 |
Dougherty,
J. Hampden. Constitutional
History of the State of New
York. New York:
The Neale Publishing Company, 1915. 408 pp. Reprinted 2004 by
The Lawbook Exchange, Ltd. LCCN 2003056438. ISBN 1-58477-391-X.
Cloth. New. $95.
* Reprint
of the second edition. Dougherty published this book while the 1915
state Constitutional Convention was taking place. He hoped it would
influence public opinion and the members of the convention by
describing how earlier constitutions fell short. Whether or not
Dougherty achieved his stated purposes, this book remains a detailed
and insightful study of the social and legal developments that
shaped the state's constitutions since the seventeenth century.  
Dougherty,
J. Hampden. Power
of Federal Judiciary Over Legislation. New York: G.P. Putnam's
Sons, 1912. vii, 125 pp. Reprinted 2004 by The Lawbook Exchange,
Ltd. LCCN 2003052769. ISBN 1-58477-363-4. Cloth. $80.
* "The
modern assailants of judicial power will find little comfort in this
volume. It consists mainly in a clear and able presentation of
convincing evidence that the power of the courts to override laws
repugnant to the spirit of the Constitution was directly
contemplated by the framers of that instrument. It is apparent that
the author has made a careful study of the Federal Convention of
1787 and in the state ratifying conventions that followed. He does
not rest his case here, but proceeds with a discussion of other
evidence in support of his position...": P.R.B., Yale Law Journal
22:67 cited in Marke, A Catalogue of the Law Collection at New
York University 410.
Douglas,
Charles H.J. The
Financial History of Massachusetts: From the Organization of the
Massachusetts Bay Company to the American Revolution. New
York: The University Faculty of Political Science of Columbia
College, 1891. Studies in History, Economics and Public Law, Volume
1, Number 4. 148 pp. Reprinted 2005 by The Lawbook Exchange, Ltd.
ISBN-13: 978-1-58477-572-0. ISBN-10: 1-58477-572-6. Cloth. $65.
* Douglas divides the history of Massachusetts into two periods, each with distinct financial characteristics: "the period of her dependency on the British crown, and period of her membership in the American Union" (12). Each of these periods is divided once again, resulting in a four-part model of her financial history. Originally published in the series Studies in History, Economics and Public Law edited by the Political Science Faculty of Columbia University, this title is a valuable for its insights into the socio-economic foundations of Massachusetts society.
Drage,
Geoffrey, Translator. The
Criminal Code of the German Empire.
London: Chapman and Hall, 1885. xv, 365 pp. Reprint available
January 2006 by The Lawbook Exchange Ltd. ISBN 1-58477-593-9.
Cloth. $90.
* The German Criminal Code (Reichsstrafgesetzbuch) was ratified by the newly-formed German Empire on 16 April 1871. It is a remarkable work of synthesis drawn mostly the Constitutio Criminalis Carolina (1532), the Code Napoleon (1804), Feuerbach's Bavarian Criminal Code (1813) and the Prussian Penal Code (1851), which was influenced by the Code Napoleon. Its value lay not just in its establishment of uniform federal law but, as Drage notes in his excellent commentary, in its catholicity of historical and contemporary sources. Drawing on the idea of German unity, underscored in this case by the consensus-forming might of Prussian arms, the criminal code remained in force, despite various efforts at reform, until the triumph of National Socialism.
Duer,
William Alexander.
A Course of Lectures on the Constitutional Jurisprudence of
the United States;
Delivered Annually in Columbia College, New York. The Second Edition,
Revised, Enlarged, and Adapted to Professional as well as General
Use. Boston: Little,
Brown & Co., 1856. xxiv, 545 pp. Reprinted 2000 by The Lawbook
Exchange, Ltd. LCCN 99-16385. ISBN 1-58477-020-1. Cloth. $95.
* Duer
[1780-1858], a judge of the New York Supreme Court who served as
president of Columbia College from 1829 until his retirement in
1842, presented this course of lectures to seniors at Columbia after
his retirement. Originally written as The Outlines of the
Constitutional Jurisprudence of the United States and proposed
as a textbook to prominent universities, the work gained the
attention of James Madison and John Marshall, among others. The work
was published under the title Lectures on Constitutional
Jurisprudence in 1843, and revised in 1856, this the final
authorial edition. "Herein Duer still finds ultimate sovereignty in
the people. His statement is that if the people of the United States
had never before acquired a common character, they assumed it when
they ratified the Constitution in conventions." See Bauer,
Commentaries on the Constitution 227, Dictionary of American
Biography III:488.
East,
Sir Edward Hyde.
A Treatise of the Pleas of the Crown. London: Printed by
A. Strahan for J. Butterworth and J. Cooke, 1803. Two volumes.
Reprinted 2004 by The Lawbook Exchange, Ltd. LCCN 2003044223.
ISBN 1-58477-384-7. Cloth. $230.
* Reprint
of the first edition. East's Pleas is one of the classics of
English criminal law. It is still a standard work. "The author spent
about fifteen years in preparing [it]. He had access to private
collections of cases, and his treatise is a result of a most
thorough examination and sifting of all English Crown law writers to
the time of publication. It is written in a clear, concise
style...": Marvin, Legal Bibliography (1847) 286.
Edwards,
George J. The
Grand Jury: An Essay. Philadelphia: George T. Bisel Company,
1906. lxxix, 219 pp. Reprinted 2004 by The Lawbook Exchange, Ltd.
ISBN 1-58477-432-0. Cloth. $75.
* This
important book traces the history and development of the grand jury
from its origins in Saxon England to the author's time. Edwards
[1875-1946] was a prominent Philadelphia lawyer who specialized in
insurance law. His book won the prestigious Peter Stephen DuPonceau
Prize of the Law Academy of Philadelphia in 1904. The Prize Commitee
praised the book's "vast amount and valuable information" and
observed "not only is [the subject] extremely interesting, (...) it
is of great practical importance." Nearly a century later, the book
remains an indispensable authority.
