front cover of Uncle Sam’s Policemen
Uncle Sam’s Policemen
The Pursuit of Fugitives across Borders
Katherine Unterman
Harvard University Press, 2015

Extraordinary rendition—the practice of abducting criminal suspects in locations around the world—has been criticized as an unprecedented expansion of U.S. police powers. But America’s aggressive pursuit of fugitives beyond its borders far predates the global war on terror. Uncle Sam’s Policemen investigates the history of international manhunts, arguing that the extension of U.S. law enforcement into foreign jurisdictions at the turn of the twentieth century forms an important chapter in the story of American empire.

In the late 1800s, expanding networks of railroads and steamships made it increasingly easy for criminals to evade justice. Recognizing that domestic law and order depended on projecting legal authority abroad, President Theodore Roosevelt declared in 1903 that the United States would “leave no place on earth” for criminals to hide. Charting the rapid growth of extradition law, Katherine Unterman shows that the United States had fifty-eight treaties with thirty-six nations by 1900—more than any other country. American diplomats put pressure on countries that served as extradition havens, particularly in Latin America, and cloak-and-dagger tactics such as the kidnapping of fugitives by Pinkerton detectives were fair game—a practice explicitly condoned by the U.S. Supreme Court.

The most wanted fugitives of this period were not anarchists and political agitators but embezzlers and defrauders—criminals who threatened the emerging corporate capitalist order. By the early twentieth century, the long arm of American law stretched around the globe, creating an informal empire that complemented both military and economic might.

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front cover of Under Cover of Science
Under Cover of Science
American Legal-Economic Theory and the Quest for Objectivity
James R. Hackney Jr.
Duke University Press, 2007
For more than two decades, the law and economics movement has been one of the most influential and controversial schools of thought in American jurisprudence. In this authoritative intellectual history, James R. Hackney Jr. situates the modern law and economics movement within the trajectory of American jurisprudence from the early days of the Republic to the present. Hackney is particularly interested in the claims of objectivity or empiricism asserted by proponents of law and economics. He argues that the incorporation of economic analysis into legal decision making is not an inherently objective enterprise. Rather, law and economics often cloaks ideological determinations—particularly regarding the distribution of wealth—under the cover of science.

Hackney demonstrates how legal-economic thought has been affected by the prevailing philosophical ideas about objectivity, which have in turn evolved in response to groundbreaking scientific discoveries. Thus Hackney’s narrative is a history not only of law and economics but also of select strands of philosophy and science. He traces forward from the seventeenth-century the interaction of legal thinking and economic analysis with ideas about the attainability of certitude. The principal legal-economic theories Hackney examines are those that emerged from classical legal thought, legal realism, law and neoclassical economics, and critical legal studies. He links these theories respectively to formalism, pragmatism, the analytic turn, and neopragmatism/postmodernism, and he explains how each of these schools of philosophical thought was influenced by specific scientific discoveries: Newtonian physics, Darwin’s theory of evolution, Einstein’s theories of relativity, and quantum mechanics. Under Cover of Science challenges claims that the contemporary law and economics movement is an objective endeavor by historicizing ideas about certitude and empiricism and their relation to legal-economic thought.

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front cover of Under Household Government
Under Household Government
Sex and Family in Puritan Massachusetts
M. Michelle Jarrett Morris
Harvard University Press, 2012

Seventeenth-century New Englanders were not as busy policing their neighbors’ behavior as Nathaniel Hawthorne or many historians of early America would have us believe. Keeping their own households in line occupied too much of their time. Under Household Government reveals the extent to which family members took on the role of watchdog in matters of sexual indiscretion.

In a society where one’s sister’s husband’s brother’s wife was referred to as “sister,” kinship networks could be immense. When out-of-wedlock pregnancies, paternity suits, and infidelity resulted in legal cases, courtrooms became battlegrounds for warring clans. Families flooded the courts with testimony, sometimes resorting to slander and jury-tampering to defend their kin. Even slaves merited defense as household members—and as valuable property. Servants, on the other hand, could expect to be cast out and left to fend for themselves.

