Reading Assignments
REQUIRED READING:
Friedman, A History of American Law (3d ed., 2005) (paperback), and
History of American Law Documents
TOPICS AND ASSIGNMENTS
We will take the following assignments in order, each assignment will take about one class. My tendency is to take too much time rather than too little, and for that reason there are fewer assignments than scheduled class meetings.
Where no reading assignment is indicated for a particular topic, this means that you'll be just fine if you show up to class having read everything to that point in the class. Use these days as opportunities to catch up with the reading.
INTRODUCTION
Friedman, History of American Law, ix-xx.
- (Read this assignment at some point early in the semester.)
LAW IN THE COLONIAL PERIOD
- Friedman, History of American Law, 3-61.
(Read this entire assignment at some point early in the discussion of the colonial period.)
1. "Remembered Folk Law" (For the first class, read this assignment)
John Winthrop, "Speech on Liberty" (1645).
Laws and Libertyes of Massachusetts (1648).
Links: (reading
Links is always optional)
The Mayflower
Biography
of John Winthrop
Winthrop,
"A Modell of Christian Charity," (1630)
Bibles:
Geneva Bible, (1587) [The version of the bible carried on
the Mayflower.]
Geneva Study Bible, (1599) [updated language and notes by
Jean Calvin.]
King James Bible
2. "Crime and Punishment"
- The Pynchon Court Record (1639-42)
William Bradford,
Of Plimouth Plantation (1642)
Proceedings of the Provincial Court of Maryland (1664)
Records and Files of the Quarterly Courts of Essex County, Massachusetts at Ipswich (1664, 1665, 1682)
Links:
Cotton Mather, What
Must I do to be Saved?
Plymouth Colony Archive
Project.
3. "17th-Century Courts and Labor"
- Archives of Maryland, Kent County (1661, 1668)
4. "Racism and Slavery in 17th-Century Virginia"
Act of the Virginia General Assembly (1639-40)
Virginia Statutes on Slaves and Servants (1642-1738)
5. "18th-Century Colonial History"
Jonathan Edwards, "Sinners in the Hands of an Angry God."
George Whitfield, "The Eternity of Hell--Torments."
Revolution and Independence
- Friedman, History of American Law, 63-104.
6. "Revolution and Independence"
- The Declaration of
Independence (1776)
New Hampshire Laws (1776, 1784)
Constitution of Pennsylvania (1776)
7. "Excesses of Democracy"
- Grimke's Account of the
Camden Riot (1785)
Camden Memorial (1785)
Execution Sales Act (SC, 1785)
David Ramsay's Letter to Jefferson (1787)
David Ramsay, History of South Carolina (1809)
Links:
Delegates
to the Constitutional Convention
The
Federalist Papers or The
Federalist Papers
Papers of James Madison
Papers of George
Washington
8. "Sources and Authority of Law"
Links:
Biography of James
Kent.
9. "The Legal Profession"
- Friedman, History, 226-249.
de
Tocqueville, Democracy in America (1835)
Alexander Hamilton, Federalist 78
Daniel Webster, Autobiographical Sketch (1829)
Caton, Bench and Bar of Illinois (1893)
Baldwin, Flush Times (1853)
Links:
Life of de
Tocqueville
10. "Public Lands"
- Friedman, History, 105-119, 167-188.
Northwest
Ordinance (1787)
Public Lands Statutes (1796-1850)
Links:
Michigan
Survey: Northwest Ordinance in Action.
Cadastral Survey
11. "Native Peoples"
- James Kent, Commentaries,
6th ed. (1848)
Tecumseh's Speech at Vincennes (1810)
Dawes Act (1887)
[John W. Noble,] Secretary of the Interior, Rules of Indian Courts and “What is an Indian?”
(1892).
Links:
Biography of
Tecumseh
History of the Cherokee
Nation
12. "Real Property Law"
- Massachusetts Mill Dam Act
(1795)
Merritt v. Parker (NJ, 1795)
Martin v. Bigelow, (VT, 1827)
Snow v. Parsons (VT, 1856)
Review of Angell, Treatise on Watercourses (1829)
13. "The Corporate Trajectory and Creative Destruction"
- Friedman, History, 129-139.
NY
Council of Revision (1785)
Currie's Admin. v. Mutual Assurance Soc.
(VA, 1809)
Ellis v. Marshall (MA, 1807)
Jackson's Veto of the Second Bank
(1832)
Charles River Bridge v. Warren Bridge (1837)
NJ Turnpike Incorporation Act (1856)
14. "Tort and Labor"
- Friedman, History, 222-225.
John Stark versus Thomas Parker, (MA, 1824).
Nicholas Farwell vs. The Boston and Worcester Rail Road Corporation, (MA, 1842)
15. "Women, Marriage, and Children"
- Friedman,History, 149-154.
Elizabeth Cady Stanton, Declarations of Sentiments and Resolutions (Seneca Falls Convention, 1848).
