UC Berkeley Legal History Colloquium

It is a pleasure to announce the speakers for the University of California, Berkeley Fall 2016 Legal History Colloquium, which I am co-running with my colleague Rebecca McLennan.
September 20: Lauren Benton (Vanderbilt University), "Rage for Order: The British Empire and the Origins of International Law" 
October 4: Daniel Margolies (Virginia Wesleyan College), "Offshore Submerged Lands, Jurisdiction, and U.S. Foreign Relations in the Early Postwar Period” 
October 18: Michael Ralph (New York University), title TBD  
November 1: David Delaney (Amherst College), "Legal History of/as Socio-Spatial Unfolding"
November 15: Katrina Jagodinsky (University of Nebraska): "Legal Codes and Talking Trees: Indigenous Women’s Sovereignty in the Sonoran and Puget Sound Borderlands, 1854-1946 "

Cajas-Sarria on a Columbian Gebneral's Constitutional Justice

Mario Alberto Cajas-Sarria, Icesi University Law School, Cali, Colombia, has published The Constitutional Justice of General Gustavo Rojas Pinilla: Between the Constitutional Tribunal and the Constitutional Affairs Chamber, Colombia, 1953-1957, in the Revista de Historia Constitucional:
This paper deals with the reforms and attempts to reform the constitutional justice by General Gustavo Rojas Pinilla, who ruled Colombia between 1953 and 1957. In particular, it discusses the proposals of the military rule that sought to change the judicial review of legislation exercised by the Supreme Court since 1910. First, it discusses the project of creating a Tribunal de Garantías Constitucionales (Constitutional Tribunal) amid of the confrontation between the Executive branch and the Supreme Court in November, 1953, a Tribunal partly inspired by the Tribunal de Garantías Constitucionales of the Constitution of Spain of 1931. Then, it tells the story of the creation of the Constitutional Chamber in the Supreme Court in 1956. While Rojas justified the overall changes on the grounds of "technify" the judicial review in Colombia, this article reveals that both reform initiatives come amid political tensions between the Court and a military rule whose real purpose was to take control of the Judiciary and to limit his constitutional judge.

The Rise of International Cybercrime

By Erica K. Waters
Erica Waters, originally the class of 2016, graduated from Albany Law School in December 2015 after accelerating her studies into a two-and-a-half-year program. While attending Albany Law School, she was a member of the Moot Court Board, competed on an appellate travel team, and, along with her partner Kellan Potts, won the Fall 2015 Donna Jo Morse Client Counseling competition.
Ms. Waters passed the February 2016 New York State Bar Examination, and is currently awaiting admission to the New York Bar. Currently, Ms. Waters is an Associate at The Colwell Law Group, LLC in Albany, New York.
She prepared this paper for Prof. Bonventre’s International Law of War & Crime Seminar.

Few topics in the international community are so current and demanding of multi-national attention than that of international cybercrime. With the digital age upon us, war and crime are now dealt with online just as much, if not more, than in the traditional sense of hand-to-hand combat or via state intrusion.

Cybercrime is a fast-growing area of crime, especially in the international arena.  More criminals are exploiting the speed, convenience, and anonymity of the Internet to commit a diverse range of criminal activities that know no borders, cause serious harm on an undefined scale, and pose real threats to victims worldwide.

As cybercrime is a relatively novel topic compared to its more traditional counterparts, what has the international community done to keep up with this very real, very immediate threat? This paper will briefly address the international community’s response to international cybercrime, with an eye toward the next steps in addressing this growing facet of our globalized world.
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To read the entire paper, open HERE.