As she elaborates the ways family policing undermined the administration of justice, M. Michelle Jarrett Morris shows how ordinary colonists understood sexual, marital, and familial relationships. Long-buried tales are resurrected here, such as that of Thomas Wilkinson’s (unsuccessful) attempt to exchange cheese for sex with Mary Toothaker, and the discovery of a headless baby along the shore of Boston’s Mill Pond. The Puritans that we meet in Morris’s account are not the cardboard caricatures of myth, but are rendered with both skill and sensitivity. Their stories of love, sex, and betrayal allow us to understand anew the depth and complexity of family life in early New England.

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front cover of United States District Courts and Judges of Arkansas, 1836–1960
United States District Courts and Judges of Arkansas, 1836–1960
Frances Mitchell Ross
University of Arkansas Press, 2016
The essays in United States District Courts and Judges of Arkansas, 1836–1960—one each for a judge and his decisions—come together to form a chronological history of the Arkansas judicial system as it grew from its beginnings in a frontier state to a modern institution.

The book begins with statehood and continues with Congress’s decision to expand jurisdiction of the original 1836 District Court of Arkansas to include the vast Indian Territory to the west. The territory’s formidable size and rampant lawlessness brought in an overwhelming number of cases. The situation was only somewhat mitigated in 1851, when Congress split the state into eastern and western districts, which were still served by just one judge who travelled between the two courts.

A new judgeship for the Western District was created in 1871, and new seats for that court were established, but it wasn’t until 1896 that Congress finally ended all jurisdiction of Arkansas’s Western District Court over the Indian Territory.

Contributors to this collection include judges, practicing attorneys, academics, and thoughtful and informed family members who reveal how the judges made decisions on issues involving election laws, taxes, civil rights, railroads, liquor and prohibition, quack medicine, gangsters, bankruptcy, personal injury, the draft and Selective Service, school desegregation, prisons, and more. United States District Courts and Judges of Arkansas, 1836–1960 will be of value to anyone interested in Arkansas history—particularly Arkansas legal and judicial history as it relates to the local and national issues that came before these judges.

This project was supported in part by the United States District Court for the Eastern District of Arkansas and the United States District Court for the Western District of Arkansas.
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front cover of The Uses of the Dead
The Uses of the Dead
Caroline R. Sherman
Catholic University of America Press, 2017
Cy-près doctrine, which allows the purpose of a failing or impractical charitable gift to be changed, has been understood since the eighteenth century as a medieval canon law principle, derived from Roman law, to rescue souls by making good their last charitable intentions. The Uses of the Dead offers an alternate origin story for this judicial power, grounded in modern, secular concerns.

Posthumous gifts, which required no sacrifice during life, were in fact broadly understood by canon lawyers and medieval donors themselves to have at best a very limited relationship to salvation. As a consequence, for much of the Middle Ages the preferred method for resolving impossible or impractical gifts was to try to reach a consensus among all of the interested parties to the gift, including the donor's heirs and the recipients, with the mediation of the local bishop.

When cy-près emerged in the seventeenth century, it cut a charitable gift o from return to the donor's estate in the event of failure. It also gave the interested parties to the gift (heirs, beneficiaries, or trustees) little authority over resolutions to problematic gifts, which were now considered primarily in relationship to the donor's intent—even as the intent was ultimately honored only in its breach. The Uses of the Dead shows how cy-près developed out of controversies over church property, particularly monastic property, and whether it might be legally turned over to fund education, poor relief, or national defense.

Renaissance humanists hoped to make better, more prudent uses of property; the Reformation sought to correct superstitious abuses of property and ultimately tended to prevent donors' heirs from recovering secularized ecclesiastical gifts; and the early modern state attempted to centralize poor relief and charitable efforts under a more rational, centralized supervision. These three factors combined to replace an older equitable ideal with a new equitable rule—one whose use has rapidly expanded in the modern era to allow assorted approximations and judicial redistributions of property.
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