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ASLH Newsletter
Summer 2002 |
Table of
Contents
2002
ANNUAL MEETING, SAN
DIEGO............................................................
1
BALLOT..................................................................................................................
2
Nominees for Board of
Directors.........................................
3
Nominees for Nominating
Committee................................
7
ANNOUNCEMENTS.............................................................................................
8
Studies in Legal
History..............................................................................
8
Paul L. Murphy Award ................................................................................
8
J.
Willard Hurst Summer
Institute in Legal
History.................................
9
University of Texas Law
Library Legal History
Publication Series.........
9
Pembroke Center
Postdoctoral
Fellowships............................................
10
H-Law
.......................................................................................................
11
Draft program............................................................................................
12
Information about local
arrangements..................................
26
UNC PRESS Titles................................................................................................
27
<<
h-law
2002 ANNUAL
MEETING, SAN DIEGO
The Society’s
thirty-second annual
meeting will be held
Thursday-Saturday,
November 7-9, in San
Diego.
Registration materials
and the draft program
for the meeting are
bound in the center of
this newsletter.
Be sure to return the
registration forms by
the dates indicated.
In addition, please
note these special
events, for which you
are asked to indicate
on the pre-registration
form your planned
attendance:
Thursday, November 7th
5:30-7:00 pm, ASLH
reception, U. S. Grant
Hotel
Friday, November 8th
7:30-8:45 am,
continental breakfast,
U. S. Grant Hotel
Noon-1:30, California
Supreme Court
Historical Society
lunch (Speaker will be
Ray E. McDevitt, Esq.,
author of California
Courthouses: An
Illustrated History,
and partner at the San
Francisco firm of
Hanson, Bridgett,
Marcus & Vlahos.
The title of his
presentation will be
“Courthouses and
Communities: Doing
Justice, Past and
Future.”)
4:00 pm, Plenary
Session, Charles
Donahue, Jr., Paul A.
Freund Professor of
Law, Harvard Law School
5:15 pm, Reception
following the Plenary
address
(Transportation will be
provided between the U.
S. Grant Hotel and the
University of
California San Diego)
Saturday, November 9th
7:30-8:45 am,
continental breakfast,
U. S. Grant Hotel
12:15-1:45 pm, annual
luncheon
6:00-8:00 pm,
reception, California
Western School of Law
(transportation
provided)
Special thanks for
their work in arranging
the annual meeting go
to Michal Belknap,
Professor of Law,
California Western
School of Law and
Adjunct Professor of
History, University of
California, San Diego;
Michael Parrish,
Professor of History,
University of
California, San Diego
and Adjunct Professor
of Law at California
Western School of Law;
and Julie Sandusky,
Events Coordinator at
California Western
School of Law.
Thanks also to the
program committee for
its work, David Rabban,
University of Texas,
chair, and Susanna
Blumenthal, University
of Michigan, Adrienne
Davis, University of
North Carolina, Sarah
Barringer Gordon,
University of
Pennsylvania, Mark
Graber, University of
Maryland, Michael
Klarman, University of
Virginia, Adriaan Lanni,
Harvard University,
Tahirih Lee, Florida
State University,
Rebecca Scott,
University of Michigan,
Stephen Siegel, DePaul
University, David
Sugarman, Lancaster
University, Claire
Valente, Independent
Scholar, Richard
Wetzell, German
Historical Institute.
The Society is also
most appreciative of
the financial support
provided by Law School
of the University of
California, San Diego,
and by the California
Western School of Law.
^ back
to top
BALLOT
The ballot, bound at
the center of this
newsletter, seeks votes
for members of the
Society’s Board of
Directors and for the
Nominating Committee.
Many thanks to this
year’s nominating
committee for their
conscientious work:
Victoria Woeste,
American Bar
Foundation, chair, Bob
Cottrol, George
Washington University,
Thomas Gallanis, The
Ohio State University,
Annette Gordon-Reed,
New York Law School,
and Sarah Hanley,
University of Iowa.
Nominees for Board of
Directors
Thomas Garden Barnes
is Professor of History
and Law, and Co-Chair
of the Canadian Studies
Program, University of
California, Berkeley.