Weisberg on Law and Literature

Looking for a state-of-the-field overview of the Law and Literature movement? Richard Weisberg, Cardozo School of Law, has posted "What Remains 'Real' about the Law and Literature Movement? A Global Appraisal," which is forthcoming in the Journal of Legal Education

Here is the abstract: 
For several decades, the reincarnation of studies labeled Law and Literature has served to enliven, challenge, and threaten traditional legal discourse. Always in implicit competition with the interdiscipline of Law and Economics, Law and Literature has withstood (and been strengthened by at least some) criticism from within and without. Recognized in late century and beyond as one of the primary contributors to North American jurisprudence, Law and Literature continues to inspire from both sides of the aisle a discourse not so much of ironic abhorrence of the law as of an aspiration to just norms of law and an insistence that perennial deviations from such norms are neither inevitable nor inexplicable. In many iterations, and in what follows here, Law and Literature seeks the reunion of the fields, conjuring a 2000-year- old continuum from Cicero to Cardozo as a challenge to more obvious and more flawed trajectories, some of which — like the development of mainstream Western religious discourse — have arguably brought about these deviations. 
This essay first brings the non-specialist reader up to date on the various claims, counterclaims, and provocations connected to American Law and Literature scholarship. It reveals that the field has burst through to dynamic invocations in many other countries. Finally, it restates what is always already there in the modern version of the interdiscipline: the rigorous assessment through stories of the way law operates, of how it is interpreted by its major speakers, and of how — above all — its minor, major, and catastrophic errors can be traced through the unique medium of stories to idiosyncratic deviations in the words and deeds of authoritative lawyers and judges. The path to justice always is readily available in these stories; it is the identifiable reason for its denial that helps the practitioner understand and correct why law so often goes terribly wrong. The claim is that only fictional narratives, which move through time together with characters whose actions and words are revealed, permit us to understand dynamically the jurisprudence of our era.
(H/t: Law & Humanities Blog)

Tarter on Race, Law, and Public Debt in Virginia

New from the University of Virginia Press: A Saga of the New South: Race, Law, and Public Debt in Virginia (July 2016), by Brent Tarter (Library of Virginia). A description from the Press:
In the lead-up to the Civil War, Virginia, like other southern states, amassed a large public debt while striving to improve transportation infrastructure and stimulate economic development. A Saga of the New South delves into the largely untold story of the decades-long postwar controversies over the repayment of that debt. The result is a major reinterpretation of late-nineteenth-century Virginia political history.
The post–Civil War public debt controversy in Virginia reshaped the state’s political landscape twice. First it created the conditions under which the Readjuster Party, a biracial coalition of radical reformers, seized control of the state government in 1879 and successfully refinanced the debt; then it gave rise to a counterrevolution that led the elitist Democratic Party to eighty years of dominance in the state's politics. Despite the Readjusters’ victory in refinancing the debt and their increased spending for the popular new system of free public schools, the debt controversy generated a long train of legal disputes—at least eighty-five cases reached the Virginia Supreme Court of Appeals, and twenty-nine reached the Supreme Court of the United States. Through an in-depth look at these political and legal contests, A Saga of the New South sheds new light on the many obstacles that reformers faced in Virginia and the South after the Civil War.
A few blurbs:
"A Saga of the New South is a remarkable piece of highly original scholarship on a hugely important topic in Virginia history. Brent Tarter's treatment—thorough yet provocative, a vintage Tarter production—goes far to explain the ferocious struggle and historical discontinuity of late-nineteenth-century Virginia politics, a struggle that reverberated from Reconstruction down through the years of Harry F. Byrd to Massive Resistance." -- Peter Wallenstein
"No one knows Virginia's political history better than Brent Tarter. With expert skill, he traces the twisting path of Virginia's debt controversy through the tumultuous decades after the Civil War, revealing fault lines that endure to today." -- Edward Ayers
More information is available here.

U. Adelaide Postgraduate Dissertation Scholarships in Early Modern English Legal History

Via H-Law, we have the following announcement:
Two postgraduate scholarships are offered, each of three years duration, one leading to a PhD in the School of Law, the other leading to a PhD in the Department of History at the University of Adelaide. The successful candidates will pursue research on a topic related to the legal order in early modern England, under the supervision of Professor David Lemmings and Em Prof Wilfrid Prest, in connection with "A New History of Law in Post-Revolutionary England, 1689-1760",  a project funded by the Australian Research Council. For further details of these scholarships, eligibility requirements and mode of application, go to http://www.adelaide.edu.au/graduatecentre/scholarships/research-internat... opportunities, or email Helen.Payne@adelaide.edu.au 
Contact Info: 
Prof David Lemmings, Department of History, University of Adelaide, SA 5005, Australia
Em Prof Wilfrid Prest, School of Law, University of Adelaide, SA 5005, Australia

George E. Pozzetta Dissertation Award

[We have the following announcement.]

