9780821416372

The History Of Indiana Law

by
  • ISBN13:

    9780821416372

  • ISBN10:

    0821416375

  • Format: Hardcover
  • Copyright: 2006-07-01
  • Publisher: Ohio Univ Pr

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Summary

In addition to having a reputation as an epicenter for middle American values, Indiana is a cultural crossroads that has produced a rich and complex legal and constitutional heritage. The History of Indiana Law traces this history though a series of expert essays by identifying the themes that mark the state's legal development and establish its broader context in the Midwest and nation. Issues addressed by the commissioned writers include: the revolutionary framework bequeathed by the new American republic, including the Northwest Ordinance and the U.S. Constitution of 1787; the shift to Jacksonian democracy, with its emphasis on states' rights, individualism, market capitalism, and limited government; the rise of the industrial heartland and the growth of bureaucratic government; and the adaptation of law to the increasingly complex society of modern Indiana. The contributors also explore the ways in which the state's legal culture responded to---and at times resisted---the influence of national legal developments. Although Indiana outlawed slavery in 1816, the state's laws did not welcome African Americans. The book traces the tortured history of race relations in Indiana and helps explain why the state became a hotbed of white supremacy in the 1920s.Written by leading lawyers and historians, The History of Indiana Law is the indispensable reference and invaluable first source to learn about law and society in Indiana during almost two centuries of statehood. David J. Bodenhamer is professor of history and executive director ofThe Polis Center at Indiana University-Purdue University Indianapolis. He is author or editor of six books, including Fair Trail: Rights of the Accused inAmerican History and The Bill of Rights in Modern America: After 200 Years (with James W. Ely, Jr).The Hon. Randall T. Shepard, an Evansville native, was appointed to the Indiana Supreme in 1985 and was later promoted to Chief Justice of the court.

Table of Contents

Preface and Acknowledgments ix
PART I: CONSTRUCTING THE FRAMEWORK
The Narratives and Counternarratives of Indiana Legal History
3(18)
David J. Bodenhamer
Randall T. Shepard
Indiana's Constitution in a Nation of Constitutions
21(16)
Patrick Baude
PART II: THE LAW OF PERSONAL STATUS
Race, Law, and the Burdens of Indiana History
37(23)
James H. Madison
Family Law in Indiana: A Domestic Relations Crossroads
60(30)
Michael Grossberg
Amy Elson
The Poor You Have Always with You: The Problem of the ``Sturdy Beggar''
90(23)
Sheila Suess Kennedy
PART III: LAW AND CRIME
``Conspicuously Enlightened Policy'': Criminal Justice in Indiana
113(29)
Susan K. Carpenter
Juvenile Law: The Quest to Redeem Youthful Offenders
142(35)
Margret G. Robb
Nancy Gettinger
PART IV: RIGHTS
From Petticoat Slavery to Equality: Women's Rights in Indiana Law
177(16)
Virginia Dill McCarty
The Indiana Bill of Rights: Two Hundred Years of Civil Liberties History
193(20)
Rebecca S. Shoemaker
The Uncertain Promise of Free Public Schooling
213(44)
Martha McCarthy
Ran Zhang
PART V: BENCH AND BAR
Indiana Courts and Lawyers, 1816--2004
257(21)
Elizabeth R. Osborn
More Than Arbiters of Cases and Controversies: The Growing Impact of the Judiciary on Indiana's Legal Culture
278(25)
Robert J. Maley
John R. Maley
Indiana Judges: A Portrait of Judicial Evolution
303(22)
John G. Baker
Political Pragmatism and Common Sense: Leading Cases of the Indiana Supreme Court
325(17)
George T. Patton Jr.
The U.S. Supreme Court on Circuit in Indiana, 1837--1891
342(21)
Allen Sharp
Appendix: History of Official Indiana Statutes 363(13)
List of Contributors 376(5)
Index 381

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