用户登陆搜 索 |
查看图书
图书目录:PREFACE TO THE FOURTH EDITION
PREFACE TO THE THIRD EDITION PREFACE TO THE SECOND EDITION PREFACE TO THE FIRST EDITION TABLE OF CASES TABLE OF AUTHORITIES Prologue. The English Heritage A. The King and the Chief Justice: James I and Sir Edward Coke B. The Trial of the Seven Bishops Chapter 1. The Emergence of the Theory of the Popular Will as the Basis of Law in the American Colonies: Legal and Constitutional Perspectives on the Ameri- can Revolution A. Introduction B. The Trial of John Peter Zenger for Seditious Libel C. The Writs of Assistance Case D. Moving Toward Revolution E. Towards Popular Sovereignty and Constitutionalism Chapter 2. Federalism Versus Republicanism in the Courts: Conceptions of National Law A. The Federalist Persuasion B. The First Federal Treason Trials C. The Federal Common Law of Crimes D. The Trials for Seditious Libel E. The Impeachment of Samuel Chase Chapter 3. Securing the Revolution of 1800 Through the Common Law A. The Law and American Democracy B. The Rise of the "Classical Theory" of Contracts C. Property: From Ascription to Utilization D. The Fall of Nuisance and Rise of Negligence E. The Evolution of the American Business Corporation Chapter 4. Law and Society in the Mid-Nineteenth Centu- ry A. The Nature of Nineteenth Century Law B. The Movement for an Elective Judiciary C. Slavery D. Crime and Justice in Nineteenth Century America E. Women and the Family in Nineteenth Century American Law Chapter 5. Competition and Labor Law in AnteBellum and Late Nineteenth Century America A. Differing Models for Economic Development (1808- 1837) B. The Case of the Philadelphia Cordwainers (1806) and the Devel- opment of Early American Labor Law C. Chief Justice Shaw on Labor Law D. The Trusts and the Sherman Act (1890) E. Industrial Strife: The Pullman Strike, Eugene V. Debs, And Workmen's Compensation Chapter 6. Law and Jttrisprudence for the Modern Indus- trial Age A. The Science of Law B. The New Deal and The Nine Old Men C. Legal Realism D. Beyond Legal Realism Chapter 7. Private Law Present and Future: Towards a Welfare State? A. The End of Contract as We Knew It? B. Late Twentieth-Century Torts Chapter 8. The Current Struggle for the Soul of American Law A. Introduction B. Law and Economics C. Critical Legal Studies D. Law and Literature E. Towards a Feminist Theory of Law F. Postmodern Neopragmatic Constitutional Law Appendix. Constitution of the United States of America INDEX PREFACE TO THE FOURTH EDITION PREFACE TO THE THIRD EDITION PREFACE TO THE SECOND EDITION PREFACE TO THE FIRST EDITION TABLE OF CASES TABLE OF AUTHORITIES Prologue. The English Heritage A. The King and the Chief Justice: James I and Sir Edward Coke B. The Trial of the Seven Bishops Chapter 1. The Emergence of the Theory of the Popular Will as the Basis of Law in the American Colonies: Legal and Constitutional Perspectives on the Ameri- can Revolution A. Introduction B. The Trial of John Peter Zenger for Seditious Libel C. The Writs of Assistance Case 1. The February Hearing II L. Kinvin Wroth and Hiller B. Zobel, Eds., Legal Papers of John Adams John Adams, "Abstract" of the Argument in the Writs of Assistance Case 2. The November, 1761 Hearing 3. Boston Gazette, 4 Jan. 1762 4. Enforcing the Writs After 1761: The Malcom-Sheaffe Episode M.H. Smith, the Writs of Assistance Case D. Moving Toward Revolution 2. A Middle View Oxenbridge Thacher, The Sentiments of a British American (1764). E. Towards Popular Sovereignty and Constitutionalism 1. The Pennsylvania Constitution of 1776 2. Thomas Jefferson, Notes on the State of Virginia (1781) 3. Jefferson's Notes on the State of Virginia (Continued) Chapter 2. Federalism Versus Republicanism in the Courts: Conceptions of National Law C. The Federal Common Law of Crimes 1. Jay's and Wilson's Jury Charges 2. Henfield's Trial 3. Worrall's Case 4. Virginia "Instruction" 5. The Supreme Court on the Federal Common Law D. The Trials for Seditious Libel United States v. Matthew Lyon United States v. Thomas Cooper United States v. James Thompson Callender James Morton Smith, Freedom's Fetters: The Alien and Sedition Laws and American Civil Liberties E. The Impeachment of Samuel Chase 2. The Politics of the Impeachment of Samuel Chase 3. The Text of the Impeachment Articles I Chase Trial 5-8 4. Chase's Answer to the Articles of Impeachment 5. Congressman Randolph's Opening Argument for the Con- viction of Justice Chase Chapter 3. Securing the Revolution of 1800 Through the Common Law A. The Law and American Democracy Honestus [Benjamin Austin, Jr.], Observations on the Pernicious Prac- tice of the Law, as Published Occasionally in the Independent Chronicle, in the Year 1786 Robert Rantoul, Jr., Oration at Scituate, Delivered on the Fourth of July, 1836 I Alexis De Tocqueville, Democracy in America B. The Rise of the "Classical Theory" of Contracts Searight v. Calbraith White v. Flora and Cherry Goulding v. Skinner C. Property: From Ascription to Utilization HI William Blackstone, Commentaries