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261. Sears, John H.
Trust Estates as Business Companies. [Second Edition]. Kansas
City, Mo.: Vernon Law Book Company, 1921. xx, 782 pp. [1921]. Reprinted
1998 by The Lawbook Exchange, Ltd. LCCN 97-32423 ISBN 1-886363-41-2. Cloth. $95.
* Sears invented the term "trust estates as
business companies" which was recognized and defined in Rawle's Third
Revision of Bouvier's Law Dictionary. A practical description of the
law of trusts including historical perspectives into the origin of the modern
"Massachusetts Business trust," arguably the only common-law method of business
organization available with limited liability for the organizers, including
the Standard Oil Trust. The text also includes a discussion of income
taxation which is still of continued relevance in today's tax law, discussions
of "Common Law Companies," "Business Trusts" and "Voluntary Associations"
and relevant Massachusetts and Oklahoma statutes. The second edition is
a significant update to the original 1912 edition.(20973)
262.
Shumaker, Walter A.
The Cyclopedic Law Dictionary Comprising the Terms and Phrases of American
Jurisprudence, Including Ancient and Modern Common Law, International Law,
and Numerous Select Titles from the Civil Law, the French and the Spanish
Law, etc., etc. with an Exhaustive Collection of Legal Maxims. Second Edition
by James C. Cahill. Chicago: Callaghan and Company, 1922. xii, 545 pp.
Reprinted 2001 by The Lawbook Exchange, Ltd. LCCN 99-11404. ISBN 1-886363-85-4.
Cloth. $150.
* Second edition of a one volume law dictionary
intended to define and provide explanations of words and maxims relating
strictly to law, without elucidation, for those not deeply acquainted with
law. The author has based the work on Bouvier's Law Dictionary, 1867,
and elaborated on such to include modern terms and maxims, and consequently
more than doubled the number of terms defined therein.(28763)
263. Sidney, Algernon.
Discourses on Government. To which is Added, An Account of the Author's
Life, and a Copious Index. New York: Richard Lee, 1805. Three volumes.
Reprint available 2002 by The Lawbook Exchange, Ltd. LCCN 2001038948. ISBN
1-58477-209-3. Cloth. $250.
* This important work appeared fifteen years
after Sidney's execution for treason in 1683. A reply to Filmer's Patriarcha,
the Discourses is one of the earliest modern statements of republican ideals.
He proposes a doctrine of natural justice and governmental order from which
all institutions vary at their peril. More important, Sidney asserts that
a king's authority is granted by parliament, which has the additional power
to depose him, indeed a controversial idea during the Restoration period.
Thomas Jefferson, one of several individuals influenced by this text, described
it as "...probably the best elementary book of the principles of government,
as founded in natural right which has ever been published in any language;
and it is much to be desired in such a government as ours that it should
be put into the hands of our youth as soon as their minds are sufficiently
matured for that branch of study." (Sowerby). Sidney [1622-1683] was beheaded
by Charles II in part for his involvement in the Rye House plot. One of
the other charges against him was that he had committed treasonable libel
in this work, which was still in manuscript at that time. Sowerby, Catalogue
of the Library of Thomas Jefferson, III: 12. Marke, A Catalogue of
the Law Collection at New York University (1953) 953. Catalogue of
the Library of the Harvard Law School (1909) II: 588. Sweet and Maxwell,
A Legal Bibliography of the British Commonwealth of Nations I: 107.
Wing, Short Title Catalogue of English Books 1641-1700 S3761.(33624)
264. Spooner, Lysander.
An Essay on the Trial by Jury. Boston: Bela Marsh, 1852. 224 pp.
Reprint available 2002 by The Lawbook Exchange, Ltd. LCCN 00-058811. ISBN
1-58477-156-9. Cloth. $70.
* One of the earliest treatises on the subject.
Spooner's powerful argument for reform of the jury system holds that jurors
should be drawn by lot from the whole body of citizens, and that they should
be judges of law as well as of the fact in question. Spooner [1808-1887]
was well known for his controversial arguments on political and legal subjects.
Dictionary of American Biography IX:466-467.(29520)
265. [St. Germain, Christopher]. [1460-1540].
The Doctor and Student or Dialogues Between a Doctor of Divinity and
a Student in the Laws of England Containing the Grounds of Those Laws Together
with Questions and Cases Concerning the Equity Thereof Revised and Corrected
by William Muchall, Gent. to which are added two pieces concerning Suits
in Chancery by Subpoena. Cincinnati:Robert Clarke & Co., 1874. xiv,
401pp. Reprinted 1998 by The Lawbook Exchange, Ltd. LCCN 98-11338. ISBN
1-886363-49-8. Cloth. $65.
