Table of contents for American legal history : cases and materials / Kermit L. Hall, Paul Finkelman, James W. Ely, Jr.


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Preface
1. LAW IN THE MORNING OF AMERICA: THE BEGINNINGS OF AMERICAN LAW, TO 1760
The English Heritage and Magna Charta
Magna Charta (1215)
Note: Due Process and the Law of the Land
Note: The Reformation and Tudor England
The Virginia Colony
Dale's Laws (1611)
The Beginnings of Constitutionalism in America
The Mayflower Compact (1620)
John Winthrop, "A Model of Christian Charity" (1629)
Note: Roger Williams and Religious Liberty
Roger Williams, "The Bloudy Tenent of Persecution for Cause of Conscience" (1644)
Roger Williams to The Town of Providence (1655)
The Laws of Liberties of Massachusetts (1648)
The Rhode Island Patent (1643)
Note: England's Civil War
The Post-Restoration Colonial Governments
The Fundamental Constitutions of Carolina (1669)
William Penn, First Frame of Government (1682)
The New-York Charter of Libertyes (1683)
The Glorious Revolution
Note: The Case of the Seven Bishops (1688)
The English Bill of Rights (1689)
John Locke, "Second Treatise of Civil Government" (1690)
The Sources of Law in America
Note: Reception of the Common Law
William Blackstone on Reception (1765)
Giddings v. Brown (1657)
Law and Colonial Society
Morality and Colonial Law
"A Horrible Case of Beastiality," Plymouth Colony (1642)
Marriage, Women, and the Family
William Blackstone on Women in the Eyes of the Law (1765)
Note: Women and the Law in the Colonial Era
An Act Concerning Feme-Sole Traders (1718)
Widows of New York and Taxes
Children, Apprenticeship, Education
Virginia Apprenticeship Statute (1646)
Children's Education in Plymouth (1685)
White Indentured Servitude
In re Wm. Wootton and John Bradye (1640)
South Carolina Servant Regulations (1761)
Slavery
In re John Punch (1640)
In re Emanuel (1640)
Re Mulatto (1656)
Re Edward Mozingo (1672)
Moore vs. Light (1673)
Against Runaway Servants, Act XVI (1657-8)
How Long Servants Without Indentures Shall Serve, Act XVIII (1657-1658)
An Act for the Dutch and All Other Strangers for Trading to This Place, Act XVI (1659-1660)
Run-aways, Act CII (1661-1662)
Negro Womens Children to Serve According to the Condition of the Mother, Act XII (1662)
An Act Declaring that Baptisme of Slaves Doth Not Exempt Them from Bondage, Act II (1667)
An Act About the Casual Killing of Slaves, Act I (1669)
An Act For Preventing Negro Insurrections, Act X (1680)
The Germantown Protest Against Slavery (1688)
South Carolina Slave Code (1740)
The New York "Negro Plot" (1741)
Colonial Welfare Systems
An Act for the Relief of the Poor (1742)
Note: Colonial Workfare
Class Legislation and Sumptuary Laws
Note: Class and Status in Early America
Democracy and Deference
The Incident of the Roxbury Carters (1705)
Law and the Colonial Economy
The Laws and Liberties of Massachusetts (1648)
The Laws of South Carolina (1734)
Early Criminal Law
The Salem Witch Trials (1692)
Increase Mather, "Cases of Conscience Concerning Evil Spirits Personating Men" (1692)
Cotton Mather, The Wonders of the Invisible World (1693)
Politics and Criminal Law: Toward a New America
The Zenger Trial (1735)
2. LAW IN A REPUBLICAN REVOLUTION, 1760-1815
The American Revolution
Jonathan Mayhew, "Unlimited Submission and Non-resistance to the Higher Powers" (1750)
Note: Litigation and the Coming of the Revolution
