Weekend Roundup

• To celebrate its 90th anniversary, the Stair Society held a legal history moot, according to Scottish law in 1851, a case involving wages for domestic service and an action of seduction (SLN).

• Claire Priest, YLS, will give a talk on Peruvian legal history in the Helsinki Legal History Series seminar on March 25. 
  

• Daniel Huslebosch, NYU Law, will deliver a virtual talk, “Confiscation in the American Revolution: Taking Property, Making the State,” before the Schenectady County Historical Society on April 2, at 7:00pm (News10).

• Kim Lane Scheppele, Princeton University, will deliver the Robert H. Jackson Lecture at Chautauqua this August.

• The American Historical Association and the Organization of American Historians have issued a joint statement on "federal censorship of American History."
  

• The Madison minimizers still have their work cut out for them, judging from this essay for Voice of America.
  

• 
  Law professors and historians at Willamette University "addressed the authoritarian tendencies of President Donald Trump’s second administration and debated historical similarities with European fascism" (Salem Reporter).
  

• Members of the Women and the Law Division of Indiana State Bar have created All Rise, a coloring book on inspirational women in the state's history.
  

• University of Illinois Urbana- Champaign's notice of The Origins of Critical Race Theory: The People and Ideas That Created a Movement, by Aja Y. Martinez and Robert O. Smith (NYU Press).

• Lawbook Exchange's March catalogue of Scholarly Law and Legal History.
  

• In Time's "Made by History" series: Historians Call Trump a “Transformative President” (Justin Peck).  1860s Prussia Teaches Us About Constitutional Crises (Christine Adams).  The Long Fight against the Department of Education (Austin Steelman). The Dangers of Politicizing Civil Service (Yong Kwon).  The 1930s Case That Sparked a Deportation Debate (Rebecca Brenner Graham).  What the 1990s Tell Us About DOGE (Jacob Bruggeman & Casey Eilbert).
  

• ICYMI: A notice of the first six months of the honorary historian of the New York State Unified Court System, former Court of Appeals Judge Albert M. Rosenblatt (LAW360).  Social Security Is Not a Ponzi Scheme, writes Lawrence B. Glickman (Boston Review).  Peter Neal says, No, Let's Not Bring Back Letters of Marque (Lawfare).  The Wisconsin Historical Society and the Barron County Historical Society are preparing a new historical marker on Ojibwe treaty rights and the “Walleye Wars” near Rice Lake (Barron News-Shield).

Weekend Roundup is a weekly feature compiled by all the Legal History bloggers.

CFP: Regulating the Global Movement of Care

 [We have the following CFP.  DRE]

W G Hart Workshop 2025: Regulating the Global Movement of Care.  Institute for Advanced Legal Studies, London.  11-12 June 2025

We invite abstracts (of 250-300 words) for the 2025 W G Hart Workshop focusing on the role of law in regulating the global movement of care. Given the historical and contemporary significance of the issue of the movement of carers, we welcome abstracts that explore the legal regulation of care (including comparative and international aspects) through the lens of a variety of disciplines: law, history, anthropology, politics, sociology, criminology, and creative arts.

The Workshop is organised around four themes - precarity, advocacy, protection, and kinship networks (see below) - reflecting the varied facets through which law's role in regulating the movement of care can be examined. Care is broadly defined and includes healthcare, social care, domestic care, as well as unpaid care. Legal requirements often create precarity by imposing stringent professional regulatory standards on migrant care workers or permitting the claw back of visa fees. Law may also be a tool in the hands of carers and individuals and organisations who support them to battle against exploitation. Legal regulation may, in some instance, offer protection to migrant care workers. Law, in particular immigration requirements, can also define relationships between migrant carers and their broader kinship networks both in their host countries and in the countries that they come from.

Abstracts should be emailed to adrienne.yong@city.ac.uk and p.saksena@leeds.ac.uk by 5pm on Monday, 6 January 2025. Please also include a brief biography of the speaker in the submission. Further details on the workshop themes are included below.

Academic Directors:

Dr Adrienne Yong (City St George's, University of London)
Dr Priyasha Saksena (University of Leeds)
Dr Amanda Spalding (University of Leeds)
Dr Amrita Limbu (University of Leeds)
Professor Marie-Andrée Jacob (University of Leeds)

More after the jump.

