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St. George Tucker's Law Reports and Selected Papers, 1782-1825
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.
“At a time when policing in America is at a crossroads, Barry Friedman provides much-needed insight, analysis, and direction in his thoughtful new book. Unwarranted illuminates many of the often ignored issues surrounding how we police in America and highlights why reform is so urgently needed. This revealing book comes at a critically important time and has much to offer all who care about fair treatment and public safety.” —Bryan Stevenson, founder and Executive Director of the Equal Justice Initiative and author of Just Mercy: A Story of Justice and Redemption In June 2013, documents leaked by Edward Snowden sparked widespread debate about secret government surveillance of Americans. Just over a year later, the shooting of Michael Brown, a black teenager in Ferguson, Missouri, set off protests and triggered concern about militarization of law enforcement and discriminatory policing. In Unwarranted, Barry Friedman argues that these two seemingly disparate events are connected—and that the problem is not so much the policing agencies as it is the rest of us. We allow these agencies to operate in secret and to decide how to police us, rather than calling the shots ourselves. And the courts, which we depended upon to supervise policing, have let us down entirely. Unwarranted tells the stories of ordinary people whose lives were torn apart by policing—by the methods of cops on the beat and those of the FBI and NSA. Driven by technology, policing has changed dramatically. Once, cops sought out bad guys; today, increasingly militarized forces conduct wide surveillance of all of us. Friedman captures the eerie new environment in which CCTV, location tracking, and predictive policing have made suspects of us all, while proliferating SWAT teams and increased use of force have put everyone’s property and lives at risk. Policing falls particularly heavily on minority communities and the poor, but as Unwarranted makes clear, the effects of policing are much broader still. Policing is everyone’s problem. Police play an indispensable role in our society. But our failure to supervise them has left us all in peril. Unwarranted is a critical, timely intervention into debates about policing, a call to take responsibility for governing those who govern us.
This is the only modern comprehensive constitutional history of any state, and as a history of Virgina, it is one of the oldest and most complex. Virginia's state legislature is the Virginia General Assembly, which was established in July 1619, making it the oldest current lawmaking body in North America. Brent Tarter's Constitutional History of Virginia covers over three hundred years of Virginia's legislative policy, from colony to statehood, revealing its political and legal backstory. From the very beginning in 1606, when James I chartered the Virginia Company to establish a commercial outpost on the Atlantic coast of North America, through the first two decades of the twenty-first century, the fundamental constitutions of the colony and state of Virginia have evolved and changed as the demographic, economic, political, and cultural characteristics of Virginia changed. Elements of the colonial constitution influenced the character of the state's first constitution in 1776, and changing relationships between the people and their government, as well as relationships between the state and federal governments, have influenced how the state's constitution has evolved. Tarter explores that evolution and taps into its relevance to the people who have lived and still live in Virginia.
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 reading of over 1800 mainly circuit opinions and over 2000 original letters, which reveal the sources of law upon which the justices drew and their efforts through correspondence to achieve consistency across the circuits. The documents examined present insights into momentous social, political and economic issues facing the Union and demonstrate how these justices dealt with them on circuit. Particular attention is paid to the different ways in which each justice contributed to the shaping of United States law on circuit and on the Court and in the case of Justices Livingston and Thompson also during their time on the New York State Supreme Court.
Tells the story of a sensational 1791 Virginia murder case, and explores Revolutionary America's debates over justice, criminal punishment, and equality before the law.
The untold saga of John Randolph’s 383 slaves, freed in his much-contested will of 1821, finally comes to light. Few legal cases in American history are as riveting as the controversy surrounding the will of Virginia Senator John Randolph (1773–1833), which—almost inexplicably—freed all 383 of his slaves in one of the largest and most publicized manumissions in American history. So famous is the case that Ta-Nehisi Coates has used it to condemn Randolph’s cousin, Thomas Jefferson, for failing to free his own slaves. With this groundbreaking investigation, historian Gregory May now reveals a more surprising story, showing how madness and scandal shaped John Randolph’s wildly shifting attitudes toward his slaves—and how endemic prejudice in the North ultimately deprived the freedmen of the land Randolph had promised them. Sweeping from the legal spectacle of the contested will through the freedmen’s dramatic flight and horrific reception in Ohio, A Madman’s Will is an extraordinary saga about the alluring promise of freedom and its tragic limitations.
A far-reaching re-interpretation of the origins of American judicial review.
"A history of the most famous, and infamous, footnotes in leading US Supreme Court cases"--
This fifth volume of The Papers of James Monroe presents many important and never-before published documents relating to the critical years 1803–1811, providing a documentary record of the early American Republic as well as of a future president of the United States. For academic scholars, college and high school students, and general readers interested in the history of the United States, The Papers of James Monroe series has established itself as the go-to resource for primary documents about President James Monroe and the early history of the United States. In this latest volume, readers have access to more than 400 annotated original documents, some of which have never before been published. This fifth volume of this acclaimed series presents a chronologically organized collection of documents covering the period from January 1803 through April 1811. Following an introductory essay, the subjects covered include Monroe's involvement in treaty negotiations with England, Spain, and France—most notably, those talks surrounding the Louisiana Purchase; his candidacy in the 1808 presidential election; and his appointment as secretary of state in 1811. The documents in this volume illuminate the decisions made by American, British, French, and Spanish leaders during this specific period, especially regarding events leading up to the War of 1812, which illustrate how monumental events such as war can result from the choices of certain key individuals.