Law, Society, and Politics in the Midwest - Recent Titles from Ohio University Press

The History of Nebraska Law

Tue, 15 Jul 2008

The History of Nebraska Law

Edited by Alan G. Gless

In the aftermath of the Civil War, legislators in the Nebraska Territory grappled with the responsibility of forming a state government as well as with the larger issues of reconstructing the Union, protecting civil rights, and redefining federal-state relations. In the years that followed, Nebraskans coped with regional and national economic collapses. Nebraska women struggled for full recognition in the legal profession. Meyer v. Nebraska, a case involving a teacher in a one-room rural Nebraska schoolhouse, changed the course of American constitutional doctrine and remains one of the cornerstones of civil liberties law. And Roscoe Pound, a boy from Lincoln, went on to become one of the nation’s great legal philosophers.

Nebraska holds a prominent position in the field of Native American legal history, and the state’s original inhabitants have been at the center of many significant developments in federal Indian policy. Nebraska Indian legal history is replete with stories of failure and success, heartache and triumph, hardship and hope. These stories are more than a mere record of the past, of treaties broken or trials won—they are reminders of the ongoing and sometimes tense relations among the many peoples and nations that make up the heartland.

Much of Nebraska law reflects mainstream American law, yet Nebraskans also have been open to experiment and innovation. The state revamped the legislative process by establishing the nation’s only unicameral legislature and pioneered public employment collective bargaining and dispute resolution through its industrial relations commission and its relaxation of strict separation of powers. These seemingly contradictory trends, however, are but differing expressions of a single underlying principle inscribed in the state’s motto: “Equality Before the Law.”

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American Pogrom

Tue, 01 Jul 2008

American Pogrom
The East St. Louis Race Riot and Black Politics

By Charles L. Lumpkins

On July 2 and 3, 1917, race riots rocked the small industrial city of East St. Louis, Illinois. American Pogrom takes the reader beyond that pivotal time in the city’s history to explore black people’s activism from the antebellum era to the eve of the post–World War II civil rights movement.

Charles Lumpkins shows that black residents of East St. Louis had engaged in formal politics since the 1870s, exerting influence through the ballot and through patronage in a city dominated by powerful real estate interests even as many African Americans elsewhere experienced setbacks in exercising their political and economic rights.

While Lumpkins asserts that the race riots were a pogrom—an organized massacre of a particular ethnic group—orchestrated by certain businessmen intent on preventing black residents from attaining political power and on turning the city into a “sundown” town permanently cleared of African Americans, he also demonstrates how the African American community survived. He situates the activities of the black citizens of East St. Louis in the context of the larger story of the African American quest for freedom, citizenship, and equality.

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The Rescue of Joshua Glover

Sun, 31 Dec 2006

The Rescue of Joshua Glover
A Fugitive Slave, the Constitution, and the Coming of the Civil War

By H. Robert Baker

On March 11, 1854, the people of Wisconsin prevented agents of the federal government from carrying away the fugitive slave, Joshua Glover. Assembling in mass outside the Milwaukee courthouse, they demanded that the federal officers respect his civil liberties as they would those of any other citizen of the state. When the officers refused, the crowd took matters into its own hands and rescued Joshua Glover. The federal government brought his rescuers to trial, but the Wisconsin Supreme Court intervened and took the bold step of ruling the Fugitive Slave Act unconstitutional.

The Rescue of Joshua Glover delves into the courtroom trials, political battles, and cultural equivocation precipitated by Joshua Glover's brief, but enormously important, appearance in Wisconsin on the eve of the Civil War.

H. Robert Baker articulates the many ways in which this case evoked powerful emotions in antebellum America, just as the stage adaptation of Uncle Tom's Cabin was touring the country and stirring antislavery sentiments. Terribly conflicted about race, Americans struggled mightily with a revolutionary heritage that sanctified liberty but also brooked compromise with slavery. Nevertheless, as The Rescue of Joshua Glover demonstrates, they maintained the principle that the people themselves were the last defenders of constitutional liberty, even as Glover's rescue raised troubling questions about citizenship and the place of free blacks in America.

