<< back ASLH 1999 Annual Meeting
Toronto Ontario :: October 21-23, 1999
Thursday, October 21, 1999
3:30-6:00 p.m.
Registration5:30 p.m.
Opening Reception7:30 p.m.
Board of Directors Meeting
Friday, October 22, 19997:15 a.m.
Complimentary Continental BreakfastSession 1: 7:30 a.m. - 8:30 a.m.
Celebrating Cohen:
Legal History, Legal Literature, and the Bibliographic EnterpriseChair:
Ann Fidler, Ohio UniversityPresenters:
"Morris Cohen's Bibliography of Early American Law and its Precursors"
David Warrington, Harvard Law School Library"Practicalities of Legal Bibliographical Research"
Balour Halevy, Osgoode Hall Law School, York University"'Not in Cohen': Classification and Accountability in the Poststructuralist Academy"
Daniel Cohen, Florida International UniversityComment:
Morris Cohen, Yale University Law SchoolLearning from Lincoln:
New Tools for Researching Local HistoryChair:
Michael Grossberg, Indiana UniversityPapers:
John A. Lupton, Lincoln Legal Papers Springfield, IL
Daniel W. Stowell, Lincoln Legal Papers Springfield, IL
Discussion:
Andrew J. King, University of Maryland School of Law
Maeva Marcus, Documentary History of the Supreme Court of the United States
William J. Novak, University of Chicago
Session 2: 8:45 a.m. - 10:15 a.m.
The Idea of Equity in Income Tax: Continuity and Change
Chair:
Daniel Ernst, Georgetown University Law CenterPapers:
"Taxing the Rich in Twentieth-Century America: The Search for Balance between Growth and Equity"
W. Elliot Brownlee, University of California, Santa Barbara"Designing a Paradigm: The 1948 Revenue Act, Horizontal Equity, Tax Reduction, and Joint Filing"
Dennis Ventry, University of California, Santa Barbara"Religious Views of Tax Justice"
Carolyn C. Jones, University of Connecticut School of LawComment:
Daniel Shaviro, New York University School of Law
The Warren Court and the Countermajoritarian Problem
Chair:
Mark Tushnet, Georgetown University Law CenterPapers:
"The Warren Court's 'Countermajoritarian' Decisions: The Birth of an Academic Obsession"
Barry Friedman, Vanderbilt University School of Law"Neither Hero Nor Villain: The Supreme Court, Race, and the Constitution in the Twentieth Century"
Michael Klarman, University of Virginia School of LawComment:
Mary L. Dudziak, University of Southern California Law SchoolIdeologies, Institutions, and State Formation in the Atlantic World
Chair:
Mary Sarah Bilder, Boston College Law SchoolPapers:
"Legitimation and Political Space under the Tudor and Stuart Crowns, c. 1550-1700"
Michael J. Braddick, University of Sheffield"Negotiating the Empire, Protecting the State"
Elizabeth Mancke, University of Akron"The Declaration of Independence and International Law"
David Armitage, Columbia UniversityComment:
Christopher Tomlins, American Bar FoundationRadicals, Reformers, and the Rule of Law in the Early American Republic
and the Colonies of the Second British Empire, 1790-1830Chair:
Walter Walsh, University of Washington School of LawPapers:
"Migration, Radicalism, and State Security: Legislative Initiatives in the Canadas and the United States, c. 1794-1804"
Barry Wright, Carleton University School of Law"The Rule of Law and Irish Whig Constitutionalism in Upper Canada: The Life and Influence of William Warren Baldwin"
John McLaren, University of Victoria School of Law"Rhetoric, Reason, and the Rule of Law in Early Colonial New South Wales"
Ian Holloway, The Australian National University School of LawComment:
Walter WalshThe State of the Evidence in Early English Literature:
Conventional Historiography and the Emergence of New PerspectivesChair: TBA
Papers:
"Margery Kempe and the Voice of the Law"
Mark Amsler, University of Delaware"Civil Death in Venice and Belmont: Shakespeare's Trial of Contract"
Elizabeth Fowler, Yale University"The Lover as Lawyer in Chaucer's Knight's Tale"
Richard Firth Green, University of Western OntarioComment: TBA
Session 3: 10:30 a.m. - 12 p.m.
