Most observers have assumed that school segregation in the United States was exclusively a southern phenomenon. In fact, many northern communities, until recently, engaged in explicit "southern style" school segregation whereby black children were assigned to "colored" schools and white children to white schools. Davison Douglas examines why so many northern communities did engage in school segregation (in violation of state laws that prohibited such segregation) and how northern blacks challenged this illegal activity. He analyzes the competing visions of black empowerment in the northern...

Freedom of speech is a central tenet of the American way of life that is tested and fought over seemingly every day. Curiously, people who follow and study free speech issues assume that controversies and litigation about free speech began abruptly during World War I. The surprising research in this original book reveals that this conventional view is incorrect, and that the previously unknown history of free speech between the Civil War and World War I is rich and varied. For instance, the author shows that important free speech controversies, often involving the activities of sex reformers...

Through courtroom dramas from 1865 to 1920, Recasting American Liberty offers a dramatic reconsideration of the critical role railroads, and their urban counterpart, streetcars, played in transforming the conditions of individual liberty at the dawn of the 20th century. The three-part narrative, focusing on the law of accidental injury, nervous shock, and racial segregation in public transit, captures Americans' journey from a cultural and legal ethos celebrating manly independence and autonomy to one that recognized and sought to protect the individual against the corporate power, modern...

The international spread of antitrust suggested the historical process shaping global capitalism. By the 1930s, Americans feared that big business exceeded the government's capacity to impose accountability, engendering the most aggressive antitrust campaign in history. Meanwhile, big business had emerged to varying degrees in liberal Britain, Australia and France, Nazi Germany, and militarist Japan. These same nations nonetheless expressly rejected American-style antitrust as unsuited to their cultures and institutions. After World War II, however, governments in these nations--as well as...

Most observers have assumed that school segregation in the United States was exclusively a southern phenomenon. In fact, many northern communities, until recently, engaged in explicit "southern style" school segregation whereby black children were assigned to "colored" schools and white children to white schools. Davison Douglas examines why so many northern communities did engage in school segregation (in violation of state laws that prohibited such segregation) and how northern blacks challenged this illegal activity. He analyzes the competing visions of black empowerment in the northern...

The international spread of antitrust suggested the historical process shaping global capitalism. By the 1930s, Americans feared that big business exceeded the government's capacity to impose accountability, engendering the most aggressive antitrust campaign in history. Meanwhile, big business had emerged to varying degrees in liberal Britain, Australia and France, Nazi Germany, and militarist Japan. These same nations nonetheless expressly rejected American-style antitrust as unsuited to their cultures and institutions. After World War II, however, governments in these nations--as well as...

Industrial Violence and the Legal Origins of Child Labor challenges existing understandings of child labor by tracing how law altered the meanings of work for young people in the United States between the Revolution and the Great Depression. Rather than locating these shifts in statutory reform or economic development, it finds the origin in litigations that occurred in the wake of industrial accidents incurred by young workers. Drawing on archival case records from the Appalachian South between the 1880s and the 1920s, the book argues that young workers and their families envisioned an...

Challenges understandings of child labor by tracing how law altered the meanings of work for young people in the United States.

In this expansive history, Robert J. Steinfeld offers a thorough re-interpretation of the origins of American judicial review and the central role it quickly came to play in the American constitutional system. Beginning with Privy Council review of American colonial legislation, the book goes on to provide detailed descriptions of the character of the first American constitutions, showing that they drew heavily on traditional Anglo/American constitutional assumptions, which treated legislatures as the primary interpreters of constitutions. Steinfeld then expertly analyses the central role...