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Introducing Applied Legal History

Abstract

James Oldham and Su Jin Kim write about the acceptance of arbitration in the early United States in their article, “Arbitration in America: The Early History.” They correct a misperception that stretches back at least to Justice Joseph Story's 1844 opinion in Tobey v. Bristol that said equity did not enforce arbitration awards. Oldham and Kim recover a robust culture of arbitration in the early United States and thus correct the received wisdom, which led Justice Kennedy to remark in 2001 that American courts were historically hostile to arbitration. Perhaps this newly recovered history will add support for the acceptance of arbitration in the federal courts. Oldham's and Kim's article is, therefore, part of an emerging and sometimes controversial trend in legal history to speak to contemporary issues. It is also the first of an occasional series for Law and History Review on “applied legal history.”

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Corresponding author
abrophy@email.unc.edu
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Jenny S. Martinez, The Slave Trade and the Origins of International Human Rights Law (New York: Oxford University Press, 2012)

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Lindsay Robertson, Conquest By Law: How the Discovery of America Dispossessed Indigenous Peoples of Their Lands (New York: Oxford University Press, 2005)

Kenneth W. Mack, Representing the Race: The Creation of the Civil Rights Lawyer (Cambridge: Harvard University Press, 2012)

Tomiko Brown-Nagin, The Courage to Dissent: Atlanta and the Long History of the Civil Rights Movement (New York: Oxford University Press, 2011)

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Law and History Review
  • ISSN: 0738-2480
  • EISSN: 1939-9022
  • URL: /core/journals/law-and-history-review
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