Friedman on Work Accidents

Lawrence M. Friedman, Stanford Law School, has published Work Accidents: A Drama in Three Acts in the Hofstra Labor and Employment Law Journal.  The acts are Farwell, workers compensation statutes, and their administration.  An admirably compact essay, by the master.  And, while we're on the subject, we recently viewed this, which was part of the exhibit, American Art: The Stories We Carry, at the Seattle Art Museum.

--Dan Ernst

BHC Prizes to Con Díaz and Canaday

Several prizes of interest to legal historians were awarded at the just-concluded Business History Conference.  One was the Anne Fleming Article Prize, awarded jointly ever other year jointly with the American Society for Legal History “to the author or authors of the best article published in the previous two years in either Law and History Review or Enterprise and Society on the relation of law and business/economy in any region or historical period.”  This year’s recipient is Gerardo Con Díaz, Yale University, for Patent Law and the Materiality of Inventions in the California Oil Industry: The Story of Halliburton v. Walker, 1935–1946, published in Enterprise and Society:

This article examines a patenting conflict between the Halliburton Oil Well and Cementing Company and an independent inventor named Cranford Walker. It argues that Halliburton’s effort to lower the barriers to entry into the oil well depth measurement industry facilitated the re-emergence of materiality as a pre-condition for the patent eligibility of inventive processes. In 1941, Walker sued Halliburton for infringement of three of his patents, and Halliburton responded with an aggressive defense aimed at invalidating them. Over the next five years, the courts handling this conflict adopted very narrow legal theories developed during the Second Industrial Revolution to assess the patent eligibility of inventions that involved mental steps—processes such as mathematical computations, which people can perform in their minds. The resulting legal precedent cleared the path for Halliburton’s short-term industrial goals and continued to shape patent law for the rest of the century.

The BHC’s Hagley Prize in Business History, "for the best book in business history, broadly defined," went to Margot Canaday, Princeton University, for Queer Career: Sexuality and Work in Modern America:

Workplaces have traditionally been viewed as “straight spaces” in which queer people passed. As a result, historians have directed limited attention to the experiences of queer people on the job. Queer Career rectifies this, offering an expansive historical look at sexual minorities in the modern American workforce. Arguing that queer workers were more visible than hidden and, against the backdrop of state aggression, vulnerable to employer exploitation, Margot Canaday positions employment and fear of job loss as central to gay life in postwar America.

Rather than finding that many midcentury employers tried to root out gay employees, Canaday sees an early version of “don’t ask / don’t tell”: in all kinds of work, as long as queer workers were discreet, they were valued for the lower wages they could be paid, their contingency, their perceived lack of familial ties, and the ease with which they could be pulled in and pushed out of the labor market. Across the socioeconomic spectrum, they were harbingers of post-Fordist employment regimes we now associate with precarity. While progress was not linear, by century’s end some gay workers rejected their former discretion, and some employers eventually offered them protection unattained through law. Pushed by activists at the corporate grass roots, business emerged at the forefront of employment rights for sexual minorities. It did so, at least in part, in response to the way that queer workers aligned with, and even prefigured, the labor system of late capitalism.

Queer Career shows how LGBT history helps us understand the recent history of capitalism and labor and rewrites our understanding of the queer past.

Other prize winners and honorable mentions, many for scholarship of interest to legal historians, are here.

--Dan Ernst.  H/t: SB

Taylor's "Constructing the Family"

Luke Taylor, Lincoln Alexander School of Law, Toronto Metropolitan University, has published Constructing the Family: Marriage and Work in Nineteenth-Century English Law (University of Toronto Press):

In nineteenth-century England, legal conceptions of work and family changed in fundamental ways. Notably, significant legal moves came into play that changed the legal understanding of the family.

Constructing the Family examines the evolution of the legal-discursive framework governing work and family relations. Luke Taylor considers the intersecting intellectual and institutional forces that contributed to the dissolution of the household, the establishment of separate spheres of work and family, and the emergence of modern legal and social ideas concerning work and family. He shows how specific legal-institutional moves contributed to the creation of the family's categorical status in the social and legal order and a distinct and exceptional body of rules – Family Law – for its governance.

Shedding light on the historical processes that contributed to the emergence of English family law, Constructing the Family shows how work and family became separate regulatory domains, and in so doing reveals the contingent nature of the modern legal family.

