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AALS. See Association of American Law Schools ABA. See Cambridge University Press 978-0-521-80306-9 - The Long Nineteenth Century (1789-1920) Edited by Michael Grossberg and Christopher Tomlins Index More information index AALS. See Association of American Law exclusion from privileges of citizenship Schools and, 361–362, 370, 371 ABA. See American Bar Association health and medicine, in context of, Abbott, Nathan, 54 518–519 Abolitionist movement, 299–304 Adams, Abigail, 373 bibliographic essays, 761–762 Adams, Charles Kendall, 59 Constitutional arguments of, 302–303 Adams, Henry Carter divorcement and, 303 ICC, at, 669 Douglass and, 401 legal education and, 690 economic arguments of, 302 legal liberalism, on, 665 fragmentation of, 301 railroads, on, 660, 669 fugitive slaves and, 303 trusts, on, 660, 661 graphic imagery, use of, 401–402 Adams, John growth of, 300–301 Abigail and, 373 habeas corpus and, 299–300 federal courts and, 124 historical background, 299 legal education, on, 39 immediatism, 300 legal profession, on, 84 indirect methods of, 400 military law under, 572 legal strategies, 299 Adams, John Quincy media, use of, 300 election of, 9 minstrel shows and, 402 infrastructure, on, 19 morality, appeals to, 401 Jackson and, 575 nullification and, 302 marriage of Jackson and, 253–255 overview, 298–299 Adamson Act, 542 popular culture and, 400 Administrative Office of the U.S. Courts, Quakers and, 373 594 secession of free states and, 301–302 Administrative state social inclusiveness of, 400–401 Bureau of Indian Affairs and, 382 Southern response to, 301 exclusion from privileges of citizenship Stowe and, 401 and, 381–382 territorial expansion and, 303–304 Freedmen’s Bureau and, 382 Abortion Fugitive Slave Act of 1850 and, 382 AMA on, 275, 362, 365, 383, 384 ICC and, 381, 382, 527 demographics and, 275–276 immigration and, 382 823 © Cambridge University Press www.cambridge.org Cambridge University Press 978-0-521-80306-9 - The Long Nineteenth Century (1789-1920) Edited by Michael Grossberg and Christopher Tomlins Index More information 824 Index Administrative state (cont.) national standards for legal education legal liberalism and, 672 and, 36 Native Americans and, 220 overview, 56 post-World War I period, during, political power of, 66–67 693–694 standardized education system, search Progressives and, 650–651, 652–653, for, 57 672–673 standards for admission, focus on, 49, rise of, 665 56–57 segregation and, 382 American Colonization Society, 180 World War I, impact of, 692–693 American Indian Movement, 242 Adoption of children, 267–268 American Judicature Society, 117, 118 Adultery, 405 American Medical Association (AMA) African-Americans ABA compared, 49, 66 disenfranchisement of, 349 abortion, on, 275, 362, 365, 383, 384 Free Blacks (See Free Blacks) health insurance and, 680 Freedmen (See Freedmen) American Social Science Association, 49 law schools, in, 64 American Society for the Free Persons of legal profession, in, 86 Color, 300 “passing” as white, 367–368 American Tobacco Company, 480, 663 police, in, 142 Ames, James Barr slavery (See Slavery) Gregory and, 59 women, violence against, 369–370 Harvard, at, 53 Agency law and automobiles, 524–525 legal education and, 57 Agnew, Daniel, 378 treatises, 44 Agricultural production, 461–462 Andrews, Steven Pearl, 273 Agriculture, Department of, 320, 474 Angell, Joseph K., 43, 44 Alaska