Law and Justice on the Frontier
Chair:
Kermit Hall, North Carolina State UniversityPapers:
"Law in the Mining Camps of California"
Martin Ridge, Huntington Library"Images of Law and Order in the Legal Culture of the Kootenays, 1870-1914"
Louis Knafla, University of Calgary"Crime, Violence, and the Fiction of Order in British Columbia's Peace River Country, 1930-1950"
Jonathan Swainger, University of Northern British ColumbiaComment:
John Philip Reid, New York University Law School
Christopher English, Memorial University of NewfoundlandLaw and Politics in Early Modern France
Chair:
James Gordley, University of California, Berkeley School of LawPapers:
"Legislation in Early Modern France: A Judicial Formula for National Sovereignty"
Sarah Hanley, University of Iowa"The Constitution and the Nation in Old Regime France"
David Bell, Johns Hopkins UniversityComment:
Keith Baker, Stanford University
Donald R. Kelley, Rutgers University
Cases in Point: Using Microhistories in the Writing of British Legal History, c. 1740-1864
Chair:
John Beattie, University of TorontoPapers:
"The Cruel Mistress: Elizabeth Branch and Representations of the Murderous Mistress in Eighteenth-Century England"
Amy Masciola, University of Maryland"The Metropolitan 'Monster': Renwick Williams"
Greg Smith, University of Toronto"The 'Unwritten Law' in Nineteenth-Century England: The Trials of Annette Meyers and George Hall"
Martin Wiener, Rice UniversityComment:
Cynthia Herrup, Duke University
The Marriage Contract in Nineteenth-Century England and the United StatesChair:
Hendrik Hartog, Princeton UniversityPapers:
"Nineteenth Century Incompatibility Statutes and the Expectations Of Marriage"
Naomi Cahn, George Washington University Law School"Contracts in Conflict: The Economic Obligations of Marriage in the Nineteenth -Century South"
Emily Field Van Tassel, Case Western Reserve University"Wifely Behavior: Charlotte Fixel and the Demise of Common Law Marriage in New York State"
Ariela Dubler, Yale University"Uncovering Extra-Legal Marriage in Nineteenth-Century America: Public Policy, the Pension System and the Regulation Of the Family"
Beverly Schwartzberg, University of California, Santa BarbaraComment:
Richard Chused, Georgetown University Law Center
Roundtable Discussion on LiberalismDiscussants:
Daniel T. Rodgers, Princeton University
Robert Gordon, Yale Law School
Duncan Kennedy, Harvard Law School
Dorothy Ross, Johns Hopkins UniversityComment: The Audience
Session 4: 1:30 p.m. - 3:00 p.m.
