Welke, "Writing with Fire: The Cowboy Suit Tragedy and the Course of a Life"

New from the University of Chicago Press: Writing with Fire: The Cowboy Suit Tragedy and the Course of a Life, by Barbara Young Welke (University of Minnesota). A description from the Press:

During the 1940s and 1950s, an untold number of American children suffered devastating injuries when the fur-like fabric on the chaps of their Gene Autry–branded cowboy playsuits exploded into flame. Barbara Young Welke was researching this history when her teenage daughter unexpectedly died.

The shock of Welke’s loss transformed her understanding of the children and their families. Her experience also led her to question the norms of scholarship and of writing. Historians are trained to separate the personal from the intellectual, to be suspicious of emotion. These and other norms are embedded in and reinforced by the calling card of academics, the curriculum vitae. Welke wondered how that cold document—with its literal meaning, “the course of life”—had become a form that excludes so much of what gives life meaning. What impact did that have on what we know, how we know it, and how we understand ourselves? Similarly, Welke wondered, what might we see if we looked at the history of the cowboy suit tragedy as more than a matter of lawsuits brought by grieving families? Here, Welke traces the making, marketing, and selling of the cowboy suits; the lengths the defendants went to avoid and limit liability; and the meaning of the injuries, deaths, and legal settlements in the course of these children’s and families’ lives.

Writing with Fire interweaves the histories of the cowboy suit tragedy and the curriculum vitae. Grounded in archival and legal research, oral histories, and letters Welke wrote her daughter following her death, Welke offers an inimitable examination of trauma, law, autobiography, and identity. The result is revelatory and unforgettable: a provocative historical reflection on life and death, depression and war, markets and families, law, power, and precarity in modern America.

A sampling of advance praise:

“What a profound, heart-rending, heart-healing work of history! But Writing with Fire transcends history. It is at once a landmark account of the way institutions shaped the lives of ordinary people in the twentieth-century US and an offering of searing, intimate stories of grief and those who have summoned the strength to go on living. Welke has wrought something entirely unique: a scholarly tour de force, a moving memoir, and a literary masterpiece.” -- Dan Bouk

“A brilliant and exquisitely rendered work of history, Writing with Fire is also a revelatory exploration of love, loss, and the creation of meaning. Welke braids together three stories whose juxtaposition powerfully testifies to the inseparability of our intellectual and intimate lives. This study of life-altering tragedy and its contributions to human knowledge is a gentle, wrenching masterpiece that changed how I see the world.” -- Serena Mayeri

“From events that barely made it into one-inch news stories, from academic developments scarcely acknowledged, and from her own grief at the death of her young daughter, Welke spins a profound, eloquent, and brave narrative that enables us to comprehend lives not our own―and also our own. Writing with Fire is an important history, which deploys the creative research skills of the legal historian and the journalistic skills of the oral historian to make a remarkable literary narrative that changed my mind about how history can be written.” -- Linda K. Kerber

“Writing with Fire is a remarkable book, scrupulously scholarly and highly personal, objectively rational and deeply emotional. Welke has braided three strands of contemporary life, difficult, even impossible, to contemplate: the maiming and death of children in fire; the death of her own child and her response to that death; and the course of twentieth-century professional life, which has come to define the contemporary academy and dictate the disciplined subjectivities deemed appropriate to its purposes. Placed amongst those purposes, Welke’s book seems strange, even awkward. How can these strands of life, these emotions, these realities, belong among the discourses of dispassion and data we have been taught to practice? In fact, our estrangement is Welke’s greatest achievement. There are no neat resolutions here, no tidy explanations of lives damaged or destroyed while worlds spin on regardless. But as the fragile strands she presents for our inspection entwine, and if we are patient, perhaps a new and different sensibility will awaken, in which unspeakable pain can yet become knowledge for those who remain.” -- Christopher Tomlins 

More information, including the TOC, is available here.

