:: PROGRAM ::
ASLH 2001 Annual Meeting
Chicago, Illinois :: November 8-10, 2001
:: Friday, November 9 ::
Assessing a Sea of Pluralisms Roundtable: Political Science and the New Supreme Court Histories Making and Enforcing Medieval English Statutes The Legal Construction of Trust 10:30-12:00 Gender and the Law Roundtable: Morton Horwitz’s Transformation of American Law – 25 Years Later Uses and Users of the Common Law Economic Analysis of Legal History 1:30-3:00 New Perspectives on Corporate Development Closing Community: Territory in US Immigration Law Count All the Cases? Quantitative Methods and Court Contexts The Public and Private Roles of the Legal Profession: A Comparative Perspective
4:00 pm Plenary Session Address: Michael Stolleis, Director, Max-Planck-Institut für Europäische Rechtsgeschichte
The Law School, The University of Chicago
:: Saturday, November 10 ::
8:45-10:15 "Property and Legal Culture in Gold Rush California" Sexuality and the Twentieth-Century American State Law and Literacy in Ancient Greece Family, Law, and the State in Early Modern France 10:30-12:00 Ex-Slaves and the Law Roundtable: Hendrik Hartog’s, Man and Wife in America The Emergence of Professional Law in the Twelfth Century Crime and Procedure in 18th and 19th Century England
12:15 - 1:45 pm Annual Luncheon
2:00-3:30 Law and the Fiscal State: Public Finance, Scientific Taxation, and the Regulation of Corporate Power Gender and State Building, In Historical Perspective Roman Law and the Economy All Politics is Local: Justice and Power in Local French Courts, 1630-1800 3:45-5:15 Law and Social Control in the Colonial American South The Laws of the Land: A Comparative Regional Approach to Resource Regulation in Turn of the Twentieth Century America Ancient Near Eastern Law: Administration and Adjudication Strange Justice: Urban Law in Three Times and Places
:: Sunday, November 11 ::
9:00-10:30 Courtrooms, Classrooms, and Cautionary Tales: Law and the Shaping of American Identities in the Early Republic Intellectual Property Law and American Economic Development: The Role of Law, Litigation, and Courts Lawyering and Legal Strategies Across Legal Systems Legalizing Conquest
Friday Session #1
8:45 am - 10:15 am
Assessing a Sea of Pluralisms
Chair/Comment: Avi Soifer, Boston College
David Barron, Harvard University
"Rethinking Home Rule"
Carol Weisbrod, University of Connecticut
"What’s In a Name?: A Discussion of Pluralism and Individual Identity"
Liam Seamus O’Melinn, American University
"Corporate Personality, the Classless Society, and Equivocal Equality"
Roundtable: Political Science and the New Supreme Court Histories
Chair: Howard Gillman, University of Southern California
Mark Graber, University of Maryland
Keith Whittington, Princeton University
Julie Novkov, University of Oregon
Scott Powe, University of Texas, Austin
Making and Enforcing Medieval English Statutes
Chair: Janet Loengard, Moravian College
Christopher McNall, Cardiff University
"Execution on Statutory Recognitions of Debt, 1283-1307"
Gwen Seabourne, University of Bristol
"Legislative Sophistication and Commercial Morality: Medieval English Price Regulation"
Paul Brand, All Souls College, Oxford
"Putting English Thirteenth-Century Legislation in Context: The Origins of c. 6 of the Statute of Marlborough"
Commentator: Richard Helmholz, University of Chicago
The Legal Construction of Trust
Chair/Comment: Jennifer Mnookin, University of Virginia
Ken Alder, Northwestern University
"The History of the Lie Detector"
Susannah Blumenthal, University of Michigan
"Law and the Problem of Trust in Nineteenth-Century American Culture"
Wendie Schneider, Yale University
"Punishing the Lie in Victorian England: The Prosecution of Perjury, 1835-1900"
Friday Session #2
10:30 am - 12:00pm
Gender and the Law
Chair: J. Gordon Hylton, Marquette University
Deborah A. Rosen, Lafayette College
"Gender and the Law in 18th Century America: Women’s Legal Roles in Spanish and English Colonies"
Roberta Sue Alexander, University of Dayton
Separate Spheres or Equal Opportunities? An Analysis of Courts’ Responses to Women’s Efforts to Gain Admission to the Bar in Late 19th Century America"
Gwen Hoerr McNamee, University of Illinois at Chicago
"The Gendered Origins of the Legal Aid Society of Chicago, 1886-1905"
Comment: Barbara Allen Babcock, Stanford University
Roundtable: Morton Horwitz’s Transformation of American Law – 25 Years Later
Chair: Michael Willrich, Brandeis University
Laura Kalman, University of California, Santa Barbara
Amy Dru Stanley, University of Chicago
David Sugarman, Lancaster University
Christopher Tomlins, American Bar Foundation
Uses and Users of the Common Law
Chair: Emily Tabuteau, Michigan State University
Alain Boreau, Ecole des Hautes Etudes, University of Paris
"How the Law Became Common: A Monastic Appropriation of Henry II’s Procedure (1189-1202)"
Claire Valente, University of Portland
"Law, Liberty, and the English Way: Baronial Rebels and the Common Law"
Robert Palmer, University of Houston
"The Usage of Law in English Legal History"
Comment: Joseph Biancalana, University of Cincinnati
Economic Analysis of Legal History
Chair: Colleen Dunlavy, University of Wisconsin
Gary Libecap, University of Arizona
"Property Rights Assignment in the Presence of Positive Transactions Costs: The Sources and Costs of the Small-Farm Bias in U.S. Land Policy in the Great Plains"
David Bernstein, George Mason University
"Public Choice and Legal History: Lessons from Work on Race and Legal History"
Gregory LaBlanc, University of Virginia
"Checks and Balances in the Ancien Regime: Tax Farming, Venal Offices, and the Outsourcing of Public Administration"
Comment: Mark Tushnet, Georgetown University
1:00-2:00 pm, Cook County Archives Visit
Courtroom 2607 from 1 to 2:30 on Friday, November 9.
