Friday, Session 1A: 8:45am-10:15am
Criminal Law in Italy,
Ancient and Medieval
Chair: Bruce Frier, Department of Classics
University of Michigan
Paper 1: "When Did the Romans Invent
Homicide?"
Andrew Riggsby, Department of History
University of Texas
Paper 2: "Criminal Law in Medieval
Bologna: A Lasting Pattern"
Sarah Blanshei
Agnes Scott College
Comment: Laura Stern, Department of
History
University of North Texas
Friday, Session 3A: 2:00pm-3:30pm
Before
and Beside the Common Law
Chair: Cynthia Neville, Department of
History
Dalhousie University
Paper 1: "A Common Law Mentality in
Anglo-Saxon England"
Bruce O'Brien, Department of History &
American Studies
Mary Washington College
Paper 2: "Law as Theatre in Early Medieval
Ireland"
Robin Stacey, Department of History
University of Washington
Paper 3:"Was Norman Law Common Law?"
Emily Z. Tabuteau, Department of History
Michigan State University
Comment: Chair
Saturday, Session 2A: 10:30am-noon
Confidentiality and the Canon Law
Chair: Charles Donahue
Harvard Law School
Paper 1: "Keeping the Client's Secrets: An
Ethical Obligation of Medieval Advocates"
James A. Brundage, Department of History
University of Kansas
Paper 2: "The Privacy of Inward Spiritual
Experience: The Case of Joan of Arc in the Nullification Trial, 1455-1456"
Blair D. Newcomb
(University of Richmond)
Comment: Robert C. Figueira, Department of
History
Lander University
Saturday, Session 3A: 1:15pm-2:45pm
Truth, Justice, and the Carolingian Way:
Courts and the Articulation of
Power in Early Medieval Europe
Chair: Thomas Francis Head, Department of
History
Hunter College
Paper 1: ""Why Go to a Court?
Self-interest and the Courts in Early Carolingian Bavaria"
Warren Brown, Division of Humanities and
Social Sciences
California Institute of Technology
Paper 2: "What Was Supposed to be True in
a Carolingian Oath?"
Geoffrey Koziol, Department of History
University of California, Berkeley
Comment: Adam J. Kosto, Department of
History
Columbia University
Friday, Session 1B: 8:45am-10:15am
Land
Expropriation and Proof of Possession
Chair: Steven Wilf
University of Connecticut Law School
Paper 1: "Translating Property: Mexican
Land Grants and the Contest over Land in the American West"
Maria Montoya, Department of History
University of Michigan
Paper 2:"Land Expropriation in Northern
Mexico, 1856-1910"
Fredrich Katz, Department of History
University of Chicago
Paper 3: "The Transformation of Legal
Geography in an Ethnocentric State: The Making of the Israeli Land Regime,
1948-1970"
Alexandre (Sandy) Kedar, Faculty of Law
Haifa University
Comment: Carol Rose
Yale Law School
Gregory S. Alexander
Cornell Law School
Friday, Session 4B: 3:45pm-5:15pm
The
Common Law in the British Empire
Chair: Martin J. Wiener, Department of
History
Rice University
Paper 1: "`A Moral Conquest More
Striking': Law, Custom and Codification in Mid-Nineteeth Century British India"
Sandra M. den Otter, Department of History
Queen's University
Paper 2: "Ruling Strangers: Common Law and
the Development of Colonial Criminal Justice in the British Mediterranean"
Thomas W. Gallant, Department of History
University of Florida
Paper 3: "Law and Sexuality in the British
Empire"
Phillippa Levine, Department of History
University of Southern California
Comment: Peter Karsten, Department of
History
University of Pittsburgh
Saturday, Session 3B: 1:15pm-2:45pm
Historical Perspectives on the Death Penalty--England and America
Chair: Thomas A. Green
University of Michigan Law School
Paper 1: "Making the `Bloody Code':
Forgery Legislation in Eighteenth- Century England"
Randall McGowen, Department of History
University of Oregon
Paper 2: "Origins and Consequences of the
Electric Chair and the Gas Chamber"
Stuart Banner
Washington University School of Law
Comment: James Oldham
Georgetown University Law Center
Michael Meranze, Deparment of History
University of California, San Diego
Saturday, Session 2B: 10:30am-noon
Mind in the Dock: Responsibility in Nineteenth-Century English
