In Law in American History, Volume III: 1930-2000, the eminent legal scholar G. Edward White concludes his sweeping history of law in America, from the colonial era to the near-present. Picking up where his previous volume left off, at the end of the 1920s, White turns his attention to modern developments in both public and private law. One of his findings is that despite the massive changes in American society since the New Deal, some of the landmark constitutional decisions from that period remain salient today. An illustration is the Court's sweeping interpretation of the reach of Congress's power under the Commerce Clause in Wickard v. Filburn (1942), a decision that figured prominently in the Supreme Court's recent decision to uphold the Affordable Care Act. In these formative years of modern American jurisprudence, courts responded to, and affected, the emerging role of the state and federal governments as regulatory and redistributive institutions and the growing participation of the United States in world affairs. They extended their reach into domains they had mostly ignored: foreign policy, executive power, criminal procedure, and the rights of speech, sexuality, and voting. Today, the United States continues to grapple with changing legal issues in each of those domains. Law in American History, Volume III provides an authoritative introduction to how modern American jurisprudence emerged and evolved of the course of the twentieth century, and the impact of law on every major feature of American life in that century. White's two preceding volumes and this one constitute a definitive treatment of the role of law in American history.

The Marshall Court and Cultural Change, 1815-1835 comprises the third and fourth volumes of the Oliver Wendell Holmes Devise History of the Supreme Court of the United States. G. Edward White completes the series' coverage of the Marshall Court, tracing the last two decades of John Marshall's term as Chief Justice. White describes the intellectual climate of the Marshall Court's work and analyzes the Court's decisions. Throughout, White stresses that the Marshall Court, despite its much-celebrated influence, must be seen as part of a unique cultural period when the heritage of the Revolution confronted the radical political, demographic, and intellectual changes of the nineteenth century. The Marshall Court itself was also unique and unlike the modern Court in that it used an informal set of deliberative procedures that gave the justices' personal predilections more influence in the Court's rulings than at any other time in Supreme Court history.

Known as the "Great Dissenter," Oliver Wendell Holmes, Jr. wrote some of the most eloquent opinions in the history of the United States Supreme Court. A brilliant legal mind who served on the high court into his nineties, Holmes was responsible for some of the most important judicial opinions of the twentieth century. Now, in this superb short biography, G. Edward White offers readers a lively, informative portrait of this singular individual. The book first sketches Holmes's early years-his childhood in Boston, his undergraduate years at Harvard (which his father and both grandfathers also attended), and his valiant service in the Civil War, during which he was severely wounded three times. After the war, Holmes went into private law practice, wrote his landmark treatise The Common Law in 1881, had a short tenure on the Harvard Law School faculty, and spent 20 years as a judge on the Supreme Judicial Court of Massachusetts before being named to the U.S. Supreme Court. The author focuses on his remarkable 30-year service as a Supreme Court Justice, beginning in 1902, and details Holmes's most significant cases-Abrams v. United States, Northern Securities Co. v. United States, Lochner v. New York, Schenck v. United States, and others-which limited working hours, set a mandatory minimum wage, protected women's rights, legalized labor unions, and defined freedom of speech. These decisions-as well as The Common Law-are highly regarded to this day. A new volume in the Lives and Legacy series, this marvelous short biography offers an ideal introduction to a towering figure in American law.

In speaking about the law, Oliver Wendell Holmes, Jr. once said, "To know what it is, we must know what it has been, and what it tends to become." G. Edward White, a leading legal historian, presents Law in American History, a two-volume, comprehensive narrative history of American law from the colonial period to the present. In this first volume, White explores the key turning points in roughly the first half of the American legal system, from the development of order in the colonies, to the signing of the Constitution, to the dissolution of the Union just before the Civil War. In addition to these events, White analyzes issues like race, gender, and slavery that undergird the development of American jurisprudence. Along the way, he provides a compelling case for why law can be seen as the key to understanding the development of American life as we know it, shaping virtually every aspect of the American experience from the way we handle international relations to the food we choose to eat and drink. Thought-provoking and artfully written, Law in American History, Vol. 1 is an essential text for both students of law and general readers alike.