A native of Pittsburgh
(born 1930), his A.B.
(History) was Harvard
1952, and his D.Phil.
in History was Oxford,
1955.
Concurrently he read
for the English bar at
Lincoln’s Inn. He
began teaching at
Lycoming College,
Williamsport,
Pennsylvania, before
moving to Berkeley in
1960, where he has
taught since (and is
still teaching
full-time). There
he has seen it all,
including a stint as an
Assistant Dean of
Students
eyeball-to-eyeball with
Marlo Savio, 1964.
His research interests
have long centered on
English legal
institutions of the
Tudor-Stuart period,
specifically Star
Chamber 1596-1641, with
much done and much
still to do. He
has worked on the
contemporary French
cognate, the Conseil
Privé under Henri
IV, and early
Massachusetts law.
The latter, with a
familial motivation
(Loyalist Nova Scotian),
has turned him to
studying early Nova
Scotia law especially
in relation to the
expulsion of the
Acadians in 1755.
American legal
education intrigued him
when he wrote the
Centennial History of
Hastings College of the
Law, and broader
aspects of legal
history were vented in
ninety-one introductory
essays to Gryphon
Editions’ Legal
Classics Library
volumes, from Hammurabi
to Rehnquist. He
is an Editor of the
Public Record Office,
long a member of the
Council and onetime
Vice-President Overseas
as well as California
Correspondent of the
Selden Society, was
Project Director of the
Anglo-American Legal
History Project of the
American Bar
Foundation, 1965-1986,
was on the Editorial
Board of the
American Journal of
Legal History,
1960-1974, and a member
of the Board of
Directors of the
American Society for
Legal History,
1979-1982, and is
currently President of
the Association for
Canadian Studies in the
United States.
Barry Cushman
is Professor of Law and
Professor of History at
the University of
Virginia, where he
serves as Director of
the Program on Legal
and Constitutional
History and of the
Joint Degree Program in
Legal History. He
received his B.A. from
Amherst College and his
M.A., J.D., and Ph.D.
degrees from the
University of Virginia.
He has been a member of
the Society since 1990,
and has appeared on
several panels at its
annual meetings.
His research focuses on
late-19th and
early-20th century
constitutional
development in the
United States.
His book,
Rethinking the New
Deal Court: The
Structure of a
Constitutional
Revolution (Oxford
University Press), was
awarded the American
Historical
Association’s 1998
Littleton-Griswold
Prize. Recent
articles include “Mr.
Dooley and Mr. Gallup:
Public Opinion and
Constitutional Change
in the 1930s,” 50
Buff. L. Rev. 7
(2002) (Mitchell
Lecture); “Lochner,
Liquor and
Longshoremen: A Puzzle
in Progressive Era
Federalism,” 32 J.
Mar. L. & Com. 1
(2001); “Formalism and
Realism in Commerce
Clause Jurisprudence,”
67 U. Chi. L. Rev.
1089 (2000); “Lost
Fidelities,” 41
William & Mary L. Rev.
95 (1999); “The Hughes
Court and
Constitutional
Consultation,” 1998
J. Sup. Ct. Hist.
79; and “The Secret
Lives of the Four
Horsemen,” 83 Va. L.
Rev. 559 (1997).
He serves as a referee
for Law & History
Review, Law &
Society Review,
Law & Social Inquiry,
the American Journal
of Political Science,
and Political
Research Quarterly.
Laura F. Edwards
is associate professor
in the History
Department at Duke
University, where she
teaches courses in
women’s history and
legal history.
She is the associate
editor for Law and
History Review; she
is finishing a
three-year term on the
American Historical
Association’s
Littleton-Griswold
Prize committee, which
determines the
recipient of the annual
award for the best book
in American legal
history; and she has
participated in
regularly in panels at
the ASLH since 1992.
