ASLH 1999 Annual Meeting
Toronto Ontario :: October 21-23, 1999
Thursday, October 21, 1999
Board of Directors Meeting
Friday, October 22, 1999
Complimentary Continental Breakfast
Session 1: 7:30 a.m. - 8:30 a.m.
Legal History, Legal Literature, and the Bibliographic Enterprise
Ann Fidler, Ohio University
"Morris Cohen's Bibliography of Early American Law and its Precursors"
David Warrington, Harvard Law School Library
"Practicalities of Legal Bibliographical Research"
Balour Halevy, Osgoode Hall Law School, York University
"'Not in Cohen': Classification and Accountability in the Poststructuralist Academy"
Daniel Cohen, Florida International University
Morris Cohen, Yale University Law School
Learning from Lincoln:
New Tools for Researching Local History
Michael Grossberg, Indiana University
John A. Lupton, Lincoln Legal Papers Springfield, IL
Daniel W. Stowell, Lincoln Legal Papers Springfield, IL
Andrew J. King, University of Maryland School of Law
Maeva Marcus, Documentary History of the Supreme Court of the United States
William J. Novak, University of Chicago
Session 2: 8:45 a.m. - 10:15 a.m.
The Idea of Equity in Income Tax: Continuity and Change
Daniel Ernst, Georgetown University Law Center
"Taxing the Rich in Twentieth-Century America: The Search for Balance between Growth and Equity"
W. Elliot Brownlee, University of California, Santa Barbara
"Designing a Paradigm: The 1948 Revenue Act, Horizontal Equity, Tax Reduction, and Joint Filing"
Dennis Ventry, University of California, Santa Barbara
"Religious Views of Tax Justice"
Carolyn C. Jones, University of Connecticut School of Law
Daniel Shaviro, New York University School of Law
The Warren Court and the Countermajoritarian Problem
Mark Tushnet, Georgetown University Law Center
"The Warren Court's 'Countermajoritarian' Decisions: The Birth of an Academic Obsession"
Barry Friedman, Vanderbilt University School of Law
"Neither Hero Nor Villain: The Supreme Court, Race, and the Constitution in the Twentieth Century"
Michael Klarman, University of Virginia School of Law
Mary L. Dudziak, University of Southern California Law School
Ideologies, Institutions, and State Formation in the Atlantic World
Mary Sarah Bilder, Boston College Law School
"Legitimation and Political Space under the Tudor and Stuart Crowns, c. 1550-1700"
Michael J. Braddick, University of Sheffield
"Negotiating the Empire, Protecting the State"
Elizabeth Mancke, University of Akron
"The Declaration of Independence and International Law"
David Armitage, Columbia University
Christopher Tomlins, American Bar Foundation
Radicals, Reformers, and the Rule of Law in the Early American Republic
and the Colonies of the Second British Empire, 1790-1830
Walter Walsh, University of Washington School of Law
"Migration, Radicalism, and State Security: Legislative Initiatives in the Canadas and the United States, c. 1794-1804"
Barry Wright, Carleton University School of Law
"The Rule of Law and Irish Whig Constitutionalism in Upper Canada: The Life and Influence of William Warren Baldwin"
John McLaren, University of Victoria School of Law
"Rhetoric, Reason, and the Rule of Law in Early Colonial New South Wales"
Ian Holloway, The Australian National University School of Law
The State of the Evidence in Early English Literature:
Conventional Historiography and the Emergence of New Perspectives
"Margery Kempe and the Voice of the Law"
Mark Amsler, University of Delaware
"Civil Death in Venice and Belmont: Shakespeare's Trial of Contract"
Elizabeth Fowler, Yale University
"The Lover as Lawyer in Chaucer's Knight's Tale"
Richard Firth Green, University of Western Ontario
Session 3: 10:30 a.m. - 12 p.m.
