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A Bibliography on the History of the Organization And

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A Bibliography on the History of the Organization And A BIBLIOGRAPHY ON THE HISTORY OF THE ORGANIZATION II AND JURISDICTION OF STATE COURTS, THE NATIONAL CENTER FOR STATE COURTS Prepared by Erick Baker Low Associate Li btar ian August 30, 1980 I I I A significant body of literature on the origins and develop- i, \' ment of state courts and state court systems lies scattered throughout a variety of likely and unlikely sources. Changes in court structure and jurisdiction can be traced and examined in news items announcing the formation of new forums, in reminiscences of jurists, in brochures and monographs prepared by court--administratorsas public information releases, in studies conducted by historians, judges, or members of the bar, and occasionally in multivolume historical treatises and * dissertations. The purpose of this bibliography is to provide reference to this large variety of materials and to suggest areas where additional historical research is needed. Historical literature on courts and other forums of dispute resolution is very rich in some states and sadly lacking in \ others. Some consideration has been given by scholars in the past to providing brief, standardized histories of each state court system, but short summaries could not adequately describe the textured history of the colonial courts or sufficiently trace the rise of justice in the courts of the territories. This is a preliminary bibliography. Many of the items on this list have not been personally examined or evaluated. Titles have been included if they (1) purport to give historical I information, (2) appear to provide historical information, (3) .I describe the jurisdiction of courts, especially courts of ! limited or special jurisdiction or courts prior to 1900, or (4) detail recent changes in court organization or describe the I' '> I birth of new courts. The emphasis of this bibliography is upon historical sources that focus upon the origin and development of state courts. Historical sources that focus upon the careers of jurists have not been included. Likewise, the following types of material have been excluded from this preliminary bibliography: (1) I I procedural manuals, (2) descriptions of courthouses, (3) compilations of early court records, (4) reminiscences of individual justices. A11 of these materials are of invaluable assistance to historians in the process of compiling histories of state courts, but they present too wide a range of investiga- I tion for this bibliography. Many of the titles included in this bibliography were drawn from bibliographies by Fannie J. Klein, The Administration of Justice in the Courts and Judicial Administration and the Legal Profession. A large number of other entries were taken from Herta Prager and William W. Price's Bibliography on the History of the Courts of the Thirteen Original States, Maine, Ohio and Vermont, which was published in 1957. Larry M. Boyer's Frontier I Justice, published in 1979 by the Library of Congress, Law , Library, provided material on central and western states. This I preliminary bibliography expands and updates the information presented by previous researchers and provides a starting point for persons interested in obtaining information on the history of for I state courts. The compiler welcomes suggestions further research and notification of specific materials not included in the present list. ! GENERAL Bakken, English Common Law in the Rocky Mountain West, 11 Arizona and the West 109 (Summer 1969). Bakken, Judicial Review in the Rock Moun ta in Tear i tor i a 1 Courts, 15 Am. J. Legal Hist. 56 9/11. Baldwin, The Pioneer Bench and Bar, 27 Brief 82 (1932). Blum, Conciliation Courts: Instruments of Peace, 41 Calif. St. B. J. 33, 42 (1966). [History of conciliation courts recounted.] Blume & Brown, Digests and Lists Pertaining to the Development of Law and Legal Institutions in the Territ'ories of the Dnited States: 1/81- 1934 (1960). Blume, Circ,uit Court and the Nisi Prius System; the Making of an Appellate Court, 38 Mich. L. Rev. 289 (1 940). [Evolution of court systems of Northwest Territory, Indiana Territory, Michigan State; emphasis on appellate systems.] B1.ume, Lep,islation.on the American Frontier: Adoption of Laws by Governor and Judges--Northwest Territory 1788-1798 ; 'Indiana Territory 1800- 1804 ; Michigan Territory 1805-1823, 60 hch. L. Rev. 311 (1962). Booz, Allen & Hamilton Inc., Excerpts,from: Final Reports on th,e Unified Trial Court Feasibility Study and the California Lower Court Study (1971). [Submitted to Judicial Council of California; contains "Summary of Court Reorganization Activities in Other States."] Boyet, The Justice of the Peace in England and Amer,ica from 1506 to 1776 : A Bibliographic History, 34 Q. J. Lib. Cong. 315 (1911). Larry Boyer, Frontier Justice (Law Library, Library of Congreqs 1979). Bushe, Justice in the Colonies, 85 L.J. 182 (1938). Caughey, Their Majesties the Mob: Vigilantes Past and Present, 26 Pac. Hist. Rev. 21/ (195/). Cayton, Small Claims and Conciliations Courts, 205 Annals 57 (1939). [History noted.] 