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"In short, we have a first-rate study of an important constitutional symbol of disunion." --Donald Roper, American Journal of Legal History 26 (1982) 255. Finkelman describes the judicial turmoil that ensued when slaves were taken into free states and the resultant issues of comity, conflict of laws, interstate cooperation, Constitutional obligations, and the nationalization of slavery. "Other scholars have defined the antebellum constitutional crisis largely in terms of the extension of slavery to the territories and the return of fugitive slaves. Finkelman's study demonstrates that the comity problem was also an important dimension of intersectional tension. It is a worthy addition to the growing literature of slavery." -- James W. Ely, Jr., California Law Review 69 (1981) 1755. Paul Finkelman is the President William McKinley Distinguished Professor of Law and Public Policy and Senior Fellow, Government Law Center, Albany Law School. He is the author of more than 200 scholarly articles and more than 35 books including A March of Liberty: A Constitutional History of the United States, with Melvin I. Urofsky (2011), Slavery, Race and the American Legal System, 1700-1872 (editor) (1988) and Slavery in the Courtroom (1985).
Recipient of the Joseph L. Andrews Award in 1986. This book provides a detailed discussion and analysis of the pamphlet materials on the law of slavery published in the United States and Great Britain. It provides the reader with an understanding of most of the important American and British cases on slavery.
COMPREHENSIVE STUDY OF LYNCHING Published by the NAACP in 1919 to promote awareness of lynching in the United States, this seminal study provides information on the lynchings of 3,224 African-Americans between 1889 and 1918. With a new introduction by noted slave historian, Paul Finkelman. "The book reprinted here is one of the most comprehensive studies of lynching in U.S. history. The NAACP data shows that most lynchings were not about interracial sex-the great paranoia of the southern white Americans. Many blacks were lynched because they had allegedly committed murders. However, many of these "murderers" were never tried and the evidence against them was speculative at best. But other blacks were lynched for no apparent reason, or for some minor transgression of social and racial rules-as understood by whites-such as 'inflammatory language, ' 'insulting remarks to a white woman, ' 'being disreputable, ' or just 'race prejudice.' This last cause-racial prejudice-was indeed at the root of almost all lynchings of African-Americans." -- Paul Finkelman, Introduction CONTENTS Summation of the Facts Disclosed in Tables The Story of One Hundred Lynchings Appendix I-Analyses of Number of Persons Lynched Appendix II-Chronological List of Persons Lynched in United States 1889 to 1918, Inclusive, Arranged by State
"The Civil War was the most dramatic, violent, and fateful experience in American history. . . . Little wonder that the Civil War had a profound impact that has echoed down the generations and remains undiminished today. That impact helps explain why at least 50,000 books and pamphlets . . . on the Civil War have been published since the 1860s. Most of these are in the Library of Congress, along with thousands of unpublished letters, diaries, and other documents that make this depository an unparalleled resource for studying the war. From these sources, the editors of "The Library of Congress Civil War Desk Reference "have compiled a volume that every library, every student of the Civil War--indeed everyone with an interest in the American past--will find indispensable." --From the Foreword by James M. McPherson, Pulitzer Prize-winning author of "Battle Cry of Freedom "
Reprinted from the Garland series: Slavery, Race and the American Legal System, 1700-1872, the 13 pamphlets in this collection address cases that led to the abolition of slavery, cases against free blacks and abolitionists and cases dealing with race laws. " The volumes in this series] belong in every library used for research, and in particular at all law school libraries. They will prove valuable to historians, lawyers, law teachers and students, and all persons interested in the problems of slavery and race in American experience." --William M. Wiecek, American Journal of Legal History 33 (1989) 187
Few images of early America were more striking, and jarring, than that of slaves in the capital city of the world's most important free republic. Black slaves served and sustained the legislators, bureaucrats, jurists, cabinet officials, military leaders, and even the presidents who lived and worked there. While slaves quietly kept the nation's capital running smoothly, lawmakers debated the place of slavery in the nation, the status of slavery in the territories newly acquired from Mexico, and even the legality of the slave trade in itself. "In the Shadow of Freedom," with essays by some of the most distinguished historians in the nation, explores the twin issues of how slavery made life possible in the District and how lawmakers in the District regulated slavery in the nation.