-- Karen Tani  

Thomas's Biography of Judge Florence Allen

Tracy Thomas, the Seiberling Chair of Constitutional Law, University of Akron School of Law, has published The First Woman Judge: The Life and Legacy of Florence Allen (University of California Press):

Florence Allen was the first woman judge many times over—first federal appellate court judge, first elected to a state supreme court, and first shortlisted for the U.S. Supreme Court. During Allen’s forty years on the bench, the country swung between progressivism and conservatism, with passage of a constitutional amendment for women’s voting rights, two world wars, the Red and Lavender Scares, and the New Deal.

Amid these changes, women used their new political standing to transform the courts, first by becoming active agents in the justice system, and then by developing theories of public law, social justice, and fair process. Exploring Allen’s fascinating legal life, Tracy Thomas recounts the larger history of how women infiltrated the legal system as judges, lawyers, jurors, and legislators to demand a more representative system of justice for the welfare of all.

--Dan Ernst.  Endorsements after the jump. 

Marsh's "Novel Constitutions and the Making of Race"

Sarah Marsh, Seton Hall University, has published Novel Constitutions and the Making of Race: A Literary and Legal History of Slavery in the Anglophone Atlantic, 1688–1818 (Oxford University Press): 

Novel Constitutions argues that Anglo-American racial slavery emerged from a seventeenth-century English constitutional crisis exported into the western Atlantic through Stuart imperial expansion. In this crisis, divine-right absolutism collided with the English people’s ancient constitutional claims to life, liberty, and property. As the Stuart monarchy pursued policies that elevated royal prerogative over the common law, imperial governance developed new procedures that severed kinship, alienated labor, and converted human persons of African descent into perpetual chattels—simultaneously transforming some English subjects into colonial slavocrats. These practices of asserting absolute power over other human beings constitute the original sin of American slavery: a profane attempt to assume godlike dominion over human beings. This study names these transatlantic legal improvisations “novel constitutions,” practices that infused absolutism into the very constitutional idioms meant to restrain it. Reading literature alongside statutes, slave codes, charters, and landmark legal decisions, the book traces the rise of racial, chattel slavery as a constitutional process through which race itself was produced in its modern form, binding hereditary rights and constitutional protections to human complexion. By reconceiving slavery and anti-slavery as competing constitutional projects in the anglophone Atlantic world, Novel Constitutions reframes the American founding as both an outcome of imperial slavocracy and a still-unfinished anti-slavery ambition.

--Dan Ernst 

Barbas's "Hate Speech"

Samantha Barbas, University of Iowa Law, has published Hate Speech: The Legal and Cultural History of an American Dilemma (University of California Press).  She is also blogging on the book over at The Volokh Conspiracy. 

The United States has no hate speech laws; hate speech is generally considered to be free speech under the First Amendment. In this crisp guided history, acclaimed legal historian Samantha Barbas chronicles the country’s legal and cultural battles over the regulation of hate speech in the last hundred years. Charting the historical context for current debates, she ultimately argues that, however emotionally appealing they may seem, hate speech laws undermine civil rights and democracy.

The American policy on hate speech evolved from influences such as the civil rights movement, which contended that the most effective way to combat hate speech wasn’t through proposed laws. Rather than imposing restrictions, the US has developed an array of mechanisms other than law, including counterspeech and public education, that have been relatively effective at dealing with hate speakers and hate groups. Though not perfect, our method of addressing hate is less dangerous than government censorship and less likely to be weaponized against the powerless.

 --Dan Ernst

Azari's "Backlash Presidents"

Julia R. Azari, Marquette University, has published Backlash Presidents: From Transformative to Reactionary Leaders in American History (Princeton University Press, 2025).  It has just received the Richard E. Neustadt Best Book Award of the American Political Science Association.

When Barack Obama won the White House in 2008, becoming the nation’s first Black president, the stage was set for Donald Trump’s eventual rise to power. Backlash Presidents shows how, throughout American history, administrations that challenge the country’s racial status quo are followed by presidents who deal in racially charged politics and presidential lawlessness, culminating in impeachment crises.

