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Preface | |
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Law In The Morning Of America: The Beginnings Of American Law, To 1760 | |
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The English Heritage and Magna Charta | |
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Magna Charta (1215) | |
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Note: Due Process and the Law of the Land | |
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Note: The Reformation and Tudor England | |
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The Virginia Colony | |
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Dale's Laws (1611) | |
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The Beginnings of Constitutionalism in America | |
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The Mayflower Compact (1620) | |
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""A Model of Christian Charity"" (1629) | |
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Note: Roger Williams and Religious Liberty | |
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""The Bloudy Tenent of Persecution for Cause of Conscience"" (1644) | |
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Roger Williams to The Town of Providence (1655) | |
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The Laws of Liberties of Massachusetts (1648) | |
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The Rhode Island Patent (1643) | |
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Note: England's Civil War | |
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The Post-Restoration Colonial Governments | |
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The Fundamental Constitutions of Carolina (1669) | |
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First Frame of Government (1682) | |
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The New-York Charter of Libertyes (1683) | |
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The Glorious Revolution | |
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Note: The Case of the Seven Bishops (1688) | |
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The English Bill of Rights (1689) | |
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""Second Treatise of Civil Government"" (1690) | |
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The Sources of Law in America | |
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Note: Reception of the Common Law | |
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William Blackstone on Reception (1765) | |
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Giddings v. Brown (1657) | |
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Law and Colonial Society | |
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Morality and Colonial Law | |
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""A Horrible Case of Beastiality,"" Plymouth Colony (1642) | |
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Marriage, Women, and the Family | |
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William Blackstone on Women in the Eyes of the Law (1765) | |
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Note: Women and the Law in the Colonial Era | |
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An Act Concerning Feme-Sole Traders (1718) | |
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Widows of New York and Taxes | |
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Children, Apprenticeship, Education | |
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Virginia Apprenticeship Statute (1646) | |
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Children's Education in Plymouth (1685) | |
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White Indentured Servitude | |
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In re Wm. Wootton and John Bradye (1640) | |
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South Carolina Servant Regulations (1761) | |
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Slavery | |
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In re John Punch (1640) | |
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In re Emanuel (1640) | |
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Re Mulatto (1656) | |
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Re Edward Mozingo (1672) | |
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Moore vs. Light (1673) | |
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Against Runaway Servants, Act XVI (1657-8) | |
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How Long Servants Without Indentures Shall Serve, Act XVIII (1657-1658) | |
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An Act for the Dutch and All Other Strangers for Trading to This Place, Act XVI (1659-1660) | |
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Run-aways, Act CII (1661-1662) | |
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Negro Women's Children to Serve According to the Condition of the Mother, Act XII (1662) | |
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An Act Declaring that Baptisme of Slaves Doth Not Exempt Them from Bondage, Act II (1667) | |
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An Act About the Casual Killing of Slaves, Act I (1669) | |
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An Act For Preventing Negro Insurrections, Act X (1680) | |
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The Germantown Protest Against Slavery (1688) | |
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South Carolina Slave Code (1740) | |
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The New York ""Negro Plot"" (1741) | |
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Colonial Welfare Systems | |
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An Act for the Relief of the Poor (1742) | |
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Note: Colonial Workfare | |
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Class Legislation and Sumptuary Laws | |
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Note: Class and Status in Early America | |
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Democracy and Deference | |
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The Incident of the Roxbury Carters (1705) | |
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Law and the Colonial Economy | |
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The Laws and Liberties of Massachusetts (1648) | |
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The Laws of South Carolina (1734) | |
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Early Criminal Law | |
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The Salem Witch Trials (1692) | |
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Increase Mather, ""Cases of Conscience Concerning Evil Spirits Personating Men"" (1692) | |
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The Wonders of the Invisible World (1693) | |
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Politics and Criminal Law: Toward a New America | |
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The Zenger Trial (1735) | |
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Law In A Republican Revolution, 1760-1815 | |
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The American Revolution | |
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""Unlimited Submission and Non-resistance to the Higher Powers"" (1750) | |