Acceptance of Terms: Approval for the use of Daley Center courtrooms is
predicated on the acceptance of the following terms by the requesting
entity. It is not permissible to bring and/or consume food or beverages in
the courtrooms. Smoking is strictly prohibited. Furnishings and equipment
are not to be moved or removed from the courtroom, court conference rooms or
jury deliberation rooms. Any books, documents, papers, files, folders, etc.
in the courtroom prior to your admittance are to remain in the place where
they are found. There is no admittance to any judicial chambers.
Friday Session #3
1:30 pm - 3:00 pm
New Perspectives on Corporate Development
Chair/Comment: Gregory A. Mark, Rutgers University
Richard R. John, University of Illinois at Chicago
"Riding the Leviathan: Western Union’s Gilded Age"
Naomi R. Lamoreaux, U.C.L.A.
"Partnerships, Corporations, and the Problem of Legal Personhood in American History
Adam Winkler, U.C.L.A.
"Corporate Contribution Bans and the Separation of Ownership and Control in the Early 20th Century"
Closing Community: Territory in US Immigration Law
Chair/Comment: Lucy Salyer, University of New Hampshire
Mae Ngai, University of Chicago
"Making and Unmaking Illegal Aliens: Deportation Policy and the Production of US Nation-State Territoriality 1920-1930"
Kunal Parker, Cleveland Marshall College of Law
"Constructing the Town: The Law and Politics of Representing Space in 18th Century Massachusetts"
Count All the Cases? Quantitative Methods and Court Contexts
Chair: Dr. Christopher W. Brooks, University of Durham (U.K.)
DeLloyd J. Guth, University of Manitoba
"Smugglers and Statute Violators in Late-Medieval England’s Exchequer"
Jean-Marie Fecteau, Universite du Quebec a Montreal
"Enforcing Social Regulations in 19th Century Quebec Courts"
The Public and Private Roles of the Legal Profession: A Comparative Perspective
Chair: Kenneth Ledford, Case Western Reserve University
Robert W. Gordon, Yale University
"The Privatizing of the American Legal Profession
John Leubsdorf, Rutgers University, Newark
"Turning Points in the French Legal Profession"
Jonathan Rose, Arizona State University
"Of Ambidexters and Daffidownlillies: Defamation of Lawyers, Legal Ethics, and Professional Reputation"
Comment: Terence C. Halliday, American Bar Foundation
Kenneth Ledford, Case Western Reserve University
Address: "Hesitating to Look in the Mirror: German Jurisprudence after 1933 and after 1945"
Michael Stolleis, Director
Max-Planck-Institut für Europäische Rechtsgeschichte
The Law School, The University of Chicago
(buses will provide transportation between
the Allegro Hotel and the Chicago Law School
buses depart hotel beginning 3:30; return beginning 6:30)
Saturday Session #1
8:45 am - 10:15 am
7:30-8:45 am, continental breakfast, Allegro Hotel
"Property and Legal Culture in Gold Rush California"
Chair: Malcolm J. Rohrbough, University of Iowa
Andrea G. McDowell, University of Wisconsin
"Miners and Property Rights"
Donald J. Pisani, University of Oklahoma
"California in the 'State of Nature': Squatter Law in the Golden State, 1846-1852"
Donna C. Schuele, U.C.L.A.
