2001 Conference

:: 2001 ANNUAL MEETING ::
Chicago, Illinois :: Hotel Allegro
November 8-10, 2001

Local Arrangement Chair:
Vicky Woeste

Local Sponsors:

  • American Bar Foundation
  • DePaul University Law School
  • John Marshall Law School
  • Northwestern University Law School

 

The following information from the 2001 conference is available:

 

::  PROGRAM  ::
ASLH 2001 Annual Meeting
Chicago, Illinois  ::  November 8-10, 2001


:: FRIDAY, NOVEMBER 9 ::


8:45-10:15
Assessing a Sea of Pluralisms Roundtable: Political Science and the New Supreme Court Histories Making and Enforcing Medieval English Statutes The Legal Construction of Trust
10:30-12:00 Gender and the Law Roundtable: Morton Horwitz’sTransformation of American Law – 25 Years Later Uses and Users of the Common Law Economic Analysis of Legal History
1:30-3:00 New Perspectives on Corporate Development Closing Community: Territory in US Immigration Law Count All the Cases? Quantitative Methods and Court Contexts The Public and Private Roles of the Legal Profession: A Comparative Perspective

4:00 pm     Plenary Session Address:  Michael Stolleis, Director, Max-Planck-Institut für Europäische Rechtsgeschichte
The Law School, The University of Chicago


:: SATURDAY, NOVEMBER 10 ::

8:45-10:15 “Property and Legal Culture in Gold Rush California” Sexuality and the Twentieth-Century American State Law and Literacy in Ancient Greece Family, Law, and the State in Early Modern France
10:30-12:00 Ex-Slaves and the Law Roundtable: Hendrik Hartog’s, Man and Wife in America The Emergence of Professional Law in the Twelfth Century Crime and Procedure in 18th and 19th Century England

12:15 – 1:45 pm     Annual Luncheon

2:00-3:30 Law and the Fiscal State: Public Finance, Scientific Taxation, and the Regulation of Corporate Power Gender and State Building, In Historical Perspective Roman Law and the Economy All Politics is Local: Justice and Power in Local French Courts, 1630-1800
3:45-5:15 Law and Social Control in the Colonial American South The Laws of the Land: A Comparative Regional Approach to Resource Regulation in Turn of the Twentieth Century America Ancient Near Eastern Law: Administration and Adjudication Strange Justice: Urban Law in Three Times and Places


:: SUNDAY, NOVEMBER 11 ::

9:00-10:30 Courtrooms, Classrooms, and Cautionary Tales: Law and the Shaping of American Identities in the Early Republic Intellectual Property Law and American Economic Development: The Role of Law, Litigation, and Courts Lawyering and Legal Strategies Across Legal Systems Legalizing Conquest

 

Panels for ASLH Annual Meeting, Chicago, November 8-11, 2001

Friday Session #1
8:45 am – 10:15 am

Assessing a Sea of Pluralisms
Chair/Comment: Avi Soifer, Boston College

Papers:
David Barron, Harvard University
“Rethinking Home Rule”

Carol Weisbrod, University of Connecticut
“What’s In a Name?: A Discussion of Pluralism and Individual Identity”

Liam Seamus O’Melinn, American University
“Corporate Personality, the Classless Society, and Equivocal Equality”

 

Roundtable: Political Science and the New Supreme Court Histories
Chair: Howard Gillman, University of Southern California

Participants:
Mark Graber, University of Maryland
Keith Whittington, Princeton University
Julie Novkov, University of Oregon
Scott Powe, University of Texas, Austin

 

Making and Enforcing Medieval English Statutes
Chair: Janet Loengard, Moravian College

Papers:
Christopher McNall, Cardiff University
“Execution on Statutory Recognitions of Debt, 1283-1307”

Gwen Seabourne, University of Bristol
“Legislative Sophistication and Commercial Morality: Medieval English Price Regulation”

Paul Brand, All Souls College, Oxford
“Putting English Thirteenth-Century Legislation in Context: The Origins of c. 6 of the Statute of Marlborough”

