{"title":"The Law of Corporations","authors":"L. Friedman","doi":"10.1093/oso/9780190070885.003.0017","DOIUrl":"https://doi.org/10.1093/oso/9780190070885.003.0017","url":null,"abstract":"This chapter discusses the development of corporate law in the second half of the nineteenth century. In 1800, corporation law was a torpid backwater of law, mostly a matter of municipalities, charities, and churches. Only a bridge or two, a handful of manufacturing enterprises, a few banks, a few insurance companies, disturbed its quiet. The nineteenth century, however, was the age of the business corporation. By 1870, corporations had a commanding position in the economy. Private practice and legislation made the law of corporations. The courts played a minor role. No constitutional convention met, between 1860 and 1900, without considering the problem of the corporation. This was a nineteenth-century constant; it changed form, format, and its cast of characters, but there was a numbing sameness of theme.","PeriodicalId":203026,"journal":{"name":"A History of American Law","volume":"82 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-08-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124114331","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The Underdogs: 1850–1900","authors":"L. Friedman","doi":"10.1093/oso/9780190070885.003.0016","DOIUrl":"https://doi.org/10.1093/oso/9780190070885.003.0016","url":null,"abstract":"This chapter discusses laws covering the poor, women, family, and races in the second half of the nineteenth century. The American system provided a voice, and a share in the economy to more people, and to a greater percentage of the population, than most of the Old World countries did. But decisively not everybody. Women lacked rights and were definitely the weaker sex, socially speaking. For blacks, for Native Americans, for the Chinese, for the unorganized and the powerless in general, this great democracy had little enough to offer. However, there were some changes in the late nineteenth century. A movement, staffed by volunteers, arose to make charity more “scientific,” and to bring some sort of order out of chaos. In addition, a small but enthusiastic band of people, inside and outside of government, worked hard to improve the lot of the poor and the institutions that served them.","PeriodicalId":203026,"journal":{"name":"A History of American Law","volume":"4 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-08-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127434987","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The Legal Profession: At Work","authors":"L. Friedman","doi":"10.1093/oso/9780190070885.003.0021","DOIUrl":"https://doi.org/10.1093/oso/9780190070885.003.0021","url":null,"abstract":"This chapter discusses changes in the legal profession in the second half of the nineteenth century covering the organization of the bar and admission to the bar. In 1850, there were an estimated 21,979 lawyers in the United States. The number grew very rapidly after the Revolution. In the last half of the century, there was even greater increase. The transformation of the American economy after the Civil War profoundly affected the demand for lawyers, and hence the supply. By 1880, there were perhaps 60,000 lawyers; by 1900, about 114,000. For most of the nineteenth century, no organization even pretended to speak for the bar as a whole, or any substantial part, or to govern the conduct of lawyers. Lawyers formed associations, mainly social, from time to time; but there was no general bar group until the last third of the century.","PeriodicalId":203026,"journal":{"name":"A History of American Law","volume":"43 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-08-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115929229","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The Land and Other Property","authors":"L. Friedman","doi":"10.1093/oso/9780190070885.003.0013","DOIUrl":"https://doi.org/10.1093/oso/9780190070885.003.0013","url":null,"abstract":"This chapter discusses the development of property law in the second half of the nineteenth century covering land law, public land, dynasts landlord and tenant, mortgages, titles, and intellectual property. One dominant theme of American property law was the idea that land should be marketable; that people should be able to buy and sell land freely. This was a big, open country, a land of abundance, a land with land for everybody, huge tracts of vacant land. For the settlers, land promised a better life, a life of rising expectations; land was mother of resources and development. As the frontier moved West, land law followed at a respectable distance. Land law was not uniform. Conditions in New York were not the same as conditions in Wyoming. However, overall trends were quite similar and old doctrines were reshaped to suit American conditions.","PeriodicalId":203026,"journal":{"name":"A History of American Law","volume":"28 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-08-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123481985","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The Bar and Its Works","authors":"L. Friedman","doi":"10.1093/oso/9780190070885.003.0009","DOIUrl":"https://doi.org/10.1093/oso/9780190070885.003.0009","url":null,"abstract":"This chapter discusses the bar, covering its organization, legal education, and the legal literature of the law. The bar was open to almost all men in a technical sense. But class and background did make a difference. Jacksonian ideology should not be taken at face value. The bar was, for one thing, somewhat stratified, even in the nineteenth century. At the beginning of the twenty-first century, there is a tremendous social distance between a Wall Street partner on the one hand, and on the other hand, lawyers who scrambled for a living at the bottom of the heap. Lawyers from wealthy or professional backgrounds were far more likely to reach the heights than lawyers from working-class homes. In 1800 and 1850, there were no large law firms, and hardly any firms at all.","PeriodicalId":203026,"journal":{"name":"A History of American Law","volume":"15 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-08-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121520285","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The