* Written originally in Latin in 1523, this
work contains two dialogues between a doctor of divinity and a student of
English law, and is known for putting into popular form canonist learning
regarding the nature and object of law, the religious and moral standards
of law, the foundations of the common law and other discussions regarding
the jurisdiction of Parliament. A very important work in the development
of equity, Doctor and Student appeared in numerous editions. It was
frequently cited and influenced generations of legal writers down to Blackstone
and later. Marke, A Catalogue of the Law Collection of New York University
(1953) 38. Catalogue of the Library of the Law School of Harvard University
(1909) II:516-517.(21534)
266. Stammler, Rudolph.
The Theory of Justice. Translated by Isaak Husik. New York: The Macmillan
Company, 1925. xli, 591 pp. Reprinted 2000 by The Lawbook Exchange, Ltd.
LCCN 99-054019. ISBN 1-58477-066-X. Cloth. $95.
* From the Modern Legal Philosophy Series.
Here the noted German philosopher disputes the historical and natural schools
of jurisprudence and advocates a philosophical approach to law. In addition
to Stammler's text, the volume includes the translator's introduction which
outlines the basis of Stammler's theory, an appendix which contains an essay
on Stammler's critical system by Francois Geny and "Stammler and his Critics"
by John C.H. Wu. Marke, A Catalogue of the Law Collection of New York
University (1953) 927.(27733)
267. Stevens, Robert.
Law School: Legal Education in America from the 1850s to the 1980s.Chapel
Hill: The University of North Carolina Press, [1983]. xvi, 334 pp. Reprinted
2001 by The Lawbook Exchange, Ltd. ISBN 1-58477-199-2. Cloth. $85.
* Comprehensive history of over a century of
legal education in America. Examines the law school institution and its
impact on the legal profession and the society it serves. This highly lauded
work won a Certificate of Merit from the American Bar Association upon its
original publication. Stevens' distinguished career in education and law
includes his seventeen-year term as professor of law at Yale University
and nine-year term as president of Haverford College, during which tenure
this work was published. Well-annotated and indexed, with a thorough bibliography.(32383)
268. Stimson, Frederic Jesup.
Glossary of Technical Terms, Phrases, and Maxims of the Common Law.
Boston: Little, Brown, and Company, 1881. iv, 305pp. Reprinted 1999 by The
Lawbook Exchange, Ltd. LCCN 98-50813. ISBN 1-886363-70-6. Cloth. $60.
* The terms in this glossary include those
relating to civil and canon law, and provide precise definitions based on
the common law of England. By the author of American Statute Law and
several works on private rights and state and federal constitutions.(24020)
269. Stimson, Frederic Jesup.
Popular Law_Making. A Study of the Origin, History, and Present Tendencies
of Law-Making by Statute. New York: Charles Scribner's Sons, 1910. xii,
545 pp. Reprint available 2002 by The Lawbook Exchange, Ltd. LCCN 00-022513.
ISBN 1-58477-094-5. Cloth. $85.
* Stimson [1853-1943] was a professor of comparative
legislation at Harvard University. His study of statute creation is a thorough
survey that starts with the English idea of law, goes on to cover early
English legislation and the Magna Charta, the re-establishment of Anglo-Saxon
law and the question of common law against civil law, early labor legislation
and laws against restraint of trade and "trust," medieval legislation, then
discusses English and American rates and prices, corporations, labor laws,
military and mob law and the right to arms, legislation concerning personal
and racial rights, sex legislation, marriage and divorce, American legislation
in general and property rights in particular, and more. "Recommended by
Hurst for 'general review of legislative contributions to the body of the
law.'" Hurst, Growth of American Law 453. Marke, A Catalogue of
the Law Collection of New York University (1953) 206.(28764)
270. Stokes, Anthony.
A View of the Constitution of the British Colonies, in North-America
and the West-Indies, at the Time the Civil War Broke Out on the Continent
of America. London: Printed for the author and sold by B. White, 1783.
555, (1) pp. Reprint available 2002 by The Lawbook Exchange, Ltd. ISBN 1-58477-224-7.
Cloth. $90.
* Stokes [1736-1799], chief justice of the
General Court of the Georgia colony from 1769-1776, and in restored Royal
Georgia from 1779-1782, "gives a very interesting discussion of the state
of legal administration in the southern colonies...Stokes also discusses
what part of the English Common Law the colonists had brought along with
them" (Reinsch). Contents include chapters on the Colonial civil and criminal
courts, counsel and attorneys in the colonies, the court of Vice-Admiralty,
and negroes in the colonies and the modes of conveyance and manumission.