Commentator: Richard Helmholz, University of Chicago
 

The Legal Construction of Trust
Chair/Comment: Jennifer Mnookin, University of Virginia

Papers:
Ken Alder, Northwestern University
“The History of the Lie Detector”

Susannah Blumenthal, University of Michigan
“Law and the Problem of Trust in Nineteenth-Century American Culture”

Wendie Schneider, Yale University
“Punishing the Lie in Victorian England: The Prosecution of Perjury, 1835-1900”

Friday Session #2
10:30 am – 12:00pm

 

Gender and the Law
Chair: J. Gordon Hylton, Marquette University

Papers:
Deborah A. Rosen, Lafayette College
“Gender and the Law in 18th Century America: Women’s Legal Roles in Spanish and English Colonies”

Roberta Sue Alexander, University of Dayton
Separate Spheres or Equal Opportunities? An Analysis of Courts’ Responses to Women’s Efforts to Gain Admission to the Bar in Late 19th Century America”

Gwen Hoerr McNamee, University of Illinois at Chicago
“The Gendered Origins of the Legal Aid Society of Chicago, 1886-1905”

Comment: Barbara Allen Babcock, Stanford University
Roundtable: Morton Horwitz’s Transformation of American Law – 25 Years Later
Chair: Michael Willrich, Brandeis University

Participants:
Laura Kalman, University of California, Santa Barbara
Amy Dru Stanley, University of Chicago
David Sugarman, Lancaster University
Christopher Tomlins, American Bar Foundation

 

Uses and Users of the Common Law
Chair: Emily Tabuteau, Michigan State University

Papers:
Alain Boreau, Ecole des Hautes Etudes, University of Paris
“How the Law Became Common: A Monastic Appropriation of Henry II’s Procedure (1189-1202)”

Claire Valente, University of Portland
“Law, Liberty, and the English Way: Baronial Rebels and the Common Law”

Robert Palmer, University of Houston
“The Usage of Law in English Legal History”

Comment: Joseph Biancalana, University of Cincinnati
 

Economic Analysis of Legal History
Chair: Colleen Dunlavy, University of Wisconsin

Papers:
Gary Libecap, University of Arizona
“Property Rights Assignment in the Presence of Positive Transactions Costs: The Sources and Costs of the Small-Farm Bias in U.S. Land Policy in the Great Plains”

David Bernstein, George Mason University
“Public Choice and Legal History: Lessons from Work on Race and Legal History”

Gregory LaBlanc, University of Virginia
“Checks and Balances in the Ancien Regime: Tax Farming, Venal Offices, and the Outsourcing of Public Administration”

Comment: Mark Tushnet, Georgetown University
1:00-2:00 pm,  Cook County Archives Visit
Courtroom 2607 from 1 to 2:30 on Friday, November 9.
Acceptance of Terms:  Approval for the use of Daley Center courtrooms is
predicated on the acceptance of the following terms by the requesting
entity.  It is not permissible to bring and/or consume food or beverages in
the courtrooms.  Smoking is strictly prohibited.  Furnishings and equipment
are not to be moved or removed from the courtroom, court conference rooms or
jury deliberation rooms.  Any books, documents, papers, files, folders, etc.
in the courtroom prior to your admittance are to remain in the place where
they are found.  There is no admittance to any judicial chambers.

 

Friday Session #3
1:30 pm – 3:00 pm

New Perspectives on Corporate Development

Chair/Comment: Gregory A. Mark, Rutgers University

Papers:
Richard R. John, University of Illinois at Chicago
“Riding the Leviathan: Western Union’s Gilded Age”

Naomi R. Lamoreaux, U.C.L.A.
“Partnerships, Corporations, and the Problem of Legal Personhood in American History

Adam Winkler, U.C.L.A.
“Corporate Contribution Bans and the Separation of Ownership and Control in the Early 20th Century”

 

Closing Community: Territory in US Immigration Law
Chair/Comment: Lucy Salyer, University of New Hampshire

Papers:
Mae Ngai, University of Chicago
“Making and Unmaking Illegal Aliens: Deportation Policy and the Production of US Nation-State Territoriality 1920-1930”

Kunal Parker, Cleveland Marshall College of Law
“Constructing the Town: The Law and Politics of Representing Space in 18th Century Massachusetts”

Count All the Cases? Quantitative Methods and Court Contexts
Chair: Dr. Christopher W. Brooks, University of Durham (U.K.)