Law
Chair: Susanna Blumenthal
University of Michigan Law School
Paper 1: "Crime and Culpability: Victorian
Approaches to Criminal Agency"
Joel Eigen, Department of Sociology
Franklin & Marshall College
Paper 2: "Making Medicine Legal:
Credibility and Display in the Nineteenth-Century English Courtroom"
John Carson, Department of History
University of Michigan
Comment: Dana Rabin
(University of Illinois)
Allyson May
(Independent Scholar)
Saturday, Session 4B: 3:00pm-4:30pm
Crime, Violence and the Law in England
Chair: David Sugarman, Department of Law
Lancaster University
Paper 1: "One Strike and You're Out: The
Impact of the Black Act on Armed Crime in England"
Joyce Malcolm, Department of History
Bentley College
Paper 2: "The Shadow of the Gallows:
Murder, the Death Penalty, and the Long Road to Abolition in Post-War England,
1945-65"
Victor Bailey
(University of Kansas)
Comment: Greg Smith, Centre of Criminology
University of Toronto
David Lieberman
University of California, Berkeley, School of Law
Saturday, Session 3D: 1:15pm-2:45pm
The Bill of Rights and the Uses of History
Chair: Sandra F. VanBurkleo, Department of
History
Wayne State University
Paper 1: "The Confounding of Natural
Rights and the American Bill of Rights"
Donald Lutz, Department of Political
Science
University of Houston
Paper 2: ""Law Professors Doing History
and History Professors Doing Law"
Akil Amar
Yale Law School
Comment: Michael Les Benedict, Department
of History
Ohio State University
Kermit Hall
North Carolina State University
Friday, Session 4D: 3:45pm-5:15pm
The Genealogy of Inequality
Chair: Stanley N. Katz, Woodrow Wilson
School of Public and International Affairs
Princeton University
Paper 1: "The Long Lingering Shadow: Law,
Liberalism, and Cultures of Racial Hierarchy and Identity in the Americas"
Robert Cottrol
George Washington Univ. Law School
Paper 2: "Civil Rights, Progress
Narratives and the Production of `Good Blacks' in the Immediate Post-Bellum
South"
Katherine Franke
Fordham University Law School
Paper 3: "The Asymmetrical Obligations of
Citizenship"
Linda K. Kerber, Department of History
University of Iowa
Comment: Reva Siegel
Yale Law School
Friday, Session 1D: 8:45am-10:15am
The Constitutional Significance of American
Expansion
Chair: Alex Aleinikoff
Georgetown University Law Center
Paper 1: "Getting from 11 to 50 (plus
Puerto Rico): Integrating American Expansionism into the Canon of Constitutional
History"
Sanford Levinson
University of Texas Law School
Paper 2: "Making the Same Mistake Twice:
The Doctrine of Territorial Incorporation as a Constitutional Theory of
Secession"
Christina Burnett
(University of Oklahoma College of Law)
Comment: Melvin Urofsky, Center for Public
Policy
Virginia Commonwealth University
Friday, Session 2D: 10:30am-noon
Karl Llewellyn Reconsidered
Chair: N.E.H. Hull, Rutgers-Camden Law
school
Paper 1: "Karl Llewellyn on Family Law"
Hendrik Hartog, Department of History
Princeton University
Paper 2:" "Karl Llewellyn on
Constitutional Law"
John Harrison
University of Virginia Law School
Comment: Mary Anne Case
University of Chicago Law School
John Henry Schlegel
SUNY Buffalo Law School
Saturday, Session 1C: 8:45am-10:15am
After the New Deal:
Liberal Lawyers, Labor and the State
Chair: Victoria Saker Woeste
American Bar Foundation
Paper 1: "The Ideal and the Actual in the
State: Willard Hurst at the Bureau of Economic Warfare"
Daniel R. Ernst
Georgetown University Law Center
Paper 2: "Joseph L. Rauh, Jr.: The Old New
Dealer and the Union Democracy Movement"
Michael E. Parrish, Department of History
University of California, San Diego
Comment: Nelson Lichtenstein, Department
of History
University of Virginia
Randall Hall
Katherine Stone
Cornell Law School
Friday, Session 2C: 10:30am-noon
Law, Religion, and Gendered Systems of
Social Authority:
Case Studies from Colonial and Antebellum America
Chair: Cornelia Dayton, Department of
History
University of Connecticut