"Death American Style: Probate and the Break-up of the Californio Ranchos"
Comment: Robert C. Ellickson, Yale University
Sexuality and the Twentieth-Century American State
Chair: Barbara Y. Welke, University of Minnesota
Margot Cannaday, University of Minnesota
"Straightening America’s Borders: The 1917 Immigration Act and Homosexuality"
Elizabeth L. Hillman, Rutgers-Camden University
"Crime and Sexuality in Cold War Courts-Martial"
David K. Johnson, Northwestern University
"‘Crying Shame’: The Courts, Gay Rights, and Civil Service Reform in the 1960s"
Comment: William N. Eskridge, Jr., Yale University
Law and Literacy in Ancient Greece
Chair/Comment: Edward M. Harris, CUNY
James P. Sickinger, Florida State University
"Indeterminacy in Greek Law: Statutory Gaps and Conflicts"
Michael Gagarin, University of Texas, Austin
"Writing Athenian Law"
Family, Law, and the State in Early Modern France
Chair: Janine Lanza, Appalachian State University
Chris Corley, Minnesota State University, Moorhead
"Constructing Maturity: The Family, State, and Legal Debates over Adulthood in Early Modern France"
Suzanne Desan, University of Wisconsin-Madison
"Redefining the Bonds of Family and Nature: Illegitimate Children in the French Revolutionary Courts""
Julie Hardwick, University of Texas, Austin
"The Politics of Property: Gender, Debt Litigation, and State Formation in 17th Century France"
Commentator: James R. Farr, Purdue University
10:30 am - 12:00 pm
Ex-Slaves and the Law
Chair: Ariela Gross, University of Southern California
Barbara Krauthamer, New York University
"From Slave to Free: Freedpeople and Native Americans in the Indian Territory During Reconstruction"
Elizabeth Regosin, St. Lawrence University
"Citizenship and Identity: Former Slaves’ Civil Waension Claims"
Mark Jones and John Wertheimer, et. al., Davidson College
"Pinkney and Sarah Ross: The Legal Adventures of an Ex-Slave and His (Originally) White Wife on the Carolina Borderlands During Reconstruction"
Commentator: Katherine Franke, Columbia University
Roundtable: Hendrik Hartog’s, Man and Wife in America
Chair: Martha Fineman, Cornell University
Linda K. Kerber, University of Iowa
Norma Basch, Rutgers University
Laura Edwards, Duke University
Anthony Rotundo, Phillips Academy
The Emergence of Professional Law in the Twelfth Century
Chair: Blair Newcomb, Mills College
Susan Reynolds, Institute of Historical Research, University of London
"The Emergence of Professional Law in the Twelfth Century"
Daniel Smail, Fordham University
Charles Donahue Jr., Harvard University
Crime and Procedure in 18th and 19th Century England
Chair/Comment: James Oldham, Georgetown University
Bruce Smith, University of Illinois, Urbana-Champaign
"Petty Crime and Criminal Procedure in Early Nineteenth-Century London"
Thomas P. Gallanis, Ohio State University
"The Mystery of Old Bailey Counsel"
Allyson N. May, University of Toronto
"A Metropolitan Practice: London’s Criminal Bar, 1780-1850"
12:15 pm - 1:45 pm
Saturday Session #3
2:00 pm - 3:30 pm
Law and the Fiscal State: Public Finance, Scientific Taxation, and the Regulation of Corporate Power
Chair/Comment: W. Elliot Brownlee, University of California, Santa Barbara
Marjorie Kornhauser, Tulane University
"Realizing the Legacy of Eisner v. Macomber: The Continuing Role of ‘Realization’ in Tax Law and Policy"
Ajay Mehrotra, University of Chicago
"Lawyers, Guns & Money: The U.S. Treasury, WWI and the Excess Profits Tax"
M. Susan Murnane, Case Western Reserve University
"Selling Scientific Taxation: The Campaign to Reduce Marginal Income Tax Rates in the 1920s"
Gender and State Building, In Historical Perspective
Chair/Comment: Jack Balkin, Yale University
Jill Elaine Hasday, University of Chicago
"Parenthood Divided: A Legal History of the Bifurcated Law of Parental Relations"
Reva B. Siegel, Yale University
"Federalism and the Family - Constitutional Conflicts of the 1920s and Beyond"
John Witt, Columbia University
"The Family Wage in the Making of American Accident Law"
Roman Law and the Economy
Chair/Comment: Susan D. Martin, University of Tennessee
Richard Saller, University of Chicago
"Individual Property Rights and Roman Family Law"
Bruce Frier, University of Michigan
"Economic Problems in the Roman Law of Dowry"
Dennis Kehoe, Tulane University
"Law and the Economics of Farm Tenancy in the Roman Empire"
All Politics is Local: Justice and Power in Local French Courts, 1630-1800