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Note: Litigation and the Coming of the Revolution | |
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""The Rights of the British Colonies"" (1764) | |
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William Blackstone on the Imperial Constitution (1765) | |
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The Declaratory Act (1766) | |
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The Declaration and Resolves of the Continental Congress (1774) | |
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Common Sense (1776) | |
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The Declaration of Independence (1776) | |
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Republican State Constitutionalism | |
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The Virginia Declaration of Rights (1776) | |
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The People the Best Governors (1776) | |
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Note: The Pennsylvania Constitution of 1776 | |
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Slavery and the New Nation | |
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Somerset v. Stewart (1772) | |
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The Pennsylvania Gradual Abolition Act (1780) | |
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Massachusetts Constitution of 1780 | |
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Commonwealth v. Jennison (1783) | |
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Virginia Manumission Act | |
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North Carolina Statute on Slave Murder | |
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Thomas Jefferson on Slavery, Notes on the State of Virginia (1784) | |
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Religion | |
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The Virginia Statute for Religious Freedom (1786) | |
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New Hampshire Constitution (1784) | |
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Religion and Law Reform | |
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Notes on the State of Virginia (1785) | |
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Republican National Constitutionalism | |
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The Articles of Confederation (1781) | |
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The Philadelphia Convention (1787) | |
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Debating the Constitution | |
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Antifederalist Critiques of the Constitution: Elbridge Gerry's Report on the Constitution as Printed in Massachusetts Centinel (1787) | |
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Federalist, Number 10 (1787) | |
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Federalist, Number 78 (1788) | |
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The Northwest Ordinance (1787) | |
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The New Republic | |
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The Bill of Rights | |
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""Property"" (1792) | |
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Hamilton Versus Madison on Presidential Power (1793) | |
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Farewell Address (1796) | |
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The Sedition Act (1798) | |
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The Virginia and Kentucky Resolutions (1798-1799) | |
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First Inaugural Address (1801) | |
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Courts and Judges in the New Nation | |
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The Judiciary Act (1789) | |
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Jefferson versus Hamilton on the Bank of the United States (1791) | |
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Calder v. Bull (1798) | |
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Marbury v. Madison (1803) | |
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The Active State And The Mixed Economy, 1812-1860 | |
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The Golden Age of American Law | |
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Commerce, Legislative Promotion, and Law in the New Republic | |
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The New York Steamboat Monopoly and the Federal Commerce Power | |
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Livingston v. Van Ingen (1812) | |
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Note: The Mix of Economies, Politics, and Law | |
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Gibbons v. Ogden (1824) | |
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Note: The Effect of Gibbons | |
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The Second Bank of the United States | |
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McCulloch v. Maryland (1819) | |
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Note: A Court Opinion as Political Theory | |
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Veto Message (1832) | |
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Note: Jacksonian Economics | |
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Note: A Federal Common Law | |
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Note: Canals, Internal Improvements, and the States | |
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State Constitutions and the Active State | |
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Ohio Constitution (1851) | |
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Mississippi Constitution (1817) | |
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Mississippi Constitution (1832) | |
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Substantive Law and Economic Growth | |
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The Advent of the Corporation | |
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Dartmouth College v. Woodward (1819) | |
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Note: The Politics of the Dartmouth College Case | |
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Charles River Bridge Company v. Warren Bridge Company (1837) | |
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Note: The Limited Liability of Stockholders | |
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Labor in an Industrializing Society | |
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Note: The Traditional Theory of Labor Conspiracy | |
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Commonwealth v. Hunt (1842) | |
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Note: The Fellow Servant Rule | |
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Farwell v. The Boston and Worcester Railroad Co. (1842) | |
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Note: Chief Justice Shaw and Labor | |
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Note: Fellow Servants and Slaves | |
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Property | |
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Van Ness v. Pacard (1829) | |
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Note: Eminent Domain | |