If the FBI asks local law enforcement agencies to interrogate Arab and Muslim men within their jurisdictions, may the Detroit Chief of Police decline to do so? Would allowing the federal government to insist on local assistance be an example of undesirable federal overreaching or desirable national uniformity? If the FBI engages in a Joint Terrorism Task Force with local law enforcement officials in Portland, Oregon, may Portland police officers ignore surveillance-limiting Oregon state laws that apply to them, but not to the FBI? May those officers be bound to secrecy and prohibited from telling their employers if their colleagues violate state law? If the city of Arcata, California, disapproves of powers the USA Patriot Act gives federal investigators, may it prohibit its law enforcement personnel from helping the FBI conduct investigations? Concern about the proper balance between federal and local authority reaches back to the founding of our nation. That discussion has been re-ignited by the shock waves generated on September 11, 2001, which profoundly challenged our understandings of various constitutional strategies established to prevent overreaching by the Federal government. Until now, the discussion about the impact of 9/11 on American law has paid little attention to federalism, a vertical check on the federal government that complements the horizontal checks created by the separation of powers of the legislative, judicial, and executive branches. Questions about the ability of state and local governments to make their own policy choices form an important subset of questions about how far the federal government can or should go in its antiterrorism efforts. Clashes between claims of national authority and claims of local autonomy raise political questions that play out within a framework of constitutional law. "Terrorism, Government, and LaW" is designed to foster an important national conversation on this subject.
In 1846 two slaves, Dred and Harriet Scott, filed petitions for their freedom in the Old Courthouse in St. Louis, Missouri. As the first true civil rights case decided by the U.S. Supreme Court, Dred Scott v. Sandford raised issues that have not been fully resolved despite three amendments to the Constitution and more than a century and a half of litigation. The Dred Scott Case: Historical and Contemporary Perspectives on Race and Law presents original research and the reflections of the nation\u2019s leading scholars who gathered in St. Louis to mark the 150th anniversary of what was arguably the most infamous decision of the U.S. Supreme Court. The decision that held that African Americans \u201chad no rights\u201d under the Constitution and that Congress had no authority to alter that galvanized Americans and thrust the issue of race and law to the center of American politics. This collection of essays revisits the history of the case and its aftermath in American life and law. In a final section, the present-day justices of the Missouri Supreme Court offer their reflections on the process of judging and provide perspective on the misdeeds of their nineteenth-century predecessors who denied the Scotts their freedom.
Order early and save $100 when you buy this set at the special
introductory price of $495! List price of $595 (08) is effective
5/1/09.
In Slavery and the Founders, Paul Finkelman addresses a central issue of the American founding: how the first generation of leaders of the United States dealt with the profoundly important question of human bondage. The book explores the tension between the professed idea of America as stated in the Declaration of Independence, and the reality of the early American republic, reminding us of the profound and disturbing ways that slavery affected the U.S. Constitution and early American politics. It also offers the most important and detailed short critique of Thomas Jefferson's relationship to slavery available, while at the same time contrasting his relationship to slavery with that of other founders. This third edition of Slavery and the Founders incorporates a new chapter on the regulation and eventual (1808) banning of the African slave trade.
It is impossible to understand America without understanding the
history of African Americans. In nearly seven hundred entries, the
Encyclopedia of African American History, 1619-1895 documents the
full range of the African American experience during that
period-from the arrival of the first slave ship to the death of
Frederick Douglass-and shows how all aspects of American culture,
history, and national identity have been profoundly influenced by
the experience of African Americans.
Originally published in 2006, the Encyclopedia of American Civil Liberties, is a comprehensive 3 volume set covering a broad range of topics in the subject of civil liberties in America. The book covers the topic from numerous different areas including freedom of speech, press, religion, assembly and petition. The Encyclopedia also addresses areas such as the Constitution, the Bill of Rights, slavery, censorship, crime and war. The book's multidisciplinary approach will make it an ideal library reference resource for lawyers, scholars and students.
Originally published in 2006, the Encyclopedia of American Civil Liberties, is a comprehensive 3 volume set covering a broad range of topics in the subject of civil liberties in America. The book covers the topic from numerous different areas including freedom of speech, press, religion, assembly and petition. The Encyclopedia also addresses areas such as the Constitution, the Bill of Rights, slavery, censorship, crime and war. The book's multidisciplinary approach will make it an ideal library reference resource for lawyers, scholars and students.
Originally published in 2006, the Encyclopedia of American Civil Liberties, is a comprehensive 3 volume set covering a broad range of topics in the subject of civil liberties in America. The book covers the topic from numerous different areas including freedom of speech, press, religion, assembly and petition. The Encyclopedia also addresses areas such as the Constitution, the Bill of Rights, slavery, censorship, crime and war. The book's multidisciplinary approach will make it an ideal library reference resource for lawyers, scholars and students.
Originally published in 2000, the Encyclopedia of Religion and American Law, comprehensively describes and analyses important cases and legal controversies between religion and state. The book has contributions from numerous distinguished history and law professors and practicing attorneys of the period. It provides short and articulate encyclopedic style entries which capture the colour, richness and complexity of the topics covered. The book’s multidisciplinary approach will make it an ideal library reference resource for scholars and students of law, as well as a valuable addition to any legal collection.