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The Fairer Death

Sat, 30 Sep 2006

The Fairer Death
Executing Women in Ohio

By Victor L. Streib

Women on death row are such a rarity that, once condemned, they may be ignored and forgotten. Ohio, a typical, middle-of-the-road death penalty state, provides a telling example of this phenomenon. The Fairer Death: Executing Women in Ohio explores Ohio’s experience with the death penalty for women and reflects on what this experience reveals about the death penalty for women throughout the nation.

Victor Streib’s analysis of two centuries of Ohio death penalty legislation and adjudication reveals no obvious exclusion of women or even any recognition of an issue of sex bias. In this respect, Ohio’s justice system exemplifies the subtle and insidious nature of this cultural disparity.

Professor Streib provides detailed descriptions of the cases of the four women actually executed by Ohio since its founding and of the cases of the eleven women sentenced to death in Ohio in the current death penalty era (1973–2005). Some of these cases had a profound impact on death penalty law, but most were routine and drew little attention. A generation later, reversals and commutations have left only one woman on Ohio’s death row.

Although Streib focuses specifically on Ohio, the underlying premise is that Ohio is, in many ways, a typical death penalty state. The Fairer Death provides insight into our national experience, provoking questions about the rationale for the death penalty and the many disparities in its administration.

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The History of Michigan Law

Mon, 12 Jun 2006

The History of Michigan Law

Edited by Paul Finkelman and Martin J. Hershock

The History of Michigan Law offers the first serious survey of Michigan's rich legal past. Michigan legislators have played a leading role in developing modern civil rights law, protecting the environment, and assuring the right to counsel for those accused of crimes. Michigan was the first jurisdiction in the English-speaking world to abolish the death penalty. As the state industrialized, its legal system responded to the competing demands and interests of farmers, railroads, entrepreneurs, and workers.

Michigan was a beacon of liberty for fugitive slaves and free blacks before the Civil War and an early leader in the adoption of laws to protect civil rights and prohibit discrimination after that conflict. The state was the site of the Ossian Sweet murder trial, which illustrated the tensions in Michigan between law and popular ideology. The History of Michigan Law documents and analyzes these legal developments and others, including the history of labor law, women's rights, and legal education.

This landmark volume will serve as the entry point for all future studies that involve law and society in Michigan and will be invaluable in the comparative study of state law. As the Michigan Supreme Court enters its third century, The History of Michigan Law has relevance beyond the legal community, for scholars and students of American history.

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The History of Indiana Law

Thu, 01 Jun 2006

The History of Indiana Law

Edited by David J. Bodenhamer and Randall T. Shepard

Long regarded as a center for middle-American values, Indiana is also a cultural crossroads that has produced a rich and complex legal and constitutional heritage. The History of Indiana Law traces this history through a series of expert articles by identifying the themes that mark the state’s legal development and establish its place within the broader context of the Midwest and nation.

The History of Indiana Law explores the ways in which the state’s legal culture responded to—and at times resisted—the influence of national legal developments, including the tortured history of race relations in Indiana. Legal issues addressed by the contributors include the Indiana constitutional tradition, civil liberties, race, women’s rights, family law, welfare and the poor, education, crime and punishment, juvenile justice, the role of courts and judiciary, and landmark cases. The essays describe how Indiana law has adapted to the needs of an increasingly complex society.

The History of Indiana Law is an indispensable reference and invaluable first source to learn about law and society in Indiana during almost two centuries of statehood.

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The Black Laws

Tue, 15 Nov 2005

The Black Laws
Race and the Legal Process in Early Ohio

By Stephen Middleton

Beginning in 1803, the Ohio legislature enacted what came to be known as the Black Laws. These laws instituted barriers against blacks entering the state and placed limits on black testimony against whites. Basing his narrative on massive primary research, often utilizing previously unexplored sources, Stephen Middleton tells the story of racial oppression in Ohio and recounts chilling episodes of how blacks asserted their freedom by challenging the restrictions in the racial codes until the state legislature repealed some pernicious features in 1849 and finally abolished them in 1886.

The fastest-growing state in antebellum America and the destination of whites from the North and the South, Ohio also became the destination for thousands of southern blacks, both free and runaway. Thus, nineteenth-century Ohio became a legal battleground for two powerful and far-reaching impulses in the history of race and law in America. One was the use of state power to further racial discrimination, and the other was the thirst of African Americans and their white allies for equality under the law for all Americans.

