11-20 of 42 Results  for:

  • Legal History x
Clear all

Article

The Quaker “Invasion”  

Adrian Chastain Weimer

Founded in the late 1640s, Quakerism reached America in the 1650s and quickly took root due to the determined work of itinerant missionaries over the next several decades. Quakers, or members of the Society of Friends, faced different legal and social challenges in each colony. Many English men and women viewed Friends with hostility because they refused to bear arms in a colony’s defense or take loyalty oaths. Others were drawn to Quakers’ egalitarian message of universal access to the light of Christ in each human being. After George Fox’s visit to the West Indies and the mainland colonies in 1671–1672, Quaker missionaries followed his lead in trying to include enslaved Africans and native Americans in their meetings. Itinerant Friends were drawn to colonies with the most severe laws, seeking a public platform from which to display, through suffering, a joyful witness to the truth of the Quaker message. English Quakers then quickly ushered accounts of their sufferings into print. Organized and supported by English Quakers such as Margaret Fell, the Quaker “invasion” of itinerant missionaries put pressure on colonial judicial systems to define the acceptable boundaries for dissent. Nascent communities of Friends from Barbados to New England struggled with the tension between Quaker ideals and the economic and social hierarchies of colonial societies.

Article

Indian Gaming  

Laurie Arnold

Indian gaming, also called Native American casino gaming or tribal gaming, is tribal government gaming. It is government gaming built on sovereignty and consequently is a corollary to state gambling such as lotteries rather than a corollary to corporate gaming. While the types of games offered in casinos might differ in format from ancestral indigenous games, gaming itself is a cultural tradition in many tribes, including those who operate casino gambling. Native American casino gaming is a $33.7 billion industry operated by nearly 250 distinct tribes in twenty-nine states in the United States. The Indian Gaming Regulatory Act (IGRA) of 1988 provides the framework for tribal gaming and the most important case law in Indian gaming remains Seminole Tribe of Florida v. Butterworth, in the US Fifth Circuit Court of Appeals, and the US Supreme Court decision over California v. Cabazon Band of Mission Indians.

Article

The National Association for the Advancement of Colored People (NAACP)  

Lee Sartain

The NAACP, established in 1909, was formed as an integrated organization to confront racism in the United States rather than seeing the issue as simply a southern problem. It is the longest running civil rights organization and continues to operate today. The original name of the organization was The National Negro League, but this was changed to the NAACP on May 30, 1910. Organized to promote racial equality and integration, the NAACP pursued this goal via legal cases, political lobbying, and public campaigns. Early campaigns involved lobbying for national anti-lynching legislation, pursuing through the US Supreme Court desegregation in areas such as housing and higher education, and the pursuit of voting rights. The NAACP is renowned for the US Supreme Court case of Brown v. Board of Education (1954) that desegregated primary and secondary schools and is seen as a catalyst for the civil rights movement (1955–1968). It also advocated public education by promoting African American achievements in education and the arts to counteract racial stereotypes. The organization published a monthly journal, The Crisis, and promoted African American art forms and culture as another means to advance equality. NAACP branches were established all across the United States and became a network of information, campaigning, and finance that underpinned activism. Youth groups and university branches mobilized younger members of the community. Women were also invaluable to the NAACP in local, regional, and national decision-making processes and campaigning. The organization sought to integrate African Americans and other minorities into the American social, political, and economic model as codified by the US Constitution.

Article

Piracy in Colonial North America  

Mark G. Hanna

Historians of colonial British North America have largely relegated piracy to the marginalia of the broad historical narrative from settlement to revolution. However, piracy and unregulated privateering played a pivotal role in the development of every English community along the eastern seaboard from the Carolinas to New England. Although many pirates originated in the British North American colonies and represented a diverse social spectrum, they were not supported and protected in these port communities by some underclass or proto-proletariat but by the highest echelons of colonial society, especially by colonial governors, merchants, and even ministers. Sea marauding in its multiple forms helped shape the economic, legal, political, religious, and cultural worlds of colonial America. The illicit market that brought longed-for bullion, slaves, and luxury goods integrated British North American communities with the Caribbean, West Africa, and the Pacific and Indian Oceans throughout the 17th century. Attempts to curb the support of sea marauding at the turn of the 18th century exposed sometimes violent divisions between local merchant interests and royal officials currying favor back in England, leading to debates over the protection of English liberties across the Atlantic. When the North American colonies finally closed their ports to English pirates during the years following the Treaty of Utrecht (1713), it sparked a brief yet dramatic turn of events where English marauders preyed upon the shipping belonging to their former “nests.” During the 18th century, colonial communities began to actively support a more regulated form of privateering against agreed upon enemies that would become a hallmark of patriot maritime warfare during the American Revolution.