on the Laws of England Van Ness v. Pacard Parker v. Foote D. The Fall of Nuisance and Rise of Negligence Patten v. Halsted Gregory, Trespass to Negligence to Absolute Liability J.M. Love, The Election of Judges by the People for Short Terms of Office C. Slavery Kenneth Stampp, The Peculiar Institution Kenneth Stampp, The Peculiar Institution Eugene D. Genovese, Roll, Jordon, Roll: The World the Slaves Made Narrative of the Life of Frederick Douglass, An American Slave (1845) Tines Kenricks: Georgia Cato ~ Alabama Jenny Proctor: Alabama 2. Slavery in the State Courts Robert M. Cover, Justice Accused State v. Mann Commonwealth v. Ayes 3. The United States Supreme Court on Slavery Prigg v. Pennsylvania Scott v. Sandford D. Crime and Justice in Nineteenth Century America Edward L. Ayers, Vengeance and Justice: Crime and Punishment in the 19th Century American South Edward L. Ayers, Vengeance and Justice: Crime and Punishment in the 19th Century American South David J. Rothman, The Discovery of the Asylum: Social Order and Disorder in the New Republic Craig Haney, Criminal Justice and the Nineteenth Century Paradigm: The Triumph of Psychological Individualism in the "Formative Era" E. Women and the Family in Nineteenth Century American Law Maxwell Bloomfield, American Lawyers in a Changing Society The People ex rel. Barry v. Mercein Seneca Falls Declaration of Sentiments and Resolutions Orestes A. Brownson, The Women Question, Articles I and II Bradwell v. Illinois United States v. Anthony Chapter 5. Competition and Labor Law in AnteBellum and Late Nineteenth Century America A. Differing Models for Economic Development (1808- 1837) Donelly v. Vandenbergh Almy v. Harris Livingston v. Van Ingen Proprietors of Charles River Bridge v. Proprietors of Warren Bridge B. The Case of the Philadelphia Cordwainers (1806) and the Devel- opment of Early American Labor Law Commonwealth v. Pullis C. Chief Justice Shaw on Labor Law Farwell v. Boston and Worcester Rail Road Corp. Commonwealth v. Hunt D. The Trusts and the Sherman Act (1890) 2. The Passage of the Sherman Act (1890) 3. The Sherman Act in the Supreme Court United States v. E.C. Knight Co. United States v. Trans-Missouri Freight Ass'n Addyston Pipe and Steel Co. v. United States E. Industrial Strife: The Pullman Strike, Eugene V. Debs, And Workmen's Compensation 2. Views of the Pullman Strike William H. Carwardine, The Pullman Strike In Re Debs Eugene V. Debs, "Liberty" Lawrence M. Friedman and Jack Ladinsky, Social Change and the Law of Industrial Accidents Chapter 6. Law and Jurisprudence for the Modern Indus- trial Age A. The Science of Law David Dudley Field, Magnitude and Importance of Legal Science Christopher Columbus Langdell, Selection of Cases on the Law of Contracts Book Review [of the Second Edition of Langdell's Casebook] Oliver Wendell Holmes, Jr., The Common Law B. The New Deal and The Nine Old Men A.L.A. Schechter Poultry Corp. v. United States National Labor Relations Bd. v. Jones & Laughlin Steel Corp. C. Legal Realism Roscoe Pound, The Call for a Realist Jurisprudence Karl N. Llewellyn, Some Realism About Realism-- Responding to Dean Pound D. Beyond Legal Realism Herbert Wechsler, Toward Neutral Principles of Constitutional Law J. Skelly Wright, Professor Bickel, The Scholarly Tradition, and the Supreme Court Chapter 7. Private Law Present and Future: Towards a Welfare State? A. The End of Contract as We Knew It? Grant Gilmore, the Death of Contract A. The End of Contract as We Knew It?--Continued Richard E. Speidel, an Essay on the Reported Death And Continued Vitality of Contract Kirksey v. Kirksey Williams v. Walker-Thomas Furniture Co. Patterson v. Walker-Thomas Fttrniture Co. Weisz v. Parke-Bernet Galleries, Inc. B. Late Twentieth-Century Torts Thomas v. Winchester MacPherson v. Buick Motor Co. Lovelace v. Astra Trading Corp. Chapter 8. The Current Struggle for the Soul of American Law A. Introduction B. Law and Economics Arthur Allen Left, Commentary: Economic Analysis of Law: Some Realism About Nominalism C. Critical Legal Studies John Henry Schlegal, Notes Toward an Intimate, Opinionated, and Affectionate History of the Conference on Critical Legal Studies ["CCLS"] Paul D. Carrington, of Law and the River Robert W. Gordon to Paul D. Carrington, "Of Law and the River," and of Nihilism and Academic Freedom Paul D. Carrington to Robert Gordon Robert W. Gordon to Paul D. Carrington D. Law and Literature Paul Gewirtz, Aeschylus' Law E. Towards a Feminist Theory of Law Cass R. Sunstein, Feminism and Legal Theory (Book Review of Cather- ine A. MacKinnon, Feminism Unmodified (1987)) F. Postmodern Neopragmatic Constitutional Law Planned Parenthood of Southeastern Pennsylvania v. Casey Lee v. Weisman The Starr Report: The Official Report of the Independent Counsel's Investigation of the President Stephen B. Presser, Would George Washington Have Wanted Bill Clin- ton Impeached ? Cass R. Sunstein, Impeachment and Stability Appendix. Constitution of the United States of America INDEX |