23 April 2019

BOOK: Edward G. WHITE, Law in American History, Volume III (Oxford: Oxford University Press, 2019). ISBN 9780190634940, $49.95

(Source: OUP)

Oxford University Press has published the 3rd and final volume of Professor White’s “Law in American History”.


In Law in American History, Volume III: 1930-2000, the eminent legal scholar G. Edward White concludes his sweeping history of law in America, from the colonial era to the near-present. Picking up where his previous volume left off, at the end of the 1920s, White turns his attention to modern developments in both public and private law. One of his findings is that despite the massive changes in American society since the New Deal, some of the landmark constitutional decisions from that period remain salient today. An illustration is the Court's sweeping interpretation of the reach of Congress's power under the Commerce Clause in Wickard v. Filburn (1942), a decision that figured prominently in the Supreme Court's recent decision to uphold the Affordable Care Act.

In these formative years of modern American jurisprudence, courts responded to, and affected, the emerging role of the state and federal governments as regulatory and redistributive institutions and the growing participation of the United States in world affairs. They extended their reach into domains they had mostly ignored: foreign policy, executive power, criminal procedure, and the rights of speech, sexuality, and voting. Today, the United States continues to grapple with changing legal issues in each of those domains. Law in American History, Volume III provides an authoritative introduction to how modern American jurisprudence emerged and evolved of the course of the twentieth century, and the impact of law on every major feature of American life in that century. White's two preceding volumes and this one constitute a definitive treatment of the role of law in American history.


G. Edward White is David and Mary Harrison Distinguished Professor of Law and University Professor at the University of Virginia. His seventeen previous books include The American Judicial TraditionThe Marshall Court and Cultural Change,and Justice Oliver Wendell Holmes: Law and the Inner Self, all of which have won major prizes. White is also the editor of the John Harvard Library edition of Oliver Wendell Holmes, Jr., The Common Law.


Preface and Acknowledgments
1. The American Legal Academy and Jurisprudence I: The Emergence of Legal Realism
2. Conundrums of War and Law
3. The Emergence of Agency Governance: The First Half Century
4. The Statutorification of Common Law Fields: Torts, Contracts and Commercial Law, Civil Procedure, and Criminal Law
5. The Laws of Mass Media
6. The American Legal Academy and Jurisprudence II: From Process Theory to "Law And"
7. The Supreme Court in the Era of Bifurcated Review I: The Court's Internal Work
8. The Supreme Court in the Era of Bifurcated Review II: Foreign Relations Cases
9. The Supreme Court in the Era of Bifurcated Review III: Due Process Cases
10. The Supreme Court in the Era of Bifurcated Review IV: Equal Protection Cases
11. The Supreme Court in the Era of Bifurcated Review V: Free Speech Cases
12: Law and Politics: The Journey to Bush v. Gore

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