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A timely examination of Alabama’s severely criticized state constitution

Alabama’s present constitution, adopted in 1901, is widely viewed as the source of many, if not most, of the state’s historic difficulties and inequities. Chief among these is a poorly funded school system, an imbalanced tax system that favors special business interests, legislated racism, and unchecked urban sprawl. Many citizens believe that, after 100 years of overburdening amendments and confusing addendums, the constitution urgently needs rewriting. 

With this book, Bailey Thomson has assembled the best scholarship on the constitution, its history, and its implications for the future. Historian Harvey H. Jackson III details the degree to which the 1901 document was drafted as a legal tool to ensure white supremacy at the expense of poor whites and blacks, while Joe A. Sumners illustrates how the constitution ties the hands of elected civic leaders by handing authority for local decisions to state government in Montgomery. James W. Williams Jr. explores the impact of the state constitution on the beleaguered tax system and the three principal “revenue crises” it has engendered. Thomson’s own contribution explains how, in contrast to the previous failed attempts for constitutional change by past governors who appealed to their fellow power brokers, the current reform movement arose from the grassroots level.

As citizens and politicians in Alabama review the 1901 constitution for revision, as they navigate the pitfalls and opportunities inherent in change, it is incumbent that they inform themselves adequately on the controversies that have swirled around the constitution since its adoption. The future of Alabama’s government will depend upon it, as will the fortunes of Alabama’s business interests and the well-being of every citizen in the state for years to come.

Is drunkenness a defense for murder? In the early nineteenth century, the answer was a resounding no. Intoxication was considered voluntary, and thus provided no defense. Yet as the century progressed, American courts began to extend exculpatory value to heavy drinking. The medicalization of alcohol use created new categories of mental illness which, alongside changes in the law, formed the basis for defense arguments that claimed unintended consequences and lack of criminal intent. Concurrently, advocates of prohibition cast “demon rum” and the “rum-seller” as the drunkard's accomplices in crime, mitigating offenders' actions. By the postbellum period, a backlash, led by medical professionals and an influential temperance movement, left the legacy of an unsettled legal standard.

In A Drunkard's Defense, Michele Rotunda examines a variety of court cases to explore the attitudes of nineteenth-century physicians, legal professionals, temperance advocates, and ordinary Americans toward the relationship between drunkenness, violence, and responsibility, providing broader insights into the country's complicated relationship with alcohol.

A history of frontier justice and legal systems in early Florida.

The pervasive influence of the frontier is fundamental to an understanding of antebellum Florida. James M. Denham traces the growth and social development of this sparsely settled region through its experience with crime and punishment. He examines such issues as Florida's criminal code, its judicial and law enforcement officers, the accommodation of criminals in jails and courts, outlaw gangs, patterns of punishment, and the attitude of the public toward lawbreakers.

Using court records, government documents, newspapers, and personal papers, Denham explores how crime affected ordinary Floridians—whites and blacks, perpetrators, victims, and enforcers. He contends that although the frontier determined the enforcement and administration of the law, the ethic of honor dominated human relationships.

This groundbreaking historical examination analyzes the 1741 New York Conspiracy trials: a pivotal moment in colonial American history when the city's legal system prosecuted an alleged slave conspiracy with severe and controversial consequences. Thomas J. Davis meticulously reconstructs the trials and executions that resulted from this supposed uprising, providing crucial insights into the intersection of race, ethnicity, legal practice, and social control in colonial New York.

During the spring and summer of 1741, New York authorities conducted dramatic trials in response to fears of a coordinated slave rebellion. Between May 11 and August 29, 1741, the city executed 35 individuals: thirteen Black men were burned at the stake, seventeen Black men were hanged, and two white men and two white women were also executed. These brutal punishments reflected the city's intense fear and the racialized nature of colonial justice.

Davis's analysis examines the primary source material to investigate what this historical episode reveals about colonial New York's racial hierarchies, ethnic tensions, and legal systems. The work scrutinizes the trials themselves, asking critical questions: Was there truly a conspiracy, or was the event primarily a product of hysteria and rumor? How did racial prejudices, economic anxieties, and the structure of colonial authority shape legal proceedings?

Beyond the courtroom drama, Davis explores the broader implications of these trials for understanding slavery in northern colonies, where enslaved people were not as visible but equally integral to colonial society. The book demonstrates how fear, whether grounded in reality or stoked by rumor, could mobilize entire communities and transform legal systems into instruments of racialized control. This work has become essential reading for understanding how colonial societies constructed narratives of racial threat and employed legal mechanisms to enforce racial subordination.

A scholarly study of how women’s executions were staged, interpreted, and recorded in Renaissance England

A Weak Woman in a Strong Battle: Women and Public Execution in Early Modern England provides critical insights on representations of women on the scaffold, focusing on how female victims and those writing about them constructed meaning from the ritual. Jennifer Lodine-Chaffey draws on a wide range of genres, from accounts of martyrdom to dramatic works, to explore not only the words of women executed in Tudor and Stuart England, but also the ways that writers represented female bodies as markers of penitence or deviance.

A significant part of the execution spectacle—one used to assess the victim’s proper acceptance of death and godly repentance—was the final speech offered at the foot of the gallows or before the pyre. To ensure their final words held value for audiences, women adopted conventionally gendered language and positioned themselves as subservient and modest. The reception of women’s speeches, Lodine-Chaffey argues, depended on their performances of accepted female behaviors and language as well as physical signs of interior regeneration. Indeed, when women presented themselves or were represented as behaving in stereotypically feminine and virtuous ways, they were able to offer limited critiques of their fraught positions in society.

