As counsel for Pennzoil's successful effort to recover billions of dollars in damages from Texaco over the acquisition of Getty Oil Company, the Baker & Botts law firm of Houston, Texas, achieved wide public recognition in the 1980s. But among its peers in the legal and corporate worlds, Baker & Botts has for more than a century held a preeminent position, handling the legal affairs of such blue-chip clients as the Southern Pacific Railroad, Houston Lighting & Power Company, Rice University, Texas Commerce Bank, and Tenneco. In this study, Kenneth J. Lipartito and Joseph A. Pratt chronicle the history of Baker & Botts, placing particular emphasis on the firm's role in Houston's economic development.
Founded in 1840, Baker & Botts literally grew up with Houston. The authors chart its evolution from a nineteenth-century regional firm that represented eastern-based corporations moving into Texas to a twentieth-century national firm with clients throughout the world. They honestly discuss the criticisms that Baker & Botts has faced as an advocate of big business. But they also identify the important impact that corporate law firms of this type have on business reorganization and government regulation. As the authors demonstrate in this case study, law firms throughout the twentieth century have helped to shape public policy in these critical areas.
Always prominent in the community, and with prominent connections (former Secretary of State James A. Baker III is the great-grandson of the original Baker), the Baker & Botts law firm belongs in any history of the development of Houston and the Southwest.
As readers of classic Russian literature know, the nineteenth century was a time of pervasive financial anxiety. With incomes erratic and banks inadequate, Russians of all social castes were deeply enmeshed in networks of credit and debt. The necessity of borrowing and lending shaped perceptions of material and moral worth, as well as notions of social respectability and personal responsibility. Credit and debt were defining features of imperial Russia’s culture of property ownership. Sergei Antonov recreates this vanished world of borrowers, bankrupts, lenders, and loan sharks in imperial Russia from the reign of Nicholas I to the period of great social and political reforms of the 1860s.
Poring over a trove of previously unexamined records, Antonov gleans insights into the experiences of ordinary Russians, rich and poor, and shows how Russia’s informal but sprawling credit system helped cement connections among property owners across socioeconomic lines. Individuals of varying rank and wealth commonly borrowed from one another. Without a firm legal basis for formalizing debt relationships, obtaining a loan often hinged on subjective perceptions of trustworthiness and reputation. Even after joint-stock banks appeared in Russia in the 1860s, credit continued to operate through vast networks linked by word of mouth, as well as ties of kinship and community. Disputes over debt were common, and Bankrupts and Usurers of Imperial Russia offers close readings of legal cases to argue that Russian courts—usually thought to be underdeveloped in this era—provided an effective forum for defining and protecting private property interests.
During the struggle for decolonization, Frantz Fanon argued that artists who mimicked European aestheticism were “beginning at the end,” skipping the inventive phase of youth for a decadence thought more typical of Europe’s declining empires. Robert Stilling takes up Fanon’s assertion to argue that decadence became a key idea in postcolonial thought, describing both the failures of revolutionary nationalism and the assertion of new cosmopolitan ideas about poetry and art.
In Stilling’s account, anglophone postcolonial artists have reshaped modernist forms associated with the idea of art for art’s sake and often condemned as decadent. By reading decadent works by J. K. Huysmans, Walter Pater, Henry James, and Oscar Wilde alongside Chinua Achebe, Derek Walcott, Agha Shahid Ali, Derek Mahon, Yinka Shonibare, Wole Soyinka, and Bernardine Evaristo, Stilling shows how postcolonial artists reimagined the politics of aestheticism in the service of anticolonial critique. He also shows how fin de siècle figures such as Wilde questioned the imperial ideologies of their own era.
Like their European counterparts, postcolonial artists have had to negotiate between the imaginative demands of art and the pressure to conform to a revolutionary politics seemingly inseparable from realism. Beginning at the End argues that both groups—European decadents and postcolonial artists—maintained commitments to artifice while fostering oppositional politics. It asks that we recognize what aestheticism has contributed to politically engaged postcolonial literature. At the same time, Stilling breaks down the boundaries around decadent literature, taking it outside of Europe and emphasizing the global reach of its imaginative transgressions.