Paper 1: "Dangerous Conversations:
Blasphemy in Seventeenth-Century Massachusetts"
Kristin Olbertson, Department of History
University of Michigan
Paper 2: "An Informal Court of Public
Opinion: Gendered Justice in Antebellum South Carolina"
Elizabeth Dale, Department of History
University of Florida
Comment: Bruce Mann
University of Pennsylvania Law School
Sharon Block, Department of History
University of California, Irvine
Saturday, Session 1D: 8:45am-10:15am
Natural Law Thought in British North America
Chair: Philip Hamburger
University of Chicago Law School
Paper 1: "Conscience and Law in the Middle
Colonies"
Greg Roeber, Department of History
Pennsylvania State University
Paper 2: "Thomas Jefferson and the Natural
Law Tradition"
David Konig, History Department
Washington University
Paper 3: "The Influence of Natural Law on
Early America Political and Legal Culture"
Craig Yirush
(Johns Hopkins University)
Comment: Anthony Pagden, Department of
History
Johns Hopkins University
Friday, Session 4A: 3:45pm-5:15pm
The Economic Analysis of Legal History
Chair: Geoffrey P. Miller
New York University Law School
Paper 1: "Drifting Apart? Legal History,
Economic History, Law & Economic Analysis"
Ron Harris, Faculty of Law
Tel Aviv University
Paper 2: "The Selection of
Thirteenth-Century Criminal Disputes for Litigation"
Daniel Klerman
University of Southern California Law School
Paper 3: ""The Bondsman's Burden"
Jenny Wahl, Department of Economics
Carleton College
Comment: William W. Fisher, III
Harvard Law School
Friday, Session 2B: 10:30am-noon
Canada and Australia:
Sister Colonies with (Somewhat)
Divergent Legal Histories
Chair: Ian Holloway, Faculty of Law
University of Western Ontario
Paper 1: "Storied Executions: The Last Men
Executed in Australia and Canada"
Carolyn Strange, Centre of Criminology
University of Toronto
Paper 2: "Law for the Beaver, Law for the
Kangaroo: Inscribing Britishness in Canada and Australia"
W. Wesley Pue
University of British Columbia School of Law
Paper 3: "Women's Legal History in Canada
and Australia: A Case for Comparison"
Constance Backhouse
University of Ottawa School of Law
Comment: CHAIR
Friday, Session 3B: 2:00pm-3:30pm
Law and Society in Imperial Russia
Chair: William G. Wagner, Department of
History
Williams College
Paper 1: "The Elaboration of Rules of
Practice and the Professionalization Project: Lawyers in Late Imperial Russia"
Susan Zayer Rupp, Department of History
Wake Forest University
Paper 2: "How Much Crime is Enough?
Criminology in Late Imperial Russia"
Z. Ronald Bialkowski
(University of California, Berkeley)
Paper 3: "The Response of Russian Society
to the Basic Principles of 1862: The Zamechaniia of 1862 and Public
Opinion"
Cheri C. Wilson, Department of History
Loyola College
Comment: CHAIR
Saturday, Session 1B: 8:45am-10:15am
Learning About Culture Through Law in the
South Atlantic
Chair: Lawrence Rosen, Department of
Anthropology
Princeton University
Paper 1: "Republicanism Through Law: Juan
Bautista Alberdi and Argentina"
Jeremy Adelman, Department of History
Princeton University
Paper 2: "Barbarous Raiding and Civilized
Ransom: Cultural Lessons from Captive Rescue in the South Atlantic"
Lauren Benton, Federated History
Department
NJIT and Rutgers University--Newark
Paper 3: Which Law and Culture?: Christian
Colonialism and Afromestizo Cultural in Colonial Mexico
Herman L. Bennett, Department of History
Rutgers University
Comment: CHAIR
Saturday, Session 4A: 3:00pm-4:30pm
Roundtable on Legal Formalism:
Comparative Historical Perspectives
Chair: Stanley L. Paulson
Washington University School of Law
Discussants: Christoph Schonberger
University of Frankfurt
Patrick J. Kelley
Southern Illinois University School of Law
Alexander Somek
University of Vienna
CHAIR
Saturday, Session 1A: 8:45am-10:15am
Law, Learning, and Judgment in Early
Stuart England:
Reading Measure for Measure
Chair: Allen D. Boyer
New York Stock Exchange, Enforcements Division
Paper 1: "Law and Equity in Measure for
