Prestatehood Legal Materials

Author by : Michael Chiorazzi
Languange : en
Publisher by : Routledge
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Description : Explore the controversial legal history of the formation of the United States Prestatehood Legal Materials is your one-stop guide to the history and development of law in the U.S. and the change from territory to statehood. Unprecedented in its coverage of territorial government, this book identifies a wide range of available resources from each state to reveal the underlying legal principles that helped form the United States. In this unique publication, a state expert compiles each chapter using his or her own style, culminating in a diverse sourcebook that is interesting as well as informative. In Prestatehood Legal Materials, you will find bibliographies, references, and discussion on a varied list of source materials, including: state codes drafted by Congress county, state, and national archives journals and digests state and federal reports, citations, surveys, and studies books, manuscripts, papers, speeches, and theses town and city records and documents Web sites to help your search for more information and more Prestatehood Legal Materials provides you with brief overviews of state histories from colonization to acceptance into the United States. In this book, you will see how foreign countries controlled the laws of these territories and how these states eventually broke away to govern themselves. The text also covers the legal issues with Native Americans, inter-state and the Mexico and Canadian borders, and the development of the executive, legislative, and judicial branches of state government. This guide focuses on materials that are readily available to historians, political scientists, legal scholars, and researchers. Resources that assist in locating not-so-easily accessible materials are also covered. Special sections focus on the legal resources of colonial New York City and Washington, DC—which is still technically in its prestatehood stage. Due to the enormity of this project, the editor of Prestatehood Legal Materials created a Web page where updates, corrections, additions and more will be posted.


Prestatehood Legal Materials

Author by : Michael G. Chiorazzi
Languange : en
Publisher by : Psychology Press
Format Available : PDF, ePub, Mobi
Total Read : 62
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Description : "[A] guide to the history and development of law in the U.S. and the change from territory to statehood"--Back cover.


Prestatehood Legal Materials

Author by : Michael G. Chiorazzi
Languange : en
Publisher by : Unknown
Format Available : PDF, ePub, Mobi
Total Read : 94
Total Download : 503
File Size : 44,6 Mb
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Description : "[A] guide to the history and development of law in the U.S. and the change from territory to statehood"--Back cover.


A Distinct Judicial Power

Author by : Scott Douglas Gerber
Languange : en
Publisher by : Oxford University Press
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Description : A Distinct Judicial Power: The Origins of an Independent Judiciary, 1606-1787, by Scott Douglas Gerber, provides the first comprehensive critical analysis of the origins of judicial independence in the United States. Part I examines the political theory of an independent judiciary. Gerber begins chapter 1 by tracing the intellectual origins of a distinct judicial power from Aristotle's theory of a mixed constitution to John Adams's modifications of Montesquieu. Chapter 2 describes the debates during the framing and ratification of the federal Constitution regarding the independence of the federal judiciary. Part II, the bulk of the book, chronicles how each of the original thirteen states and their colonial antecedents treated their respective judiciaries. This portion, presented in thirteen separate chapters, brings together a wealth of information (charters, instructions, statutes, etc.) about the judicial power between 1606 and 1787, and sometimes beyond. Part III, the concluding segment, explores the influence the colonial and early state experiences had on the federal model that followed and on the nature of the regime itself. It explains how the political theory of an independent judiciary examined in Part I, and the various experiences of the original thirteen states and their colonial antecedents chronicled in Part II, culminated in Article III of the U.S. Constitution. It also explains how the principle of judicial independence embodied by Article III made the doctrine of judicial review possible, and committed that doctrine to the protection of individual rights.


The Yale Law School Guide To Research In American Legal History

Author by : John B. Nann
Languange : en
Publisher by : Yale University Press
Format Available : PDF, ePub, Mobi
Total Read : 59
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Description : The study of legal history has a broad application that extends well beyond the interests of legal historians. An attorney arguing a case today may need to cite cases that are decades or even centuries old, and historians studying political or cultural history often encounter legal issues that affect their main subjects. Both groups need to understand the laws and legal practices of past eras. This essential reference is intended for the many nonspecialists who need to enter this arcane and often tricky area of research.