Written in a clear and compelling style, this pathbreaking study will be required reading for historians, legal scholars, students, and those interested in the struggle for civil rights in America.

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A Place of Recourse

Thu, 15 Sep 2005

A Place of Recourse
A History of the U.S. District Court for the Southern District of Ohio, 1803-2003

By Roberta Sue Alexander

The first history of a federal district court in a midwestern state, A Place of Recourse explains a district court's function and how its mission has evolved. The court has grown from an obscure institution adjudicating minor debt and land disputes to one that plays a central role in the political, economic, and social lives of southern Ohioans.

In tracing the court's development, Alexander explores the central issues confronting the district court judges during each historical era. She describes how this court in a non-slave state responded to fugitive slave laws and how a court whose jurisdiction included a major coal-mining region responded to striking workers and the unionization movement. The book also documents judicial responses to Prohibition, New Deal legislation, crime, mass tort litigation, and racial desegregation.

The history of a court is also the history of its judges. Accordingly, Alexander provides historical insight on current and past judges. She details behind-the-scenes maneuvers in judicial appointments and also the creativity some judges displayed on the bench—such as Judge Leavitt, who adopted admiralty law to deal with the problems of river traffic.

A Place of Recourse demonstrates that, at least in the Southern District of Ohio, the federal district court has played the role its creators hoped it would—upholding federal law even when the citizens of the region actively opposed such enforcement.

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Frontiers of Freedom

Wed, 26 Jan 2005

Frontiers of Freedom
Cincinnati’s Black Community 1802–1868

By Nikki M. Taylor

Nineteenth-century Cincinnati was northern in its geography, southern in its economy and politics, and western in its commercial aspirations. While those identities presented a crossroad of opportunity for native whites and immigrants, African Americans endured economic repression and a denial of civil rights, compounded by extreme and frequent mob violence. No other northern city rivaled Cincinnati's vicious mob spirit.

Frontiers of Freedom follows the black community as it moved from alienation and vulnerability in the 1820s toward collective consciousness and, eventually, political self-respect and self-determination. As author Nikki M. Taylor points out, this was a community that at times supported all-black communities, armed self-defense, and separate, but independent, black schools. Black Cincinnati's strategies to gain equality and citizenship were as dynamic as they were effective. When the black community united in armed defense of its homes and property during an 1841 mob attack, it demonstrated that it was no longer willing to be exiled from the city as it had been in 1829.

Frontiers of Freedom chronicles alternating moments of triumph and tribulation, of pride and pain; but more than anything, it chronicles the resilience of the black community in a particularly difficult urban context at a defining moment in American history.

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The History of Ohio Law

Fri, 10 Dec 2004

The History of Ohio Law

By Michael Les Benedict and John F. Winkler

History of Ohio Law is a complete sourcebook on the origin and development of Ohio law and its relationship to society. A model for work in this field, it is the starting point for any investigation of the subject.

In the two-volume The History of Ohio Law, distinguished legal historians, practicing Ohio attorneys, and judges present the history of Ohio law and the interaction between law and society in the state. The first history of Ohio law in nearly seventy years- and the most comprehensive compilation of essays on any state's law- its twenty-two topics range from the history of Ohio's constitutional conventions and legal institutions to the history of civil procedure, evidence, land use, civil liberties, and utility regulation.

The essays describe Ohio's legal institutions, legal procedures, and the substance of Ohio law as it has changed over time. Other essays describe how social, cultural, political, and economic institutions have affected Ohio law and how the law has affected them. The essays provide important information to practitioners and offer attorneys, legal scholars, historians, and the public a broad understanding of the relationship between law and society in Ohio.

Going beyond the technical law, The History of Ohio Law deals with the intersections between law and race, gender, and labor. Insightful essays also discuss the development of Ohio's legal literature, the impact of federal courts, and Ohio's most important contributions to American constitutional development. Written by twenty-two leading lawyers and historians, The History of Ohio Law will be the indispensable reference and invaluable first source for learning about law and society in Ohio.

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