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The Spirit Of American Law : An Anthology - George S. Grossman

The Spirit Of American Law

An Anthology

Paperback Published: 1st February 2000
ISBN: 9780813367828
Number Of Pages: 556

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Intended for the general public, the readings in this collection explore the roots of American law from pre-history to ancient Greece and Rome and the common law of England. America's legal development is traced from the drafting of the Constitution to the Rehnquist Court. Themes along the way include the "Golden Age" of the early nineteenth century, when American law took on its distinctive character, the impact of slavery and the Civil War, and the struggles of the Progressives to regulate the nation's industrialized economy between the post-Civil War era and the New Deal. A reading on the Nuremberg Trials introduces the theme of international human rights, while post-war readings trace the nation's legal confrontations over civil liberties, civil rights, the rights of women, the protection of the environment, and legal protections for those accused of crimes. Dramatic highlights include the Sacco-Vanzetti case, the internment of Japanese-Americans during the Second World War, the trial of the "Chicago Eight" during the Vietnam War, and the Watergate scandal. Leading personalities include Sirs Edward Coke and William Blackstone in England, Chief Justices John Marshall and Earl Warren, Justices Stephen J. Field, Oliver Wendell Holmes, Jr., Louis D. Brandeis, and Felix Frankfurter, and Judge Learned Hand. Readings on the future of American law explore the impact of alternative dispute resolution, science and technology, globalization, and space exploration, as well as trends in the legal profession and in legal philosophy.

List of Illustrationsp. xiii
Forewordp. xv
Prefacep. xvii
The Roots of American Law
The Origins of Law: Cherokee Law in the Eighteenth Centuryp. 3
A Better Kind of Hatchet: Law, Trade and Diplomacy in the Cherokee Nation During the Early Years of European Contactp. 7
Ancient Law: Greece and Romep. 14
A Short History of Western Legal Theoryp. 17
Medieval Europe: The Common Law of Englandp. 32
The Birth of the English Common Lawp. 35
The Rights of Englishmen: Sir Edward Cokep. 42
The Lion and the Throne: The Life and Times of Sir Edward Cokep. 46
The English Legal System: Sir William Blackstonep. 58
The Sovereignty of the Law: Selections from Blackstone's Commentaries on the Laws of Englandp. 61
The Growth of American Law
From Thirteen Colonies to United States: The United States Constitutionp. 71
Are We to Be a Nation?p. 74
Federalists versus Republicans: Chief Justice John Marshallp. 89
The Supreme Court Under Marshall and Taneyp. 92
The Golden Age: Transformation of State Lawsp. 102
Americanization of the Common Law: The Impact of Legal Change on Massachusetts Society 1760-1830p. 106
The Jacksonian Era: Decline of the Legal Professionp. 120
Law and Letters in American Culturep. 123
Slavery: The Fugitive Slave Lawp. 134
The Law of the Commonwealth and Chief Justice Shawp. 138
The Civil War: President Abraham Lincolnp. 156
The Fate of Liberty: Abraham Lincoln and Civil Libertiesp. 160
Reconstruction and Formalism: Justice Stephen J. Fieldp. 170
The American Judicial Traditionp. 174
The Life of the Law: Justice Oliver Wendell Holmes, Jr.p. 183
Main Currents in American Legal Thoughtp. 186
The Progressive Movement: Judge Learned Hand and President Theodore Rooseveltp. 197
Learned Hand: The Man and the Judgep. 201
Federal Regulation: Justice Louis D. Brandeisp. 210
Prophets of Regulationp. 214
War and Civil Liberties: The Case of Nicola Sacco and Bartolomeo Vanzettip. 237
The Sacco-Vanzetti Casep. 241
The 1920s and the New Deal: The Constitutional Revolution of 1937p. 258
"The Case of the Wanatchee Chambermaid," in John A. Garraty, ed., Quarrels That Have Shaped the Constitutionp. 262
War and Civil Liberties II: The Internment of Japanese Americansp. 275
Justice at Warp. 279
The Aftermath of War: War Crimesp. 296
The Nuremberg Trialp. 300
The Cold War: Un-American Activitiesp. 320
Unequal Justice: Lawyers and Social Change in Modern Americap. 324
The Civil Rights Revolution: The Second Brown Decisionp. 339
Simple Justice: The History of Brown v. Board of Education and Black America's Struggle for Equalityp. 343
The Warren Court: The Right to Counselp. 360
Gideon's Trumpetp. 365
The Vietnam War: The Trial of the "Chicago Eight"p. 375
The Great Conspiracy Trial: An Essay on Law, Liberty and the Constitutionp. 379
From Protests to Scandals: U.S. v. Nixonp. 400
The Wars of Watergate: The Last Crisis of Richard Nixonp. 404
The Expansion of Civil Rights: The Equal Rights Amendmentp. 413
Justice and Gender: Sex Discrimination and the Lawp. 416
Consumerism and Environmentalism: Toxic Wastep. 424
A Civil Actionp. 428
The Late Twentieth Century: The Rehnquist Courtp. 439
Turning Right: The Making of the Rehnquist Supreme Courtp. 443
American Law in The Twenty-First Century
The Legal Profession: Transformationsp. 459
"Culture Clash in the Quality of Life in the Law: Changes in the Economics, Diversification and Organization of Lawyering," from Case Western Reserve Law Reviewp. 461
Access to Law: Alternative Dispute Resolutionp. 471
Settling Disputes: Conflict Resolution in Business, Families, and the Legal Systemp. 473
Science and Technology: Grinding Gearsp. 485
Science at the Barp. 487
The World Community: Globalizationp. 497
"The Globalization of Law," from Indiana Journal of Global Legal Studiesp. 500
The Last Frontier: The Law of Outer Spacep. 512
"Human Activities in Outer Space: A Framework for Decision-Making," in Tanja L. Zwaan, ed., Space Law: Views of the Futurep. 514
Legal Philosophy: Postmodernismp. 522
Postmodern Legal Movements: Law and Jurisprudence at Century's Endp. 525
Bibliographyp. 535
Index of Casesp. 541
Indexp. 544
Table of Contents provided by Syndetics. All Rights Reserved.

ISBN: 9780813367828
ISBN-10: 0813367824
Audience: General
Format: Paperback
Language: English
Number Of Pages: 556
Published: 1st February 2000
Country of Publication: US
Dimensions (cm): 22.63 x 14.94  x 2.72
Weight (kg): 0.72
Edition Number: 1

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