Reconstructing American Law
Author: Bruce A. Ackerman
Publisher:
Published: 1984
Total Pages: 136
ISBN-13:
DOWNLOAD EBOOKRead and Download eBook Full
Author: Bruce A. Ackerman
Publisher:
Published: 1984
Total Pages: 136
ISBN-13:
DOWNLOAD EBOOKAuthor: Hanoch Dagan
Publisher: Oxford University Press, USA
Published: 2013-09
Total Pages: 247
ISBN-13: 0199890692
DOWNLOAD EBOOKThis book demonstrates how legal realism offers important and unique jurisprudential insights that are not just a part of legal history, but are also relevant and useful for a contemporary understanding of legal theory.
Author: Eric Lomazoff
Publisher: University of Chicago Press
Published: 2018-11-07
Total Pages: 264
ISBN-13: 022657945X
DOWNLOAD EBOOKThe Bank of the United States sparked several rounds of intense debate over the meaning of the Constitution’s Necessary and Proper Clause, which authorizes the federal government to make laws that are “necessary” for exercising its other powers. Our standard account of the national bank controversy, however, is incomplete. The controversy was much more dynamic than a two-sided debate over a single constitutional provision and was shaped as much by politics as by law. With Reconstructing the National Bank Controversy, Eric Lomazoff offers a far more robust account of the constitutional politics of national banking between 1791 and 1832. During that time, three forces—changes within the Bank itself, growing tension over federal power within the Republican coalition, and the endurance of monetary turmoil beyond the War of 1812 —drove the development of our first major debate over the scope of federal power at least as much as the formal dimensions of the Constitution or the absence of a shared legal definition for the word “necessary.” These three forces—sometimes alone, sometimes in combination—repeatedly reshaped the terms on which the Bank’s constitutionality was contested. Lomazoff documents how these three dimensions of the polity changed over time and traces the manner in which they periodically led federal officials to adjust their claims about the Bank’s constitutionality. This includes the emergence of the Coinage Clause—which gives Congress power to “coin money, regulate the value thereof”—as a novel justification for the institution. He concludes the book by explaining why a more robust account of the national bank controversy can help us understand the constitutional basis for modern American monetary politics.
Author: Charles A. Shanor
Publisher:
Published: 2004
Total Pages: 82
ISBN-13: 9780314153470
DOWNLOAD EBOOKAuthor: Pamela Brandwein
Publisher: Duke University Press
Published: 1999
Total Pages: 292
ISBN-13: 9780822323167
DOWNLOAD EBOOKLooks at the contest to construct history, focusing on competing versions of Reconstruction history supported by different factions after the Civil War. The author analyzes how the ultimately dominant version of the history won credence and how that in
Author: Eric Foner
Publisher: W. W. Norton & Company
Published: 2019-09-17
Total Pages: 228
ISBN-13: 0393652580
DOWNLOAD EBOOK“Gripping and essential.”—Jesse Wegman, New York Times An authoritative history by the preeminent scholar of the Civil War era, The Second Founding traces the arc of the three foundational Reconstruction amendments from their origins in antebellum activism and adoption amidst intense postwar politics to their virtual nullification by narrow Supreme Court decisions and Jim Crow state laws. Today these amendments remain strong tools for achieving the American ideal of equality, if only we will take them up.
Author: Laura F. Edwards
Publisher: Cambridge University Press
Published: 2015-01-26
Total Pages: 225
ISBN-13: 1107008794
DOWNLOAD EBOOKThis book provides a succinct and accessible account of the critical role of legal and constitutional issues of the American Civil War.
Author: Martin J. Sklar
Publisher: Cambridge University Press
Published: 1988
Total Pages: 502
ISBN-13: 9780521313827
DOWNLOAD EBOOKThrough an examination of the judicial, legislative, and political aspects of the antitrust debates in 1890 to 1916, Sklar shows that arguments were not only over competition versus combination, but also over the question of the relations between government and the market and the state and society.
Author: Paul W. Kahn
Publisher: University of Chicago Press
Published: 1999
Total Pages: 184
ISBN-13: 9780226422558
DOWNLOAD EBOOKDrawing on philosophers from Plato to Foucault and cultural anthropologists and historians such as Clifford Geertz and Perry Miller, Kahn outlines the conceptual tools necessary for such an inquiry. He analyzes the concepts of time, space, citizen, judge, sovereignty, and theory within the culture of law's rule and goes on to consider the methodological problems entailed in stripping the study of law of its reformist ambitions.
Author: Peter W. Bardaglio
Publisher: Univ of North Carolina Press
Published: 2000-11-09
Total Pages: 378
ISBN-13: 0807860212
DOWNLOAD EBOOKIn Reconstructing the Household, Peter Bardaglio examines the connections between race, gender, sexuality, and the law in the nineteenth-century South. He focuses on miscegenation, rape, incest, child custody, and adoption laws to show how southerners struggled with the conflicts and stresses that surfaced within their own households and in the larger society during the Civil War era. Based on literary as well as legal sources, Bardaglio's analysis reveals how legal contests involving African Americans, women, children, and the poor led to a rethinking of families, sexuality, and the social order. Before the Civil War, a distinctive variation of republicanism, based primarily on hierarchy and dependence, characterized southern domestic relations. This organic ideal of the household and its power structure differed significantly from domestic law in the North, which tended to emphasize individual rights and contractual obligations. The defeat of the Confederacy, emancipation, and economic change transformed family law and the governance of sexuality in the South and allowed an unprecedented intrusion of the state into private life. But Bardaglio argues that despite these profound social changes, a preoccupation with traditional notions of gender and race continued to shape southern legal attitudes.