In this second installment of G. Edward White's sweeping history of law in America from the colonial era to the present, White, covers the period between 1865-1929, which encompasses Reconstruction, rapid industrialization, a huge influx of immigrants, the rise of Jim Crow, the emergence of an American territorial empire, World War I, and the booming yet xenophobic 1920s. As in the first volume, he connects the evolution of American law to the major political, economic, cultural, social, and demographic developments of the era. To enrich his account, White draws from the latest research from across the social sciences-economic history, anthropology, and sociology-yet weave those insights into a highly accessible narrative. Along the way he provides a compelling case for why law can be seen as the key to understanding the development of American life as we know it. Law in American History, Volume II will be an essential text for both students of law and general readers.

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. And even as the case against Hiss grew over time, his dignified demeanor helped create an aura of innocence that outshone the facts in many minds.
Now G. Edward White deftly draws together the countless details of Hiss's life--from his upper middle-class childhood in Baltimore and his brilliant success at Harvard to his later career as a self-made martyr to McCarthyism--to paint a fascinating portrait of a man whose life was devoted to perpetuating a lie. White catalogs the evidence that proved Hiss's guilt, from Whittaker Chambers's famous testimony, to copies of State Department documents typed on Hiss's typewriter, to Allen Weinstein's groundbreaking investigation in the 1970s. The author then explores the central conundrums of Hiss's life: Why did this talented lawyer become a Communist and a Soviet spy? Why did he devote so much of his life to an extensive public campaign to deny his espionage? And how, without producing any new evidence, did he convince many people that he was innocent? White offers a compelling analysis of Hiss's behavior in the face of growing evidence of his guilt, revealing how this behavior fit into an ongoing pattern of denial and duplicity in his life.
The story of Alger Hiss is in part a reflection of Cold War America--a time of ideological passions, partisan battles, and secret lives. It is also a story that transcends a particular historical era--a story about individuals who choose to engage in espionage for foreign powers and the secret worlds they choose to conceal. In White's skilledhands, the life of Alger Hiss comes to illuminate both of those themes.

At a time when many baseball fans wish for the game to return to a purer past, G. Edward White shows how seemingly irrational business decisions, inspired in part by the self-interest of the owners but also by their nostalgia for the game, transformed baseball into the national pastime. Not simply a professional sport, baseball has been treated as a focus of childhood rituals and an emblem of American individuality and fair play throughout much of the twentieth century. It started out, however, as a marginal urban sport associated with drinking and gambling. White describes its progression to an almost mythic status as an idyllic game, popular among people of all ages and classes. He then recounts the owner's efforts, often supported by the legal system, to preserve this image.

Baseball grew up in the midst of urban industrialization during the Progressive Era, and the emerging steel and concrete baseball parks encapsulated feelings of neighborliness and associations with the rural leisure of bygone times. According to White, these nostalgic themes, together with personal financial concerns, guided owners toward practices that in retrospect appear unfair to players and detrimental to the progress of the game. Reserve clauses, blacklisting, and limiting franchise territories, for example, were meant to keep a consistent roster of players on a team, build fan loyalty, and maintain the game's local flavor. These practices also violated anti-trust laws and significantly restricted the economic power of the players. Owners vigorously fought against innovations, ranging from the night games and radio broadcasts to the inclusion of African-American players. Nonetheless, the image of baseball as a spirited civic endeavor persisted, even in the face of outright corruption, as witnessed in the courts' leniency toward the participants in the Black Sox scandal of 1919.

White's story of baseball is intertwined with changes in technology and business in America and with changing attitudes toward race and ethnicity. The time is fast approaching, he concludes, when we must consider whether baseball is still regarded as the national pastime and whether protecting its image is worth the effort.