--Dan Ernst

Thank You, Kristin Olbertson!

We are very pleased to have had Kristin A. Olbertson, Alma College, as our guest blogger this month.  Here are her posts, collected for your convenience:

Barbarians in the Dock: How Vulgar Speech Become a Crime in 18th-Century Massachusetts
Speech, Law, & Power in the American Revolution
The Work-Life Balance & Other Myths
A Historian Watches Netflix's “History of Swear Words”
Reading Poetry, Writing Legal History
On Sources, Silences, & Research Spaces

Thanks, Professor Olbertson!

–Dan Ernst

Witt Reviews Holdren's "Injury Impoverished"

John Fabian Witt, Yale Law School, has posted Radical Histories/Liberal Histories in Work Injury Law, a review forthcoming in the American Journal of Legal History of Nate Holdren’s Injury Impoverished: Workplace Accidents, Capitalism, and Law in the Progressive Era:

Nate Holdren has written a brilliant, impassioned, and intellectually stimulating book on the legal history of industrial accidents. According to Holdren, work injuries were at their core a form of labor exploitation. He describes the law of work accidents as a machinery of injustice that bolstered the legitimacy of a violent and inhuman capitalist system. He fiercely critiques the workers’ compensation reforms enacted by progressive reformers a century ago as legitimating a form of systematic labor violence. He insists on recognizing and attending to the dignity of each accident victim, both in the content of his argument and as a matter of literary form. Injury Impoverished is a welcome if unsettling rebuke to complacent accounts of the field, perhaps my own among them. But Holdren’s analysis also raises many questions. Holdren attributes little value to the dramatically safer workplaces of the middle of the twentieth century. His cautious admiration for the litigation system of the years before workers’ compensation rests on a fantastical conception of the way 19th-century tort law actually worked. He calls for an impossibly demanding form of "justice as recognition" from the law. He misses the ways in which workers co-opted new forms of accident law and turned them to their own interests. And his single-minded focus on commodification and the point of production leads him to discount the surrounding political and legal institutions that shaped the social meaning of work injuries.

--Dan Ernst

Holdren’s First Post -- My book and my plans for future posts

I want to thank the editors of the Legal History Blog for having me as a guest blogger. It’s an honor and I’m delighted to have my words on here. As Professor Tani mentioned in her introduction, I recently published a book and I want to tell you about it.

My book is called Injury Impoverished: Workplace Accidents, Capitalism, and Law in the Progressive Era. It's my first book and is based on my dissertation. I think of the book as a study in the intellectual life of governance - how power relationships are conceptualized, mostly by powerful people, and what concepts are implied within power relationships, whether or not anyone actually thought them explicitly. In my view, inquiry is enriched by emphasis on both of these facets, the actual thoughts of people and the implicit logics enacted within institutional practices. I’m aware that this all sounds pretty abstract. In addition to talking about abstract matters, I also tried to foreground the real human beings who died, suffered, and lived despite all the harms to which working-class people are subjected. In my view, that dying and suffering was (and still is) largely organized by the kinds of abstractions I talk about in the book.

Weekend Roundup

• The Organization of American Historians has cancelled its annual meeting. But you can still skim the excellent program that the organizers put together. Margot Canaday (Princeton University) and Craig Steven Wilder (MIT) co-chaired the program committee. AND, if you were scheduled to present, check out this invitation (via Twitter) from The Docket (the online companion to the Law & History Review): "We’re sad about all that awesome #legalhistory scholarship that was going to be at #OAH20 and we’d like to be of service. The Docket will publish abstracts, full papers, etc. for any law, policy, or politics related OAH panel!" 

• Two recent op-eds by Felicia Kornbluh (University of Vermont): "Will the Court Ignore Past Rulings in Its Zeal to Demolish Abortion Rights?" (American Prospect) and "The abortion issue is back in the Supreme Court. What would my mother, and Jewish feminists of her generation, think?" (Forward).

• From Process, the blog of the Organization of American Historians, Greg Ablavsky (Stanford Law) writes about his recent Journal of American History article “Species of Sovereignty: Native Nationhood, the United States, and International Law, 1783–1795.