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Parham v. The Justices of Decatur County (1851) | |
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Barron v. Baltimore (1833) | |
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A Treatise on the Law of Watercourses (1854) | |
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Note: Water Rights in the East | |
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Cary v. Daniels (1844) | |
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Note: Water Rights in the West | |
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The Great Plains (1931) | |
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Irwin v. Phillips, et al. (1855) | |
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Note: Law and Westward Migration | |
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The Growth of Contract Law in the Nineteenth Century | |
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Seixas and Seixas v. Woods (1804) | |
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McFarland v. Newman (1839) | |
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Icar v. Suares (1835) | |
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Seymour v. Delancey, et al. (1824) | |
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Note: Contracts and the Emerging Speculative Economy | |
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Note: Contracts and the Federal Constitution | |
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The Evolution of Modern Tort Law | |
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Spencer v. Campbell (1845) | |
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Brown v. Kendall (1850) | |
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Note: The Emergence of Negligence | |
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Note: Toward the Future | |
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Ryan v. New York Central Railroad Co. (1866) | |
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Fent et al. v. Toledo, Peoria & Warsaw Railway Co. (1871) | |
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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) | |
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Note: Wrongful Death and Tort Law | |
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Slavery, The Civil War, Reconstruction, And Segregation | |
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Slavery and State Law | |
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Race and the Law of Negro Slavery | |
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An Inquiry into the Law of Negro Slavery (1858) | |
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The Power of the Master over the Slave | |
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State v. Mann (1829) | |
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Note: Harriet Beecher Stowe on Southern Judges | |
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Souther v. Commonwealth (1851) | |
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State v. Hoover (1839) | |
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Mitchell v. Wells (1859) | |
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Note: The Somerset Precedent in America | |
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Slavery and the Constitution | |
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The Problem of Fugitive Slaves | |
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Prigg v. Pennsylvania (1842) | |
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Note: Prigg and the Use of History | |
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Note: Prigg and Its Aftermath | |
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Note: Northern States'-Rights Arguments | |
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Slavery, the Territories, and Interstate Comity | |
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Dred Scott v. Sandford (1857) | |
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Note: The Reaction to Dred Scott | |
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""House Divided"" Speech (1858) | |
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Note: The Next Dred Scott Decision | |
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Secession and Constitutional Theory | |
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South Carolina Ordinance of Nullification (1832) | |
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President Jackson's Proclamation Regarding Nullification (1832) | |
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Nullification and Succession | |
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Declaration of the Immediate Causes Which Induce and Justify the Secession of South Carolina (1860) | |
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First Inaugural Address (1861) | |
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The Civil War and Emancipation | |
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The Emancipation Proclamation (1863) | |
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Note: The Effect of the Emancipation Proclamation | |
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Second Inaugural Address (1865) | |
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Reconstruction and Its Aftermath: Political Change, Black Freedom, and the Nadir of Black Rights | |
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Political Change | |
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Articles of Impeachment of Andrew Johnson (1868) | |
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Note: The Courts and the Politics of Reconstruction | |
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Black Freedom | |
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Mississippi Black Codes (1865) | |
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An Act to Protect All Persons in the United States in Their Civil Rights, and Furnish Means of Their Vindication (1866) | |
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Note: The Civil Rights Act and the Fourteenth Amendment | |
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Note: Andrew Johnson's Veto of the 1866 Civil Rights Act | |
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Note: The Freedmen's Bureau | |
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Note: The Civil Rights Act of 1875 | |
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The End of Civil Rights | |
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The Slaughterhouse Cases (1873) | |
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Note: The Slaughterhouse Legacy | |
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Note: Civil Rights Cases (1883) | |
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Race and Segregation in Nineteenth-Century Law and Society | |
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Roberts v. The City of Boston (1850) | |
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Note: Free Blacks and the Law | |
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Plessy v. Ferguson (1896) | |
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Note: Separate But Equal in the North | |
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Segregation on the Eve of a New Century (1898) | |
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Nineteenth-Century Law And Society, 1800-1900 | |