In this incisive book, Julia Azari traces the connections between racially transformative presidents and their successors, examining the presidencies of Abraham Lincoln and Andrew Johnson, Lyndon Johnson and Richard Nixon, and Obama and Trump. When he signed long-awaited civil rights legislation in 1964, Lyndon Johnson unleashed a perfect political storm that swept Nixon into the White House. Azari demonstrates how Nixon’s rhetoric, relationship to Congress, and attitudes about executive power exhibit striking parallels with Andrew Johnson and Trump. She discusses how their actions are linked to race and racialized institutions—the Department of War during Reconstruction, the FBI during the Nixon years, and elections today—and looks at what happens after impeachment, describing how the rush to establish a new order perpetuates many of the same problems as the old.

Challenging the conventional wisdom about the role of norms in American democracy, Backlash Presidents reveals how normal presidential politics upholds unsustainable racial hierarchy that in turn gives rise to intense periods of instability.

--Dan Ernst

Bigot's "Histoire du droit administratif"

With a hat tip to ESCLH, we note the publication of Grégoire Bigot's Histoire du droit administratif (Presses Universitaires de France).

Souvent présenté comme une création de la Révolution et du XIXᵉ siècle, le droit administratif français plonge en réalité ses racines dans l’Ancien Régime. Bien avant 1789, la monarchie avait élaboré des mécanismes spécifiques pour encadrer l’action de ses agents, organiser la gestion des affaires publiques et régler les litiges impliquant l’administration. La Révolution ne crée pas ex nihilo un ordre nouveau : elle transforme, systématise et redéfinit des pratiques et des principes déjà anciens.

Ce manuel retrace l’histoire du droit administratif français dans la longue durée, depuis les institutions monarchiques jusqu’aux évolutions contemporaines. Il met en lumière la formation progressive des grands principes (légalité, responsabilité, service public) ainsi que l’affirmation d’un juge administratif autonome.

À travers l’étude des sources, des textes fondateurs et des grandes décisions jurisprudentielles, l’ouvrage montre comment s’est construit un droit original, au croisement des enjeux politiques, institutionnels et sociaux.

Clair et structuré, il offre aux étudiants les repères indispensables pour comprendre la genèse et les transformations d’un droit au cœur de l’État.

--Dan Ernst.  A machine-generated translation to English follows after the jump.

Thank You to Guest Blogger Mitra Sharafi!

We are so grateful to Professor Mitra Sharafi (University of Wisconsin, Madison) for coming back to the blog this past month and posting a wonderful series of reflections. Here is a round-up of her contributions, all of which involved the process of writing Fear of the False: Forensic Science and the Law of Crime in Colonial South Asia (Cornell University Press):

•  10 Things I learned while writing my (second) book

•  10 Sources I discovered while writing my (second) book

• Teaching for Research (in which Sharafi highly recommends "designing a course to get yourself in shape for your next book project")

• Using Detective Fiction as a Source 

If you can't get enough of these posts, we know at least one place where you'll be able to find Prof. Sharafi this fall: in Banff, at the annual meeting of the American Society for Legal History. As ASLH President, she will preside over what looks to be a fantastic conference. (Register here.)   

Next up at the blog: guest blogger Gautham Rao.

-- Karen Tani

Cohen's "Gangster of New York"

Andrew Wender Cohen, Syracuse University, has published Gangster of New York: A Violent Life in Nineteenth Century America (Cambridge University Press, 2026).

 This is the story of Louis Bieral, a nineteenth-century gangster, politician, sportsman, and Civil War hero. Kidnapped from his birthplace in revolutionary South America, he doused fires in Jacksonian New York, battled Sumatran pirates with the US Navy, and panned for California gold. As a crime boss, he raced horses, boxed champions, and ran brothels. Yet Bieral's adventurous life was also steeped in the brutality of his time. He befriended rowdies like 'Butcher' Bill Poole, returned fugitives like Anthony Burns to slavery, and assaulted abolitionists such as Richard Henry Dana. As a Union officer, Bieral won fame in battle. He was a Gilded-age bodyguard for 'Boss' Tweed, William Seward, and Jim Fisk, becoming a suspect in that tycoon's murder. From the docks of Valparaíso to the dining room of Delmonico's to the cells of Auburn Prison, Bieral's remarkable journey illustrates the violence that bound nineteenth-century America together.

Professor Cohen is interviewed about the book here. 