Egerton,
M.A., and W.L. Grant, Editors. Canadian
Constitutional Development: Shown by Selected Speeches and Despatches,
with Introductions and Explanatory Notes.
Toronto: The Musson Book Company Limited, [1907]. xxii, 472 pp.
Reprinted 2006 by The Lawbook Exchange, Ltd. 2005. ISBN 1-58477-613-7.
Cloth. $95.
* This thoroughly annotated collection of source documents from 1760 to 1867 traces the evolution of Canada's constitution from the time of the British conquest to the confederation. The sections, which are arranged according to historical turning points, are "Instructions to Governor James Murray," "The Quebec Act," "The Constitutional Act of 1791," "Proposals for Union," "Lord Durham's Report," "Responsible Government in the Maritime Provinces," "Responsible Government," "The Annexation Movement," "The Tariff Controversy," and "Federation."
Ehrlich,
J.W. The Holy
Bible and the Law. New York: Oceana Publications, [1962].
240 pp. Reprinted 2002 by The Lawbook Exchange, Ltd. LCCN 2001041307.
ISBN 1-58477-192-5. Cloth. $75.
* A handy
reference to biblical quotations relating to subjects of legal
interest. Organized by subject with introductory notes to most
sections, the book covers such topics as adoption, bribery,
contracts, crime and punishment, divorce, drinking, government and
crimes against the State, homicide, husband and wife, military law,
master and servant, perjury, prostitution, oaths, wills and more.
Ehrlich was a prominent trial lawyer and noted speaker who practiced
in San Francisco.
Elias,
Gbolahan. Explaining
Constructive Trusts. Oxford: Clarendon Press; Oxford University
Press, 1990. xxii, 177 pp. Reprinted 2002 by The Lawbook Exchange,
Ltd. ISBN 1-58477-208-5. Cloth. $75.
*
Concerned with "rationalizing the rules" (Preface p. v) of
constructive trusts, this reappraisal of the English law of trusts
discounts two major existing theses regarding the rules (first,
that, based on the North American experience, they should be
considered as instruments of restitution; and second, that they are
disorganized) and advances Elias' new thesis that "the rules should
be regarded as instruments for the rational furtherance of three
good aims: (1) making disponors abide by their dispositions...(2)
making those who gain through loss to others give the gains up to
those others...(3) making those who inflict losses on others repair
those losses..." (Preface p. v). Revision of the author's Ph.D.
thesis at Oxford University. Prof. Lionel Smith, a distinguished
international expert in the law of trusts, applauds this work:
"Elias' book Explaining Constructive Trusts, marks an
important landmark in the development of this legal institution.
Elias explained and ultimately rejected two extreme ways of
understanding the constructive trust. On the one hand is the thesis,
still widely accepted in North America, that all constructive trusts
arise to prevent unjust enrichment. On the other hand is the
traditional view, still popular in England, that constructive trusts
respond to such a wide range of situations that it is impossible to
classify them in any meaningful way in terms of their causative
events. Elias developed an intermediate thesis in which the known
constructive trusts could be grouped into coherent but
differentiated categories. Some do indeed arise to prevent unjust
enrichment; but others arise to perfect a party's intention in
relation to the disposition of his assets; and still other cases in
which the language of constructive trust have been used are actually
cases of compensation for loss wrongfully caused. Much of the
subsequent work on understanding constructive trusts has been built
on these foundations."
[Blackstone,
William]. Eller, Catherine Spicer.
The William Blackstone Collection in the Yale Law Library.
A Bibliographical Catalogue. New Haven: Yale University Press,
1938. xvii, 113 pp. Reprinted 1993 by The Lawbook Exchange, Ltd.
LCCN 99-38826. ISBN 0-9630106-5-4. Cloth. New. $50.
* The
definitive Blackstone bibliography. Reprint of the first and only
edition (1938). This catalogue contains all the printed material
which was collated by the compiler and was primarily a description
of books owned by the Yale Law Library and Yale University Library,
but also includes information concerning other editions known to
exist. Includes English, American, Irish and foreign editions of the
Commentaries as well as his other works, works founded on the
Commentaries and biography and criticism.
Elliot,
Jonathan, Compiler.
The American Diplomatic Code: Embracing a Collection of Treaties
and Conventions between the United
States and Foreign Powers from 1778 to 1834. Also a Concise Diplomatic
Manual Containing a Summary of the Law of Nations from the Works
of Wicquefort, Vattel, Martens, Ward, Kent, Story, &c &c.
Washington: Printed by J. Elliott, Jun., 1834. Two volumes, 1,334
pp. Reprinted 2003 by The Lawbook Exchange, Ltd. ISBN 1-58477-301-4.
Cloth. $195.
* A
useful source of original treaties and conventions with other
countries worldwide, with an index organized by country, a table of
the negotiators, a diplomatic chronology from 1326 to 1834 offering
dates of treaties, and a summary of the law of nations from selected
renowned sources. First published in 1827, this is a reprint of
Elliot's second, updated and final edition, which was adopted by
Secretary of State McLane for the use of his department during the
Jackson administration (1829-1837). "Although the collection of
treaties has been superseded by later collections, Elliot's
summaries of judicial decisions are still valuable." DAB
III:93. Elliot [1784-1846] is widely known as the author of the
important Constitutional collection, The Debates in the Several
State Conventions of the Adoption of the Federal Constitution, as
Recommended by the General Convention at
Philadelphia in
1787.
Dictionary of American Biography III:92-93.
Emerigon,
Balthazard-Marie. [Hall, John E., Translator].
An Essay on Maritime Loans, From the French; With Notes: To
Which is Added an Appendix, Containing the Titles De Exercitoria
Actione, De Lege Rhodia de Jactu, and De Nautico Foenore, Translated
From the Digest and Code of Justinian. And the Title Des Contracts
a la Grosse Aventure ou a Retour de Voyage, From the Marine Ordinance
of Louis XIV. Baltimore: Published by Philip H. Nicklin &
Co., 1811. xvi, [17]-313, [1] pp. Reprinted 2004 by The Lawbook
Exchange, Ltd. ISBN 1-58477-397-9. Cloth. $125.