James Otis, "The Rights of the British Colonies" (1764)
William Blackstone on the Imperial Constitution (1765)
The Declaratory Act (1766)
The Declaration and Resolves of the Continental Congress (1774)
Tom Paine, Common Sense (1776)
The Declaration of Independence (1776)
Republican State Constitutionalism
The Virginia Declaration of Rights (1776)
The People the Best Governors (1776)
Note: The Pennsylvania Constitution of 1776
Slavery and the New Nation
Somerset v. Stewart (1772)
The Pennsylvania Gradual Abolition Act (1780)
Massachusetts Constitution of 1780
Commonwealth v. Jennison (1783)
Virginia Manumission Act
North Carolina Statute on Slave Murder
Thomas Jefferson on Slavery, Notes on the State of Virginia (1784)
Religion
The Virginia Statute for Religious Freedom (1786)
New Hampshire Constitution (1784)
Religion and Law Reform
Thomas Jefferson, Notes on the State of Virginia (1785)
Republican National Constitutionalism
The Articles of Confederation (1781)
The Philadelphia Convention (1787)
Debating the Constitution
Antifederalist Critiques of the Constitution: Elbridge Gerry's Report on the Constitution as Printed in Massachusetts Centinel (1787)
Federalist, Number 10 (1787)
Federalist, Number 78 (1788)
The Northwest Ordinance (1787)
The New Republic
The Bill of Rights
James Madison, "Property" (1792)
Hamilton Versus Madison on Presidential Power (1793)
George Washington, Farewell Address (1796)
The Sedition Act (1798)
The Virginia and Kentucky Resolutions (1798-1799)
Thomas Jefferson, First Inaugural Address (1801)
Courts and Judges in the New Nation
The Judiciary Act (1789)
Jefferson versus Hamilton on the Bank of the United States (1791)
Calder v. Bull (1798)
Marbury v. Madison (1803)
3. THE ACTIVE STATE AND THE MIXED ECONOMY, 1812-1860
The Golden Age of American Law
Commerce, Legislative Promotion, and Law in the New Republic
The New York Steamboat Monopoly and the Federal Commerce Power
Livingston v. Van Ingen (1812)
Note: The Mix of Economies, Politics, and Law
Gibbons v. Ogden (1824)
Note: The Effect of Gibbons
The Second Bank of the United States
McCulloch v. Maryland (1819)
Note: A Court Opinion as Political Theory
Andrew Jackson, Veto Message (1832)
Note: Jacksonian Economics
Note: A Federal Common Law
Note: Canals, Internal Improvements, and the States
State Constitutions and the Active State
Ohio Constitution (1851)
Mississippi Constitution (1817)
Mississippi Constitution (1832)
Substantive Law and Economic Growth
The Advent of the Corporation
Dartmouth College v. Woodward (1819)
Note: The Politics of the Dartmouth College Case
Charles River Bridge Company v. Warren Bridge Company (1837)
Note: The Limited Liability of Stockholders
Labor in an Industrializing Society
Note: The Traditional Theory of Labor Conspiracy
Commonwealth v. Hunt (1842)
Note: The Fellow Servant Rule
Farwell v. The Boston and Worcester Railroad Co. (1842)
Note: Chief Justice Shaw and Labor
Note: Fellow Servants and Slaves
Property
Van Ness v. Pacard (1829)
Note: Eminent Domain
Parham v. The Justices of Decatur County (1851)
Barron v. Baltimore (1833)
Joesph Angell, A Treatise on the Law of Watercourses (1854)
Note: Water Rights in the East
Cary v. Daniels (1844)
Note: Water Rights in the West
Walter Prescott Webb, The Great Plains (1931)
Irwin v. Phillips, et al. (1855)
Note: Law and Westward Migration
The Growth of Contract Law in the Nineteenth Century
Seixas and Seixas v. Woods (1804)
McFarland v. Newman (1839)