--Dan Ernst

Mattix's "National Parks and the Supreme Court"

It is publication day for National Parks and the Supreme Court: Groundbreaking Legal Battles (University of Nevada Press), by Carla Chung Mattix, who for over twenty-five years was an attorney for the National Park Service in the U.S. Department of the Interior’s Office of the Solicitor.

Many Americans revere their national parks as places of natural beauty and cultural significance—but few realize how often these landscapes have been shaped by the courtroom as much as by conservation policy. With more than 3,500 lawsuits involving the National Park Service, litigation has defined, defended, and sometimes even threatened the character of the parks. Without these legal fights, the Gettysburg battlefield might be covered with strip malls and the Grand Canyon reduced to a mining site.

This book examines five landmark Supreme Court cases involving national parks—Gettysburg, Yellowstone, Grand Canyon, Death Valley, and the National Mall. Each chapter blends legal analysis with historical context, tracing the origins of the parks and the disputes that brought them before the nation’s highest court. Spanning nearly a century, these cases reveal how the Court has shaped park policy, land use, Native American rights, water law, and free speech.

Through these pivotal decisions, National Parks and the Supreme Court offers a new lens on the contested terrain of the national parks, where legal, environmental, and cultural values collide. By exploring the courts’ influence on public lands, it deepens our understanding of the complexities of managing America’s most cherished landscapes.

Ms. Mattix discusses her "path to publication" here. 

--Dan Ernst 

Nelson's "Concise History of American Law"

We note the posthumous publication of the late William E. Nelson's Concise History of American Law (Oxford University Press):

A Concise History of American Law traces the development of the US legal order from the colonial era to the twenty-first century. Emphasizing the essential role of the common law--derived from judicial precedent, rather than legislation--eminent legal historian William E. Nelson examines the foundations of the American rule of law and its interactions over time with political, economic, and societal transformations. Synthesizing the broad structural, institutional, and ideological changes embedded within American legal history illuminates the significant role courts have played in structuring politics and society. Nelson's accessible chronological narrative details how the rule of law has both facilitated change, by protecting the rights of those who advocate for it, and inhibited change, by acting as a conservative bulwark protecting the rights and property of the rich and powerful. Weaving this fundamental tension between law and politics into his pithy account of how the law was made and practiced over three centuries of American history, Nelson has produced an invaluable guide to the intricate evolution of the modern US legal system.

--Dan Ernst 

Li's "Translating Weimar"

[We have the following announcement from our friends at the Max Planck Institute for Legal History and Legal Theory of a new open access publication in its series, Global Perspectives on Legal History.  DRE]

Fupeng Li, Translating Weimar: The Cultural Translation of the Weimar Constitution in China (1919-1949).  Global Perspectives on Legal History. Vol. 28

How can a constitution imagine social revolution? This book answers this question by placing social rights at the center of the Weimar Constitution's long journey to China. It tells a global legal history of how jurists and legislators used constitutional language to conceptualize 20th-century projects of social transformation.

Moving between Germany and China, the book follows the Weimarer Reichsverfassung as it was read, translated, and rewritten by Chinese actors. Rather than treating the Weimar Constitution's influence as a simple "reception" of foreign ideas, it reconstructs how Chinese jurists used debates on labor, welfare, and economic order to rethink what a social constitution could be - and what kind of social revolution it might legitimately guide.

At the core of the analysis lies a structural shift: from the Weimar Constitution's rights-based model of social order to the policy-oriented constitutionalism that came to characterize modern China. Drawing on multilingual archives and constitutional drafts, the study traces how the Weimar Constitution's catalog of fundamental social rights was progressively reframed as Fundamental National Policies, transforming social rights into state programs, planning targets, and ideological commitments.

Organized around the triad of space, time, and tradition, the book maps the routes by which German Staatsrechtslehre and the Weimar Constitution's concept of social rights entered Chinese debates, shows how they were positioned within changing temporal narratives of crisis and revolution, and examines how they were negotiated in the encounter with Confucian statecraft, revolutionary nationalism, and socialist planning. In doing so, it offers a new framework for understanding how constitutions mediate social revolution through the cultural translation of rights into policies.

