John McKinley and the Antebellum Supreme Court

Circuit Riding in the Old Southwest

Author: Steven P. Brown

Publisher: University of Alabama Press

ISBN: 0817317716

Category: Biography & Autobiography

Page: 313

View: 2949

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"Appendix: Justice John McKinley's Supreme Court Opinions and Dissents."

The Routledge History of Nineteenth-Century America

Author: Jonathan Daniel Wells

Publisher: Routledge

ISBN: 131766549X

Category: History

Page: 374

View: 9391

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The Routledge History of Nineteenth-Century America provides an important overview of the main themes within the study of the long nineteenth century. The book explores major currents of research over the past few decades to give an up-to-date synthesis of nineteenth-century history. It shows how the century defined much of our modern world, focusing on themes including: immigration, slavery and racism, women's rights, literature and culture, and urbanization. This collection reflects the state of the field and will be essential reading for all those interested in the development of the modern United States.

The World of Antebellum America: A Daily Life Encyclopedia [2 volumes]

Author: Alexandra Kindell

Publisher: ABC-CLIO

ISBN: 1440837112

Category: History

Page: 1100

View: 3234

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This set provides insight into the lives of ordinary Americans free and enslaved, in farms and cities, in the North and the South, who lived during the years of 1815 to 1860. • Provides intimate details about the personal lives of Americans during the Antebellum Era • Demonstrates the diversity of the American experience in the years before the Civil War • Makes clear how hard Americans worked to build their lives while still participating in the democratic process • Explores how Americans dealt with the daily demands of life as national and regional issues created insecurity and instability • Includes 40 primary source documents with detailed introductions to realize Antebellum America

Harvard Law Review

Volume 126, Number 7 - May 2013

Author: Harvard Law Review

Publisher: Quid Pro Books

ISBN: 1610278801

Category: Law

Page: 401

View: 5203

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The Harvard Law Review is offered in a digital edition, featuring active Contents, linked notes, and proper ebook formatting. The contents of Issue 7 include a Symposium on privacy and several contributions from leading legal scholars: Article, "Agency Self-Insulation Under Presidential Review," by Jennifer Nou Commentary, "The Office of Information and Regulatory Affairs: Myths and Realities," by Cass R. Sunstein SYMPOSIUM: PRIVACY AND TECHNOLOGY "Introduction: Privacy Self-Management and the Consent Dilemma," by Daniel J. Solove "What Privacy Is For," by Julie E. Cohen "The Dangers of Surveillance," by Neil M. Richards "The EU-U.S. Privacy Collision: A Turn to Institutions and Procedures," by Paul M. Schwartz "Toward a Positive Theory of Privacy Law," by Lior Jacob Strahilevitz Book Review, "Does the Past Matter? On the Origins of Human Rights," by Philip Alston A student Note explores "Enabling Television Competition in a Converged Market." In addition, extensive student analyses of Recent Cases discuss such subjects as First Amendment implications of falsely wearing military uniforms, First Amendment implications of public employment job duties, justiciability of claims that Scientologists violated trafficking laws, habeas corpus law, and ineffective assistance of counsel claims. Finally, the issue includes several summaries of Recent Publications. The Harvard Law Review is a student-run organization whose primary purpose is to publish a journal of legal scholarship. The Review comes out monthly from November through June and has roughly 2000 pages per volume. The organization is formally independent of the Harvard Law School. Student editors make all editorial and organizational decisions. This issue of the Review is May 2013, the 7th issue of academic year 2012-2013 (Volume 126).