Icar v. Suares (1835)
Seymour v. Delancey, et al. (1824)
Note: Contracts and the Emerging Speculative Economy
Note: Contracts and the Federal Constitution
The Evolution of Modern Tort Law
Spencer v. Campbell (1845)
Brown v. Kendall (1850)
Note: The Emergence of Negligence
Note: Toward the Future
Ryan v. New York Central Railroad Co. (1866)
Fent et al. v. Toledo, Peoria & Warsaw Railway Co. (1871)
An Act to Establish the Responsibility of Railroad Corporations, Companies, and Persons Owning or Operating Railroads, for Damages by Fires Communicated by Locomotive Engines (1887)
Note: Wrongful Death and Tort Law
4. SLAVERY, THE CIVIL WAR, RECONSTRUCTION, AND SEGREGATION
Slavery and State Law
Race and the Law of Negro Slavery
Thomas R.R. Cobb, An Inquiry into the Law of Negro Slavery (1858)
The Power of the Master over the Slave
State v. Mann (1829)
Note: Harriet Beecher Stowe on Southern Judges
Souther v. Commonwealth (1851)
State v. Hoover (1839)
Mitchell v. Wells (1859)
Note: The Somerset Precedent in America
Slavery and the Constitution
The Problem of Fugitive Slaves
Prigg v. Pennsylvania (1842)
Note: Prigg and the Use of History
Note: Prigg and Its Aftermath
Note: Northern States'-Rights Arguments
Slavery, the Territories, and Interstate Comity
Dred Scott v. Sandford (1857)
Note: The Reaction to Dred Scott
Abraham Lincoln, "House Divided" Speech (1858)
Note: The Next Dred Scott Decision
Secession and Constitutional Theory
South Carolina Ordinance of Nullification (1832)
President Jackson's Proclamation Regarding Nullification (1832)
Nullification and Succession
Declaration of the Immediate Causes Which Induce and Justify the Secession of South Carolina (1860)
Abraham Lincoln, First Inaugural Address (1861)
The Civil War and Emancipation
Abraham Lincoln, The Emancipation Proclamation (1863)
Note: The Effect of the Emancipation Proclamation
Abraham Lincoln, Second Inaugural Address (1865)
Reconstruction and Its Aftermath: Political Change, Black Freedom, and the Nadir of Black Rights
Political Change
Articles of Impeachment of Andrew Johnson (1868)
Note: The Courts and the Politics of Reconstruction
Black Freedom
Mississippi Black Codes (1865)
An Act to Protect All Persons in the United States in Their Civil Rights, and Furnish Means of Their Vindication (1866)
Note: The Civil Rights Act and the Fourteenth Amendment
Note: Andrew Johnson's Veto of the 1866 Civil Rights Act
Note: The Freedmen's Bureau
Note: The Civil Rights Act of 1875
The End of Civil Rights
The Slaughterhouse Cases (1873)
Note: The Slaughterhouse Legacy
Note: Civil Rights Cases (1883)
Race and Segregation in Nineteenth-Century Law and Society
Roberts v. The City of Boston (1850)
Note: Free Blacks and the Law
Plessy v. Ferguson (1896)
Note: Separate But Equal in the North
Segregation on the Eve of a New Century (1898)
5. NINETEENTH-CENTURY LAW AND SOCIETY, 1800-1900
Race
Native Americans
Cherokee Nation v. Georgia (1831)
Note: The Federal Government and Native Americans
Lone Wolf v. Hitchcock (1903)
Asians
Yick Wo v. Hopkins (1886)
Note: The Chinese and Jim Crow
Note: Chinese Exclusion
United States v. Wong Kim Ark (1898)
Note: Gentlemen's Agreement (1907)
Oregon v. Charley Lee Quong, Ah Lee, and Lee Jong (1879)
Latinos and Hispanics
California ex. rel. M. M. Kimberly v. Pablo de la Guerra (1870)
Gender and Domestic Relations
The Rights of Women
"The Seneca Falls Declaration of Sentiments" (1848)
