Practicing Law In Frontier California
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Practicing Law In Frontier California
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Author : Gordon Morris Bakken
language : en
Publisher: U of Nebraska Press
Release Date : 2006-03-01
Practicing Law In Frontier California written by Gordon Morris Bakken and has been published by U of Nebraska Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006-03-01 with Law categories.
In Practicing Law in Frontier California Gordon Morris Bakken combines collective biography with an analysis of the function of the bar in a rapidly changing socioeconomic setting. Drawing on manuscript collections, Bakken considers hundreds of men and women who came to California to practice law during the gold rush and later, their reasons for coming, their training, and their usefulness to clients during a period of rapid population growth and social turmoil. He shows how law practice changed over the decades with the establishment of large firms and bar associations, how the state's boom-and-bust economy made debt collection the lawyer's bread and butter, and how personal injury and criminal cases and questions of property rights were handled. In Bakken's book frontier lawyers become complex human beings, contributing to and protecting the social and economic fabric of society, expanding their public roles even as their professional expertise becomes more narrowly specialized.
The Development Of Law In Frontier California
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Author : Gordon Morris Bakken
language : en
Publisher: Praeger
Release Date : 1985
The Development Of Law In Frontier California written by Gordon Morris Bakken and has been published by Praeger this book supported file pdf, txt, epub, kindle and other format this book has been release on 1985 with Law categories.
This is a thought-provoking exploration of the development of civil law in California from 1850 to 1890. Focusing upon contract, landlord and tenant, mortgage, tort, and admiralty law, Bakken argues that the formulation of the law generally responded to socioeconomic forces. He also asserts that on the operational level, the law's reach was limited by ambiguities, judicial inexactitude, and mistakes made by the bar. Essentially, the broad policy goals of frontier law worked to stimulate marketplace forces by facilitating certain transactions. Entrepreneurs often received the aid of the developing law, but were frustrated by it at other times. Bakken scrutinizes the role of judges, legislators, lawyers, and laymen in contributing to this process. Finally, he demonstrates that the law was less certain and the policy considerations less clear when the law actually functioned on an operational level in society.
Industrial Cowboys
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Author : David Igler
language : en
Publisher: Univ of California Press
Release Date : 2005-01-28
Industrial Cowboys written by David Igler and has been published by Univ of California Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005-01-28 with Biography & Autobiography categories.
"The process by which two neighborhood butchers turned themselves into landed industrialists depended to an extraordinary degree on the acquisition, manipulation, and exploitation of natural resources. Igler examines the broader impact of western industrialism - as exemplified by Miller & Lux - on landscapes and waterscapes, bringing to the forefront the important issues of land reclamation, water politics, San Francisco's unique business environment, and the city's relation to its surrounding hinterlands. He provides a rich discussion of the social relations engineered by Miller & Lux, from the dispossession of Californio rancheros to the ethnic segmentation of the firm's massive labor force."--Jacket.
The Mining Law Of 1872
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Author : Gordon Morris Bakken
language : en
Publisher: UNM Press
Release Date : 2011-09-16
The Mining Law Of 1872 written by Gordon Morris Bakken and has been published by UNM Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-09-16 with History categories.
History has left us a classic image of western mining in the grizzly forty-niner squatting by a clear stream sifting through gravel to reveal gold. What this slice of Western Americana does not reveal, however, is thousands of miners doing the same, their gravel washing downstream, causing the water to grow dark with debris while trout choke to death and wash ashore. Instead of the havoc wreaked upon the western landscape, we are told stories of American enterprise, ingenuity, and fortune. The General Mining Act of 1872, which declared all valuable mineral deposits on public lands to be free and open to exploration and purchase, has had a controversial impact on the western environment as, under the protection of federal law, various twentieth-century entrepreneurs have manipulated it in order to dump waste, cut timber, create resorts, and engage in a host of other activities damaging to the environment. In this in-depth analysis, legal historian Gordon Morris Bakken traces the roots of the mining law and details the way its unintended consequences have shaped western legal thought from Nome to Tombstone and how it has informed much of the lore of the settlement of the West.
Heart Versus Head
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Author : Peter Karsten
language : en
Publisher: Univ of North Carolina Press
Release Date : 2000-11-09
Heart Versus Head written by Peter Karsten and has been published by Univ of North Carolina Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000-11-09 with History categories.
