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Ohio University Press · Swallow Press · www.ohioswallow.com

Legal and Constitutional History

Legal and Constitutional History Book List

2013 Award of Superior Achievement from the Illinois State Historical Society.
Cover of 'The Jury in Lincoln’s America'

The Jury in Lincoln’s America
By Stacy Pratt McDermott

In the antebellum Midwest, Americans looked to the law, and specifically to the jury, to navigate the uncertain terrain of a rapidly changing society. During this formative era of American law, the jury served as the most visible connector between law and society. Through an analysis of the composition of grand and trial juries and an examination of their courtroom experiences, Stacy Pratt McDermott demonstrates how central the law was for people who lived in Abraham Lincoln’s America.McDermott

Cover of 'Ohio Canal Era'

Ohio Canal Era
A Case Study of Government and the Economy, 1820–1861
By Harry N. Scheiber
· Foreword by Lawrence M. Friedman

Explores how Ohiou2009—u2009as a “public enterprise state,” creating state agencies and mobilizing public resources for transport innovation and controlu2009—u2009led in the process of economic change before the Civil War.

Cover of 'Congress and the Crisis of the 1850s'

Congress and the Crisis of the 1850s
Edited by Paul Finkelman and Donald R. Kennon

During the long decade from 1848 to 1861 America was like a train speeding down the track, without an engineer or brakes. The new territories acquired from Mexico had vastly increased the size of the nation, but debate over their status—and more importantly the status of slavery within them—paralyzed the nation. Southerners gained access to the territories and a draconian fugitive slave law in the Compromise of 1850, but this only exacerbated sectional tensions.

Cover of 'The Papers of Clarence Mitchell Jr., Volume IV'

The Papers of Clarence Mitchell Jr., Volume IV
Director of the NAACP Washington Bureau, 1951–1954
By Clarence Mitchell Jr.
· Edited by Denton L. Watson

Volume IV of The Papers of Clarence Mitchell Jr. covers 1951, the year America entered the Korean War, through 1954, when the NAACP won its Brown v. Board of Education case, in which the Supreme Court declared that segregation was discrimination and thus unconstitutional. The decision enabled Mitchell to implement the legislative program that President Truman’s Committee on Civil Rights outlined in its landmark 1947 report, To Secure These Rights.The

Cover of 'Domestic Violence and the Law in Colonial and Postcolonial Africa'

Domestic Violence and the Law in Colonial and Postcolonial Africa
Edited by Emily S. Burrill, Richard L. Roberts, and Elizabeth Thornberry

Domestic Violence and the Law in Colonial and Postcolonial Africa reveals the ways in which domestic space and domestic relationships take on different meanings in African contexts that extend the boundaries of family obligation, kinship, and dependency. The term domestic violence encompasses kin-based violence, marriage-based violence, gender-based violence, as well as violence between patrons and clients who shared the same domestic space.

A Choice “Outstanding Academic Title”
Cover of 'The Law and the Prophets'

The Law and the Prophets
Black Consciousness in South Africa, 1968–1977
By Daniel Magaziner

“No nation can win a battle without faith,” Steve Biko wrote, and as Daniel R. Magaziner demonstrates in The Law and the Prophets, the combination of ideological and theological exploration proved a potent force.The 1970s are a decade virtually lost to South African historiography. This span of years bridged the banning and exile of the country’s best-known antiapartheid leaders in the early 1960s and the furious protests that erupted after the Soweto uprisings of June 16, 1976.

Cover of 'The Dred Scott Case'

The Dred Scott Case
Historical and Contemporary Perspectives on Race and Law
Edited by David Thomas Konig, Paul Finkelman, and Christopher Alan Bracey

In 1846 two slaves, Dred and Harriet Scott, filed petitions for their freedom in the Old Courthouse in St. Louis, Missouri. As the first true civil rights case decided by the U.S. Supreme Court, Dred Scott v. Sandford raised issues that have not been fully resolved despite three amendments to the Constitution and more than a century and a half of litigation.The

Cover of 'Papers of Clarence Mitchell Jr., Vol III'

Papers of Clarence Mitchell Jr., Vol III
NAACP Labor Secretary and Director of the NAACP Washington Bureau, 1946–1950
By Clarence Mitchell Jr.
· Edited by Denton L. Watson

Born in Baltimore in 1911, Clarence Mitchell Jr. led the struggle for passage of the 1957 Civil Rights Act, the 1960 Civil Rights Act, the 1964 Civil Rights Act, the 1965 Voting Rights Act, and the 1968 Fair Housing Act. Volumes I (1942–1943) and II (1944–1946) of The Papers of Clarence Mitchell Jr.,

Cover of 'Gibbons v. Ogden, Law, and Society in the Early Republic'

Gibbons v. Ogden, Law, and Society in the Early Republic
By Thomas H. Cox

Gibbons v. Ogden, Law, and Society in the Early Republic examines a landmark decision in American jurisprudence, the first Supreme Court case to deal with the thorny legal issue of interstate commerce.Decided in 1824, Gibbons v. Ogden arose out of litigation between owners of rival steamboat lines over passenger and freight routes between the neighboring states of New York and New Jersey.

