Volume I of the Cambridge History of Law in America begins the account of law in America with the very first moments of European colonization and settlement of the North American landmass. It follows those processes across two hundred years to the eventual creation and stabilization of the American republic. The book discusses the place of law in regard to colonization and empire, indigenous peoples, government and jurisdiction, population migrations, economic and commercial activity, religion, the creation of social institutions, and revolutionary politics. The Cambridge History of Law in America has been made possible by the generous support of the American Bar Foundation.
This three volume work offers a comprehensive survey of the history of economic activity and economic change in the United States, and in those regions whose economies have at certain times been closely allied to that of the US.
In the late nineteenth century the United States oversaw a great increase in extraterritorial claims, boundary disputes, extradition controversies, and transborder abduction and interdiction. In this sweeping history of the underpinnings of American empire, Daniel S. Margolies offers a new frame of analysis for historians to understand how novel assertions of legal spatiality and extraterritoriality were deployed in U.S. foreign relations during an era of increased national ambitions and global connectedness. Whether it was in the Mexican borderlands or in other hot spots around the globe, Margolies shows that American policy responded to disputes over jurisdiction by defining the space of law on the basis of a strident unilateralism. Especially significant and contested were extradition regimes and the exceptions carved within them. Extradition of fugitives reflected critical questions of sovereignty and the role of the state in foreign affair during the run-up to overseas empire in 1898. Using extradition as a critical lens, Spaces of Law in American Foreign Relations examines the rich embeddedness of questions of sovereignty, territoriality, legal spatiality, and citizenship and shows that U.S. hegemonic power was constructed in significant part in the spaces of law, not simply through war or trade.
A Companion to American Legal History presents a compilation of the most recent writings from leading scholars on American legal history from the colonial era through the late twentieth century. Presents up-to-date research describing the key debates in American legal history Reflects the current state of American legal history research and points readers in the direction of future research Represents an ideal companion for graduate and law students seeking an introduction to the field, the key questions, and future research ideas
States of Exception in American History brings to light the remarkable number of instances since the Founding in which the protections of the Constitution have been overridden, held in abeyance, or deliberately weakened for certain members of the polity. In the United States, derogations from the rule of law seem to have been a feature of—not a bug in—the constitutional system. The first comprehensive account of the politics of exceptions and emergencies in the history of the United States, this book weaves together historical studies of moments and spaces of exception with conceptual analyses of emergency, the state of exception, sovereignty, and dictatorship. The Civil War, the Great Depression, and the Cold War figure prominently in the essays; so do Francis Lieber, Frederick Douglass, John Dewey, Clinton Rossiter, and others who explored whether it was possible for the United States to survive states of emergency without losing its democratic way. States of Exception combines political theory and the history of political thought with histories of race and political institutions. It is both inspired by and illuminating of the American experience with constitutional rule in the age of terror and Trump.
America's empire expanded dramatically following the Spanish-American War of 1898. The United States quickly annexed the Philippines and Puerto Rico, seized control over Cuba and the Panama Canal Zone, and extended political and financial power throughout Latin America. This age of empire, Benjamin Allen Coates argues, was also an age of international law. Justifying America's empire with the language of law and civilization, international lawyers-serving simultaneously as academics, leaders of the legal profession, corporate attorneys, and high-ranking government officials-became central to the conceptualization, conduct, and rationalization of US foreign policy. Just as international law shaped empire, so too did empire shape international law. Legalist Empire shows how the American Society of International Law was animated by the same notions of "civilization" that justified the expansion of empire overseas. Using the private papers and published writings of such figures as Elihu Root, John Bassett Moore, and James Brown Scott, Coates shows how the newly-created international law profession merged European influences with trends in American jurisprudence, while appealing to elite notions of order, reform, and American identity. By projecting an image of the United States as a unique force for law and civilization, legalists reconciled American exceptionalism, empire, and an international rule of law. Under their influence the nation became the world's leading advocate for the creation of an international court. Although the legalist vision of world peace through voluntary adjudication foundered in the interwar period, international lawyers-through their ideas and their presence in halls of power-continue to infuse vital debates about America's global role
Pointing the way to a new history of the transformation of British subjects into American citizens, State and Citizen challenges the presumption that the early American state was weak by exploring the changing legal and political meaning of citizenship. The volume’s distinguished contributors cast new light on the shift from subjecthood to citizenship during the American Revolution by showing that the federal state played a much greater part than is commonly supposed. Going beyond master narratives—celebratory or revisionist—that center on founding principles, the contributors argue that geopolitical realities and the federal state were at the center of early American political development. The volume’s editors, Peter Thompson and Peter S. Onuf, bring together political science and historical methodologies to demonstrate that citizenship was a political as well as a legal concept. The American state, this collection argues, was formed and evolved in a more dialectical relationship between citizens and government authority than is generally acknowledged. Suggesting points of comparison between an American narrative of state development—previously thought to be exceptional—and those of Europe and Latin America, the contributors break fresh ground by investigating citizenship in its historical context rather than by reference only to its capacity to confer privileges.
