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Illuminates the legal engine behind colonial America’s market economy, revealing how law and commerce intertwined to sideline women's participation and lay the groundwork for industrial capitalism.

In Courts and Commerce, Deborah A. Rosen offers a fresh, incisive look at the economic and legal foundations of colonial New York. Drawing on a wide array of 18th-century sources—probate inventories, court records, petitions, and more—Rosen uncovers how law and commerce intertwined to shape a market economy long before the rise of industrial capitalism.

Rosen challenges the romanticized view of colonial America as a bastion of communal values. Instead, she reveals a society already driven by arm’s-length transactions and legal mechanisms that empowered men to expand their economic reach while systematically limiting women’s participation. Her analysis spans both urban and rural settings, highlighting regional contrasts and the gendered impact of legal structures.

This book pushes back against the idea that the nineteenth century marked a sudden economic transformation. Rosen shows that many of the legal and economic patterns associated with industrialization were already in motion a century earlier. Engaging and deeply researched, Courts and Commerce is essential reading for scholars of colonial history, legal and economic development, and gender studies. It reframes our understanding of early American life—and the roots of inequality in the modern economy.

The “Chinese question” and the “Negro problem” were bound up with one another in nineteenth-century America. Indeed, the negative stereotypes, exclusionary laws, and incendiary rhetoric employed against both populations bore striking similarities. 

Najia Aarim-Heriot forcefully demonstrates that the anti-Chinese sentiment behind the passage of the Chinese Exclusion Act of 1882 is inseparable from the racial double standards applied by mainstream white society toward white and nonwhite groups during the same period. Aarim-Heriot argues that previous studies on American Sinophobia have overemphasized the resentment labor organizations felt toward incoming Chinese workers. As a result, scholars have overlooked the broader ways in which the growing nation sought to define and unify itself through the exclusion and oppression of nonwhite peoples. 

A challenge to traditional approaches to Chinese American history, Chinese immigrants, African Americans, and Racial Anxiety in the United States, 1848–82 offers a holistic examination of American Sinophobia and the racialization of national immigration policies.

During the long decade from 1848 to 1861 America was like a train speeding down the track, without an engineer or brakes. The new territories acquired from Mexico had vastly increased the size of the nation, but debate over their status—and more importantly the status of slavery within them—paralyzed the nation. Southerners gained access to the territories and a draconian fugitive slave law in the Compromise of 1850, but this only exacerbated sectional tensions. Virtually all northerners, even those who supported the law because they believed that it would preserve the union, despised being turned into slave catchers. In 1854, in the Kansas-Nebraska Act, Congress repealed the ban on slavery in the remaining unorganized territories. In 1857, in the Dred Scott case, the Supreme Court held that all bans on slavery in the territories were unconstitutional. Meanwhile, northern whites, free blacks, and fugitive slaves resisted the enforcement of the 1850 fugitive slave law. In Congress members carried weapons and Representative Preston Brooks assaulted Senator Charles Sumner with a cane, nearly killing him. This was the decade of the 1850s and these were the issues Congress grappled with.

This volume of new essays examines many of these issues, helping us better understand the failure of political leadership in the decade that led to the Civil War.

Contributors
Spencer R. Crew
Paul Finkelman
Matthew Glassman
Amy S. Greenberg
Martin J. Hershock
Michael F. Holt
Brooks D. Simpson
Jenny Wahl

In 1922, the people of Oregon passed legislation requiring all children to attend public schools. For the nativists and progressives who had campaigned for the Oregon School Bill, it marked the first victory in a national campaign to homogenize education---and ultimately the populace. Private schools, both secular and religious, vowed to challenge the law. The Catholic Church, the largest provider of private education in the country and the primary target of the Ku Klux Klan campaign, stepped forward to lead the fight all the way to the U.S. Supreme Court.

In Pierce v. Society of Sisters (1925), the court declared the Oregon School Bill unconstitutional and ruled that parents have the right to determine how their children should be educated. Since then, Pierce has provided a precedent in many cases pitting parents against the state.

Paula Abrams is Professor of Constitutional Law at Lewis & Clark Law School.