Law and Justice on the Frontier
Kermit Hall, North Carolina State University
"Law in the Mining Camps of California"
Martin Ridge, Huntington Library
"Images of Law and Order in the Legal Culture of the Kootenays, 1870-1914"
Louis Knafla, University of Calgary
"Crime, Violence, and the Fiction of Order in British Columbia's Peace River Country, 1930-1950"
Jonathan Swainger, University of Northern British Columbia
John Philip Reid, New York University Law School
Christopher English, Memorial University of Newfoundland
Law and Politics in Early Modern France
James Gordley, University of California, Berkeley School of Law
"Legislation in Early Modern France: A Judicial Formula for National Sovereignty"
Sarah Hanley, University of Iowa
"The Constitution and the Nation in Old Regime France"
David Bell, Johns Hopkins University
Keith Baker, Stanford University
Donald R. Kelley, Rutgers University
Cases in Point: Using Microhistories in the Writing of British Legal History, c. 1740-1864
John Beattie, University of Toronto
"The Cruel Mistress: Elizabeth Branch and Representations of the Murderous Mistress in Eighteenth-Century England"
Amy Masciola, University of Maryland
"The Metropolitan 'Monster': Renwick Williams"
Greg Smith, University of Toronto
"The 'Unwritten Law' in Nineteenth-Century England: The Trials of Annette Meyers and George Hall"
Martin Wiener, Rice University
Cynthia Herrup, Duke University
The Marriage Contract in Nineteenth-Century England and the United States
Hendrik Hartog, Princeton University
"Nineteenth Century Incompatibility Statutes and the Expectations Of Marriage"
Naomi Cahn, George Washington University Law School
"Contracts in Conflict: The Economic Obligations of Marriage in the Nineteenth -Century South"
Emily Field Van Tassel, Case Western Reserve University
"Wifely Behavior: Charlotte Fixel and the Demise of Common Law Marriage in New York State"
Ariela Dubler, Yale University
"Uncovering Extra-Legal Marriage in Nineteenth-Century America: Public Policy, the Pension System and the Regulation Of the Family"
Beverly Schwartzberg, University of California, Santa Barbara
Richard Chused, Georgetown University Law Center
Roundtable Discussion on Liberalism
Daniel T. Rodgers, Princeton University
Robert Gordon, Yale Law School
Duncan Kennedy, Harvard Law School
Dorothy Ross, Johns Hopkins University
Comment: The Audience
Session 4: 1:30 p.m. - 3:00 p.m.
The Idea of Natural Rights
"The Idea of Natural Rights"
Charles Donahue, Harvard University Law School
"The Idea of Natural Rights"
Kenneth Pennington, Syracuse University
Brian Tierney, Cornell University
Colonial and Early Republican Latin American Law
Jonathan Miller, Southwestern University School of Law
"The Social History of Family Law in Colonial New Granada"
Victor Uribe, Florida International University
"Legal Foundations of the Uruguayan State: Jurisdictional Politics, 1830-1875"
Lauren Benton, Federated History Dept., NJIT and Rutgers University, Newark
"Borrowing Private Law in Nineteenth-Century Latin America"
Matthew C. Mirow, South Texas College of Law
Susan Scafidi, Southern Methodist University
Negotiating Legal Cultures and Legal Identities in Quebec, 1760-1930
Brian Young, McGill University
"Changes in the Penal Law of Quebec Across and After the Conquest"
Donald Fyson, Universite de Laval
"Regulating Public Space in Early Nineteenth-Century Montreal: Vagrancy Laws and Gender in a Colonial Context"
Mary Anne Poutanen, Montreal History Group
"Rethinking Marriage, Property, and Cultural Identities in Nineteenth-Century Quebec"
Bettina Bradbury, York University
"Gender and the Practice of Juvenile Justice in Quebec: Influences and Orientation"
Tamara Myers, University of Winnipeg
Nicholas Kasirer, McGill University
The Holmes Devise
Stanley N. Katz, Princeton University
G. Edward White, University of Virginia Law School
Morton J. Horwitz, Harvard Law School
William M. Wiecek, Syracuse University College of Law
John Semonche, University of North Carolina
Sanford Levinson, University of Texas School of Law
Legal Contestation, Political Order, and Republican Rhetoric
from the Revolution Through Reconstruction in the United States
Ariela Gross, University of Southern California School of Law
"(Dis)order in the Court: Trial Scenes in Mid-Nineteenth-Century American Art"
Kerry A. Morgan, Stanford University
"Bodies, Violence, and Citizenship in the Post-Revolutionary U.S. South"
Laura Edwards, University of California, Los Angeles
"Slew v. Whipple and the Pursuit of Freedom in Massachusetts' Revolutionary Courtrooms"
Emily Blanck, Emory University
Comment: Ariela Gross
Session 5: 3:15 p.m. - 4:45 p.m.
