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Full-Text Articles in Law

Threepenny Constitution (And The Question Of Justice), The Legal History Symposium Honoring Professor Wythe Holt, Christopher Tomlins Jun 2015

Threepenny Constitution (And The Question Of Justice), The Legal History Symposium Honoring Professor Wythe Holt, Christopher Tomlins

Christopher Tomlins

No abstract provided.


A Mysterious Power: Industrial Accidents And The Legal Construction Of Employment Relations In Massachusetts, 1800-1850, Christopher L. Tomlins Jun 2015

A Mysterious Power: Industrial Accidents And The Legal Construction Of Employment Relations In Massachusetts, 1800-1850, Christopher L. Tomlins

Christopher Tomlins

No abstract provided.


"Law As…": Theory And Practice In Legal History, Christopher Tomlins, John Comaroff Jun 2015

"Law As…": Theory And Practice In Legal History, Christopher Tomlins, John Comaroff

Christopher Tomlins

No abstract provided.


The New Deal, Collective Bargaining, And The Triumph Of Indistrial Pluralism, The Nlra: A Symposium, Christopher L. Tomlins Jun 2015

The New Deal, Collective Bargaining, And The Triumph Of Indistrial Pluralism, The Nlra: A Symposium, Christopher L. Tomlins

Christopher Tomlins

This paper addresses what the author views as a prevailing misconception of labor law theorists and practitioners: that the goal of the Wagner Act was no more than the promotion of peaceful negotiating procedures and written agreements between organized interests-unions and employerspresumptively equal in power. The author argues that in fact the NLRA was drafted, and for a time implemented, with the avowed purpose of giving workers equality with employers in all aspects of industrial policy making, and that the now-prevalent approach became ascendant only after considerable conflict and the displacement of the Act's original administrators.


Transplants And Timing: Passages In The Creation Of An Anglo-American Law Of Slavery Histories Of Legal Transplantations, Christopher Tomlins Jun 2015

Transplants And Timing: Passages In The Creation Of An Anglo-American Law Of Slavery Histories Of Legal Transplantations, Christopher Tomlins

Christopher Tomlins

This Article applies the concept of "legal transplant" to the slavery regimes that sprang up in all regions of settlement during the first two centuries of English colonization of mainland America. Using a distinction between "extrastructure" and "intrastructure," we can divide the Anglo-American law of slavery into discourses of explanation/justification and technologies of implementation. The two components were produced from distinct sources. English law possessed few intellectual resources that could be mobilized to justify and explain slavery as an institution. Here we find the law of nature and nations uppermost. English law offered many resources, however, for the management, distribution …


Foreword: “Law As . . .” Ii, History As Interface For The Interdisciplinary Study Of Law, Christopher Tomlins Jun 2015

Foreword: “Law As . . .” Ii, History As Interface For The Interdisciplinary Study Of Law, Christopher Tomlins

Christopher Tomlins

No abstract provided.


What Would Langdell Have Thought? Uc Irvine’S New Law School And The Question Of History, Christopher Tomlins Jun 2015

What Would Langdell Have Thought? Uc Irvine’S New Law School And The Question Of History, Christopher Tomlins

Christopher Tomlins

No abstract provided.


A Mirror Crack'd? The Rule Of Law In American History, Christopher L. Tomlins Jun 2015

A Mirror Crack'd? The Rule Of Law In American History, Christopher L. Tomlins

Christopher Tomlins

No abstract provided.


Politics, Police, Past And Present: Larry Kramer's The People Themselves A Symposium On The People Themselves: Popular Constitutionalism And Judicial Review: I: Article, Christopher Tomlins Jun 2015

Politics, Police, Past And Present: Larry Kramer's The People Themselves A Symposium On The People Themselves: Popular Constitutionalism And Judicial Review: I: Article, Christopher Tomlins

Christopher Tomlins

No abstract provided.


In This Issue , Christopher Tomlins Jun 2015

In This Issue , Christopher Tomlins

Christopher Tomlins

No abstract provided.