* Reprint
of the scarce American edition, translated and edited by John
E.Hall. With notes and references to English and American cases.
Emerigon [1716-1785] was the leading French authority on commercial
law. His work was held in the highest regard by English and American
jurists. James Kent observed that "no subject in Emerigon is
discussed without being exhausted." Lord Ellenborough said he was an
"unrivalled" theorist and practical writer. This treatise on
bottomry and respondentia is a useful companion to his treatises on
maritime law and maritime insurance. Citations from Marvin, Legal
Bibliography (1847) 293.
Emerigon,
Balthazard Marie. [Meredith, Samuel, Translator and Editor].
A Treatise on Insurances. Translated from the French with
an Introduction and Notes. London: Henry Butterworth, 1850. lxxviii,
728 pp. Reprinted 2005 by The Lawbook Exchange Ltd. ISBN 1-58477-537-8.
Cloth. $150.
* Originally published in 1783, Emerigon's learned treatise was praised by James Kent, who said it "very far" surpassed "all preceding works in the extent, value, and practical application of his principles. It is the most didactic, learned, and finished product extant on the subject. (...) In the language of Lord Tenterdon, no subject in Emerigon is discussed without being exhausted, and the eulogy is as just as it is splendid." Meredith's able translation is complemented by a brief biography of the author and a chronology of the book's compilation. Emerigon [1716-1785] was the leading French authority on commercial law during the eighteenth and early nineteenth centuries. His work was held in the highest regard by English and American jurists. Kent, Commentaries on American Law 359 cited in Marvin, Legal Bibliography (1847) 293.
Emery,
Lucilius A.
Concerning Justice. New Haven: Yale University Press, 1914.
vii, 170 pp. Reprinted 2002 by The Lawbook Exchange, Ltd. ISBN
1-58477-234-4. Cloth. $60.
* This
volume reprints the Storrs lectures delivered by Emery [1840-1920]
at Yale University in 1914. Emery's profound knowledge of
constitutional law and keen interest in philosophy and history are
clearly evident here. Beginning with conceptions of justice in
Antiquity and in the Judeo-Christian tradition, Emery develops a
general theory of rights, and uses it as a basis for his definition
of justice. His other lectures deal with the securing of justice.
Influenced perhaps by the outbreak of hostilities in Europe, Emery
asserts that the United States has created the finest system yet for
its preservation. "It is most emphatically a book which, once read,
is kept on hand for a re-reading." H.W.C. Yale L.J. 24: 263 as cited
in Marke, A Catalogue of the Law Collection at New York
University (1953) 191. Dictionary of American Biography
144-145.
Endlich,
G[ustav] A[dolf].
A Commentary on the Interpretation of Statutes. Founded on
the Treatise of Sir Peter Benson Maxwell. Jersey City: Frederick
D. Linn & Company, 1888. lxviii, 871 pp. Reprint available
March 2006 by The Lawbook Exchange, Ltd. ISBN-13: 978-1-58477-598-0.
ISBN-10: 1-58477-598-X. Cloth. $150.
* Reprint of the first American edition. While working as the American editor of Maxwell's On the Interpretation of Statutes (1875) Endlich uncovered numerous discrepancies between English and American practice. Transforming the work to focus more carefully on American law, Endlich was instrumental in exposing the varieties of judicial interpretation. Notable for an exhaustive discussion of the permutations courts must adopt to reconcile the practical realities of cases with the static letter of the law, the work remains invaluable as a catholicon for those who insist on the imposition of a single standard.
Epstein,
Louis M. The
Jewish Marriage Contract: A Study in the Status of the Woman in
Jewish Law. New York: Jewish Theological Seminary, 1927. xvii,
316 pp. Reprinted 2005 by The Lawbook Exchange, Ltd. 1-58477-464-9.
Cloth. $85.
* A cogent and compelling examination of the history and significance of the Jewish marriage contract, the Ketubah, with extensive notes in Hebrew and English. As Epstein notes in the preface, the Ketubah offers an excellent introduction to the character of Jewish marriage because it is not a sentimental, rhetorical or subjective text. Instead, it is "a legal document embodying the essential points agreed upon by the parties and sanctioned by the law as to the manner of their living together as husband and wife" [2]. This work will interest those concerned with property rights, family, divorce, and the evolution of betrothal and marriage.
Esmein,
A[dhemar].
A History of Continental Criminal Procedure with Special
Reference to
France. Translated by John Simpson; with an editorial preface
by William E. Mikell and introductions by Norman M. Trenholme
and by William Renwick Riddell.
Boston: Little, Brown and Company, 1913. xlv, 640 pp. Reprinted
2000 by The Lawbook Exchange, Ltd. LCCN 99-045906. ISBN 1-58477-042-2.
Cloth. $100.
* Reprint
of volume 5, Continental Legal History Series. Esmein, "the foremost
legal scholar of France if not of the world" has here analyzed
criminal procedure from its Roman origin, through primitive
Germanic, and throughout French criminal procedure from the 1200s to
the 1800s, as well as 19th century criminal procedure in other
countries in this "masterly work...This volume is to be
unqualifiedly commended as a standard and sufficient history of
continental criminal procedure." J.H.B. Harv. L. Rev.
27:294-295.
Ess,
Henry N. A Treatise
on the Power of Special Taxation: A Critical Analysis of Special
Taxes for Local and Public Improvements, Considered with Reference
to the Constitution, State and Federal, and the Restrictions Therein
Contained. Kansas City: Pipes-Reed Book Co., 1907. x, 389
pp. Reprinted 2004 by The Lawbook Exchange, Ltd. ISBN 1-58477-411-8.
Cloth. $95.
* Ess [b.
1840] warns that the power of local authorities to tax real estate
to fund public improvements is a threat because it is nearly
boundless. Marshalling an impressive array of contemporary cases,
and historical examples from Magna Carta to the present, Ess assails
the law: "The unlimited power of the English Parliament should not
have been given to our city councils.... The public work contracted
to be done may be ruinous to the property taxed and to the
property-owner, yet the tax-bills issued for doing this injury are
sacred constitutional obligations and valid to all intents and
purposes in the hands of the original wrongdoer. Our state
constitutions rival the constitution of Hell and far exceed it in
iniquity.": Preface, v, ix.
