front cover of Bad News Travels Fast
Bad News Travels Fast
The Telegraph, Libel, and Press Freedom in the Progressive Era
Patrick C. File
University of Massachusetts Press, 2019
At the turn of the twentieth century, American journalists transmitted news across the country by telegraph. But what happened when these stories weren't true? In Bad News Travels Fast, Patrick C. File examines a series of libel cases by a handful of plaintiffs—including socialites, businessmen, and Annie Oakley—who sued newspapers across the country for republishing false newswire reports. Through these cases, File demonstrates how law and technology intertwined to influence debates about reputation, privacy, and the acceptable limits of journalism.

This largely forgotten era in the development of American libel law provides crucial historical context for contemporary debates about the news media, public discourse, and the role of a free press. File argues that the legal thinking surrounding these cases laid the groundwork for the more friendly libel standards the press now enjoys and helped to establish today's regulations of press freedom amid the promise and peril of high-speed communication technology.
[more]

front cover of Baker & Botts in the Development of Modern Houston
Baker & Botts in the Development of Modern Houston
By Kenneth J. Lipartito and Joseph A. Pratt
University of Texas Press, 1991

As counsel for Pennzoil's successful effort to recover billions of dollars in damages from Texaco over the acquisition of Getty Oil Company, the Baker & Botts law firm of Houston, Texas, achieved wide public recognition in the 1980s. But among its peers in the legal and corporate worlds, Baker & Botts has for more than a century held a preeminent position, handling the legal affairs of such blue-chip clients as the Southern Pacific Railroad, Houston Lighting & Power Company, Rice University, Texas Commerce Bank, and Tenneco. In this study, Kenneth J. Lipartito and Joseph A. Pratt chronicle the history of Baker & Botts, placing particular emphasis on the firm's role in Houston's economic development.

Founded in 1840, Baker & Botts literally grew up with Houston. The authors chart its evolution from a nineteenth-century regional firm that represented eastern-based corporations moving into Texas to a twentieth-century national firm with clients throughout the world. They honestly discuss the criticisms that Baker & Botts has faced as an advocate of big business. But they also identify the important impact that corporate law firms of this type have on business reorganization and government regulation. As the authors demonstrate in this case study, law firms throughout the twentieth century have helped to shape public policy in these critical areas.

Always prominent in the community, and with prominent connections (former Secretary of State James A. Baker III is the great-grandson of the original Baker), the Baker & Botts law firm belongs in any history of the development of Houston and the Southwest.

[more]

front cover of The Baneberry Disaster
The Baneberry Disaster
A Generation of Atomic Fallout
Larry C. Johns
University of Nevada Press, 2017
The Baneberry Disaster covers the calamitous December 1970 Baneberry underground nuclear test that pumped nearly 7 million curies of radiation into the atmosphere, caused the suspension of nuclear testing at the Nevada Test Site for six months, and whose radioactive cloud exposed 86 test-site workers to radiation, two of whom died of leukemia less than four years later.
 
The authors are attorneys from Las Vegas who spent 25 years pursuing a lawsuit for the victims at Baneberry. The story begins in 1971, just after the Baneberry test vented, and takes the reader through the years leading up to the trial, the 41-day trial in 1979, and the multiple appeals following the trial. It discusses the claims and lawsuits filed by others exposed to atomic testing, and the congressional investigations that led to the enactment of the Radiation Exposure Compensation Act in 1990.
[more]

front cover of Bankrupts and Usurers of Imperial Russia
Bankrupts and Usurers of Imperial Russia
Debt, Property, and the Law in the Age of Dostoevsky and Tolstoy
Sergei Antonov
Harvard University Press, 2016

As readers of classic Russian literature know, the nineteenth century was a time of pervasive financial anxiety. With incomes erratic and banks inadequate, Russians of all social castes were deeply enmeshed in networks of credit and debt. The necessity of borrowing and lending shaped perceptions of material and moral worth, as well as notions of social respectability and personal responsibility. Credit and debt were defining features of imperial Russia’s culture of property ownership. Sergei Antonov recreates this vanished world of borrowers, bankrupts, lenders, and loan sharks in imperial Russia from the reign of Nicholas I to the period of great social and political reforms of the 1860s.

