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During the period from 1836 to 1874, the legal system in the new state of Arkansas developed amid huge social change. While the legislature could, and did, determine what issues were considered of importance to the populace, the Arkansas Supreme Court determined the efficacy of legislation in cases involving land titles, banks, transportation, slavery, family law, property, debt, contract, criminal law, and procedure. Distinguishing the Righteous from the Roguish examines the court’s decisions in this era and shows how Arkansas, as a rural slave-holding state, did not follow the transformational patterns typical of some other states during the nineteenth century. Rather than using the law to promote broad economic growth and encourage social change, the Arkansas court attempted to accommodate the interests of the elite class by preserving the institution of slavery. The ideology of paternalism is reflected in the decisions of the court, and Looney shows how social and political stability—an emphasis on preserving the status quo of the so-called “righteous”—came at the expense of broader economic development.
Renowned legal historian Lawrence Friedman presents an accessible and authoritative history of American law from the colonial era to the present day. This fully revised fourth edition incorporates the latest research to bring this classic work into the twenty-first century. In addition to looking closely at timely issues like race relations, the book covers the changing configurations of commercial law, criminal law, family law, and the law of property. Friedman furthermore interrogates the vicissitudes of the legal profession and legal education. The underlying theory of this eminently readable book is that the law is the product of society. In this way, we can view the history of the legal system through a sociological prism as it has evolved over the years.
Winner, 2020 Booker Worthen Literary Prize During the antebellum years, over 750,000 enslaved people were taken to the Lower Mississippi Valley, where two-thirds of them were sold in the slave markets of New Orleans, Natchez, and Memphis. Those who ended up in Louisiana found themselves in an environment of swamplands, sugar plantations, French-speaking creoles, and the exotic metropolis of New Orleans. Those sold to planters in the newly-opened Mississippi Delta cleared land and cultivated cotton for owners who had moved west to get rich as quickly as possible, driving this labor force to harsh extremes. Like enslaved people all over the South, those in the Lower Mississippi Valley left home at night for clandestine parties or religious meetings, sometimes “laying out” nearby for a few days or weeks. Some of them fled to New Orleans and other southern cities where they could find refuge in the subculture of slaves and free blacks living there, and a few attempted to live permanently free in the swamps and forests of the surrounding area. Fugitives also tried to returnto eastern slave states to rejoin families from whom they had been separated. Some sought freedom on the northern side of the Ohio River; othersfled to Mexico for the same purpose. Fugitivism provides a wealth of new information taken from advertisements, newspaper accounts, and court records. It explains how escapees made use of steamboat transportation, how urban runaways differed from their rural counterparts, how enslaved people were victimized by slave stealers, how conflicts between black fugitives and the white people who tried to capture them encouraged a culture of violence in the South, and how runaway slaves from the Lower Mississippi Valley influenced the abolitionist movement in the North. Readers will discover that along with an end to oppression, freedom-seeking slaves wanted the same opportunities afforded to most Americans.
At this juncture in American history, some of our most hard-fought state-level political struggles involve control of state supreme courts. New Hampshire witnessed one of the most dramatic of these, culminating in the impeachment of Chief Justice David Brock in 2000, but the issues raised by the case are hardly confined to New Hampshire. They involved the proper nature and operation of judicial independence within a “populist” civic culture that had long assumed the primacy of the legislative branch, extolled its “citizen legislators” over insulated and professionalized elites, and entrusted those legislators to properly supervise the judiciary. In the last few decades of the 20th Century, New Hampshire’s judiciary had been substantially reconfigured: constitutional amendments and other measures endorsed by the national judicial-modernization movement had secured for it a much higher level of independence and internal unification than it had historically enjoyed. However, a bipartisan body of legislators remained committed to the principle of legislative supremacy inscribed in the state constitution of 1784. The 1980s and 1990s witnessed a series of clashes over court administration, allegations of judicial corruption, and finally a bitter and protracted battle over Court decisions on educational funding. Chief Justice Brock publicly embodied the judicial branch's new status and assertiveness. When information came to light regarding some of his administrative actions on the high court, deepening antipathy toward him exploded into an impeachment crisis. The struggle over Brock’s conduct raised significant questionsabout the meaning and proper practice of impeachment itself as a feature of democratic governance. When articles of impeachment were voted by the House of Representatives, the state Senate faced the difficult task of establishing trial protocols that would balance thepolitical and juridical responsibilities devolved on them, simultaneously, by the state constitution.Having struck that balance, the trial they conducted would finally acquit Brock of all charges. Nevertheless, David Brock’s impeachment was a highly consequential ordeal that provided a needed catalyst for reforms intended to produce a productive recalibration of legislative-judicial relations.
"First issued as an Oxford University Press paperback, 1983"--T.p. verso. Includes bibliographical references and index. Access is available to the Yale community.
Distilled from Arkansas: A Narrative History, the definitive work on the subject since its original publication in 2002, Arkansas: A Concise History is a succinct one-volume history of the state from the prehistory period to the present. Featuring four historians, each bringing his or her expertise to a range of topics, this volume introduces readers to the major issues that have confronted the state and traces the evolution of those issues across time. After a brief review of Arkansas’s natural history, readers will learn about the state’s native populations before exploring the colonial and plantation eras, early statehood, Arkansas’s entry into and role in the Civil War, and significant moments in national and global history, including Reconstruction, the Gilded Age, the Progressive Era, the Elaine race massacre, the Great Depression, both world wars, and the Civil Rights Movement. Linking these events together, Arkansas: A Concise History offers both an understanding of the state’s history and a perspective on that history’s implications for the political, economic, and social realities of today.
Since its first edition in 1988, The Arkansas Freedom of Information Act has become the standard reference for the bench, the bar, and journalists for guidance in interpreting and applying the state’s open-government law. This sixth edition, published fifty years after the passage of the Act in 1967, builds upon its predecessors, incorporating later legislative enactments, judicial decisions, and Attorney General’s opinions to present a synthesis of the law of access to public records and meetings in Arkansas.
"A teen obsessed with 19th century literature tries to cull advice on life and love from her favorite classic heroines to disastrous results--especially when she falls for the school's resident lothario"--
Includes an abridged edition of 1908 catalog issued under title: English prose fiction ... list of about 800 title.