The book will interest scholars and students of constitutional law, global legal history, and modern Chinese history who seek to understand how social rights traveled across borders - and how, in the process, they quietly remade the meaning of both "constitution" and "revolution" in the 20th century.

Casagrande on the Counter-Concepts Constitution and Arbitrariness

[We have word of the following open-access publication in the Global Perspectives on Legal History series of the Max Planck Institute for Legal History and Legal History.  DRE.]

Agustín E. Casagrande, Constitución y Arbitrariedad: Conceptos e imaginarios del constitucionalismo argentinoo (Global Perspectives on Legal History, Vol. 26)

The discourse of constitutionalism emerged out of the entanglement of three strands: legal theory, political philosophy, and historical narratives. Its structure revolves around the tension between the counter-concepts (Gegenbegriffe) of arbitrariness (to be denounced) and constitution (to be legitimized). This book presents a threefold genealogical analysis to access the logic of Argentine constitutionalism. First, a conceptual history (Begriffsgeschichte) exposes the distance between recent narratives of the development of Argentine constitutionalism as constructed by political historians, on the one hand, and constitutional scientists, on the other. The second genealogy explores the theoretical rupture between modern law and the traditional knowledge of ius commune in the shift from arbitrium iuris to “legicentric” logic – that is, the preeminence of written law enacted by the state. The narrowing of the concept of arbitrium to arbitrariness was central to the formation of constitutional law’s conception of the political order. Finally, this rupture went hand-in-hand with the establishment of new political imaginaries, including autocratic caudillos, suggestible masas, anarchic tendencies of a people, etc. During the 19th century, these fueled the sense among the elites that a new order was needed; but they also still remain part of current narratives. Revealing these emotional imaginaries that guided, and continue to guide, constitutional practice enables a dialogue between the history of law as written by historians and as written by constitutionalists, with the purpose of understanding the recurrent crises that still afflict Argentine constitutionalism in the 21st century.

Probert's "Double Trouble" and "Double Lives"

Rebecca Probert, University of Exeter, has published two companion volumes with Hart/Bloomsbury.  The first is Double Trouble: Bigamy and the Law in England and Wales, 1604-2024:

Between 1604 and 2024, around 30,000 individuals were prosecuted for bigamy in England and Wales. A few were able to establish a defence to the charge, but most were convicted. How they were punished varied hugely across the centuries – from execution, branding, whipping, transportation, and imprisonment through to fines and community service.

Double Trouble details the legal framework that underpinned such prosecutions. As a companion volume to Double Lives: Stories of Bigamy in England and Wales, 1604–2024, it sets the offence in the context of the changing laws on marriage and divorce, and examines the consequences of bigamy for those involved, including the remedies that were available to the often-deceived second spouse.

Drawing on a wide array of sources from the 17th century to the present day, including formal law reports, legal treatises, newspapers, censuses, parish registers, divorce petitions and Parliamentary debates, this book shows how bigamy should be taken seriously as an offence that all too often involved deception, abandonment and heartbreak.

The second is Double Lives: Stories of Bigamy in England and Wales, 1604-2024:

A woman remarries after hearing that her husband has drowned, only for him to turn up alive and well. Is she now a criminal? A deserted husband, unable to afford a divorce, finds happiness in a new union. How many did the same? A conman advertises for a wife and then disappears with her life savings; he has already done the same to many other women. How was he brought to justice?

These are just a few of the hundreds of bigamous remarriages put under the microscope in Double Lives. As a companion volume to Double Trouble: Bigamy and the Law in England and Wales, 1604–2024, this book goes behind the law reports to reconstruct the stories of those involved. Drawing on archival sources, pamphlets, newspapers, census data, parish registers, divorce petitions and family histories, it shows the different forms that bigamy might take – accidental, consensual, deceptive or exploitative – and how bigamists' stories in turn helped to shape the law.

Double Lives shows how bigamy should not be dismissed as a comical or victimless crime. Every case had its own complex mix of desire and deception, and, all too often, heartbreak for someone.