The Immigration and Ethnic History Society Announces competition for the 2016 George E. Pozzetta Dissertation Award. It invites applications from any Ph.D. candidate who will have completed qualifying exams by December 15, 2016, and whose thesis focuses on American immigration, emigration, or ethnic history. The award provides two grants of $1000 each for expenses to be incurred in researching the dissertation. Applicants must submit a three-page to five-page descriptive proposal in English discussing the significance of the work, the methodology, sources, and collections to be consulted. Also included must be a proposed budget, a brief curriculum vitae, and a supporting letter from the major advisor. To be considered for the award, all applicants must submit their materials via email to all committee members by December 15, 2016.  They are Hidetaka Hirota (Chair of the Committee) hhirota@ccny.cuny.edu; Michael Bustamante, mbustama@fiu.edu; and Leigh Ann Wilson, lawilson@brandman.edu.

Caldwell on China's "Five-Power Constitution"

Ernest Caldwell, University of London, School of Oriental and African Studies, has posted Chinese Constitutionalism: Five-Power Constitution, an entry in the forthcoming Max Planck Encyclopedia of Comparative Constitutional Law, edited by Rainer Grote, Lachenmann, Franke Lachenmann and Wolfrum, Rüdiger Wolfrum (Oxford University Press):
Studies of modern constitutions and constitutional structures are invariably predicated upon the common theory that governments exercise three primary forms of legitimate power: executive, legislative, and judicial. Scholars from Montesquieu to the present have argued that separating these powers into distinct branches of government and establishing various forms of procedural mechanisms to constrain the exercise of these powers best ensures that government power is exercised efficiently and without potential of infringing upon the rights and freedoms of individuals. This understanding is so common that the vast majority of the world’s written constitutions reflect this tripartite division of government power, including the majority of post-colonial and post-soviet constitutions which all take three powers to be the norm when designing a new constitutional government. There are, however, a handful of exceptions. Under the Constitution of the Bolivarian Republic of Venezuela: 20 December 1999 (Venez), for example, the national government is comprised of the standard executive, legislative, and judicial branches, but to this are added two additional branches: the Electoral Branch, responsible for overseeing elections, and the Citizens’ Branch which serves as ombudsman, public prosecutor, and comptroller. Less explicitly perhaps, the Constitution of Costa Rica: 7 November 1949 (Costa Rica) establishes the state’s three primary powers as the executive, legislative, and judiciary, yet also provides for the establishment of two additional and independent government organs: the Supreme Election Tribunal and the Comptroller General. Each represents an attempt to assimilate western constitutional design models within local socio-political contexts requiring alterations to such designs.

Kamp on the English Legacy for the Second Amendment

Allen R. Kamp, John Marshall Law School, has posted The English Legacy of the Second Amendment — History and Myth:
According to the majority opinion of Justice Scalia in District of Columbia v. Heller, pre-Second Amendment adoption English history informs the Amendment’s meaning. The majority opinion discusses the historical background after analyzing the language of the Amendment: “Putting all of these textual elements together, we find that they guarantee the individual right to possess and carry weapons in case of confrontation. This meaning is strongly confirmed by the historical background of the Second Amendment. We look to this because it has always been widely understood that the Second Amendment, like the First and Fourth Amendments, codified a pre-existing right.”

My paper investigates the actual historical practice in England regarding gun rights before the adoption of the Second Amendment. It focuses on four topics involving rights to bear arms in England of that era: the Declaration of Rights, the writings of Blackstone, the Game Laws, and the Militia.?

The paper concludes that although Heller purports to be based on pre-second Amendment historical practice, its description of that practice is more mythical than real.

Sunday Book Review Roundup


In the New York Times is a review of Marc Lamont Hill's Nobody: Casualties of America’s War on the Vulnerable, From Ferguson to Flint and Beyond.  Also in the NYT is a review of Heather Ann Thompson's Blood in the Water: The Attica Prison Uprising of 1971 and Its Legacy (Blood in the Water is also discussed in the NYT book review podcast).

