Transformations in American Legal History : Essays in Honor of Professor Morton J. Horwitz

by Hamilton, Daniel W.

• ISBN13: 9780674033467
• ISBN10: 0674033469
• Format: Hardcover
• Copyright: 2009-03-31
• Publisher: Harvard Univ Pr

Summary

Professor Horwitz has also taught at Princeton University and Standford Law School. He is currently completing the volume on the Warren Court for the Oliver Wendell Holmes Devise History of the Supreme Court. His books have been translated into several languages, including Chinese and Italian. Book jacket.

Author Biography

Morton J. Horwitz is the Charles Professor of American Legal History at Harvard Law School. He was born in 1938 in New York. He was educated at CUNY (BA, 1958), Harvard's government department (PhD, 1964), and Harvard Law School (JD, 1967). Following a clerkship on the United States Court of Appeals for the District of Columbia, he began teaching at Harvard Law School in 1970. He is the author of The Transformation of American Law, 1780-1860 (Harvard University Press, 1977), which won the Bancroft Prize in American History; The Transformation of American Law, 1870-1960: The Crisis of Legal Orthodoxy (Oxford University Press, 1992); and The Warren Court and the Pursuit of Justice (Hill and Wang, 1998), and a coeditor of American Legal Realism (Oxford University Press, 1993). He has written many law review articles, including "The Constitution of Change: Legal Fundamentality without Fundamentalism," in the Harvard Law Review (1993).

Table of Contents

Foreword	p. vii
Preface	p. xi
Acknowledgements	p. xv
Debating the Transformation of American Law: James Kent, Joseph Story, and the Legacy of the Revolution	p. 1
Colonial Constitutionalism and Constitutional Law	p. 28
Drawing and Redrawing the Line: The Pre-Revolutionary Origins of Federal Ideas of Sovereignty	p. 58
DeSaussure and Ford: A Charleston Law Firm of the 1790s	p. 85
Utility, History, and the Rule of Law: The Fugitive Slave Act of 1850 in Antebellum Jurisprudence	p. 109
Stability and Change in Antebellum Property Law: Stare Decisis in Judicial Rhetoric	p. 129
"The Benefits and Evils of Competition": James Coolidge Carter's Supreme Court Advocacy	p. 142
On Limited Liability: A Speculative Essay on Evolution and Justification	p. 169
Transformations: Pluralism, Individualism, and Democracy	p. 185
The Death and Rebirth of the Clear and Present Danger Test	p. 211
Hugo Black's Civil Rights Movement	p. 246
Peregrinations of the Free Rider: The Changing Logics of Collective Obligation	p. 267
Two Horwitzian Journeys	p. 300
Morton Horwitz: Legal Historian as Lawyer and Historian	p. 319
Whither Legal History?	p. 327
The Moral Lives of Intellectual Properties	p. 344
Geniuses and Owners: The Construction of Inventors and the Emergence of American Intellectual Property	p. 369
Morton Horwitz and the Teaching of American Legal History	p. 391
About the Contributors	p. 395
Index	p. 398
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