Reinsch, Colonial Common Law, Select Essays in Anglo-American Legal History,
By Various Authors...of the Association of American Law Schools 409-410.
Howes, U.S.iana, 1650-1950 (2nd ed.) S-1024. Adams, The American
Controversy 83-87. Sabin, A Dictionary of Books Relating to America
91994.(33634)
271. Stokes, I.N. Phelps.
The Iconography of Manhattan Island 1498-1909. New York: Robert H.
Dodd, 1915. Six volumes. Reprinted 1998 by The Lawbook Exchange, Ltd. LCCN
97-30604. ISBN 1-886363-30-7. Cloth. $750.
* Reprint edition of Stokes' magnificent and
comprehensive illustrated history of Manhattan. This sweeping survey, originally
published over the span 1915 to 1928, is divided into two parts, with volumes
one and two comprising the first. These initial volumes present historical
summaries, followed by exquisite plates and thorough plate descriptions.
Part two repeats this pattern in volume three; presents a detailed chronology
of historical events and personages in volumes four and five; and concludes
with an addenda, bibliography, and index to the entire work in volume six.
Interspersed throughout are the maps, documents, photographs, engravings,
illustrations, etc. that Stokes and his assistants assembled from countless
original sources. The quality and scope of visual representations truly
befits its vast subject, Manhattan. Those concerned with the legal aspects
of colonial and New York history will be particularly interested in the
wealth of material from original sources to be found throughout these six
volumes. The historical chronologies and detailed descriptions are enhanced
by the facsimile plates which portray records and documents showing charters,
ordinances and proclamations, etc.; handbills, broadsides, surveys, plans,
portraits and numerous illustrations relating to the legal history of New
York from the "period of discovery" through the Dutch and English settlements
and the Revolutionary and Civil Wars, reconstruction, industrialization
through to the year 1909:
- the establishment of the municipal government and the New York legislature;
- court houses and public buildings;
- abolitionist clubs, meetings and riots;
- prisons, criminal punishments and court appeals;
- bank, insurance and financial institutions;
- various commissions and associations;
- bills of exchange and credit;
- the British and Continental Army;
- the Continental and U.S. Congress;
- Indian treaties, international treaties;
- ferry and water rights;
- laws, duties and licenses relating to gambling, liquor, and the lottery;
as well as taxes, patents, trade and shipping;
- an extensive section covering original land grants and farms with maps
and text of grants citing names of land holders;
- religious rights such as the first legal case of anti-Semitism;
- numerous cases regarding slavery and negroes;
- cases about women, such as the case of a woman who was whipped by order
of the court;
- immigration and alien registration, real estate holdings, crime;
- legal printers such as William Bradford, John Peter Zenger and James Parker;
- the establishment of law schools and universities;
- national political personages such as George Washington, Abigail and John
Adams, James Buchanan, Benjamin Franklin, Ulysses S. Grant, James Madison,
and Theodore Roosevelt;
- colonial governors such as Petrus Stuyvesant;
- legal personages such as James Kent;
- state and city officials and politicians,
- political parties, committees and elections.
Benedict 296.(22667)
272. Stone, Harlan F.
Law and its Administration. New York: Columbia University Press,
1915. vii, 232 pp. Reprint available 2002 by The Lawbook Exchange, Ltd.
LCCN 00-021508. ISBN 1-58477-093-7. Cloth. $70.
* The Hewitt Lectures, Columbia University,
published during Stone's term of Dean of Columbia Law School (1910-1923),
covering basic fundamental legal concepts and the nature and function of
law. Stone [1876-1946], was chief justice of the Supreme Court from 1941
to his death in 1946.(28765)
273. Story, Joseph. [1779-1845].
A Familiar Exposition of the Constitution of the United States: Containing
a Brief Commentary on Every Clause, Explaining the True Nature, reasons,
and Objects Thereof; Designed for the Use of School, Libraries and General
Readers. With an Appendix, Containing Important Public Documents, Illustrative
of the Constitution. New York: Harper & Brothers: 1865. 372 pp. Reprinted
1999 by The Lawbook Exchange, Ltd. LCCN 98-50811. ISBN 1-886363-71-4. Cloth. $60.
* Reprint of the 1865 edition. An important
treatise on the Constitution of the United States by an early master of
that document. Designed to follow the order of his well-known Commentaries
on the Constitution, this work is written in language geared to the
student or layman, nevertheless showing great breadth and profundity in
his explications.(24025)
274. [Story, Joseph]. [1779-1845]. Story, William.