The Oxford Handbook Of New York State Government And Politics

Author by : Gerald Benjamin
Languange : en
Publisher by : Oxford University Press
Format Available : PDF, ePub, Mobi
Total Read : 16
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Description : New York remains the Empire State. Its trillion dollar economy makes the state a national-and often world-leader in banking, finance, publishing, soft services (law, accounting, insurance, consulting), higher education, culture, and the arts. With more than one in five of its residents having immigrated from elsewhere, New York State is an ethnic and social harbinger for an increasingly diverse nation. Recent years have found it, like many other big states, challenged to achieve effective governance. How is, can, or should such a state be governed? What is its history? What is its future? The Oxford Handbook of New York State Government and Politics offers an unusually comprehensive, detailed, and systematic study of this unique and influential state. The thirty-one chapters in The Oxford Handbook of New York State Government and Politics assemble new scholarship in key areas of governance in New York, document the state's record in comparison to other US states, and identify directions for future research. Following editor Gerald Benjamin's introduction, the handbook chapters are organized in five sections that look at the state constitution, state political processes, state governmental institutions, intergovernmental relations, and management and policy areas. Chapters address a wide array of topics including political parties, campaign finance policy, public opinion polling, elections and election management, lobbying and interest group systems, the state legislature, the governorship, the judiciary, the state's "foreign policy," education, health care policy, public safety, economic development, transportation policy, energy policy, and more. A final chapter, compiled by the state archivist, consists of a most extensive annotated bibliography of resources on state history, state political history, the state constitution, and state political processes. Chapter authors include both scholars of New York State and current and former state officials.


What Should Constitutions Do

Author by : Ellen Frankel Paul
Languange : en
Publisher by : Cambridge University Press
Format Available : PDF, ePub, Mobi
Total Read : 21
Total Download : 300
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Description : The essays in this volume - written by prominent philosophers, political scientists and legal scholars - address the basic purposes of constitutions and their status as fundamental law. Some deal with specific constitutional provisions: they ask, for example, which branches of government should have the authority to conduct foreign policy, or how the judiciary should be organized, or what role a preamble should play in a nation's founding document. Other essays explore questions of constitutional design: they consider the advantages of a federal system of government, or the challenges of designing a constitution for a pluralistic society - or they ask what form of constitution best promotes personal liberty and economic prosperity.


The Role Of Circuit Courts In The Formation Of United States Law In The Early Republic

Author by : David Lynch
Languange : en
Publisher by : Bloomsbury Publishing
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Total Read : 40
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Description : While scholars have rightly focused on the importance of the landmark opinions of the United States Supreme Court and its Chief Justice, John Marshall, in the rise in influence of the Court in the Early Republic, the crucial role of the circuit courts in the development of a uniform system of federal law across the nation has largely been ignored. This book highlights the contribution of four Associate Justices (Washington, Livingston, Story and Thompson) as presiding judges of their respective circuit courts during the Marshall era, in order to establish that in those early years federal law grew from the 'inferior courts' upwards rather than down from the Supreme Court. It does so after a reading of over 1800 mainly circuit opinions and over 2000 original letters, which reveal the sources of law upon which the justices drew and their efforts through correspondence to achieve consistency across the circuits. The documents examined present insights into momentous social, political and economic issues facing the Union and demonstrate how these justices dealt with them on circuit. Particular attention is paid to the different ways in which each justice contributed to the shaping of United States law on circuit and on the Court and in the case of Justices Livingston and Thompson also during their time on the New York State Supreme Court.


Failures Of American Methods Of Lawmaking In Historical And Comparative Perspectives

Author by : James R. Maxeiner
Languange : en
Publisher by : Cambridge University Press
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Total Read : 22
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Description : In this book, James R. Maxeiner takes on the challenge of demonstrating that historically American law makers did consider a statutory methodology as part of formulating laws. In the nineteenth century, when the people wanted laws they could understand, lawyers inflicted judge-made, statute-destroying, common law on them. Maxeiner offers the cure for common law, in the form of sensible statute law. Building on this historical evidence, Maxeiner shows how rule-making in civil law jurisdictions in other countries makes for a far more equitable legal system. Sensible statute laws fit together: one statute governs, as opposed to several laws that even lawyers have trouble disentangling. In a statute law system, lawmakers make laws for the common good in sensible procedures, and judges apply sensible laws and do not make them. This book shows how such a system works in Germany and would be a solution for the American legal system as well.


Wyoming Law Review

Author by : Anonim
Languange : en
Publisher by : Unknown
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Total Read : 59
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Guide To Research In Federal Judicial History

Author by : Jonathan W. White
Languange : en
Publisher by : DIANE Publishing
Format Available : PDF, ePub, Mobi
Total Read : 26
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Description : This guide describes the records of the federal courts, as well as records of Congress and the executive branch, that are relevant to researching federal judicial history. Includes an Introduction to Historical Research in Federal Judicial History. This is a print on demand edition of an important, hard-to-find publication.