Her first book,
Gendered Strife and
Confusion: The
Political Culture of
Reconstruction
(1997) placed law and
legal issues at the
center of a larger
analysis of gender,
politics, and social
change during
Reconstruction in the
U.S. South. Her
second book,
Scarlett Doesn’t Live
Here Anymore: Southern
Women in the Civil War
Era addressed her
interests in women’s
history more directly
than those in legal
history. But her
third book project,
Citizenship and
Authority: Law and the
Creation of Inequality
and Difference in the
Antebellum South
centers explicitly on
central questions and
debates in U.S. legal
history. Her
articles and essays
include “Law, Domestic
Violence, and the
Limits of Patriarchal
Authority in the
Antebellum South,”
Journal of Southern
History 65
(November 1999), which
received the Fletcher
M. Green and Charles W.
Ramsdell Award, awarded
by the Southern
Historical Association,
and “The Problem of
Dependency: African
Americans, Labor
Relations, and the Law
in the
Nineteenth-Century
South,”
Agricultural History
72 (Spring 1998), which
received the Vernon
Carstensen Award,
awarded by the
Agricultural History
Society. She has
also received
fellowships from the
National Endowment for
the Humanities, the
Newberry Library, and
the Smithsonian
Institution.
Bruce W. Frier
is Professor of
Classics and Roman Law
at the University of
Michigan; his
appointment is jointly
in the Law School,
where he is the H.K.
Ransom Professor of
Law, and in the
Department of Classical
Studies, where he is
currently the Chair.
In 1970 he received his
Ph.D. from Princeton
University, and has
been at the University
of Michigan since then.
He is the author of
numerous articles and
books on Roman social
history and law,
including Landlords
and Tenants in Imperial
Rome (1980,
recipient of 1983
Goodwin Award of Merit,
from the American
Philological
Association for best
book in Classical
Studies published
during the prior three
years); The Rise of
the Roman Jurists:
Studies in Cicero’s Pro
Caecina (1985);
A Casebook on the Roman
Law of Delict
(1989); and A
Casebook on Roman
Family Law (with
T.A.J. McGinn;
forthcoming from Oxford
University Press in
2002/2003). His
approach to Roman legal
sources can be
described as combining
careful attention to
the traditional methods
of Roman legal history,
with a broader
exploitation of the
distinctive
perspectives of the
social sciences,
including sociology,
economics, linguistics,
and comparative
history. He is
currently completing an
article that applies
the methods of New
Institutional Economics
to Roman law, for the
Cambridge History of
the Greek and Roman
Economy
WILLIAM P. LaPIANA
is the Rita and Joseph
Solomon Professor of
Wills, Trusts and
Estates at New York Law
School. He is a
graduate of The Nichols
School, Buffalo, New
York, and holds the A.B.,
summa cum laude
(1973), the A.M. in
history (1975), the
J.D. cum laude
(1978), and the Ph.D.
in history (1987) from
Harvard University.
From 1979 to 1983 he
was associated with
Davis Polk and Wardwell
where he worked
primarily in the
estates group. He
began teaching in 1983
at the University of
Pittsburgh School of
Law and joined the New
York Law School faculty
in 1987. His
teaching
responsibilities
include wills and
trusts, property,
federal estate and gift
tax, estate planning,
and American legal
history. His
dissertation was
published as
Logic and Experience:
The Origin of Modern
American Legal
Education. He
has also written on
various aspects of
nineteenth-century
American legal history
and is a regular
participant in the New
York University legal
history colloquium.
In addition, Professor
LaPiana is the author
of several articles on
estate planning and a
co-author of
Disclaimers in Estate
Planning: A Guide to
their Effective Use
and has contributed to
Klipstein and Bloom,
Drafting New York
Wills. In
1992 he was elected an
Academic Fellow of the
American College of
Trust and Estate
Counsel and in 1998 was
elected to membership
in the American Law
Institute. He was
the Reporter for the
revised Uniform
Disclaimer of Property
Interests Act, which
was promulgated by the
National Conference of
Commissioners on
Uniform State Laws in
July 1999.
Kenneth W. Mack
is an Assistant
Professor of Law at
Harvard Law School,
where he teaches
courses in American
legal history, the
history of the legal
profession, and
property. He has
been actively involved
in the ASLH since
attending his first
annual meeting as a
wide-eyed 29-year-old
graduate student in
1994, and served on the
Program Committee for
the 1999 annual
meeting. He also
serves on the Board of
Overseers of the
Massachusetts Supreme
Judicial Court
Historical Society.