Law and Theology in the New Testament
Bernadette Brooten, Brandeis University
"Jesus and the Law: Steps Towards a Theoretical Approach"
Alan Watson, University of Georgia School of Law
"Law, Religion, and the Decalogue"
Calum Carmichael, Cornell University
Geoffrey Miller, New York University Law School
The Nineteenth Amendment and Constitutional Historiography
William Forbath, University of Texas School of Law
"The Nineteenth Amendment and Questions of Constitutional Interpretation"
Reva Siegel, Yale Law School
"Marriage and Women's Citizenship after the Nineteenth Amendment"
Gretchen Ritter, University of Texas at Austin
Frank Michelman, Harvard University School of Law
Law and Political Economy in England, c.1688-1832
Timothy Harris, Brown University
"Law and Political Economy in the Era of the Glorious Revolution"
Steven Pincus, University of Chicago
"Economy and Polity in Bentham's Science of Legislation"
David Lieberman, University of California, Berkeley
Wilfred Prest, University of Adelaide, Australia
Segregation Between Plessy v. Ferguson and Brown v. Board of Education
Howard Gillman, University of Southern California
"Plessy vs. Lochner: The Berea College Case"
David Bernstein, George Mason University School of Law
"Beyond Plessy: Race, Status, and Space in the Era of Jim Crow"
Barbara Welke, University of Minnesota
"Rock'n' Segregation: Popular Culture, the Supreme Court, and the Fall of Segregation"
Christopher Waldrep, Eastern Illinois University
Melvin Urofsky, Virginia Commonwealth University
Darlene Clark Hine, Michigan State University
Positivism, Pluralism, and the Administrative State in Post-War America
Hugh Baxter, Boston University Law School
"Legal Positivism and Legal Process"
Anthony J. Sebok, Brooklyn Law School
"The Bridges of Madison's Country: Pluralism and Process in Post-War Legal Thought"
Carl Landauer, Charles Schwab & Co.
"Enlarging the Administrative Polity: Administrative Law and the Changing Definition of Pluralism, 1945-1970"
Reuel Schiller, University of California
Saturday, October 23, 1999
Complimentary Continental Breakfast
Session 1: 7:15 a.m. - 8:15 a.m.
Contesting Legal Definitions in Canadian History
Carolyn Strange, Centre of Criminology, University of Toronto
"Beyond the Insanity Defense: Defining Criminal Responsibility in Canadian Law, 1920-1950"
Kimberley White-Mair, Centre of Criminology, University of Toronto
"Constituting the 'Indian': Law, Liquor, and Culture in British Columbia, 1876-1900"
Renisa Mawani, Centre of Criminology, University of Toronto
"Winning Deviant Youth Over by Friendly Helpfulness': Transformations in the Legal Governance of Deviant Children, 1857-1908"
Bryna Hogeveen, Centre of Criminology, University of Toronto
Primary Sources for Legal Research:
Overlooked Records in the National Archives
Meg Hacker, National Archives-Southwest Region
"Bass Reeves: United States Deputy Marshall"
Hon. Paul Brady
"The Right to Vote: The Enforcement Acts and Southern Courts"
Barbara Butler Rust, National Archives-Southwest Region
Clarence Lyons, National Archives and Records Administration
Session 2: 8:30 a.m. - 10:00 a.m.
