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| Preface to the Third Edition | |
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| Prologue | |
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| The Beginnings: American Law in the Colonial Period | |
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| The Skeleton of Colonial Law: The Courts | |
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| The Colonial Judicial System in the Eighteenth Century | |
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| Civil Procedure | |
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| Land Law | |
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| Succession at Death | |
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| Criminal Law | |
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| Government, Law, and the Economy | |
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| Commerce and Labor | |
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| Slavery | |
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| The Poor Laws | |
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| Statute and Common Law in the Colonial Period | |
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| The Legal Profession | |
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| The Literature of the Law | |
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| From the Revolution to the Middle of the Nineteenth Century: 1776-1850 | |
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| The Republic of Bees | |
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| Revolutionary Ardor | |
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| Constitutions: Federal and State | |
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| The Judges | |
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| The Organization of Courts | |
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| Civil Procedure | |
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| The Law of Evidence | |
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| Outposts of the Law: The Frontier and the Civil Law Fringe | |
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| The Civil Law Fringe | |
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| Law and the Economy: 1776-1850 | |
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| Laissez-Faire and Its Limits | |
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| The Business Corporation | |
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| The Law of Personal Status: Wives, Paupers, and Slaves | |
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| Marriage and Divorce | |
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| Family Property | |
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| Adoption | |
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| Poor Laws and Social Welfare | |
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| Slavery and African Americans | |
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| An American Law of Property | |
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| The Land: A National Treasure | |
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| The Law of Private Land | |
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| Boom and Bust: The Law of Mortgages | |
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| Succession: Wills and Trusts | |
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| Intellectual Property: Patents and Copyrights | |
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| The Law of Commerce and Trade | |
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| A Federal Question: Admiralty and General Commerce | |
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| Sale of Goods | |
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| Bankruptcy and Insolvency | |
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| Contract | |
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| Crime and Punishment: And a Footnote on Tort | |
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| Penal Law and Penal Reform | |
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| The Substantive Law of Crimes | |
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| The Crime of Punishment: The American Prison | |
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| A Footnote on Tort | |
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| The Bar and Its Works | |
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| The Bar | |
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| Organization of the Bar | |
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| Legal Education | |
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| The Literature of the Law | |
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| American Law to the Close of the Nineteenth Century | |
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| Blood and Gold: Some Main Themes in the Law in the Last Half of the Nineteenth Century | |
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| The New Era | |
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| Organic Law | |
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| State Constitutions | |
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| The West | |
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| Judges and Courts: 1850-1900 | |
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| The Judges | |
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| Judicial Organization | |
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| Procedure and Practice: An Age of Reform | |
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| Mr. Field's Code | |
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| Appellate Courts | |
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| Codification and Reform | |
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| The Land and Other Property | |
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| The Transformation of Land Law | |
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| The Public Land | |
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| Property Law and the Dynasts | |
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| Landlord and Tenant | |
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| Mortgages | |
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| The Decline of Dower | |
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| A Tangle of Titles | |
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| Intellectual Property: Patents, Copyrights, and Trademarks | |
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| Administrative Law and Regulation of Business | |
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| The Coming of the Bureaucrats | |
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| Regulating the Infrastructure: Banks, Insurance, and Railroads | |
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| Occupational Licensing: And the Pull of Public Health | |
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| The Great Antitrust Act | |
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| Torts | |
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| The Underdogs: 1850-1900 | |
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| The Dependent Poor | |
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| Family Law and the Status of Women | |
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| The Races | |
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| The Law of Corporations | |
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| Corporation Law: Freedoms and Restraints | |
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| A Discordant Addendum: The Municipal Corporation | |
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| Commerce, Labor, and Taxation | |
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| Contract | |
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| Negotiable Instruments | |
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| The Law of Sales | |
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| The Usury Laws | |
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| Insurance | |
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| Bankruptcy | |
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| Admiralty | |
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| Labor and Law | |
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| Federal Taxation | |
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| State and Local Tax | |
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| Death Taxes | |
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| Crime and Punishment | |
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| The Many Faces of Criminal Law | |
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| The Statute Law of Crimes | |
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| Crime, Crime Rates, Insanity, the Guilty Mind | |
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| Punishment and Correction | |
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| Victimless Crimes | |
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| The Legal Profession: The Training and Literature of Law | |
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| The Rise of the Law School | |
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| The Literature of the Law | |
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| Legal Periodicals and Casebooks | |
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| The Legal Profession: At Work | |
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| The Nimble Profession | |
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| Organization of the Bar | |
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| Admission to the Bar | |
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| The Twentieth Century | |
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| Leviathan Comes of Age | |
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| Center and Periphery | |
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| The Growth of the Law | |
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| The Liability Explosion: Workers' Compensation | |
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| More Explosions: Tort Law | |
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| The Constitution, Rights, and Civil Liberties in the Twentieth Century | |
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| First Nations | |
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| Asian Americans | |
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| Hispanics | |
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| The Revolt of Otherness | |
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| Freedom of Speech | |
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| Religion and the Law | |
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| Internal Legal Culture in the Twentieth Century: Lawyers, Judges, and Law Books | |
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| Legal Ethics | |
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| The Organized Bar | |
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| Legal Education | |
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| Legal Literature | |
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| The Twentieth Century Bench | |
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| Regulation, Welfare, and the Rise of Environmental Law | |
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| Land Use | |
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| Environment Law and the Environmental Movement | |
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| Intellectual Property | |
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| Regulation of Business | |
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| Business Law and the Law of Business | |
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| Crime and Punishment in the Twentieth Century | |
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| Decriminalizing Sex and Vice | |
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| Defendants' Rights | |
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| The Death Penalty | |
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| Crime Waves and the National Response | |
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| Family Law in the Twentieth Century | |
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| Epilogue | |
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| A Final Word | |
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| Bibliographical Essay | |
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| Index | |