The New York Married Women's Property Acts (1848)
Note: Married Women and the Law
Bradwell v. Illinois (1873)
Minor v. Happersett (1875)
Note: the Case of United States v. Susan B. Anthony (1873)
Marriage and Divorce
Joel P. Bishop, "The Nature of Marriage and How Defined" (1881)
Wightman v. Coates (1833)
Reynolds v. United States (1879)
Note: Divorce
Waldron v. Waldron (1890)
Birth Control and Abortion
State v. Slagle (1880)
Note: Abortion and the Quickening Doctrine
People v. Sanger (1918)
Crime and Criminal Justice
Crime and Punishment
Cesare Beccaria, On Crimes and Punishments (1764)
Charles Loring Brace, "The Causes of Crime" (1880)
Note: The Police and the Prison
The Excuse of Crime
State v. Felter (1868)
Note: Insanity Tests
Bill Bell v. The State (1885)
Note: The South and Self-Defense
Late-Nineteenth-Century Crime and Morality
People v. Plath (1885)
The Federal Government, Crime, and Morality
Ex parte Jackson (1877)
Note: Morality and Free Speech
6. LAWYERS AND THE RISE OF THE REGULATORY STATE, 1850-1920
The Lawyer in American Society
Alexis de Tocqueville on Lawyers and Judges (1835)
Legal Education
Christopher C. Langdell, A Selection of Cases on the Law of Contracts (1871)
Note: Critics of Langdellian Assumptions
Legal Theory in the Late Nineteenth Century
Thomas M. Cooley, A Treatise on the Constitutional Limitations which Rest upon the Legislative
Note: Social Tension in the 1890s
Christopher G. Tiedemann, A Treatise on the Limitations of Police Power in the United States (1886)
Oliver Wendell Holmes, Jr., The Common Law (1881)
Oliver Wendell Holmes, Jr., "The Path of the Law" (1897)
The Growth of Economic Regulation
Property Rights and Police Power
David J. Brewer, "Protection to Private Property from Public Attack" (1891)
State Regulation and the Public Interest
States and Labor Law
New Jersey Child Labor Act (1851)
Illinois Criminal Syndicalism Act (1887)
New York Worker's Compensation Act (1910)
Worker's Compensation and the Question of Causation
Ives v. South Buffalo Railway Co. (1911)
Eminent Domain
Colorado Constitution (1876)
Note: The Evolution of Takings Jurisprudence
Federal Regulation and the Public Interest
The Interstate Commerce Commission
Interstate Commerce Act (1887)
Note: Judicial Reaction to the Interstate Commerce Commission
Trustbusting: The Statutory Basis
Sherman Anti-Trust Act (1890)
Federal Commerce Power
United States v. E.C. Knight & Co. (1895)
Note: Anti-Trust Law in the Progressive Era
Populist Platform Adopted at St. Louis (1892)
Taxation of Income
Joesph H. Choate, Arguments for Appellant in the Income Tax Cases (Pollock v. Farmers' Loan and Trust Co.) (1895)
Judicial Reaction to the Regulatory State
The Origins of Substantive Due Process
Wynehamer v. The People (1856)
Bond Repudiation and Judicial Review
The Bradley Dissent in Slaughterhouse
The Slaughterhouse Cases (1873)
Reaffirmation of the Police Power
Munn v. Illinois (1877)
Note: Federal Judicial Review of State Rate Regulations
Substantive Due Process in the State Courts
In re Jacobs (1885)
Note: Substantive Due Process and Corporations
Note: The Labor Injunction
Federal Police Power and Labor
In re Debs (1895)
Note: Labor and the Law
Liberty of Contract
Allgeyer v. Louisiana (1897)
Liberty of Contract and Workplace Regulation
Holden v. Hardy (1898)
Lochner v. New York (1905)
Muller v. Oregon (1908)
Toward a Federal Police Power
Champion v. Ames (1903)
Note: The Growth of Federal Police Power
