The History of Indiana Law

Author: David J. Bodenhamer,Randall T. Shepard

Publisher: Ohio University Press

ISBN: 0821443909

Category: Law

Page: 384

View: 6573

Long regarded as a center for middle-American values, Indiana is also a cultural crossroads that has produced a rich and complex legal and constitutional heritage. The History of Indiana Law traces this history through a series of expert articles by identifying the themes that mark the state’s legal development and establish its place within the broader context of the Midwest and nation. The History of Indiana Law explores the ways in which the state’s legal culture responded to—and at times resisted—the influence of national legal developments, including the tortured history of race relations in Indiana. Legal issues addressed by the contributors include the Indiana constitutional tradition, civil liberties, race, women’s rights, family law, welfare and the poor, education, crime and punishment, juvenile justice, the role of courts and judiciary, and landmark cases. The essays describe how Indiana law has adapted to the needs of an increasingly complex society. The History of Indiana Law is an indispensable reference and invaluable first source to learn about law and society in Indiana during almost two centuries of statehood.
Posted in Law

The Black Laws

Race and the Legal Process in Early Ohio

Author: Stephen Middleton

Publisher: Ohio University Press

ISBN: 0821416235

Category: History

Page: 363

View: 8014

Beginning in 1803, and continuing for several decades, the Ohio legislature enacted what came to be known as the Black Laws. These laws instituted barriers to blacks entering the state and placed limits on black testimony against whites. Stephen Middleton tells the story of this racial oppression in Ohio and provides chilling episodes of how blacks asserted their freedom from the enactment of the Black Laws until the adoption of the Fourteenth Amendment. The fastest-growing state in antebellum America and the destination of whites from the north and the south, Ohio also became the destination for thousands of southern blacks, free and fugitive. Thus, nineteenth-century Ohio became a legal battleground for two powerful and far-reaching impulses in the history of race and law in America. One was the use of state power to further racial discrimination and the other was the thirst of African Americans, and their white allies, for equality under the law for all Americans. The state could never stop the steady stream of blacks crossing the Ohio River to freedom. In time, black and white leaders arose to challenge the laws and by 1849 the firewall built to separate the races began to collapse. The last vestiges of Ohio's Black Laws were repealed in a bill written by a black legislator in 1886. Written in a clear and compelling style, this path-breaking study of Ohio's early racial experience will be required reading for a broad audience of historians, legal scholars, students, and those interested in the struggle for civil rights in America.Stephen Middleton is a member of the history department at North Carolina State University. He is the author of Ohio and the Antislavery Activities of Salmon P. Chase, The Black Laws in the Old Northwest: A Documentary History, and Black Congressmen During Reconstruction: A Documentary Sourcebook.
Posted in History

The History of Nebraska Law

Author: Alan G. Gless

Publisher: Ohio University Press

ISBN: 0821417878

Category: Law

Page: 318

View: 2758

In the aftermath of the Civil War, legislators in the Nebraska Territory grappled with the responsibility of forming a state government as well as with the larger issues of reconstructing the Union, protecting civil rights, and redefining federal-state relations. In the years that followed, Nebraskans coped with regional and national economic collapses. Nebraska women struggled for full recognition in the legal profession. Meyer v. Nebraska, a case involving a teacher in a one-room rural Nebraska schoolhouse, changed the course of American constitutional doctrine and remains one of the cornerstones of civil liberties law. And Roscoe Pound, a boy from Lincoln, went on to become one of the nation's great legal philosophers. Much of Nebraska law reflects mainstream American law, yet Nebraskans have been open to experiment and innovation. The state revamped the legislative process by establishing the nation's only unicameral legislature and pioneered public employment collective bargaining and dispute resolution through its commission of industrial relations and relaxation of strict separation of powers. Nebraska holds a prominent position in the field of Native American legal history, and the state's original inhabitants have been at the center of many significant developments in federal Indian policy. Nebraska Indian legal history is replete with stories of failure and success, triumph and heartache, hope and misery, suffering and hardship.
Posted in Law

