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276 books match the query 'Legal History' and 3 start with u

cover of Under Cover of Science: American Legal-Economic Theory and the Quest for Objectivity

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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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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cover of Unsettling Sovereignty: International Law, Nuclear Weapons, and US Extraterritorial Power in Postwar Oceania

Unsettling Sovereignty

International Law, Nuclear Weapons, and US Extraterritorial Power in Postwar Oceania

M. X. Mitchell

University of Chicago Press, 2026

Marshall Islanders and their ancestral lands and waters played important roles in reshaping the United States’ offshore power, state sovereignty, and the international politics of decolonization.

In the years following World War II, the United States conducted sixty-seven devastating nuclear blasts in the Marshall Islands—yet the archipelago was never a US territory. Working through the United Nations, US diplomats engineered a new, one-of-a-kind extraterritorial status, called strategic trusteeship, to control the Native lands, waters, and peoples of the Marshall, Caroline, and Northern Mariana Islands. Strategic trusteeship permitted the US to militarize a vast expanse of Western Oceania. This novel and racialized legal form of international dependency was integral to US nuclear weapons detonations and damage in the region.

In Unsettling Sovereignty, M. X. Mitchell recounts this untold legal history, exploring how nuclear weapons changed claims and practices of sovereignty from the 1940s to the present. US nuclear blasting in the Marshall Islands troubled conventional renderings of state sovereignty under international law. The explosions, disastrous for Marshallese communities and their ancestral atolls, also caused hazardous nuclear fallout, which spread around the globe. Islanders and their allies turned to law, using legal wrangling over blasting and fallout to raise new questions about the location, time, and subjects of state violence in a period of decolonization; the intersections between race, Indigeneity, and wide-scale technogenic harm; and the pitfalls and unfulfilled promises of international law. Mitchell shows that the Marshallese people and their lands and waters were, and remain, central to redefining sovereignty in an era of boundless pollution and climate change.

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