Carlson analyzes the situations of several women of varying historical stature, from the insanity trials of Mary Todd Lincoln and Lizzie Borden's trial for the brutal slaying of her father and stepmother, to lesser-known trials involving insanity, infidelity, murder, abortion, and interracial marriage. The insanity trial of Elizabeth Parsons Ware Packard, the wife of a minister, resulted from her attempts to change her own religion, while a jury acquitted Mary Harris for killing her married lover, suggesting that loss of virginity to an adulterous man was justifiable grounds for homicide. The popular conception of abortion as a "woman's crime" came to the fore in the case of Ann Loman (also known as Madame Restell), who performed abortions in New York both before and after it became a crime. Finally, Alice Rhinelander was sued for fraud by her new husband Leonard for "passing" as white, but the jury was more moved by the notion of Alice being betrayed as a woman by her litigious husband than by the supposed defrauding of Leonard as a white male. Alice won the case, but the image of womanhood as in need of sympathy and protection won out as well.

At the heart of these cases, Carlson reveals clearly just how narrow was the line that women had to walk, since the same womanly virtues that were expected of them--passivity, frailty, and purity--could be turned against them at any time. These trials of popular status are especially significant because they reflect the attitudes of the broad audience, indicate which forms of knowledge are easily manipulated, and allow us to analyze how the verdict is argued outside the courtroom in the public and press. With gripping retellings and incisive analysis of these scandalous criminal and civil cases, this book will appeal to historians, rhetoricians, feminist researchers, and anyone who enjoys courtroom drama.

In The Death of the American Trial, distinguished legal scholar Robert P. Burns makes an impassioned case for reversing the rapid decline of the trial before we lose one of our public culture’s greatest achievements. As a practice that is adapted for modern times yet rooted in ancient wisdom, the trial is uniquely suited to balance the tensions—between idealism and realism, experts and citizens, contextual judgment and reliance on rules—that define American culture. Arguing that many observers make a grave mistake by taking a complacent or even positive view of the trial’s demise, Burns concludes by laying out the catastrophic consequences of losing an institution that so perfectly embodies democratic governance.

    On October 21, 1996, attorney Michael Hausfeld, with a team of lawyers, filed a class-action complaint against Union Bank of Switzerland, Swiss Bank Corporation, and Credit Suisse on behalf of Holocaust victims. The suit accused the banks of, among other things, acting as the chief financiers for Nazi Germany. Hausfeld wanted to use the suit to prove that the banks not only concealed and refused to return millions of dollars in dormant accounts, but that they acted as a conduit for looted assets and slave labor profits. Such behavior, he charged, violated the code of ethics known as customary international law. On August 12, 1998, the plaintiffs and banks reached a $1.25 billion settlement.
    Through interviews with a wide range of people involved in the case and detailed research of documents and court transcripts, Jane Schapiro shows the ways that egos, personalities, and values clash in such a complex and emotionally charged case. Inside a Class Action provides an insider’s view of a major lawsuit from its inception to its conclusion, which will appeal to anyone interested in human rights, reparations, and international law.

Death, wrote Walter Benjamin, lends storytellers all their authority. How do trials, in turn, borrow their authority from death? This book offers a groundbreaking account of the surprising interaction between trauma and justice.

Moving from texts by Arendt, Benjamin, Freud, Zola, and Tolstoy to the Dreyfus and Nuremberg trials, as well as the trials of O. J. Simpson and Adolf Eichmann, Shoshana Felman argues that the adjudication of collective traumas in the twentieth century transformed both culture and law. This transformation took place through legal cases that put history itself on trial, and that provided a stage for the expression of the persecuted--the historically "expressionless."

Examining legal events that tried to repair the crimes and injuries of history, Felman reveals the "juridical unconscious" of trials and brilliantly shows how this juridical unconscious is bound up with the logic of the trauma that a trial attempts to articulate and contain but so often reenacts and repeats. Her book gives the drama of the law a new jurisprudential dimension and reveals the relation between law and literature in a new light.