Surveillance and Spies in the Civil War

Exposing Confederate Conspiracies in America’s Heartland

Author: Stephen E. Towne

Publisher: Ohio University Press

ISBN: 082144493X

Category: History

Page: 488

View: 6678

Surveillance and Spies in the Civil War represents pathbreaking research on the rise of U.S. Army intelligence operations in the Midwest during the American Civil War and counters long-standing assumptions about Northern politics and society. At the beginning of the rebellion, state governors in Ohio, Indiana, and Illinois cooperated with federal law enforcement officials in various attempts—all failed—to investigate reports of secret groups and individuals who opposed the Union war effort. Starting in 1862, army commanders took it upon themselves to initiate investigations of antiwar sentiment in those states. By 1863, several of them had established intelligence operations staffed by hired civilian detectives and by soldiers detailed from their units to chase down deserters and draft dodgers, to maintain surveillance on suspected persons and groups, and to investigate organized resistance to the draft. By 1864, these spies had infiltrated secret organizations that, sometimes in collaboration with Confederate rebels, aimed to subvert the war effort. Stephen E. Towne is the first to thoroughly explore the role and impact of Union spies against Confederate plots in the North. This new analysis invites historians to delve more deeply into the fabric of the Northern wartime experience and reinterpret the period based on broader archival evidence.
Posted in History

Gibbons v. Ogden, Law, and Society in the Early Republic

Author: Thomas H. Cox

Publisher: Ohio University Press

ISBN: 082144333X

Category: History

Page: 264

View: 2467

Gibbons v. Ogden, Law, and Society in the Early Republic examines a landmark decision in American jurisprudence, the first Supreme Court case to deal with the thorny legal issue of interstate commerce. Decided in 1824, Gibbons v. Ogden arose out of litigation between owners of rival steamboat lines over passenger and freight routes between the neighboring states of New York and New Jersey. But what began as a local dispute over the right to ferry the paying public from the New Jersey shore to New York City soon found its way into John Marshall’s court and constitutional history. The case is consistently ranked as one of the twenty most significant Supreme Court decisions and is still taught in constitutional law courses, cited in state and federal cases, and quoted in articles on constitutional, business, and technological history. Gibbons v. Ogden initially attracted enormous public attention because it involved the development of a new and sensational form of technology. To early Americans, steamboats were floating symbols of progress—cheaper and quicker transportation that could bring goods to market and refinement to the backcountry. A product of the rough-and-tumble world of nascent capitalism and legal innovation, the case became a landmark decision that established the supremacy of federal regulation of interstate trade, curtailed states’ rights, and promoted a national market economy. The case has been invoked by prohibitionists, New Dealers, civil rights activists, and social conservatives alike in debates over federal regulation of issues ranging from labor standards to gun control. This lively study fills in the social and political context in which the case was decided—the colorful and fascinating personalities, the entrepreneurial spirit of the early republic, and the technological breakthroughs that brought modernity to the masses.
Posted in History

The History of Michigan Law

Author: Paul Finkelman,Martin J. Hershock,Clifford W. Taylor

Publisher: Ohio University Press

ISBN: 0821416618

Category: History

Page: 290

View: 1361

This book will serve as the entry point for all future studies that involve the law in Michigan. With 2005 marking the bicentennial of the establishment of the Michigan Supreme Court, as well as the bicentennial of the creation of the Michigan Territory, The History of Michigan Law has appeal beyond the legal community to scholars and students of American history.
Posted in History

The Jury in Lincoln’s America

Author: Stacy Pratt McDermott

Publisher: Ohio University Press

ISBN: 0821444298

Category: Law

Page: 272

View: 1835

In the antebellum Midwest, Americans looked to the law, and specifically to the jury, to navigate the uncertain terrain of a rapidly changing society. During this formative era of American law, the jury served as the most visible connector between law and society. Through an analysis of the composition of grand and trial juries and an examination of their courtroom experiences, Stacy Pratt McDermott demonstrates how central the law was for people who lived in Abraham Lincoln’s America. McDermott focuses on the status of the jury as a democratic institution as well as on the status of those who served as jurors. According to the 1860 census, the juries in Springfield and Sangamon County, Illinois, comprised an ethnically and racially diverse population of settlers from northern and southern states, representing both urban and rural mid-nineteenth-century America. It was in these counties that Lincoln developed his law practice, handling more than 5,200 cases in a legal career that spanned nearly twenty-five years. Drawing from a rich collection of legal records, docket books, county histories, and surviving newspapers, McDermott reveals the enormous power jurors wielded over the litigants and the character of their communities.
Posted in Law

Degrees of Allegiance

Harassment and Loyalty in Missouri's German-American Community During World War I