The Los Angeles Times carries a review of Sean Wilentz's The Politicians and the Egalitarians: The Hidden History of American Politics.

H-Net has a number of new reviews of interest to legal historians.  Nathan Perl-Rosenthal's Citizen Sailors: Becoming American in the Age of Revolution is reviewed.  There is a review of Battleground Alaska: Fighting Federal Power in America's Last Wilderness by Stephen W. Haycox.  Also reviewed is Sex, Money and Personal Character in Eighteenth-Century British Politics by Marilyn Morris.  Finally, there is a review of David M. Watry's Eisenhower and Cambodia: Diplomacy, Covert Action, and the Origins of the Second Indochina War

There are several interviews of potential interest to legal historians at The New Books Network.  Kelly Lytle Hernandez is interviewed about Migra!: A History of the U.S. Border Patrol.   Marc-William Palen speaks about The 'Conspiracy' of Free Trade: The Anglo-American Struggle over Empire and Economic Globalisation, 1846-1896.  Benjamin Fagan discusses The Black Newspaper and the Chosen Nation.  John A. Gronbeck-Tedesco is interviewed about Cuba, the United States, and the Cultures of the Transnational Left, 1930-1975.  Campbell F. Scribner speaks about The Fight for Local Control Schools, Suburbs, and American Democracy.  And, finally, the site has an interview with Ellen Fitzpatrick about The Highest Glass Ceiling: Women’s Quest for the American Presidency.

In the New Republic is an excerpt from Nicole Hemmer's recently-published Messengers of the Right: Conservative Media and the Transformation of American Politics.  Also in the New Republic is a review of Where the Jews Aren't: The Sad and Absurd Story of Birobidzhan, Russia's Jewish Autonomous Region by Masha Gessen.

The Los Angeles Review of Books has a review of Catherine Fletcher's The Black Prince of Florence  The Spectacular Life and Treacherous World of Alessandro de’Medici.

In The Guardian is a review of John Bew's Citizen Clem: A Biography of Attlee.

Philippe Sands' East West Street is reviewed in History Today.

The New Statesman reviews Too Important for the Generals: Losing and Winning the First World War by Allan Mallinson.  Also in The New Statesman is a review of Erdmut Wizisla's Benjamin and Brecht: the Story of a Friendship

Finally, legal historians will find several reviews of interest in the September issue of The Federal Lawyer.


Weekend Roundup

  • We were pleased to see that the activities at the upcoming meeting of the Association of American Law Schools in San Francisco include a field trip to the Angel Island Museum on the afternoon of January 4.
  • On September 15-17, the University of the South is to host “Incorporating Equality: The First 150 Years of the Fourteenth Amendment,” a symposium on the 150th anniversary of Tennessee’s approval of the Fourteenth Amendment.  Speakers include David W. Blight, Annette Gordon-Reed, Michael Kent Curtis, Daniel J. Sharfstein, and Kareem Crayton.  More.
  • Another Constitution Day event: The Franklin D. Roosevelt Presidential Library and Museum and the National Society Daughters of the American Revolution (Mahwenawasigh Chapter) present a conversation with Professor John Q. Barrett, “contributor to The Presidents and the Constitution: A Living History,” Friday, September 16, 2016, at 7:00 p.m., in the Henry A. Wallace Center at the FDR Presidential Library and Home, Hyde Park, NY.
  • And yet another: Frank H. Wu, Hastings Law, will deliver "Who Belongs? The Limits of American Citizenship" as the Princeton University Constitution Day Lecture at 4:30 of September 15 in the Dodds Auditorium of Robinson Hall.  Stanley N. Katz is to give a response.
  • The Newberry Library's fellowship competitions (long- and short-term) were recently announced. The deadlines are Nov.15 and Dec.15, respectively. Details on how to apply are here.
  • CFP: The Commission on Legal Pluralism will hold its biennial conference in Syracuse, NY on Aug.9-11, 2017. The conference theme is "Citizenship, Legal Pluralism and Governance in the Age of Globalization." The deadline for submissions is Sept.30. Here is the Call. Before the conference, there will be a short crash course on legal pluralism (Aug.4-7) for junior scholars and others new to the field. 
    • Over at the World Legal History Blog, Fei-Hsien Wang, Indiana University Bloomington explores the challenges of writing about a court (the Shanghai Mixed Court) whose records are missing.
    Weekend Roundup is a weekly feature compiled by all the Legal History bloggers