Evans,
E.P. The Criminal
Prosecution and Capital Punishment of Animals. New York: E.P.
Dutton, 1906. x, 384pp. Reprinted 1998 by The Lawbook Exchange,
Ltd. LCCN 98-12801. ISBN 1-886363-52-8. Cloth. $75.
* This
pioneering work in English brings together an amazing assemblage of
court cases in which animals have been named as
defendants--chickens, rats, field mice, bees, gnats, and (in 34
recorded instances) pigs, among others--providing insight into such
modern issues as animal rights, capital punishment, and social and
criminal theory. Evans suggests an intriguing distinction between
trials of specific animals or particular crimes (the "murder" of an
infant by a pig, for example) and trials of animals for larger,
catastrophic events such as plagues and infestations. In the latter
case, Evans suggests a parallel to witchcraft. "In 1386, an
infanticidal sow was executed in the old Norman city of Falaise, and
the scene was represented in fresco on the west wall of the Church
of the Holy Trinity in that city. This curious painting no longer
exists, and, so far as can be ascertained, has never been engraved"
(Introduction, 17). Beginning with an illustration of this scene as
envisioned in Arthur Mangin's L'Homme et la Bete and a copy
of Josse de Damhouder's woodcut of "The Execution of the Sow," from
Praxis Rerum Criminalium (Antwerp, 1562).
Exton,
John. The Maritime
Dicaeologie; Or, Sea-Jurisdiction of England. In Three Books.
The First Setting Forth the Antiquity of the Admiralty in England.
The Second Proving the Ports, Havens, and Creeks of the Sea to
be Within the Jurisdiction of the Admiralty. The third shewing
that All Contracts Concerning Maritime Affairs are Within the
Jurisdiction of the Admiralty, and There Cognoscible.
London: Printed for C. Davis, 1746. xvi, 404 pp. Reprinted 2005
by The Lawbook Exchange, Ltd. ISBN 1-58477-480-0. Cloth. $110.
* First published in 1664, this book, though ostensibly descriptive, was written chiefly to maintain the jurisdiction of the Admiralty court in the new government. Beyond its political interest, it offers a detailed analysis of seventeenth-century maritime law and admiralty jurisdiction by at the time when Great Britain was emerging as a major maritime and colonial power. Exton [1600?-1668] was educated at Cambridge, earning the LL.D. in Civil Law in 1634. He was appointed President of the High Court of Admiralty by Parliament in 1649, and was reappointed by the Duke of York after the Restoration.
Fairman,
Charles. Mr.
Justice Miller and the Supreme Court. Cambridge: Harvard University
Press, 1939. [x], 456 pp. Reprinted 2003 by The Lawbook Exchange,
Ltd. LCCN 2002025961. ISBN 1-58477-267-0. Cloth. New. $125.
* Samuel
Freeman Miller [1816-1890] was appointed to the court by Abraham
Lincoln in 1862. An active abolitionist, he was an influential force
during the unsettled years of the Civil War and Reconstruction who
did much to shape the court's interpretation of the Thirteenth,
Fourteenth and Fifteenth Amendments. He wrote the majority opinion
in the influential Slaughter-House Cases. Miller was considered a
prospective presidential candidate by Republican leaders in the
1880s. He served on the Court until his death. "Mr. Fairman has
written the best biography of an American judge since Beveridge's
Life of John Marshall.": Charles E. Wyzanski, Jr., Harvard Law
Review 53: 696-698 cited in Marke, A Catalogue of the Law
Collection at New York University (1953) 1114.
Farnam,
Henry W. Chapters
in the History of Social Legislation in the United
States to 1860.
Washington: Carnegie Institution of Washington, 1938. xx, 496
pp. Reprinted 2000 by The Lawbook Exchange, Ltd. LCCN 99-049362.
ISBN 1-58477-054-6. Cloth. $100.
* A
social history of the class system in the United States from the
colonial period through the constitutional era dealing primarily
with slavery. Other legislative areas affected by the social
structure of the times covered include laws of debt, land tenure,
fair trade and food supply.
Ferriere,
Claude Joseph de.
Dictionnaire de Droit et de Pratique, Contenant L'Explication
des Termes de Droit, d'Ordonnances, de Coutumes, & de Pratique.
Avec les Jurisdictions de France. Nouvelle Edition, Revue, Corrigee
& Augmentee Par ***. Toulouse: Chez Me. Rayet, 1787. Two volumes. Text printed in double columns. Reprint available July 2006 by the Lawbook Exchange, Ltd. With a new introduction by Jennie Meade. ISBN 1-58477-655-2. Cloth. $295. * Reprint of the final edition, "with additions exclusive to this edition, as well as those added to the 1771 Paris edition." First published in 1734, this was the most important French law dictionary of the eighteenth century. It is an encyclopedic dictionary. Most of its definitions are remarkably long and detailed, many are divided into complex sub-categories. Several entries include the etymology of legal terms and trace the history of laws and customs. This dictionary reflects the optimistic spirit of progressive reform that reached fruition in the French Revolution. In his definition 'Juge,' for example, he criticizes the vast power given to ecclesiastical judges and courts in the past and expresses thanks that they do not enjoy these powers any longer (Volume II 71). Ferriere [c.1680-c.1748] was a well known French jurisconsult, dean of the Faculty of Law in Paris and a prolific author.
*** is believed to be A.G. Boucher d'Argis [1708-1791], a Parisian jurist and legal writer.
Ferriere,
Claude Joseph de. [Beaver, John, Translator]. [Duck, Sir Arthur].
The History of the Roman or Civil Law. Shewing Its Origin and
Progress; How, and When the Several parts of It Were First Compil'd;
With Some Account of the Principal Writers and Commentators Thereupon;
And the Method to be Observ'd in Studying the Same. Written Originally
in French. To Which is Added, Dr. Duck's Treatise on the Use and
Authority of the Civil Law in England.