Maria Wightman versus Joshua Coates, (MA, 1818).
Askew vs. Dupree, (GA, 1860).
"An Act to provide for the Adoption of Children," (MA, 1851).Revised Statutes, Maine, 1847, Chapter 89, Section 2.
Laws, Maine, 1849, Ch. 116, section 1.
16. "Property and Marriage"
- Laws of New York, (NY, 1848).
Laws of New York, (1849).
Blood vs. Humphrey, (NY, 1854).
Laws of New York, (1860).
Laws of New York, (1860).
Buckley v. Wells, (1865)
17. "Punishment and Penitence"
- Friedman, History, 207-222.
Gustave de Beaumont & Alexis de Tocqueville,
On the Penitentiary System in the United States and Its Application in France, (1833).
Charles Dickens,
American Notes For General Circulation (London, 1850).
Penitentiary Law of 1829, Statutes of Tennessee.
Thomas J. Dimsdale, The vigilantes of Montana; or, Popular justice in the Rocky Mountains (MT, 1866).
Optional: Friedman, Crime and Punishment in American History
Links:
Eastern State
Penitentiary (text, photos, and a movie)
18. "Everyday Law of Slavery"
- REVISED CODE OF NORTH CAROLINA (1854).
Wheeler, A PRACTICAL TREATISE on the LAW OF SLAVERY (1837).
Links:
American Slave Narratives (text plus voice)
19. "Slavery as a Constitutional System"
- Bryan v. Walton, (GA, 1853).
George Fitzhugh, SOCIOLOGY FOR THE SOUTH (1854).
SLAVERY UNDER THE CONSTITUTION
Fugitive Slave Act of 1850, (1850).
FROM THE CIVIL WAR TO THE NEW DEAL
- Friedman, History of American Law, 335-632 [daily assignments indicated below]
20. "Slavery, the Confederacy, and the Civil War"
Dred Scott, Plaintiff in Error, v. John F. A. Sandford, (USSC, 1857).
CONSTITUTIONS OF THE UNITED STATES (1787) AND THE CONFEDERATE STATES OF AMERICA (1861).
The Emancipation Proclamation (1863)
Links:
Editorials about the Dred Scott case (1857)
Dred Scott Archive
21. "A Ladder of Rights"
- Friedman, History, skim 337-70
ABRAHAM LINCOLN'S SECOND INAUGURAL ADDRESS
An act to confer Civil Rights on Freedmen, (MS, 1865).Civil Rights Act, (1866).
W[illiam] S[tewart] Simkins, Professor of Law in the University of Texas, "WHY THE KU KLUX," 4 The Alcalde (June 1916): 735-748.
Civil Rights Act of 1875, (1875).
22. "Labor and Populism in the late 20th Century."
Oliver Wendell Holmes to Emily Hallowell, 16 November 1862, (Cambridge: Harvard University Press, 1946).
"THE REBELLION AT HOMESTEAD," Harper's Weekly (New York City, July 16, 1892).
William Jennings Bryan, "Cross of Gold," in William Jennings Bryan, Speeches of William Jennings Bryan, (New York: Funk & Wagnalls, 1909). [Get]
Lochner v. New York (1905)
23. "Legal Education/The Legal Profession"
- Friedman, History, 279-308, 463-500
[Thomas
Shearman?], The Judiciary of New York, 105 North American
Review, July 1867, pp. 148-176.
David Dudley Field, "The Laws and
Lawyers of New York,"
"AN ACT relative to the law
school of Columbia College," Chap. 202, Laws N.Y. 1860
(Passed April 7, 1860).
Henry W. Taft, A Century and a Half at the
New York Bar (New York, 1938).
Robert Taylor Swaine, The Cravath Firm
and Its Predecessors (New York: Ad Press, 1946-48).
Christopher Columbus Langdell, SUMMARY of THE LAW OF CONTRACTS,
(1871).
24. "Progressive Era Law in Action"
- Friedman, History, 329-349.
Crystal
Eastman, Work Accidents and the Law (1910).
BUCK v. BELL, 274 U.S. 200 (1927).
Links:
What was the
Pittsburgh Survey?
Wisconsin Historical Society,
Robert M. LaFollette
Wisconsin Historical Society,
Progressivism and the Wisconsin Idea
25. "Legal Realism"
- Joseph
C. Hutcheson, Jr., "The Judgment Intuitive: The Function of the
‘Hunch’ in Judicial Decision", 14 Cornell Law
Quarterly 274-88 (April, 1929).
Robert L. Hale, "Coercion and Distribution in a Supposedly Non-Coercive State," 38 Political Science Quarterly (1923), 470-478. [Get]
FRED RODELL, "Goodbye to Law Reviews" (1936), 23 Virginia Law Review 38-45 (November 1936).
26. "The New Deal and Conclusion"
Friedman, History, 501-584.
Louis D. Brandeis, "THE OPPORTUNITY IN THE LAW," business--a profession (1914).
- Links: