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276 books match the query 'Legal History' and 10 start with w

cover of Wasting a Crisis: Why Securities Regulation Fails

Wasting a Crisis

Why Securities Regulation Fails

Paul G. Mahoney

University of Chicago Press, 2015

The recent financial crisis led to sweeping reforms that inspired countless references to the financial reforms of the New Deal. Comparable to the reforms of the New Deal in both scope and scale, the 2,300-page Dodd-Frank Act of 2010—the main regulatory reform package introduced in the United States—also shared with New Deal reforms the assumption that the underlying cause of the crisis was misbehavior by securities market participants, exacerbated by lax regulatory oversight.

With Wasting a Crisis, Paul G. Mahoney offers persuasive research to show that this now almost universally accepted narrative of market failure—broadly similar across financial crises—is formulated by political actors hoping to deflect blame from prior policy errors. Drawing on a cache of data, from congressional investigations, litigation, regulatory reports, and filings to stock quotes from the 1920s and ’30s, Mahoney moves beyond the received wisdom about the financial reforms of the New Deal, showing that lax regulation was not a substantial cause of the financial problems of the Great Depression. As new regulations were formed around this narrative of market failure, not only were the majority largely ineffective, they were also often counterproductive, consolidating market share in the hands of leading financial firms. An overview of twenty-first-century securities reforms from the same analytic perspective, including Dodd-Frank and the Sarbanes-Oxley Act of 2002, shows a similar pattern and suggests that they too may offer little benefit to investors and some measurable harm.
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cover of Water in the Hispanic Southwest: A Social and Legal History, 1550-1850

Water in the Hispanic Southwest

A Social and Legal History, 1550-1850

Michael C. Meyer

University of Arizona Press, 1984

When Spanish conquistadores marched north from Mexico's interior, they encountered one harsh reality that eclipsed all others: the importance of water in an arid land. Covering a time when legal precedents were being set for many water rights laws, this study contributes much to an understanding of the modern Southwest, especially disputes involving Indian water rights. The paperback edition includes a new afterword by the author which discusses the results of recent research.
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cover of West of Sex: Making Mexican America, 1900-1930

West of Sex

Making Mexican America, 1900-1930

Pablo Mitchell

University of Chicago Press, 2012

Sex can be an oppressive force, a tool to shame, divide, and control a population. But it can also be a force for change, for the legal and physical challenge of inequity and injustice. In West of Sex, Pablo Mitchell uses court transcripts and criminal cases to provide the first coherent picture of Mexican-American sexuality at the turn of the twentieth century, and a truly revelatory look at sexual identity in the borderlands.

As Mexicans faced a rising tide of racial intolerance in the American West, some found cracks in the legal system that enabled them to assert their rights as full citizens, despite institutional hostility. In these chapters, Mitchell offers a rare glimpse into the inner workings of ethnicity and power in the United States, placing ordinary Mexican women and men at the center of the story of American sex, colonialism, and belonging.

Other chapters discuss topics like prostitution, same-sex intimacy, sexual violence, interracial romance, and marriage with an impressive level of detail and complexity. Written in vivid and accessible prose, West of Sex offers readers a new vision of sex and race in American history.

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cover of When Charlie Met Joan: The Tragedy of the Chaplin Trials and the Failings of American Law

When Charlie Met Joan

The Tragedy of the Chaplin Trials and the Failings of American Law

Diane Kiesel

University of Michigan Press, 2025

A 2026 PROSE Award Category Winner for Biography and Autobiography

Charlie Chaplin, the silent screen’s “Little Tramp,” was beloved by millions of movie fans until he starred in a series of salacious, real-life federal courtroom dramas. The 1944 trial was described by ace New York Daily News reporter Florabel Muir as “the best show in town.” The leading lady was a woman under contract to his studio—red-haired ingénue Joan Barry, Chaplin’s protégée and former mistress. Although he beat the federal criminal trial, Chaplin lost a paternity case and had to pay child support despite blood type evidence that proved he was not the child’s father. 