[With]
The History of the Origine of the French Laws, Translated from the French by J.B. Esq., With a Preface and Notes Shewing, the Analogy of the Laws of the Antient Gauls and Britons. London: Printed for D. Browne, 1724. [xii], iv, [2], 169, xxxviii, [8], vii, 105, 7 pp. Reprinted 2005 by The Lawbook Exchange, Ltd. With new Introduction by Michael Hoeflich. ISBN 1-58477-663-3. Cloth. $85.
* Through the influence of Doctors' Commons and the universities the civilians played an important role in the development of English law, especially in the fields of commercial, estate and admiralty law. Despite its value, study of the civil law had entered a moribund phase by the eighteenth century. Several student handbooks attempted to correct this deficiency, and Beaver's translation of Ferriere's treatise is among the best. Accompanied by Duck's learned essay that connects the civil law to the common law, the work is among the first in English to establish the confluence of these legal traditions. Also included is Beaver's translation of The History of the Origine of the French Laws, Translated from the French by J.B. Esq., Shewing, the Analogy of the Laws of the Antient Gauls and Britons. First published anonymously in 1703, it has been attributed to Ferriere, Gabriel Argou and Claude Fleury. Ferriere was a well known French jurisconsult, dean of the Faculty of Law in Paris and the author of legal treatises and an important legal dictionary.
Ferreira-Ibarra,
Dario C., Compiler.
The Canon Law Collection of the Library of Congress: A General
Bibliography with Selective Annotations. Washington: Library
of Congress, 1981. xiii, 210 pp. 8-1/2" x 11." Reprinted
2004 by The Lawbook Exchange, Ltd. LCCN 2003052789. ISBN 1-58477-366-9.
Cloth. New. $150.
* The
Library of Congress has one of the largest collections of published
Canon Law materials in the world. This bibliography, which includes
all items catalogued before 1980, is thus a powerful guide to a body
of legal literature that dates back to the birth of printing. The
first three sections cover early editions of the Code of Canon Law,
the code's historical foundations and the decisions of the Roman
Rota, or the Church's jurisprudence. The remaining sections
correspond exactly to the divisions of the Code of Canon Law and
cover such subjects as persons, things, procedural law and crimes
and penalties. Comprehensive author and subject indexes are included
as well.
Fessenden,
Thomas G. An
Essay on the Law of Patents for New Inventions. With an Appendix
Containing the French Patent Law, Forms, &c. Boston: Published
by D. Mallory & Co., 1810. xxxix, [40]-229 pp. pp. Reprinted
2003 by The Lawbook Exchange, Ltd. LCCN 2003044243. ISBN 1-58477-357-X.
Cloth. $150.
* Reprint
of the scarce first edition of the first American book on the
subject. A true "Renaissance man," Fessenden [1771-1837] was a
lawyer, poet, journalist, inventor and venture capitalist who
promoted various inventions. He was the holder of two patents for
heating devices. He promoted "scientific" techniques in The New
England Farmer, a journal he founded. Also a prominent satirist,
he wrote numerous pieces under the pseudonym Christopher Caustic for
one of his other journals, The Terrible Tractoration. His
treatise contains summaries of the relevant statutes, digests of
leading cases (such as Whitney v. Carter over the invention of the
cotton gin) and comparisons between the patent laws of the Unites
States, Great Britain and France. The appendix contains the United
States Patent Law of 1800, a bilingual collection of French laws and
a set of French recommendations for improvements in the laws of the
United States.
[Field
Codes]. [New York 1850-1865]. New York Field Codes. 1850-1865.
Vol. I.
The Code of Civil Procedure of the State of
New-York, Reported Complete by
the Commissioners on Practice and Pleadings. 1850.
[8], xcvi, 791 pp.
Vol. II.
The Code of Criminal Procedure of the State of
New York, Reported Complete by
the Commissioners on Practice and Pleadings. 1850.
[1], 486 pp.
Vol.
III. The Civil
Code of the State of
New York, Reported Complete by
the Commissioners of the Code. 1865.
cxii, 776 pp.
Vol. IV.
The Penal Code of the State of
New York, Reported Complete by
the Commissioners of the Code. 1865.
lxiv, 406 pp. clxvii [Appendix] pp.
Vol. V.
The Political Code of the State of
New York. 1860.
xlvii, 607 pp. With a new
introduction by Michael Weber. Reprinted 1998 by The Lawbook
Exchange, Ltd. Five volume set. ISBN 1-886363-40-4 (set). Cloth.
New. $495.
* These
five volumes contain the complete texts of the law codes drafted for
New York State by David Dudley Field and his colleagues during the
years 1847 to 1865. They include Field's two procedural codes and
three substantive codes.
Field was perhaps the leading
American proponent of codification. He served with both groups of
commissioners and, more than any other individual, was responsible
for the drafting of all of the codes. He has been called "an
inexhaustible one man codifying machine." Field's codes had great
impact both in the United States and internationally and clearly are
worthy of study today. This reprint is prefaced by a new
introduction by Michael Weber.
Field,
Oliver P. The
Effect of an Unconstitutional Statute. Minneapolis: University
of Minnesota Press, 1935. xi, 355 pp. Reprinted 2002 by The Lawbook
Exchange, Ltd. LCCN 2001022508. ISBN 1-58477-181-X. Cloth. $80.
* State
and federal courts have a long history of deeming statutes
unconstitutional. Although there have been a number of treatises on
the nature of judicial review, this volume treats the issue of the
results of a statute deemed unconstitutional. "The varying meanings
of the process of `declaring a statute unconstitutional' or
unenforceable, the meaning of 'unconstitutionality,' the legal
effect of the tainted statute or its defective part, and of the
decision branding it, are the subject matter of this scholarly and
effective book." Edwin Borchard, Yale Law Journal 45:1533.
Marke, A Catalogue of the Law Collection at
New York
University
(1953) 397-398.
Field,
Stephen J[ohnson].
Personal Reminiscences of Early Days in California,
with Other Sketches... To Which is added the Story of his Attempted
Assassination by a Former Associate on the Supreme Bench of the
State by Hon. George C. Gorman.