Poring over a trove of previously unexamined records, Antonov gleans insights into the experiences of ordinary Russians, rich and poor, and shows how Russia’s informal but sprawling credit system helped cement connections among property owners across socioeconomic lines. Individuals of varying rank and wealth commonly borrowed from one another. Without a firm legal basis for formalizing debt relationships, obtaining a loan often hinged on subjective perceptions of trustworthiness and reputation. Even after joint-stock banks appeared in Russia in the 1860s, credit continued to operate through vast networks linked by word of mouth, as well as ties of kinship and community. Disputes over debt were common, and Bankrupts and Usurers of Imperial Russia offers close readings of legal cases to argue that Russian courts—usually thought to be underdeveloped in this era—provided an effective forum for defining and protecting private property interests.

[more]

front cover of Baseball on Trial
Baseball on Trial
The Origin of Baseball's Antitrust Exemption
Nathaniel Grow
University of Illinois Press, 2014
The controversial 1922 Federal Baseball Supreme Court ruling held that the "business of base ball" was not subject to the Sherman Antitrust Act because it did not constitute interstate commerce. In Baseball on Trial, legal scholar Nathaniel Grow defies conventional wisdom to explain why the unanimous Supreme Court opinion authored by Justice Oliver Wendell Holmes, which gave rise to Major League Baseball's exemption from antitrust law, was correct given the circumstances of the time.
 
Currently a billion dollar enterprise, professional baseball teams crisscross the country while the games are broadcast via radio, television, and internet coast to coast. The sheer scope of this activity would seem to embody the phrase "interstate commerce." Yet baseball is the only professional sport--indeed the sole industry--in the United States that currently benefits from a judicially constructed antitrust immunity. How could this be?
 
Drawing upon recently released documents from the National Baseball Hall of Fame, Grow analyzes how the Supreme Court reached this seemingly peculiar result by tracing the Federal Baseball litigation from its roots in 1914 to its resolution in 1922, in the process uncovering significant new details about the proceedings. Grow observes that while interstate commerce was measured at the time by the exchange of tangible goods, baseball teams in the 1910s merely provided live entertainment to their fans, while radio was a fledgling technology that had little impact on the sport. The book ultimately concludes that, despite the frequent criticism of the opinion, the Supreme Court's decision was consistent with the conditions and legal climate of the early twentieth century.
[more]

front cover of Beginning at the End
Beginning at the End
Decadence, Modernism, and Postcolonial Poetry
Robert Stilling
Harvard University Press, 2018

During the struggle for decolonization, Frantz Fanon argued that artists who mimicked European aestheticism were “beginning at the end,” skipping the inventive phase of youth for a decadence thought more typical of Europe’s declining empires. Robert Stilling takes up Fanon’s assertion to argue that decadence became a key idea in postcolonial thought, describing both the failures of revolutionary nationalism and the assertion of new cosmopolitan ideas about poetry and art.

In Stilling’s account, anglophone postcolonial artists have reshaped modernist forms associated with the idea of art for art’s sake and often condemned as decadent. By reading decadent works by J. K. Huysmans, Walter Pater, Henry James, and Oscar Wilde alongside Chinua Achebe, Derek Walcott, Agha Shahid Ali, Derek Mahon, Yinka Shonibare, Wole Soyinka, and Bernardine Evaristo, Stilling shows how postcolonial artists reimagined the politics of aestheticism in the service of anticolonial critique. He also shows how fin de siècle figures such as Wilde questioned the imperial ideologies of their own era.

Like their European counterparts, postcolonial artists have had to negotiate between the imaginative demands of art and the pressure to conform to a revolutionary politics seemingly inseparable from realism. Beginning at the End argues that both groups—European decadents and postcolonial artists—maintained commitments to artifice while fostering oppositional politics. It asks that we recognize what aestheticism has contributed to politically engaged postcolonial literature. At the same time, Stilling breaks down the boundaries around decadent literature, taking it outside of Europe and emphasizing the global reach of its imaginative transgressions.

[more]

front cover of Beyond Abortion
Beyond Abortion
Roe v. Wade and the Battle for Privacy
Mary Ziegler
Harvard University Press, 2018

For most Americans today, Roe v. Wade concerns just one thing: the right to choose abortion. But the Supreme Court’s decision once meant much more. The justices ruled that the right to privacy encompassed the abortion decision. Grassroots activists and politicians used Roe—and popular interpretations of it—as raw material in answering much larger questions: Is there a right to privacy? For whom, and what is protected?

As Mary Ziegler demonstrates, Roe’s privacy rationale attracted a wide range of citizens demanding social changes unrelated to abortion. Movements questioning hierarchies based on sexual orientation, profession, class, gender, race, and disability drew on Roe to argue for an autonomy that would give a voice to the vulnerable. So did advocates seeking expanded patient rights and liberalized euthanasia laws. Right-leaning groups also invoked Roe’s right to choose, but with a different agenda: to attack government involvement in consumer protection, social welfare, racial justice, and other aspects of American life.

