Paul Finkelman

Perhaps no other Supreme Court decision has had the political impact of Dred Scott v. Sandford. Using a variety of documents that reflect regional opinions and political debates, Paul Finkelman examines the 1857 decision that helped set in motion the events that eventually led to a new birth of freedom and the abolition of slavery in the United States.

A Brief History with Documents

Dred Scott v. Sandford

The new edition of this classic work addresses how the first generation of leaders of the United States dealt with the profoundly important question of human bondage. This third edition incorporates a new chapter on the regulation of the African slave trade and the latest research on Thomas Jefferson.

Race and Liberty in the Age of Jefferson

Slavery and the Founders

First Published in 1990. Routledge is an imprint of Taylor & Francis, an informa company.

Medicine, Nutrition, Demography, and Slavery

In Slavery and the Founders, Paul Finkelman addresses a central issue of the American founding: how the first generation of leaders of the United States dealt with the profoundly important question of human bondage. The book explores the tension between the professed idea of America as stated in the Declaration of Independence, and the reality of the early American republic, reminding us of the profound and disturbing ways that slavery affected the U.S. Constitution and early American politics. It also offers the most important and detailed short critique of Thomas Jefferson's relationship to slavery available, while at the same time contrasting his relationship to slavery with that of other founders. This third edition of Slavery and the Founders incorporates a new chapter on the regulation and eventual (1808) banning of the African slave trade.

First published in 2000. Routledge is an imprint of Taylor & Francis, an informa company.

An Encyclopedia

Religion and American Law

Dred Scott Vs. Sanford

The Struggle for Equal Education

An insightful, chronological—by chief justice—examination of the Supreme Court that enables students and readers to understand and appreciate the constitutional role the Court plays in American government and society. American citizens need to understand the importance of the Supreme Court in determining how our government and society operates, regardless of whether or not they agree with the Court's opinions. Unfortunately, the role and powers of the third branch of government are not well understood by the American public. After an introduction and overview to the history of the Supreme Court from 1789 to 2013, this book examines the Court's decisions chronologically by Chief Justice, allowing readers to grasp how the role and powers of the Court have developed and shifted over time. The chapters depict the Court as the essential agent of review and an integrated part of the government, regardless of the majority/minority balance on the Court, and of which political party is in the White House or controlling the House or Senate. Useful for high school students, undergraduate students, and general readers researching the Supreme Court in general, investigating specific issues, or seeking answers to personal interest questions Provides an accessible resource for chronologically tracing the development of civil and human rights issues from the Warren Court to the present Examines the legacy of each Chief Justice's Court by its significant cases or decisions as well as its influence on the historical era Notes the dramatic or long-lasting effects of Court decisions and addresses the most controversial decisions of the 21st century, underscoring the significance of Supreme Court decisions on society overall Argues that the Court has long had a political presence and influence rather than existing as simply a legal entity

Controversies, Cases, and Characters from John Jay to John Roberts

The Supreme Court: Controversies, Cases, and Characters from John Jay to John Roberts [4 Volumes]

Reprinted from the Garland series: Slavery, Race, and the American Legal System, 1700-1872. The facsimiles of antebellum pamphlets in these volumes deal with slave revolts and efforts to help slaves escape bondage. Most involve rebel slaves and "slave stealers," others deal with activities of white journalists and divines that were considered inflammatory. "[The volumes in this series] belong in every library used for research, and in particular at all law school libraries. They will prove valuable to historians, lawyers, law teachers and students, and all persons interested in the problems of slavery and race in American experience.": William M. Wiecek, American Journal of Legal History 33 (1989) 187.

The Pamphlet Literature

Slave Rebels, Abolitionists, and Southern Courts

Three volumes collect over fourteen-hundred entries on historical issues of civil liberties that include the Constitution, the Bill of Rights, associations, and important trials.

A - F, Index

The Encyclopedia of American Civil Liberties

Presents a three-volume encyclopedia of the history of the new American nation, and contains over six hundred alphabetically-arranged articles covering major events and issues from 1754 to 1829.

The Emergence of the United States, 1754-1829

Encyclopedia of the New American Nation

Slavery, Comity, and Federalism, 1787-1861

A More Perfect Union?