1 Chipman, Judicial Proceedings in New Spain, an Addendum to the Harkness 1531 H uejotzingo Codex, 35 Q . J. Lib. Cong. 2/ (1918) Cullen, The Tennessee County Courts under the North Carolina and Territorial Governments: The Davi-dson County Court of Pleas and Quarter Sessions, 1783 - 1/96, as a Case Study, 32 Vand. L. Rev. ._.(1919) Davis, Court Reform in the Navajo Nation, 43 J. Am. Jud. Soc'y 52 (lm9). [Establishment of tribal trial court described.] Wi lliam Davis, The New England States, Their Constitutional, Judicial, Educ,at,ional,Commercial, Professional ,and Industrial History (1897). Dobbs, The Unfolding of Law in the Mountain Region, 51 A.B.A. Rep. 1// (1926). Charles Duerr, The Judicial Notary;,aYistorical Synopsis and a Commentary (Catholic U. of Amercia Press 1951). Duponceau, Dissertation on the Nature.and Extent of the Jur i s d ic t2n 8 24 ) Dyson & Dyson, Family Courts in the United States, 8 J. Fam. L. 505; 9 'J. Fam. L. 1 (1968- 69). [Background of courts reviewed.] Richard Ellis, The, Jeffersonian Crisis: Courts and Politics in , the Young Repub1,ic (19/4). Ewing, Jr., Justice of the Peace--Bedrock of Democracy, 21 Tenn. L. Rev. 484 (1950). [History and background in England and America described.] Fair, State Intermediate Appellate Courts:, An Introduction, 24 W. Political Q. 415 (1971). 2. [Historical development of intermediate appellate courts outlined.] Fairchild, Reefs and Shoals of Colonial Justice, 23 New Eng. Q. 339 (19501. Henry Foote, The Bench and Bar of the South and Southwest (Soule, Thomas & Wentworth 1876). [Brief court history included.] 2 . i Fullerton, Courts in the Quapaw Country, 4 Indian Territory B. A. Proc. 63 (1903). Givens, The Creek Courts, 4 Indian Territory B. A. Proc. 43 (1903) . [Establishment of Creek courts in 1850 following resettlement described. J Glick, State Court Organization, 70 Current Hist. 253 (1976). Glick 6 Vines, State Court Systems (Prentice-Hall 1973). - [Hisfory andPdevelo-p6ent-of s'kate courts described. ] Glick, The System of State and Local Courts, 60 Current Hist. 341 (19/1). D. Gould, Staff Report on the Small Claims Court (National Institute for Consumer Justice 1573). [History of small claims courts in Boston, Philadelphia, and Detroit described.] . J. Guice, The Rocky ,Mountain Bench: The. Territorial. Supyeme Courts of Colorado, Montana and Wyoming (1972). 'ress LY12). Harvey, Early Administration of Justice in the North West, 1 Alberta I.,. Q. 1 (19 34). Hastings, The Cherokee Courts, 4 Indian Territory B. A. Proc. 39 (1903). [Establishment of courts in the Cherokee Nation in 1839 and their abolishment by act of Congress in 1898 discussed.] Hindus, Contours of Crime and Justice in,Massachusetts and South Carolina, 1/6*1-1078 , 21 Am. J. Legal Hist. 212 (1977) Michael Hincius, Prison and Plantation: Crime, Justice and Authoritv in Massachusetts and South Carolina. 1767-1878 Michael Hindus, Prison ana Plantation: Criminal Justice in Nineteenth-Century Massachusetts and South Carolina (1975). James Hurst, Law and th.e Conditions ,of,.Fr,eedom in the Nineteenth-Century Un,ited States (Univ. of Wisconsin Press 1456) 3 [Claims associations in frontier central and midwestern states with elected officers to record claims and decide disputes are described.] Hurst, Uses of Law i,n Four "Colonial" States of the American Union, ??1945?? Wis. L. Rev. 577 ( 1945).d Bradley Johnson, Why the Confederate States of America Had No Supreme Court: A,S,ymposium [in- Southern History Association Publications 1906, v.4. I. Leonard Jones, Memoirs of the Judiciary and the Bar of New Eng1and;for. th.e.-Nineteenth Century; with. a ,History of the Judicial System of, New England (1900 .C P. Jordan, Frontier Law and Order (14'70). Kagan, The Evolution of State Supreme Courts, 76 Mich. L. Rev. 961 (1978). Kenyon, Legal Lore of the Wild' West:' A Bibliographical Essay, 56 Calif. L. Rev. 681 (1968). [Short essays on the courts inc-luded.]. 7 . .. Kohle, The Spanish. Colonial Judic-iary 32 Sw. SOC. Sci. Q. 26 (:1'951) .' ?- -. - Langum, Pioneer Justice on the Overland Trails, 5 W. Hist. Q. 421 (18/4). L Lorrett Norris, American Colonial Cour.ts and Lawyers (1976). Herbert Parker, Courts and Lawyers qf. ,Nett England (1931). Pittman, Emancipated Judici.ary in ,&ner.i.ca: .Its Colonial and Constitutional, H.isrorx, 3/ A. B. A. J. 485 (1351). Pittman, Supremacy of the Judiciary: ,A Study of PfeConstitutional History,- 49._ -A. B. A. J. 389- (1954). Arie Poldervaart, Black-,Robed. _.Justice (Arno Press 1976) 1. ' [copyright 19481. R. Pound, Organization of Courts (Little, Brown 1940). [Early colonial, federal, and state courts described; bibliography.. ] Pra er & Price, A Bibliogr.aphy.gn theHistory o,f the Courts of t 1e Thirt'een Original States, Maine; Ohio and Vermont, 1 Am. J. Legal Hist. 336 (195/) , cont., 2 Am. J. Legal Hist. 35, 148 (1958). 4 John Reid, A ,Law of Blood: The Primitive Law of the Cherokee Nation (New York Univ.
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