Critical Race Theory
Kenneth W. Mack, Harvard Law School
"'The Most Valuable Sort of Property': Constructing White Identity in American Law"
J. O. Allen Douglas, Jr., Rutgers University
"Scholarly Treatments of Loving v. Virginia"
Adrienne D. Davis, Washington College of Law
"'A Certain Blind Spot': The Indian, New Deal, and Pluralism"
Dalia Tsuk, Yale University
Kendall Thomas, Columbiaiversity Law School
The Public Context of Criminal Law
Thomas A.Green, University of Michigan Law School
"The Rhetoric of British Justice in Colonial Reform Movements, 1815-1841"
Jerry Bannister, University of Toronto
"'Chaffanbrass' for the Defence?" Advocacy on Trial, 1836-1860"
Allyson May, Independent Scholar
"Re-Conceiving 'Public' Execution in Mid-Victorian England"
Simon Devereaux, University of British Columbia, Green College
Thomas A. Green
The Contexts of Constitutional Law:
Family, Race, and the State
David E. Kyvig, Northern Illinois University
"Family and Constitution in Continental Settlement"
Mark Brandon, University of Michigan
"Written Constitutions, Racial Constitutions, and Constitutional Permanence in Nineteenth-Century America"
Michael Vorenberg, Brown University
"Law, Autonomy and the Relational Self: A Comparative Approach to Constitutional Protection"
Jennifer Nedelsky, University of Toronto
David E. Kyvig
Inside the Black Box:
The Law of Intracorporate Relations
Tony Freyer, University of Alabama School of Law
"Owning Ideas and Owning Employees: The Nineteenth Century Development of Trade Secrets and Covenants Not to Compete And the Rise of Corporate Management of Intellectual Property"
Catherine Fisk, Loyola Law School
"A Quiet Revolution: The Declining Power of the Small Shareholder in the Nineteenth Century"
Colleen Dunlavy, University of Wisconsin
Judges and Lawyers in Late Medieval England
Sue Sheridan Walker, Northeastern Illinois University
"Judge Made Law"
Robert Palmer, University of Houston School of Law
"The Ambidextrous Lawyer: Conflict of Interest and the Medieval and Early Modern Legal Profession"
Jonathan Rose, Arizona State University School of Law
Richard Helmholz, University of Chicago Law School
Session 3: 10:15 a.m. - 11:45 a.m.
Labor Law and the Rise and Fall of Collective Bargaining in Postwar Canada
Harry Arthurs, York University
"Pluralism or Segmentation? The Legal Regulation of Employment Relations in Canada, 1945-1999"
Judy Fudge, York University
Eric Tucker, York University
"Two Labor Regimes: A Comparative Analysis of the Origins, Development, and Divergence of the Canadian and American Labor Relations Systems, 1935-1995"
Laurel Sefton MacDowell, University of Toronto
"Why are Canada's Labor Laws More Favorable to Unions?; Or, Not-So-Small Differences that Matter a Great Deal"
John Logan, London School of Economics and Poltical Science
Roy Adams, McMaster University
Harry Glasbeek, York University
Historiographic Issues in Legal and Intellectual History
James T. Kloppenberg, Brandeis University
"Theories of History and the History of Free Speech"
David Rabban, University of Texas School of Law
"Second Thoughts on Causation in History"
Thomas Haskell, Rice University
James T. Kloppenberg
Lawyers, Politics, and Culture in Historical Perspective
Chris Brooks, Durham University
"English Legal Culture and Governance, 1689-1832: The Failure of Common Law and Lawyers"
David Lemmings, University of Newcastle
"Together We Fall, Divided We Stand": The Management of Conflict With the Law Institute of Victoria, 1890-1946
Rob McQueen, La Trobe University
"Lawyers, Politics, and Culture in Nineteenth Century England"
Wes Pue, University of British Columbia School of Law
"Politics, Culture, and the History of Legal Professions"
David Sugarman, Lancaster University,
Law and Aboriginal Rights
Stuart Banner, Washington University School of Law
"Judging Aboriginal Rights and Obligations: Law and Resistance in the Supreme Court of New South Wales during the Colonial Period"
Bruce Kercher, Macquarie University School of Law
"Australian Land, Aboriginal Personhood? Competing Concepts of Property in Colonial New South Wales"
Andrew Buck, University of Newcastle
"Mid-Nineteenth Century Reform of the Law of Evidence and Aboriginal Witnesses in Colonial Australia"
Nancy Wright, University of Newcastle
Persuasion and Formal Justice in Ancient Law
Edward Harris, Brooklyn College
"Professional and Amateur Speech in the Athenian Courts"
Victor Bers, Yale University
"Aristotle on Procedural Justice in Athenian Courts"
Bruce Frier, University of Michigan
"Cicero's Advocacy and the Canadian Heresay Rule"
Alex Kurke, Thorneloe College of Laurentian University
"The Court on the Hill: Areopagos and the Classical Athenian Legal System"
Adriaan Lani, University of Michigan and Yale Law School
"Witnesses in Athenian Courts"
David Mirhady, University of Calgary
Session 4: 2:00 p.m. - 3:30 p.m.