A decade later during the Cold War, the U.S. government used the Barry trials as an excuse to bar the left-leaning, sexually adventurous, British-born comic from the country he had called home for forty years. Not only did these trials have a lasting impact on law; they also raise concerns about the power of celebrity, Cold War politics, the media frenzy surrounding high-profile court proceedings, and the sorry history of the casting couch. When Charlie Met Joan examines these trials from the perspective of both parties, asking whether Chaplin was unfairly persecuted by the government because of his left-leaning political beliefs, or if he should have been held more accountable for his cavalier treatment of Barry and other women in his life.

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cover of Who Deserves to Die?: Constructing the Executable Subject

Who Deserves to Die?

Constructing the Executable Subject

Austin Sarat

University of Massachusetts Press, 2011

How do we select those who will be subject to capital punishment? How do we identify the worst of the worst and decide who among them can and should be executed? Today these questions are more pressing than they have ever been. As the number of people sentenced to death and executed declines in the United States, those who are executed stand out as distinctive kinds of criminals, distinctive kinds of people. Does a death sentence affirm or deny their humanity? Is such a sentence an act of revenge or a carefully calculated act of justice?

These are more than questions for policy and law. They are one way of getting a handle on how our culture understands what makes life worth preserving and of delving into its complex calculus of punishment and retribution. Who Deserves to Die? brings together a distinguished group of death penalty scholars to assess the forms of legal subjectivity and legal community that are supported and constructed by the doctrines and practices of punishment by death in the United States. They help us understand what we do and who we become when we decide who is fit for execution.

In addition to the editors, contributors include Vanessa Barker, Thomas L. Dumm, Daniel Markel, Linda Meyer, Ruth A. Miller, Ravit Reichman, Susan R. Schmeiser, Mateo Taussig-Rubbo, and Robert Weisberg.

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cover of Wisconsin and the Shaping of American Law

Wisconsin and the Shaping of American Law

Joseph A. Ranney

University of Wisconsin Press, 2017

State laws affect nearly every aspect of our daily lives—our safety, personal relationships, and business dealings—but receive less scholarly attention than federal laws and courts. Joseph A. Ranney looks at how state laws have evolved and shaped American history, through the lens of the historically influential state of Wisconsin.

Organized around periods of social need and turmoil, the book considers the role of states as legal laboratories in establishing American authority west of the Appalachians, in both implementing and limiting Jacksonian reforms and in navigating legal crises before and during the Civil War—including Wisconsin's invocation of sovereignty to defy federal fugitive slave laws. Ranney also surveys judicial revolts, the reforms of the Progressive era, and legislative responses to struggles for civil rights by immigrants, women, Native Americans, and minorities in the nineteenth and twentieth centuries. Since the 1960s, battles have been fought at the state level over such issues as school vouchers, voting, and abortion rights.

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cover of Wives Not Slaves: Patriarchy and Modernity in the Age of Revolutions

Wives Not Slaves

Patriarchy and Modernity in the Age of Revolutions

Kirsten Sword

University of Chicago Press, 2021

Wives not Slaves begins with the story of John and Eunice Davis, a colonial American couple who, in 1762, advertised their marital difficulties in the New Hampshire Gazette—a more common practice for the time and place than contemporary readers might think. John Davis began the exchange after Eunice left him, with a notice resembling the ads about runaway slaves and servants that were a common feature of eighteenth-century newspapers. John warned neighbors against “entertaining her or harbouring her. . . or giving her credit.” Eunice defiantly replied, “If I am your wife, I am not your slave.” With this pointed but problematic analogy, Eunice connected her individual challenge to her husband’s authority with the broader critiques of patriarchal power found in the politics, religion, and literature of the British Atlantic world.