Originally published in 2006, the Encyclopedia of American Civil Liberties, is a comprehensive 3 volume set covering a broad range of topics in the subject of American Civil Liberties. The book covers the topic from numerous different areas including freedom of speech, press, religion, assembly and petition. The Encyclopedia also addresses areas such as the Constitution, the Bill of Rights, slavery, censorship, crime and war. The book’s multidisciplinary approach will make it an ideal library reference resource for lawyers, scholars and students.
Originally published in 2006, the Encyclopedia of American Civil Liberties, is a comprehensive 3 volume set covering a broad range of topics in the subject of American Civil Liberties. The book covers the topic from numerous different areas including freedom of speech, press, religion, assembly and petition. The Encyclopedia also addresses areas such as the Constitution, the Bill of Rights, slavery, censorship, crime and war. The book's multidisciplinary approach will make it an ideal library reference resource for lawyers, scholars and students.
Originally published in 2006, the Encyclopedia of American Civil Liberties, is a comprehensive 3 volume set covering a broad range of topics in the subject of civil liberties in America. The book covers the topic from numerous different areas including freedom of speech, press, religion, assembly and petition. The Encyclopedia also addresses areas such as the Constitution, the Bill of Rights, slavery, censorship, crime and war. The book's multidisciplinary approach will make it an ideal library reference resource for lawyers, scholars and students.
Originally published in 2006, the Encyclopedia of American Civil Liberties, is a comprehensive 3 volume set covering a broad range of topics in the subject of civil liberties in America. The book covers the topic from numerous different areas including freedom of speech, press, religion, assembly and petition. The Encyclopedia also addresses areas such as the Constitution, the Bill of Rights, slavery, censorship, crime and war. The book's multidisciplinary approach will make it an ideal library reference resource for lawyers, scholars and students.
"Justice and Legal Change on the Shores of Lake Erie" explores the
many ways that the United States District Court for the Northern
District of Ohio has affected the region, the nation, the
development of American law, and American politics. The essays in
this book, written by eminent law professors, historians, political
scientists, and practicing attorneys, illustrate the range of cases
and issues that have come before the court. Since the court's
inception in 1855, judges have influenced economic developments and
social issues, beginning with the court's most famous early case,
involving the rescue of the fugitive slave John Price by residents
of Northern Ohio.
In Slavery and the Founders, Paul Finkelman addresses a central issue of the American founding: how the first generation of leaders of the United States dealt with the profoundly important question of human bondage. The book explores the tension between the professed idea of America as stated in the Declaration of Independence, and the reality of the early American republic, reminding us of the profound and disturbing ways that slavery affected the U.S. Constitution and early American politics. It also offers the most important and detailed short critique of Thomas Jefferson's relationship to slavery available, while at the same time contrasting his relationship to slavery with that of other founders. This third edition of Slavery and the Founders incorporates a new chapter on the regulation and eventual (1808) banning of the African slave trade.
Central to the development of the American legal system, writes Professor Finkelman in Slavery & the Law, is the institution of slavery. It informs us not only about early concepts of race and property, but about the nature of American democracy itself. Prominent historians of slavery and legal scholars analyze the intricate relationship between slavery, race, and the law from the earliest Black Codes in colonial America to the passage of the Fugitive Slave Law and the Dred Scott decision prior to the Civil War. Slavery & the Law's wide-ranging essays focus on comparative slave law, auctioneering practices, rules of evidence, and property rights, as well as issues of criminality, punishment, and constitutional law. What emerges from this multi-faceted portrait is a complex legal system designed to ensure the property rights of slave-holders and to institutionalize racism. The ultimate result was to strengthen the institution of slavery in the midst of a growing trend toward democracy in the mid-nineteenth-century Atlantic community.
The aim of this series is to familiarize the audience with privacy
principles which form the core of laws in the United States. The
series explores the tension between the laws' win goals; first,
encourage the open discourse and debate, often involving
revolutionary (and expensive) telecommunications technology and
second, enforce the right of privacy within the fullest meaning of
that term, the right to be let alone. The series traces the
evolution of the fundamental right to privacy as first enunciated
in deeply English influenced American common law. The sources
examined cover the evolution of the concept of the right to privacy
as on as integral as the right to control one's own body to the
right to not have strangers listen to your telephone calls or read
your electronic mail.
Originally published in 2000, the Encyclopedia of Religion and American Law, comprehensively describes and analyses important cases and legal controversies between religion and state. The book has contributions from numerous distinguished history and law professors and practicing attorneys of the period. It provides short and articulate encyclopedic style entries which capture the colour, richness and complexity of the topics covered. The book's multidisciplinary approach will make it an ideal library reference resource for scholars and students of law, as well as a valuable addition to any legal collection.
First Published in 1990. Routledge is an imprint of Taylor & Francis, an informa company. |
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