Papers:
DeLloyd J. Guth, University of Manitoba
“Smugglers and Statute Violators in Late-Medieval England’s Exchequer”

Jean-Marie Fecteau, Universite du Quebec a Montreal
“Enforcing Social Regulations in 19th Century Quebec Courts”

The Public and Private Roles of the Legal Profession: A Comparative Perspective
Chair: Kenneth Ledford, Case Western Reserve University

Papers:
Robert W. Gordon, Yale University
“The Privatizing of the American Legal Profession

John Leubsdorf, Rutgers University, Newark
“Turning Points in the French Legal Profession”

Jonathan Rose, Arizona State University
“Of Ambidexters and Daffidownlillies: Defamation of Lawyers, Legal Ethics, and Professional Reputation”

Comment: Terence C. Halliday, American Bar Foundation
Kenneth Ledford, Case Western Reserve University

Plenary Session

Address:  “Hesitating to Look in the Mirror: German Jurisprudence after 1933 and after 1945”
Michael Stolleis, Director
Max-Planck-Institut für Europäische Rechtsgeschichte

The Law School, The University of Chicago
4:00 pm

Reception follows
(buses will provide transportation between
the Allegro Hotel and the Chicago Law School
buses depart hotel beginning 3:30; return beginning 6:30)


 

Saturday Session #1
8:45 am – 10:15 am

7:30-8:45 am, continental breakfast, Allegro Hotel

“Property and Legal Culture in Gold Rush California”
Chair: Malcolm J. Rohrbough, University of Iowa

Papers:
Andrea G. McDowell, University of Wisconsin
“Miners and Property Rights”

Donald J. Pisani, University of Oklahoma
“California in the ‘State of Nature’: Squatter Law in the Golden State, 1846-1852”

Donna C. Schuele, U.C.L.A.
“Death American Style:  Probate and the Break-up of the Californio Ranchos”

Comment: Robert C. Ellickson, Yale University
 

Sexuality and the Twentieth-Century American State
Chair: Barbara Y. Welke, University of Minnesota

Papers:
Margot Cannaday, University of Minnesota
“Straightening America’s Borders: The 1917 Immigration Act and Homosexuality”

Elizabeth L. Hillman, Rutgers-Camden University
“Crime and Sexuality in Cold War Courts-Martial”

David K. Johnson, Northwestern University
“‘Crying Shame’: The Courts, Gay Rights, and Civil Service Reform in the 1960s”

Comment: William N. Eskridge, Jr., Yale University
Law and Literacy in Ancient Greece
Chair/Comment: Edward M. Harris, CUNY

Papers:
James P. Sickinger, Florida State University
“Indeterminacy in Greek Law: Statutory Gaps and Conflicts”

Michael Gagarin, University of Texas, Austin
“Writing Athenian Law”

 

Family, Law, and the State in Early Modern France
Chair: Janine Lanza, Appalachian State University

Papers:
Chris Corley, Minnesota State University, Moorhead
“Constructing Maturity: The Family, State, and Legal Debates over Adulthood in Early Modern France”

Suzanne Desan, University of Wisconsin-Madison
“Redefining the Bonds of Family and Nature: Illegitimate Children in the French Revolutionary Courts””

Julie Hardwick, University of Texas, Austin
“The Politics of Property: Gender, Debt Litigation, and State Formation in 17th Century France”

Commentator: James R. Farr, Purdue University
 

Saturday Session#2
10:30 am – 12:00 pm

Ex-Slaves and the Law
Chair: Ariela Gross, University of Southern California

Papers:
Barbara Krauthamer, New York University
“From Slave to Free: Freedpeople and Native Americans in the Indian Territory During Reconstruction”

Elizabeth Regosin, St. Lawrence University
“Citizenship and Identity: Former Slaves’ Civil Waension Claims”