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Race | |
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Native Americans | |
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Cherokee Nation v. Georgia (1831) | |
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Note: The Federal Government and Native Americans | |
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Lone Wolf v. Hitchcock (1903) | |
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Asians | |
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Yick Wo v. Hopkins (1886) | |
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Note: The Chinese and Jim Crow | |
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Note: Chinese Exclusion | |
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United States v. Wong Kim Ark (1898) | |
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Note: Gentlemen's Agreement (1907) | |
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Oregon v. Charley Lee Quong, Ah Lee, and Lee Jong (1879) | |
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Latinos and Hispanics | |
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California ex. rel. M. M. Kimberly v. Pablo de la Guerra (1870) | |
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Gender and Domestic Relations | |
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The Rights of Women | |
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""The Seneca Falls Declaration of Sentiments"" (1848) | |
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The New York Married Women's Property Acts (1848) | |
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Note: Married Women and the Law | |
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Bradwell v. Illinois (1873) | |
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Minor v. Happersett (1875) | |
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Note: the Case of United States v. Susan B. Anthony (1873) | |
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Marriage and Divorce | |
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""The Nature of Marriage and How Defined"" (1881) | |
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Wightman v. Coates (1833) | |
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Reynolds v. United States (1879) | |
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Note: Divorce | |
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Waldron v. Waldron (1890) | |
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Birth Control and Abortion | |
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State v. Slagle (1880) | |
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Note: Abortion and the Quickening Doctrine | |
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People v. Sanger (1918) | |
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Crime and Criminal Justice | |
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Crime and Punishment | |
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On Crimes and Punishments (1764) | |
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""The Causes of Crime"" (1880) | |
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Note: The Police and the Prison | |
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The Excuse of Crime | |
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State v. Felter (1868) | |
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Note: Insanity Tests | |
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Bill Bell v. The State (1885) | |
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Note: The South and Self-Defense | |
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Late-Nineteenth-Century Crime and Morality | |
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People v. Plath (1885) | |
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The Federal Government, Crime, and Morality | |
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Ex Parte Jackson (1877) | |
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Note: Morality and Free Speech | |
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Lawyers And The Rise Of The Regulatory State, 1850-1920 | |
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The Lawyer in American Society | |
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Alexis de Tocqueville on Lawyers and Judges (1835) | |
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Legal Education | |
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A Selection of Cases on the Law of Contracts (1871) | |
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Note: Critics of Langdellian Assumptions | |
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Legal Theory in the Late Nineteenth Century | |
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A Treatise on the Constitutional Limitations which Rest upon the Legislative | |
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Note: Social Tension in the 1890s | |
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A Treatise on the Limitations of Police Power in the United States (1886) | |
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The Common Law (1881) | |
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""The Path of the Law"" (1897) | |
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The Growth of Economic Regulation | |
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Property Rights and Police Power | |
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""Protection to Private Property from Public Attack"" (1891) | |
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State Regulation and the Public Interest | |
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States and Labor Law | |
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New Jersey Child Labor Act (1851) | |
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Illinois Criminal Syndicalism Act (1887) | |
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New York Worker's Compensation Act (1910) | |
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Worker's Compensation and the Question of Causation | |
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Ives v. South Buffalo Railway Co. (1911) | |
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Eminent Domain | |
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Colorado Constitution (1876) | |
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Note: The Evolution of Takings Jurisprudence | |
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Federal Regulation and the Public Interest | |
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The Interstate Commerce Commission | |
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Interstate Commerce Act (1887) | |
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Note: Judicial Reaction to the Interstate Commerce Commission | |
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Trustbusting: The Statutory Basis | |
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Sherman Anti-Trust Act (1890) | |
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Federal Commerce Power | |
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United States v. E.C. Knight & Co. (1895) | |
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Note: Anti-Trust Law in the Progressive Era | |
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Populist Platform Adopted at St. Louis (1892) | |
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Taxation of Income | |
