Description
In Law in American History, Volume III: 1930-2000, the eminent legal scholar G. Edward White concludes his sweeping history of law in America, from the colonial era to the near-present. Picking up where his previous volume left off, at the end of the 1920s, White turns his attention to modern developments in both public and private law. One of his findings is that despite the massive changes in American society since the New Deal, some of the landmark constitutional decisions from that period remain salient today. An illustration is the Court's sweeping interpretation of the reach of Congress's power under the Commerce Clause in Wickard v. Filburn (1942), a decision that figured prominently in the Supreme Court's recent decision to uphold the Affordable Care Act.In these formative years of modern American jurisprudence, courts responded to, and affected, the emerging role of the state and federal governments as regulatory and redistributive institutions and the growing participation of the United States in world affairs. They extended their reach into domains they had mostly ignored: foreign policy, executive power, criminal procedure, and the rights of speech, sexuality, and voting. Today, the United States continues to grapple with changing legal issues in each of those domains. Law in American History, Volume III provides an authoritative introduction to how modern American jurisprudence emerged and evolved of the course of the twentieth century, and the impact of law on every major feature of American life in that century. White's two preceding volumes and this one constitute a definitive treatment of the role of law in American history.
Table of Contents
Preface and AcknowledgmentsIntroduction1. The American Legal Academy and Jurisprudence I: The Emergence of Legal Realism2. Conundrums of War and Law3. The Emergence of Agency Governance: The First Half Century4. The Statutorification of Common Law Fields: Torts, Contracts and Commercial Law, Civil Procedure, and Criminal Law5. The Laws of Mass Media6. The American Legal Academy and Jurisprudence II: From Process Theory to "Law And"7. The Supreme Court in the Era of Bifurcated Review I: The Court's Internal Work8. The Supreme Court in the Era of Bifurcated Review II: Foreign Relations Cases9. The Supreme Court in the Era of Bifurcated Review III: Due Process Cases10. The Supreme Court in the Era of Bifurcated Review IV: Equal Protection Cases11. The Supreme Court in the Era of Bifurcated Review V: Free Speech Cases12: Law and Politics: The Journey to Bush v. GoreNotesIndex
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