Mark Jones and John Wertheimer, et. al., Davidson College
“Pinkney and Sarah Ross: The Legal Adventures of an Ex-Slave and His (Originally) White Wife on the Carolina Borderlands During Reconstruction”

Commentator: Katherine Franke, Columbia University
 

Roundtable: Hendrik Hartog’s, Man and Wife in America
Chair: Martha Fineman, Cornell University

Participants:
Linda K. Kerber, University of Iowa
Norma Basch, Rutgers University
Laura Edwards, Duke University
Anthony Rotundo, Phillips Academy

 

The Emergence of Professional Law in the Twelfth Century
Chair: Blair Newcomb, Mills College

Paper:
Susan Reynolds, Institute of Historical Research, University of London
“The Emergence of Professional Law in the Twelfth Century”

Commentators:

Daniel Smail, Fordham University
Charles Donahue Jr., Harvard University

 

Crime and Procedure in 18th and 19th Century England
Chair/Comment: James Oldham, Georgetown University

Papers:
Bruce Smith, University of Illinois, Urbana-Champaign
“Petty Crime and Criminal Procedure in Early Nineteenth-Century London”

Thomas P. Gallanis, Ohio State University
“The Mystery of Old Bailey Counsel”

Allyson N. May, University of Toronto
“A Metropolitan Practice: London’s Criminal Bar, 1780-1850”

Annual Luncheon
12:15 pm – 1:45 pm

Saturday Session #3
2:00 pm – 3:30 pm

Law and the Fiscal State: Public Finance, Scientific Taxation, and the Regulation of Corporate Power
Chair/Comment: W. Elliot Brownlee, University of California, Santa Barbara

Papers:
Marjorie Kornhauser, Tulane University
“Realizing the Legacy of Eisner v. Macomber: The Continuing Role of ‘Realization’ in Tax Law and Policy”

Ajay Mehrotra, University of Chicago
“Lawyers, Guns & Money: The U.S. Treasury, WWI and the Excess Profits Tax”

M. Susan Murnane, Case Western Reserve University
“Selling Scientific Taxation: The Campaign to Reduce Marginal Income Tax Rates in the 1920s”

Gender and State Building, In Historical Perspective
Chair/Comment: Jack Balkin, Yale University

Papers:
Jill Elaine Hasday, University of Chicago
“Parenthood Divided: A Legal History of the Bifurcated Law of Parental Relations”

Reva B. Siegel, Yale University
“Federalism and the Family – Constitutional Conflicts of the 1920s and Beyond”

John Witt, Columbia University
“The Family Wage in the Making of American Accident Law”

 

Roman Law and the Economy
Chair/Comment: Susan D. Martin, University of Tennessee

Papers:
Richard Saller, University of Chicago
“Individual Property Rights and Roman Family Law”

Bruce Frier, University of Michigan
“Economic Problems in the Roman Law of Dowry”

Dennis Kehoe, Tulane University
“Law and the Economics of Farm Tenancy in the Roman Empire”

 

All Politics is Local: Justice and Power in Local French Courts, 1630-1800
Chair/Comment: Steven Reinhardt, University of Texas, Arlington

Papers:
Michael P. Breen, Reed College
“Litigating Politics in 17th Century France: The Mairie de Dijon v. the ‘Interessez’ ofLanturelu

Zoe Schneider, Georgetown University
“All the King’s Men? Local Courts and State-Building in France, 1670-1740”

Anthony Crubaugh, Illinois State University
“Making Justice Just: Local Courts in Rural France, 1750-1800”

 

Saturday Session #4
3:45 pm – 5:15 pm

Law and Social Control in the Colonial American South
Chair/Comment: A. Gregg Roeber, Penn State University

Papers:
Jason M. Barrett, University of Michigan
“The Law of Clientage: Civil Litigation and Debt Culture in Colonial Virginia”

Holly Brewer, North Carolina State University
“Perpetual Slavery, Land, and Status: Reconsidering the Laws of Perpetuities and their Connections to Religious and Political Ideology in Colonial America”