Life and Letters of Joseph Story, Associate Justice of the Supreme Court
of the United States and Dane Professor of Law at Harvard University, edited
by his son, William W. Story. Boston: Charles C. Little and James Brown,
1851. Two volumes. xii, 574; viii, 676 pp. Frontispiece. Reprinted 2001
by The Lawbook Exchange, Ltd. LCCN 99-058777. ISBN 1-58477-071-6. Cloth. $195.
* From Story's vast correspondence his son
William has selected those letters that describe his childhood and youth,
education, life at the bar, and judicial and professorial life. Taken along
with his various published treatises and his monumental work on the Constitution,
Commentaries on the Constitution (1833), this assemblage illuminates
the fine mind that was Story's. Story was appointed the youngest Associate
Justice of the Supreme Court of the United States in 1811 and in 1829 became
the first Dane professor of law at Harvard. Catalogue of the Library
of the Law School of Harvard University (1909) II:675. Marke, A Catalogue
of the Law Collection of New York University (1953) 1130. Walker, Oxford
Companion to Law 1192. Dictionary of American Biography IX:102-108.(28494)
275. Story, Joseph.
Commentaries on the Conflict of Laws, Foreign and Domestic, in Regard
to Contracts, Rights, and Remedies, and Especially in Regard to Marriages,
Divorces, Wills, Successions, and Judgments. Second Edition. Revised, Corrected
and Greatly Enlarged. London: A. Maxwell, 1841. xxxiv, 927 pp. (misnumbered
in original, PP. 753-756 omitted.) Reprinted 2001 by The Lawbook Exchange,
Ltd. ISBN 1-58477-145-3. Cloth. $125.
* With William Kent, Joseph Story shares the
distinction of having had the greatest influence on American law during
the nineteenth century. Marvin considers Story's Conflict of Laws to be
the first systematic work on the subject. Story collected material from
all available sources, and systematized it in a manner useful to all practitioners.
"No work on international jurisprudence merited, nor received, greater praise
from the jurists of Europe. It impressed English lawyers with the highest
respect for the extensive learning of Mr. Justice Story." Marvin, Legal
Bibliography (1847) 670-671. "It is not too much to say that its publication
constituted an epoch in the law; for it became at once the standard and
almost the sole authority...[it] received the honor of being practically
the first American law book to be cited as authority in English courts."
Marke, A Catalogue of the Law Collection at New York University (1953)
358. This facsimile reprint of the second edition published in London is
the final authorial edition, produced "under the direction and sanction
of the learned author." Sweet and Maxwell, A Legal Bibliography of the
British Commonwealth of Nations XV:337. Catalogue of the Library
of the Law School of Harvard University (1909) II:669, citing 2nd Boston
ed. Parrish, `Law Books and Legal Publishing in America, 1760-1840,' in
Law Library J. (72:355-452) 434, citing 2nd Boston ed. Cohen, Bibliography
of Early American Law 2725, citing 2nd Boston ed.(30784)
276. Story, Joseph.
Commentaries on the Constitution of the United States. Boston: Little,
Brown and Company, 1858. Two volumes. xxxiii, 735, 702pp. Reprint available
December 2001 by The Lawbook Exchange, Ltd. ISBN 1-58477-193-3. Cloth. $250.
* Reprint of the third edition, by E.H. Bennett.
Arguably the most important American constitutional work after The Federalist.
"Taking the Federalist as the basis of his Commentaries, he advocates a
liberal construction of the palladium of our liberties." Marvin, Legal
Bibliography 669, citing first edition. "The Commentaries were
tremendous achievements, and evidence immense industry and legal knowledge,
and themselves entitled him to be ranked as a jurist of the first rank."
Walker, Oxford Companion to Law 1192. Apart from James Kent, no legal
scholar has had greater influence on American law than Justice Story [1779-1845],
who was appointed Associate Justice of the Supreme Court in 1811. Marke,
A Catalogue of the Law Collection at New York University (1953) 403.
Catalogue of the Library at Harvard Law School II:669.(32386)
277. [Story, Joseph]. Story, William W., ed.
The Miscellaneous Writings of Joseph Story, Associate Justice of
the Supreme Court of the United States and Dane Professor of Law at Harvard
University, edited by his son, William W. Story. Boston: C.C. Little
and J. Brown , 1852. x, 828 pp. Reprinted 2001 by The Lawbook Exchange,
Ltd. LCCN 99-058559. ISBN 1-58477-072-4. Cloth. $125.