Challenging traditional accounts of the development of American private law, Peter Karsten offers an important new perspective on the making of the rules of common law and equity in nineteenth-century courts. The central story of that era, he finds, was a struggle between a jurisprudence of the head, which adhered strongly to English precedent, and a jurisprudence of the heart, a humane concern for the rights of parties rendered weak by inequitable rules and a willingness to create exceptions or altogether new rules on their behalf. Karsten first documents the tendency of jurists, particularly those in the Northeast, to resist arguments to alter rules of property, contract, and tort law. He then contrasts this tendency with a number of judicial innovations--among them the sanctioning of 'deep pocket' jury awards and the creation of the attractive-nuisance rule--designed to protect society's weaker members. In tracing the emergence of a pro-plaintiff, humanitarian jurisprudence of the heart, Karsten necessarily addresses the shortcomings of the reigning, economic-oriented paradigm regarding judicial rulemaking in nineteenth-century America. Originally published in 1997. A UNC Press Enduring Edition -- UNC Press Enduring Editions use the latest in digital technology to make available again books from our distinguished backlist that were previously out of print. These editions are published unaltered from the original, and are presented in affordable paperback formats, bringing readers both historical and cultural value.
Riches For All
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Author : Kenneth N. Owens
language : en
Publisher: U of Nebraska Press
Release Date : 2002-01-01
Riches For All written by Kenneth N. Owens and has been published by U of Nebraska Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002-01-01 with History categories.
An event of international significance, the California gold rush created a more diverse, metropolitan society than the world had ever known. In Riches for All, leading scholars reexamine the gold rush, evaluating its trajectory and legacy within a global context of religion and race, economics, technology, law, and culture. The opportunity for instant wealth directly influenced a dynamic range of peoples, including Mormon military veterans, California Indian workers, both slave and free African Americans, Chinese village farmers, skilled Mexican miners, and Chilean merchants. Riches for All gives attention to the varying motivations and experiences of these groups and to their struggles with both racial and religious bigotry. Emphasizing gold rush social history, some contributors examine the roles and influence of women, workers, law-breakers, and law-enforcers. Others consider the long-term impact of this episode on California and the American West and on subsequent gold rushes in Pacific Rim countries and the Klondike. With lively and incisive strokes, these historians sketch the most broadly contextualized and nuanced portrait of the California gold rush to date.
Uncivil Disobedience
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Author : Jennet Kirkpatrick
language : en
Publisher: Princeton University Press
Release Date : 2008-09-22
Uncivil Disobedience written by Jennet Kirkpatrick and has been published by Princeton University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-09-22 with History categories.
"Kirkpatrick looks at some of the most explosive instances of uncivil disobedience in American history: the contemporary militia movement, Southern lynch mobs, frontier vigilantism, and militant abolitionism. She argues that the groups behind these violent episodes are often motivated by admirable democratic ideas of popular power and autonomy. Kirkpatrick shows how, in this respect, they are not so unlike the much-admired adherents of nonviolent civil disobedience, yet she reveals how those who engage in violent disobedience use these admirable democratic principles as a justification for terrorism and killing. She uses a "bottom-up" analysis of events to explain how this transformation takes place, paying close attention to what members of these groups do and how they think about the relationship between citizens and the law."
History Of The Common Law
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Author : John H. Langbein
language : en
Publisher: Aspen Publishing
Release Date : 2009-08-14
History Of The Common Law written by John H. Langbein and has been published by Aspen Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-08-14 with Law categories.
This introductory text explores the historical origins of the main legal institutions that came to characterize the Anglo-American legal tradition, and to distinguish it from European legal systems. The book contains both text and extracts from historical sources and literature. The book is published in color, and contains over 250 illustrations, many in color, including medieval illuminated manuscripts, paintings, books and manuscripts, caricatures, and photographs.
Invitation To An Execution
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Author : Gordon Morris Bakken
language : en
Publisher: UNM Press
Release Date : 2010-11-16
Invitation To An Execution written by Gordon Morris Bakken and has been published by UNM Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-11-16 with Political Science categories.
Until the early twentieth century, printed invitations to executions issued by lawmen were a vital part of the ritual of death concluding a criminal proceeding in the United States. In this study, Gordon Morris Bakken invites readers to an understanding of the death penalty in America with a collection of essays that trace the history and politics of this highly charged moral, legal, and cultural issue. Bakken has solicited essays from historians, political scientists, and lawyers to ensure a broad treatment of the evolution of American cultural attitudes about crime and capital punishment. Part one of this extensive analysis focuses on politics, legal history, multicultural issues, and the international aspects of the death penalty. Part two offers a regional analysis with essays that put death penalty issues into a geographic and cultural context. Part three focuses on specific states with emphasis on the need to understand capital punishment in terms of state law development, particularly because states determine on whom the death penalty will be imposed. Part four examines the various means of death, from hanging to lethal injection, in state law case studies. And finally, part five focuses on the portrayal of capital punishment in popular culture.
Taming The Elephant
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Author : John F. Burns
language : en
Publisher: Univ of California Press
Release Date : 2003-04-30
Taming The Elephant written by John F. Burns and has been published by Univ of California Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003-04-30 with History categories.
The final of four volumes in the 'California History Sesquicentennial Series', this text compiles original essays which treat the consequential role of post-Gold Rush California government, politics and law in the building of a dynamic state with lasting impact to the present day.