Episode Ten: Amerindians and the Law, Part II
The American Legal History Podcast
Release Date: 11/01/2020
Episode Twenty Eight: Crime & Punishment from the Early Colonial Period to the Present Day, Part I
The American Legal History Podcast
This is the first of two episodes on the history of criminal law and procedure in the United States. In this first installment we will examine some basic definitions of crime, common law crimes, the evolution of the federal government’s role in terms of landmark legislation and enforcement, the pivotal rule that the states play in criminal law, and the codification of criminal law.
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Episode Twenty Seven: Legal Education and the Legal Profession between the Revolution and the Civil War
The American Legal History Podcast
In this episode we will discuss legal education and the legal profession between the Revolution and the Civil War. In this period the profession matured and truly came into its own. It was a time of tremendous growth in the profession when lawyers exercised ever increasing influence over the political and economic life of the nation. During this time the principle method of educating lawyers was the the apprentice system or more commonly known as "reading the law". It was also a time when the first law schools were founded in the United States. Lastly we will discuss the law practice of...
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Episode Twenty Six: Race and the Supreme Court
The American Legal History Podcast
In episode twenty-six we will continue our discussion with Professor Professor Vernon Burton and Civil Rights attorney Armand Derfner, on their brilliant book, Race and the Supreme Court. We will examine the slow evolution of the US Supreme Court on issues of social justice in the mid-20th century, culminating with it’s full-throated support in the 1950’s and 60’s. This was followed by a steady decline in that support, especially in the last ten years under Chief Justice John Roberts.
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Episode Twenty Five: Justice Deferred Race and the Supreme Court
The American Legal History Podcast
Today we have two very special guests, Professor Orville Vernon Burton and Professor Armand Derfner. Their book Justice Deferred: Race and the Supreme Court, is the first that comprehensively charts the Court’s race jurisprudence. Addressing nearly two hundred cases involving America’s racial minorities, they explore the parties involved, the justices’ reasoning, and the impact of individual rulings. Orville Vernon Burton is a prizewinning author of many books, including The Age of Lincoln. He is the Judge Matthew J. Perry Chair of History at Clemson University and Emeritus University...
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Episode Twenty Four: Law in Antebellum America
The American Legal History Podcast
In this episode we will explore American law between the Revolution and the Civil War. Sometimes referred to as the Golden Age of American Law, it featured some of the most celebrated lawyers and judges in our history. We will also take a close look at the development of the common law of contracts and torts. I will tell you about John Marshall's successor as Chief Justice of the United States Supreme Court, Roger Brooke Taney and his very different judicial outlook. Lastly we will examine the extraordinary story of the birth of the business corporation and its impact on American life.
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Episode Twenty Three: The Codification Movement of the Nineteenth Century
The American Legal History Podcast
During the course of the long nineteenth century, a great debate took place between those who wanted to base the law of the United States in common law, and those who wanted it based in codified law. The proponents of the movement had three goals, which can be characterized as procedural, jurisdictional, and aspirational. The movement achieved considerable success with the first two and was at least partially successful with the third. The procedural goal was to replace the elaborate, arcane, and madding system of special pleading with simple and uniform codified court procedures. The...
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Episode Twenty-Two: The Early Supreme Court and the Legacy of John Marshall, Part II
The American Legal History Podcast
In episode twenty-two, we will continue our examination of the early Supreme Court and the staggering impact of Chief Justice John Marshall on the Constitutional development of the early Republic. Most of the cases discussed in the episode were decided between 1810 – 1823, the most productive period in Supreme Court history, during this time Marshall and his fellow justices, were at the height of their intellectual and persuasive powers. Cases discussed include: Fletcher v Peck; United States v. Hudson and Goodwin; Martin v. Hunter’s Lessee; United States v. Coolidge; McCulloch...
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Episode Twenty-One: The Early Supreme Court and the Legacy of John Marshall, Part I
The American Legal History Podcast
In episode twenty-one we will discuss the early years of the United States Supreme Court and the most influential Chief Justice in its history, John Marshall. We will examine in detail what is considered the most famous case in American legal history, Marbury v. Madison (1803). We will also explore the origins of judicial review, the power of the court to determine if a statute, case, or treaty comports with the Constitution. We will end with an examination of how Marshall and the United States Supreme Court were able influence nearly every important political issue of the first half of the...
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Episode Twenty: The Constitution Part VI The Bill of Rights
The American Legal History Podcast
In Episode twenty, we will take a close look at the creation and substance of the first ten Amendments of the Constitution of the United States; The Bill of Rights. We will also discuss the three distinct eras of Constitutional growth and the strange story of the twenty-seventh Amendment.
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Episode Nineteen: The Constitution, Part V Ratification
The American Legal History Podcast
In episode nineteen, we will examine the fight and the procedures utilized for the ratification of the Constitution of the United States. Often treated by historians as little more than a postscript in the process, it did in fact represent, in itself, a great epoch in American political thought and development. The debate and votes which lasted a bit less than a year were thorough, egalitarian, passionate, thoughtful, and non-violent. In addition to ratification it also planted the seeds for the first political parties.
info_outlineIn episode ten we will discuss the deadliest war in American history as a proportion to population, King Phillips War. Native American legal culture in the south; the importance of the Amerindian Confederacies in the 17th and 18th centuries. The different perspectives of the Crown and the colonies toward Native peoples. The Marshall trilogy and Indian removal.