In the 1980s, seeking to unify a fragile coalition, the Republican Party popularized the idea that Roe was a symbol of judicial tyranny, discouraging anyone from relying on the decision to frame their demands. But Beyond Abortion illuminates the untapped potential of arguments that still resonate today. By recovering the diversity of responses to Roe, and the legal and cultural battles it energized, Ziegler challenges readers to come to terms with the uncomfortable fact that privacy belongs to no party or cause.

[more]

front cover of Beyond Freedom’s Reach
Beyond Freedom’s Reach
A Kidnapping in the Twilight of Slavery
Adam Rothman
Harvard University Press, 2015

Born into slavery in rural Louisiana, Rose Herera was bought and sold several times before being purchased by the De Hart family of New Orleans. Still a slave, she married and had children, who also became the property of the De Harts. But after Union forces captured New Orleans in 1862 during the American Civil War, Herera’s owners fled to Havana, taking three of her small children with them. Beyond Freedom’s Reach is the true story of one woman’s quest to rescue her children from bondage.

In a gripping, meticulously researched account, Adam Rothman lays bare the mayhem of emancipation during and after the Civil War. Just how far the rights of freed slaves extended was unclear to black and white people alike, and so when Mary De Hart returned to New Orleans in 1865 to visit friends, she was surprised to find herself taken into custody as a kidnapper. The case of Rose Herera’s abducted children made its way through New Orleans’ courts, igniting a custody battle that revealed the prospects and limits of justice during Reconstruction.

Rose Herera’s perseverance brought her children’s plight to the attention of members of the U.S. Senate and State Department, who turned a domestic conflict into an international scandal. Beyond Freedom’s Reach is an unforgettable human drama and a poignant reflection on the tangled politics of slavery and the hazards faced by so many Americans on the hard road to freedom.

[more]

front cover of Biblical Judgments
Biblical Judgments
New Legal Readings in the Hebrew Bible
Daphne Barak-Erez
University of Michigan Press, 2024
Biblical Judgments invites readers to consider today's timeless dilemmas of law and government, social justice, and human rights, through the perspective of a text that has helped shape western society: the Hebrew Bible. By focusing on biblical narratives and literature rather than on traditional interpretations of biblical law, Daphne Barak-Erez is able to look beyond historic norms to concentrate on what Old Testament stories can reveal about the "big" issues. She discusses questions such as: What can modern-day governmental regulation learn from the exercise of food rationing in Egypt as a response to Pharaoh's dream of a future famine? How does social distancing in the time of Covid-19 compare with people sent outside the camp as a precautionary measure against bible-era plagues? What can promoters of social justice glean from the demands made to Moses that daughters should also inherit from their father when biblical law did not recognize inheritance rights of women? 

Rather than offering a historical study, Barak-Erez draws upon famous court decisions from around the world to root her analysis in modern law. Organized by subject matter, Biblical Judgments analyzes how the themes of law and government, judging and judges, human rights and social justice, criminal law, private law, and family and inheritance law are presented through a number of different stories. In recounting the compelling narratives of the Hebrew Bible, Biblical Judgments exposes their inherent legal tensions and what we can learn about legal dilemmas today. 
[more]

front cover of Bitter Reckoning
Bitter Reckoning
Israel Tries Holocaust Survivors as Nazi Collaborators
Dan Porat
Harvard University Press, 2019

Beginning in 1950, the state of Israel prosecuted and jailed dozens of Holocaust survivors who had served as camp kapos or ghetto police under the Nazis. At last comes the first full account of the kapo trials, based on records newly declassified after forty years.

In December 1945, a Polish-born commuter on a Tel Aviv bus recognized a fellow rider as the former head of a town council the Nazis had established to manage the Jews. When he denounced the man as a collaborator, the rider leapt off the bus, pursued by passengers intent on beating him to death. Five years later, to address ongoing tensions within Holocaust survivor communities, the State of Israel instituted the criminal prosecution of Jews who had served as ghetto administrators or kapos in concentration camps.

Dan Porat brings to light more than three dozen little-known trials, held over the following two decades, of survivors charged with Nazi collaboration. Scouring police investigation files and trial records, he found accounts of Jewish policemen and camp functionaries who harassed, beat, robbed, and even murdered their brethren. But as the trials exposed the tragic experiences of the kapos, over time the courts and the public shifted from seeing them as evil collaborators to victims themselves, and the fervor to prosecute them abated.

