Legal history

The Judiciary Act of 1789 established a federal court system, an experiment that became one of the outstanding features of American democracy.

An important contribution to constitutional literature, this collection of ten unpublished decisions by the Warren Court puts the decision making process of the Supreme Court in a new light.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A companion to Oxford's The Unpublished Opinions of the Warren Court, this book contains the draft opinions that were prepared by the Justices in the cases included, as well as a short historical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.

The 19th century saw dramatic changes in the legal education system in the United States.

From the 1930s to the early 1960s civil rights law was made primarily through constitutional litigation.

In the last twenty years, the veil of secrecy surrounding the workings of the United States Supreme Court has been lifted.

A judge-made revolution?

Warren E.

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.

This book examines the ideology of elite lawyers and judges from the Gilded Age through the New Deal.

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 1986, the Supreme Court's leading conservative, William H.

Many critics attack federal judges as anti-democratic elitists, activists out of step with the mainstream of American thought.

This study addresses the ius commune's relation to and influence on English law.

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.

Compulsory education has always been in the best interest of the state, as it fosters good citizenship and self-sufficiency.

Ancien regime France did not have a unified law.

Ancien regime France did not have a unified law.

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.

Along with treaties, custom is one of the sources of international law.

Along with treaties, custom is one of the sources of international law.

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 book poses a question that is deceptive in its simplicity: could international law have been otherwise?

This book poses a question that is deceptive in its simplicity: could international law have been otherwise?

This volume on the law of the European Union focuses on contemporary challenges to EU legality.

This volume on the law of the European Union focuses on contemporary challenges to EU legality.

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.

To what extent did English law facilitate trade before the advent of general incorporation and modern securities law?

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.

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.

The history of war is also a history of its justification.

The history of war is also a history of its justification.

This volume sheds light on how lawyers have made sense of, engaged in, and shaped international politics over the past three hundred years.

Custom, Common Law, and the Constitution of English Renaissance Literature argues that, ironically, custom was a supremely generative literary force for a range of Renaissance writers.

Custom, Common Law, and the Constitution of English Renaissance Literature argues that, ironically, custom was a supremely generative literary force for a range of Renaissance writers.

Gabriela A.

Gabriela A.

Over the last two decades, the "e;new international order"e; of 1919 has grown into an expansive new area of research across multiple disciplines.

Over the last two decades, the "e;new international order"e; of 1919 has grown into an expansive new area of research across multiple disciplines.

This book argues that sovereignty is the first-order question of political order, and that seventeenth-century England provides an important case study in the roots of its modern iterations.

This book argues that sovereignty is the first-order question of political order, and that seventeenth-century England provides an important case study in the roots of its modern iterations.