He received his M.A. in
History at Princeton in
1996, his J.D. in 1991
at Harvard, and a B.S.
in Electrical
Engineering at Drexel
University (1987).
He is presently engaged
in a long-term project
that examines the
social and cultural
history of civil rights
lawyering in early- to
mid-20th-century
America. He is
the author of “A Social
History of Everyday
Practice: Sadie T.M.
Alexander and the
Incorporation of Black
Women into the American
Legal Profession,
1925-60,” Cornell
Law Review 87
(forthcoming September
2002), and “Law,
Society, Identity and
the Making of the Jim
Crow South: Travel and
Segregation on
Tennessee Railroads,
1875-1905,” Law and
Social Inquiry 24
(1999): 377. He
is also a contributor
to the forthcoming
second edition of
Critical Race Feminism:
A Reader (NYU
Press, 2003). He
has presented his
scholarly work at
annual meetings of the
ASLH, the Law and
Society Association,
and the American
Studies Association, as
well as at the New York
University and
University of
Pennsylvania Legal
History Colloquia.
He has received
fellowships from the
Ford Foundation, the
Woodrow Wilson
Foundation and
Princeton University.
David Millon
is Associate Dean for
Academic Affairs and
J.B. Stombock Professor
of Law at Washington
and Lee University.
He received B.A. and
M.A. degrees in history
from Ohio State and a
Ph.D. and second M.A.
from Cornell. At
Cornell, his
dissertation, titled
“Common Law and Canon
Law During the Reign of
Edward I,” was
supervised by Brian
Tierney. After
receiving a law degree
from Harvard, he
practice law in Boston
for three years before
moving to Washington
and Lee in 1986.
In addition to English
Legal History, he also
teaches corporate law
and has taught
antitrust, contracts,
and non-profit
organizations.
His publications in
legal history include
papers on the history
of the jury (in Law
& Social Inquiry
and the Wisconsin
Law Review) and on
the relations between
the common law and
canon law jurisdictions
in medieval England (in
Law and History Review
and the University
of Illinois Law Review).
He has also published
numerous articles on
the history of
corporate and antitrust
law and on current
political controversies
in corporate law.
He is currently at work
on a book-length study
of the ideological
foundations of the
premodern common law
and, for the Selden
Society, a volume on
writs of prohibition
and other cases
involving church-state
jurisdictional matters.
Victor M. Uribe-Uran
is Associate Professor
in the Department of
History at Florida
International
University, Miami.
He holds a law degree,
a master’s in political
science, and a Ph.D in
history. His
books include
‘Honorable Lives.’
Lawyers, Family and
Politics in Colombia,
1780-1850
ittsburgh Press,
2000); State and
Society in Latin
America During the Age
of Revolution
(Scholarly Resources,
2001); and Naciones,
gentes y territorios.
Ensayos de historia
comparada de America
Latina y El Caribe
(Universidad de
Antioquia, 2000).
His essays pertaining
to the social history
of lawyers and the law
have appeared in the
Journal of Latin
American Studies,
The Americas, the
Latin American Research
Review, and
Comparative Studies in
Society and History.
His most recent
publication is
“Colonial Baracunatanas
and their Nasty Men:
Spousal Homicides and
the Law in Late
Colonial New Granada,”
Journal of Social
History, vol. 34,
no. 1 (Fall, 2001).
He has been a Fulbright
scholar, received two
Andrew Mellon
Fellowships and one of
his articles was
recently awarded the
Antonine Tibezar Prize.
Currently his is in
Seville, Spain, funded
by an NEH fellowship to
finish research for a
book on the social and
legal history of
domestic violence in
Mexico, Colombia and
Spain from 1750 to
1850. He has been
a member of the board
of editors of the
Law and History Review
and is the co-chair of
the ‘Law and Society’
section of LASA, the
Latin American Studies
Association.
Sandra F. VanBurkleo
(Ph.D., University of
Minnesota) is Associate
Professor of History
and Adjunct Professor
of Law at Wayne State
University in Detroit.