Kirsten Sword’s richly researched history reconstructs the stories of wives who fled their husbands between the mid-seventeenth and early nineteenth centuries, comparing their plight with that of other runaway dependents.  Wives not Slaves explores the links between local justice, the emerging press, and transatlantic political debates about marriage, slavery and imperial power. Sword traces the relationship between the distress of ordinary households, domestic unrest, and political unrest, shedding new light on the social changes imagined by eighteenth-century revolutionaries, and on the politics that determined which patriarchal forms and customs the new American nation would—and would not—abolish.
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cover of Women, Money, and the Law: Nineteenth-Century Fiction, Gender, and the Courts

Women, Money, and the Law

Nineteenth-Century Fiction, Gender, and the Courts

Joyce W. Warren

University of Iowa Press, 2005

Did 19th-century American women have money of their own? To answer this question, Women, Money, and the Law looks at the public and private stories of individual women within the context of American culture, assessing how legal and cultural traditions affected women's lives, particularly with respect to class and racial differences, and analyzing the ways in which women were involved in economic matters. Joyce Warren has uncovered a vast, untapped archive of legal documents from the New York Supreme Court that had been expunged from the official record. By exploring hundreds of court cases involving women litigants between 1845 and 1875--women whose stories had, in effect, been erased from history--and by studying the lives and works of a wide selection of 19th-century women writers, Warren has found convincing evidence of women's involvement with money. The court cases show that in spite of the most egregious gender restrictions of law and custom, many 19th-century women lived independently, coping with the legal and economic restraints of their culture while making money for themselves and often for their families as well. They managed their lives and their money with courage and tenacity and fractured constructed gender identities by their lived experience. Many women writers, even when they did not publicly advocate economic independence for women, supported themselves and their families throughout their writing careers and in their fiction portrayed the importance of money in women's lives. Women from all backgrounds--some defeated through ignorance and placidity, others as ruthless and callous as the most hardened businessmen--were in fact very much a part of the money economy. Together, the evidence of the court cases and the writers runs counter to the official narrative, which scripted women as economically dependent and financially uninvolved. Warren provides an illuminating counternarrative that significantly questions contemporary assumptions about the lives of 19th-century women. Women, Money, and the Law is an important corrective to the traditional view and will fascinate scholars and students in women's studies, literary studies, and legal history as well as the general reader.
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cover of Worse than the Devil: Anarchists, Clarence Darrow, and Justice in a Time of Terror

Worse than the Devil

Anarchists, Clarence Darrow, and Justice in a Time of Terror

Dean A. Strang

University of Wisconsin Press, 2013

In 1917 a bomb exploded in a Milwaukee police station, killing nine officers and a civilian. Those responsible never were apprehended, but police, press, and public all assumed that the perpetrators were Italian. Days later, eleven alleged Italian anarchists went to trial on unrelated charges involving a fracas that had occurred two months before. Against the backdrop of World War I, and amidst a prevailing hatred and fear of radical immigrants, the Italians had an unfair trial. The specter of the larger, uncharged crime of the bombing haunted the proceedings and assured convictions of all eleven. Although Clarence Darrow led an appeal that gained freedom for most of the convicted, the celebrated lawyer's methods themselves were deeply suspect. The entire case left a dark, if hidden, stain on American justice.

Largely overlooked for almost a century, the compelling story of this case emerges vividly in this meticulously researched book by Dean A. Strang. In its focus on a moment when patriotism, nativism, and terror swept the nation, Worse than the Devil exposes broad concerns that persist even today as the United States continues to struggle with administering criminal justice to newcomers and outsiders.
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cover of Worse than the Devil: Anarchists, Clarence Darrow, and Justice in a Time of Terror

Worse than the Devil

Anarchists, Clarence Darrow, and Justice in a Time of Terror

Dean A. Strang

University of Wisconsin Press, 2016

In 1917 a bomb exploded in a Milwaukee police station, killing nine officers and a civilian. Days later, a trial began for eleven Italian immigrants who had already been in jail for months for an unrelated riot. The specter of the bombing, for which no one had been arrested, haunted the proceedings. Against the backdrop of World War I and amid a prevailing hatred and fear of radical immigrants and anarchists, the Italians had an unfair trial. Famed attorney Clarence Darrow led an appeal that gained freedom for most of the convicted, but his own methods were deeply suspect. The entire case left a dark, though largely forgotten, stain on American justice.
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