Earline's Pink Party

The Social Rituals and Domestic Relics of a Southern Woman

Author: Elizabeth Findley Shores

Publisher: University of Alabama Press

ISBN: 0817319344

Category: Biography & Autobiography

Page: 343

View: 4092

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In Earline’s Pink Party Elizabeth Findley Shores sifts through her family’s scattered artifacts to understand her grandmother’s life in relation to the troubled racial history of Tuscaloosa, Alabama. A compelling, genre-bending page-turner, Earline’s Pink Party: The Social Rituals and Domestic Relics of a Southern Woman analyzes the life of a small-city matron in the Deep South. A combination of biography, material culture analysis, social history, and memoir, this volume offers a new way of thinking about white racism through Shores’s conclusion that Earline’s earliest childhood experiences determined her worldview. Set against a fully drawn background of geography and culture and studded with detailed investigations of social rituals (such as women’s parties) and objects (such as books, handwritten recipes, and fabric scraps), Earline’s Pink Party tells the story of an ordinary woman, the grandmother Shores never knew. Looking for more than the details and drama of bourgeois Southern life, however, the author digs into generations of family history to understand how Earline viewed the racial terror that surrounded her during the Jim Crow years in this fairly typical southern town. Shores seeks to narrow a gap in the scholarship of the American South, which has tended to marginalize and stereotype well-to-do white women who lived after Emancipation. Exploring her grandmother’s home and its contents within the context of Tuscaloosa society and historical events, Shores evaluates the belief that women like Earline consciously engaged in performative rituals in order to sustain the “fantastical” view of the white nobility and the contented black underclass. With its engaging narrative, illustrations, and structure, this fascinating book should interest scholars of memory, class identity, and regional history, as well as sophisticated lay readers who enjoy Southern history, foodways, genealogy, and material culture.

Trumping Religion

The New Christian Right, the Free Speech Clause, and the Courts

Author: Steven P. Brown

Publisher: University of Alabama Press

ISBN: 0817311785

Category: Law

Page: 187

View: 7299

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This book is the first scholarly treatment of the strategies employed by the New Christian Right In litigating cases regarding religion using the Free Speech Clause of the United States Constitution. Trumping Religion provides a detailed analysis of the five major public-interest law firms that have litigated religion cases in the federal courts between 1980 and 2000. Steven Brown argues that these organizations have not only stepped up their efforts to participate in religion cases but also fundamentally changed the way religious expression is viewed by the law, appealing not to the free-exercise-of-religion or establishment clauses of the Constitution but to the Free Speech Clause of the First Amendment. Allied with several highly vocal, evangelical ministries, such as those of Jerry Falwell and Pat Robertson, the legal organizations that litigate for the New Christian Right argue that religious expression is a form of protected speech and thereby gain a greater latitude of interpretation in the courts. This strategy has been criticized by both liberals and conservatives as demeaning to the concepts of belief and worship, yet it has been successful. The long-term agenda of the NCR as illuminated by this study is to shape church-state jurispridence in a way that permits free course for the Christian gospel. This result, they believe, would retard further secularization of the American way of life. Brown presents his research and conclusions from a balanced viewpoint, In filling a distinct void in the literature, this book will be of considerable interest to political scientists, legal scholars, law schools and seminaries, and anyone concerned with the intersection of religion and judicial politics. - Publisher.

Slaves for Hire

Renting Enslaved Laborers in Antebellum Virginia

Author: John J. Zaborney

Publisher: LSU Press

ISBN: 0807145149

Category: Social Science

Page: 232

View: 8709

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In Slaves for Hire, John J. Zaborney overturns long-standing beliefs about slave labor in the antebellum South. Previously, scholars viewed slave hiring as an aberration -- a modified form of slavery, involving primarily urban male slaves, that worked to the laborer's advantage and weakened slavery's institutional integrity. In the first in-depth examination of slave hiring in Virginia, Zaborney suggests that this endemic practice bolstered the institution of slavery in the decades leading up to the Civil War, all but assuring Virginia's secession from the Union to protect slavery. Moving beyond previous analyses, Zaborney examines slave hiring in rural and agricultural settings, along with the renting of women, children, and elderly slaves. His research reveals that, like non-hired-out slaves, these other workers' experiences varied in accordance with sex, location, occupation, economic climate, and crop prices, as well as owners' and renters' convictions and financial circumstances. Hired slaves in Virginia faced a full range of oppression from nearly full autonomy to harsh exploitation. Whites of all economic, occupational, gender, ethnic, and age groups, including slave owners and non-slave-owners, rented slaves regularly. Additionally, male owners and hirers often transported slaves to those who worked them, and acted as agents for white women who wished to hire out their slaves. Ultimately, widespread white mastery of hired slaves allowed owners with superfluous slaves to offer them for rent locally rather than selling them to the Lower South, establishing the practice as an integral feature of Virginia slavery.