Sally E. Hadden, Florida State University
“Southern Grand Juries and Moral Authority in the Eighteenth Century”

 

The Laws of the Land: A Comparative Regional Approach to Resource Regulation in Turn of the Twentieth Century America
Chair/Comment: Ari Kelman, University of Denver

Papers:
Betsy Mendelsohn, University of Virginia
“Environmental Origins of State Power: The Science that Justified Illinois’s Extension of Legal Authority Over Wildlife and Wetlands, 1860-1910”

Kathleen Brosnan, University of Tennessee
“Conflict in the Rockies: The Clash of Community Standards with State and Federal Regulation”

Ellen Stroud, Columbia University
“Who Owns the Public Lots? Defining Public Land in Early 20th Century Maine”

Ancient Near Eastern Law: Administration and Adjudication
Chair: Cheryl Anderson, Garrett-Evangelical Theological Seminary

Papers:
Geoffrey P. Miller, New York University
Golden Calves, Stone Tablets, and Fundamental Law: A Legal and Political Interpretation of Exodus 32

F. Rachel Magdalene, Towson University
“An Overview of Mesopotamian Legal Procedure in the Seventh to Fifth Centuries, BCE”

Bruce Wells, Johns Hopkins University
“What a Court Wants: Evidentiary Requirements and Conditional         Verdicts in Ancient Babylonia”

Comment:
Martha A. Roth, University of Chicago

 

Strange Justice: Urban Law in Three Times and Places
Chair: Alan Watson, University of Georgia

Papers:
Hans-Friedrich Mueller, University of Florida
“Nocturnal Regulation in Ancient Rome”

Tahirih V. Lee, Florida State University
“A Twentieth-Century Babel: The Legal Systems of Republican Era Shanghai”

Anders Walker, Yale University
“Subtle Resistance: The Capital City Country Club Lease and the
Manipulation of Local Law to Subvert Civil Rights in Tallahassee,
Florida.”

Comment: Hendrik Hartog, Princeton University

 

6:00-8:00 pm, reception, ABA Museum of Law, ABA Building (transportation provided)


Sunday, November 11th

7:30-8:45 am, continental breakfast, Allegro Hotel


Sunday Session #1
9:00 am – 10:30 am

Courtrooms, Classrooms, and Cautionary Tales: Law and the Shaping of American Identities in the Early Republic
Chair: David Konig, Washington University

Papers:
Ellen Holmes Pearson, Johns Hopkins University
“Revising Custom, Embracing Choice: Early National Law Professors as Historians of the Common Law”

D. Kurt Graham, Brown University
“The Nationalizing Influence of the Lower Federal Courts: Rhode Island, 1790-1815”

Comment: Al Brophy, University of Alabama

 
Intellectual Property Law and American Economic Development: The Role of Law, Litigation, and Courts
Chair/Comment: Gregory Alexander, Cornell University

Papers:
Catherine Fisk, Loyola Law School
“Writers at Work: The Origins of the Work for Hire Doctrine in Copyright Law”

B. Zorina Khan, Bowdoin College
“What Do Courts Do? Evidence from Patent and Copyright Litigation, 1790-1910”

Lawyering and Legal Strategies Across Legal Systems
Chair: Mary Bilder, Boston College

Papers:
Robin Fleming, Boston College
“Domesday Land Dispute: Making the Case Before Common Law and Lawyers”

David Seipp, Boston University
“Year Book Pleading and Argument (and a New Index of the Year Books)”

James Brundage, University of Kansas
“The Practice of Canon Law in the Thirteenth Century”

Commentator: John Langbein, Yale University
 

Legalizing Conquest
Chair/Comment: Joseph W. McKnight III, S.M.U. School of Law

Papers:
Eric San Juan, Washington, DC
“Legalizing Conquest: American Law and the Philippine Territory”

Susan Scafidi, S.M.U. School of Law
“Spanish Law and Native American Identity”

Ernest Metzger, University of Aberdeen School of Law (Scotland)
“Roman Municipal Charters in the Iberian Peninsula”

:: 2001 Board of Directors Meeting ::
Chicago, Illinois   ::   Hotel Allegro
Thursday, November 8, 2001, 7:30 p.m.