Native Brotherhood, 238 Anglicans, 423 Alaska Native Sisterhood, 238 Anomalous zones, 628–629 Alcott, Louisa May, 411, 415 Ansell, Samuel, 585–588, 589, 590, 591 Alger, Horatio, 379, 412–413 Anti-Federalists. See Democrats Algiers, 623 (Jeffersonian) Alien and Sedition Acts of 1798, 136, 172, Anti-Saloon League, 445 450, 453, 684 Antitrust law, 480–481, 513–514, Alien Tort Claims Act of 1789, 622, 635 538–541, 551. See also Trusts Alienage, discrimination based on, Clayton Act (See Clayton Act) 195–196. See also Citizenship; Sherman Antitrust Act (See Sherman Immigration Antitrust Act) All Indian Pueblo Council, 239 Appeals Allen, Macon Bolling, 86 appellate courts (See State courts) Allen, William, 265 Courts of Appeals, United States, American Anti-Slavery Society, 11, 300, 125–126, 656 301, 400 criminal law, in, 153 American Bar Association (ABA) military justice, in (See Military and court reform and, 118 law) early years, 56 Appellate courts. See State courts formation of, 49 Apportionment, 6 Judiciary Act of 1891 and, 125 Apprenticeship law schools, on, 57, 63 abuses, 39 military commissions, on, 602–603 costs of, 38 © Cambridge University Press www.cambridge.org Cambridge University Press 978-0-521-80306-9 - The Long Nineteenth Century (1789-1920) Edited by Michael Grossberg and Christopher Tomlins Index More information Index 825 dominance of in Early Republic, 37 product liability and, 522–524 drawbacks of, 79–80 regulation of, 522 English law, transplant from, 37 tort law and, 522 examinations, 38 flexibility of, 40 Bacon, Matthew, 41 lack of coherency, 39 Baker, Newton, 586 lack of standards, 38 Baldwin, Henry, 217, 218, 491 local nature of, 79 Baldwin, Joseph, 38, 65 marriage of Freedmen and, 270 Ballard, Martha, 369, 371–372 overview, 37, 78–79 Bank of North America, 452 rules governing, 37–38 Bank of the United States, 17, 19, 454, 459 strengths of, 39–40 Bankruptcy, 458 Arbitration, 76 Commerce Clause and, 537 Armed Occupation Act of 1842, 30 federal court cases, 127 Army Corps of Engineers, 19 railroads and, 510–511 Arnold, Matthew, 388, 391, 449 Bankruptcy Act of 1841, 458, 537 Article III courts. See Federal courts Bankruptcy Act of 1898, 474, 476, 510 Articles of Confederation Banks citizenship and, 170–171 antebellum period, during, 17–18 comity under, 170, 174 Bank of the United states, 17 judiciary under, 453 “free banking” laws, 17–18 Articles of War. See Military and law imperialism and, 640 Ashcroft, John, 574, 602 rise of capitalism and, 454–455 Asiatic Exclusion League, 193 Baptists, 420, 422, 423, 424, 425, 438 Association of American Law Schools Bar associations, 49 (AALS) Barbary Wars, 623–624 attitude of law schools toward, 58 Bastards. See Illegitimate children formation of, 57–58 Beadle and Adams, 387, 411 national standards for legal education Beale, Joseph, 54 and, 36, 66 Beecher, Catharine, 403 Association of the Bar of the City of New Beecher, Henry Ward, 387, 392 York, 49 Beecher, Lyman, 425 Assumption of risk, 358–359, 480, Beef Inspection Act, 400 507–508, 548 Belknap, Michael, 602 Atkyns, John Tracy, 42 Bentham, Jeremy, 612, 613 Atrocity cases, 600–602 Berlin, Congress of, 607 Attorneys. See Legal profession Berne Convention, 502 Austin, Benjamin, 76, 96 “Best interests of child” standard, 264–266 Austin, J. L., 389 BIA. See Bureau of Indian Affairs Automobiles, 521–525 Bill of Rights accidents, 521–522 common law foundation of, 564 agency law and, 524–525 