[Washington, D.C.]: Printed for a Few Friends. Not Published,
[1893]. vi, 406 pp. Reprinted 2001 by The Lawbook Exchange, Ltd.
LCCN 00-067118. ISBN 1-58477-133-X. Cloth. $85.
* Field
[1816-1899] was the draftsman of the 1851 California Practice Act
and went on to become an associate justice of the Supreme Court of
the United States in 1863. Having emigrated to California from New
York in 1849, the experiences of his adventures there, personal and
professional (he was both disbarred and then elected to the state
legislature), are recounted in his Reminiscences, which he
dictated in his later years. "The book evinces devotion to the fact
and energy of purpose, as well as some appreciation of humorous
situations.": Dictionary of American Biography III:373.
[Field,
Stephen Johnson]. Pomeroy, John Norton.
Some Account of the Work of Stephen J. Field as a Legislator,
State Judge, and Judge of the Supreme Court of the
United States.
[n.p.]: [S.B. Smith], 1881. 464 pp. Reprinted 2003 by The Lawbook
Exchange, Ltd. ISBN 1-58477-326-X Cloth. $90.
* Stephen
Johnson Field [1816-1899] began his career as a legislator and
member of the Supreme Court of California. One of his earliest
accomplishments was his work as draftsman of the 1851 California
Practice Act. He was appointed to the United States Supreme Court in
1863 and remained on the bench until 1897. He also served a
concurrent term as a circuit court judge for the Pacific states. One
of the great justices of the nineteenth century, he had a lasting
influence on Constitutional law through his contributions to
Fourteenth Amendment jurisprudence and its Due Process Clause.
Dictionary of American Biography III:373. In this book Pomeroy
[1828-1885], the author of Treatise on Equity Jurisprudence
and other important works, surveys and analyzes every significant
opinion delivered by Field throughout his career, with an emphasis
on his years on the U.S. Supreme Court and on the circuit.
Finkelman,
Paul, Editor. A
Brief Narrative of the Case and Tryal of John Peter Zenger
Printer of the
New York Weekly Journal.
New York: Brandywine Press, [1997]. vii, 175 pp. Reprinted 2000
by The Lawbook Exchange, Ltd. LCCN 99-049431. ISBN 1-58477-051-1.
Cloth. $50.
* The
1736 edition of the trial narrative is reproduced in this edition,
along with Finkelman's scholarly introduction that explains the
legal significance of Zenger's case. Zenger was tried for seditious
libel and his 1735 acquittal is generally regarded as the first
major victory for freedom of the press in the American colonies.
Finkelman,
Paul. An Imperfect
Union: Slavery,
Federalism and Comity.
Chapel Hill: The University of North Carolina Press, 1981. xii,
378 pp. Reprinted 2000 by The Lawbook Exchange, Ltd. LCCN 00-021509.
ISBN 1-58477-092-9. Cloth. $85.
*
Finkelman describes the judicial turmoil that ensued when slaves
were taken into free states, and the resultant issues of the
conflict of laws, comity and cooperation between the states, their
Constitutional obligations, and the threat of the nationalization of
slavery.
Finkelman,
Paul. Slavery
in the Courtroom: An Annotated Bibliography of American Cases.
Washington: Library of Congress, 1985. Illustrated. xxvii,
312 pp. Reprinted 1998 by The Lawbook Exchange, Ltd. LCCN 98-11284.
ISBN 1-886363-48-X. Cloth. $85.
*
Slavery in the Courtroom was first published in 1985 and the
following year received the Joseph A. Andrews Award from the
American Association of Law Libraries. The book provides a detailed
discussion and analysis of the pamphlet materials on the law of
slavery published in the United States and Great Britain. Slavery
in the Courtroom also provides readers with easy access to an
understanding of most of the important American and British cases on
slavery, including Somerset v. Stewart (Eng., 1772), The
United States v. Amistad (U.S., 1841), and Dred Scott v.
Sanford (U.S., 1857).
Paul Finkelman is the Chapman
Distinguished Professor of Law at the University of Tulsa College of
Law. The author of more than ten books and over 75 scholarly
articles, he has lectured on American law throughout the United
States, Europe and South America.
Fisher,
Sydney George. The
Evolution of the Constitution of the United States. Showing That
It Is a Development of Progressive History and Not an Isolated
Document Struck Off at a Given Time or an Imitation of English
or Dutch Forms of Government.
Philadelphia: J.B. Lippincott, 1897. 398 pp. Reprinted 1996 by
The Lawbook Exchange, Ltd. LCCN 97-41054. ISBN 1-886363-08-0.
Cloth. $65.
* Reprint
of the first edition. Fisher [1856-1927] was a prominent historian
and lawyer, who was admitted to the Pennsylvania bar in 1883 after
legal studies at Harvard University. His Evolution of the
Constitution collates for the first time all the various
provisions of colonial documents that served as source material for
the Constitution. Asserting that the Constitution was neither an
imitation nor an invention, Fisher traces every material clause back
to its origin. Twenty-nine colonial charters and constitutions,
seventeen Revolutionary constitutions, and twenty-three plans of
union are the resulting source materials from which Fisher draws his
analysis. Abundant quotations from the sixty-nine documents
illustrate the evolutionary nature of the Constitution and make this
a valuable sourcebook for the reader who desires to find in one
volume the Constitution's many and varied origins.
Flanders,
Henry. An Exposition
of the Constitution of the United
States. Designed as a Manual of Instruction.
Philadelphia: E.H. Butler & Co., 1860. xii, 311 pp. Reprinted
1999 by The Lawbook Exchange, Ltd. LCCN 99-31594. ISBN 1-58477-014-7.
Cloth. $60.
