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History (R0)

Patrick M. Garry

The Saga of Dakota Territory's First Railroad

Confirming the Predictions of Madison and Tocqueville

&lt;p&gt;Chapter 1: Introduction.- Chapter 2: A Fulfillment of Predictions.- Chapter 3: The Territorial System.- Chapter 4: A Missouri River Port.- Chapter 5: Planning the Railroad.- Chapter 6: Territorial Corruption.- Chapter 7: Federal Corruption.- Chapter 8: The Supreme Court Case.- Chapter 9: More Pain to Come.- Chapter 10: The South Dakota Statehood Movement.- Chapter 11: Yankton’s Railroad Gets Swallowed.- Chapter 12: Conclusion.&lt;/p&gt;


This groundbreaking volume shatters many longstanding myths about the Declaration of Independence. Although states-rights advocates have long claimed that the Declaration created thirteen independent nations, Carlton F. W. Larson shows that the Declaration announced the birth of a new nation: the United States of America, a nation governed by an unwritten constitution in which the states were confederated and subject to national authority from the very beginning. Larson counters libertarian claims that the Declaration views government as a necessary evil, demonstrating instead how it embraces constitutionalism, active government, and the rule of law as positive goods. Along the way, Larson debunks other myths, such as the notion that the Declaration is the parchment text enshrined in the National Archives and that it was authored by Thomas Jefferson. By exploring the true meaning of the Declaration of Independence, One Nation Under Law helps us better understand America itself.

The Meaning of the Declaration of Independence

One Nation Under Law

Law as a Human Science argues for the reintroduction of crucial aspects of the humanist tradition in legal thinking.

Law as a Human Science argues for the reintroduction of crucial aspects of the humanist tradition in legal thinking.

Law as a Human Science

Routledge Revivals

First published in 1949, this book was primarily written for all who had to do with delinquent children. What is probation? What happens to the person put on probation? What good is it supposed to do to him or to society? These are the questions which this book sets out to answer.

Probation and Re-Education

A rich history of the development of American minimum wage policy with lessons for today. Despite broad popular support for robust minimum wage policy, the federal minimum wage is now worth less--in real, inflation-adjusted terms--than at any time since 1949. While some state and local governments have stepped in to fill this void, others have declined to set any minimum wage standard at all. Traversing more than 100 years of history, Raising the Floor examines how interest groups have navigated the highly decentralized American political system to shape the development of federal, state, and local minimum wage laws. In her analysis, Shanna Rose highlights the importance of American federalism. She argues that because federalism creates multiple arenas for policy change, interest groups have sought out the sites most conducive to their goals, shifting their lobbying efforts as new obstacles and opportunities emerge. Federalism has facilitated minimum wage policymaking by fostering policy experimentation, learning, and diffusion across states and by allowing state and local governments to overcome gridlock and status-quo biases at the national level. Yet, federalism has also been an instrument for containment, enabling those opposed to minimum wage increases to litigate and preempt local-level laws. With rich historical chapters that illuminate different phases in the development of today's patchwork of wage standards, Raising the Floor is a deep examination of the past, present, and future of American minimum wage law.

Federalism and the Politics of Us Minimum Wage Policy

Raising the Floor

Oxford Monographs on Criminal Law and Justice

The U.S. Supreme Court maintains that prosecutorial discretion to charge different offenses authorized by the penal code is practically limited only by the penal code itself. Because typical offense conduct violates multiple statutes carrying different maximum – and minimum – sentences, by choosing the charge, the prosecution commonly also chooses the sentence. The Court, however, holds that when judges exercise sentencing discretion, due process requires impeccable neutrality and adversary hearings. Sentencing Discretion and the Constitution: Due Process of Time addresses the fundamental incompatibility of the U.S. Supreme Court's approach to the sentencing power of judges as compared to prosecutors. The Court says that when prosecutors induce a guilty plea by filing lesser charges than the code allows, the defendant is getting a break rather than being strong-armed. This doctrinal fiction persists because neither dissenting justices nor academic critics have yet justified a baseline by which the infliction of years – or even decades – in prison for refusing to plead guilty or to provide information, should be treated as a coercive threat rather than an offer permitted in the "give and take" of plea bargaining. In theory, the charges filed should be proportional to culpability, not the most severe the code permits. This raises another hard problem: theorists have not to date advanced a persuasive account of proportionate punishment. Unlike prior works, Sentencing Discretion and the Constitution exposes the connections between these problems and proposes a unified solution. The right against excessive punishment, like the right against erroneous conviction, is best understood as a right to procedural justice. More broadly, curtailing prosecutorial sentencing is an essential step toward curtailing mass incarceration – a problem that otherwise is more likely to get worse than better. This book will be of interest to readers concerned with plea bargaining, sentencing, constitutional law, legal history, and criminal law theory.