For most Americans today, Roe v. Wade concerns just one thing: the right to choose abortion. But the Supreme Court’s decision once meant much more. The justices ruled that the right to privacy encompassed the abortion decision. Grassroots activists and politicians used Roe—and popular interpretations of it—as raw material in answering much larger questions: Is there a right to privacy? For whom, and what is protected?
As Mary Ziegler demonstrates, Roe’s privacy rationale attracted a wide range of citizens demanding social changes unrelated to abortion. Movements questioning hierarchies based on sexual orientation, profession, class, gender, race, and disability drew on Roe to argue for an autonomy that would give a voice to the vulnerable. So did advocates seeking expanded patient rights and liberalized euthanasia laws. Right-leaning groups also invoked Roe’s right to choose, but with a different agenda: to attack government involvement in consumer protection, social welfare, racial justice, and other aspects of American life.
In the 1980s, seeking to unify a fragile coalition, the Republican Party popularized the idea that Roe was a symbol of judicial tyranny, discouraging anyone from relying on the decision to frame their demands. But Beyond Abortion illuminates the untapped potential of arguments that still resonate today. By recovering the diversity of responses to Roe, and the legal and cultural battles it energized, Ziegler challenges readers to come to terms with the uncomfortable fact that privacy belongs to no party or cause.
Born into slavery in rural Louisiana, Rose Herera was bought and sold several times before being purchased by the De Hart family of New Orleans. Still a slave, she married and had children, who also became the property of the De Harts. But after Union forces captured New Orleans in 1862 during the American Civil War, Herera’s owners fled to Havana, taking three of her small children with them. Beyond Freedom’s Reach is the true story of one woman’s quest to rescue her children from bondage.
In a gripping, meticulously researched account, Adam Rothman lays bare the mayhem of emancipation during and after the Civil War. Just how far the rights of freed slaves extended was unclear to black and white people alike, and so when Mary De Hart returned to New Orleans in 1865 to visit friends, she was surprised to find herself taken into custody as a kidnapper. The case of Rose Herera’s abducted children made its way through New Orleans’ courts, igniting a custody battle that revealed the prospects and limits of justice during Reconstruction.
Rose Herera’s perseverance brought her children’s plight to the attention of members of the U.S. Senate and State Department, who turned a domestic conflict into an international scandal. Beyond Freedom’s Reach is an unforgettable human drama and a poignant reflection on the tangled politics of slavery and the hazards faced by so many Americans on the hard road to freedom.
Beginning in 1950, the state of Israel prosecuted and jailed dozens of Holocaust survivors who had served as camp kapos or ghetto police under the Nazis. At last comes the first full account of the kapo trials, based on records newly declassified after forty years.
In December 1945, a Polish-born commuter on a Tel Aviv bus recognized a fellow rider as the former head of a town council the Nazis had established to manage the Jews. When he denounced the man as a collaborator, the rider leapt off the bus, pursued by passengers intent on beating him to death. Five years later, to address ongoing tensions within Holocaust survivor communities, the State of Israel instituted the criminal prosecution of Jews who had served as ghetto administrators or kapos in concentration camps.
Dan Porat brings to light more than three dozen little-known trials, held over the following two decades, of survivors charged with Nazi collaboration. Scouring police investigation files and trial records, he found accounts of Jewish policemen and camp functionaries who harassed, beat, robbed, and even murdered their brethren. But as the trials exposed the tragic experiences of the kapos, over time the courts and the public shifted from seeing them as evil collaborators to victims themselves, and the fervor to prosecute them abated.
Porat shows how these trials changed Israel’s understanding of the Holocaust and explores how the suppression of the trial records—long classified by the state—affected history and memory. Sensitive to the devastating options confronting those who chose to collaborate, yet rigorous in its analysis, Bitter Reckoning invites us to rethink our ideas of complicity and justice and to consider what it means to be a victim in extraordinary circumstances.
In the struggle against apartheid, one often overlooked group of crusaders was the coterie of black lawyers who overcame the Byzantine system that the government established oftentimes explicitly to block the paths of its black citizens from achieving justice.
Now, in their own voices, we have the narratives of many of those lawyers as recounted in a series of oral interviews. Black Lawyers, White Courts is their story and the anti-apartheid story that has before now gone untold.
