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In this article Professor Perry argues that Plessy v. Ferguson and the de jure segregation it heralded has overdetermined the discourse on Jim Crow. She demonstrates through a historical analysis of activist movements, popular literature, and case law that private law, specifically property and contract, were significant aspects of Jim Crow law and culture. The failure to understand the significance of private law has limited the breadth of juridical analyses of how to respond to racial divisions and injustices. Perry therefore contends that a paradigmatic shift is necessary in scholarly analyses of the Jim Crow era, to include private law, and moreover that this shift will enrich our understandings of both historic and current inequalities.

Reading African American literature through the lens of American legal history broadly construed and reading American legal history through the lens of African American literature reshapes both texts of American experience and provides new readings of the literature and new perspectives on the law. Consequences for the understanding of each socially constructed “text” of reality proceed from examining their common narratival practices, specifically calling for a new periodization and taxonomy of African American literature and for a new “romantic” history of American law.

Giorgio Agamben has used the notion of the state of exception to describe the United States’ detention camps in Cuba. Agamben argues that the use of the state of exception in the U.S. can be traced back to President Lincoln's suspension of the right of habeas corpus during the Civil War. This paper suggests that this argument obscures more relevant legal and political precedents that can be found in U.S. territorial legal history. Moreover, while Agamben's argument obscures conceptual distinctions between a state of emergency and a state of exception, his argument also provides resources that can expose the limits of liberal interpretations of the relationship between the State, the citizen, and the law.

The purpose of this paper is to identify and describe the reference works useful for finding written information on the North American Indian (that is, Indians presently and in the past living in what is now the United States and Canada).

Neoclassic economics is a thing of considerable beauty. It yet finds an increasing tendency on the part of those trained in its discipline to rebel from its neatly fitted abstractions and intriguing diagrams. The rebellion stems from two sources. Veblen's sweeping attacks upon its postulates¹⁶ shock its theoretical foundations. The rapid changes in the industrial and business world discredited it on another front by bringing into increasingly sharp relief the divergence between the institutional assumptions of the orthodox theory and the conditions actually obtaining. The giant corporation, overhead costs, and the necessity for maintenance of volume, industrial concentration, the trade association, a widening spread among income classes, advertising, the growing inability of the consumer to gauge quality, the resort to reorganization instead of the “going out of business” of the long-run analyses – what place could the orthodox theory give to these important characteristics of the existing business economy?

This chapter re-assesses the stories of three important Asian American women in the United States in the first half of the twentieth century. Like many undocumented migrants in our current day, they each “discovered,” as children and as young adults, that they and other members of their families had a “pariah status,” as immigrants, as women of color, and as persons who could not enjoy the rights and opportunities of citizens of the United States. This chapter explores how they coped with being “unlawful,” with their precarious status, both by evading the law and then also by becoming critics of the law itself.

Law requires translations in order to make the mundane world legible to the legal sphere. This translation requires transposing an infinite landscape of ethical possibilities into a set number of categories, modes of speech, reasoning, and histories. The body represents both a challenge to this translation while illuminating the historical contingency of the contaminants that ineluctably shape law’s responsiveness. This chapter is concerned with the way the figure of the body in law acts as a kind of absent presence through the writ of habeas corpus, what Roberto Esposito (2015) calls ‘the silent mechanism that facilitates the passage from one mechanism to another through the chain of symbols engendered by its very presence’. The author would like to trace this chain of symbols which permits the passage from differing legal mechanisms through the history of the writ of habeas corpus to examine how it served as one vehicle through which law established predominance in Colonial British Columbia. Through British Columbia colonial legal history, this chapter will examine how Habeas corpus was used to more than merely seize jurisdiction but, more pointedly, to mobilise images of sovereignty to bolster local, contingent, and contextual forms of authority and sovereignty. In the end, the author’s argument will contribute to an understanding of the various mechanisms and discourses that sought to envelope the differing peoples, landscapes, and topographies of British Columbia into a single normative and affective legal atmosphere, as lawmakers sought to distinguish themselves from their southern neighbour’s colonial experience.

The debate over ‘judicial activism’ has flourished in recent decades, but the term was in fact coined 70 years ago, by the historian Arthur Schlesinger, Jr. The legal academy has bemoaned the term as perpetually ill-defined, but can this be attributed to its equivocal beginnings on the pages of Fortune magazine? This chapter investigates the circumstances in which the term was produced and the early meanings given to it in scholarly work. It is argued that there was very little effort on the part of legal academics and political scientists to gather a consensus as to definition, or otherwise to treat the terminology with caution, before the term was wrested from the university cloisters and captured by the popular media in the mid-1960s.

When the 13 colonies in North America, the slave colony of Saint-Domingue, and the colonial territories of the Portuguese and Spanish Americas all rose against their imperial rulers, a new postcolonial order seemingly emerged in the Western Hemisphere. The reality of this situation forced political theorists and practitioners of the early 19th century to rethink the way in which they envisioned the nature and dynamics of international order. But a careful analysis of this shift reveals that it was not the radical break with prior notions of sovereignty and territoriality, often described in the literature. This was not the emergence of a new postimperial system of independent, nationally anchored states. Rather, it reflected a creative rethinking of existing notions of divided sovereignty and composite polities, rife with political experiments – from the formation of a new multi-centered empire in North America to the quasi-states and federations of Latin America. This moment of political experimentation and postcolonial order-making presented a distinctly new world repertoire of empire and state-building, parts of which were at least as violent and authoritarian as those of the old world empires it had replaced. The most radical ideas of freedom and liberty, championed by the black republic of Haiti, remained marginalized and sidelined by more conservative powers on both sides of the Atlantic.