Now available in a newly revised and updated second edition, this highly acclaimed volume presents a series of portraits of the most famous appellate judges in American history from John Marshall to the Burger court.
G. Edward White traces the American judicial tradition through sketches of the careers and contributions of such significant judges as John Marshall, Joseph Story, Roger Taney, Stephen Field, Oliver Wendell Holmes, Louis Brandeis, Charles Evans Hughes, Felix Frankfurter, Hugo Black, Earl Warren, William Brennan, and Sandra Day O'Connor. This expanded edition contains a new preface, an updated bibliographical note, and two new chapters, one on Justice William O. Douglas and one on the Burger Court.

This is a major biography of one of America's most influential and respected Supreme Court justices by a leading law scholar. In the late 1970s, Earl Warren's papers were opened and G. Edward White, a former law clerk of Warren, was given complete access to research this book. The result is the first study of the Chief Justice to cover his entire political career and to examine aspects of Warren's character that have seemed paradoxical. White goes back to Warren's roots in California Progressivism to illuminate his mid-century liberalism and the controversial decisions over which he presided in the Supreme Court. Based on a wealth of newly available information and White's understanding of Warren's work and personality, this is a fascinating, original portrait of Chief Justice Earl Warren.

By any measure, Oliver Wendell Holmes, Jr., led a full and remarkable life. He was tall and exceptionally attractive, especially as he aged, with piercing eyes, a shock of white hair, and prominent moustache. He was the son of a famous father (Oliver Wendell Holmes, Sr., renowned for "The Autocrat of the Breakfast Table"), a thrice-wounded veteran of the Civil War, a Harvard-educated member of Brahmin Boston, the acquaintance of Longfellow, Lowell, and Emerson, and for a time a close friend of William James. He wrote one of the classic works of American legal scholarship, The CommonLaw, and he served with distinction on the Supreme Court of the United States. He was actively involved in the Court's work into his nineties.
In Justice Oliver Wendell Holmes, G. Edward White, the acclaimed biographer of Earl Warren and one of America's most esteemed legal scholars, provides a rounded portrait of this remarkable jurist. We see Holmes's early life in Boston and at Harvard, his ambivalent relationship with his father, and his harrowing service during the Civil War (he was wounded three times, twice nearly fatally, shot in the chest in his first action, and later shot through the neck at Antietam). White examines Holmes's curious, childless marriage (his diary for 1872 noted on June 17th that he had married Fanny Bowditch Dixwell, and the next sentence indicated that he had become the sole editor of the American Law Review) and he includes new information on Holmes's relationship with Clare Castletown. White not only provides a vivid portrait of Holmes's life, but examines in depth the inner life and thought of this preeminent legal figure. There is a full chapter devoted to The Common Law, for instance, and throughout the book, there is astute commentary on Holmes's legal writings. Indeed, White reveals that some of the themes that have dominated 20th-century American jurisprudence--including protection for free speech and the belief that "judges make the law"--originated in Holmes's work. Perhaps most important, White suggests that understanding Holmes's life is crucial to understanding his work, and he continually stresses the connections between Holmes's legal career and his personal life. For instance, his desire to distinguish himself from his father and from the "soft" literary culture of his father's generation drove him to legal scholarship of a particularly demanding kind.
White's biography of Earl Warren was hailed by Anthony Lewis on the cover of The New York Times Book Review as "serious and fascinating," and The Los Angeles Times noted that "White has gone beyond the labels and given us the man." In Justice Oliver Wendell Holmes, White has produced an equally serious and fascinating biography, one that again goes beyond the labels and gives us the man himself.

Much more than an historical examination of liability, criminal law, torts, bail, possession and ownership, and contracts, "The Common Law" articulates the ideas and judicial theory of one of the greatest justices of the Supreme Court. G. Edward White reminds us why the book remains essential reading not only for law students but also for anyone interested in American history. The text published is, with occasional corrections of typographical errors, identical with that found in the first and all subsequent printings by Little, Brown.