Full of colorful details and engrossing stories, Pursuing Respect in the Cannibal Isles shows that the aspirations of individual Americans to be recognized as people worthy of others' respect was a driving force in the global extension of United States influence shortly after the nation's founding. Nancy Shoemaker contends that what she calls extraterritorial Americans constituted the vanguard of a vast, early US global expansion. Using as her site of historical investigation nineteenth-century Fiji, the "cannibal isles" of American popular culture, she uncovers stories of Americans looking for opportunities to rise in social status and enhance their sense of self. Prior to British colonization in 1874, extraterritorial Americans had, she argues, as much impact on Fiji as did the British. While the American economy invested in the extraction of sandalwood and sea slugs as resources to sell in China, individuals who went to Fiji had more complicated, personal objectives. Pursuing Respect in the Cannibal Isles considers these motivations through the lives of the three Americans who left the deepest imprint on Fiji: a runaway whaleman who settled in the islands, a sea captain's wife, and a merchant. Shoemaker's book shows how ordinary Americans living or working overseas found unusual venues where they could show themselves worthy of others' respect—others' approval, admiration, or deference.
"Immigration presented a constitutional and political problem in the nineteenth-century United States. Until the 1870s, the federal government played only a very limited role in regulating immigration. The states controlled mobility within and across their borders and set their own rules for community membership. This book demonstrates how the existence, abolition, and legacies of slavery shaped immigration policy as it moved from the local to the national level. Throughout the antebellum era, defenders of slavery feared that if Congress had power to control immigration, it could also regulate the movement of free black people and perhaps even the interstate slave trade. The Civil War removed the political and constitutional obstacles to a national immigration policy. Admission remained the norm for European immigrants until the 1920s, but Chinese immigrants fell into a different category. Starting in the 1870s, the federal government excluded Chinese laborers, deploying techniques of registration, punishment, and deportation first used against free black people in the antebellum South. To justify these measures, the Supreme Court ruled that authority over immigration was inherent in national sovereignty and required no constitutional justification. The federal government continues to control admissions and exclusions today, while the states play a double-edged role in regulating immigrants' lives, depending on their politics and location. Some monitor and punish immigrants; others offer sanctuary and refuse to act as agents of federal law enforcement. By examining the history of immigration in a slaveholding republic, this book reveals the tangled origins of border control, incarceration, deportation, and ongoing tensions between local and federal authority in the United States"--
Introduction : Legal revolutions, cosmopolitan legal elites, and interconnected histories -- Learned law, legal education, social capital, and states : European Geneses of these relationships and the enduring role of family capital -- Legal hybrids, corporate law firms, the Langdellian Revolution in legal education, and the Construction of a U.S.-oriented international justice through an alliance of U.S. corporate lawyers with European professors -- Social and neo-liberal revolutions in the United States -- India : an embattled senior bar, the marginalization of legal knowledge, and an internationalized challenge -- Hong Kong as a paradigm case : an open market for corporate law firms and the technologies of legal education reform as Chinese hegemony grows -- South Korea and Japan : contrasting attacks through legal education reform on the traditional conservative and insular bar -- Legal education, international strategies, and rebuilding the value of legal capital in China / coauthored with Zhizhou Wang -- Conclusion : Combining social capital with learned capital: competing on different imperial paths.