She is a life member of
the Society, a former
member of the ASLH
Board of Directors,
former member and chair
of the Society’s
nominating committee,
and current member of
the Paul L. Murphy
Prize committee.
The author of
‘Belonging to the
World’: Women’s
Rights and American
Constitutional Culture
(Oxford 2001), she also
has co-edited an
anthology,
Constitutionalism and
American Culture:
Writing the New
Constitutional History
(University Press of
Kansas 2002, eds. S.
VanBurkleo, K. Hall and
R. Kaczorowski); in
1989, an article
colorfully entitled
“The Paws of
Banks....’,” won the
Journal of the Early
Republic’s Best
Article Award.
She has long exhibited
an interest in both
public history and the
exportation of academic
history (including the
history of law) into
the pubic realm.
She presently is hard
at work on an account
of the remapping of
citizenship as
Washington Territory
(and by extension much
of the upper northwest)
made its way toward and
beyond statehood,
tentatively entitled
“Gender Remade:
Citizenship and
Statehood in Frontier
Washington, 1879-1912”;
she also is completing
a long article about
the marital contract,
the law of divorce, and
the contract clause in
19th-century
America.
Lea VanderVelde
is the Josephine Witte
Professor of Law at the
University of Iowa
College of Law, where
she teaches in the
areas of property,
labor, and
constitutional law.
She was a student of
Willard Hurst at the
University of Wisconsin
Law School, where she
received her J.D.
degree, Order of the
Coif. She has
taught at the
University of
Pennsylvania Law
School, Yale Law
School, and the
Juridicum of the
University of Vienna.
Her writings include
“The Labor Vision of
the 13th Amendment,”
“Mrs. Dred Scott,” with
Sandhya Subramanian,
“The Gendered Origins
of the Lumley
Doctrine,” and “The
Legal Ways of
Seduction.” She is a
co-author on a treatise
on modern Employment
Law as well as on the
Casner & Leach Property
Law textbook. Her
current book projects
include a biography of
the litigants in the
Dred Scott freedom case
and a monograph
entitled, “The Master
Narrative of 19th
Century Law,” which
explores how
master-servant law
resisted change in the
19th century to
continue to be relevant
in modern employment
relations. She is
also the primary
investigator of the
Freedom Project, a
study of how slaves and
freedpeople in St.
Louis used the courts
in the antebellum
years. Her
bibliography can be
found on the web.
Barbara Y. Welke
is Associate Professor
of History at the
University of Minnesota
where she teaches a
range of courses in
American legal and
constitutional history
and 20th century U. S.
history. She has
been a member of the
ASLH since 1993, has
presented papers and
commented on a number
of panels at the annual
meeting over the last
nine years, has served
on the Editorial Board
of Law and History
Review since 1995,
and has twice served on
the Program Committee
(1998, 2001). She
received her Ph.D. in
history from the
University of Chicago
(1995), J. D. from the
University of Michigan
Law School (1983), and
B.A. from the
University of Kansas
(1980). She is
the author of
Recasting American
Liberty: Gender, Race,
Law, and the Railroad
Revolution, 1865-1920
(Cambridge Historical
Studies in American Law
and Society, Cambridge
University Press,
2001), which as a
dissertation won the
OAH Lerner-Scott Prize
(1996). In 1996,
her article, “When All
the Women Were White,
and All the Blacks Were
Men: Gender, Class,
Race, and the Road to
Plessy, 1855-1914,” won
the ASLH’s Surrency
Prize. Other
articles include
“Beyond Plessy:
Space, Status, and Race
in the Era of Jim
Crow,” Utah Law
Review (2000:2):
167-99; and
“Unreasonable Women:
Gender and the Law of
Accidental Injury,
1870-1920,” 19 Law &
Social Inquiry
(Spring 1994): 369-403.
She has held
fellowships from the
NEH, the Newberry
Library, and,
currently, a two-year
McKnight Professorship
from the University of
Minnesota. Her
current research
includes work on race,
gender and legal
individuality from 1850
to the 1920s, and a
monograph on product
liability and its
relationship to the
rights revolution in
20th century America.