The Idea of Natural Rights
Chair:
Richard FraherPapers:
"The Idea of Natural Rights"
Charles Donahue, Harvard University Law School"The Idea of Natural Rights"
Kenneth Pennington, Syracuse UniversityComment:
Richard Fraher
Brian Tierney, Cornell University
Colonial and Early Republican Latin American Law
Chair:
Jonathan Miller, Southwestern University School of LawPapers:
"The Social History of Family Law in Colonial New Granada"
Victor Uribe, Florida International University"Legal Foundations of the Uruguayan State: Jurisdictional Politics, 1830-1875"
Lauren Benton, Federated History Dept., NJIT and Rutgers University, Newark"Borrowing Private Law in Nineteenth-Century Latin America"
Matthew C. Mirow, South Texas College of LawComment:
Susan Scafidi, Southern Methodist University
Jonathan MillerNegotiating Legal Cultures and Legal Identities in Quebec, 1760-1930
Chair:
Brian Young, McGill UniversityPapers:
"Changes in the Penal Law of Quebec Across and After the Conquest"
Donald Fyson, Universite de Laval"Regulating Public Space in Early Nineteenth-Century Montreal: Vagrancy Laws and Gender in a Colonial Context"
Mary Anne Poutanen, Montreal History Group"Rethinking Marriage, Property, and Cultural Identities in Nineteenth-Century Quebec"
Bettina Bradbury, York University"Gender and the Practice of Juvenile Justice in Quebec: Influences and Orientation"
Tamara Myers, University of WinnipegComment:
Nicholas Kasirer, McGill University
The Holmes Devise
Chair:
Stanley N. Katz, Princeton UniversityDiscussants:
G. Edward White, University of Virginia Law School
Morton J. Horwitz, Harvard Law School
William M. Wiecek, Syracuse University College of LawComment:
John Semonche, University of North Carolina
Sanford Levinson, University of Texas School of LawLegal Contestation, Political Order, and Republican Rhetoric
from the Revolution Through Reconstruction in the United StatesChair:
Ariela Gross, University of Southern California School of LawPapers:
"(Dis)order in the Court: Trial Scenes in Mid-Nineteenth-Century American Art"
Kerry A. Morgan, Stanford University"Bodies, Violence, and Citizenship in the Post-Revolutionary U.S. South"
Laura Edwards, University of California, Los Angeles"Slew v. Whipple and the Pursuit of Freedom in Massachusetts' Revolutionary Courtrooms"
Emily Blanck, Emory UniversityComment: Ariela Gross
Session 5: 3:15 p.m. - 4:45 p.m.
Law and Theology in the New Testament
Chair:
Bernadette Brooten, Brandeis UniversityPapers:
"Jesus and the Law: Steps Towards a Theoretical Approach"
Alan Watson, University of Georgia School of Law"Law, Religion, and the Decalogue"
Calum Carmichael, Cornell UniversityComment:
Bernadette Brooten
Geoffrey Miller, New York University Law SchoolThe Nineteenth Amendment and Constitutional Historiography
Chair:
William Forbath, University of Texas School of LawPapers:
"The Nineteenth Amendment and Questions of Constitutional Interpretation"
Reva Siegel, Yale Law School"Marriage and Women's Citizenship after the Nineteenth Amendment"
Gretchen Ritter, University of Texas at AustinComment:
William Forbath
Frank Michelman, Harvard University School of LawLaw and Political Economy in England, c.1688-1832
Chair:
Timothy Harris, Brown UniversityPapers:
"Law and Political Economy in the Era of the Glorious Revolution"
Steven Pincus, University of Chicago"Economy and Polity in Bentham's Science of Legislation"
David Lieberman, University of California, BerkeleyComment:
Timothy Harris
Wilfred Prest, University of Adelaide, AustraliaCommon Themes:
Segregation Between Plessy v. Ferguson and Brown v. Board of EducationChair:
Howard Gillman, University of Southern CaliforniaPapers:
"Plessy vs. Lochner: The Berea College Case"
David Bernstein, George Mason University School of Law"Beyond Plessy: Race, Status, and Space in the Era of Jim Crow"
Barbara Welke, University of Minnesota"Rock'n' Segregation: Popular Culture, the Supreme Court, and the Fall of Segregation"
Christopher Waldrep, Eastern Illinois UniversityComment:
Melvin Urofsky, Virginia Commonwealth University
Darlene Clark Hine, Michigan State UniversityPositivism, Pluralism, and the Administrative State in Post-War America
Chair:
Hugh Baxter, Boston University Law SchoolPapers:
"Legal Positivism and Legal Process"
Anthony J. Sebok, Brooklyn Law School"The Bridges of Madison's Country: Pluralism and Process in Post-War Legal Thought"
Carl Landauer, Charles Schwab & Co."Enlarging the Administrative Polity: Administrative Law and the Changing Definition of Pluralism, 1945-1970"
Reuel Schiller, University of CaliforniaComment:
Hugh Baxter
Saturday, October 23, 1999
7:15 a.m.