Ronnie Earle was a Texas legend. During his three decades as the district attorney responsible for Austin and surrounding Travis County, he prosecuted corrupt corporate executives and state officials, including the notorious US congressman Tom DeLay. But Earle maintained that the biggest case of his career was the one involving Frank Hughey Smith, the ex-convict millionaire, alleged criminal mastermind, and Dixie Mafia figure.

With the help of corrupt local authorities, Smith spent the 1970s building a criminal empire in auto salvage and bail bonds. But there was one problem: a rival in the salvage business threatened his dominance. Smith hired arsonists to destroy the rival; when they botched the job, he sent three gunmen, but the robbery they planned was a bloody fiasco. Investigators were convinced that Smith was guilty, but many were skeptical that the newly elected and inexperienced Earle could get a conviction. Amid the courtroom drama and underworld plots the book describes, Willie Nelson makes a cameo. So do the private eyes, hired guns, and madams who kept Austin not only weird but also riddled with vice. An extraordinary true story, Last Gangster in Austin paints an unusual picture of the Texas capital as a place that was wild, wonderful, and as crooked as the dirt road to paradise.

New translations of fifty transliterated texts for research and classroom use

This collection of sixth-century B.C.E. Mesopotamian texts provides a close-up, often dramatic, view of ancient courtroom encounters shedding light on Neo-Babylonian legal culture and daily life. In addition to the legal texts, Holtz provides an introduction to Neo-Babylonian social history, archival records, and legal materials. This is an essential resource for scholars interested in the history of law.

Features

• Fifty new English translations
• Transliterations for use in advanced Akkadian courses
• Background essays perfect for courses dealing with ancient Near Eastern history and law
• Explanatory essays preceding each text and its translation

This is the sixteenth volume in the Oratory of Classical Greece. This series presents all of the surviving speeches from the late fifth and fourth centuries BC in new translations prepared by classical scholars who are at the forefront of the discipline. These translations are especially designed for the needs and interests of today's undergraduates, Greekless scholars in other disciplines, and the general public.

Classical oratory is an invaluable resource for the study of ancient Greek life and culture. The speeches offer evidence on Greek moral views, social and economic conditions, political and social ideology, law and legal procedure, and other aspects of Athenian culture that have recently been attracting particular interest: women and family life, slavery, and religion, to name just a few.

This volume assembles twenty-two speeches previously published in the Oratory series. The speeches are taken from a wide range of different kinds of cases—homicide, assault, commercial law, civic status, sexual offenses, and others—and include many of the best-known speeches in these areas. They are Antiphon, Speeches 1, 2, 5, and 6; Lysias 1, 3, 23, 24, and 32; Isocrates 17, 20; Isaeus 1, 7, 8; Hyperides 3; Demosthenes 27, 35, 54, 55, 57, and 59; and Aeschines 1. The volume is intended primarily for use in teaching courses in Greek law or related areas such as Greek history. It also provides the introductions and notes that originally accompanied the individual speeches, revised slightly to shift the focus onto law.

What happened to Ebenezer Scrooge after the night he was visited by the three spirits?

Once upon a time, virtually no one in the academy thought to sue over campus disputes, and, if they dared, judges bounced the case on grounds that it was no business of the courts. Tenure decisions, grading curves, course content, and committee assignments were the stuff of faculty meetings, not lawsuits.

Not so today. As Amy Gajda shows in this witty yet troubling book, litigation is now common on campus, and perhaps even more commonly feared. Professors sue each other for defamation based on assertions in research articles or tenure review letters; students sue professors for breach of contract when an F prevents them from graduating; professors threaten to sue students for unfairly criticizing their teaching.

Gajda’s lively account introduces the new duo driving the changes: the litigious academic who sees academic prerogative as a matter of legal entitlement and the skeptical judge who is increasingly willing to set aside decades of academic deference to pronounce campus rights and responsibilities.

This turn to the courts is changing campus life, eroding traditional notions of academic autonomy and confidentiality, and encouraging courts to micromanage course content, admissions standards, exam policies, graduation requirements, and peer review.

This book explores the origins and causes of the litigation trend, its implications for academic freedom, and what lawyers, judges, and academics themselves can do to limit the potential damage.