Note: Child Labor
7. TOTAL WAR, CIVIL LIBERTIES, AND CIVIL RIGHTS
Individual Rights in a Changing Culture
Louis D. Brandeis and Samuel D. Warren, "The Right to Privacy" (1890)
World War I and Civil Liberties
The Suppression of Dissent During World War I
Paul Murphy, World War I and the Origins of Civil Liberties in the United States (1979)
Censorship During World War I
Schenck v. United States (1919)
Note: Debs v. United States (1919)
Abrams et al. v. United States (1919)
Note: The Abrams Dissent
Radicals and Civil Liberties
Note: Civil Liberties and Fourteenth Amendment Incorporation
Whitney v. California (1927)
World War II and Legal Developments
The Flag Salute Cases
West Virginia State Board of Education v. Barnette (1943)
The Japanese Internment
Note: Executive Order-No. 9066
Hirabayashi v. United States (1943)
Korematsu v. United States (1944)
Note: Ex parte Endo (1944)
Note: The Internment Cases a Generation Later
Civil Liberties and Criminal Justice in Crisis Times
The Emergence of Criminal Due Process
Weeks v. United States (1914)
Olmstead v. United States (1928)
Note: Prohibition and the Law
Crime in the Cities
Roscoe Pound and Felix Frankfurter, Criminal Justice in Cleveland (1922)
Civil Rights and Racial Justice
Race and the Franchise
Race and Education
Missouri ex rel. Gaines v. Canada (1938)
Note: Beyond Gaines
Racial Justice and Criminal Law
James Harmon Chadbourn, "Lynching and the Administration of Justice" (1933)
Note: Lynching and Federal Law
Note: Black Rights, Southern Justice, and the Supreme Court
8: THE RISE OF LEGAL LIBERALISM, ECONOMIC REFORM, AND THE NEW DEAL, 1900-1945
Sociological Jurisprudence, the American Law Institute, and Legal Realism
Oliver Wendell Holmes, Jr., "Law and the Court" (1913)
Note: Oliver Wendell Holmes, Jr., and Judging
Louis D. Brandeis, "Brief for the Defendant in Error," Muller v. Oregon (1907)
The American Law Institute
Elihu Root, "Report of the Committee," American Law Institute (1923)
Note: The American Law Institute and the Restatements
Legal Realism
Jerome Frank, Law and the Modern Mind (1936)
Note: Legal Realism
The New Deal and the Rise of Legal Liberalism
The State and Federal Legislative Response
The Supreme Court and the New Deal
Schechter v. United States (1935)
United States v. Butler (1936)
FDR's Court-Packing Plan
Franklin Roosevelt, Fireside Chat on the "Court-Packing" Bill (1937)
Note: The Fate of FDR's Court-Packing Plan
The Retreat from Economic Substantive Due Process
West Coast Hotel v. Parrish (1937)
Note: The Decline of Substantive Due Process
Ordered Liberty, Preferred Positions, and Selective Incorporation
Palko v. Connecticut (1937)
Note: Carolene Products and Preferred Positions
Footnote 4: United States v. Carolene Products Co. (1938)
The Limits of Federal Judicial Power
Note: The Fate of Erie
9. RIGHTS, LIBERTY, AND SCIENCE IN MODERN AMERICA
Civil Rights
Race
Brown v. Board of Education of Topeka, Kansas (1954)
"Southern Declaration on Integration" (1956)
Note: Race and the Constitution
Martin Luther King, Jr., "Letter from Birmingham City Jail" (1963)
Civil Rights Act of 1964
Affirmative Action
Regents of the University of California v. Bakke (1978)
Note: The Future of Affirmative Action in Education
City of Richmond v. J. A. Croson Company (1989)
Note: The Aftermath of Croson
Gender
Griswold v. Connecticut (1965)
Note: The Debate in Griswold
Roe v. Wade (1973)
Note: The Future of Roe