Deciding to Leave

The Politics of Retirement from the United States Supreme Court

Author: Artemus Ward

Publisher: SUNY Press

ISBN: 9780791487228

Category: History

Page: 358

View: 9962

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The first sustained examination of the process by which justices elect to leave the United States Supreme Court.

The Cambridge History of Law in America

Author: Michael Grossberg,Christopher Tomlins

Publisher: Cambridge University Press

ISBN: 0521803055

Category: History

Page: 739

View: 458

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This volume covers American law from the earliest settlement and colonization of North America.

From Hometown to Battlefield in the Civil War Era

Middle Class Life in Midwest America

Author: Timothy R. Mahoney

Publisher: Cambridge University Press

ISBN: 1316720780

Category: History

Page: N.A

View: 842

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Mahoney examines how members of the middle class from small cities across the great West were transformed by boom and bust, years of recession, and civil war. He argues that in their encounters with national economic forces, the national crisis in politics, and the Civil War, middle class people were cut adrift from the social identity that they had established in the 'face to face' communities of the 'hometowns' of the urban West. By grounding them in their hometown ethos, and understanding how the Panic of 1857 and the subsequent recession undermined their lives, the author provides important insights into how they encountered, responded to, and were changed by their experiences in the Civil War. Providing a rare view of social history through the framework of the Civil War, the author documents, in both breadth and depth, the dramatic change and development of modern life in nineteenth-century America.

Dispossessing the Wilderness

Indian Removal and the Making of the National Parks

Author: Mark David Spence

Publisher: Oxford University Press, USA

ISBN: 9780195142433

Category: History

Page: 190

View: 4972

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National parks like Yellowstone, Yosemite, and Glacier preserve some of this country's most cherished wilderness landscapes. While visions of pristine, uninhabited nature led to the creation of these parks, they also inspired policies of Indian removal. By contrasting the native histories of these places with the links between Indian policy developments and preservationist efforts, this work examines the complex origins of the national parks and the troubling consequences of the American wilderness ideal. The first study to place national park history within the context of the early reservation era, it details the ways that national parks developed into one of the most important arenas of contention between native peoples and non-Indians in the twentieth century.

Defying Disfranchisement

Black Voting Rights Activism in the Jim Crow South, 1890-1908

Author: R. Volney Riser

Publisher: LSU Press

ISBN: 9780807137413

Category: History

Page: 326

View: 5801

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In the late nineteenth and early twentieth century, Jim Crow strengthened rapidly and several southern states adopted new constitutions designed primarily to strip African American men of their right to vote. Since the Fifteenth Amendment to the United States Constitution prohibited eliminating voters based on race, the South concocted property requirements, literacy tests, poll taxes, white primaries, and white control of the voting apparatus to eliminate the region's black vote almost entirely. Desperate to save their ballots, black political leaders, attorneys, preachers, and activists fought back in the courts, sustaining that resistance until the nascent NAACP took over the legal battle. In Defying Disfranchisement, R. Volney Riser documents a number of lawsuits challenging restrictive voting requirements. Though the U.S. Supreme Court received twelve of these cases, that body coldly ignored the systematic disfranchisement of black southerners. Nevertheless, as Riser shows, the attempts themselves were stunning and demonstrate that African Americans sheltered and nurtured a hope that led to wholesale changes in the American legal and political landscape. Riser chronicles numerous significant antidisfranchisement cases, from South Carolina's Mills v. Green (1985), the first such case to reach the Supreme Court, and Williams v. Mississippi, (1898), the well-known but little-understood challenge to Mississippi's constitution, to the underappreciated landmark Giles v. Harris -- described as the "Second Dred Scott" by contemporaries -- in which the Court upheld Alabama's 1901 state constitution. In between, he examines a host of voting rights campaigns waged throughout the country and legal challenges initiated across the South by both black and white southerners. Often disputatious, frequently disorganized, and woefully underfunded, the antidisfranchisement activists of 1890--1908 lost, and badly; in some cases, their repeated and infuriating defeats not only left the status quo in place but actually made things worse. Regardless, they brought attention to the problem and identified the legal questions and procedural difficulties facing African Americans. Rather than present southern blacks as victims during the roughest era of discrimination, in Defying Disfranchisement Riser demonstrates that they fought against Jim Crow harder and earlier than traditional histories allow, and they drew on their own talents and resources to do so. With slim ranks and in the face of many defeats, this daring and bold cadre comprised a true vanguard, blazing trails that subsequent generations of civil rights activists followed and improved. By making a fight at all, Riser asserts, these organizers staged a necessary and instructive prelude to the civil rights movement.

