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1850-1877: Law and Justice: Publications

1850-1877: Law and Justice: Publications

Horace Binney, The Privilege of the Writ of Habeas Corpus under the Constitution (Philadelphia: C. Sherman & Son, 1862–1865)—a defense of Lincoln administration policy that became the central publication in an extended debate among lawyers;

Joel P. Bishop, Commentaries on the Law of Marriage and Divorce (Boston: Little, Brown, 1852)—an analysis of contemporary morals as well as laws;

Thomas R. R. Cobb, An Inquiry into the Law of Negro Slavery in the United States of America (Philadelphia: T. ôcj. W. Johnson, 1858)—a treatise by one of the future drafters of the Confederate Constitution;

Thomas Cooley, A Treatise on the Constitutional Limitations which Rest upon the Legislative Power of the States of the American Union (Boston: Little, Brown, 1868)—a highly influential work contributing to more exacting judicial review in defense of economic liberty;

Cooley, A Treatise on the Law of Taxation, Including the Law of Local Assessments (Chicago: Callaghan, 1876)—defines the public purpose necessary to sustain taxation and in requiring equal and uniform, rather than progressive, taxation;

John Forrest Dillon, The Law of Municipal Corporations (New York: J. Cockcroft, 1872)—the eminent commentator, and later judge, establishes enduring principles of local government law;

Sidney George Fisher, The Trial of the Constitution (Philadelphia: J. B. Lippincott, 1862)—maintained that the Constitution provided Congress and the President with the powers necessary to sustain the Civil War;

Henry W. Halleck, Elements of International Law and Laws of War (Philadelphia: J. B. Lippincott, 1866)—reflects the Union military commander’s recognition of the importance of the subject to the conduct of war;

Francis Hilliard, The Law of Torts or Private Wrongs (Boston: Little, Brown, 1859)—this first systematic treatise on torts marks the maturity of the subject;

Hilliard, The Law of Taxation (Boston: Little, Brown, 1875)—one of several treatises prompted by local tax initiatives during the middle decades of the century;

John Codman Hurd, The Law of Freedom and Bondage in the United States (Boston: Little, Brown, 1858–1862)—a Bostonian defends the legitimacy of slavery;

John A. Jameson, A Treatise on Constitutional Conventions; Their History, Powers, and Modes of Proceeding (Chicago: Callaghan, 1867)—a general survey prompted by the Illinois constitutional convention of 1862;

Christopher Columbus Langdell, A Selection of Cases on the Law of Contracts (Boston: Little, Brown, 1871)—the first casebook designed for use in law schools;

John A. Marshall, American Bastile (Philadelphia: T. W. Hartley, 1869)—a widely selling partisan denunciation of Lincoln administration policy on civil liberties;

John Belton O’Neall, Biographical Sketches of the Bench and Bar of South Carolina (Charleston: S. G. Courte-nay, 1859)—one of the best sets of profiles of contemporary lawyers;

Joel Parker, Personal Liberty Laws and Slavery in the Territories (Boston: Wright & Potter, 1861)—an analysis by a conservative Harvard Law School professor;

Theophilus Parsons, The Law of Contracts (Boston: Little, Brown, 1853–1855)—a critique of the prevailing theory of contract; one of the best-selling treatises of the era;

Isaac Redfield, The Law of Railways (Boston: Little, Brown, 1858)—railroads had by this point changed American life so profoundly as to become a distinct field of legal practice;

Theodore Sedgwick, v4 Treatise on the Rules Which Govern the Interpretation and Application of Statutory and Constitutional Law (New York: J. S. Voorhies, 1857)—a guide to reading legal enactments;

George Sharswood, A Compend of Lectures on the Aims and Duties of the Profession of the Law (Philadelphia: T. & J. W. Johnson, 1854)—statement of principles that would be adopted by early bar associations;

Thomas Shearman and Amasa Redfield, A Treatise on the Law of Negligence (New York: Baker, Voorhis, 1869)—an update on the developing field of torts;

John N. Taylor, A Treatise on the American Law of Landlord and Tenant (Boston: Little, Brown, 1866)—reflects the increasingly typical living arrangements in American cities;

Emory Washburn, A Treatise on the American Law of Real Property, 2 volumes (Boston: Little, Brown, 1860–1862)—a survey of law relating to land ownership;

Francis Wharton, Commentary on the Law of Agency and Agents (Philadelphia: Kay & Brother, 1876)—establishes the principal-agent relationship as a concept distinct from the law of employer-employee relations;

Wharton, A Suggestion As to Causation (Cambridge, Mass.: Riverside Press, 1874)—an attempt to allocate liability for injuries with multiple causes through a principle of moral causation;

William Whiting, The War Powers of the President, and the Legislative Powers of Congress in Relation to Rebellion, Treason and Slavery (Boston: J. L. Shorey, 1862)—the solicitor of the War Department defends the Lincoln administration’s approach to the Constitution;

Theodore Dwight Woolsey, Divorce and Divorce Legislation (New York: Scribner, 1869)—Yale president and law professor denounces the laws facilitating divorce;

Woolséy, Introduction to the Study of International Law (Boston: J. Munroe, 1860)—the most current authority at the outbreak of the Civil War.