Porat shows how these trials changed Israel’s understanding of the Holocaust and explores how the suppression of the trial records—long classified by the state—affected history and memory. Sensitive to the devastating options confronting those who chose to collaborate, yet rigorous in its analysis, Bitter Reckoning invites us to rethink our ideas of complicity and justice and to consider what it means to be a victim in extraordinary circumstances.

[more]

front cover of The Black Laws
The Black Laws
Race and the Legal Process in Early Ohio
Stephen Middleton
Ohio University Press, 2005
Beginning in 1803, the Ohio legislature enacted what came to be known as the Black Laws. These laws instituted barriers against blacks entering the state and placed limits on black testimony against whites. Basing his narrative on massive primary research, often utilizing previously unexplored sources, Stephen Middleton tells the story of racial oppression in Ohio and recounts chilling episodes of how blacks asserted their freedom by challenging the restrictions in the racial codes until the state legislature repealed some pernicious features in 1849 and finally abolished them in 1886.

The fastest-growing state in antebellum America and the destination of whites from the North and the South, Ohio also became the destination for thousands of southern blacks, both free and runaway. Thus, nineteenth-century Ohio became a legal battleground for two powerful and far-reaching impulses in the history of race and law in America. One was the use of state power to further racial discrimination, and the other was the thirst of African Americans and their white allies for equality under the law for all Americans.

Written in a clear and compelling style, this pathbreaking study will be required reading for historians, legal scholars, students, and those interested in the struggle for civil rights in America.
[more]

logo for Ohio University Press
Black Lawyers, White Courts
The Soul of South African Law
Kenneth S. Broun
Ohio University Press, 2000

In the struggle against apartheid, one often overlooked group of crusaders was the coterie of black lawyers who overcame the Byzantine system that the government established oftentimes explicitly to block the paths of its black citizens from achieving justice.

Now, in their own voices, we have the narratives of many of those lawyers as recounted in a series of oral interviews. Black Lawyers, White Courts is their story and the anti-apartheid story that has before now gone untold.

Professor Kenneth Broun conducted interviews with twenty-seven black South African lawyers. They were asked to tell about their lives, including their family backgrounds, education, careers, and their visions for the future. In many instances they also discussed their years in prison or exile, or under house arrest. Most told of both education and careers interrupted because of the ongoing struggle.

The story of the professional achievements of black lawyers in South Africa—indeed their very survival—provides an example of the triumph of individuals and, ultimately, of the law. Black Lawyers, White Courts is about South Africa, and about black professionals in that country, but the lessons its protagonists teach extend far beyond circumstances, geography, or race.

[more]

front cover of The Body of John Merryman
The Body of John Merryman
Abraham Lincoln and the Suspension of Habeas Corpus
Brian McGinty
Harvard University Press, 2011

In April 1861, President Abraham Lincoln suspended the writ of habeas corpus along the military line between Washington, D.C., and Philadelphia. This allowed army officers to arrest and indefinitely detain persons who were interfering with military operations in the area. When John Merryman, a wealthy Marylander suspected of burning bridges to prevent the passage of U.S. troops to Washington, was detained in Fort McHenry, the chief justice of the Supreme Court, Roger Taney, declared the suspension of habeas corpus unconstitutional and demanded Merryman's immediate release. Lincoln defied Taney’s order, offering his own forceful counter-argument for the constitutionality of his actions. Thus the stage was set for one of the most dramatic personal and legal confrontations the country has ever witnessed.

The Body of John Merryman is the first book-length examination of this much-misunderstood chapter in American history. Brian McGinty captures the tension and uncertainty that surrounded the early months of the Civil War, explaining how Lincoln's suspension of habeas corpus was first and foremost a military action that only subsequently became a crucial constitutional battle. McGinty's narrative brings to life the personalities that drove this uneasy standoff and expands our understanding of the war as a legal—and not just a military, political, and social—conflict. The Body of John Merryman is an extraordinarily readable book that illuminates the contours of one of the most significant cases in American legal history—a case that continues to resonate in our own time.

[more]

front cover of Border Law
Border Law
The First Seminole War and American Nationhood
Deborah A. Rosen
Harvard University Press, 2015

The First Seminole War of 1816–1818 played a critical role in shaping how the United States demarcated its spatial and legal boundaries during the early years of the republic. Rooted in notions of American exceptionalism, manifest destiny, and racism, the legal framework that emerged from the war laid the groundwork for the Monroe Doctrine, the Dred Scott decision, and U.S. westward expansion over the course of the nineteenth century, as Deborah Rosen explains in Border Law.