religion and, 417 bibliographic essays, 801 states, lack of incorporation to, 139–140 common carrier analogy, 521 Birth control enterprise liability and, 524 Comstock laws and, 276 importance of, 521 maternalism and, 275 insurance, 525 Bishop, Joel Prentice, 258 overview, 528–529 Black, Henry Campbell, 547 privity of contract and, 522–524 Black, Jeremiah, 582, 625 © Cambridge University Press www.cambridge.org Cambridge University Press 978-0-521-80306-9 - The Long Nineteenth Century (1789-1920) Edited by Michael Grossberg and Christopher Tomlins Index More information 826 Index Black Codes organized labor, on, 677 apprenticeship and, 270 privacy, on right of, 500 domestic law and, 338–339 Progressive, as, 650, 653 marriage and, 338–339 protectionism and, 470 Northern state laws compared, 337–338 trusts, on, 660, 661 overview, 349, 354, 355 women, on, 474 Reconstruction compared, 337 Brewer, David J. rise of capitalism and, 469 antitrust law, on, 541 slavery contrasted, 327 citizenship, on, 189 wage labor and, 341–342 fellow servant rule, on, 479 women and, 339, 340 Insular cases and, 691 Blacks. See African-Americans labor injunctions, on, 668 Blackstone, William religion, on, 438 abortion and, 518 British Levant Trading Company, 624 American editions of treatises, 93 Brockway, Zebulon, 164 apprenticeship, use of Commentaries in, Brooks, Preston, 308 79 Brosman, Paul, 596 domestic law, on, 245, 277 Brougham, Lord, 101 ethics, on, 42 Brown, Charles Brockden, 411 forms of action, on, 536 Brown, Henry B., 691–692 husband and wife, on (See Husband and Brown, John, 308 wife) Brown, Joseph, 325 illegitimate children, on, 266 Brown, William Wells, 285 marriage, on, 251–252, 348, 402 Brown University, 45 master and servant law, on, 535 Bryan, William Jennings, 442, 447 Oxford, at, 45 Bryant, Edwin E., 59 property law, on, 451 Buchanan, James teaching of, 38, 39 Dred Scott case and, 131, 310 treatises, 40–41 expatriation, on, 624 women’s property, on, 262 Utah Expedition and, 31–32 Blaine, James G., 426 Buffalo Bill, 414 Blaine Amendments, 427 Buntline, Ned, 414 Blair, Montgomery, 309 Bureau of Immigration, 382 Blasphemy, 8, 427–428 Bureau of Indian Affairs (BIA) “Bleeding Kansas,” 308 administrative state and, 382 Boone, Daniel, 394, 413, 414 creation of, 26 Borden, Lizzie, 412 expenditures by, 240 Border Patrol, 198, 200 marriage and, 252 Bounty hunters and fugitive slaves, 306 plenary power doctrine and, 686–689 Bourne, Randolph, 692 regulation of Native Americans by, 238, Boxer Rebellion, 637 241 Bradley, Joseph P., 378, 379, 544, 564, reservations and, 382 667 Bureaucratism, 444 Bradwell, Myra, 86, 104, 115, 477 Burke Act, 235, 239 Brandeis, Louis Burlamaqui, Jean Jacques, 41 administrative state and, 527 Burlingame Treaty, 186, 616 attorney, as, 472 Burr, Aaron, 46 “bigness,” on, 478, 480, 664 Bush, George W., 602 Clayton Act, on, 679 Butler, Benjamin, 322 © Cambridge University Press www.cambridge.org Cambridge University Press 978-0-521-80306-9 - The Long Nineteenth Century (1789-1920) Edited by Michael Grossberg and Christopher Tomlins Index More information Index 827 Butler, Charles, 42 Jacksonian Democrats and, 454 Butler, Elizur, 217 Jeffersonian Democrats and, 453 “Bystanders” and fugitive slaves, 306 judicial review and, 454 juries and, 456–457 Cable Act, 364, 632 Kentucky Resolution, impact of, Calamity Jane, 414 450–451 Calhoun, John C.
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