Just as important as their words, though, were the depictions of women’s bodies. The executed woman’s body, Lodine-Chaffey contends, functioned as a text, scrutinized by witnesses and readers for markers of innocence or guilt. The intense focus on the words and bodies of women facing execution during this period, Lodine-Chaffey argues, became a catalyst for a more thorough interest in and understanding of women’s roles not just as criminals but as subjects

WINNER OF THE ANNE B. & JAMES B. MCMILLAN PRIZE IN SOUTHERN HISTORY

Examines the legacies of eight momentous US Supreme Court decisions that have their origins in Alabama legal disputes.

Unknown to many, Alabama has played a remarkable role in a number of Supreme Court rulings that continue to touch the lives of every American. In Alabama Justice: The Cases and Faces That Changed a Nation, Steven P. Brown has identified eight landmark cases that deal with religion, voting rights, libel, gender discrimination, and other issues, all originating from legal disputes in Alabama.

Written in a concise and accessible manner, each case law chapter begins with the circumstances that created the dispute. Brown then provides historical and constitutional background for the issue followed by a review of the path of litigation. Excerpts from the Court’s ruling in the case are also presented, along with a brief account of the aftermath and significance of the decision. The First Amendment (New York Times v. Sullivan), racial redistricting (Gomillion v. Lightfoot), the Equal Protection Clause of the Fourteenth Amendment (Frontiero v. Richardson), and prayer in public schools (Wallace v. Jaffree) are among the pivotal issues stamped indelibly by disputes with their origins in Alabama legal, political, and cultural landscapes. By examining such landmark twentieth-century milestones and eras such as the Scottsboro Boys trial, the Civil Rights movement, and the fight for women’s rights through a legal lens, Brown sheds new and unexpected light on the ways that events in Alabama have shaped the nation.

In addition to his analysis of cases, Brown discusses the three associate Supreme Court justices from Alabama to the Supreme Court: John McKinley, John Archibald Campbell, and Hugo Black. Their cumulative influence on constitutional interpretation, the institution of the Court, and the day-to-day rights and liberties enjoyed by every American is impossible to measure. A closing chapter examines the careers and contributions of these three Alabamians.
 

In 1955 the Supreme Court ruled that veterans of the U.S. armed forces could not be court-martialed for overseas crimes that were not detected until after they had left military service. Territorial limitations placed such acts beyond the jurisdiction of civilian courts, and there was no other American court in which they could be adjudicated. As a result, a jurisdictional gap emerged that for decades exempted former troops from prosecution for war crimes. “This was not merely a theoretical possibility,” Patrick Hagopian writes. Over a dozen former soldiers who participated in the My Lai massacre did in fact “get away with murder.” Further court rulings expanded the gap to cover civilian employees and contractors that accompanied the armed forces.

In American Immunity, Hagopian places what he calls the “superpower exemption” in the context of a long-standing tension between international law and U.S. sovereignty. He shows that despite the U.S. role in promulgating universal standards of international law and forming institutions where those standards can be enforced, the United States has repeatedly refused to submit its own citizens and troops to the jurisdiction of international tribunals and failed to uphold international standards of justice in its own courts. 

In 2000 Congress attempted to close the jurisdictional gap with passage of the Military Extraterritorial Jurisdiction Act. The effectiveness of that legislation is still in question, however, since it remains unclear how willing civilian American juries will be to convict veterans for conduct in foreign war zones.

The ancient Greeks invented written law. Yet, in contrast to later societies in which law became a professional discipline, the Greeks treated laws as components of social and political history, reflecting the daily realities of managing society. To understand Greek law, then, requires looking into extant legal, forensic, and historical texts for evidence of the law in action. From such study has arisen the field of ancient Greek law as a scholarly discipline within classical studies, a field that has come into its own since the 1970s.

This edited volume charts new directions for the study of Greek law in the twenty-first century through contributions from eleven leading scholars. The essays in the book’s first section reassess some of the central debates in the field by looking at questions about the role of law in society, the notion of “contracts,” feuding and revenge in the court system, and legal protections for slaves engaged in commerce. The second section breaks new ground by redefining substantive areas of law such as administrative law and sacred law, as well as by examining sources such as Hellenistic inscriptions that have been comparatively neglected in recent scholarship. The third section evaluates the potential of methodological approaches to the study of Greek law, including comparative studies with other cultures and with modern legal theory. The volume ends with an essay that explores pedagogy and the relevance of teaching Greek law in the twenty-first century.

Animal law has become a topic of growing importance internationally, with animal welfare and animal rights often assuming center stage in contemporary debates about the legal status of animals. While nonspecialists routinely decontextualize ancient texts to support or deny rights to animals, experts in fields such as classics, biblical studies, Assyriology, Egyptology, rabbinics, and late antique Christianity have only just begun to engage the topic of animals and the law in their respective areas. This volume consists of original studies by scholars from a range of Mediterranean and West Asian fields on a variety of topics at the intersection of animals and the law in antiquity. Contributors include Rozenn Bailleul-LeSuer, Beth Berkowitz, Andrew McGowan, F. S. Naiden, Saul M. Olyan, Seth Richardson, Jordan D. Rosenblum, Andreas Schüle, Miira Tuominen, and Daniel Ullucci. The volume is essential reading for scholars and students of both the ancient world and contemporary law.