Author: Petra DeWitt

Publisher: Law, Society and Politics in t

ISBN: N.A

Category: History

Page: 257

View: 9336

Historians have long argued that the Great War eradicated German culture from American soil. Degrees of Allegiance examines the experiences of German-Americans living in Missouri during the First World War, evaluating the personal relationships at the local level that shaped their lives and the way that they were affected by national war effort guidelines. Spared from widespread hate crimes, German-Americans in Missouri did not have the same bleak experiences as other German-Americans in the Midwest or across America. But they were still subject to regular charges of disloyalty, sometimes because of conflicts within the German-American community itself. Degrees of Allegiance updates traditional thinking about the German-American experience during the Great War, taking into account not just the war years but also the history of German settlement and the war’s impact on German-American culture.
Posted in History

Drugs in American Society: An Encyclopedia of History, Politics, Culture, and the Law [3 volumes]

Author: Nancy E. Marion,Willard M. Oliver

Publisher: ABC-CLIO

ISBN: 1610695968

Category: Political Science

Page: 1163

View: 2207

Containing more than 450 entries, this easy-to-read encyclopedia provides concise information about the history of and recent trends in drug use and drug abuse in the United States—a societal problem with an estimated cost of $559 billion a year. • Contains more than 450 detailed entries on topics ranging from drugs themselves—such as alcohol, codeine, heroin, marijuana, and methamphetamines—to key individuals like Harry Anslinger to organizations such as the Drug Enforcement Administration (DEA) • Covers the latest developments in U.S. policies and public attitudes toward drugs and drug use • Provides citations with each entry to guide users to other valuable research resources • Features carefully selected primary documents—including excerpts from important laws, policies, and campaigns—that have shaped American drug policy over the decades
Posted in Political Science

No Winners Here Tonight

Race, Politics, and Geography in One of the Country's Busiest Death Penalty States

Author: Andrew Welsh-Huggins

Publisher: Ohio Univ Pr

ISBN: N.A

Category: History

Page: 222

View: 9037

Few subjects are as intensely debated in the United States as the death penalty. Some form of capital punishment has existed in America for hundreds of years, yet the justification for carrying out the ultimate sentence is a continuing source of controversy. No Winners Here Tonight explores the history of the death penalty and the question of its fairness through the experience of a single state, Ohio, which, despite its moderate midwestern values, has long had one of the country’s most active death chambers. In 1958, just four states accounted for half of the forty-eight executions carried out nationwide, each with six: California, Georgia, Ohio, and Texas. By the first decade of the new century, Ohio was second only to Texas in the number of people put to death each year. No Winners Here Tonight looks at this trend and determines that capital punishment has been carried out in an uneven fashion from its earliest days, with outcomes based not on blind justice but on the color of a person’s skin, the whim of a local prosecutor, or the biases of the jury pool in the county in which a crime was committed. Andrew Welsh-Huggins’s work is the only comprehensive study of the history of the death penalty in Ohio. His analysis concludes that the current law, crafted by lawmakers to punish the worst of the state’s killers, doesn’t come close to its intended purpose and instead varies widely in its implementation. Welsh-Huggins takes on this controversial topic evenhandedly and with respect for the humanity of the accused and the victim alike. This exploration of the law of capital punishment and its application will appeal to students of criminal justice as well as those with an interest in law and public policy.
Posted in History

Guns in American Society: An Encyclopedia of History, Politics, Culture, and the Law, 2nd Edition [3 volumes]

An Encyclopedia of History, Politics, Culture, and the Law

Author: Gregg Lee Carter

Publisher: ABC-CLIO

ISBN: 0313386714

Category: History

Page: 1096

View: 3066

Thoroughly updated and greatly expanded from its original edition, this three-volume set is the go-to comprehensive resource on the legal, social, psychological, political, and public health aspects of guns in American life. • 450 alphabetically organized entries, including 100 new for this edition, covering key issues (suicide, video games and gun violence, firearm injury statistics) and events (workplace shootings, the Virginia Tech massacre) • 102 expert contributors from all academic fields involved in studying the causes and effects of gun violence • A chronology of pivotal moments and controversies in the history of firearm ownership and use in the United States • An exhaustive bibliography of print and online resources covering all aspects of the study of guns in the United States • Appendices on federal gun laws, state gun laws, and pro- and anti-gun-control organizations
Posted in History