The Future of Reputation

Gossip, Rumor, and Privacy on the Internet

Author: Daniel J. Solove

Publisher: Yale University Press

ISBN: 9780300138191

Category: Law

Page: 247

View: 802

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Teeming with chatrooms, online discussion groups, and blogs, the Internet offers previously unimagined opportunities for personal expression and communication. But there's a dark side to the story. A trail of information fragments about us is forever preserved on the Internet, instantly available in a Google search. A permanent chronicle of our private lives, often of dubious reliability and sometimes totally false, will follow us wherever we go, accessible to friends, strangers, dates, employers, neighbours, relatives, and anyone else who cares to look. This engrossing book, brimming with amazing examples of gossip, slander, and rumour on the Internet, explores the profound implications of the online collision between free speech and privacy. Daniel Solove, an authority on information privacy law, offers a fascinating account of how the Internet is transforming gossip, the way we shame others, and our ability to protect our own reputations. Focusing on blogs, Internet communities, cybermobs, and other current trends, he shows that, ironically, the unconstrained flow of information on the Internet may impede opportunities for self-development and freedom. Long-standing notions of privacy need review, the author contends: unless we establish a balance between privacy and free speech, we may discover that the freedom of the Internet makes us less free.

Imagining Legality

Where Law Meets Popular Culture

Author: Austin Sarat

Publisher: University of Alabama Press

ISBN: 0817356789

Category: Law

Page: 234

View: 6624

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Imagining Legality: Where Law Meets Popular Culture is collection of essays on the relationship between law and popular culture that posits, in addition to the concepts of law in the books and law in action, a third concept of law in the image—that is, of law as it is perceived by the public through the lens of public media.

Abolition

A History of Slavery and Antislavery

Author: Seymour Drescher

Publisher: Cambridge University Press

ISBN: 1139482963

Category: History

Page: N.A

View: 5732

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In one form or another, slavery has existed throughout the world for millennia. It helped to change the world, and the world transformed the institution. In the 1450s, when Europeans from the small corner of the globe least enmeshed in the institution first interacted with peoples of other continents, they created, in the Americas, the most dynamic, productive, and exploitative system of coerced labor in human history. Three centuries later these same intercontinental actions produced a movement that successfully challenged the institution at the peak of its dynamism. Within another century a new surge of European expansion constructed Old World empires under the banner of antislavery. However, twentieth-century Europe itself was inundated by a new system of slavery, larger and more deadly than its earlier system of New World slavery. This book examines these dramatic expansions and contractions of the institution of slavery and the impact of violence, economics, and civil society in the ebb and flow of slavery and antislavery during the last five centuries.

The Negro

Author: W. E. B. Du Bois

Publisher: Cosimo, Inc.

