American Law and the Constitutional Order

This is the standard reader in American law and constitutional development. The selections demonstrate that the legal order, once defined by society, helps in molding the various forces of the social life of that society. The essays cover the entire period of the American experience, from the colonies to postindustrial society.Additions to this enlarged edition include essays by Michael Parrish on the Depression and the New Deal; Abram Chayes on the role of the judge in public law litigation; David Vogel on social regulation; Harry N. Scheiber on doctrinal legacies and institutional innovations in the relation between law and the economy; and Lawrence M. Friedman on American legal history.

Preface to the Enlarged Edition
Preface to the First Edition
American Legal Culture
The Law in United States History
Notes Toward a History of American Justice
Studies in Colonial Law
King's Law and Local Custom in Seventeenth-Century New England
The Legal Heritage of Plymouth Colony
The Politics of Law in Colonial America: Controversies Over Chancery Courts and Equity Law in the Eighteenth Century
Law and the Enforcement of Morals in Early America
The Revolution and the New Constitutional Order
Popular Uprisings and Civil Authority in Eighteenth-Century America
Federalism and the Constitution: The Original Understanding
Liberty and the First Amendment: 1790-1800
Law and the Economy in Ante-bellum America
The Release of Energy
An Overview of American Land Policy
Property Law, Expropriation, and Resource Allocation by Government, 1789-1910
The Transformation in the Conception of Property in American Law, 1780-1860
The Law of the Commonwealth and Chief Justice Shaw
Crime, Criminal Justice, and Violence
Emerging Notions of Modern Criminal Law in the Revolutionary Era: An Historical Perspective
Violence and Vigilantism in American History
Urbanization and Criminal Violence in the Nineteenth Century: Massachusetts as a Test Case
Slavery and the Civil War
Chattels Personal
The American Civil War as a Constitutional Crisis
The New Legal Order: Reconstruction and the Gilded Age
The Reconstruction of Federal Judicial Power, 1863-1876
Justice Field and the Jurisprudence of Government-Business Relations: Some Parameters of Laissez Faire Constitutionalism, 1863-1897
Progressivism and the Law
Social Change and the Law of Industrial Accidents
Legal Progressivism, the Courts, and the Crisis of the 1890s
Crime and Social Control in the Twentieth Century
Behavior Modification in Total Institutions: An Historical Overview
Urban Crime and Criminal Justice: The Chicago Case
Race Relations and the Law
Negro Involuntary Servitude in the South, 1865-1940: A Preliminary Analysis
Moorfield Storey and the Struggle for Equality
Earl Warren and the Brown Decision
The Bar and the New jurisprudence
Lawyers and Clients in the Twentieth Century
American jurisprudence between the Wars: Legal Realism and the Crisis of Democratic Theory
Restructuring the Legal Order: The New Deal Era
The Great Depression, the New Deal, and the American Legal Order
The Modern Legal Order: Public Law, the New Property, and the Regulatory State
The New Property
The Role of the Judge in Public Law Litigation
The "New" Social Regulation in Historical and Comparative Perspective
The Study of Constitutional and Legal History
Doctrinal Legacies and Institutional Innovations: Law and the Economy in American History
American Legal History: Past and Present
Notes
Contributors
Table of Contents provided by Publisher. All Rights Reserved.

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American Law and the Constitutional Order

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