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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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| John Winthrop, "A Model of Christian Charity" (1629) | |
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| Note: Roger Williams and Religious Liberty | |
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| Roger Williams, "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 and Liberties of Massachusetts (1648) | |
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| The Rhode Island Patent (1643) | |
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| The Maryland Toleration Act (1649) | |
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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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| William Penn, 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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| John Locke, "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 v. Light (1673) | |
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| Against Runnaway Servants, Act XVI (1657-1658) | |
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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 Tradeing to This Place, Act XVI (1659-1660) | |
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| Run-aways, Act CII (1661-1662) | |
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| Negro Womens 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 Casuall 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, Sumptuary Laws, and Social 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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| Cotton Mather, 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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| Jonathan Mayhew, "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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| James Otis, "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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| Tom Paine, 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 (1782) | |
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| North Carolina Statute on Slave Murder (1791) | |
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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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| Revolution and Law Reform | |
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| Thomas Jefferson, Notes on the State of Virginia (1784) | |
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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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| Debates Over Ratification of the Constitution | |
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| Antifederalist Critique of the Constitution: Elbridge Gerry's Report on the Constitution as Printed in Massachusetts Centinel (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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| James Madison, "Property" (1792) | |
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| Executive Power, Civil Liberties, and the Government | |
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| Hamilton Versus Madison on Presidential Power (1793) | |
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| George Washington, 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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| Thomas Jefferson, First Inaugural Address (1801) | |
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| Courts, Judges, and the Powers of Congress in the New Nation | |
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| The Judiciary Act (1789) | |
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| Jefferson v. 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 Lawcommerce, 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 Economics, 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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| Andrew Jackson, 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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| Joseph Angell, A Treatise on the Law of Watercourses (1854) | |
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| Note: Water Rights and Industrial Development 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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| Walter Prescott Webb, 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 and Warsaw Railway Co. (1871) | |
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| An Act to Establish the Responsibility of Railroad Corporations, Companies and Persons | |
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| 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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| Thomas R. R. Cobb, An Inquiry into the Law of Negro Slavery (1858) | |
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| The Power of the Master over the Slave 222 | |
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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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| Abraham Lincoln, "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 Secession | |
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| Declaration of the Immediate Causes Which Induce and Justify the Secession of South Carolina (1860) | |
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| Abraham Lincoln, First Inaugural Address (1861) | |
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| The Civil War and Emancipation | |
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| Abraham Lincoln, The Emancipation Proclamation (1863) | |
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| Note: The Effect of the Emancipation Proclamation | |
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| Note: The Effect of the Emancipation Proclamation | |
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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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| Note: Responses to the Civil Rights Cases | |
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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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| 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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| Lawyers and the Rise of the Regulatory State 1850-1920 | |
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| Total War, Civil Liberties, and Civil Rights | |
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| The Rise of Legal Liberalism, Economic Reform, and the New Deal 1900-1945 | |
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| Rights, Liberty, and Science in Modern America | |
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| Law and the Economy in Modern America | |
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| Law, Politics, and Terror | |