--Dan Ernst 

Ewing and Moretta on the Cold War and the UK Right to Strike

K.D. Ewing and Andrew Moretta have published Labour Law, the Cold War, and the Right to Strike: A Legal and Political History of Order 1305 (Hart/Bloomsbury):

Surprisingly, the prohibition on the right to strike was retained by the Attlee administration after the Second World War, and was transformed to become a weapon of government during the Cold War to deal with what were wrongly claimed by ministers to be Communist-inspired strikes engineered for subversive purposes.

In a deep analysis of Order 1305, the authors provide a reassessment of the role of the State in industrial relations. Challenging much contemporary learning in labour law, the book is informed by a very detailed engagement with Cabinet and ministerial papers, which highlight the contradictions on the part of government in simultaneously promoting and containing trade union power. These sources also highlight the extent to which trade unions both relied on and were co-opted by the State.

The main focus of the book, however, is the role of Order 1305 in the control of trade union activists, with the continuing presence of the criminal law and allegations of communist inspired strikes ensuring an important role for MI5 and Special Branch in post-war industrial relations. Material unearthed at the National Archives demonstrates unequivocally not only that trade unions were deeply penetrated, but also that trade union activists were the subject of extensive surveillance, as the authors fully reveal.

–Dan Ernst.  TOC after the jump.

Cambridge History of the American Revolution

The three-volume Cambridge History of the American Revolution, edited Marjoleine Kars, Michael A. McDonnell, Andrew M. Schocket, was published online on February 3 and has a print publication date of October 30. 

Volume 1: Revolutionary Contexts

The first volume delves into how the context of the American Revolution was set, taking readers across North America and the world to reveal the far-flung people, events, institutions, cultures, and ideas that led to its inception. Through a global lens, the volume shows how empires struggled with political and economic reforms, as well as popular protest, while competing and warring with each other. On a continental scale, long-term environmental and economic structures, native peoples, colonial settlers, and their interactions set the parameters for revolutionary conflict. Focusing on the thirteen colonies, -particularly groups who are traditionally overlooked- the essays shed light on the specific milieus in which the Revolution took place, examining and reinterpreting the iconic events leading up to independence and war. A mixture of broad topical essays and short innovative “viewpoints”, together the essays question notions of American exceptionalism while emphasizing both change and continuity.

Volume 2: Revolution

The second volume focuses on the years of upheaval during the American Revolution between 1775 and 1789. It breaks new ground by surveying a wide range of internal conflicts in the thirteen colonies, the trauma of a bloody war and its consequences, as well as the continental, hemispheric, and global forces shaping warfare and politics in this era. Together, the essays expand our understanding of how various people navigated military occupation, community conflict, governmental paralysis, interpersonal relationships, institutional collapse, and the slipperiness of allegiances. Through sweeping interpretative essays and micro-history viewpoints, the volume highlights the interplay of class, race, and gender in a wartime context and how these dynamics played out and were influenced by broader geopolitical developments. The depths of division and grand possibilities are explored – and interrupt our long-standing notions of traditional linear narratives of nation-making in this era.

Volume 3: Continuities, Changes, and Legacies

The third and final volume examines the American Revolution and its consequences, continuities, and legacies. Across thirty essays, ranging from broad, topical chapters to innovative, shorter 'viewpoints', the volume sheds light on how the American Revolution reverberated worldwide from the Constitution's ratification to twenty-first century cultural battles over the Revolution's meanings. Americans of all stripes adapted old rituals and structures to national independence, new rights, and republican politics, while enslaved and Indigenous peoples contended with the nation's intensification of the exploitation of humans and land. The Revolution's global shockwaves buffeted empires and the people who resisted them. From the eighteenth century to today, Americans and people across the world have contested how we remember the American Revolution. 

Richard J. Ross, University of Illinois, and Steven Wilf, University of Connecticut School of Law, have posted their contribution to volume 1, Legal Orders:

This chapter explores how the Patriots deployed law in order to mobilize fellow citizens towards rebellion.  In the decade before the Revolution, Patriots fashioned law in innovative ways as a language that could cross geographical and social borders in order to rally citizens to a cause.  What made their appeals effective?  First, the chapter asks how the settlers’ growing competence in formulating constitutional argument favored the Whigs.  Second, a look at early nineteenth-century Spanish American independence movements helps explain how and why the Whigs could plausibly believe one of their core ideas—that a colony was a polity representing the rights of an underlying people.  Finally, attention to the vernacular legal culture of the streets and taverns shows how Patriot legal appeals could be appropriated by ordinary people.  The remarkable capacity of Whig law to bridge social and geographical distances helped make it a powerful instrument of revolutionary mobilization.

