While arbitration was robust in colonial and early America, dispute resolution lost its footing to the court system as the United States grew into a bustling and burgeoning country.
While arbitration was robust in colonial and early America, dispute resolution lost its footing to the court system as the United States grew into a bustling and burgeoning country.
It can be said that western literature begins with a war story, the Iliad; and that this is true too of many non-Western literary traditions, such as the Mahabharata.
It can be said that western literature begins with a war story, the Iliad; and that this is true too of many non-Western literary traditions, such as the Mahabharata.
This book discusses the revolutionary broadening of concepts of freedom of press and freedom of speech in Great Britain and in America in the late eighteenth century, in the period that produced state declarations of rights and then the First Amendment and Fox's Libel Act.
This book discusses the revolutionary broadening of concepts of freedom of press and freedom of speech in Great Britain and in America in the late eighteenth century, in the period that produced state declarations of rights and then the First Amendment and Fox's Libel Act.
Antonin Scalia and American Constitutionalism is an in-depth study of Justice Antonin Scalia's jurisprudence, his work on the Supreme Court, and his significance in the history of American constitutionalism.
Antonin Scalia and American Constitutionalism is an in-depth study of Justice Antonin Scalia's jurisprudence, his work on the Supreme Court, and his significance in the history of American constitutionalism.
An eighth-generation Charlestonian with a prestigious address, impeccable social credentials, and years of intimate association with segregationist politicians, U.
An important contribution to constitutional literature, this collection of ten unpublished decisions by the Warren Court puts the decision making process of the Supreme Court in a new light.
Although less than fifty words long, the meaning of the seemingly simple Eleventh Amendment has troubled the Supreme Court at crucial points in American history and continues to spur sharp debate in present-day courts.
A companion to Oxford's The Unpublished Opinions of the Warren Court, this book contains the draft opinions that were prepared by the Justices in the cases included, as well as a short historical preface of each case and an analysis of the legal events occurring after the drafts were sent to the Justices.
In writing the constitution, the Founders combined a Lockean theory of politically legitimate power with the political science they had learned from Machiavelli, Harrington, Hume, and Montesquieu to articulate a new conception of constitutional argument.
Rethinking the New Deal Court: The Structure of a Constitutional Revolution challenges the prevailing account of the Supreme Court of the New Deal era, which holds that in the spring of 1937 the Court suddenly abandoned jurisprudential positions it had staked out in such areas as substantive due process and commerce clause doctrine.
A monumental investigation of the Supreme Court's rulings on race, From Jim Crow To Civil Rights spells out in compelling detail the political and social context within which the Supreme Court Justices operate and the consequences of their decisions for American race relations.
In 1840, Alexander Maconochie, a privileged retired naval captain, became at his own request superintendent of two thousand twice-convicted prisoners on Norfolk Island, a thousand miles off the coast of Australia.
For decades, a great number of Americans saw Alger Hiss as an innocent victim of McCarthyism--a distinguished diplomat railroaded by an ambitious Richard Nixon.
Gender and the Jubilee is a bold reconceptualization of black freedom during the Civil War that uncovers the political and constitutional claims made by African American women.
In medieval Italy the practice of revenge as criminal justice was still popular amongst members of all social classes, yet crime also was increasingly perceived as a public matter that needed to be dealt with by the government rather than private citizens.
In medieval Italy the practice of revenge as criminal justice was still popular amongst members of all social classes, yet crime also was increasingly perceived as a public matter that needed to be dealt with by the government rather than private citizens.
At the beginning of 2015, the Court of Justice opened its archives, which created a new and challenging primary source for those studying the Court of Justice: the dossiers de procedure which contain much more than the contemporary documents published by the Court.
At the beginning of 2015, the Court of Justice opened its archives, which created a new and challenging primary source for those studying the Court of Justice: the dossiers de procedure which contain much more than the contemporary documents published by the Court.
This microhistory reconstructs and analyses a protracted legal dispute over a small parcel of land called Warrens Court in Nibley, Gloucestershire, which was contested between successive generations of two families from the mid-sixteenth century to the early eighteenth century.
This microhistory reconstructs and analyses a protracted legal dispute over a small parcel of land called Warrens Court in Nibley, Gloucestershire, which was contested between successive generations of two families from the mid-sixteenth century to the early eighteenth century.
Africa often remains neglected in studies that discuss the historical relationship between international law and imperialism during the nineteenth century.
Africa often remains neglected in studies that discuss the historical relationship between international law and imperialism during the nineteenth century.
The second volume in this series explores the evolution of administrative laws in Europe to better understand the foundations of EU institutions, focusing on the period of 1890-1910.