Hawai I State Documents

Author by : Anonim
Languange : en
Publisher by : Unknown
Format Available : PDF, ePub, Mobi
Total Read : 37
Total Download : 719
File Size : 48,8 Mb
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The Law Of American State Constitutions

Author by : Robert Williams
Languange : en
Publisher by : Oxford University Press
Format Available : PDF, ePub, Mobi
Total Read : 51
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Description : The Law of American State Constitutions provides complete coverage of the legal doctrines surrounding, applying to, and arising from American state constitutions and their judicial interpretation. Using specific examples, Professor Williams provides legal analysis of the nature and function of state constitutions by contrast to the federal Constitution, including rights, separation of powers, policy-based provisions, the judicial interpretation issues that arise under state constitutions and the processes for their amendment and revision. Reference is made to history and political theory, but legal analysis is the primary focus. The Law of American State Constitutions provides an important analytical tool that explains the unique character and the range of judicial interpretation of these constitutions, together with the specialized techniques of argument and interpretation surrounding state constitutions. This is the first book to present a complete picture of the current body of state constitutional law and its judicial interpretation.


Manifest Destinies

Author by : Laura E. Gómez
Languange : en
Publisher by : NYU Press
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Total Read : 48
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File Size : 49,7 Mb
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Description : Watch the Author Interview on KNME In both the historic record and the popular imagination, the story of nineteenth-century westward expansion in America has been characterized by notions of annexation rather than colonialism, of opening rather than conquering, and of settling unpopulated lands rather than displacing existing populations. Using the territory that is now New Mexico as a case study, Manifest Destinies traces the origins of Mexican Americans as a racial group in the United States, paying particular attention to shifting meanings of race and law in the nineteenth century. Laura E. Gómez explores the central paradox of Mexican American racial status as entailing the law's designation of Mexican Americans as &#“white” and their simultaneous social position as non-white in American society. She tells a neglected story of conflict, conquest, cooperation, and competition among Mexicans, Indians, and Euro-Americans, the region’s three main populations who were the key architects and victims of the laws that dictated what one’s race was and how people would be treated by the law according to one’s race. Gómez’s path breaking work—spanning the disciplines of law, history, and sociology—reveals how the construction of Mexicans as an American racial group proved central to the larger process of restructuring the American racial order from the Mexican War (1846–48) to the early twentieth century. The emphasis on white-over-black relations during this period has obscured the significant role played by the doctrine of Manifest Destiny and the colonization of northern Mexico in the racial subordination of black Americans.


Manifest Destinies Second Edition

Author by : Laura E. Gómez
Languange : en
Publisher by : NYU Press
Format Available : PDF, ePub, Mobi
Total Read : 52
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Description : An essential resource for understanding the complex history of Mexican Americans and racial classification in the United States Manifest Destinies tells the story of the original Mexican Americans—the people living in northern Mexico in 1846 during the onset of the Mexican American War. The war abruptly came to an end two years later, and 115,000 Mexicans became American citizens overnight. Yet their status as full-fledged Americans was tenuous at best. Due to a variety of legal and political maneuvers, Mexican Americans were largely confined to a second class status. How did this categorization occur, and what are the implications for modern Mexican Americans? Manifest Destinies fills a gap in American racial history by linking westward expansion to slavery and the Civil War. In so doing, Laura E Gómez demonstrates how white supremacy structured a racial hierarchy in which Mexican Americans were situated relative to Native Americans and African Americans alike. Steeped in conversations and debates surrounding the social construction of race, this book reveals how certain groups become racialized, and how racial categories can not only change instantly, but also the ways in which they change over time. This new edition is updated to reflect the most recent evidence regarding the ways in which Mexican Americans and other Latinos were racialized in both the twentieth and early twenty-first centuries. The book ultimately concludes that it is problematic to continue to speak in terms Hispanic “ethnicity” rather than consider Latinos qua Latinos alongside the United States’ other major racial groupings. A must read for anyone concerned with racial injustice and classification today. Listen to Laura Gómez's interviews on The Brian Lehrer Show, Wisconsin Public Radio, Texas Public Radio, and KRWG.


Red Eagle S Children

Author by : J. Anthony Paredes
Languange : en
Publisher by : University of Alabama Press
Format Available : PDF, ePub, Mobi
Total Read : 71
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Description : Red Eagle’s Children presents the legal proceedings in an inheritance dispute that serves as an unexpected window on the intersection of two cultural and legal systems: Creek Indian and Euro-American. Case 1299: Weatherford vs. Weatherford et al. appeared in the Chancery Court of Mobile in 1846 when William “Red Eagle” Weatherford’s son by the Indian woman Supalamy sued his half siblings fathered by Weatherford with two other Creek women, Polly Moniac and Mary Stiggins, for a greater share of Weatherford’s estate. While the court recognized William Jr. as the son of William Sr., he nevertheless lost his petition for inheritance due to the lack of legal evidence concerning the marriage of his biological mother to William Sr. The case, which went to the Alabama Supreme Court in 1851, provides a record of an attempt to interrelate and, perhaps, manipulate differences in cultures as they played out within the ritualized, arcane world of antebellum Alabama jurisprudence. Although the case has value in the classic mold of salvage ethnography of Creek Indian culture, Red Eagle’s Children, edited by J. Anthony Paredes and Judith Knight, shows that its more enduring value lies in being a source for historical ethnography—that is, for anthropological analyses of cultural dynamics of the past events that complement the narratives of professional historians. Contributors David I. Durham / Robbie Ethridge / Judith Knight / J. Anthony Paredes / Paul M. Pruitt Jr. / Nina Gail Thrower / Robert Thrower / Gregory A. Waselkov