ISBN: 1616403675

Category: Literary Criticism

Page: 154

View: 7665

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This is the classic history of the African peoples in Africa and the New World, a repudiation of the absurd belief, widely held in the post-Civil War period, that Africans had no civilization but the one foisted upon them by their slave-trading captors.Writing for a popular audience in 1915, DuBois, one of America's greatest writers, lays out in easy-to-read, nonacademic prose the striking and illustrious story of the complex history and varied cultures of Africa. He explores everything from the art and industry of the peoples of the continent to the dramatic impact the slave trade had both in Africa and on her descendants in the Western Hemisphere.Boldly proud and beautifully written, this essential work will delight readers of American and African history as well as students of great American literature.American writer, civil rights activist, and scholar WILLIAM EDWARD BURGHARDT DU BOIS (1868-1963) was the first black man to receive a PhD from Harvard University. A co-founder of the NAACP, he wrote a number of important books, including Black Folk, Then and Now (1899) and The Negro (1915).

Life Gleanings

Author: T. J. Macon

Publisher: Library of Alexandria

ISBN: 1465514635

Category: Richmond (Va.)

Page: 101

View: 8531

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Reassessing the Presidency

The Rise of the Executive State and the Decline of Freedom

Author: David Gordon,Thomas J. DiLorenzo,Thomas E. Woods, Jr,Yuri N. Maltsev,Ralph Raico,Paul Gottfried,Hans-Hermann Hoppe

Publisher: Ludwig von Mises Institute

ISBN: 1610166140

Category:

Page: 791

View: 3291

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American Despots

Amazing low sale price in defense of authentic freedom as versus the presidency that betrayed it!

Everyone seems to agree that brutal dictators and despotic rulers deserve scorn and worse. But why have historians been so willing to overlook the despotic actions of the United States' own presidents? You can scour libraries from one end to the other and encounter precious few criticisms of America's worst despots.

The founders imagined that the president would be a collegial leader with precious little power who constantly faced the threat of impeachment. Today, however, the president orders thousands of young men and women to danger and death in foreign lands, rubber stamps regulations that throw enterprises into upheaval, controls the composition of the powerful Federal Reserve, and manages the priorities millions of swarms of bureaucrats that vex the citizenry in every way.

It is not too much of a stretch to say that the president embodies the Leviathan state as we know it. Or, more precisely, it is not an individual president so much as the very institution of the presidency that has been the major impediment of liberty. The presidency as the founders imagined it has been displaced by democratically ratified serial despotism. And, for that reason, it must be stopped.

Every American president seems to strive to make the historians' A-list by doing big and dramatic things—wars, occupations, massive programs, tyrannies large and small—in hopes of being considered among the "greats" such as Lincoln, Wilson, and FDR. They always imagine themselves as honored by future generations: the worse their crimes, the more the accolades.

Well, the free ride ends with Reassessing the Presidency: The Rise of the Executive State and the Decline of Freedom, edited by John Denson.

This remarkable volume (825 pages including index and bibliography) is the first full-scale revision of the official history of the U.S. executive state. It traces the progression of power exercised by American presidents from the early American Republic up to the eventual reality of the power-hungry Caesars which later appear as president in American history. Contributors examine the usual judgments of the historical profession to show the ugly side of supposed presidential greatness.

The mission inherent in this undertaking is to determine how the presidency degenerated into the office of American Caesar. Did the character of the man who held the office corrupt it, or did the power of the office, as it evolved, corrupt the man? Or was it a combination of the two? Was there too much latent power in the original creation of the office as the Anti-Federalists claimed? Or was the power externally created and added to the position by corrupt or misguided men?

There's never been a better guide to everything awful about American presidents. No, you won't get the civics text approach of see no evil. Essay after essay details depredations that will shock you, and wonder how American liberty could have ever survived in light of the rule of these people.

Contributors include George Bittlingmayer, John V. Denson, Marshall L. DeRosa, Thomas J. DiLorenzo, Lowell Gallaway, Richard M. Gamble, David Gordon, Paul Gottfried, Randall G. Holcombe, Hans-Hermann Hoppe, Jeffrey Rogers Hummel, Michael Levin, Yuri N. Maltsev, William Marina, Ralph Raico, Joseph Salerno, Barry Simpson, Joseph Stromberg, H. Arthur Scott Trask, Richard Vedder, and Clyde Wilson.