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Arguments for Appellant in the Income Tax Cases (Pollock v. Farmers' Loan and Trust Co.) (1895) | |
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Judicial Reaction to the Regulatory State | |
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The Origins of Substantive Due Process | |
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Wynehamer v. The People (1856) | |
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Bond Repudiation and Judicial Review | |
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The Bradley Dissent in Slaughterhouse | |
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The Slaughterhouse Cases (1873) | |
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Reaffirmation of the Police Power | |
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Munn v. Illinois (1877) | |
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Note: Federal Judicial Review of State Rate Regulations | |
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Substantive Due Process in the State Courts | |
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In re Jacobs (1885) | |
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Note: Substantive Due Process and Corporations | |
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Note: The Labor Injunction | |
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Federal Police Power and Labor | |
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In re Debs (1895) | |
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Note: Labor and the Law | |
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Liberty of Contract | |
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Allgeyer v. Louisiana (1897) | |
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Liberty of Contract and Workplace Regulation | |
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Holden v. Hardy (1898) | |
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Lochner v. New York (1905) | |
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Muller v. Oregon (1908) | |
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Toward a Federal Police Power | |
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Champion v. Ames (1903) | |
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Note: The Growth of Federal Police Power | |
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Note: Child Labor | |
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Total War, Civil Liberties, And Civil Rights | |
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Individual Rights in a Changing Culture | |
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""The Right to Privacy"" (1890) | |
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World War I and Civil Liberties | |
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The Suppression of Dissent During World War I | |
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World War I and the Origins of Civil Liberties in the United States (1979) | |
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Censorship During World War I | |
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Schenck v. United States (1919) | |
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Note: Debs v. United States (1919) | |
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Abrams et al. v.2United States (1919) | |
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Note: The Abrams Dissent | |
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Radicals and Civil Liberties | |
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Note: Civil Liberties and Fourteenth Amendment Incorporation | |
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Whitney v. California (1927) | |
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World War II and Legal Developments | |
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The Flag Salute Cases | |
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West Virginia State Board of Education v. Barnette (1943) | |
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The Japanese Internment | |
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Note: Executive Order-No. 9066 | |
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Hirabayashi v. United States (1943) | |
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Korematsu v. United States (1944) | |
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Note: Ex Parte Endo (1944) | |
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Note: The Internment Cases a Generation Later | |
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Civil Liberties and Criminal Justice in Crisis Times | |
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The Emergence of Criminal Due Process | |
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Weeks v. United States (1914) | |
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Olmstead v. United States (1928) | |
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Note: Prohibition and the Law | |
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Crime in the Cities | |
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Criminal Justice in Cleveland (1922) | |
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Civil Rights and Racial Justice | |
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Race and the Franchise | |
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Race and Education | |
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Missouri ex rel. Gaines v. Canada (1938) | |
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Note: Beyond Gaines | |
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Racial Justice and Criminal Law | |
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""Lynching and the Administration of Justice"" (1933) | |
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Note: Lynching and Federal Law | |
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Note: Black Rights, Southern Justice, and the Supreme Court | |
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The Rise Of Legal Liberalism, Economic Reform, And The New Deal, 1900-1945 | |
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Sociological Jurisprudence, the American Law Institute, and Legal Realism | |
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""Law and the Court"" (1913) | |
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Note: Oliver Wendell Holmes, and Judging | |
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""Brief for the Defendant in Error,"" Muller v. Oregon (1907) | |
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The American Law Institute | |
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""Report of the Committee,"" American Law Institute (1923) | |
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Note: The American Law Institute and the Restatements | |
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Legal Realism | |
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Law and the Modern Mind (1936) | |
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Note: Legal Realism | |
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The New Deal and the Rise of Legal Liberalism | |
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The State and Federal Legislative Response | |
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The Supreme Court and the New Deal | |