• For those who have moved to online teaching, Twitter is filled with good resources right now. For example, Aimi Hamraie (Vanderbilt University) tweeted out an excellent guide to "accessible teaching in the time of COVID-19," tapping into some hard-won wisdom from "disabled culture and community." 

• Law and History Review and Cambridge Core have posted two new articles: “Precocious Girls”: Age of Consent, Class and Family in Late Nineteenth-Century England, by Laura Lammasniemi, and Vernacularizing Justice: Age of Consent and a Legal History of the British Empire, by Ishita Pande. 

• Reuel E. Schiller has published “Regulation and the Collapse of the New Deal Order, or How I Learned to Stop Worrying and Love the Market,” in Beyond the New Deal Order: U.S. Politics from the Great Depression to the Great Recession, ed. Gerstle, Lichtenstein, and O’Connor (University of Pennsylvania Press, 2019).

• From the Washington Post's "Made by History" section: Elisa Minoff (Center for the Study of Social Policy) on why "work requirements are catastrophic in a pandemic"; Brendan Shanahan (Yale University), "Counting everyone — citizens and non-citizens — in the 2020 census is crucial"; Ariela Gross (University of Southern California) and Alejandro de la Fuente (Harvard University), "The history of slavery remains with us today"; and more.

• The Library of Congress may be closed to the public, but we believe its “crowdsourcing initiative By the People” continues.  The newest campaign to enlist the public’s help in making "digital collection items more searchable and accessible online is Herencia: Centuries of Spanish Legal Documents includes thousands of pages of historical documents in Spanish, Latin and Catalan."

• Jayanth K. Krishnan, Indiana University Maurer School of Law, has posted "Lawyers for the Undocumented: Addressing a Split Circuit Dilemma for Asylum-Seekers," which is forthcoming in the Ohio State Law Journal.  A section treats the Equal Access to Justice Act (EAJA), a federal statute adopted in 1980.

• ICYMI: An exhibit at the Lombard Historical Society on “the first woman to ever vote in an Illinois municipal election, an attorney named Ellen Martin.”  Patti Smith’s blurb of Ralph Nader’s cookbook: “A wonderful blend of consumer protection and consumer pleasure.” H/t: JLG

• And if you can face it: Duke University Press has put together this Navigating the Threat of Pandemics collection--free to read online until June 1 (books) and Oct.1 (articles). LHB readers may appreciate this one especially.

Weekend Roundup is a weekly feature compiled by all the Legal History bloggers. 

Galer on Disability Rights activism in Canada

Out with the University of Toronto Press is Working Towards Equity: Disability Rights Activism and Employment in Late Twentieth-Century Canada by Dustin Galer, personal historian and founder of MyHistorian.com. From the publisher: 

In Working towards Equity, Dustin Galer argues that paid work significantly shaped the experience of disability during the late twentieth century. Using a critical analysis of disability in archival records, personal collections, government publications and a series of interviews, Galer demonstrates how demands for greater access among disabled people for paid employment stimulated the development of a new discourse of disability in Canada. Family advocates helped people living in institutions move out into the community as rehabilitation professionals played an increasingly critical role in the lives of working-age adults with disabilities. Meanwhile, civil rights activists crafted a new consumer-led vision of social and economic integration. Employment was, and remains, a central component in disabled peoples' efforts to become productive, autonomous and financially secure members of Canadian society. Working towards Equity offers new in-depth analysis on rights activism as it relates to employment, sheltered workshops, deinstitutionalization and labour markets in the contemporary context in Canada.

Praise for the book:

"This is an ambitious and largely successful book. It deserves a wide readership because of its potential to expand the historiography about work, rights and rights movements, and policy (federal and provincial) – in the style of the new disability history – by bringing a disability analysis to bear on these topics." -Jason Ellis

"Working towards Equity makes a notable and worthwhile contribution to the field of disability studies as well as to social policy, labour history, and social movement activism studies in Canada. The illustrations and photographs are terrific features helping to bring alive the history, making it both personal and political." -Michael J. Prince

"Working towards Equity draws from a broad array of sources, including archived manuscript collections, documentary films, interviews, government reports, and published monographs and articles. Filling a significant gap in the historiography of disability rights, employment, and labour, this study makes a significant contribution to twentieth-century social and cultural history." -Michael Rembi 

Further information is available here.

--Mitra Sharafi