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Introducing Applied Legal History


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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Saul Cornell , A Well-Regulated Militia: The Founding Fathers and the Origins of Gun Control in America (New York: Oxford University Press, 2006)

Martin Flaherty , “History ‘Lite’ in Modern American Constitutionalism,” Columbia Law Review 95 (1995): 523–90

David M. Rabban , “The Ahistorical Historian: Leonard Levy on Freedom of Expression in Early American History,” Stanford Law Review 37 (1985): 795856

Reva Siegel , “She the People: The Nineteenth Amendment, Sex Equality, Federalism, and the Family,” Harvard Law Review 115 (2002): 9471046

Robert J. Kaczorowski , “The Enforcement Provisions of the Civil Rights Act of 1866: A Legislative History in Light of Runyon v. McCrary,” Yale Law Journal 98 (1989): 565–95

Richard A. Posner , “A Theory of Negligence,” Journal of Legal Studies 1 (1972): 2996

Jenny S. Martinez , The Slave Trade and the Origins of International Human Rights Law (New York: Oxford University Press, 2012)

Sarah Ludington , Mitu Gulati , and Alfred Brophy , “Applied Legal History: Demystifying the Doctrine of Odious Debts,” Theoretical Inquiries in Law 11 (2010): 247–82

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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