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Schechter v. United States (1935) | |
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United States v. Butler (1936) | |
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FDR's Court-Packing Plan | |
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Fireside Chat on the ""Court-Packing"" Bill (1937) | |
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Note: The Fate of FDR's Court-Packing Plan | |
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The Retreat from Economic Substantive Due Process | |
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West Coast Hotel v. Parrish (1937) | |
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Note: The Decline of Substantive Due Process | |
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Ordered Liberty, Preferred Positions, and Selective Incorporation | |
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Palko v. Connecticut (1937) | |
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Note: Carolene Products and Preferred Positions | |
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Footnote 4: United States v. Carolene Products Co.(1238) | |
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The Limits of Federal Judicial Power | |
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Note: The Fate of Erie | |
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Rights, Liberty, and Science In Modern America | |
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Civil Rights | |
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Race | |
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Brown v. Board of Education of Topeka, Kansas (1954) | |
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""Southern Declaration on Integration"" (1956) | |
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Note: Race and the Constitution | |
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""Letter from Birmingham City Jail"" (1963) | |
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Civil Rights Act of 1964 | |
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Affirmative Action | |
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Regents of the University of California v. Bakke (1978) | |
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| |
Note: The Future of Affirmative Action in Education | |
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| |
City of Richmond v. J. A. Croson Company (1989) | |
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| |
Note: The Aftermath of Croson | |
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Gender | |
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Griswold v. Connecticut (1965) | |
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Note: The Debate in Griswold | |
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Roe v. Wade (1973) | |
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| |
Note: The Future of Roe | |
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Johnson v. Transportation Agency, Santa Clara County (1987) | |
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Note: Affirmative Action and Sexual Harassment | |
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| |
Sexual Orientation | |
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| |
Romer v. Evans (1996) | |
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Same-Sex Marriages | |
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Baker v. State (1999) | |
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Vermont Civil Union Act (2000) | |
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Defense of Marriage Act | |
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Civil Liberties | |
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Dennis et al. v. United States (1951) | |
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Note: Free Speech and Internal Security | |
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New York Times v. Sullivan (1964) | |
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| |
Offensive Speech | |
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Engel v. Vitale (1962) | |
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Employment Division, DePartment of Human Resources of Oregon v. Smith (1990) | |
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| |
Note: Religious Freedom Restoration Act of 1993 | |
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| |
Criminal Justice | |
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| |
Miranda v. Arizona (1966) | |
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| |
Note: The Supreme Court and Criminal Justice | |
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| |
Note: Surge in Incarceration | |
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| |
Science and Law | |
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| |
Definition of Death | |
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| |
In re Quinlan (1976) | |
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| |
Note: Right to Die | |
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Surrogate Parenting | |
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In re Baby M (1988) | |
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| |
The Challenge of DNA | |
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| |
Science and Environmental Law | |
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| |
TVA v. Hill (1978) | |
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| |
Note: The Fate of Hill | |
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| |
Cyberspace | |
| |
| |
Intel v. Hamidi (2003) | |
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| |
| |
Law and The Economy In Modern America | |
| |
| |
Regulatory State | |
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| |
Deregulation | |
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| |
The Staggers Act (1980) | |
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| |
The Contours of Environmental Regulation | |
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| |
""Ideal Versus Real Regulatory Efficiency: Implementation of Uniform Standards and 'Fine-Tuning' Regulatory Reforms"" (1985) | |
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| |
""Reforming Environmental Law"" (1985) | |
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| |
Executive Order 12866 (1993) | |
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| |
Anti-Trust Policy | |
| |
| |
Economic Activity | |
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| |
Contract | |
| |
| |
Williams v. Walker-Thomas Furniture Company (1965) | |
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| |
Torts | |
| |
| |
Greenman v. Yuba Power Products, Inc. (1962) | |
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| |
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 | |
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| |
Regulatory Takings | |
| |
| |
Lucas v. South Carolina Coastal Council (1992) | |
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| |
Residential Leases | |
| |
| |
Javins v. First National Reality Corporation (1970) | |
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| |
Entitlements and ""New Property"" | |
| |
| |
New Federalism | |
| |
| |
Untied States v. Lopez (1995) | |
| |
| |
Note: New Directions in Commerce Clause Jurisprudence | |
| |
| |
Printz v. United States (1997) | |
| |
| |
| |
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 | |