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Explore the controversial legal history of the formation of the United States Prestatehood Legal Materials is your one-stop guide to the history and development of law in the U.S. and the change from territory to statehood. Unprecedented in its coverage of territorial government, this book identifies a wide range of available resources from each state to reveal the underlying legal principles that helped form the United States. In this unique publication, a state expert compiles each chapter using his or her own style, culminating in a diverse sourcebook that is interesting as well as informative. In Prestatehood Legal Materials, you will find bibliographies, references, and discussion on a ...
A reconsideration of the writ of habeas corpus casts new light on a range of current issues Habeas corpus, the storied Great Writ of Liberty, is a judicial order that requires government officials to produce a prisoner in court, persuade an independent judge of the correctness of their claimed factual and legal justifications for the individual’s imprisonment, or else release the captive. Frequently the officials resist being called to account. Much of the history of the rule of law, including the history being made today, has emerged from the resulting clashes. This book, heavily based on primary sources from the colonial and early national periods and significant original research in the...
Average Americans Were the True Framers of the Constitution Woody Holton upends what we think we know of the Constitution's origins by telling the history of the average Americans who challenged the framers of the Constitution and forced on them the revisions that produced the document we now venerate. The framers who gathered in Philadelphia in 1787 were determined to reverse America's post–Revolutionary War slide into democracy. They believed too many middling Americans exercised too much influence over state and national policies. That the framers were only partially successful in curtailing citizen rights is due to the reaction, sometimes violent, of unruly average Americans. If not to...
In Ireland, few figures have generated more hatred than Oliver Cromwell, whose seventeenth-century conquest, massacres, and dispossessions would endure in the social memory for ages to come. The Devil from over the Sea explores the many ways in which Cromwell was remembered and sometimes conveniently 'forgotten' in historical, religious, political, and literary texts, according to the interests of different communities across time. Cromwell's powerful afterlife in Ireland, however, cannot be understood without also investigating his presence in folklore and the landscape, in ruins and curses. Nor can he be separated from the idea of the 'Cromwellian': a term which came to elicit an entire ch...
Philip Hamburger’s Law and Judicial Duty traces the early history of what is today called "judicial review." The book sheds new light on a host of misunderstood problems, including intent, the status of foreign and international law, the cases and controversies requirement, and the authority of judicial precedent. The book is essential reading for anyone concerned about the proper role of the judiciary.
In this highly acclaimed book, Charles Royster explores the mental processes and emotional crises that Americans faced in their first national war. He ranges imaginatively outside the traditional techniques of analytical historical exposition to build his portrait of how individuals and a populace at large faced the Revolution and its implications. The book was originally published by UNC Press in 1980.
Over the Threshold is the first in-depth work to explore the topic of intimate violence in the American colonies and the early Republic. The essays examine domestic violence in both urban and frontier environments, between husbands and wives, parents and children, and masters and slaves. This compelling collection puts commonly held notions about intimate violence under strict historical scrutiny, often producing surprising results.