This Encyclopedia on American history and law is the first devoted to examining the issues of civil liberties and their relevance to major current events while providing a historical context and a philosophical discussion of the evolution of civil liberties. Coverage includes the traditional civil liberties: freedom of speech, press, religion, assembly, and petition. In addition, it also covers concerns such as privacy, the rights of the accused, and national security. Alphabetically organized for ease of access, the articles range in length from 250 words for a brief biography to 5,000 words for in-depth analyses. Entries are organized around the following themes: organizations and government bodies legislation and legislative action, statutes, and acts historical overviews biographies cases themes, issues, concepts, and events. The Encyclopedia of American Civil Liberties is an essential reference for students and researchers as well as for the general reader to help better understand the world we live in today.

Encyclopedia of American Civil Liberties

Southern Slaves in Free State Courts: The Pamphlet Literature. New York: Garland, 1988. 3 Vols. 1,704 pp. With a New Introduction by Paul Finkelman. Reprinted 2007, 2013 by The Lawbook Exchange, Ltd. Set ISBN-13: 9781584777380. Set ISBN-10:1584777389. Hardcover. New. 34 Pamphlets reprinted in fascimile, in 3 volumes, with a New Introduction by Paul Finkelman: 1. Francis Hargrave. An Argument in the Case of James Sommersett aNegro, Lately Determined by the Court of King's Bench: Wherein it is Attempted to Demonstrate the Present Unlawfulness of Domestic Slavery in England. To Which is Prefixed a State of the Case. London, 1772. 82pp. 2. Edward Long. Candid Reflections Upon the Judgement Lately Awarded by the Court of King's Bench, in Westminster-Hall, on What is Commonly Called the Negro Cause, by a Planter. London, 1772. 76 pp. 3. Britannia Libera, or a Defence of the Free State of Man in England, Against the Claim of Any Man There as a Slave. London, 1772. 47 pp. 4. Samuel Estwick. Considerations on the Negro Cause Commonly so Called, Addressed to the Right Honorable Lord Mansfield. London, 1763. [96] pp. 5. A Letter to Philo Africanus, Upon Slavery; In Answer to His of the 22nd of November, in the General Evening Post, Together With the Opinions of Sir John Strange, and Other Eminent Lawyers Upon This Subject, With the Sentence of Lord Mansfield, in the Case of Somerset and Knowles, 1772, With His Lordship's Explanation of That Opinion in 1786. London, 1788. 40 pp. 6. John Haggard. The Judgment of the Right Hon. Lord Stowell, Respecting the Slavery of the Mongrel Woman, Grace, On An Appeal From The Vice-Admirality Court of Antigua. London, 1827. [50] pp. 7. Considerations on Certain Remarks on the Negro Slavery and Abolition Questions, in Lord Stowell's Judgment in the Case of the Slave "Grace." By a Briton. Newcastle, 1827. 18 pp. 8. Case of the Slave-Child Med. Report of the Arguments of Counsel and of the Opinion of the Court, in the Case of Commonwealth vs. Aves;Tried and Determined in the Supreme Judicial Court of Massachusetts. Boston, 1836. 40 pp. Please contact us for a complete list of titles contained in these three volumes. Originally published as a part of the series Slavery, Race, and the American Legal System, 1700-1872, this set contains facsimiles of 34 rare pamphlets relating to court cases involving the status of slaves in non-slave jurisdictions, including Somerset v. Stewart (1772) and Dred Scott v. Sandford (1857). As in the companion set Fugitive Slaves and American Courts, some pamphlets were part of the public debate over judicial decisions. Others used a case to promote the antislavery cause or, in some instances, support or justify slavery.

Southern Slaves in Free State Courts

Melvin I. Urofsky

A March of Liberty: A Constitutional History of the United States, Third Edition, is a clearly written, comprehensive overview of American constitutional development. Covering the country's history from the founding of the English colonies up through the latest decisions of the Supreme Court, this two-volume work presents the most complete discussion of American constitutional history currently available. Authors Melvin I. Urofsky and Paul Finkelman successfully blend cases and court doctrines into the larger fabric of American political, economic, and social history. They discuss in detail the great cases handed down by the Supreme Court, showing how these cases played out in society and how constitutional growth parallels changes in American culture. In addition, they examine lesser-known decisions that played important roles in affecting change, and also provide in-depth analyses of the intellects and personalities of the Supreme Court justices who made these influential decisions. Updated with the most recent scholarship, the third edition of A March of Liberty offers more cases on a broader range of issues including the environment, labor, civil rights, and Native American concerns. It now presents new selections on decisions, statutes, and constitutional developments from the first decade of the 21st century--like the USA PATRIOT Act, presidential signing statements, same-sex marriage, reproductive rights, campaign financing, and firearms regulation. The text reflects the current trends in American constitutional history by employing a holistic approach that integrates the decisions of the state and lower federal courts with the decisions of the Supreme Court. A March of Liberty, Third Edition, features useful supplemental materials including the text of the Constitution, a chronological list of Supreme Court justices, an appendix of the names and years for each Supreme Court justice, and suggested further readings. Gracefully written and clearly explained, this popular two-volume set is indispensable for courses in American constitutional history and law.