    Liu on the ICC and al-Bashir,

    Zihang Liu has posted The Prosecutor v. Omar Hassan Ahmad Al Bashir:    
    The atrocities perpetrated by the Government of Sudan (GoS) and the Janjaweed militia during the third post-2003 Darfuri conflict constituted the first internationally condemned and acknowledged genocide of the twenty-first century. With the indictment of incumbent Sudanese President Omar Hassan Ahmad al-Bashir, the International Criminal Court (ICC) not only addressed the humanitarian crisis in Darfur, but also challenged international immunity for heads of state. This indictment marked the first time that a sitting president of a state has ever been indicted by the ICC, which has led to significant and unprecedented legal and political discussion. However, as of 2016, the ICC seems to be incapable of enforcing the warrant since al-Bashir remains at large seven years after his initial indictment.

    This essay examines the history of the conflicts in Darfur, the reasoning articulated by the ICC for its indictment of al-Bashir, and the international community’s reaction to the ICC’s judgment. The author then reviews the ongoing discussion that surrounds the issue of state immunity in the context of the current enforcement dilemmas and the future prospects for the ICC. The essay then concludes by assessing the significance of the case and its long-term legal implications.

    CFP: Edinburgh Postgraduate Law Conference

    [We have the following announcement.]

    The Edinburgh Postgraduate Law Conference is excited to announce its fourth annual conference. This conference provides an open forum for discussion, and invites both postgraduate students and early career researchers to join in presenting their areas of research in the field of law over a two-day period. Presenters can elect to present their work as either a standard paper presentation or a poster presentation.

    This year's theme, "Law & its boundaries," can be interpreted in any way relevant to each researcher’s speciality or subject area. In this respect, submissions in all areas of the law are welcome. However, we are particularly seeking submissions in the areas of International Law, European integration in the United Kingdom and Europe, Legal History [emphasis supplied], and Legal Theory

    Submission deadline & procedure.  Please submit the requirements listed below to EdLawPGConference@ed.ac.uk to be reviewed by our selection committee.   In order that your submission is considered by the committee, please ensure that you have included the following in your e-mail [1] your preference of presentation mode (poster or paper); [2] a summary/abstract of your [poster or paper] of no more than 300 words; [3] up to five keywords indicating the area of the research; and [4] a short biographical note, no more than 100 words.  Please put ‘Conference Submission’ in the subject line of your e-mail.  All submissions must be made before 4pm Friday 14th October, 2016.

    Global Perspectives on Legal History 7

    [We have the following announcement.]

    Víctor Tau Anzoátegui, El Jurista en el Nuevo Mundo Pensamiento. Doctrina. Mentalidad.  Global Perspectives on Legal History 7.  Frankfurt am Main: Max Planck Institute for European Legal History 2016. 280 p., € 14,19 D.  ISBN: 978-3-944773-06-3.  Open Access Online EditionPrint-on-demand.

    This study of the history of Derecho Indiano proposes to analyze the role played by the Spanish-American jurist in the New World, as both elaborator as well as a practitioner of an art and a practice. While contributing to the development of public authority within a new society, the jurist faced episodes, realities, and circumstances of huge diversity. The studies collected in this volume appeared originally in journals and collected works in various countries. They are offered today in a revised edition.

    With El Jurista en el Nuevo Mundo. Pensamiento. Doctrina. Mentalidad, the Max Planck Institute for European Legal History presents the newest publication in its book series "Global Perspectives on Legal History."  As its title suggests, the series is designed to advance the scholarly research of legal historians worldwide who seek to transcend the established boundaries of national legal scholarship that typically sets the focus on a single, dominant modus of normativity and law. The series aims to privilege studies dedicated to reconstructing the historical evolution of normativity from a global perspective.  It includes monographs, editions of sources, and collaborative works. All titles in the series are available both as premium print-on-demand and in the open-access format.  More information on the series and forthcoming volumes [are available here.]

