Episode Twenty- Nine: Crime & Punishment from the Early Colonial Period to the Present Day, Part II
The American Legal History Podcast
Release Date: 01/31/2025
Episode Thirty One: The Civil War and the Constitution, Part I
The American Legal History Podcast
In this the first of several episodes on the Civil War era and the Constitution, we will exam the root causes of the Civil War, the institution of slavery, and the factors that contributed to its longevity in America for 250 years. Also the provisions in the Constitution that addressed slavery, and the important state and federal laws that sustained it. We will also look at important pre-war legislation that served to preserve the Union, and lastly a close examination of the Supreme Court and the Dred Scott decision.
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Episode Thirty: Crime & Punishment from the Early Colonial Period to the Present Day, Part III
The American Legal History Podcast
In this final episode we will we look how attitudes and procedures concerning capital crimes evolved, both in England and America. We will also examine the history of confinement in the United States, with a special emphasis on the prison reform movement of the nineteenth century. Lastly, we will discuss criminal law and procedure roughly from the end of WWII to the present day.
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Episode Twenty- Nine: Crime & Punishment from the Early Colonial Period to the Present Day, Part II
The American Legal History Podcast
This is the second of three episodes on the history of criminal law and procedure in the United States. In this episode we will examine: the history of law enforcement, and specifically unformed police; the vigilante movement, and forms of criminal punishment in early colonial America.
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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...
info_outlineThis is the second of three episodes on the history of criminal law and procedure in the United States. In this episode we will examine: the history of law enforcement, and specifically unformed police; the vigilante movement, and forms of criminal punishment in early colonial America.