Cover of 'Democracy in Session'

Democracy in Session
A History of the Ohio General Assembly
By David M. Gold

For more than 200 years no institution has been more important to the development of the American democratic polity than the state legislature, yet no political institution has been so neglected by historians. Although more lawmaking takes place in the state capitals than in Washington D.C., scholars have lavished their attention on Congress, producing only a handful of histories of state legislatures.

Cover of 'No Winners Here Tonight'

No Winners Here Tonight
Race, Politics, and Geography in One of the Country’s Busiest Death Penalty States
By Andrew Welsh-Huggins

Few subjects are as intensely debated in the United States as the death penalty. Some form of capital punishment has existed in America for hundreds of years, yet the justification for carrying out the ultimate sentence is a continuing source of controversy.

Cover of 'Land, Power, and Custom'

Land, Power, and Custom
Controversies Generated by South Africa’s Communal Land Rights Act
Edited by Aninka Claassens and Ben Cousins

Land tenure rights are a burning issue in South Africa, as in Africa more widely. Land, Power, and Custom explores the implications of the controversial 2004 Communal Land Rights Act, criticized for reinforcing the apartheid power structure and ignoring the interests of the common people.

Cover of 'Landmarked'

Landmarked
Land Claims and Land Restitution in South Africa
By Cherryl Walker

The year 2008 is the deadline set by President Mbeki for the finalization of all land claims by people who were dispossessed under the apartheid and previous white governments. Although most experts agree this is an impossible deadline, it does provide a significant political moment for reflection on the ANC government’s program of land restitution since the end of apartheid.Land

Cover of 'The History of Nebraska Law'

The History of Nebraska Law
Edited by Alan G. Gless

In the aftermath of the Civil War, legislators in the Nebraska Territory grappled with the responsibility of forming a state government as well as with the larger issues of reconstructing the Union, protecting civil rights, and redefining federal-state relations. In the years that followed, Nebraskans coped with regional and national economic collapses. Nebraska women struggled for full recognition in the legal profession.

Cover of 'American Pogrom'

American Pogrom
The East St. Louis Race Riot and Black Politics
By Charles L. Lumpkins

On July 2 and 3, 1917, a mob of white men and women looted and torched the homes and businesses of African Americans in the small industrial city of East St. Louis, Illinois. When the terror ended, the attackers had destroyed property worth millions of dollars, razed several neighborhoods, injured hundreds, and forced at least seven thousand black townspeople to seek refuge across the Mississippi River in St. Louis, Missouri.

Cover of 'Human Rights in African Prisons'

Human Rights in African Prisons
Edited by Jeremy Sarkin

Prisons are always a key focus of those interested in human rights and the rule of law. Human Rights in African Prisons looks at the challenges African governments face in dealing with these issues.Written by some of the most eminent researchers from and on Africa, including the former chairperson of the African Commission on Human and Peoples’ Rights.

Winner of the Gambrinus Prize and the Dale Somers Memorial Award
Cover of 'The Rescue of Joshua Glover'

The Rescue of Joshua Glover
A Fugitive Slave, the Constitution, and the Coming of the Civil War
By H. Robert Baker

On March 11, 1854, the people of Wisconsin prevented agents of the federal government from carrying away the fugitive slave, Joshua Glover. Assembling in mass outside the Milwaukee courthouse, they demanded that the federal officers respect his civil liberties as they would those of any other citizen of the state. When the officers refused, the crowd took matters into its own hands and rescued Joshua Glover.

Cover of 'Noble Purposes'

Noble Purposes
Nine Champions of the Rule of Law
Edited by Norman Gross
· Foreword by Karen J. Mathis

Throughout the history of the United States, the acts of a few have proved to be turning points in the way our legal system has treated the least of us. The nine individuals whose deeds are recounted have compelling stories, and though they remain unknown to the general public, their commitment to the rule of law has had a lasting impact on our nation.Noble Purposes brings their stories to life.

Cover of 'Democratic Reform in Africa'

Democratic Reform in Africa
Its Impact on Governance and Poverty Alleviation
Edited by Muna Ndulo

Democratic reform in Africa has been slow, difficult, and at times painful. Nevertheless, sufficient time has passed for those interested in political and economic development to assess what progress, if any, Africa has made in addressing the need for the consolidation of democratic reform and the resolution of considerable developmental challenges. Economic aid and other forms of financial assistance are progressively conditioned on good governance.