Johnson v. Transportation Agency, Santa Clara County (1987)
Note: Affirmative Action and Sexual Harassment
Sexual Orientation
Romer v. Evans (1996)
Same-Sex Marriages
Baker v. State (1999)
Vermont Civil Union Act (2000)
Defense of Marriage Act
Civil Liberties
Dennis et al. v. United States (1951)
Note: Free Speech and Internal Security
New York Times v. Sullivan (1964)
Offensive Speech
Engel v. Vitale (1962)
Employment Division, Department of Human Resources of Oregon v. Smith (1990)
Note: Religious Freedom Restoration Act of 1993
Criminal Justice
Miranda v. Arizona (1966)
Note: The Supreme Court and Criminal Justice
Note: Surge in Incarceration
Science and Law
Definition of Death
In re Quinlan (1976)
Note: Right to Die
Surrogate Parenting
In re Baby M (1988)
The Challenge of DNA
Science and Environmental Law
TVA v. Hill (1978)
Note: The Fate of Hill
Cyberspace
Intel v. Hamidi (2003)
10. LAW AND THE ECONOMY IN MODERN AMERICA
Regulatory State
Deregulation
The Staggers Act (1980)
The Contours of Environmental Regulation
Howard Latin, "Ideal Versus Real Regulatory Efficiency: Implementation of Uniform Standards and 'Fine-Tuning' Regulatory Reforms" (1985)
Bruce A. Ackerman and Richard B. Stewart, "Reforming Environmental Law" (1985)
William J. Clinton, Executive Order 12866 (1993)
Anti-Trust Policy
Economic Activity
Contract
Williams v. Walker-Thomas Furniture Company (1965)
Torts
Greenman v. Yuba Power Products, Inc. (1962)
Fassoulas v. Ramey (1984)
Note: Legislative Reform of the Tort System
BMW of North America, Inc. v. Gore (1996)
Note: Beyond Gore
Note: Tobacco Litigation
Property
Lionshead Lake, Inc. v. Wayne Tp. (1952)
Note: Zoning
Eminent Domain
Hawaii Housing Authority v. Midkiff (1984)
Note: Eminent Domain beyond Midkiff
Regulatory Takings
Lucas v. South Carolina Coastal Council (1992)
Residential Leases
Javins v. First National Reality Corporation (1970)
Entitlements and "New Property"
New Federalism
Untied States v. Lopez (1995)
Note: New Directions in Commerce Clause Jurisprudence
Printz v. United States (1997)
11. LAW, POLITICS, AND TERROR
The Modern Presidency and Separation of Powers
New York Times Company v. United States, United States v. Washington Post Company (1971)
Note: The Modern Presidency
United States v. Nixon (1974)
Note: The Resignation of Richard Nixon
The Impeachment of Bill Clinton
House Committee on the Judiciary Resolutions of Impeachment Against William Jefferson Clinton, President of the United States, for High Crimes and Misdemeanors (1998)
The Senate Vote on President Clinton
Political Questions, the Presidential Election of 2000, and the Supreme Court
Bush v. Gore (2000)
Note: The Supreme Court Decision and the Political Process
President-Elect George W. Bush Addresses the Nation, December 13, 2000
Terror, Liberty, and the Presidency
Note: The USA PATRIOT Act of 2001
The Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT) Act of 2001, H.R. 3162 Section-by-Section Analysis
The USA PATRIOT ACT: For and Against
The USA PATRIOT ACT: Preserving Life and Liberty (2004)
American Civil Liberties Union, The USA PATRIOT ACT and Government Actions that Threaten Our Civil Liberties (2004)
Zelman v. Simmons-Harris (2002)
Note: Homeland Security Act
Appendix: The Constitution of the United States
Notes
Sources and Credits
Index of Cases



Library of Congress subject headings for this publication:
Law -- United States -- History -- Cases.