When General Andrew Jackson’s troops invaded Spanish-ruled Florida in the late 1810s, they seized forts, destroyed towns, and captured or killed Spaniards, Britons, Creeks, Seminoles, and African-descended people. As Rosen shows, Americans vigorously debated these aggressive actions and raised pressing questions about the rights of wartime prisoners, the use of military tribunals, the nature of sovereignty, the rules for operating across territorial borders, the validity of preemptive strikes, and the role of race in determining legal rights. Proponents of Jackson’s Florida campaigns claimed a place for the United States as a member of the European diplomatic community while at the same time asserting a regional sphere of influence and new rules regarding the application of international law.

American justifications for the incursions, which allocated rights along racial lines and allowed broad leeway for extraterritorial action, forged a more unified national identity and set a precedent for an assertive foreign policy.

[more]

logo for Amsterdam University Press
British Law and Governance in Treaty Port China 1842-1927
Consuls, Courts and Colonial Subjects
Alexander Thompson
Amsterdam University Press

front cover of Brotherly Love
Brotherly Love
Murder and the Politics of Prejudice in Nineteenth-Century Rhode Island
Charles Hoffmann
University of Massachusetts Press, 1998
On New Year's Eve in 1843, Rhode Island textile manufacturer Amasa Sprague was shot and beaten to death. Within two days, three Irish immigrant brothers were arrested, charged with murder, and eventually brought to trial.

Brotherly Love is a graphic reconstruction of the crime, its social and economic background, and the subsequent trials. The story reveals the antagonism between native-born Yankees, who commanded great power, and the growing number of Irish Catholic immigrants, most of whom worked in the textile mills. Indeed, the economic, political, and religious dimensions of the conflict are all evident in the trials.

The authors argue persuasively that the Gordons were victims of bigotry and circumstantial evidence, serving as convenient scapegoats to appease a community outraged over the murder of its wealthiest citizen. In telling the story of this notorious case, Brotherly Love reveals the politics of prejudice in nineteenth-century New England as played out in community and courtroom.
[more]

front cover of Building a Revolutionary State
Building a Revolutionary State
The Legal Transformation of New York, 1776-1783
Howard Pashman
University of Chicago Press, 2018
How does a popular uprising transform itself from the disorder of revolution into a legal system that carries out the daily administration required to govern? Americans faced this question during the Revolution as colonial legal structures collapsed under the period’s disorder. Yet by the end of the war, Americans managed to rebuild their courts and legislatures, imbuing such institutions with an authority that was widely respected. This remarkable transformation came about in unexpected ways. Howard Pashman here studies the surprising role played by property redistribution—seizing it from Loyalists and transferring it to supporters of independence—in the reconstruction of legal order during the Revolutionary War.

Building a Revolutionary State looks closely at one state, New York, to understand the broader question of how legal structures emerged from an insurgency.  By examining law as New Yorkers experienced it in daily life during the war, Pashman reconstructs a world of revolutionary law that prevailed during America’s transition to independence. In doing so, Pashman explores a central paradox of the revolutionary era:  aggressive enforcement of partisan property rules actually had stabilizing effects that allowed insurgents to build legal institutions that enjoyed popular support.  Tracing the transformation from revolutionary disorder to legal order, Building a New Revolutionary State gives us a radically fresh way to understand the emergence of new states.
[more]

front cover of Buying Time
Buying Time
Debt and Mobility in the Western Indian Ocean
Thomas F. McDow
Ohio University Press, 2018

In Buying Time, Thomas F. McDow synthesizes Indian Ocean, Middle Eastern, and East African studies as well as economic and social history to explain how, in the nineteenth century, credit, mobility, and kinship knit together a vast interconnected Indian Ocean region. That vibrant and enormously influential swath extended from the desert fringes of Arabia to Zanzibar and the Swahili coast and on to the Congo River watershed.

In the half century before European colonization, Africans and Arabs from coasts and hinterlands used newfound sources of credit to seek out opportunities, establish new outposts in distant places, and maintain families in a rapidly changing economy. They used temporizing strategies to escape drought in Oman, join ivory caravans in the African interior, and build new settlements.

The key to McDow’s analysis is a previously unstudied trove of Arabic business deeds that show complex variations on the financial transactions that underwrote the trade economy across the region. The documents list names, genealogies, statuses, and clan names of a wide variety of people—Africans, Indians, and Arabs; men and women; free and slave—who bought, sold, and mortgaged property. Through unprecedented use of these sources, McDow moves the historical analysis of the Indian Ocean beyond connected port cities to reveal the roles of previously invisible people.

[more]


Send via email Share on Facebook Share on Twitter