* Justice Story's enormous influence on American
law is demonstrated in this collection of his writings, edited by his son.
Includes his autobiography that was written in the form of a fascinating
long letter to his son, and many other articles, essays, lectures, and biographical
sketches of judges and lawyers (including Chief Justice John Marshall and
Associate Supreme Court Justice Bushrod Washington). Topics include a proposed
course of legal study, maritime law, piracy and the slave trade, commercial
law, codification of the common law and much more. Marke, A Catalogue
of the Law Collection of New York University (1953) 1130. Walker, Oxford
Companion to Law 1192. Dictionary of American Biography IX:102-108.(28493)
278. Tayler, Thomas.
The Law Glossary: Being a Selection of the Greek, Latin, Saxon, French,
Norman and Italian Sentences, Phrases, and Maxims, Found in the Leading
English and American Reports, and Elementary Works. New York: Lewis
& Blood, 1856. 580 pp. Reprinted 1995 by The Lawbook Exchange, Ltd.
ISBN 1-886363-12-9. Cloth. $65.
* This early dictionary offers a unique historical
perspective on the state of American law in the mid-eighteenth century.
It contains translations of nearly five-thousand items of foreign origin
and supplies definitions for innumerable maxims of law found in both English
and American sources. The author has paid great attention to the context
of legal terms and supplies extensive notes, with citations, after each
section of his glossary (i.e., after "A", "B", "C", etc.). This glossary
is an important research tool that will aid greatly in elucidating both
the source and meaning of legal concepts of the last century.(16253)
279. Taylor, John.
Construction Construed and Constitutions Vindicated. Richmond: printed
by Shepherd & Pollard, 1820. iv, 344pp. Reprinted 1998 by The Lawbook
Exchange, Ltd. LCCN 97-49411. ISBN 1-886363-43-9. Cloth. $65.
* One of the major works of the Virginian John
Taylor of Caroline [1753-1824]. Little-known today, Taylor's work is of
great significance in the political and intellectual history of the South
and is essential for understanding the constitutional theories that Southerners
asserted to justify secession in 1861. Taylor fought in the Continental
army during the American Revolution and served briefly in the Virginia House
of Delegates and as a U.S. Senator. It was as a writer on constitutional,
political, and agricultural questions, however, that Taylor gained prominence.
He joined with Thomas Jefferson and other agrarian advocates of states'
rights and a strict construction of the Constitution in the political battles
of the 1790s. His first published writings argued against Secretary of the
Treasury Alexander Hamilton's financial program. Construction Construed
and Constitutions Vindicated was Taylor's response to a series of post-War
of 1812 developments including John Marshall's Supreme Court decision in
McCulloch v. Maryland, the widespread issuance of paper money by
banks, proposals for a protective tariff, and the attempt to bar slavery
from Missouri. Along with many other Southerners, Taylor feared that these
and other measures following in the train of Hamilton's financial system,
were undermining the foundations of American republicanism. He saw them
as the attempt of an "artificial capitalist sect" to corrupt the virtue
of the American people and upset the proper constitutional balance between
state and federal authority in favor of a centralized national government.
Taylor wrote, "If the means to which the government of the union may resort
for executing the power confided to it, are unlimited, it may easily select
such as will impair or destroy the powers confided to the state governments."
Jefferson, who noted that "Col. Taylor and myself have rarely, if ever,
differed in any political principle of importance," considered Construction
Construed and Constitutions Vindicated "the most logical retraction
of our governments to the original and true principles of the Constitution
creating them, which has appeared since the adoption of the instrument."
Later Southern thinkers, notably John C. Calhoun, were clearly indebted
to Taylor. Sabin, A Dictionary of Books Relating to America 94486.
Cohen, Bibliography of Early American Law 6333.(21527)
280. [Taylor, John]. A
Defence of the Measures of the Administration of Thomas Jefferson. By Curtius.
Washington: Samuel H. Smith, 1804. 136 pp. Reprinted 1999 by The Lawbook
Exchange, Ltd. LCCN 99-24139. ISBN 1-886363-97-8. Cloth. $60.
* Reprint of the first edition. An argument
in favor of the achievements of the first Jefferson administration, especially
regarding the Louisiana Purchase. This essay was written pseudononymously
by John Taylor of Caroline [1753-1824], the ardent advocate of states' rights
who was considered by some to be the father of American libertarianism.
Dictionary of American Biography IX:331-333. Not in Cohen, Bibliography
of Early American Law. Howes, U.S.iana 1650-1950 T60. Sabin,
A Dictionary of Books Relating to America 18070, 94488.(25620)
Revised:
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