*
Flanders [1824-1911], a well-known and highly regarded Philadelphia
lawyer of his time, clearly describes the origin and organization of
the Constitution and the legislature and its branches, the power of
Congress and the power denied to Congress and the states under the
Constitution. Written for students, and thus written in a lucid and
organized manner, with questions for the reader in the notes on each
page. The work went through several editions, this being a reprint
of the first edition. Cohen, Bibliography of Early American Law
2821. Bauer, Commentaries on the Constitution 362. Flanders
is also the author of A Treatise on Maritime Law which is
also available in reprint from The Lawbook Exchange.
Flanders,
Henry. A Treatise
on the Law of Shipping. Philadelphia: T. & J.W. Johnson,
Law Booksellers, 1853. [ix]-xxx, [31]-580 pp. Reprinted 2003 by
The Lawbook Exchange, Ltd. LCCN 2003052799. ISBN 1-58477-373-1.
Cloth. $150.
*
Flanders [1826-1911] covers aspects of admiralty law relevant to
ship owners, ship's officers and other individuals involved in the
maritime trade, as well as the law concerning passengers and
freight. Topics include the rights and duties of sailors, the
punishment of offences committed at sea, the master's relation to
the ship's owners, his duties in time of war and the carriage of
goods. The Dictionary of American Biography describes this
and Flanders' Treatise on Maritime Law (1852) as works that
"gave evidence of deep research and unusual ability. Distinguished
for lucid exposition and attractive style, these works in a short
time became acknowledged authorities upon the subject with which
they dealt" (III:454). Along with those of Hall, Kent, Phillips and
Wheaton, Flander's Treatise on the Law of Shipping belongs to
the select list of American works that defined the field in the
years before the Civil War.
Flanders,
Henry. A Treatise
on Maritime Law.
Boston: Little, Brown and Company, 1852. xvi, 444 pp. Reprinted
1999 by The Lawbook Exchange, Ltd. LCCN 98-50814. ISBN 1-886363-72-2.
Cloth. $75.
* One of
the most admired admiralty lawyers in the country, Flanders
[1824-1911] had been a member of the New Hampshire Bar who moved his
practice to Philadelphia after the publication of this successful
work. Dictionary of American Biography describes this and his
later work A Treatise on the Law of Shipping (1853) as works
that "gave evidence of deep research and unusual ability.
Distinguished for lucid exposition and attractive style, these works
in a short time became acknowledged authorities upon the subject
with which they dealt.": Dictionary of American Biography
III:454.
[F.O.].
The Law-French Dictionary Alphabetically Digested, Very Useful
for All Young Students in the Common Laws of England.
To Which is Added the Law-Latin Dictionary: Being an Alphabetical
Collection of Such Law-Latin Words as Are Found in Several Authentic
Manuscripts, and Printed Books of Precedents, Whereby Entring-Clerks,
and Others, May be Furnished with Fit and Proper Words, in a Common
Law Sense, for Any Thing They Shall Have Occasion to Make Use
of, in Drawing Declarations, or Any Parts of Pleading. Also, A
More Compendious and Accurate Exposition of the terms of the Common
Law (Interspers'd Throughout) Than in any Hitherto Extant, Containing
Many Important Words of Art Used in Law Books. Collected Out of
the Best Authors by F.O.
London: Printed for Isaac Cleave and John Hartley, 1701. Two Volumes
in one, each with title page. Unpaginated. Reprinted 2004 by The
Lawbook Exchange, Ltd. LCCN 2003052783. ISBN 1-58477-377-4. Cloth.
$135.
* Reprint
of the first edition. This landmark work was the first dictionary
written to aid lawyers in the translation of the Year Books, old
deeds and other early documents. Each definition carries one or more
references to examples in works by such authors as Brook, Coke,
Crompton, Fitzherbert, Littleton and Plowden. The second part is a
Latin dictionary that aimed to assist attorneys in the drafting of
pleadings.
Ford,
Paul Leicester.
Bibliography and Reference List of the History and Literature
Relating to the Adoption of the Constitution of the
United States 1787-8.
Brooklyn, N.Y.: [By the Author], 1896. 58 pp. Reprinted 2003 by
The Lawbook Exchange, Ltd. LCCN 2002025962. ISBN-13: 978-1-58477-268-2.
ISBN-10: 1-58477-268-9. Cloth. New. $55.
* Reprint
of a rare self-published volume that was issued in a single edition
of only 100 copies. Ford [1865-1902], an authority in the field,
offers a well-annotated and thorough bibliography of books,
pamphlets, periodical articles, newspaper articles and broadsides.
Also includes a useful reference list organized by author, format,
content, ideological position and place of publication.
Ford,
Paul Leicester [1865-1902].
Bibliotheca Hamiltoniana. A List of Books Written by, or Relating
to Alexander Hamilton. New York: Printed for the Author The
Knickerbocker Press, 1886. vi, [80] pp. (irregular pagination).
Reprinted 2003 by The Lawbook Exchange, Ltd. ISBN 1-58477-285-9.
Cloth. New. $85.
*
Contains Alexander Hamilton's official and unofficial writings and
those relating to him, arranged chronologically under the date of
the first edition, with principal locations noted. With a useful
chronological bibliography of all editions of The Federalist,
with collations. Alexander Hamilton [1755-1804] was Secretary of the
Treasury under George Washington, and author, along with John Jay
and James Madison, of the influential collection of political
essays, The Federalist. During his short lifetime Ford was a
historian and historical novelist as well as a noted and prolific
bibliographer of Americana and editor of Autobiography of Thomas
Jefferson, 1743-1790. Dictionary of American Biography
III: 518-520.
Ford,
Paul Leicester.
Pamphlets on the Constitution of the United
States, Published During Its Discussion by the People 1787-1788.
Brooklyn, N.Y., 1888. viii, 451 pp. Reprinted 2000 by The Lawbook
Exchange, Ltd. LCCN 99-25089. ISBN 1-886363-95-1. Cloth. $75.
* A
collection of rare pamphlets that treat the question of the
Constitution, with annotations and a bibliography by Ford, author of
a bibliography of Franklin's works. "Recommended by Warren for `The
sources from which interpretations of the meaning of the provisions
of the Constitution (U.S.) have been obtained at various times in
the past...' Warren, The Making of the Constitution 784." Marke,
A Catalogue of the Law Collection at
New York
University
(1953) 375.