Complimentary Continental Breakfast
Session 1: 7:15 a.m. - 8:15 a.m.
Contesting Legal Definitions in Canadian History
Chair:
Carolyn Strange, Centre of Criminology, University of TorontoPapers:
"Beyond the Insanity Defense: Defining Criminal Responsibility in Canadian Law, 1920-1950"
Kimberley White-Mair, Centre of Criminology, University of Toronto"Constituting the 'Indian': Law, Liquor, and Culture in British Columbia, 1876-1900"
Renisa Mawani, Centre of Criminology, University of Toronto"Winning Deviant Youth Over by Friendly Helpfulness': Transformations in the Legal Governance of Deviant Children, 1857-1908"
Bryna Hogeveen, Centre of Criminology, University of TorontoComment:
Carolyn StrangePrimary Sources for Legal Research:
Overlooked Records in the National ArchivesChair:
Meg Hacker, National Archives-Southwest RegionPapers:
"Bass Reeves: United States Deputy Marshall"
Hon. Paul Brady"The Right to Vote: The Enforcement Acts and Southern Courts"
Barbara Butler Rust, National Archives-Southwest Region
Clarence Lyons, National Archives and Records AdministrationComment:
Meg Hacker
Session 2: 8:30 a.m. - 10:00 a.m.
Critical Race Theory
Chair:
Kenneth W. Mack, Harvard Law SchoolPapers:
"'The Most Valuable Sort of Property': Constructing White Identity in American Law"
J. O. Allen Douglas, Jr., Rutgers University"Scholarly Treatments of Loving v. Virginia"
Adrienne D. Davis, Washington College of Law"'A Certain Blind Spot': The Indian, New Deal, and Pluralism"
Dalia Tsuk, Yale UniversityComment:
Kendall Thomas, Columbia University Law SchoolThe Public Context of Criminal Law
Chair:
Thomas A.Green, University of Michigan Law SchoolPapers:
"The Rhetoric of British Justice in Colonial Reform Movements, 1815-1841"
Jerry Bannister, University of Toronto"'Chaffanbrass' for the Defence?" Advocacy on Trial, 1836-1860"
Allyson May, Independent Scholar"Re-Conceiving 'Public' Execution in Mid-Victorian England"
Simon Devereaux, University of British Columbia, Green CollegeModerator:
Thomas A. GreenThe Contexts of Constitutional Law:
Family, Race, and the StateChair:
David E. Kyvig, Northern Illinois UniversityPapers:
"Family and Constitution in Continental Settlement"
Mark Brandon, University of Michigan"Written Constitutions, Racial Constitutions, and Constitutional Permanence in Nineteenth-Century America"
Michael Vorenberg, Brown University"Law, Autonomy and the Relational Self: A Comparative Approach to Constitutional Protection"
Jennifer Nedelsky, University of TorontoComment:
David E. KyvigInside the Black Box:
The Law of Intracorporate RelationsChair:
Tony Freyer, University of Alabama School of LawPapers:
"Owning Ideas and Owning Employees: The Nineteenth Century Development of Trade Secrets and Covenants Not to Compete And the Rise of Corporate Management of Intellectual Property"
Catherine Fisk, Loyola Law School"A Quiet Revolution: The Declining Power of the Small Shareholder in the Nineteenth Century"
Colleen Dunlavy, University of WisconsinComment:
Tony FreyerJudges and Lawyers in Late Medieval England
Chair:
Sue Sheridan Walker, Northeastern Illinois UniversityPapers:
"Judge Made Law"
Robert Palmer, University of Houston School of Law"The Ambidextrous Lawyer: Conflict of Interest and the Medieval and Early Modern Legal Profession"
Jonathan Rose, Arizona State University School of LawComment:
Richard Helmholz, University of Chicago Law School
Session 3: 10:15 a.m. - 11:45 a.m.