 The meeting began at 7:40 p.m.

Opening Remarks

Tom Green, president of the Society, opened the meeting with the following remarks:

He thanked Vicky Woeste and the entire local arrangements committee for their work on organizing the conference; he also thanked Jack Pratt for his work as secretary/treasurer.

He reported that the executive committee had made the following six decisions since the last meeting of the board:

Approved payment of up to $1500 to the secretary/treasurer to defray expenses associated with attending the annual meeting (as part of that decision, the allocation of any complimentary rooms in the annual meeting hotel should be in this order: secretary/treasurer, president, president-elect);

Approved payment of up to $1500 for the editor of the Law and History Review to attend the quarterly meetings of the History Cooperative;

Approved a one-time payment of $500 to the University of Illinois Press for making available a “pre-print” service that allowed access through the web to manuscripts of articles prior to their publication;

Approved payment of up to $600 per annum to the graduate student member of the Board to defray expenses associated with attending the annual meeting;

Approved the expenditure of $140 as a one-time expenditure to augment the Murphy Award; and

Increased the annual dues for institutional members from $75 to $85. 

Minutes

The minutes of the 2000 meeting were approved as they appeared in the summer newsletter, and as distributed prior to this meeting.

Committee Reports

2001 Local Arrangements Committee

Vicky Woeste expressed the committee’s appreciation to Tom Green for his support and summarized the events planned for the current meeting. Following the report, the Board expressed its thanks to the committee.

2001 Program Committee

Bill Novak, chair, thanked the members of the committee for their work. He noted that with eight time slots for papers, there were fifteen panels that dealt with American law and seventeen panels that were non-American or comparative. In addition, the plenary address is not an Anglo-American topic. The committee had recruited thirteen panels on its own, and accepted 19 panels from 29 proposed as full panels. There were twenty-seven individual papers submitted; none was accepted.

The committee thought that there were three issues that would require discussion in the future: (1) how to expand the opportunities for the many good papers that were submitted; (2) how to recruit papers outside the Anglo-American topics; and (3) how to deal with the lack of British legal history among the unsolicited panels, the British papers on the program having been solicited by the committee.

Bill expressed thanks for the support of Tom Green. The Board expressed its appreciation for the committee’s work.

2002 Local Arrangements Committee

There was no report from members of the 2002 Local Arrangements Committee, from San Diego. Tom Green noted that it was likely that there would be no Sunday morning sessions, to allow everyone to fly home that day.

2002 Program Committee

David Rabban, chair of the 2002 Program Committee, reported on the process planned for selecting papers. The Committee would try to help junior scholars in forming unsolicited panels.

2003 Local Arrangements Committee

Lewis Grossman and Jim May represented the Committee, reporting that the search for a hotel had settled on the Capitol Hilton in November. They will go forward with planning events for the meeting.

Nominating Committee

Phillip Hamburger, on behalf of the Nominating Committee, reported on the results of the recent election, noting that the low turnout was problematic:

President-Elect (uncontested) Harry Scheiber (elected)

Board of Directors

Greg Alexander
T.J. Davis
Sally Gordon (elected)
Donald Kelley (elected)
Victoria List
Katherine Parrow
Richard Ross (elected)
Lucy Salyer (elected)

Graduate Student Board Member

Karen Bruner (elected)
Jed Shugerman

Nominating Committee Bob Cottrol (elected)

Annette Gordon-Reed (elected)
Renee Lettow
Emily Van Tassel

He also reported the Committee’s view that it would be helpful for future committees to be able to meet in person at the annual meeting, to allow for more complete discussion of the slate of candidates. In the discussion that followed, Tom Green suggested that the Nominating Committee itself should consider the issue in the coming year and report back to the Board next fall.

Tom thanked the committee for its work this year, especially that of the chair, Mary Dudziak.

Honors Committee

Dick Helmholz reported the Committee’s recommendation of three new corresponding fellows: André Gouron, Hector MacQueen, and Peter G. Stein. The Board unanimously approved the recommendation.