Republic of Bees","authors":"L. Friedman","doi":"10.1093/oso/9780190070885.003.0002","DOIUrl":"https://doi.org/10.1093/oso/9780190070885.003.0002","url":null,"abstract":"This chapter details changes in American law from the eighteenth century onward, covering federal and state constitutions, judges, organization of courts, and civil procedure, and the law of evidence. The colonies declared themselves independent in 1776. However, American law continued to borrow from English law. English doctrines that were needed and appropriate were welcome. Between 1776, and the middle of the nineteenth century, there developed a true republic of bees; their flowers were the social and economic institutions that grew up in the United States. American conditions and ideas were the lawmakers that made American law a distinctive system: a separate language within the common-law family.","PeriodicalId":203026,"journal":{"name":"A History of American Law","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-08-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130701255","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Crime and Punishment in the Twentieth Century","authors":"L. Friedman","doi":"10.1093/oso/9780190070885.003.0026","DOIUrl":"https://doi.org/10.1093/oso/9780190070885.003.0026","url":null,"abstract":"This chapter discusses changes in criminal law in the twentieth century, covering the decriminalization of sex and vice, defendants’ rights, the death penalty, and crime waves and the national response. As the federal government grew in size in the twentieth century, and as the federal statute book grew along with it, a whole new array of federal crimes came into existence. Income tax evasion or fraud was one of these—it was obviously no crime at all before the federal income tax law. Every regulatory law created a new federal crime: violating the food and drug law, or stock fraud under the SEC law, or killing a black-footed ferret, under the Endangered Species Act. Under J. Edgar Hoover, the Federal Bureau of Investigation became a major crime-fighter, at least with regard to crime that crossed state lines.","PeriodicalId":203026,"journal":{"name":"A History of American Law","volume":"28 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-08-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130014344","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Procedure and Practice: An Age of Reform","authors":"L. Friedman","doi":"10.1093/oso/9780190070885.003.0012","DOIUrl":"https://doi.org/10.1093/oso/9780190070885.003.0012","url":null,"abstract":"This chapter discusses procedural reform in the second half of the nineteenth century, covering the Field Code, appellate courts, and codification and reform. The year 1848 is considered by some lawyers and historians as a time of procedural revolution, although perhaps a mild one. In that year, New York passed an “act to simplify and abridge the Practice, Pleadings, and Proceedings of the Courts.” This was a full-blown Code of Civil Procedure, radically new at least in appearance. The Code is often called the Field Code, after David Dudley Field, who did more than anyone else to devise it and get it enacted. The Field Code also served as a catalytic agent for procedural reform in other parts of the United States.","PeriodicalId":203026,"journal":{"name":"A History of American Law","volume":"49 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-08-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121328000","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Regulation, Welfare, and the Rise of Environmental Law","authors":"L. Friedman","doi":"10.1093/oso/9780190070885.003.0025","DOIUrl":"https://doi.org/10.1093/oso/9780190070885.003.0025","url":null,"abstract":"This chapter discusses changes in American law in the twentieth century covering land use, environmental law, intellectual property, regulation of business, and business law. The twentieth century was a century of land-use controls. An important legal invention was zoning. The central idea of zoning is to divide a town or city into zones or segments and to regulate what kinds of land use are allowed in each of these segments. Some zones will be limited to one-family houses, others will be open to apartment buildings, stores and offices, and even to factories. New York City was a pioneer in the zoning movement. After the state passed an enabling act, New York City adopted the first comprehensive zoning ordinance (1916). Zoning soon spread to city after city. By 1930, it was pretty much the rule in both large and small cities and in the suburbs as well.","PeriodicalId":203026,"journal":{"name":"A History of American Law","volume":"60 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-08-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126156015","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Leviathan Comes of Age","authors":"L. Friedman","doi":"10.1093/oso/9780190070885.003.0022","DOIUrl":"https://doi.org/10.1093/oso/9780190070885.003.0022","url":null,"abstract":"This chapter discusses changes in American law in the twentieth century. Change in the twentieth century was, in some ways less dramatic than those in the previous century; in other ways, more so. The United States now dominated large portions of the world, even when it did not actually own these far-off places. At home, the population grew enormously; according to the 2000 census, the population was just over 280 million, and by 2016, grew to something over 325 million. The main engines of revolution were social and technological. The technological revolution was, perhaps, a chief cause of the social revolution. This was the century of the automobile and the airplane, radio, the movies, and television, the computer and the internet, antibiotics and the birth control pill. Each of these great advances in science and technology eventually had a deep impact on society and on law.","PeriodicalId":203026,"journal":{"name":"A History of American Law","volume":"2 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-08-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129822027","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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