Sexuality and the Law in the United States and Canada
Mary Louise Adams, Queen's University
Papers: "Obscenity Law and the Regulation of Sexual Representations in Ontario"
Bruce Ryder, York University
"Courting Respectability in the Sexual Revolution, 1965-1973"
Marc Stein, York University
"Age of Consent Laws and the Re-regulation of Homosexuality"
Kate Sutherland, York University
"Regulating Sexual Offences in British Columbia, 1885-1940"
Dorothy Chunn, Simon Fraser University
Mary Louise Adams
Law and Dangerous Stuff
Lawrence Friedman, Stanford Law School
"Legal Control of Liquor in the United States before National Prohibition, 1776-1920"
Richard Hamm, University at Albany
"Devices and Desires: Contraceptives in the Age of Comstock"
Andrea Tone, Georgia Institute of Technology
"The Regulation of Firearms, 1865-1939"
Michael Bellesisles, Emory University
Afro Latinas/os and Racial Formation
Gilbert Holmes, Texas Wesleyan University School of Law
"Race, Racism, and Racial Categories in Cuba"
Tanya K. Hernandez, St. John's University School of Law
"Toward a Genealogy of the Legal Construction of Race in Puerto Rico"
Charles R. Venator Santiago, University of Massachusetts, Amherst
"Afro-Mexicans and the Construction of 'Mexicans'"
Taunya Lovell Banks, University of Maryland School of Law
Kevin R. Johnson, University of California at Davis School of Law
Robert J. Cottrol, George Washington University Law School
Lochnerism Redux: World War I and the Taft Court
Sandra Van Burkleo, Wayne State University
Robert Post, University of California, Berkeley, School of Law
"125 Years after Slaughterhouse: Where's the Beef?"
Jonathan Lurie, Rutgers University
Sandra Van Burkleo
Barry Cushman, University of Virginia Law School
Law and Justice in England: A Tribute to John Beattie
James Oldham, Georgetown University Law Center
"Press Gangs Make Better Magistrates than the Middlesex Justices': Young Offenders, Press Gangs, and Prosecution Strategies in Eighteenth- and Early-Nineteenth-Century England"
Peter King, Nene College
"The Trading Justice"
Norma Landau, University of California, Davis
"Religion and the Law: Evidence and Proof in 'Matter of Fact' 1660-1700"
Barbara Shapiro, University of California, Berkeley
"Forgery and the Making of the 'Bloody Code' in Eighteenth-Century England"
Randall McGowen, University of Oregon
"Apprenticeships and the Origins of the First Factory Act"
Joanna Innes, Somerville College
Nicholas Rogers, York University
Donna Andrew, University of Guelph
Session 5: 3:45 p.m. - 5:15 p.m.
New Perspectives on the Founding:
Sovereignty, Judicial Review, and the Extended Republic
Lance Banning, University of Kentucky
"The Transformation of Federalism in the Early Republic"
Larry Kramer, New York University Law School
"Sovereign Ambiguities: Aspects of Federalism at the Founding"
Martin Flaherty, Fordham Law School
"The Original Understanding of Judicial Review"
William Michael Treanor, Fordham Law School
Joanne Freeman, Yale University
A Discussion of Insurance as a Site of Historical Inquiry
Tom Baker, University of Connecticut School of Law
"Life Insurance as a Window onto Cultural History"
Geoffrey Clark, Emory University
"Legislating Futurity: Mandatory Rural Fire Insurance in Late Imperial Russia"
Cathy Frierson, University of New Hampshire
"Insurance and the Utopian Idea"
Carol Weisbrod, University of Connecticut School of Law
The Poor Laws in Historical Perspective
David Seipp, Boston University School of Law
"The Enforcement of Medieval Poor Laws"
Elaine Clark, University of Michigan, Dearborn
"Jurisdictional Variations in the Propensity to Regulate Begging in the Modern United States"
Patricia Smith, University of Michigan, Dearborn
James W. Ely, Jr., Vanderbilt Law School
Politics, Theory, and Taxation: 1895-1929
Reuven Avi-Yonah, Harvard Law School
"To Tax Income 'From Whatever Source Derived' According to 'The Ability to Pay': Building a National Consensus for a Progressive Income Tax, 1895-1913"
John D. Buenker. University of Wisconsin, Parkside
"Sources and Uses: An Intellectual History of the 1913 Income Tax Law"
Ann F. Thomas, New York Law School
"A Map of Society: The Structure of Income in Anglo-American Tax Legislation"
Assaf Likhovski, Tel Aviv University School of Law