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The Law of the Heart is a vigorous challenge to the prevailing concept of the “antidemocratic” image of the self in the American literary and cultural tradition. Sam B. Girgus counters this interpretation and attempts to develop a new understanding of democratic individualism and liberal humanism in American literature under the rubric of literary modernism.

The image of the individual self who retreats inward, conforming to a distorted “law of the heart,” emerges from the works of such writers as Cooper and Poe and composer Charles Ives. Yet, as Girgus shows, other American writers relate the idea of the self to reality and culture in a more complex way: the self confronts and is reconciled to the paradox of history and reality.

In Girgus’ view, the tradition of pragmatic, humanistic individualism provides a foundation for a future where individual liberty is a major priority. He uses literary modernism as a bridge for relating contemporary social conditions to crises of the American self and culture as seen in the works of writers including Emerson, Howells, Whitman, Henry James, William James, Fitzgerald, Bellow, and McLuhan.

The first adventurers into the New World faced a fundamental legal challenge: how to secure rights to any mineral claims they discovered. Early conquistadors worked under charters that required them to return a portion of their findings to the Spanish crown, but those without such charters had no formal protection—and the crown was slow to clarify individual rights. This uncertainty only grew as miners pushed into the lands that would become the Western United States.

When gold was discovered in California, miners suddenly found themselves operating without any governing laws during the period between the end of the war with Mexico and the establishment of formal U.S. jurisdiction. In response, and without official sanction, they formed self-governing “mining districts,” best understood as mutual protection societies. These districts marked the first organized attempt to define boundaries and create rules for establishing and maintaining mining claims. As the early rushes in California and Nevada subsided, miners carried these practices with them into Arizona and other western territories.

In Arizona, no comprehensive collection of these early regulations has ever existed. The Law of the Mineraddresses this gap by tracing the development of mineral law in early Arizona and presenting the full text of every mining district regulation that could be found. This work serves both the mining industry and historians seeking to identify the individuals involved in creating the districts and to understand these districts’ historical boundaries.

The laws that governed the institution of slavery in early Texas were enacted over a fifty-year period in which Texas moved through incarnations as a Spanish colony, a Mexican state, an independent republic, a part of the United States, and a Confederate state. This unusual legal heritage sets Texas apart from the other slave-holding states and provides a unique opportunity to examine how slave laws were enacted and upheld as political and legal structures changed. The Laws of Slavery in Texas makes that examination possible by combining seminal historical essays with excerpts from key legal documents from the slave period and tying them together with interpretive commentary by the foremost scholar on the subject, Randolph B. Campbell.

Campbell's commentary focuses on an aspect of slave law that was particularly evident in the evolving legal system of early Texas: the dilemma that arose when human beings were treated as property. As Campbell points out, defining slaves as moveable property, or chattel, presented a serious difficulty to those who wrote and interpreted the law because, unlike any other form of property, slaves were sentient beings. They were held responsible for their crimes, and in numerous other ways statute and case law dealing with slavery recognized the humanness of the enslaved. Attempts to protect the property rights of slave owners led to increasingly restrictive laws—including laws concerning free blacks—that were difficult to uphold. The documents in this collection reveal both the roots of the dilemma and its inevitable outcome.

Americans take for granted that government does not have the right to permanently seize private property without just compensation. Yet for much of American history, such a view constituted the weaker side of an ongoing argument about government sovereignty and individual rights. What brought about this drastic shift in legal and political thought?

Daniel W. Hamilton locates that change in the crucible of the Civil War. In the early days of the war, Congress passed the First and Second Confiscation Acts, authorizing the Union to seize private property in the rebellious states of the Confederacy, and the Confederate Congress responded with the broader Sequestration Act. The competing acts fueled a fierce, sustained debate among legislators and lawyers about the principles underlying alternative ideas of private property and state power, a debate which by 1870 was increasingly dominated by today’s view of more limited government power.

Through its exploration of this little-studied consequence of the debates over confiscation during the Civil War, The Limits of Sovereignty will be essential to an understanding of the place of private property in American law and legal history.

An unprecedented account of social stratification within the US legal profession.

How do race, class, gender, and law school status condition the career trajectories of lawyers? And how do professionals then navigate these parameters?

The Making of Lawyers’ Careers provides an unprecedented account of the last two decades of the legal profession in the US, offering a data-backed look at the structure of the profession and the inequalities that early-career lawyers face across race, gender, and class distinctions. Starting in 2000, the authors collected over 10,000 survey responses from more than 5,000 lawyers, following these lawyers through the first twenty years of their careers. They also interviewed more than two hundred lawyers and drew insights from their individual stories, contextualizing data with theory and close attention to the features of a market-driven legal profession.

Their findings show that lawyers’ careers both reflect and reproduce inequalities within society writ large. They also reveal how individuals exercise agency despite these constraints.