^ back
to top
Nominees for Nominating
Committee
Sally E. Hadden
is Associate Professor
of History and Law, at
Florida State
University. She
is a life member of the
ASLH, and has attended
its annual meetings
with regularity since
1988. She has
delivered papers,
commented on panels,
and assisted in
arranging the annual
meeting (1996) program.
She received her B.A.
from the University of
North Carolina, Chapel
Hill (honors); M.A.,
Harvard University
(History); J.D.,
Harvard Law School;
Ph.D., Harvard
University (History).
Her dissertation was on
slave patrols
(1660s-1870s), a law
enforcement group
created by county
courts and local
militia that attempted
to control slave
behavior. Her
publications include:
Slave Patrols: Law
and Violence in
Virginia and the
Carolinas (Harvard
University Press,
2001); “Colonial and
Revolutionary Era Slave
Patrols in Virginia” in
Michael Bellesiles,
ed., Lethal
Imagination: History of
Violence in America
(NYU Press); “Judging
Slavery: Thomas Ruffin
and
State v. Mann” in
Donald Nieman and
Christopher Waldrep,
eds., Race and
Criminal Justice in
Nineteenth Century
American South
(University of Georgia
Press). Forthcoming:
“Slavery” in Michael
Grossberg and
Christopher Tomlins,
eds., Cambridge
History of Law in
America; “Benjamin
Lynde, Jr.” in
Massachusetts Legal
History. Her
editorial service
includes H-Law,
editorial board,
1999-present; Law
and Social Inquiry,
editorial board,
2000-present;
Florida Historical
Quarterly,
2002-present. Her
other service to the
profession: Program
Committee, ASLH annual
meeting, 1996;
Membership Committee,
Southern Historical
Association, 1999-2002;
Book Prize committee,
Berkshire Conference on
Women Historians.
Daniel Klerman
is Professor of Law and
History at USC Law
School; his principal
research interest is
English legal history.
Prior to his move to
USC in 1998, he was an
Assistant Professor for
three years at the
University of Chicago
Law School, a Fulbright
Fellow in London, and a
clerk to Supreme Court
Justice John Paul
Stevens. He has a
J.D. and Ph.D. in
History, both from the
University of Chicago.
He has organized
several panels at
recent ASLH annual
meetings, and served on
the 2001 program
committee. Recent
publications include:
“Settlement and the
Decline of Private
Prosecution in
Thirteenth-Century
England,” 19 Law and
History Review 1
(2001); “Was the Jury
Ever Self-Informing?,”
in Maureen Mulholland
and Brian Pullan, eds.,
The Trial in History
(University of
Manchester Press,
forthcoming); and
“Women Prosecutors in
Thirteenth-Century
England,” forthcoming
in Yale Journal of
Law and the Humanities.
Last summer, he won the
Selden Society’s David
Yale Prize “for
distinguished
contribution to the
history of the laws and
legal institutions of
England and Wales.”
^ back
to top
ANNOUNCEMENTS
Studies in Legal
History
The Publications
Committee is pleased to
announce that Daniel R.
Ernst, Professor of Law
and Adjunct Professor
of History at
Georgetown University,
has agreed to succeed
Dirk Hartog as
co-editor of Studies in
Legal History.
Dan is well-known to
members of the Society.
He is currently a
member of the Executive
Committee of the Board
of Directors and was
chair of the Program
Committee for the 1998
Annual Meeting in
Seattle. He
received his law degree
from the University of
Chicago, an LL.M. in
legal history from the
University of
Wisconsin, and his
doctorate in history
from Princeton.
His book,
Lawyers against Labor:
From Individual Rights
to Corporate Liberalism
(University of Illinois
Press, 1995), received
the Littleton-Griswold
Prize from the American
Historical Association.
Paul L. Murphy Award
Applications are being
accepted for the 2003
Paul L. Murphy Award,
honoring the memory of
Paul L. Murphy, late
professor Emeritus of
History and American
Studies at the
University of Minnesota
and distinguished
scholar of U.S.
constitutional history
and the history of
American civil
rights/civil liberties.
The Murphy Award, an
annual award of $1000,
is intended to assist
the research and
publication of scholars
new to the field of
U.S. constitutional
history or the history
of American civil
rights/civil liberties.
