Legitimized Violent Slave Abuse in the American South, 1619-1865: A Case Study of Law and Social Change in Six Southern States (A Fede – Am. J. Legal Hist., 1985 – HeinOnline) The nineteenth-century criminal law of slavery includes statutes and cases that appeared to protect slaves from violent white abuse. But the law actually had a” legitimizing” purpose and effect; the lawmakers of Virginia, South Carolina, North Carolina, Georgia, Mississippi, etc.
Legal protection for slave buyers in the US South: A caveat concerning Caveat Emptor (A Fede – Am. J. Legal Hist., 1987 – HeinOnline) The doctrine of caveat emptor-let the buyer beware-achieved its” real triumph” in the sales law of the antebellum United States, according to Walton Hamilton’s seminal article on the history of that ancient maxim.’Hamilton’s interpretation is only half correct.
[BOOK] People Without Rights (Routledge Revivals): An Interpretation of the Fundamentals of the Law of Slavery in the US South (A Fede – 2012 – taylorfrancis.com) THE INTERPRETATION of slavery in the United States has too often been fueled by passion and fire instead of cool reflection. Slave masters justified their” peculiar institution” with racism and paternalism, and abolitionists condemned slavery by citing examples.
Toward a Solution of the Slave Law Dilemma: A Critique of Tushnet’s ‘The American Law of Slavery’ (A Fede – Law and History Review, 1984 – cambridge.org) Despite the recent rebirth of scholarly interest in the law of slavery, Kenneth Stampp’s The Peculiar Institution contains the best twentieth century overview of the internal law of slavery in the antebellum South.
Gender in the Law of Slavery in the Antebellum United States (AT Fede – Cardozo L. Rev., 1996 – HeinOnline) Race, Gender, and the Institution of Property, 1 Cheryl I. Harris explores the connections between slavery, race, and gender in the law of the antebellum United States. Harris acknowledges that slaves alone were defined as property at law.
[BOOK] Roadblocks to Freedom: Slavery and Manumission in the United States South (A Fede – 2012 – books.google.com) This well-researched book by Andrew Fede considers the law of freedom suits and manumission from the point-of-view of legal procedure, evidence rules, damage awards, and trial practice in addition to the abstract principles stated in the appellate decisions.
[CITATION] The Bondsman’s Burden: An Economic Analysis of the Common Law of Southern Slavery (AT Fede – 1998 – academic.oup.com) 434 THE AMERICAN JOURNAL OF LEGAL HISTORY Vol. XLII that the judges balanced slave owner property interests against the public interest in slave control is buttressed by consideration of the judicial and legislative social and political class bias in favor of slaves.
[CITATION] Southern Slavery and the Law, 1619–1860 (AT Fede – 1997 – academic.oup.com) Thomas D. Morris has written an encyclopedic study of the law of slavery that is less theoretical than the interpretative books on Southern slave law published by Mark Tushnet in 1981 and by this reviewer in 1992.
Lea VanderVelde. Redemption Songs: Suing for Freedom before Dred Scott (AT Fede – 2015 – academic.oup.com [August 2014]: 575–604). VanderVelde divides these freedom suits into four categories: people claiming that they could not be enslaved because of their Native American ancestry; free African Americans claiming they were mistakenly enslaved.
Sign and Billboard Law (AT Fede – archerlaw.com) Hijacking the First Amendment or Balancing Freedom of Expression and Government Control? by Andrew T. Fede property owners and advertisers have won recent free speech challenges to sign and billboard regulations.
[PDF] Not the Most Insignificant Justice: Reconsidering Justice Gabriel Duvall’s Slavery Law Opinions Favoring Liberty (AT Fede – Journal of Supreme Court History, 2017 – archerlaw.com) Joseph Story and Gabriel Duvall began their careers as Supreme Court Justices on the same day in February 1812, but the reputations of these nominees of President James Madison diverged widely. Story is ranked among the Court’s leading Justices.
[CITATION] New Jersey and the Fiscal Origins of Modern Corporation Law (AT Fede – 1994 – academic.oup.com) Christopher Grandy, an economics professor, traces the rise and fall of New Jersey’s “chartermongering” strategy, which attracted big businesses to incorporate in the Garden State” by a combination of low taxes and easy law.”
Judging Against the Grain? Reading Mississippi Supreme Court Judge Joshua G. Clarke’s Views on Slavery Law in Context [pp. 11-29] (Andrew T. Fede)
Supreme Injustice: Slavery in the Nation’s Highest Court by Paul Finkelman (review) [pp. 351-353] (Andrew T. Fede)