Chair/Comment: Steven Reinhardt, University of Texas, Arlington
Michael P. Breen, Reed College
"Litigating Politics in 17th Century France: The Mairie de Dijon v. the ‘Interessez’ of Lanturelu"
Zoe Schneider, Georgetown University
"All the King’s Men? Local Courts and State-Building in France, 1670-1740"
Anthony Crubaugh, Illinois State University
"Making Justice Just: Local Courts in Rural France, 1750-1800"
Saturday Session #4
3:45 pm - 5:15 pm
Law and Social Control in the Colonial American South
Chair/Comment: A. Gregg Roeber, Penn State University
Jason M. Barrett, University of Michigan
"The Law of Clientage: Civil Litigation and Debt Culture in Colonial Virginia"
Holly Brewer, North Carolina State University
"Perpetual Slavery, Land, and Status: Reconsidering the Laws of Perpetuities and their Connections to Religious and Political Ideology in Colonial America"
Sally E. Hadden, Florida State University
"Southern Grand Juries and Moral Authority in the Eighteenth Century"
The Laws of the Land: A Comparative Regional Approach to Resource Regulation in Turn of the Twentieth Century America
Chair/Comment: Ari Kelman, University of Denver
Betsy Mendelsohn, University of Virginia
"Environmental Origins of State Power: The Science that Justified Illinois’s Extension of Legal Authority Over Wildlife and Wetlands, 1860-1910"
Kathleen Brosnan, University of Tennessee
"Conflict in the Rockies: The Clash of Community Standards with State and Federal Regulation"
Ellen Stroud, Columbia University
"Who Owns the Public Lots? Defining Public Land in Early 20th Century Maine"
Ancient Near Eastern Law: Administration and Adjudication
Chair: Cheryl Anderson, Garrett-Evangelical Theological Seminary
Geoffrey P. Miller, New York University
Golden Calves, Stone Tablets, and Fundamental Law: A Legal and Political Interpretation of Exodus 32
F. Rachel Magdalene, Towson University
"An Overview of Mesopotamian Legal Procedure in the Seventh to Fifth Centuries, BCE"
Bruce Wells, Johns Hopkins University
"What a Court Wants: Evidentiary Requirements and Conditional Verdicts in Ancient Babylonia"
Martha A. Roth, University of Chicago
Strange Justice: Urban Law in Three Times and Places
Chair: Alan Watson, University of Georgia
Hans-Friedrich Mueller, University of Florida
"Nocturnal Regulation in Ancient Rome"
Tahirih V. Lee, Florida State University
"A Twentieth-Century Babel: The Legal Systems of Republican Era Shanghai"
Anders Walker, Yale University
"Subtle Resistance: The Capital City Country Club Lease and the
Manipulation of Local Law to Subvert Civil Rights in Tallahassee,
Comment: Hendrik Hartog, Princeton University
6:00-8:00 pm, reception, ABA Museum of Law, ABA Building (transportation provided)
Sunday, November 11th
7:30-8:45 am, continental breakfast, Allegro Hotel
Courtrooms, Classrooms, and Cautionary Tales: Law and the Shaping of American Identities in the Early Republic
Chair: David Konig, Washington University
Ellen Holmes Pearson, Johns Hopkins University
"Revising Custom, Embracing Choice: Early National Law Professors as Historians of the Common Law"
D. Kurt Graham, Brown University
"The Nationalizing Influence of the Lower Federal Courts: Rhode Island, 1790-1815"
Comment: Al Brophy, University of Alabama
Intellectual Property Law and American Economic Development: The Role of Law, Litigation, and Courts
Chair/Comment: Gregory Alexander, Cornell University
Catherine Fisk, Loyola Law School
"Writers at Work: The Origins of the Work for Hire Doctrine in Copyright Law"
B. Zorina Khan, Bowdoin College
"What Do Courts Do? Evidence from Patent and Copyright Litigation, 1790-1910"
Lawyering and Legal Strategies Across Legal Systems
Chair: Mary Bilder, Boston College
Robin Fleming, Boston College
"Domesday Land Dispute: Making the Case Before Common Law and Lawyers"
David Seipp, Boston University
"Year Book Pleading and Argument (and a New Index of the Year Books)"
James Brundage, University of Kansas
"The Practice of Canon Law in the Thirteenth Century"
Commentator: John Langbein, Yale University
Chair/Comment: Joseph W. McKnight III, S.M.U. School of Law
Eric San Juan, Washington, DC
"Legalizing Conquest: American Law and the Philippine Territory"
Susan Scafidi, S.M.U. School of Law
"Spanish Law and Native American Identity"
Ernest Metzger, University of Aberdeen School of Law (Scotland)
"Roman Municipal Charters in the Iberian Peninsula"
"How the Law Became Common: A Monastic Appropriation of Henry II’s