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Arthur Downey's TheCivil War Lawyers brings to life the the lawyers and major legal disputes of that impactful era of American History. The stories—about slavery, secession, pirates and privateers, civil liberties and habeas corpus, and assassination and charges of treason—are compelling and vivid. Downey couples his historical narrative with succinct and cogent analyses of the continuing relevance of legal concepts important during the American Civil War.
The Journal of the Civil War Era Volume 2, Number 1 March 2012 TABLE OF CONTENTS Forum The Future of Civil War Era Studies Stephen Berry, Michael T. Bernath, Seth Rockman, Barton A. Myers, Anne Marshall, Lisa M. Brady, Judith Giesberg, & Jim Downs Articles Jacqueline G. Campbell "The Unmeaning Twaddle about Order 28″: Ben Butler and Confederate Women in Occupied New Orleans David C. Williard Executions, Justice, and Reconciliation in North Carolina's Western Piedmont, 1865-67 Matthew C. Hulbert Constructing Guerrilla Memory: John Newman Edwards and Missouri's Irregular Lost Cause Book Reviews Books Received Professional Notes Kathi Kern & Linda Levstik Teaching the New Departure: the United States vs. Susan B. Anthony Notes on Contributors The Journal of the Civil War Era takes advantage of the flowering of research on the many issues raised by the sectional crisis, war, Reconstruction, and memory of the conflict, while bringing fresh understanding to the struggles that defined the period, and by extension, the course of American history in the nineteenth century.
In the Civil War, the United States and the Confederate States of America engaged in combat to defend distinct legal regimes and the social order they embodied and protected. Depending on whose side's arguments one accepted, the Constitution either demanded the Union's continuance or allowed for its dissolution. After the war began, rival legal concepts of insurrection (a civil war within a nation) and belligerency (war between sovereign enemies) vied for adherents in federal and Confederate councils. In a "nation of laws," such martial legalism was not surprising. Moreover, many of the political leaders of both the North and the South were lawyers themselves, including Abraham Lincoln. These lawyers now found themselves at the center of this violent maelstrom. For these men, as for their countrymen in the years following the conflict, the sacrifices of the war gave legitimacy to new kinds of laws defining citizenship and civil rights. The eminent legal historian Peter Charles Hoffer's Uncivil Warriors focuses on these lawyers' civil war: on the legal professionals who plotted the course of the war from seats of power, the scenes of battle, and the home front. Both the North and the South had their complement of lawyers, and Hoffer provides coverage of each side's leading lawyers. In positions of leadership, they struggled to make sense of the conflict, and in the course of that struggle, began to glimpse of new world of law. It was a law that empowered as well as limited government, a law that conferred personal dignity and rights on those who, at the war's beginning, could claim neither in law. Comprehensive in coverage, Uncivil Warriors' focus on the central of lawyers and the law in America's worst conflict will transform how we think about the Civil War itself.
Describes the story of the man who was entrusted with all of the details of John Brown's plans to capture the Harper's Ferry armory in 1859 and how he was hunted down for a $1,000 bounty and tried as a spy.
The Creole Affair is the story of the most successful slave rebellion in modern history. The Creole Affair is just as importantly a story of diplomacy: of two extraordinary non-professional diplomats who cleverly resolved the tensions arising from this historic slave uprising that, had it been allowed to escalate, had the potential for catastrophe.
This is the standard reader in American law and constitutional development. The selections demonstrate that the legal order, once defined by society, helps in molding the various forces of the social life of that society. The essays cover the entire period of the American experience, from the colonies to postindustrial society. Additions to this enlarged edition include essays by Michael Parrish on the Depression and the New Deal; Abram Chayes on the role of the judge in public law litigation; David Vogel on social regulation; Harry N. Scheiber on doctrinal legacies and institutional innovations in the relation between law and the economy; and Lawrence M. Friedman on American legal history.

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