Ford,
Worthington Chauncey and Albert Matthews.
A Bibliography of the Laws of the Massachusetts
Bay 1641-1776.
Reprinted from the Publications of The Colonial Society of Massachusetts
Vol. IV. Cambridge: Privately Printed, 1907. vi, 186 pp. Reprinted
2002 by The Lawbook Exchange, Ltd. ISBN 1-58477-284-0. Cloth.
New. $85.
* Lists
the acts and laws of Massachusetts as published from 1641-1776, with
collation, locations and relevant notes. Only 100 copies of this
important Massachusetts law bibliography were originally printed.
Ford was the brother of the historian Paul Leicester Ford. Marke,
A Catalogue of the Law Collection at
New York
University
(1953) 1199.
Forsyth,
William. The
History of Lawyers. Ancient and Modern. Boston: Estes &
Lauriat, 1875. Illustrated. xvii, 404 pp. Reprinted 1996 by the
Lawbook Exchange, Ltd. LCCN 95-51103. ISBN 1-886363-14-5. Cloth.
$60.
* First
published in 1849 in London under the title Hortensius: or, The
Advocate, Forsyth's History of Lawyers is a spirited
account of advocacy in ancient Greece, Rome, and England and of the
bar in France. Acknowledging that "[w]e are too apt to cloth the
ancients in buckram, and view them, as it were, through a magnifying
glass, so that they loom before us in the dim distance in almost
colossal proportions," Forsyth presents in familiar terms the
language of the law and how advocates behaved. Frequently citing
classical sources with his own translations, he describes in
impressive detail such things as curious trials and the rights and
obligations of counsel. Chapter headings include: The Athenian
Courts; Advocacy in Ancient Rome; The Bar under the Empire and in
the Middle Ages; The Noblesse de la Robe; The Honorarium; ad,
Forensic Casuistry.
Forsyth,
William. History
of Trial by Jury
[Second edition]. Jersey City: Frederick D. Linn, [1875].
x, 388 pp. Reprinted 1994 by The Lawbook Exchange, Ltd. LCCN 96-14505.
ISBN 0-9630106-8-9. Cloth. $65.
* First
published in England in 1852, Forsyth's Trial by Jury is the
first full-scale historical account of the rise and growth of the
jury system in England. The American edition adds a number of notes,
as well as making several corrections to American references.
Fortescue,
Sir John. De
Laudibus Legum Angliae. A Treatise in Commendation of the Laws
of England. With Translation by Francis Gregor. Notes by Andrew
Amos and a Life of the Author by Thomas (Fortescue) Lord Clermont.
Cincinnati: Robert Clarke & Co., 1874. lxiv, 302 pp. Reprinted
1999 by The Lawbook Exchange, Ltd. LCCN 99-16485. ISBN 1-58477-019-8.
Cloth. $65.
* Written
in 1470, De Laudibus was intended for the instruction of
Edward, Prince of Wales. Written in the form of a dialogue, this
book contains one of the earliest sketches of the English legal
system. This is the
first appearance of the modern edition, based on the 1825 Amos
edition, which includes for the first time the life of the author by
Lord Clermont, a direct descendant, as well as his corrected version
of both the text and translation, these having appeared only in an
1869 privately published edition of Fortescue's works limited to 120
family copies.
Fortescue,
Sir John. The
Governance of England: Otherwise Called The Difference between
an Absolute and a Limited Monarchy. A Revised Text edited with
Introduction, Notes, and Appendices by Charles Plummer.
London: Oxford University Press, 1885. xxiii, 387pp. Reprinted
1999 by The Lawbook Exchange, Ltd. ISBN-13: 978-1-886363-79-3.
ISBN-10: 1-886363-79-X. Cloth. $70.
* "This
work cannot be described as the first law book written in English,
but it has the distinction of being the first book about law in that
language..." Winfield, The Chief Sources of English Legal History
317-318. Examines and compares the value of absolute and limited
monarchy in the governments of France and England. First published
in 1714, this edition, which was edited by Christopher Plummer, was
published in 1885. Winfield also describes this edition as "The best
edition." Marke, A Catalogue of the Law Collection at New York
University (1953) 365.
Foss,
Edward. A Biographical
Dictionary of the Judges of England From the Conquest to the Present
Time 1066-1870. London: John Murray, 1870. xv, 792 pp. Reprinted
2000 by The Lawbook Exchange, Ltd. LCCN 99-12577. ISBN 1-886363-86-2.
Cloth. $100.
* A
biographical dictionary that provides authoritative factual data
about every judge in England who served from the reign of William
the Conqueror to 1870, and based on original sources, it is an
important and handy one volume work of reference for legal
historians. Foss
[1787-1870] was a founder and later president of the Incorporated
Law Society.
Foss, Edward. The
Judges of England; with Sketches of Their Lives, and Miscellaneous
Notices Connected with the Courts of Westminster, from the Time
of the Conquest.
London: Longman, Brown, Green, and Longmans, 1848-1864. Nine volumes.
Reprinted 2003 by The Lawbook Exchange, Ltd. LCCN 2002040730. ISBN
1-58477-304-9. Cloth. $895.
*
Authoritative biographies of 1,589 chancellors, masters of the
rolls, and judges of the courts are provided for each reign, from
the time of the Norman Conquest through the reign of Queen Victoria,
1066-1864. Based on original sources, it is an important reference
work for legal historians. Considered "the standard authority" in
its field by J.C. Robertson in the Law Times of Sept. 24,
1870, (see Dictionary of National Biography VII:491-492), it
is frequently cited by Holdsworth in A
History of English Law. Foss was a founder and later president
of the Incorporated Law Society. A prolific magazine contributor
during his professional practice, he dedicated himself during his
retirement to a study of the history of the legal profession, and
lent various materials from his collection to Lord Campbell for
Lives of the Chancellors. In 1843 he published The Grandeur
of the Law and then went on to write The Judges over a
sixteen year period. "A" rated in the American Association of Law
Schools, Law Books Recommended for Librarians.
 |
|