    New Release: Burney and Pemberton on CSI

    Out this month from Johns Hopkins University Press is Murder and the Making of English CSI by Ian Burney and Neil Pemberton, both of the University of Manchester. From the press:
    Crime scene investigation—or CSI—has captured the modern imagination. On television screens and in newspapers, we follow the exploits of forensic officers wearing protective suits and working behind police tape to identify and secure physical evidence for laboratory analysis. But where did this ensemble of investigative specialists and scientific techniques come from?
    In Murder and the Making of English CSI, Ian Burney and Neil Pemberton tell the engrossing history of how, in the first half of the twentieth century, novel routines, regulations, and techniques—from chain-of-custody procedures to the analysis of hair, blood, and fiber—fundamentally transformed the processing of murder scenes. Focusing on two iconic English investigations—the 1924 case of Emily Kaye, who was beaten and dismembered by her lover at a lonely beachfront holiday cottage, and the 1953 investigation into John Christie’s serial murders in his dingy terraced home in London’s West End—Burney and Pemberton chart the emergence of the crime scene as a new space of forensic activity.

    Drawing on fascinating source material ranging from how-to investigator handbooks and detective novels to crime journalism, police case reports, and courtroom transcripts, the book shows readers how, over time, the focus of murder inquiries shifted from a primarily medical and autopsy-based interest in the victim’s body to one dominated by laboratory technicians laboring over minute trace evidence. Murder and the Making of English CSI reveals the compelling and untold story of how one of the most iconic features of our present-day forensic landscape came into being. It is a must-read for forensic scientists, historians, and true crime devotees alike.

    Praise after the jump.

    "Burney and Pemberton trace the transition of the forensic pathologist from the sole embodiment of truth to the team approach of modern crime scene investigation. Spellbinding cases illustrate the development of modern techniques of English forensic science and the waning authority of the English forensic pathologist. In a post-DNA world, the autopsy and crime scene are not forgotten and are neglected only at the risk of justice itself." -Jeffrey Jentzen 
    "For all the talk about ‘CSI’ these days, there is very little history of it. This nuanced and fascinating history of English crime scene reconstruction has an uncanny prescience for today's debates about how to manage crime scene evidence.” -Simon A. Cole 
    "This disturbing, powerful, and beautifully crafted book shows us how CSI has gained its iconic place in modern murders. Taking us deep into the grisly world of the crime scene, the mortuary, the laboratory, and the courtroom, the authors explain that forensic science, far from simply discovering truth, produces knowledge grounded in contingent and changing concepts, techniques, and institutions." -James Vernon 
    "In a world where the science of DNA appears to be squeezing out the other specialities, here is the unsqueezed history of extraordinary scientific discovery. A dazzling account of the evolution of crime scene and its management, Murder and the Making of English CSI is a full-on drama of scientific ingenuity and invention where CSI meets historical thriller." -Barbara Machin


    Full information is available here.

    Sigh, Argh, Whoa: The Long, Slow, and Lucky Road to Writing my Book

    I’m probably not the only historian on the block who has a habit of thinking hard about important moments in my own life.  Give me a long commute (check!), inconveniently early morning or late night travel (check!), or insomnia (double check) and my mind often poses counterfactuals about people I met, places I’ve visited, opportunities lost and regained, and of course ideas. 

    The habit has only increased through the process of writing a book.  And now that the book has been published, I’ve been thinking hard and often about how this thing happened.  My incredulity at having actually finished the book is in part some sense of an imposter syndrome that many young (or young-ish, in my case) historians feel when they find themselves having become something other than a hungry graduate student.  But there was also a fairly unlikely set of conditions that buffeted me forward and backward over the years.  I want to tell this story because I hope that it gives proper, public due to the people, institutions, and ideas that helped me think through this project over the years.  But more importantly, I hope that the graduate students laboring away on their coursework and dissertations will find a brief oasis of entertainment and solace in my little odyssey.

