Books published by Lawbook Exchange, Ltd.

Winner, Joseph A. Andrews Award from the American Association of Law Libraries, 1986. Provides a detailed discussion and analysis of the pamphlet materials on the law of slavery published in the United States and Great Britain.

George Mason [1725-1792] is remembered as the father of the Bill of Rights and for his unwillingness to sign the U.S. Constitution. John R. Vile examines Mason's political philosophy and writings that have influenced American political thought. Chief of these is the Virginia Declaration of Rights which served as a basis for the United States Bill of Rights. xxi, 271 pp.

This provocative essay considers the historical background, meaning and effect of the Ninth Amendment, which states "the enumeration in the Constitution of certain rights, shall not be construed to deny or disparage others retained by the people." Patterson feels the amendment was "forgotten" because no real purpose has been found for it. He argues that the amendment would become valuable if it was construed to incorporate the doctrine of natural law, which he ranks above constitutional rights. Moreover, this doctrine should serve to restrict federal and state power.

Wines's book was well-received by contemporary readers; Benjamin Butler, Levi Woodbury and William Kent were among its admirers. It begins with the assumption that "next to the birth and mission of Jesus Christ, the existence and institutions of the Hebrew people are the most important event in universal history" (Preface, iii). Its exploration of the Hebraic experience finds a senate, commons, and Chief Magistrate. The divine origin of these institutions is emphasized, along with their relation to the social and legal order. xvi, 640 pp.

Vinogradoff argues that the Norman-era villain was the direct descendent of the Anglo-Saxon freeman, so the typical Anglo-Saxon settlement was a free community rather than a manor. An impressive work of original scholarship and synthesis, it "shed a wholly new light on the social and legal aspects of the institution of villainage" (William Holdsworth, The Historians of English Law 86). xii, 464 pp.

Written when the author was a diplomat posted in Berlin, this distinguished treatise went through several American and English editions, and several more in French, Italian, Spanish and Chinese. A standard work during the nineteenth century, an edition was published in England as late as 1936. xiv, 375 pp.

An international law context for Madison's notes on the debates of the Federal Convention of 1787. Since the Federal Convention of 1787 was "in fact as well as in form an international conference," Scott examines James Madison's notes from the perspective of international law. Founding father, statesman and political theorist, James Madison [1751-1836] was the primary author of the United States Constitution. While a member of the First Congress, he drafted the Bill of Rights and helped to organize the new Federal government. Along with Alexander Hamilton and John Jay, he was one of the authors of The Federalist. He established the Democratic-Republican Party with Thomas Jefferson. Elected in 1809, Madison served two terms as president. He was, without question, one of the most influential national leaders in the early years of the United States. xviii, 149pp.

Within a narrative history of the early American Bar Association, Matzko illustrates how the organization endeavored to create a traditional professional gatekeeping organization by gaining control of legal education, entrance examinations, and ethical codes. The early ABA supported reformist values of political and social change if such change could be overseen by courts. It was not until the second decade of the twentieth century that it began its transformation into a more conservative group. xxxvi, 333 pp.

An influential study of political power. This volume (Laski's first) addresses aspects of the theory of the state, a topic he developed further in Authority in the Modern State (1919) and The Foundations of Sovereignty and Other Essays (1921). Laski's theoretical ideas are elaborated through examples drawn from recent political and religious movements, such as the Catholic Revival and the creation of the German Empire. He concludes that the state is not a supreme entity; it is one association among many that must compete for the people's loyalty and obedience. Originally published: New Haven: Yale University Press, 1917. x, [ii], 297 pp.

An essential study of the work of U.S. Supreme Court Justice John Marshall Harlan. John Marshall Harlan [1833-1911] wrote numerous dissenting opinions on everything from civil rights to the federal income tax during his long tenure on the U.S. Supreme Court. He was said at the time to suffer from "dissent-ary," but posterity has shown him to be a liberal born too soon since many aspects of his dissents gained majorities after his death. We see this most clearly in his blistering dissents in the Civil Rights Cases (1883) and Plessy v. Ferguson (1896). On a broader scale, his interpretation of "due process" contributed to the development of the incorporation theory during the 1950s and 60s. Viewed as a whole, his emphasis on the social consequences of decisions rather than adherence to abstract legal principles pointed the way toward the work of Pound and Llewellyn. Clark offers an excellent introduction to Harlan's doctrines regarding civil rights, the suability of states, impairment of the obligation of contracts, interstate and foreign commerce, judicial legislation and other topics that is valuable for its balance of summary and interpretation. It continues to be an essential study of Harlan's judicial beliefs. ix, 208 pp.

A rewritten and expanded version of his Freedom of Speech (1920), the seminal work that established modern First Amendment theory, this work became a foremost text of U.S. libertarian thought and influenced the jurisprudence of Oliver Wendell Holmes, Jr. and Louis Brandeis. It considers, along with other related topics, the social necessity of free speech in the United States from the 1920's through 1941, freedom of speech in the Constitution, relevant cases in the Supreme Court under Hughes, war-time prosecutions, legislation against sedition. xviii, 634 pp.

A Treatise on the Law of War addresses the customs of land and sea warfare. A notably humane work, it condemns actions against civilians and advocates the fair treatment of prisoners of war. Du Ponceau's able translation is prefaced by a biography of the author, a table of cases, an index of citations from the Corpus Juris Civilis and an annotated bibliography of civil law treatises cited or referred to by the author. This latter item, which lists editions and translations, is interesting for its insights into the American reception of the civil law in the early 1800s. liii (V-LIII new introduction), xxxiv, 218 pp. With a new introduction by William E. Butler (Penn State Dickinson Law; University College London; National Academy of Sciences of Ukraine; National Academy of Legal Sciences of Ukraine). A title in the Lawbook Exchange series Foundations of the Laws of War, Joseph Perkovich, General Editor.

In this delightful and humorous book Neely takes a look at the satire and irony in Dickens' work as shown in his derisive characterization of solicitors, barristers, judges and clerks. He gives us Jaggers, the criminal lawyer who notifies Pip of his "great expectations," Stryver, the unscrupulous trial lawyer in A Tale of Two Cities, and many others. Lovers of Dickens and anyone acquainted with the law will find this to be an entertaining read.