To be eligible for the
Murphy Award, an
applicant must possess
the following
qualifications: be
engaged in significant
research and writing on
U.S. constitutional
history or the history
of civil rights/civil
liberties in the United
States, with preference
accorded to applicants
employing
multi-disciplinary
research approaches;
hold the Ph.D. in
History or a related
discipline; and not yet
have published a
book-length work in
U.S. constitutional
history or the history
of American civil
rights/civil liberties.
Public historians,
unaffiliated scholars,
as well as faculty at
academic institutions
are encouraged to
apply. If
employed by an
institution of higher
learning, an applicant
must not be tenured at
the time of the
application.
Applicants should
submit a packet
containing the
following items: 1) a
research project
description of no more
than 1000 words (4
copies), 2) a tentative
budget of anticipated
expenses (4 copies), 3)
a current curriculum
vitae (4 copies), and
4) two confidential
letters of
recommendation in
envelopes sealed by the
recommenders. All
materials should be
mailed to Professor
Robert J. Kaczorowski,
Fordham University
School of Law, 140 W.
62nd Street,
New York, NY
10023-7407. All
materials must be
received no later than
February 1, 2003.
Email inquiries should
be addressed to
rkaczorowski@law.fordham.edu.
J. Willard Hurst
Summer Institute in
Legal History
The first biennial J.
Willard Hurst Summer
Institute in Legal
History convened in
Madison, Wisconsin from
June 11-22, 2001.
The next Hurst Summer
Institute is scheduled
for June 2003.
For information about
the 2003 Institute,
consult the
H-Law website.
University of Texas
Law Library Legal
History Publication
Series
A half-century of
transformations at The
University of Texas
School of Law are
retold by the late Gus
Hodges in an oral
history interview just
published by the Jamail
Center for Legal
Research.
Gus M. Hodges: An Oral
History Interview
contains three
extensive interviews
conducted in 1986. “Gus
Hodges was one of the
most colorful and best
loved professors in the
history of The
University of Texas
School of Law,” said
Professor Roy Mersky,
Harry M. Reasoner
Regents Chair in Law
and Director of the
Jamail Center.
In his Foreword, former
UT Law Dean M. Michael
Sharlot describes
Hodges as “a key
participant in the
enormous growth of the
School of Law in terms
of students, faculty
and facilities.”
Hodges (1908-1992)
discusses student life
at UT during the
Depression, the rise of
the Law School to
national prominence,
and the increasing
diversification of both
the faculty and student
body.
The interviewer, H.W.
Brands, is the author
of several highly
acclaimed biographies,
including The First
American: The Life and
Times of Benjamin
Franklin, a 2002
Pulitzer Prize
finalist, and T.R.:
The Last Romantic,
a biography of Teddy
Roosevelt. Brands
is now professor of
history at Texas A&M
University.
Brands conducted five
series of interviews
for the Tarlton Law
Library in 1985-1986 as
part of the UT Law
School’s contribution
to the 1986 Texas
Sesquicentennial
Celebration. The
interviews with former
Texas Supreme Court
Chief Justices Robert
Calvert, Joe Greenhill,
and Jack Pope (in the
three-volume Texas
Supreme Court Trilogy),
and with the UT Law
School’s outstanding
dean, Page Keeton, have
already been published
by the Jamail Center
for Legal Research.
The editor of the
Tarlton Law Library
Legal History Series is
Michael Widener, Head
of Special Collections
at the Jamail Center
for Legal Research.
This publication (and
all other
Jamail Center
publications) can
be ordered on the web,
or by contacting the
Publications
Coordinator
(Publications
Coordinator, Jamail
Center for Legal
Research,University of
Texas School of Law,
727 East Dean Keeton
St., Austin, TX
78705-3224; phone
512/471-7726; fax
512/471-0243).
Pembroke Center
Postdoctoral
Fellowships
In 2003-04, the
Pembroke Seminar for
Teaching and Research
on Women, at Brown
University, will
explore the subject of
shame and related
sentiments. The
seminar leader will be
David Konstan, Chesler-Mallow
Senior Faculty Research
Fellow, Pembroke
Center; John Rowe
Workman Distinguished
Professor of Classics.