Measure and in the Debates of James I, his Parliaments, and Edward Coke"
Louise Halper
Washington and Lee University School of Law
Paper 2: "Family Law as Prenuptial
Negotiation"
Catherine McCauliff
Seton Hall University School of Law
Paper 3: "Measured Judgments? Histories,
Pedagogies, and the Possibility of Equity"
Penny Pether
(Washington College of Law, American University)
Comment: David Millon
Washington Lee School of Law
Saturday, Session Early Morning A:
7:30am-8:30am
Ideas and Institutions in Israeli Law
Chair: Eben Moglen
Columbia University School of Law
Paper 1: "Awakening a Sleeping Beauty: 52
Years of Israeli Constitutional Revolution"
Shulamit Almog and Ariel L. Bendor,
Faculty of Law
Haifa University
Paper 2: "Debt Forgiveness in the Jewish
Tradition and Modern Day Israel"
Rafi Efrat, Department of Business Law
California State University, Northridge
Comment: CHAIR
Friday, Session Early Morning B:
7:30am-8:30am
Legal Cultures of Colonialism and Nationalism
Chair: Brian Owensby, Department of
History
University of Virginia
Paper 1: ""Colonial Rule in India and the
Imperial Discourse of Justice: The Prosecutorial Speeches of Edmund Burke in the
Impeachment Trial of Warren Hastings"
Mithi Mukherjee
(University of Chicago)
Paper 2: "Andres Bello's Footnotes: The
Formation of the Nation-State and International Law in Nineteenth-Century Latin
America"
Liliana Obregon
(Harvard Law School)
Comment: CHAIR
Friday, Session Early Morning A:
7:30am-8:30am
Family Law in the Ancient World
Chair: Edward Harris, Department of
Classics
Brooklyn College
Paper 1: ""The Enslavement of Freeborn
Children in the Roman Empire"
Judith Evans Grubbs, Department of
Classical Studies
Sweet Briar College
Paper 2: "Paternal Control of the Family
in the Roman Empire"
Eva Cantarella
New York University Law School
Comment: CHAIR
Friday, Session 4C: 3:45pm-5:15pm
Intellectual Biography and Intellectual
History:
The Example of Gilded Age Legal Thought
Chair: William P. LaPiana
New York Law School
Paper 1: "The Three Tenors of Classical
Legal Thought: Joel Bishop, Francis Wharton, and John Chipman Gray"
Stephen A. Siegel
DePaul University College of Law
Paper 2: "What the Separation of Church
and State Misses: Justice Brewer and the Bible"
Linda Przybyszewski, Department of History
University of Cincinnati
Paper 3: "James Coolidge Carter and
Mugwump Jurisprudence"
Lewis A. Grossman
Washington College of Law, American University
Comment: Thomas C. Grey
Stanford Law School
Saturday, Session 2D: 10:30am-noon
Money, Contract, and Capitalism in Early
America
Chair: Harry N. Scheiber
University of California, Berkeley, School of Law
Paper 1: "Currency Policies and Legal
Development in Colonial New England"
Claire Priest
(Yale University)
Paper 2: "Constituting Capitalism: From
Political Economy to the Law of the Market"
Christine Desan
Harvard Law School
Comment: Christopher L. Tomlins
American Bar Foundation
Sean Wilentz, Department of History
Princeton University
Saturday, Session 4D: 3:00pm-4:30pm
Constructing Postwar Rights in World War II
America
Chair: Mary L. Dudziak
University of Southern California Law School
Paper 1: "Equal Pay for Democracy: Race,
Gender, and Rights in World War II"
Eileen Boris
University of Virginia
Paper 2: "The Four Freedoms, the Atlantic
Charter, and the Reinvigoration of U.S. Rights Discourse, 1941-1946"
Elizabeth Kopelman Borgwardt
(Stanford University)
Paper 3: "The Making of Post-War Civil
Rights: The Thirteenth Amendment, Racial Equality, and Labor Rights in World War
II"
Risa Goluboff
(Princeton University)
Comment: William E. Forbath
University of Texas Law School
Friday, Session 3C: 2:00pm-3:30pm
Marriage, Courtship and the State in
Nineteenth-Century America
Chair: J. Herbie DiFonzo
Hofstra University Law School
Paper 1: "Divorced or Dismissed: Legal
Remedies to Marital Violence in Antebellum Boston"
Eliza Clark, Program in the History of
American Civilization
Harvard University
Paper 2: "Justifiable Provocation:
