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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.
Contents: State codes; Municipal & County Codes; Rules of Court; Reports of Cases; Official Court Records in Print; Accounts of Trials; Indexes, Digests, & Encyclopedias; Form Books; Law Treatises Printed Before 1950; Criminal Law Books; 19th-Century Law Journals; 20th-Century Legal Periodicals; Legal Education; Academic Law Libraries; William & Mary Law Library; Public Law Librarians; The Norfolk Law Library; Private Law Libraries Before 1776; Private Law Libraries After 1776; Public Printers; J.W. Randolph; The Michie Company; General Virginia Bibliography; Index of Authors & Editors; & Subject Index.
Court day in early Virginia transformed crossroads towns into forums for citizens of all social classes to transact a variety of business, from legal cases heard before the county magistrates to horse races, ballgames, and the sale and barter of produce, clothing, food, and drink. The Courthouses of Early Virginia is the first comprehensive history of the public buildings that formed the nucleus of this space and the important private buildings that grew up around them.
"Emancipation is an important and impressive work; one cannot read it without being inspired by the legal acumen, creativity, and resiliency these pioneer lawyers displayed. . . . It should be read by everyone interested in understanding the road African-Americans have traveled and the challenges that lie ahead."—From the Foreword, by Justice Thurgood Marshall
Established in 1819 by Thomas Jefferson, the University of Virginia was known as "The University" throughout the South for most of the nineteenth century, and today it stands as one of the premier universities in the world. This volume provides an in-depth look at the founding of the University and, in the process, develops new and important insights into Jefferson’s contributions as well as into the impact of the University on the history of higher education. The contributors depict the students who were entering higher education in the early republic--their aspirations, their juvenile and often violent confrontations with authority, and their relationships with enslaved workers at the University. Contributors then turn to the building of the University, including its unique architectural plan as an "Academical Village" and the often-hidden role of African Americans in its construction and day-to-day life. The next set of essays explore various aspects of Jefferson’s intellectual vision for the University, including his innovative scheme for medical education, his dogmatic view of the necessity of a "republican" legal education, and the detailed plans for the library by Jefferson, one of America’s preeminent bibliophiles. The book concludes by considering the changing nature of education in the early nineteenth century, in particular the new focus on research and discovery, in which Jefferson, again, played an important role. Providing a fascinating and important look at the development of one of America’s oldest and most preeminent educational institutions, this book provides yet another perspective from which to appreciate the extraordinary contributions of Jefferson in the development of the new nation.
Virginia men of law constituted one of the first learned professions in colonial America, and Virginia legal culture had an important and lasting impact on American political institutions and jurisprudence. Exploring the book collections of these Virginians therefore offers insight into the history of the book and the intellectual history of early America. It also addresses essential questions of how English culture migrated to the American colonies and was transformed into a distinctive American culture. Focusing on the law books that colonial Virginians acquired, how they used them, and how they eventually produced a native-grown legal literature, this collection explores the law and intellectual culture of the Commonwealth and reveals the origins of a distinctively Virginian legal literature. The contributors argue that understanding the development of early Virginia legal history—as shown through these book collections—not only illuminates important aspects of Virginia’s history and culture; it also underlies a thorough understanding of colonial and revolutionary American history and culture.
Examining legal ethics within the framework of modern practice, this book identifies two important ethical issues that all lawyers confront: the difference between the role of lawyers and the role of judges in pursuing justice, and the conflicting responsibilities lawyers have to their clients and to the legal system more broadly. In addressing these issues, Legal Ethics provides an explanation of the duties and dilemmas common to practicing lawyers in modern legal systems throughout the world. The authors focus their analysis on lawyers in independent practice in modern capitalist constitutional regimes, including the United States, Japan, Europe, and Latin America, as well as the emerging legal systems in China and the former Soviet bloc, to develop connections between the legal profession and political systems based on the rule of law. They find that although ethical tension is inherent in the legal practice of all these societies, the legal profession is essential to stable political institutions.
Historians have long viewed Louisiana as an anomaly in the American judicial system-an eccentric appendage at the mouth of the Mississippi River. The diverse Creole culture and civilian heritage of the state's legal system have led many scholars to conclude that it is an anachronism in American law unworthy of serious attention. Others embrace this tradition and revel in the minutiae of the Pelican State's unique civil law legacy. In From Chaos to Continuity, Mark F. Fernandez challenges both perspectives. Using the innovative methods of the New Louisiana Legal History, he offers the first comprehensive analysis of the role of the courts in the development of Louisiana's legal system and convincingly argues that the state is actually a representative model of American law and justice. Tracing the rise of Louisiana's system from its earliest colonial origins to its closure during Federal occupation in 1862, Fernandez describes the introduction of common law after American takeover of the colony; the chaotic combination of French, Spanish, and Anglo legal traditions; the evolution of that jurisdiction; the role of the courts-especially the state supreme court-in maintaining the mixture; and the judge's proper function in administering justice. According to Fernandez, the challenge of integrating two very different systems of law was not unique to Louisiana. Indeed, most antebellum southern states had legal systems that incorporated important traditional aspects of their colonial legal orders to varying degrees. From Chaos to Continuity liberates Louisiana's legal history from the quirky restraints of the past and allows scholars and students alike to see the state as an integral part of American legal history.
In 1958 Mildred Jeter and Richard Loving, two young lovers from Caroline County, Virginia, got married. Soon they were hauled out of their bedroom in the middle of the night and taken to jail. Their crime? Loving was white, Jeter was not, and in Virginia—as in twenty-three other states then—interracial marriage was illegal. Their experience reflected that of countless couples across America since colonial times. And in challenging the laws against their marriage, the Lovings closed the book on that very long chapter in the nation’s history. Race, Sex, and the Freedom to Marry tells the story of this couple and the case that forever changed the law of race and marriage in America. The story of the Lovings and the case they took to the Supreme Court involved a community, an extended family, and in particular five main characters—the couple, two young attorneys, and a crusty local judge who twice presided over their case—as well as such key dimensions of political and cultural life as race, gender, religion, law, identity, and family. In Race, Sex, and the Freedom to Marry, Peter Wallenstein brings these characters and their legal travails to life, and situates them within the wider context—even at the center—of American history. Along the way, he untangles the arbitrary distinctions that long sorted out Americans by racial identity—distinctions that changed over time, varied across space, and could extend the reach of criminal law into the most remote community. In light of the related legal arguments and historical development, moreover, Wallenstein compares interracial and same-sex marriage. A fair amount is known about the saga of the Lovings and the historic court decision that permitted them to be married and remain free. And some of what is known, Wallenstein tells us, is actually true. A detailed, in-depth account of the case, as compelling for its legal and historical insights as for its human drama, this book at long last clarifies the events and the personalities that reconfigured race, marriage, and law in America.