The History of Indiana Law / Edition 1

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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 in American 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.
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Product Details

  • ISBN-13: 9780821416372
  • Publisher: Ohio University Press
  • Publication date: 7/1/2006
  • Series: Law Society & Politics in the Midwest Series
  • Edition description: 1
  • Edition number: 1
  • Pages: 384
  • Product dimensions: 6.13 (w) x 9.25 (h) x 1.20 (d)

Table of Contents

1 The narratives and counternarratives of Indiana legal history 3
2 Indiana's constitution in a nation of constitutions 21
3 Race, law, and the burdens of Indiana history 37
4 Family law in Indiana : a domestic relations crossroads 60
5 The poor you have always with you : the problem of the "sturdy beggar" 90
6 "Conspicuously enlightened policy" : criminal justice in Indiana 113
7 Juvenile law : the quest to redeem youthful offenders 142
8 From petticoat slavery to equality : women's rights in Indiana law 177
9 The Indiana bill of rights : two hundred years of civil liberties history 193
10 The uncertain promise of free public schooling 213
11 Indiana courts and lawyers, 1816-2004 257
12 More than arbiters of cases and controversies : the growing impact of the judiciary on Indiana's legal culture 278
13 Indiana judges : a portrait of judicial evolution 303
14 Political pragmatism and common sense : leading cases of the Indiana Supreme Court 325
15 The U.S. Supreme Court on circuit in Indiana, 1837-1891 342
App History of official Indiana statutes 363
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