A March of Liberty: From the founding to 1900

Reprinted from the series Slavery, Race and the American Legal System, 1700-1872, this set contains facsimiles of 56 rare pamphlets relating to court cases involving fugitive slaves. As in the companion set, Southern Slaves in Free State Courts, some pamphlets were part of the public debate over judicial decisions. Others used cases to promote the antislavery cause or, in some instances, support or justify slavery. "These...volumes belong in every library used for research, and in particular at all law school libraries. They will prove valuable to historians, lawyers, law teachers and students, and all persons interested in the problems of slavery and race in American experience.": William M. Wiecek, American Journal of Legal History 33 (1989) 187.

Fugitive Slaves and American Courts

David Thomas Konig

Christopher Alan Bracey

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, which 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. Contributors: Austin Allen, Adam Arenson, John Baugh, Hon. Duane Benton, Christopher Alan Bracey, Alfred L. Brophy, Paul Finkelman, Louis Gerteis, Mark Graber, Daniel W. Hamilton, Cecil J. Hunt II, David Thomas Konig, Leland Ware, Hon. Michael A. Wolff

Historical and Contemporary Perspectives on Race and Law

The Dred Scott Case

Roberta Sue Alexander

Justice and Legal Change on the Shores of Lake Erie explores the many ways that the United States District Court for the Northern District of Ohio has affected the region, the nation, the development of American law, and American politics. The essays in this book, written by eminent law professors, historians, political scientists, and practicing attorneys, illustrate the range of cases and issues that have come before the court. Since the court’s inception in 1855, judges have influenced economic developments and social issues, beginning with the court’s most famous early case, involving the rescue of the fugitive slave John Price by residents of Northern Ohio. Chapters focusing on labor strikes, free speech, women’s rights, the environment, the death penalty, and immigration illustrate the impact this court and its judges have had in the development of society and the nation’s law. Some of the cases here deal with local issues with huge national implications —like political corruption, school desegregation, or pollution on the Cuyahoga River. But others are about major national issues that grew out of incidents, such as the prosecution of Eugene V. Debs for opposing World War I, the litigation resulting from the Kent State shootings and opposition to the Vietnam War, and the immigration status of the alleged Nazi war criminal John Demyanjuk. This timely history confirms the significant role played by district courts in the history of the United States.

A History of the United States District Court for the Northern District of Ohio

Justice and Legal Change on the Shores of Lake Erie

In ruling after ruling, the three most important pre-Civil War justices--Marshall, Taney, and Story--upheld slavery. Paul Finkelman establishes an authoritative account of each justice's proslavery position, the reasoning behind his opposition to black freedom, and the personal incentives that embedded racism ever deeper in American civic life.

Slavery in the Nation's Highest Court

Supreme Injustice

Stephen E. Gottlieb

The United States Supreme Court's relegation of many rights to definition under state constitutional law, combined with the tendency of recent administrations to entrust the states with the task of preserving individual rights, is increasingly making state constitutions the arena where the battles to preserve the rights to life, liberty, property, due process, and equal protection of laws must be fought. Ranging in time from the late 1700s to the late 1900s, Toward a Usable Past offers a series of case studies that examine the protection afforded individual rights by state constitutions and state constitutional law. As it explores the history of liberty at the state level, this volume also investigates the promise and risks of turning to state constitutions to guarantee and expand individual rights. In this book, major scholars and legal practitioners discuss state protections of civil liberty, and ponder the contemporary implications of the state record. The cases examined cover topics ranging from religion in schools during the Federalist era to criminal justice in the late nineteenth century, from racial integration in Kansas before Brown v. Board of Education to legal battles over birth control in the Connecticut Supreme Court. The introduction presents the historical and contemporary significance of the topic and traces the evolution of the federal constitutional law establishing the parameters of state regulation of individual rights.

Paul Finkelman

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