The Dred Scott Case

Historical and Contemporary Perspectives on Race and Law

Author: David Thomas Konig,Paul Finkelman,Christopher Alan Bracey

Publisher: Ohio Univ Pr

ISBN: N.A

Category: History

Page: 272

View: 1942

In 1846 two slaves, Dred and Harriet Scott, filed petitions for their freedom in the Old Courthouse in St. Louis, Missouri. As the first true civil rights case decided by the U.S. Supreme Court, Dred Scott v. Sandford raised issues that have not been fully resolved despite three amendments to the Constitution and more than a century and a half of litigation. The Dred Scott Case: Historical and Contemporary Perspectives on Race and Law presents original research and the reflections of the nation’s leading scholars who gathered in St. Louis to mark the 150th anniversary of what was arguably the most infamous decision of the U.S. Supreme Court. The decision that held that African Americans “had no rights” under the Constitution and that Congress had no authority to alter that galvanized Americans and thrust the issue of race and law to the center of American politics. This collection of essays revisits the history of the case and its aftermath in American life and law. In a final section, the present-day justices of the Missouri Supreme Court offer their reflections on the process of judging and provide perspective on the misdeeds of their nineteenth-century predecessors who denied the Scotts their freedom.
Posted in History

The Invention of Party Politics

Federalism, Popular Sovereignty, and Constitutional Development in Jacksonian Illinois

Author: Gerald Leonard

Publisher: Univ of North Carolina Press

ISBN: 0807861316

Category: Political Science

Page: 344

View: 4942

This ambitious work uncovers the constitutional foundations of that most essential institution of modern democracy, the political party. Taking on Richard Hofstadter's classic The Idea of a Party System, it rejects the standard view that Martin Van Buren and other Jacksonian politicians had the idea of a modern party system in mind when they built the original Democratic party. Grounded in an original retelling of Illinois politics of the 1820s and 1830s, the book also includes chapters that connect the state-level narrative to national history, from the birth of the Constitution to the Dred Scott case. In this reinterpretation, Jacksonian party-builders no longer anticipate twentieth-century political assumptions but draw on eighteenth-century constitutional theory to justify a party division between "the democracy" and "the aristocracy." Illinois is no longer a frontier latecomer to democratic party organization but a laboratory in which politicians use Van Buren's version of the Constitution, states' rights, and popular sovereignty to reeducate a people who had traditionally opposed party organization. The modern two-party system is no longer firmly in place by 1840. Instead, the system remains captive to the constitutional commitments on which the Democrats and Whigs founded themselves, even as the specter of sectional crisis haunts the parties' constitutional visions.
Posted in Political Science

Democracy in Session

A History of the Ohio General Assembly

Author: David M. Gold

Publisher: Ohio University Press

ISBN: 0821418440

Category: History

Page: 602

View: 4640

For more than 200 years no institution has been more important to the development of the American democratic polity than the state legislature, yet no political institution has been so neglected by historians. Although more lawmaking takes place in the state capitals than in Washington D.C., scholars have lavished their attention on Congress, producing only a handful of histories of state legislatures. Most of those histories have focused on discrete legislative acts rather than on legislative process, and all have slighted key aspects of the legislative environment: the parliamentary rules of play, the employees who make the game possible, the physical setting—the arena—in which the people’s representatives engage in conflict and compromise to create public policy. This book relates in fascinating detail the history of the Ohio General Assembly from its eighteenth-century origins in the Northwest Territory to its twenty-first-century incarnation as a full-time professional legislature. Democracy in Session explains the constitutional context within which the General Assembly functions, examines the evolution of legislative committees, and explores the impact of technology on political contests and legislative procedure. It sheds new light on the operations of the House and Senate clerks’ offices and on such legislative rituals as seat selection, opening prayers, and the Pledge of Allegiance. Partisan issues and public policy receive their due, but so do ethics and decorum, the election of African American and female legislators, the statehouse, and the social life of the members. Democracy in Session is, in short, the most comprehensive history of a state legislature written to date and an important contribution to the story of American democracy.
Posted in History

The Rescue of Joshua Glover

A Fugitive Slave, the Constitution, and the Coming of the Civil War

Author: H. Robert Baker

Publisher: N.A

ISBN: N.A

Category: Law

Page: 260

View: 6211

The events leading up o the Civil War included the lawful capture and then the “unlawful” release by force of a fugitive slave by a mob of sympathizers outside a Milwaukee courthouse. This book looks at the ensuing trial between the state and federal government over the constitution-ality of the fugitive slave act.
Posted in Law

