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Conquest By Law

Author: Lindsay G. Robertson
Publisher: Oxford University Press
ISBN: 0199881995
Size: 49.41 MB
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In 1823, Chief Justice John Marshall handed down a Supreme Court decision of monumental importance in defining the rights of indigenous peoples throughout the English-speaking world. At the heart of the decision for Johnson v. M'Intosh was a "discovery doctrine" that gave rights of ownership to the European sovereigns who "discovered" the land and converted the indigenous owners into tenants. Though its meaning and intention has been fiercely disputed, more than 175 years later, this doctrine remains the law of the land. In 1991, while investigating the discovery doctrine's historical origins Lindsay Robertson made a startling find; in the basement of a Pennsylvania furniture-maker, he discovered a trunk with the complete corporate records of the Illinois and Wabash Land Companies, the plaintiffs in Johnson v. M'Intosh. Conquest by Law provides, for the first time, the complete and troubling account of the European "discovery" of the Americas. This is a gripping tale of political collusion, detailing how a spurious claim gave rise to a doctrine--intended to be of limited application--which itself gave rise to a massive displacement of persons and the creation of a law that governs indigenous people and their lands to this day.

The Third Reconstruction

Author: William J. Barber, II
Publisher: Beacon Press
ISBN: 0807083607
Size: 34.48 MB
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"In the summer of 2013, Moral Mondays gained national attention as tens of thousands of citizens protested the extreme makeover of North Carolina's state government and over a thousand people were arrested in the largest mass civil disobedience movement since the lunch counter sit-ins of 1960. Every Monday for 13 weeks, Rev. Dr. William J. Barber led a revival meeting on the state house lawn that brought together educators and the unemployed, civil rights and labor activists, young and old, documented and undocumented, gay and straight, black, white and brown. News reporters asked what had happened in state politics to elicit such a spontaneous outcry. But most coverage missed the seven years of coalition building and organizing work that led up to Moral Mondays and held forth a vision for America that would sustain the movement far beyond a mass mobilization in one state. A New Reconstruction is Rev. Barber's memoir of the Forward Together Moral Movement, which began seven years before Moral Mondays and extends far beyond the mass mobilizations of 2013. Drawing on decades of experience in the Southern freedom struggle, Rev. Barber explains how Moral Mondays were not simply a reaction to corporately sponsored extremism that aims to re-make America through state legislatures. Moral Mondays were, instead, a tactical escalation in the Forward Together Moral Movement to draw attention to the anti-democratic forces bent on serving special interests to the detriment of the common good"--

Changes In Law And Society During The Civil War And Reconstruction

Author: Christian G. Samito
Publisher: SIU Press
ISBN: 9780809328895
Size: 29.29 MB
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The first comprehensive collection of legal history documents from the Civil War and Reconstruction, this volume shows the profound legal changes that occurred during the Civil War era and highlights how law, society, and politics inextricably mixed and set American legal development on particular paths that were not predetermined. Editor Christian G. Samito has carefully selected excerpts from legislation, public and legislative debates, court cases, investigations of white supremacist violence in the South, and rare court-martial records, added his expert analysis, and illustrated the selections with telling period artwork to create an outstanding resource that demonstrates the rich and important legal history of the era.

The People And Their Peace

Author: Laura F. Edwards
Publisher: UNC Press Books
ISBN: 1469619857
Size: 65.68 MB
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In the half-century following the Revolutionary War, the logic of inequality underwent a profound transformation within the southern legal system. Drawing on extensive archival research in North and South Carolina, Laura F. Edwards illuminates those changes by revealing the importance of localized legal practice. Edwards shows that following the Revolution, the intensely local legal system favored maintaining the "peace," a concept intended to protect the social order and its patriarchal hierarchies. Ordinary people, rather than legal professionals and political leaders, were central to its workings. Those without rights--even slaves--had influence within the system because of their positions of subordination, not in spite of them. By the 1830s, however, state leaders had secured support for a more centralized system that excluded people who were not specifically granted individual rights, including women, African Americans, and the poor. Edwards concludes that the emphasis on rights affirmed and restructured existing patriarchal inequalities, giving them new life within state law with implications that affected all Americans. Placing slaves, free blacks, and white women at the center of the story, The People and Their Peace recasts traditional narratives of legal and political change and sheds light on key issues in U.S. history, including the persistence of inequality--particularly slavery--in the face of expanding democracy.

Law And Religion In American History

Author: Mark Douglas McGarvie
Publisher: Cambridge University Press
ISBN: 1107150930
Size: 16.68 MB
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This book furthers dialogue on the separation of church and state with an approach that emphasizes intellectual history and the constitutional theory that underlies American society. Mark D. McGarvie explains that the founding fathers of America considered the right of conscience to be an individual right, to be protected against governmental interference. While the religion clauses enunciated this right, its true protection occurred in the creation of separate public and private spheres. Religion and the churches were placed in the private sector. Yet, politically active Christians have intermittently mounted challenges to this bifurcation in calling for a greater public role for Christian faith and morality in American society. Both students and scholars will learn much from this intellectual history of law and religion that contextualizes a four-hundred-year-old ideological struggle.

Scarlett Doesn T Live Here Anymore

Author: Laura F. Edwards
Publisher: University of Illinois Press
ISBN: 9780252072185
Size: 18.20 MB
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Focusing on women - white and black, rich and poor - in the nineteenth century South, Laura Edwards reveals a full portrait of women and their political and social roles that reaches far beyond the passive stereotypes of the slave and southern belle. Scarlett Doesn't Live Here Anymore demonstrates how women on every step of the social ladder worked actively throughout the period to shape southern society in ways that fulfilled their hopes for the future. They used the resources at their disposal to fashion their own positive identities, to create the social bonds that sustained them in difficult times, and to express powerful social critiques that helped them make sense of their lives.

Moral Reconstruction

Author: Gaines M. Foster
Publisher: Univ of North Carolina Press
ISBN: 0807860166
Size: 11.52 MB
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Between 1865 and 1920, Congress passed laws to regulate obscenity, sexuality, divorce, gambling, and prizefighting. It forced Mormons to abandon polygamy, attacked interstate prostitution, made narcotics contraband, and stopped the manufacture and sale of alcohol. Gaines Foster explores the force behind this unprecedented federal regulation of personal morality--a combined Christian lobby. Foster analyzes the fears of appetite and avarice that led organizations such as the Women's Christian Temperance Union and the National Reform Association to call for moral legislation and examines the efforts and interconnections of the men and women who lobbied for it. His account underscores the crucial role white southerners played in the rise of moral reform after 1890. With emancipation, white southerners no longer needed to protect slavery from federal intervention, and they seized on moral legislation as a tool for controlling African Americans. Enriching our understanding of the aftermath of the Civil War and the expansion of national power, Moral Reconstruction also offers valuable insight into the link between historical and contemporary efforts to legislate morality.

The Second Reconstruction

Author: Gary Donaldson
Publisher: Krieger Publishing Company
ISBN:
Size: 76.36 MB
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This text traces the history of the civil rights movement in the years following World War II, to the present day. Issues discussed the Civil Rights Act of 1964, the Voting Rights of 1965, and the Northern Ireland ghetto's.

After Appomattox

Author: Gregory P. Downs
Publisher: Harvard University Press
ISBN: 0674426169
Size: 38.64 MB
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The Civil War did not end with Confederate capitulation in 1865. A second phase commenced which lasted until 1871—not Reconstruction but genuine belligerency whose mission was to crush slavery and create civil and political rights for freed people. But as Gregory Downs shows, military occupation posed its own dilemmas, including near-anarchy.