The Cambridge History Of Law In America, Christopher Tomlins, Michael Grossberg Dec 2010

The Cambridge History Of Law In America, Christopher Tomlins, Michael Grossberg

Christopher Tomlins

Volume I of the Cambridge History of Law in America begins the account of law in America with the very first moments of European colonization and settlement of the North American landmass. It follows those processes across two hundred years to the eventual creation and stabilization of the American republic. Volume II of the Cambridge History of Law in America focuses on the long nineteenth century (1789-1920). It deals with the formation of the distinctly American state system, the establishment and growth of systematic legal education, the spread of the legal profession, developments in criminal justice, the growing density of …


Freedom Bound: Law, Labor, And Civic Identity In Colonizing English America, 1580-1865, Christopher Tomlins Jul 2010

Freedom Bound: Law, Labor, And Civic Identity In Colonizing English America, 1580-1865, Christopher Tomlins

Christopher Tomlins

Freedom Bound is about the origins of modern America. It tells how English colonies were planted in occupied territories, how migrants - free and unfree - were brought to do the work of colonizing, and how the newcomers secured possession. It tells of the new freedoms that seemed possible in new commonwealths, and of the constraints that kept many from enjoying them. It follows the story long past the end of the eighteenth century until the American Civil War, that extraordinary moment in American history when it seemed that freedom might finally become unbound.


The United States Supreme Court: The Pursuit Of Justice, Christopher Tomlins Jul 2005

The United States Supreme Court: The Pursuit Of Justice, Christopher Tomlins

Christopher Tomlins

With its ability to review and interpret all American law, the Supreme Court of the United States is arguably the most influential branch of government. Yet, institutionally, it is the least powerful. Its authority relies entirely on the willing consent of the executive and legislative branches of the U.S. government and of the American people to accept it as law's ultimate arbiter. Perhaps for this very reason the Court has taken great care to shield itself from the public gaze. Offering a sweeping history of this remote and austere institution,The United States Supreme Court pulls back the curtain of mystery …


The Many Legalities Of Early America, Christopher Tomlins, Bruce Mann Apr 2001

The Many Legalities Of Early America, Christopher Tomlins, Bruce Mann

Christopher Tomlins

This collection of seventeen original essays reshapes the field of early American legal history not by focusing simply on law, or even on the relationship between law and society, but by using the concept of "legality" to explore the myriad ways in which the people of early America ordered their relationships with one another, whether as individuals, groups, classes, communities, or states. Addressing issues of gender, ethnicity, family, patriarchy, culture, and dependence, contributors explore the transatlantic context of early American law, the negotiation between European and indigenous legal cultures, the multiple social contexts of the rule of law, and the …


Law, Labor, And Ideology In The Early American Republic, Christopher Tomlins Mar 1993

Law, Labor, And Ideology In The Early American Republic, Christopher Tomlins

Christopher Tomlins

Law, Labor, and Ideology in the Early American Republic is a fundamental reinterpretation of law and politics in America between 1790 and 1850, the crucial period of the Republic's early growth and its movement toward industrialism. The book is the most detailed study yet available of the intellectual and institutional processes that created the foundation categories framing all the basic legal relationships involving working people at work. But it also brings out the political and social significance of those categories, and of law's role in their creation. Tomlins argues that it is impossible to understand outcomes in the interaction between …


Labor Law In America: Historical And Critical Essays, Christopher Tomlins, Andrew King Dec 1991

Labor Law In America: Historical And Critical Essays, Christopher Tomlins, Andrew King

Christopher Tomlins

No abstract provided.


The State And The Unions: Labor Relations, Law And The Organized Labor Movement In America, 1880-1960, Christopher Tomlins Jul 1985

The State And The Unions: Labor Relations, Law And The Organized Labor Movement In America, 1880-1960, Christopher Tomlins

Christopher Tomlins

This book was first published in 1985. The enactment of the Wagner National Labor Relations Act in 1935 gave organized labor what it has regarded ever since as one of its greatest assets: a legislative guarantee of the right of American workers to organize and bargain collectively. Yet while the Wagner Act's guarantees remain substantially unaltered, organized labor in America today is in decline. Addressing this apparent paradox, Tomlins offers an examination of the impact of the National Labor Relations Act on American unions. By studying the intentions of policy makers in the context of the development of labor law …


Law And History In Australia, Christopher Tomlins, Ian Duncanson Dec 1981

Law And History In Australia, Christopher Tomlins, Ian Duncanson

Christopher Tomlins

No abstract provided.