American Pogrom

The East St. Louis Race Riot and Black Politics

Author: Charles L. Lumpkins

Publisher: Law Society & Politics in the Midwest

ISBN: N.A

Category: History

Page: 312

View: 2850

On July 2 and 3, 1917, race riots rocked the small industrial city of East St. Louis, Illinois. "American Pogrom" takes the reader beyond that pivotal time in the city s history to explore black people s activism from the antebellum era to the eve of the post World War II civil rights movement. Lumpkins asserts that the race riots were a pogrom an organized massacre of a particular ethnic group orchestrated by certain businessmen intent on preventing black residents from attaining political power and on turning the city into a sundown town permanently cleared of African Americans, he also demonstrates how the African American community survived. He situates the activities of the black citizens of East St. Louis in the context of the larger story of the African American quest for freedom, citizenship, and equality."
Posted in History

The fairer death

executing women in Ohio

Author: Victor L. Streib

Publisher: Ohio Univ Pr

ISBN: 9780821416938

Category: History

Page: 198

View: 9295

A study of the odd disparity between the number of women on death row who are executed and the number of men. The Ohio system stands as typical of the nation and this work challenges the overriding notion of fairness in the application of and rationale for the death penalty.
Posted in History

Oppositional Consciousness

The Subjective Roots of Social Protest

Author: Jane J. Mansbridge,Aldon Morris

Publisher: University of Chicago Press

ISBN: 9780226503622

Category: Political Science

Page: 309

View: 1547

How can human beings be induced to sacrifice their lives—even one minute of their lives-for the sake of their group? This question, central to understanding the dynamics of social movements, is at the heart of this collection of original essays. The book is the first to conceptualize and illustrate the complex patterns of negotiation, struggle, borrowing, and crafting that characterize what the editors term "oppositional consciousness"—an empowering mental state that prepares members of an oppressed group to undermine, reform, or overthrow a dominant system. Each essay employs a recent historical case to demonstrate how oppositional consciousness actually worked in the experience of a subordinate group. Based on participant observation and interviews, chapters focus on the successful social movements of groups such as African Americans, people with disabilities, sexually harassed women, Chicano workers, and AIDS activists. Ultimately, Oppositional Consciousness sheds new light on the intricate mechanisms that drive the important social movements of our time. Contributors: Naomi Braine, Sharon Groch, Fredrick C. Harris, Jane Mansbridge, Anna-Maria Marshall, Aldon Morris, Marc Simon Rodriguez, Brett C. Stockdill, Lori G. Waite
Posted in Political Science

Heartland TV

Prime Time Television and the Struggle for U.S. Identity

Author: Victoria E. Johnson

Publisher: NYU Press

ISBN: 0814743021

Category: Performing Arts

Page: 262

View: 1965

Winner of the 2009 Society for Cinema and Media Studies Katherine Singer Kovacs Book Award The Midwest of popular imagination is a "Heartland" characterized by traditional cultural values and mass market dispositions. Whether cast positively —; as authentic, pastoral, populist, hardworking, and all-American—or negatively—as backward, narrow–minded, unsophisticated, conservative, and out-of-touch—the myth of the Heartland endures. Heartland TV examines the centrality of this myth to television's promotion and development, programming and marketing appeals, and public debates over the medium's and its audience's cultural worth. Victoria E. Johnson investigates how the "square" image of the heartland has been ritually recuperated on prime time television, from The Lawrence Welk Show in the 1950s, to documentary specials in the 1960s, to The Mary Tyler Moore Show in the 1970s, to Ellen in the 1990s. She also examines news specials on the Oklahoma City bombing to reveal how that city has been inscribed as the epitome of a timeless, pastoral heartland, and concludes with an analysis of network branding practices and appeals to an imagined "red state" audience. Johnson argues that non-white, queer, and urban culture is consistently erased from depictions of the Midwest in order to reinforce its "reassuring" image as white and straight. Through analyses of policy, industry discourse, and case studies of specific shows, Heartland TV exposes the cultural function of the Midwest as a site of national transference and disavowal with regard to race, sexuality, and citizenship ideals.
Posted in Performing Arts