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This is a study of the central role of history in late-nineteenth century American legal thought. In the decades following the Civil War, the founding generation of professional legal scholars in the United States drew from the evolutionary social thought that pervaded Western intellectual life on both sides of the Atlantic. Their historical analysis of law as an inductive science rejected deductive theories and supported moderate legal reform, conclusions that challenge conventional accounts of legal formalism Unprecedented in its coverage and its innovative conclusions about major American legal thinkers from the Civil War to the present, the book combines transatlantic intellectual history, legal history, the history of legal thought, historiography, jurisprudence, constitutional theory, and the history of higher education.
"A vivid and painstakingly researched account of Emerson's late-in-life, seven-week trek across the North American continent in 1871." — New York Review of Books In the spring of 1871, Ralph Waldo Emerson boarded a train in Concord, Massachusetts, bound for a month-and-a-half-long tour of California—an interlude that became one of the highlights of his life. On their journey across the American West, he and his companions would take in breathtaking vistas in the Rockies and along the Pacific Coast, speak with a young John Muir in the Yosemite Valley, stop off in Salt Lake City for a meeting with Brigham Young, and encounter a diversity of communities and cultures that would challenge the...
A critical history of the Americanization of legal education in fourteen countries The second half of the twentieth century witnessed the export of American power—both hard and soft—throughout the world. What role did US cultural and economic imperialism play in legal education? American Legal Education Abroad offers an unprecedented and surprising picture of the history of legal education in fourteen countries beyond the United States. Each study in this book represents a critical history of the Americanization of legal education, reexamining prevailing narratives of exportation, transplantation, and imperialism. Collectively, these studies challenge the conventional wisdom that America...
An invaluable and fascinating resource, this carefully edited anthology presents recent writings by leading legal historians, many commissioned for this book, along with a wealth of related primary sources by John Adams, James Barr Ames, Thomas Jefferson, Christopher C. Langdell, Karl N. Llewellyn, Roscoe Pound, Tapping Reeve, Theodore Roosevelt, Joseph Story, John Henry Wigmore and other distinguished contributors to American law. It is divided into nine sections: Teaching Books and Methods in the Lecture Hall, Examinations and Evaluations, Skills Courses, Students, Faculty, Scholarship, Deans and Administration, Accreditation and Association, and Technology and the Future. Contributors to this volume include Morris Cohen, Daniel R. Coquillette, Michael Hoeflich, John H. Langbein, William P. LaPiana and Fred R. Shapiro. Steve Sheppard is the William Enfield Professor of Law, University of Arkansas School of Law.
Includes "Vol. I, 90 heliotypes, 33 views and 57 portraits from photographs. Vol. II, 50 heliotypes from photographs of views. James R. Osgood and Company, Boston produced the heliotypes. ..."--Hanson Collection catalog, p. 53.
Few Supreme Court decisions are as well known or loom as large in our nation’s history as Marbury v. Madison. The 1803 decision is widely viewed as having established the doctrine of judicial review, which permits the Court to overturn acts of Congress that violate the Constitution; moreover, such judicial decisions are final, not subject to further appeal. Robert Clinton contends that few decisions have been more misunderstood, or misused, in the debates over judicial review. He argues that the accepted view of Marbury is ahistorical and emerges from nearly a century of misinterpretation both by historians and by legal scholars.