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Product Details

ISBN-13: 9780820344997
Publisher: University of Georgia Press
Publication date: 04/01/2013
Series: Studies in the Legal History of the South Series
Pages: 480
Product dimensions: 8.80(w) x 6.00(h) x 1.40(d)

About the Author

Sally E. Hadden (Editor)
SALLY E. HADDEN, an associate professor of history at Western Michigan University, is the author of Slave Patrols: Law and Violence in Virginia and the Carolinas and coeditor ofThe Blackwell Companion to American Legal History.

Patricia Hagler Minter (Editor)
PATRICIA HAGLER MINTER, associate professor of history at Western Kentucky University is a coauthor of the 2003 edition of Out of Many Lives, Many Stories: Biographies in American History.

Table of Contents


List of Illustrations xi

Acknowledgments xiii

Introduction 1
Sally E. Hadden and Patricia Hagler Minter

Part I: Colonial and Early National Legal Regimes

In My Mother’s House: Dowry Property and Female Inheritance Patterns in Spanish Florida 19
Susan Richbourg Parker
The Law and Order Campaign in New Orleans, 1763–1765: A Comparative View 45
Thomas N. Ingersoll
“Using the Faculties Conceded to Her by Law”: Slavery, Law, and Agency in Spanish New Orleans, 1763–1803 65
Jennifer M. Spear
South Carolina’s Grand Jury Presentments: The Eighteenth- Century Experience 89
Sally E. Hadden
Guarding Republican Liberty: St. George Tucker and Judging in Federal Virginia 111
Jessica K. Lowe

Part II: Law and Society in the Long Nineteenth Century

The Shades of Loyalty: Elisha W. Chester and the Cherokee Removal 137
Tim Alan Garrison
The Material Conditions of Dependency: The Hidden History of Free Women’s Control of Property in the Early Nineteenth- Century South 171
Laura F. Edwards
Democracy, and Lynching, in America 193
Christopher R. Waldrep
The World Made by Laws and the Laws Made by the World of the Old South 219
Alfred L. Brophy
Peaceful Revolution and Popular Sovereignty: Reassessing the Constitutionality of Southern Secession 241
Roman J. Hoyos
Strategic Litigation and the Death of Reconstruction 265
Cynthia Nicoletti
Homestead Exemption and Southern Legal Culture 289
James W. Ely Jr.

Part III: Constitutionalism, Civil Rights, and Civil Liberties

A Place for Themselves in the Modern World: Southern Women and Alcohol in the Age of Prohibition, 1912–1933 317
Lisa Lindquist Dorr
Race, Property, and Negotiated Space in the American South: A Reconsideration of Buchanan v. Warley 345
Patricia Hagler Minter
Race, Law, and Southern Public Higher Education, 1860s–1960s 369
Peter Wallenstein
The Southern Roots of the Reapportionment Revolution 393
Charles L. Zelden
Defending the Right to Discriminate: The Libertarian Challenge to the Civil Rights Movement 417
Christopher W. Schmidt

Contributors 447
Index 453

What People are Saying About This

From the Publisher

"Constitutional and legal history converge comfortably in this welcome rethinking of the southern legal heritage. Signposts is a milestone in the emergence of a more encompassing vision of the legal and constitutional history of the South."—William M. Wiecek, author of The Birth of the Modern Constitution: The United States Supreme Court, 1941-1953

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