We will look at both
cross-cultural and
historical
manifestations of shame
and congruent concepts.
We will examine the
relationships between
shame and its purported
opposites, such as
honor and pride, and
between shame and its
other, guilt, taking
note of how these
tensions have entered
into the construction
of social ideologies.
In particular,
attention will be
directed to the role of
shame in constructing
differences of gender
and class.
The Seminar will
examine the problem of
comparing emotional and
psychological concepts
in different languages:
how does one determine
whether ancient Latin
“pudor” or modern
Japanese “amae”
corresponds to a given
English term? Did the
concept of shame
undergo important
changes after the
Enlightenment, or with
the advent of
Romanticism? Is
it differently
construed within the
so-called “Western”
tradition and in other
societies? Does
the concept of shame in
modern psychology and
psychotherapy differ
from the way shame is
understood in popular
culture?
How does shame relate
to guilt? Some
psychoanalytically
minded investigators,
following in the
footsteps of Helen B.
Lewis, have treated
shame as the emotion
most destructive to the
self; they have argued
that it is far more
devastating than guilt,
which is limited to a
sense of responsibility
for a specific act.
Guilt invites
reparation; shame
produces a desire to
disappear from view.
Others, particularly
scholars writing in the
Christian tradition,
reverse the priorities
and see guilt as being
both the more advanced
and also the more
profound emotion;
guilt, it is argued,
involves an
interiorized sense of
responsibility and a
developed sense of
self, whereas shame is
a mere reflex to public
opinion. This
latter view received a
boost in
anthropological circles
when Ruth Benedict
launched the
distinction between
shame cultures and
guilt cultures in The
Chrysanthemum and the
Sword. Since
then, there has been a
backlash, particularly
among Japanese
scholars, who have
regarded the
privileging of guilt as
a manifestation of
Western arrogance. Is
there in fact a
trans-historical
distinction between
shame and guilt?
One of the fundamental
anthropological
constructs,
particularly in the
study of Mediterranean
cultures, has been the
polarity of shame and
honor. In this
context, shame is both
sexualized and
differentiated
according to gender:
the shame of a woman
constitutes a blot on
the honor of her
menfolk, who are then
bound to avenge the
slur. Some
scholars have projected
a similar distinction
upon ancient Greek and
Roman societies, while
others have argued that
it was foreign to
classical culture.
What is the origin of
this construct?
How widespread is it?
What, in particular, is
the relationship
between shame and sex?
Does the distinction
between shame and honor
say as much about
anthropologists’ views
as it does about those
of the cultures under
investigation?
Today, it is
commonplace to describe
pride as the opposite
of shame. Yet in
many languages, pride
(or the nearest
equivalent) is a
negative idea (as in
“pride goeth before a
fall”), and no positive
equivalent seems to
exist. Is the idea of
pride as self-esteem a
modern innovation, and
is the corresponding
notion of shame as a
negative or unhealthy
sentiment equally
specific to modern
cultures? We still
think of “shameless” as
an insult; ought people
to have shame? Is
there a difference
between a sense of
shame and being
ashamed? Do there
exist corresponding
differences in other
cultural and linguistic
traditions? How
necessary is shame to
morality?
Finally, what are the
politics of shame?
How is it exploited in
the media? The
seminar will also
consider the effects of
modern technology on
shame: what does it
mean to have access to
chemical means of
reducing feelings of
shame? How and when did
shame become
pathologized? Who
feels shame, and why?
For additional
information contact
Elizabeth A. Barboza,
Center Manager, or see
the
Pembroke Center website.
H-Law
ASLH members who are
not subscribers to
H-Law, the ASLH
electronic list, should
sign up to receive
latest society
announcements and other
news of interest to
legal scholars.
For complete
information on how to
join H-Law, go to the
ASLH/H-Law website:
http://www2.h-net.msu.edu/~law/.
The web site has
information about ASLH
meetings, an index to
Law and History Review,
past newsletters, book
reviews, and an archive
of links to websites of
interest to legal
scholars.
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