--Dan Ernst 

Parkinson's "Tyrants and Rogues"

Robert G. Parkinson, Binghamton University, has published Tyrants and Rogues: Understanding the Declaration of Independence (Norton):

We think of the Declaration of Independence as timeless. We know the sacred phrases: “all men are created equal,” “life, liberty, and the pursuit of happiness,” “self-evident truths,” “certain inalienable rights.” These are some of the most important words human beings have ever written. And they are all from the Declaration’s preamble, which has inspired people for centuries, including generations of revolutionaries all over the world.

But as historian Robert G. Parkinson points out, the Declaration was not written as a timeless statement of political philosophy. It was, rather, produced in the heat of a confusing, bloody, and desperate war. And in that moment, it wasn’t high ideals alone that drove the patriots forward. Parkinson’s great innovation is to allow us, 250 years on, to see the Declaration as its authors did. For them, the opening paragraphs were not the main event. It was the body of the Declaration—the twenty-seven grievances against King George—that formed the essential part. Even Thomas Jefferson would have been puzzled by history’s fixation on his opening sentences.

Parkinson takes us into the grievances, giving us stories of the Revolutionary era that are little known today but loomed large for the patriots. As the leaders of the Revolution saw it, they had been pushed to the breaking point by British officials who undermined colonial legislatures and courts, corrupted the judiciary, turned military power against civilians, inflamed slave revolts, forced colonists to fight one another—ultimately, waging war on their own people.

In his brilliantly original reading of the Declaration, Parkinson asks fundamental questions that have too often been overlooked: Why did the colonies declare independence when they did? What were their nonnegotiable demands? Who were the individuals whose actions made reconciliation impossible? By recovering the people and conflicts behind the Declaration’s grievances, Parkinson offers a strikingly new account of the American Revolution—and shows that the issues that most alarmed colonists in 1776 are urgent once again today.

--Dan Ernst

Altschuler's "Before Disability"

Sari Altschuler, Northeastern University, has published Before Disability: A History of American Citizenship (University of Pennsylvania Press):

The history of disability rights is often told as a recent one, but it is not. In the wake of the American Revolution, many of the differences we now call disabilities could be accommodated into citizenship—and for some even exemplified its promises. By the antebellum period, however, disability was becoming a powerful, racialized tool of civic exclusion and, by the century’s end, a target for eugenic elimination. In Before Disability, Sari Altschuler tells the story of how this dramatic transformation occurred.

Before Disability is a literary, legal, and cultural history of the relationship between disability, race, and citizenship. It shows how disability helped to shape US citizenship and, in turn, how the formation of US citizenship shaped disability. There were two key drivers of the transformation from accommodation to exclusion and eugenics: the difficulty aligning the reality with the rhetoric of civic inclusion and the co-opting of mental and physical difference as evidence in debates about Black citizenship. The stigmatizing ways race came together with mental and physical difference to deny Americans rights were, however, not inevitable.

Before citizenship was federally defined in the late 1860s, Americans were still working out what it meant. They used the narrative forms available to them—from melodrama and the gothic to the slave narrative and the criminal confession—to do this work. While possibilities narrowed by the antebellum era, Americans continued to imagine, articulate, and enact broader definitions. As we seek to imagine the relationship between disability and citizenship more equitably and expansively for ourselves, we should begin by remembering that many disabled and nondisabled Americans before us did, too.