Cover of 'The Fairer Death'

The Fairer Death
Executing Women in Ohio
By Victor L. Streib

Women on death row are such a rarity that, once condemned, they may be ignored and forgotten. Ohio, a typical, middle-of-the-road death penalty state, provides a telling example of this phenomenon. The Fairer Death: Executing Women in Ohio explores Ohio’s experience with the death penalty for women and reflects on what this experience reveals about the death penalty for women throughout the nation.Victor

Selected as a 2007 Michigan Notable Book
Winner of Michigan’s State History Award
Cover of 'The History of Michigan Law'

The History of Michigan Law
Edited by Paul Finkelman and Martin J. Hershock

The History of Michigan Law offers the first serious survey of Michigan’s rich legal past. Michigan legislators have played a leading role in developing modern civil rights law, protecting the environment, and assuring the right to counsel for those accused of crimes. Michigan was the first jurisdiction in the English-speaking world to abolish the death penalty.

Cover of 'The History of Indiana Law'

The History of Indiana Law
Edited by David J. Bodenhamer and Randall T. Shepard

Long regarded as a center for middle-American values, Indiana is also a cultural crossroads that has produced a rich and complex legal and constitutional heritage. The History of Indiana Law traces this history through a series of expert articles by identifying the themes that mark the state’s legal development and establish its place within the broader context of the Midwest and nation.The

Cover of 'The Black Laws'

The Black Laws
Race and the Legal Process in Early Ohio
By Stephen Middleton

Beginning in 1803, the Ohio legislature enacted what came to be known as the Black Laws. These laws instituted barriers against blacks entering the state and placed limits on black testimony against whites.

Cover of 'The Papers of Clarence Mitchell Jr., Volume II'

The Papers of Clarence Mitchell Jr., Volume II
1944–1946
By Clarence Mitchell Jr.
· Edited by Denton L. Watson

Clarence Mitchell Jr. was the driving force in the movement for passage of civil rights laws in America. The foundation for Mitchell’s struggle was laid during his tenure at the Fair Employment Practice Committee, where he led implementation of President Roosevelt’s policy barring racial discrimination in employment in the national defense and war industry programs. Mitchell’s FEPC reports and memoranda chart the beginning of the modern civil rights movement.The

Cover of 'The Papers of Clarence Mitchell Jr., Volume I'

The Papers of Clarence Mitchell Jr., Volume I
1942–1943
By Clarence Mitchell Jr.
· Edited by Denton L. Watson

Clarence Mitchell Jr. was the driving force in the movement for passage of civil rights laws in America. The foundation for Mitchell’s struggle was laid during his tenure at the Fair Employment Practice Committee, where he led implementation of President Roosevelt’s policy barring racial discrimination in employment in the national defense and war industry programs. Mitchell’s FEPC reports and memoranda chart the beginning of the modern civil rights movement.The

Cover of 'A Place of Recourse'

A Place of Recourse
A History of the U.S. District Court for the Southern District of Ohio, 1803–2003
By Roberta Sue Alexander

The first history of a federal district court in a midwestern state, A Place of Recourse explains a district court’s function and how its mission has evolved. The court has grown from an obscure institution adjudicating minor debt and land disputes to one that plays a central role in the political, economic, and social lives of southern Ohioans.In tracing the court’s development, Alexander explores the central issues confronting the district court judges during each historical era.

Cover of 'Closing Arguments'

Closing Arguments
Clarence Darrow on Religion, Law, and Society
By Clarence Darrow
· Edited by S. T. Joshi

Clarence Darrow, son of a village undertaker and coffinmaker, rose to become one of America’s greatest attorneys—and surely its most famous. The Ohio native gained renown for his central role in momentous trials, including his 1924 defense of Leopold and Loeb and his defense of Darwinian principles in the 1925 Scopes “Monkey Trial.”

Cover of 'Frontiers of Freedom'

Frontiers of Freedom
Cincinnati’s Black Community 1802–1868
By Nikki M. Taylor

Nineteenth-century Cincinnati was northern in its geography, southern in its economy and politics, and western in its commercial aspirations. While those identities presented a crossroad of opportunity for native whites and immigrants, African Americans endured economic repression and a denial of civil rights, compounded by extreme and frequent mob violence. No other northern city rivaled Cincinnati’s vicious mob spirit.Frontiers

Cover of 'The History of Ohio Law'

The History of Ohio Law
By Michael Les Benedict and John F. Winkler

The History of Ohio Law is a complete sourcebook on the origin and development of Ohio law and its relationship to society. A model for work in this field, it is the starting point for any investigation of the subject.In the two-volume The History of Ohio Law, distinguished legal historians, practicing Ohio attorneys, and judges present the history of Ohio law and the interaction between law and society in the state.

Cover of 'Post-Apartheid Constitutions'

Post-Apartheid Constitutions
Perspectives on South Africa’s Basic Law
Edited by Penelope Andrews and Stephen Ellmann

In a book which offers a unique range of perspectives on the development of South Africa’s Interim and final Constitutions, scholars, practising lawyers, members of the judiciary and the Human Rights Commission, and political leaders illuminate the many issues of process, substance and context presented by the Constitutions.Essays on process make clear the challenges and the triumphs of South Africa’s constitutional rebirth.