Taming Alabama

Author by : Paul M. Pruitt
Languange : en
Publisher by : University of Alabama Press
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Description : Taming Alabama focuses on persons and groups who sought to bring about reforms in the political, legal, and social worlds of Alabama. Most of the subjects of these essays accepted the fundamental values of nineteenth and early twentieth century white southern society; and all believed, or came to believe, in the transforming power of law. As a starting point in creating the groundwork of genuine civility and progress in the state, these reformers insisted on equal treatment and due process in elections, allocation of resources, and legal proceedings. To an educator like Julia Tutwiler or a clergyman like James F. Smith, due process was a question of simple fairness or Christian principle. To lawyers like Benjamin F. Porter, Thomas Goode Jones, or Henry D. Clayton, devotion to due process was part of the true religion of the common law. To a former Populist radical like Joseph C. Manning, due process and a free ballot were requisites for the transformation of society.


Wyoming Energy Symposium

Author by : Anonim
Languange : en
Publisher by : Unknown
Format Available : PDF, ePub, Mobi
Total Read : 47
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File Size : 55,8 Mb
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The Source

Author by : Loretto Dennis Szucs
Languange : en
Publisher by : Ancestry Publishing
Format Available : PDF, ePub, Mobi
Total Read : 99
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Description : Genealogists and other historical researchers have valued the first two editions of this work, often referred to as the genealogist's bible."" The new edition continues that tradition. Intended as a handbook and a guide to selecting, locating, and using appropriate primary and secondary resources, The Source also functions as an instructional tool for novice genealogists and a refresher course for experienced researchers. More than 30 experts in this field--genealogists, historians, librarians, and archivists--prepared the 20 signed chapters, which are well written, easy to read, and include many helpful hints for getting the most out of whatever information is acquired. Each chapter ends with an extensive bibliography and is further enriched by tables, black-and-white illustrations, and examples of documents. Eight appendixes include the expected contact information for groups and institutions that persons studying genealogy and history need to find. ""


Against The Grain

Author by : Anonim
Languange : en
Publisher by : Unknown
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Total Read : 58
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The Reference Librarian

Author by : Anonim
Languange : en
Publisher by : Unknown
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Total Read : 71
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Principles Of Legal Research

Author by : Kent C. Olson
Languange : en
Publisher by : West Academic Publishing
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Total Read : 36
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Description : Principles of Legal Research will be published in June and available for fall 2009 class adoptions. Principles of Legal Research is the long-awaited successor to the venerable How to Find the Law, 9th edition, thoroughly updated for the electronic age. The text provides encyclopedic yet concise coverage of research methods and resources using both free and commercial websites as well as printed publications. An introductory survey of research strategies is followed by chapters on the sources of U.S. law created by each branch of government, discussion of major secondary sources, and an overview of international and comparative law. Sample illustrations are included, and an appendix lists nearly 500 major treatises and looseleaf services by subject.


Arizona Prestatehood Documents

Author by : Jacquelyn Gayle Kasper
Languange : en
Publisher by : Unknown
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Total Read : 30
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American Book Publishing Record

Author by : Anonim
Languange : en
Publisher by : Unknown
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Total Read : 32
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The Noter Up

Author by : Donald J. Dunn
Languange : en
Publisher by : Unknown
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Total Read : 21
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New England Court Records

Author by : Diane Rapaport
Languange : en
Publisher by : Quill Pen PressLlc
Format Available : PDF, ePub, Mobi
Total Read : 16
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File Size : 52,7 Mb
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Description : What an amazing resource! Librarians, historians and genealogists should run, not walk, to buy this book. Diane Rapaport has done us all a great service. Mary Beth Norton, Pulitzer Prize finalist, Professor of History, Cornell University, and author of In the Devils Snare: The Salem Witchcraft Crisis of 1692.Diane Rapaport has written a scholarly and monumental research guide to New England court records. Anyone researching New England ancestors will want this reference book in their library. It is highly recommended. Kip Sperry, Professor of Family History, Brigham Young University, Certified Genealogist, and Fellow, American Society of Genealogists.