Due Process of Time

Sentencing Discretion and the Constitution

“Yellowstone meets Matlock” (Tom Clavin) in this dazzling tale of land lust and the American West, chronicling the rise and fall of a wind farm that triggers a 21st century range war between a struggling fifth-generation rancher and the billionaires next door. Most locals in Big Timber, Montana, learn to live with the wind. Rick Jarrett sought his fortune in it. Like his pioneer ancestors who staked their claims in the Treasure State, he believed in his right to make a living off the land—and its most precious resource, million-dollar wind. Trouble was, Jarrett’s neighbors were some of the wealthiest and most influential men in America, trophy ranchers who’d come west to enjoy magnificent mountain views, not stare at five-hundred-foot wind turbines. So began an epic showdown that would pull in an ever-widening cast of characters, including a Texas oil and gas tycoon, a roguish wind prospector, a Crow activist fighting for his tribe’s rights to the mountains they hold sacred, and an Olympic athlete-turned-attorney whose path to redemption would lead to Jarrett’s wind farm. A wildly entertaining yarn, the brawl over Crazy Mountain Wind would become a fight over the values that define us as Americans, even as the most coveted rangeland in the West was threatened by forces more powerful than anything one man could muster: record drought, raging wildfires, dwindling snowpack. “An epic tale of greed and resilience,” The Crazies “has the power to leave you feeling walloped, whip-sawed, and wildly invigorated, all within the same breath” (Kevin Fedarko, New York Times bestselling author of A Walk in the Park). It’s an exquisitely reported, ruggedly beautiful western for a warming planet—and a bighearted inquiry into how you can love a place so much you risk destroying it.

The Cattleman, the Wind Prospector, and a War Out West

The Crazies

African Women in Law is the first empirical study to offer a comprehensive and contextually rich portrait of African women in the legal profession. Drawing on 153 interviews across six countries, 249 survey responses from 21 countries, and secondary literature from 15 countries, this groundbreaking book explores the representation of women in the bar, bench, and legal academia. It traces historical developments, examines current realities, and sets the stage for future research. Introducing the HISP framework-History, Institutions, Social (norms), and Position(ality)-the book analyzes how structural forces shape women's roles in law. Through original concepts such as exclusion versus accommodation, racehorses versus workhorses, and the women's other-bar and other-bench, it challenges conventional narratives and highlights the diverse experiences of African women in law. The volume also builds on matri-legal feminist theory to offer a fresh lens for understanding gender and justice in African contexts. Rejecting essentialist approaches, the book argues that there is no single narrative of the lived experiences of African women in law. Instead, it reveals how women have emerged from the margins of a male-dominated field to assume leadership roles, often through innovative strategies that overcome systemic barriers. As the first comparative study of its kind, African Women in Law establishes a vital foundation for future scholarship and inspires new questions, methods, and theories for exploring law, gender, and governance across the continent.

A Comparative Perspective

African Women in Law

Introducing new insights into the history of ceramic design and consumption, Neil Ewins departs from the focus on manufacturers and producers and presents a third perspective that puts the multifaceted lives of the merchants, importers and dealers at the centre. Challenging the notion that intermediaries involved in the Anglo-American ceramic trade from the late 18th into the 19th century were simply motivated by maximizing profits and widespread market demands, Ewin's alternative approach demonstrates the value of taking their culture, identity and conscience into account. The geographic gap between the British manufacturer and the American consumer meant that those involved in mercantile activities assumed a highly significant role. Ewins analyses a range of sources including city directories, advertisements, newspapers and family trees to identify those involved in the ceramic trade, supplemented by archival material relating to the Wainwright and Ovington families. Illustrated with examples of ceramics and engravings, chapters explore how the intermediaries commissioned and marketed ceramics for different reasons, influenced by their political, social, religious and moral views. Ewins investigates how culture and a strong sense of identity, the abolition movement, kinship and family ties, religious beliefs and community, and the interracial experience all played a part in the manufacture, distribution and consumption of ceramics in the US market. This volume demonstrates how the role of intermediaries deserves a place in the history of the Anglo-American ceramic trade; beyond design and consumption being production-led or market-led, it reveals that it could also be conscience-led and suggests the picture is far more complex than once understood.

Intermediaries and the Anglo-American Ceramic Trade

Alternative Narratives in Ceramic History

The History and Theory of International Law

The ancient Greek world was permeated with international law, the binding rules of behavior that Greeks across the Mediterranean followed and enforced for centuries. But why was international law effective in this world? Laws of All the Greeks offers an original answer rooted in contemporary social theory, presenting a definitive account of ancient Greek international law while delving into the social and psychological foundations that made it potent and durable. Challenging recent claims that international law did not exist in the Greek world, Laws of All the Greeks makes a robust case not only for its existence, but for the importance of taking ancient Greek international law as an historical subject in the first place. It provides an updated history of select elements of that law, including the right to private self-help; judicial treaties known as symbola; and piracy. Combining the findings of recent scholarship on Greek history, identity, and social networks, novel readings of documentary and literary sources, and the lessons of sociology and psychology, Jesse James demonstrates how the webs of identity binding the Greek world together affected both the rules of international law and their effectiveness at guiding legal and economic behavior. This study thus complicates and enriches prevailing approaches that emphasize formal institutions, structural features, or economic rationalism, offering instead a model for applying legal sociology to the historical study of international law.

International Law as Social Reality in Ancient Greece

Laws of All the Greeks

Late Medieval Knowledge in Transition

Transforming Philosophy

The Saga of Dakota Territory's First Railroad

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