    I had always been interested in “the state.”  I almost use the term “always” in the longue dureesense that David Armitage and Jo Guldi advocate for in The History Manifesto: the third grade report on the demise of the ancient Greek city-state (answer: they were too nice and needed a Ronald Reagan to win), the 9th grade critique of media complicity in the ramp-up to the Vietnam War (conclusion: we’ve come so far that history couldn’t possibly repeat itself) the 11th grade history fair paper on the National Security Agency (conclusion: quiet, effective spy agency that will one day be recognized as heroic), and on, and on.  Given that my talent for prognostication rivals that of Washington Post Ed Board, it is a good thing I did not become a political scientist.  But I was pretty sure that I wanted to become a historian.

    The problem was that I had no idea what historians did and thankfully my undergraduate education at the University of Chicago did almost nothing to teach me this.  I know that sounds weird.  But I got away with 4 years of coursework in which I thought that great historians were: Max Weber, Michel Foucault, Karl Marx, the entire Frankfurt School (except for Marcuse), Hannah Arendt, Pierre Bourdieu and David Harvey among others.  Thanks to professors like Moishe Postone, Michael Geyer, Jan Goldstein, Herman Sinaiko, Jeff Librett, and of course Bill Novak, I was allowed to run with ideas—many bad ones—relating to the rise of capitalism, the modern state, and citizenship. 

    Given this background, the doctoral program in American history at the University of Chicago was a real shock.  The almost exclusively theoretical terms that I had acquired to think about the problem of the state seemed to have minimal bearing in classes that emphasized empiricism, historiography, and narrative.  That first year was really brutal.  I frequently got responses from faculty like: “You write like a social scientist.”  “I can’t tell what you are writing.”  Even, “are you sure you want to do history?”  But I figured it out over time, and when I did, I was immensely grateful that I had been allowed to take a heavy dose of theory before beginning to learn the practical skills required to study history.  It meant above all that I would continue to frame my smaller projects—like a short primary source paper about Tench Coxe’s political economy—in theoretical terms (however much it ticked off my professors) and that I would pursue a dissertation. 

    Also, the books I was reading in my courses with Novak, Amy Dru Stanley, Mae Ngai, and others, were pushing me to ground those theoretical ideas in actual events, personages, and periods of time.  Incidentally, those three things, it turns out, are really important for studying history.  But back to the story.  I was stunned at the argumentative power of books like Polanyi’s Great Transformation, Horwitz Transformation of American LawI, Morgan’s American Slavery, American Freedom, and Woodward’s Origins of the New South.  These books were also about statecraft and the relationship between the state and social and economic structures.  Yet, while they were all beholden to certain theoretical backgrounds, they and other books that I enjoyed made brave moves in their own directions that ultimately complicated reigning structural explanations about things like governance and market relations.  In short, my professors and classmates, and the books we read in common, were teaching me that I could still have my theoretical idols but that I did not always need to worship them.

    Current events would also prove important.  My first class in graduate school was shortly after the events of September 11, 2001.  Much of my coursework occurred against the backdrop of the ugliness of the USA Patriot Act and the drumbeat of the Iraq War.  Suddenly my intellectual interest in questions about the state seemed to acquire a new, normative valence.

    When it came time to think about a dissertation I knew I wanted to work with Bill Novak, whose People’s Welfare had changed the way people thought about how law and the state worked in nineteenth-century America.  I also was interested in law and governance in the era of the early American republic because it seemed mysterious to me that while it was widely agreed that the founders of the republic needed a more capable federal government, most of the literature seemed to suggest that the federal government was insignificant until World War I.  Novak eventually dispatched me to the National Archives regional branch in Cicero where I quickly found myself digging through massive amounts of federal court, customs, and land office records. 


    And in at least one way I’ve never really left that uncomfortable, multi-use reading room in Cicero (though it has been renovated and is now amazing).  Almost all of my work since, especially my book, has embraced federal court, customs, and land records.   So in my next post, I’ll try to explain the main idea behind the book and what I hope it accomplishes.  But I’ve enjoyed this trip down memory lane!