Committee on Conference & the Annual Meeting

Craig Joyce, chair, presented the committee’s report. The next two conferences will be in San Diego (November 7-10, 2002) and Washington, D.C. (November 13-16, 2003). For future locations, two cities in Texas were under consideration, Austin and San Antonio.

Secretary-Treasurer’s Report

Jack Pratt presented a summary of the Society’s finances to date, explaining that the accounts do not yet include all of the income and expenses for the annual meeting.

Publications Committee

The chair, Bruce Mann, summarized the points made in the written report, emphasizing (1) the discussion of a revised structure for the Society’s dues; and (2) the Committee’s evaluation of Dirk Hartog as co-editor of the series at UNC.

Law And History Review

Chris Tomlins summarized the written report submitted in advance of the meeting. He asked the Board to record its appreciation to the American Bar Foundation for its continued support of the Review. He noted the recommendation that subscription prices be reconsidered and asked approval of the Board to a study of the cost to mount all of the backset of the Review in electronic format. There was no objection expressed, with the understanding that the Executive Committee might bring the question back to the Board. The motion to thank the Bar Foundation, Renee Brown, Laura Edwards, and Christina Dengate received unanimous approval. Tom Green expressed the Board’s thanks to Chris for his continued service as editor.

Ann Lowery, from the University of Illinois Press, summarized the written report that she had submitted to the Board in advance.

Surrency Prize Committee

The Surrency Prize Committee submitted a written report of its “unanimous decision to award the 2001 prize to Professor James Jaffe for his article ‘Industrial Arbitration, Equity, and Authority in England, 1800-1850,’ which appeared in volume 18 of the Law and History Review. Jaffe examines the variegated forms of arbitration used in English industrial trades in the nineteenth century. Through a detailed exploration of the practices of the mining, pottery, and printing industries, Jaffe demonstrates how a voluntary system of arbitration grew up in individual trades alongside Parliamentary efforts to encourage arbitration as public policy. Voluntary industrial arbitration not only resolved disputes, but helped establish working rules for entire trades. Aware of the importance of arbitration, employers and workers struggled to implement and control arbitration systems to their own advantage. In telling this story with clarity, insight and precision, Jaffe has brought legal history, social history, and labor history into fruitful dialogue.”

Sutherland Prize Committee (Martin Wiener)

Christopher Brooks, representing the Committee, reported the unanimous decision to award this year’s Sutherland Prize to Dr. Robert Shoemaker, University of Sheffield, for his article, “The Decline of Public Insult in London 1660-1800,” which appeared in Past and Present, no. 169, 2000: 97-131. The citation follows:

This ambitious article makes thorough and technically knowledgeable use of ecclesiastical court records, correlated with the experience of other courts, to persuasively argue that the total number of actions for defamation declined in the course of the eighteenth century, and that the character and language of the cases that were prosecuted also changed significantly. It suggests that the decline in litigation reflected a real decline of public insult and was part of a broader cultural shift, in which the power and significance of the spoken insult was being undermined. His is a fresh and exciting approach to these legal records, exploring them as not only technical and specific documents (which of course they were) but as also participants in the cultural and social life of their time. In this article Dr. Shoemaker has impressively utilized legal records to present a strong case for a broader transformation of social life.

Studies in Legal History

Dirk Hartog reported on behalf of himself and his co-editor, Thomas Green. He thanked Chuck Grench at the UNC Press for his help during the year. The Board supported the expression of thanks. 

H-Law

Chris Waldrep said that in addition to the material contained in the written report, the H-Law committee was committed to making H-Law a record of the Society’s activities. On behalf of the Board, Tom Green thanked Chris and the H-Law committee for making H-Law a vital part of the Society. The Board expressed its thanks.

Membership Committee

There was no report from the Membership Committee.

Committee on Documentary Preservation

There was no report from the Committee.

 Future Projects Committee

Bill Nelson reported that the Committee had focused on two issues: (1) What to do as an organization for graduate students, to make them feel more at home. He noted that this year’s meeting had held a reception for graduate students for the first time. He invited other ideas to help graduate students. (2) What to do to improve relations with scholars outside North America and Great Britain, noting the proposal under new business to make $5,000 available to support participation by foreign scholars in the Society’s annual meeting.