Professor Kenneth Broun conducted interviews with twenty-seven black South African lawyers. They were asked to tell about their lives, including their family backgrounds, education, careers, and their visions for the future. In many instances they also discussed their years in prison or exile, or under house arrest. Most told of both education and careers interrupted because of the ongoing struggle.
The story of the professional achievements of black lawyers in South Africa—indeed their very survival—provides an example of the triumph of individuals and, ultimately, of the law. Black Lawyers, White Courts is about South Africa, and about black professionals in that country, but the lessons its protagonists teach extend far beyond circumstances, geography, or race.
In April 1861, President Abraham Lincoln suspended the writ of habeas corpus along the military line between Washington, D.C., and Philadelphia. This allowed army officers to arrest and indefinitely detain persons who were interfering with military operations in the area. When John Merryman, a wealthy Marylander suspected of burning bridges to prevent the passage of U.S. troops to Washington, was detained in Fort McHenry, the chief justice of the Supreme Court, Roger Taney, declared the suspension of habeas corpus unconstitutional and demanded Merryman's immediate release. Lincoln defied Taney’s order, offering his own forceful counter-argument for the constitutionality of his actions. Thus the stage was set for one of the most dramatic personal and legal confrontations the country has ever witnessed.
The Body of John Merryman is the first book-length examination of this much-misunderstood chapter in American history. Brian McGinty captures the tension and uncertainty that surrounded the early months of the Civil War, explaining how Lincoln's suspension of habeas corpus was first and foremost a military action that only subsequently became a crucial constitutional battle. McGinty's narrative brings to life the personalities that drove this uneasy standoff and expands our understanding of the war as a legal—and not just a military, political, and social—conflict. The Body of John Merryman is an extraordinarily readable book that illuminates the contours of one of the most significant cases in American legal history—a case that continues to resonate in our own time.
The First Seminole War of 1816–1818 played a critical role in shaping how the United States demarcated its spatial and legal boundaries during the early years of the republic. Rooted in notions of American exceptionalism, manifest destiny, and racism, the legal framework that emerged from the war laid the groundwork for the Monroe Doctrine, the Dred Scott decision, and U.S. westward expansion over the course of the nineteenth century, as Deborah Rosen explains in Border Law.
When General Andrew Jackson’s troops invaded Spanish-ruled Florida in the late 1810s, they seized forts, destroyed towns, and captured or killed Spaniards, Britons, Creeks, Seminoles, and African-descended people. As Rosen shows, Americans vigorously debated these aggressive actions and raised pressing questions about the rights of wartime prisoners, the use of military tribunals, the nature of sovereignty, the rules for operating across territorial borders, the validity of preemptive strikes, and the role of race in determining legal rights. Proponents of Jackson’s Florida campaigns claimed a place for the United States as a member of the European diplomatic community while at the same time asserting a regional sphere of influence and new rules regarding the application of international law.
American justifications for the incursions, which allocated rights along racial lines and allowed broad leeway for extraterritorial action, forged a more unified national identity and set a precedent for an assertive foreign policy.
In Buying Time, Thomas F. McDow synthesizes Indian Ocean, Middle Eastern, and East African studies as well as economic and social history to explain how, in the nineteenth century, credit, mobility, and kinship knit together a vast interconnected Indian Ocean region. That vibrant and enormously influential swath extended from the desert fringes of Arabia to Zanzibar and the Swahili coast and on to the Congo River watershed.
In the half century before European colonization, Africans and Arabs from coasts and hinterlands used newfound sources of credit to seek out opportunities, establish new outposts in distant places, and maintain families in a rapidly changing economy. They used temporizing strategies to escape drought in Oman, join ivory caravans in the African interior, and build new settlements.
The key to McDow’s analysis is a previously unstudied trove of Arabic business deeds that show complex variations on the financial transactions that underwrote the trade economy across the region. The documents list names, genealogies, statuses, and clan names of a wide variety of people—Africans, Indians, and Arabs; men and women; free and slave—who bought, sold, and mortgaged property. Through unprecedented use of these sources, McDow moves the historical analysis of the Indian Ocean beyond connected port cities to reveal the roles of previously invisible people.
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