Article

The Clinton Scandals  

Clodagh Harrington

The Clinton scandals have settled in the annals of American political history in the context of the era’s recurrent presidential misbehavior. Viewed through a historical lens, the activities, investigation, and impeachment trial of the forty-second president are almost inevitably measured against the weight of Watergate and Iran-Contra. As a result, the actions and consequences of this high-profile moment in the late-20th-century political history of the United States arguably took on a weightier meaning than it might otherwise have. If Watergate tested the U.S. constitutional system to its limits and Iran-Contra was arguably as grave, the Clinton affair was crisis-light by comparison. Originating with an investigation into a failed 1970s Arkansas land deal by Bill Clinton and his wife, the saga developed to include such meandering subplots as Filegate, Travelgate, Troopergate, the death of White House counsel Vince Foster, and, most infamously, the president’s affair with a White House intern. Unlike Richard Nixon and Ronald Reagan, even Bill Clinton’s most ardent critics could not find a national security threat among the myriad scandals linked to his name. By the time that Justice Department appointee Robert Fiske was replaced as prosecutor by the infinitely more zealous Kenneth Starr, the case had become synonymous with the culture wars that permeated 1990s American society. As the Whitewater and related tentacles of the investigation failed to result in any meaningfully negative impact on the president, it was his marital infidelities that came closest to unseating him. Pursued with vigor by the Independent Counsel, his supporters remained loyal as his detractors spotted political opportunity via his lapses in judgment. Certain key factors made the Clinton scandal particular to its era. First, in an unprecedented development, the personal indiscretion aspect of the story broke via the Internet. In addition, had the Independent Counsel legislation not been renewed, prosecutor Fiske would likely have wrapped up his investigation in a timely fashion with no intention of pursuing an impeachment path. And, the relentless cable news cycle and increasingly febrile partisan atmosphere of the decade ensured that the nation remained as focused as it was divided on the topic.

Article

Civil Rights and Schools: Tinker v. Des Moines  

Kathryn Schumaker

The 1969 Supreme Court ruling in Tinker v. Des Moines established that students in public elementary and secondary schools do not “shed their constitutional rights to freedom of speech or expression at the schoolhouse gate.” Before Tinker, students often faced punishment from school officials for their role in protests both on and off campus. A rise in civil rights protests and the role of young people in the social movements of the 1960s led to frequent conflicts between students and school administrators. Many black students were especially vocal in contesting racial discrimination at school in the two decades following the 1954Brown v. Board of Education decision. But before Tinker, students in public elementary and secondary schools were not considered to have any constitutional rights, including the right to free expression. Some of these students brought lawsuits in response to punishments they believed unfairly disciplined them for participating in legitimate protests. The political activism of young people and developments in First Amendment law eventually brought the Constitution into the public school classroom, leading to Tinker and other cases that established students’ rights.

Article

US Antitrust Law and Policy in Historical Perspective  

Laura Phillips Sawyer

The key pieces of antitrust legislation in the United States—the Sherman Antitrust Act of 1890 and the Clayton Act of 1914—contain broad language that has afforded the courts wide latitude in interpreting and enforcing the law. This article chronicles the judiciary’s shifting interpretations of antitrust law and policy over the past 125 years. It argues that jurists, law enforcement agencies, and private litigants have revised their approaches to antitrust to accommodate economic shocks, technological developments, and predominant economic wisdom. Over time an economic logic that prioritizes lowest consumer prices as a signal of allocative efficiency—known as the consumer welfare standard—has replaced the older political objectives of antitrust, such as protecting independent proprietors or small businesses, or reducing wealth transfers from consumers to producers. However, a new group of progressive activists has again called for revamping antitrust so as to revive enforcement against dominant firms, especially in digital markets, and to refocus attention on the political effects of antitrust law and policy. This shift suggests that antitrust may remain a contested field for scholarly and popular debate.