--Dan Ernst 

Upham's "Taking American Citizenship Seriously"

David R. Upham, St. Thomas University College of Law, has published Taking American Citizenship Seriously: The Recovery of the Fourteenth Amendment (Bloomsbury)

In this ambitious volume, Professor David R. Upham offers a comprehensive account of the original understanding of the Fourteenth Amendment, shedding new light on its often-overlooked Privileges or Immunities Clause. Drawing on a close textual reading as well as a wide range of primary sources—some newly discovered—Upham argues that the framers intended the amendment as a measure designed to strengthen existing constitutional protections for the rights of both human personhood and American citizenship. Upham contends that the amendment secures for all individuals the basic rights to life, liberty, and property through guarantees of due process and equal protection, while also reaffirming the birthright principle that grants citizenship to nearly all born on U.S. soil. Moreover, the Fourteenth Amendment safeguards longstanding privileges and immunities of citizenship, including the rights to travel, engage in commerce, speak freely, bear arms, and enjoy protection from racial discrimination and other forms of civic exclusion. By recovering the Amendment’s original meaning, this book reshapes our understanding of constitutional rights and citizenship, with far-reaching implications for contemporary legal and political debates. 

--Dan Ernst

LSA James Willard Hurst Book Prize to Mayeri for "Marital Privilege"

The Law & Society Association has announced its 2026 awards, including the winner of the James Willard Hurst Book Prize ("awarded annually (biennially prior to 2002) for the best work in socio-legal history published in the previous year").

This year's Hurst award went to Serena Mayeri (Penn Carey Law), for Marital Privilege: Marriage, Inequality, and the Transformation of American Law (Oxford University Press, 2025). The citation:

Serena Mayeri’s Marital Privilege shows how, beginning in the 1960s, marriage was dislodged from its supreme position across a range of legal domains and replaced with a regime of “marital privilege.” With poignant, empathetic detail drawn from archives and legal documents, Mayeri brings to life both well-known and not-so-famous cases, revealing the theories and evolving strategies animating a wide range of challengers to the regime of marital supremacy—from litigants to advocacy organizations to legal academics. Yet, even as their victories advanced the values of nondiscrimination and individual autonomy, Mayeri shows how the assumptions of the new regime of “marital privilege” obscured and deepened inequalities of wealth, power, and privilege in American law and society. Combining sweeping ambition, doctrinal acumen, and a keen sense of historical contingency, Marital Privilege provides a magisterial account of a crucial transformation of American law. 

Congratulations to Professor Mayeri!

-- Karen Tani 

Byrne's "Law in the New Democracy" and Book Launch

On Thursday, July 2, from 6 PM - 7 PM at the Chau Chak Wing Museum in Camperdown, NSW, Paula Jane Byrne speaks about her new book Law in the New Democracy exploring development of a legal system in colonial New South Wales. It is published by ANU press and with the assistance of the Francis Forbes Society for Australian Legal History.  Here is the press's description of the book:

In the 1850s, opposition to the Crown in New South Wales made for unsteady ground for the administration of criminal law. This study of skirmishes between magistrates, constables and the metropolis reveals just how far understandings of law could be stretched and warped by recalcitrant local populations. At Carcoar, the local population entirely controlled how law worked; on the South Coast, ‘the people’ influenced how law intervened in their lives; in the north west of the colony, publicans dominated; on the north coast, violence against First Nations/Aboriginal people was forcibly meshed into the day to day working of the courts. This study shows a ‘frontier’ centred on the coasts and in the minds of legal officials of the metropolis, but elsewhere, some recognition of the Aboriginal polity and an early understanding of Aboriginal rights.

And here is the description of the book launch:

Democracy in the 1850s was felt to be fragile and uncertain. At any moment, the rhetoric of the Legislative Council and Assembly tells us, the rights obtained by the citizenry might be thwarted by the cunning manoeuvres of the English crown.

Such rhetoric would shape how colonial New South Wales viewed criminal law. Across the colony, desultory clerks filled sheets of paper with the words of victims and witnesses, words that would be carried to the metropolis, to the offices of legal officials. Dragging behind these words were the chained prisoners of the colony, eager on their journey to obtain money for a barrister in court.

This discussion examines the traces of such events and the role of the historian of 2026 in interpreting them. It addresses right of reply by Aboriginal people to history making. It questions the idea of a move into lawlessness the further we travel from Sydney and the idea of the frontier.

--Dan Ernst