1878-1899: Law and Justice: Publications

John Peter Altgeld, Our Penal Machinery and Its Victims (Chicago: McClurg, 1886);

Altgeld, Reasons for Pardoning Fielden, Neebe, and Schwab (Chicago: s.n., 1893) — Altgeld, a critic of the American legal system, was elected governor of Illinois in 1893. He pardoned the surviving men convicted of the 1886 Haymarket bombing;

Hampton L. Carson, The Supreme Court of the United States: Its History, 2 volumes (Philadelphia: A. R. Keller, 1892);

James C. Carter, The Proposed Codification of Our Common Law (New York: M. D. Brown, 1884) — New York lawyer Carter was a harsh critic of attempts to replace common law with legal codes adopted by legislatures;

Carter, The Provinces of the Written and the Unwritten Law (New York: Banks & Brothers, 1889);

R. Floyd Clarke, The Science of Law and Lawmaking: Being an Introduction to Law, a General View of its Forms and Substance and a Discussion of the Question of Codification (New York: Macmillan, 1898);

William W. Cook, Treatise on the Law of Corporations Having a Capital Stock (Chicago: Callaghan, 1898);

Cook, Treatise on Stock and Stockholders, Bonds, Mortgates, and General Corporation Law (Chicago: Callaghan, 1889);

Cook, “Trusts.” The Recent Combinations in Trade, Their Character, Legality and Mode of Organization (New York: L. K. Strouse, 1888);

Thomas M. Cooley, The Elements of Torts (Chicago: Callaghan, 1895);

Cooley, The General Principles of Constitutional Law in the United States (Boston: Little, Brown, 1880) — Cooley, first chairman of ICC Believed federal regulatory power was limited;

Cooley, A Treatise on the Law of Torts: or the Wrongs which Arise Independent of Contract (Chicago: Callaghan, 1879);

Henry M. Field, The Life of David Dudley Field (New York: Scribners, 1898) — Biography of proponent of uniform legal code, and brother of Justice Stephen Field;

Ernst Freund, The Legal Nature of Corporations (Chicago: University of Chicago Press, 1897);

John Chipman Gray, Restraints on the Alienation of Property (Boston: C. C. Soule, 1883) — Boston lawyer, Harvard law professor, and brother of Justice Horace Gray believed states had only limited power over private property;

Gray, The Rule Against Perpetuities (Boston: Little, Brown, 1886);

Gray, Select Cases and Other Authorities on the Law of Property (Cambridge, Mass.: C. W. Sever, 1888-1892) — six volumes of cases on property for Professor Gray’s law students;

Charles M. Hepburn, The Historical Development of Code Pleading in American and England (Cincinnati: W. H. Anderson, 1897);

Oliver Wendell Holmes Jr., The Common Law (Boston: Little, Brown, 1881) — Holmes’s treatise on nature of law and society;

William F. Howe and Abraham Hummel, In Danger, or Life in New York: A True History of the Great City’s Wiles and Temptations: True Facts and Disclosures (New York: J. S. Ogilvie, 1888) — New York criminal lawyers wrote this exposé to show folly of hiring lawyers other than themselves, and to advertise their clients’ brothels, gambling dens, and other businesses;

J. H. Hubbell, ed., Hub bell s Legal Director for Lawyers and Businessmen (New York: Hubbell, 1870-) — guide to the legal profession;

William Kent, Memoirs and Letters of James Kent (Boston: Little, Brown, 1898) — biography of Kent, leading judge in New York early in the nineteenth century;

Cesare Lombroso, The Man of Genius (New York: Scribners, 1891) — Lombroso, an Italian criminologist, probed links between psychology and criminal behavior, trying to find alternative solutions to imprisonment;

Lombroso and William Ferrero, The Female Offender, introduction by W. Douglas Morrison (New York: Appleton, 1895);

David McAdam, ed., The Act to Abolish Imprisonment for Debt, and to Punish Fraudulent Debtors, Commonly Called the “Stilwell Act” (New York: E. G. Ward, 1880);

McAdam, The Rights, Duties, Remedies, and Incidents Belonging to and Growing out of the Relation of Landlord and Tenant (New York: G. S. Diossy, 1882);

Victor Morawetz, The Law of Private Corporations, 2 volumes (Boston: Little, Brown, 1886);

Aaron M. Powell, State Regulation of Vice: Regulation Efforts in America (New York: Wood & Holbrook, 1878) — account of attempts to regulate prostitution, pornography, and gambling;

Henry Taylor Terry, Some Leading Principles of Anglo-American Law Expounded with a View to its Arrangement and Codification (Philadelphia: T. & J. W. John Johnson, 1884);

James B. Thayer, Cases on Constitutional Law. With Notes (Cambridge, Mass.: C. W. Sever, 1894-1895) — Harvard law professor assembled this “case book” for law students;

Thayer, The Dawes Bill and the Indians (Boston: Reprinted from the Atlantic Monthly, 1888) — Thayer was critical of Dawes Bill and its alienation of Indian land;

Thayer, A Preliminary Treatise on Evidence at the Common Law, 2 volumes (Boston: Little, Brown, 1896-1898);

Christopher G. Tiedeman, An Elementary Treatise on the American Law of Real Property (Saint Louis: F. H. Thomas, 1884);

Tiedeman, The Income Tax Decisions as an Object Lesson in Constitutional Construction (Philadelphia: American Academy of Political and Social Sciences, 1895);

Tiedeman, A Treatise on the Limitations of Police Power in the United States (Saint Louis: F. H. Thomas, 1886);

Theodore D. Woolsey, Divorce and Divorce Legislation, second edition revised (New York: Scribners, 1882) — Woolsey founded a divorce-reform league, fearing that easy divorces contributed to moral decline and social decay.