Article

The Equal Rights Amendment  

Robyn Muncy

The Equal Rights Amendment (ERA), designed to enshrine in the Constitution of the United States a guarantee of equal rights to women and men, has had a long and volatile history. When first introduced in Congress in 1923, three years after ratification of the woman suffrage amendment to the US Constitution, the ERA faced fierce opposition from the majority of former suffragists. These progressive women activists opposed the ERA because it threatened hard-won protective labor legislation for wage-earning women. A half century later, however, the amendment enjoyed such broad support that it was passed by the requisite two-thirds of Congress and, in 1972, sent to the states for ratification. Unexpectedly, virulent opposition emerged during the ratification process, not among progressive women this time but among conservatives, whose savvy organizing prevented ratification by a 1982 deadline. Many scholars contend that despite the failure of ratification, equal rights thinking so triumphed in the courts and legislatures by the 1990s that a “de facto ERA” was in place. Some feminists, distrustful of reversible court decisions and repealable legislation, continued to agitate for the ERA; others voiced doubt that ERA would achieve substantive equality for women. Because support for an ERA noticeably revived in the 2010s, this history remains very much in progress.

Article

William Seward and the Diplomacy of the Civil War  

Stephen P. Randolph

Best known as Abraham Lincoln’s secretary of state during the Civil War, William Henry Seward conducted full careers as a statesman, politician, and visionary of America’s future, both before and after that traumatic conflict. His greatest legacy, however, lay in his service as the secretary of state, leading the diplomatic effort to prevent European intervention in the conflict. His success in that effort marked the margin between the salvation and the destruction of the Union. Beyond his role as diplomat, Seward’s signature qualities of energy, optimism, ambition, and opportunism enabled him to assume a role in the Lincoln administration extending well beyond his diplomatic role as the secretary of state. Those same qualities secured a close working relationship with the president as Seward overcame a rocky first few weeks in office to become Lincoln’s confidant and sounding board. Seward’s career in politics stretched from the 1830s until 1869. Through that time, he maintained a vision of a United States of America built on opportunity and free labor, powered by government’s active role in internal improvement and education. He foresaw a nation fated to expand across the continent and overseas, with expansion occurring peacefully as a result of American industrial and economic strength and its model of government. During his second term as secretary of state, under the Johnson administration, Seward attempted a series of territorial acquisitions in the Caribbean, the Pacific, and on the North American continent. The state of the post-war nation and its fractious politics precluded success in most of these attempts, but Seward was successful in negotiating and securing Congressional ratification of the purchase of Alaska in 1867. In addition, Seward pursued a series of policies establishing paths followed later by US diplomats, including the open door in China and the acquisition of Hawaii and US naval bases in the Caribbean.

Article

International Law and US Foreign Relations  

Brian Cuddy

International law is the set of rules, formally agreed by treaty or understood as customary, by which nation-states interact with each other in a form of international society. Across the history of U.S. foreign relations, international law has provided both an animating vision, or ideology, for various American projects of world order, and a practical tool for the advancement of U.S. power and interests. As the American role in the world changed since the late 18th century, so too did the role of international law in U.S. foreign policy. Initially, international law was a source of authority to which the weak American government could appeal on questions of independence, sovereignty, and neutrality. As U.S. power grew in the 19th and early 20th centuries, international law became variously a liberal project for the advancement of peace, a civilizational discourse for justifying violence and dispossession, and a bureaucratic and commercial tool for the expansion of empire. With the advent of formal inter-governmental organizations in the 20th century, the traditional American focus on neutrality faded, to be replaced by an emphasis on collective security. But as the process of decolonization diluted the strength of the United States and its allies in the parliamentary chambers of the world’s international organizations, Washington increasingly advanced its own interpretations of international law, and opted out of a number of international legal regimes. At the same time, Americans increasingly came to perceive of international law as a vehicle to advance the human rights of individuals over the sovereign rights of states.