Related newspaper, magazine, and trade journal articles from HighBeam Research

(Including press releases, facts, information, and biographies)

	Law still holds key Vatican positions. (Church In Crisis).(Bernard F. Law, Cardinal, still holds key Catholic Church decision-making positions.) Magazine article from: National Catholic Reporter; 12/27/2002; ; 700+ words ; ...far from finished, either for Law or for Boston. For Law himself the question now seems to be What's next? For Boston, however, it's more like Who's next? One looming question for Law is whether his resignation...Robichaud told NCR. Beyond Law's personal fate, much attention in both ... Read more
	Civil law trumps Bernard Law.(Church) Magazine article from: Catholic New Times; 2/9/2003; ; 700+ words ; ...Dec. 13, 2002) of Boston's embattled Bernard Cardinal Law. His powerful hold...civil-rights lawyer in Boston commented: For many of us, based on (Law's) record coming out...Republican Party ideology. Law's arrival in Boston as archbishop in 1984... Read more
	The stage trial of Cardinal Law: 'adaptation' reenacts the legal drama of Boston's abuse scandal.(Column)(Theater Review) Magazine article from: National Catholic Reporter; 4/16/2004; ; 700+ words ; ...during the deposition of Boston Cardinal Bernard Law, arguably the most powerful...gleanings from the book Boston's Cardinal Bernard Law and from the 2003 Pulitzer...covered the drama for The Boston Globe, described Law as frazzled and obfuscating... Read more
	Law's power a symbol of deeper crisis.(EDITORIALS) Magazine article from: National Catholic Reporter; 4/22/2005; 700+ words ; ...Vatican defenders of Law suggest that he...for what he did in Boston by losing that see...become reconciled to Law in a way that would...what happened in Boston and to stop connecting...only conclude that Law was fortunate to get out of Boston and the United States... Read more
	Theories surround Law's visit: surprise trip to Rome provokes speculation about resignation, bankruptcy. (Church In Crisis).(Bernard Law) Magazine article from: National Catholic Reporter; 12/20/2002; ; 700+ words ; ...their resignation. Law was also expected...before returning to Boston at the end of the...coadjutor bishop for Boston, meaning a prelate...step in alongside Law and assume some of...of bankruptcy in Boston formed the meat of Law's Vatican conversations... Read more
	Law has 'difficult transition".(USA)(Brief Article) Magazine article from: National Catholic Reporter; 12/26/2003; ; 161 words ; BOSTON -- Cardinal Bernard E Law, retired archbishop of Boston, reflected on his 30 years as...assignment in the near future, Law said, I really don't live in expectation...decided to resign as archbishop of Boston because I felt that it was paradoxically... Read more
	O'Malley calls Law post 'poorly timed'.(Nation) Magazine article from: National Catholic Reporter; 7/16/2004; ; 700+ words ; Boston's archbishop has admitted...predecessor, Cardinal Bernard Law, to a Roman job couldn...29 Vatican ceremony. Law, whose failure to intervene...abusive priests in Boston made him a symbol of...American Catholic history. Law's appointment triggered wide criticism in Boston, with one ... Read more
	Cardinal Law resigns.(Church Notes) Magazine article from: Catholic New Times; 1/5/2003; 322 words ; ...of Cardinal Bernard Francis Law of Boston, Mass., effectively ending the...morning that Cardinal Bernard Law, Archbishop of Boston, has resigned and the Holy Father...and all in the Archdiocese of Boston. Cardinal Law, through a spokesperson, asked... Read more
	Vatican remains suspicious of lay demands: pressure from Boston clergy had more influence on Bernard Law's decision to resign. (Column). Magazine article from: National Catholic Reporter; 1/10/2003; ; 700+ words ; ...of Cardinal Bernard Law as archbishop of Boston was the lead story...than that of Bernard Law. But that advantage...and religious of Boston will be carefully...affiliated with the Boston Priests Forum. It was, after all, Law's loss of support... Read more
	Bernard Law and the road to Rome.(Editorial) Magazine article from: Catholic New Times; 2/9/2003; 679 words ; The decline and fall of Boston's Bernard Cardinal Law must be seen within the context...seminary: you keep the law and the law will keep you. In the end...clerical culture, too many--and Law is but one sad example--play...speaks of. All of this, in Law's case, fed a spiritual ... Read more

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