Violence Against Women in Essex County, New York, 1799-1860"
Sean T. Moore
(University of Connecticut)
Paper 3: "Husbands, Wives, and the Law in
the Chinese-American Community in the Late-Nineteenth Century"
Todd M. Stevens
(Princeton University)
Paper 4: "Law, Love, and Courtship in
Nineteenth-Century America: The Case of Pollard v. Breckinridge (1894)"
Melissa J. Ganz
(Yale University)
Comment: THE AUDIENCE
Friday, Session 1C: 8:45am-10:15am
Beyond the Letter of the Law:
Physical Space and Material Environments in Legal History
Chair: Barbara Welke, Department of
History
University of Minnesota
Paper 1: "The Public Space of Law:
Massachusetts Courthouses and the Architecture of Professionalization,
1750-1830"
Martha J. McNamara, Department of History
University of Maine
Paper 2: "Bed, Board, and Hearth: The
Common Law of Innkeepers and the Legal Construction of Public Space in
19th-century America"
Andrew K. Sandoval-Strausz
(University of Chicago)
Paper 3: "Lawyers, Books, and Paper"
Michael H. Hoeflich
University of Kansas School of Law
Comment: Thomas Edward Brennan, Department
of History
U.S. Naval Academy
Saturday, Session Early Morning B:
7:30am-8:30am
Rethinking Foundational Cases in Federal
Indian Law
Chair: Lindsay Robertson
University of Oklahoma College of Law
Paper 1: "`An Indian Cannot Get a Morsel
of Pork': A Retrospective on Crow Dog, In re Blackbird, Tribal
Sovereignty, Indian Poverty, and Federalism"
Sidney L. Harring
City of New York Law School, Queens College
Paper 2: "The Ghost of Lone Wolf v.
Hitchcock Stalking the Land"
C. Blue Clark, Department of History
Oklahoma City University
Comment: Jill Norgren, Department of
Government
John Jay College of Criminal Justice
University Graduate Center, CUNY
Saturday, Session 4C: 3:00pm-4:30pm
Lawyers in the American West, 1820-1920
Chair: Gordon Bakken, Department of
History
California State University, Fullerton
Paper 1: "Legal Apprenticeship in the
Office of Calvin Fletcher"
A. Christopher Bryant
(University of Nevada Las Vegas School of Law)
Paper 2: "Legal Argument in the Opinions
of Montana Territorial Chief Justice Decius S. Wade"
Andrew P. Morriss
Case Western University Law School
Paper 3: "Western Women Lawyers, Defense
of the Criminally Accused, and the Invention of the Public Defender"
Barbara Allen Babcock
Stanford Law School
Comment: CHAIR
Friday, Session 3D: 2:00pm-3:30pm
The People's Sovereignty in 19th-Century
Constitutional Politics
Chair: Keith E. Whittington, Department of
Politics
Princeton University
Paper 1: "The Struggle Over the People's
Sovereignty Before the Civil War"
Chritian G. Fritz
University of New Mexico School of Law
Paper 2: "Reconceiving the Fourteenth
Amendment's Founding"
Wayne D. Moore, Department of Political
Science
Virginia Polytechnic Institute and State University
Paper 3: "A Revolution Too Soon: Woman
Suffragists, the Right to Vote and the Living Constitution, 1869-1874"
Adam Winkler
(University of California, Los Angeles)
Comment: Mark E. Brandon, Department of
Political Science
University of Michigan
Tony A. Freyer
University of Alabama School of Law
Saturday, Session Early Morning C:
7:30am-8:30am
South Carolina Redeemers in Court:
The Criminal Justice System
and the Establishment of White Supremacy
Chair: Christopher Waldrep, Department of
History
San Francisco State University
Paper 1: "The 1878 Election Cases and the
Collapse of Federal Enforcement Efforts in South Carolina"
Lou Falkner Williams, Department of
History
Kansas State University
Paper 2: "Post-Reconstruction Justice in
South Carolina: The Prosecution of Francis Lewis Cardoza"
W. Lewis Burke
University of South Carolina School of Law
Comment: Donald G. Nieman, Department of
History
Bowling Green State University
Friday, Session Early Morning C:
7:30am-8:30am
American Criminal Justice in the Early 20th
Century
Chair: Richard Hamm, Department of History
SUNY Albany
Paper 1: ""The Politics of Criminal Law in
Progressive New York"