Over the course of his career at Harvard, Morton Horwitz changed the questions legal historians ask. "The Transformation of American Law, 1780 1860" (1977) disclosed the many ways that judge-made law favored commercial and property interests and remade law to promote economic growth. "The Transformation of American Law, 1870 1960" (1992) continued that project, with a focus on ideas that reshaped law as we struggled for objective and neutral legal responses to our country s crises. In more recent years he has written extensively on the legal realists and the Warren Court.

Following an earlier "festschrift" volume by his former students, this volume includes essays by Horwitz colleagues at Harvard and those from across the academy, as well as his students. These essays assess specific themes in Horwitz work, from the antebellum era to the Warren Court, from jurisprudence to the influence of economics on judicial doctrine. The essays are, like Horwitz, provocative and original as they continue his transformation of American legal history.

A renowned legal historian's collection of astute and timeless essays on such important subjects as the process, method and debates of legal history; the unvarnished truth about Holmes and Brandeis; legal realism and its critics; the origins of tort law in America; appellate opinions as research sources; Brown v. Board of Education and the roles of Earl Warren and of public opinion; and the development of gay rights and relationship privacy and liberty in U.S. constitutional law.

In this revised third edition of a classic in American jurisprudence, G. Edward White updates his series of portraits of the most famous appellate judges in American history from John Marshall to Oliver W. Holmes to Warren E. Burger, with a new chapter on the Rehnquist Court. White traces the development of the American judicial tradition through biographical sketches of the careers and contributions of these renowned judges. In this updated edition, he argues that the Rehnquist Court's approach to constitutional interpretation may have ushered in a new stage in the American judicial tradition. The update also includes a new preface and revised bibliographic note.

This history of tort law in America looks at how the subject has been conceptualized, pointing out why changes in rules occurred, and who did the changing. White approaches his subject from four perspectives: intellectual history, the sociology of knowledge, the phenomenon of professionalization in the late 19th and 20th centuries in America, and the recurrent concerns of tort law since it became a discrete field.

First published in 1968, The Eastern Establishment and the Western Experience has become a classic in the field of American studies.

G. Edward White traces the origins of "the West of the imagination" to the adolescent experiences of Frederic Remington, Theodore Roosevelt, and Owen Wister--three Easterners from upper-class backgrounds who went West in the 1880s in search of an alternative way of life.

Each of the three men came to identify with a somewhat idealized "Wild West" that embodied the virtues of individualism, self-reliance, and rugged masculinity. When they returned East, they popularized this image of the West through art, literature, politics, and even their public personae. Moreover, these Western virtues soon became and have remained American virtues--a patriotic ideal that links Easterners with Westerners.

With a multidisciplinary blend of history, biography, sociology, psychology, and literary criticism, The Eastern Establishment and the Western Experience will appeal to a wide audience. The author has written a new preface, offering additional perspectives on the mythology of the West and its effect on the American character.

In a powerful new narrative, G. Edward White challenges the reigning understanding of twentieth-century Supreme Court decisions, particularly in the New Deal period. He does this by rejecting such misleading characterizations as "liberal," "conservative," and "reactionary," and by reexamining several key topics in constitutional law. Through a close reading of sources and analysis of the minds and sensibilities of a wide array of justices, including Holmes, Brandeis, Sutherland, Butler, Van Devanter, and McReynolds, White rediscovers the world of early-twentieth-century constitutional law and jurisprudence. He provides a counter-story to that of the triumphalist New Dealers. The deep conflicts over constitutional ideas that took place in the first half of the twentieth century are sensitively recovered, and the morality play of good liberals vs. mossbacks is replaced. This is the only thoroughly researched and fully realized history of the constitutional thought and practice of all the Supreme Court justices during the turbulent period that made America modern.