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Inventing American Exceptionalism: The Origins of American Adversarial Legal Culture, 1800-1877

Amalia D. Kessler

Published in print:
2017
Published Online:
May 2017
ISBN:
9780300198072
eISBN:
9780300224849
Item type:
book
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300198072.001.0001
Subject:
Law, Legal History

It is widely accepted that American procedure—and indeed American legal culture as a whole—are adversarial (and distinctively so). Yet, precisely because this assumption is so deep-rooted, we have ... More


The Freedmen’s Bureau Exception: The Triumph of Due (Adversarial) Process and the Dawn of Jim Crow

Amalia D. Kessler

in Inventing American Exceptionalism: The Origins of American Adversarial Legal Culture, 1800-1877

Published in print:
2017
Published Online:
May 2017
ISBN:
9780300198072
eISBN:
9780300224849
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300198072.003.0007
Subject:
Law, Legal History

Chapter 6 examines the Freedmen’s Bureau courts as an exception to the otherwise prevailing failure of conciliation courts to take root in American soil. Created to integrate the newly freed ... More


Innovations

Michele Landis Dauber

in The Sympathetic State: Disaster Relief and the Origins of the American Welfare State

Published in print:
2012
Published Online:
January 2014
ISBN:
9780226923482
eISBN:
9780226923505
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226923505.003.0003
Subject:
Law, Legal History

This chapter shows that deference to precedent and the early crystallization of the basic structure of the disaster narrative did not preclude innovation in what counted as a “disaster.” Instead, it ... More


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