In addition, Bill added a third, long-term issue: Whether the Society wanted to move beyond its present activities to do more to promote legal history in the world. To achieve that goal, would require the Society to become involved in fund-raising.

Tom Green reported that the first graduate student reception had been sparsely attended, because it could be held this year on Thursday, before most graduate students arrived. Nevertheless, he thought that the reception was a good idea, one that should be continued, though at a time during the main meeting.

Old Business

Hurst Memorial Committee

Avi Soifer reported for the committee on the successful completion of the first Willard Hurst Legal History Institute, in Madison, Wisconsin, June 11-22, 2001. The next Institute will be held in Madison in 2003. The Committee planned to meet Saturday morning to discuss what should be done with the additional funding available to the Society.

New Business

The Board unanimously approved the recommendation in favor of adopting a progressive dues structure. No recommendation was made for an increase in dues at this time.

The Board unanimously approved the recommendation:

to place up to $5,000 in the hands of the Program Committee (each year) to help scholars from abroad with travel/hotel costs associated with our annual meeting, assuming the scholars are on the program. The hope is to develop more relationships with foreign scholars and to enable the Society to develop more relationships with legal history organizations abroad.

The Board unanimously approved the concept of having the pre-registration form for the annual meeting seek a voluntary contribution to subvene the registration fees and meals for graduate students, leaving the Executive Committee to work out the details.

There was discussion of the provision of child care at the annual meeting. There was some concern about liability should the Society be the provider. The suggestion was that the local arrangements committee for each annual meeting should work with the host hotel to provide child care.

The meeting adjourned at 9:56 p.m.

:: 2001 Award Winners ::

2001 Sutherland Prize Winner

The Sutherland Prize Committee has voted unanimously to award this year’s Sutherland Prize to Dr. Robert Shoemaker, University of Sheffield, for his article, “The Decline of Public Insult in London 1660-1800”, which appeared in Past and Present, no. 169, 2000:97-131. This ambitious article makes thorough and technically knowledgeable use of ecclesiastical court records, correlated with the experience of other courts, to persuasively argue that the total number of actions for defamation declined in the course of the eighteenth century, and that the character and language of the cases that were prosecuted also changed significantly. It suggests that the decline in litigation reflected a real decline of public insult and was part of a broader cultural shift, in which the power and significance of the spoken insult was being undermined. His is a fresh and exciting approach to these legal records, exploring them as not only technical and specific documents (which of course they were) but as also participants in the cultural and social life of their time. In this article Dr. Shoemaker has impressively utilized legal records to present a strong case for a broader transformation of social life.

The Sutherland Prize Committee for the year 2001 was charged with selecting the best article in English legal history written in English and published in 2000. The Committee consisted of Robert Palmer (University of Houston), Christopher Brooks (University of Durham), Martin Wiener (Rice University), chair.

The Committee wishes to encourage and to regularize the process of nomination of an article or essay for the Sutherland Prize. A recommender should send at least one copy of the article to the chair of the Sutherland Prize Committee. The cut-off date for nominations is May 1.

2001 Surrency Prize Winner

The Surrency Prize Committee announced awarded the 2001 prize to Professor James Jaffe for his article “Industrial Arbitration, Equity, and Authority in England, 1800-1850,” which appeared in volume 18 of the Law and History Review. Jaffe examines the variegated forms of arbitration used in English industrial trades in the nineteenth century. Through a detailed exploration of the practices of the mining, pottery, and printing industries, Jaffe demonstrates how a voluntary system of arbitration as public policy. Voluntary industrial arbitration not only resolved disputes, but helped establish working rules for entire trades. Aware of the importance of arbitration, employers and workers struggled to implement and control arbitration systems to their own advantage. In telling this story with clarity, insight, and precision, Jaffe has brought legal history, social history, and labor history into fruitful dialogue. Each year the Surrency Prize Committee selects the best articles in the Law and History Review for that year.