Before 1854, most Northerners managed to ignore the distant unpleasantness of slavery. But that year an escaped Virginia slave, Anthony Burns, was captured and brought to trial in Boston--and never again could Northerners look the other way. This is the story of Burns's trial and of how, arising in abolitionist Boston just as the incendiary Kansas-Nebraska Act took effect, it revolutionized the moral and political climate in Massachusetts and sent shock waves through the nation.

In a searching cultural analysis, Albert J. von Frank draws us into the drama and the consequences of the case. He introduces the individuals who contended over the fate of the barely literate twenty-year-old runaway slave--figures as famous as Richard Henry Dana Jr., the defense attorney, as colorful as Thomas Wentworth Higginson and Bronson Alcott, who led a mob against the courthouse where Burns was held, and as intriguing as Moncure Conway, the Virginia-born abolitionist who spied on Burns's master.

The story is one of desperate acts, even murder--a special deputy slain at the courthouse door--but it is also steeped in ideas. Von Frank links the deeds and rhetoric surrounding the Burns case to New England Transcendentalism, principally that of Ralph Waldo Emerson. His book is thus also a study of how ideas relate to social change, exemplified in the art and expression of Emerson, Henry Thoreau, Theodore Parker, Bronson Alcott, Walt Whitman, and others.

Situated at a politically critical moment--with the Whig party collapsing and the Republican arising, with provocations and ever hotter rhetoric intensifying regional tensions--the case of Anthony Burns appears here as the most important fugitive slave case in American history. A stirring work of intellectual and cultural history, this book shows how the Burns affair brought slavery home to the people of Boston and brought the nation that much closer to the Civil War.

In April 1981, two white Texas prison officials died at the hands of a black inmate at the Ellis prison farm near Huntsville. Warden Wallace Pack and farm manager Billy Moore were the highest-ranking Texas prison officials ever to die in the line of duty. The warden was drowned face down in a ditch. The farm manager was shot once in the head with the warden's gun. The man who admitted to killing them, a burglar and robber named Eroy Brown, surrendered meekly, claiming self-defense.

In any other era of Texas prison history, Brown's fate would have seemed certain: execution. But in 1980, federal judge William Wayne Justice had issued a sweeping civil rights ruling in which he found that prison officials had systematically and often brutally violated the rights of Texas inmates. In the light of that landmark prison civil rights case, Ruiz v. Estelle, Brown had a chance of being believed.

The Trials of Eroy Brown, the first book devoted to Brown's astonishing defense, is based on trial documents, exhibits, and journalistic accounts of Brown's three trials, which ended in his acquittal. Michael Berryhill presents Brown's story in his own words, set against the backdrop of the chilling plantation mentality of Texas prisons. Brown's attorneys—Craig Washington, Bill Habern, and Tim Sloan—undertook heroic strategies to defend him, even when the state refused to pay their fees. The Trials of Eroy Brown tells a landmark story of prison civil rights and the collapse of Jim Crow justice in Texas.

When Robert Cavelier, sieur de La Salle, landed on the Texas coast in 1685, bent on founding a French colony, his enterprise was doomed to failure. Not only was he hundreds of miles from his intended landfall—the mouth of the Mississippi—but his supply ship, Aimable, was wrecked at the mouth of Matagorda Bay, leaving the colonists with scant provisions and little protection against local Indian tribes. In anger and disgust, he struck out at the ship's captain, Claude Aigron, accusing him of wrecking the vessel purposely and maliciously.

Captain Aigron and his crew escaped the doomed colony by returning to France on the warship that had escorted the expedition on its ocean crossing. Soon after reaching France, Aigron found himself defendant in a civil suit filed by two of his officers seeking recompense for lost salary and personal effects, and then imprisoned on order of King Louis XIV while La Salle's more serious accusations were being investigated.

In this book, Robert Weddle meticulously recounts, through court documents, the known history of Aigron and the Aimable, and finds that despite La Salle's fervent accusations, the facts of the case offer no clear indictment. The court documents, deftly translated by François Lagarde, reveal Captain Aigron's successful defense and illuminate the circumstances of the wreck with Aigron's testimony. Much is also revealed about the French legal system and how the sea laws of the period were applied through the French government's L'Ordonnance de la Marine.