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Homicide Justified
This comparative study looks at the laws concerning the murder of slaves by their masters and at how these laws were implemented. Andrew T. Fede cites a wide range of cases--across time, place, and circumstance--to illuminate legal, judicial, and other complexities surrounding this regrettably common occurrence. These laws had evolved to limit in different ways the masters' rights to severely punish and even kill their slaves while protecting valuable enslaved people, understood as "property," from wanton destruction by hirers, overseers, and poor whites who did not own slaves. To explore the conflicts of masters' rights with state and colonial laws, Fede shows how slave homicide law evolved...
People Without Rights
First published in September 1992, the book traces the nature and development of the fundamental legal relationships among slaves, masters, and third parties. It shows how the colonial and antebellum Southern judges and legislators accommodated slaverye(tm)s social relationships into the common law, and how slave law evolved in different states over time in response to social political, economic, and intellectual developments. The book states that the law of slavery in the US South treated slaves both as people and property. It reconciles this apparent contradiction by demonstrating that slaves were defined in the law as items of human property without any legal rights. When the lawmakers re...
Roadblocks to Freedom
This new book by Andrew Fede considers the law of freedom suits and manumission from the point-of-view of legal procedure, evidence rules, damage awards, and trial practicein addition to the abstract principles stated in the appellate decisions. The author shows that procedural and evidentiary roadblocks made it increasingly impossible for many slaves, or free blacks who were wrongfully held as slaves, to litigate their freedom. Even some of the most celebrated cases in which the courts freed slaves must be read as tempered by the legal realities the actors faced or the courts actually recognized in the process. Slave owners in almost all slave societies had the right to manumit or free all ...
Heroes, Rascals, and the Law
James L. Robertson focuses on folk encountering their constitutions and laws, in their courthouses and country stores, and in their daily lives, animating otherwise dry and inaccessible parchments. Robertson begins at statehood and continues through war and depression, well into the 1940s. He tells of slaves petitioning for freedom, populist sentiments fueling abnegation of the rule of law, the state’s many schemes for enticing Yankee capital to lift a people from poverty, and its sometimes tragic, always colorful romance with whiskey after the demise of national Prohibition. Each story is sprinkled with fascinating but heretofore unearthed facts and circumstances. Robertson delves into th...
Sleeping with the Ancestors
In this enlightening personal account, one man tells the story of his groundbreaking project to sleep in former slave dwellings—revealing the fascinating history behind these sites and shedding light on larger issues of race in America. Since founding the Slave Dwelling Project project in 2010, historic preservationist Joseph McGill Jr. has been touring the country, spending the night in former slave dwellings—throughout the South, but also the North and the West, where people are often surprised to learn that such structures exist. Sleeping with the Ancestors focuses on all of the key sites McGill has visited in his ongoing project and digs deeper into the actual history of each location, using McGill’s own experience and conversations with the community to enhance those original stories. Together, McGill and coauthor Herb Frazier give readers an important emersion into the history of slavery, and especially the obscured and ignored aspects of that history. Contains a new afterword and reading group guide.
The Legal Research and Writing Handbook
With clear explanations, examples, and visual aids, The Legal Research and Writing Handbook, Eighth Edition by Andrea Yelin and Hope Viner Samborn offers complete coverage of a complex subject in a student-friendly, accessible text. In this thoroughly updated new edition, the authors continue to keep pace with legal research, citation, and technology in today’s law firms. This practical text focuses on efficient research processes and techniques for both traditional and electronic sources, along with step-by-step instruction through each stage of the legal writing process, from prewriting strategies, to revising. The text is enhanced with examples and visual aids, expert writing and practi...
The Role of Circuit Courts in the Formation of United States Law in the Early Republic
While scholars have rightly focused on the importance of the landmark opinions of the United States Supreme Court and its Chief Justice, John Marshall, in the rise in influence of the Court in the Early Republic, the crucial role of the circuit courts in the development of a uniform system of federal law across the nation has largely been ignored. This book highlights the contribution of four Associate Justices (Washington, Livingston, Story and Thompson) as presiding judges of their respective circuit courts during the Marshall era, in order to establish that in those early years federal law grew from the 'inferior courts' upwards rather than down from the Supreme Court. It does so after a ...
Archy Lee's Struggle for Freedom
In San Francisco, CA, in 1858, a young African American man was freed from the claims of a white man who sought to return him to slavery in Mississippi. This was one year after the Supreme Court’s notorious Dred Scott decision and during the California Gold Rush, which saw the population of the state rise from 7,000 to more than 60,000 in a few short years. Archy Lee was the name of the man who, with the aid of anti-slavery lawyers and determined opponents of human bondage, had just won his freedom from the claims of Charles Stovall. With the aid of pro-slavery lawyers and equally determined supporters, Stovall had sought to capture him and carry him back to a far-away slave plantation. Ye...
The Yale Biographical Dictionary of American Law
This book is the first to gather in a single volume concise biographies of the most eminent men and women in the history of American law. Encompassing a wide range of individuals who have devised, replenished, expounded, and explained law, The Yale Biographical Dictionary of American Law presents succinct and lively entries devoted to more than 700 subjects selected for their significant and lasting influence on American law. Casting a wide net, editor Roger K. Newman includes individuals from around the country, from colonial times to the present, encompassing the spectrum of ideologies from left-wing to right, and including a diversity of racial, ethnic, and religious groups. Entries are d...
Conversations with RBG
In her own words, Ruth Bader Ginsburg offers an intimate look at her life and career, through an extraordinary series of conversations with the head of the National Constitution Center. This remarkable book presents a unique portrait of Justice Ruth Bader Ginsburg, drawing on more than twenty years of conversations with Jeffrey Rosen, starting in the 1990s and continuing through the Trump era. Rosen, a veteran legal journalist, scholar, and president of the National Constitution Center, shares with us the justice’s observations on a variety of topics, and her intellect, compassion, sense of humor, and humanity shine through. The affection they have for each other as friends is apparent in ...