Labor Law and the Rise and Fall of Collective Bargaining in Postwar Canada
Chair:
Harry Arthurs, York UniversityPapers:
"Pluralism or Segmentation? The Legal Regulation of Employment Relations in Canada, 1945-1999"
Judy Fudge, York University
Eric Tucker, York University"Two Labor Regimes: A Comparative Analysis of the Origins, Development, and Divergence of the Canadian and American Labor Relations Systems, 1935-1995"
Laurel Sefton MacDowell, University of Toronto"Why are Canada's Labor Laws More Favorable to Unions?; Or, Not-So-Small Differences that Matter a Great Deal"
John Logan, London School of Economics and Poltical ScienceComment:
Roy Adams, McMaster University
Harry Glasbeek, York UniversityHistoriographic Issues in Legal and Intellectual History
Chair:
James T. Kloppenberg, Brandeis UniversityPapers:
"Theories of History and the History of Free Speech"
David Rabban, University of Texas School of Law"Second Thoughts on Causation in History"
Thomas Haskell, Rice UniversityComment:
James T. KloppenbergLawyers, Politics, and Culture in Historical Perspective
Chair:
Chris Brooks, Durham UniversityPapers:
"English Legal Culture and Governance, 1689-1832: The Failure of Common Law and Lawyers"
David Lemmings, University of Newcastle"Together We Fall, Divided We Stand": The Management of Conflict With the Law Institute of Victoria, 1890-1946
Rob McQueen, La Trobe University"Lawyers, Politics, and Culture in Nineteenth Century England"
Wes Pue, University of British Columbia School of Law"Politics, Culture, and the History of Legal Professions"
David Sugarman, Lancaster University,Comment:
Chris BrooksLaw and Aboriginal Rights
Chair:
Stuart Banner, Washington University School of LawPapers:
"Judging Aboriginal Rights and Obligations: Law and Resistance in the Supreme Court of New South Wales during the Colonial Period"
Bruce Kercher, Macquarie University School of Law"Australian Land, Aboriginal Personhood? Competing Concepts of Property in Colonial New South Wales"
Andrew Buck, University of Newcastle"Mid-Nineteenth Century Reform of the Law of Evidence and Aboriginal Witnesses in Colonial Australia"
Nancy Wright, University of NewcastleComment:
Stuart BannerPersuasion and Formal Justice in Ancient Law
Chair:
Edward Harris, Brooklyn CollegePapers:
"Professional and Amateur Speech in the Athenian Courts"
Victor Bers, Yale University"Aristotle on Procedural Justice in Athenian Courts"
Bruce Frier, University of Michigan"Cicero's Advocacy and the Canadian Heresay Rule"
Alex Kurke, Thorneloe College of Laurentian University"The Court on the Hill: Areopagos and the Classical Athenian Legal System"
Adriaan Lani, University of Michigan and Yale Law School"Witnesses in Athenian Courts"
David Mirhady, University of CalgaryComment:
Edward Harris
Session 4: 2:00 p.m. - 3:30 p.m.
Sexuality and the Law in the United States and Canada
Chair:
Mary Louise Adams, Queen's UniversityPapers: "Obscenity Law and the Regulation of Sexual Representations in Ontario"
Bruce Ryder, York University"Courting Respectability in the Sexual Revolution, 1965-1973"
Marc Stein, York University"Age of Consent Laws and the Re-regulation of Homosexuality"
Kate Sutherland, York University"Regulating Sexual Offences in British Columbia, 1885-1940"
Dorothy Chunn, Simon Fraser UniversityModerator:
Mary Louise AdamsLaw and Dangerous Stuff
Chair:
Lawrence Friedman, Stanford Law SchoolPapers:
"Legal Control of Liquor in the United States before National Prohibition, 1776-1920"
Richard Hamm, University at Albany"Devices and Desires: Contraceptives in the Age of Comstock"
Andrea Tone, Georgia Institute of Technology"The Regulation of Firearms, 1865-1939"
Michael Bellesisles, Emory UniversityComment:
Lawrence FriedmanAfro Latinas/os and Racial Formation
Chair:
Gilbert Holmes, Texas Wesleyan University School of LawPapers:
"Race, Racism, and Racial Categories in Cuba"
Tanya K. Hernandez, St. John's University School of Law"Toward a Genealogy of the Legal Construction of Race in Puerto Rico"
Charles R. Venator Santiago, University of Massachusetts, Amherst"Afro-Mexicans and the Construction of 'Mexicans'"
Taunya Lovell Banks, University of Maryland School of LawComment:
Kevin R. Johnson, University of California at Davis School of Law
Robert J. Cottrol, George Washington University Law SchoolLochnerism Redux: World War I and the Taft Court
Chair:
Sandra Van Burkleo, Wayne State UniversityPapers:
"Lochnerism Redux"
Robert Post, University of California, Berkeley, School of Law"125 Years after Slaughterhouse: Where's the Beef?"
Jonathan Lurie, Rutgers UniversityComment:
Sandra Van Burkleo
Barry Cushman, University of Virginia Law SchoolLaw and Justice in England: A Tribute to John Beattie
Chair:
James Oldham, Georgetown University Law CenterPapers:
"Press Gangs Make Better Magistrates than the Middlesex Justices': Young Offenders, Press Gangs, and Prosecution Strategies in Eighteenth- and Early-Nineteenth-Century England"
Peter King, Nene College"The Trading Justice"
Norma Landau, University of California, Davis"Religion and the Law: Evidence and Proof in 'Matter of Fact' 1660-1700"
Barbara Shapiro, University of California, Berkeley"Forgery and the Making of the 'Bloody Code' in Eighteenth-Century England"
Randall McGowen, University of Oregon"Apprenticeships and the Origins of the First Factory Act"
Joanna Innes, Somerville CollegeComment:
Nicholas Rogers, York University
Donna Andrew, University of Guelph
Session 5: 3:45 p.m. - 5:15 p.m.
New Perspectives on the Founding:
Sovereignty, Judicial Review, and the Extended RepublicChair:
Lance Banning, University of KentuckyPapers:
"The Transformation of Federalism in the Early Republic"
Larry Kramer, New York University Law School"Sovereign Ambiguities: Aspects of Federalism at the Founding"
Martin Flaherty, Fordham Law School"The Original Understanding of Judicial Review"
William Michael Treanor, Fordham Law SchoolComment:
Lance Banning
Joanne Freeman, Yale UniversityResearching Insurance:
A Discussion of Insurance as a Site of Historical InquiryChair:
Tom Baker, University of Connecticut School of LawPapers:
"Life Insurance as a Window onto Cultural History"
Geoffrey Clark, Emory University"Legislating Futurity: Mandatory Rural Fire Insurance in Late Imperial Russia"
Cathy Frierson, University of New Hampshire"Insurance and the Utopian Idea"
Carol Weisbrod, University of Connecticut School of LawComment:
Tom BakerThe Poor Laws in Historical Perspective
Chair:
David Seipp, Boston University School of LawPapers:
"The Enforcement of Medieval Poor Laws"
Elaine Clark, University of Michigan, Dearborn"Jurisdictional Variations in the Propensity to Regulate Begging in the Modern United States"
Patricia Smith, University of Michigan, DearbornComment:
David Seipp
James W. Ely, Jr., Vanderbilt Law SchoolPolitics, Theory, and Taxation: 1895-1929
Chair:
Reuven Avi-Yonah, Harvard Law SchoolPapers:
"To Tax Income 'From Whatever Source Derived' According to 'The Ability to Pay': Building a National Consensus for a Progressive Income Tax, 1895-1913"
John D. Buenker. University of Wisconsin, Parkside"Sources and Uses: An Intellectual History of the 1913 Income Tax Law"
Ann F. Thomas, New York Law School"A Map of Society: The Structure of Income in Anglo-American Tax Legislation"
Assaf Likhovski, Tel Aviv University School of LawComment:
Reuven Avi-Yonah