Although less than fifty words long, the meaning of the seemingly simple Eleventh Amendment has troubled the Supreme Court at crucial points in American history and continues to spur sharp debate in present-day courts. The first amendment adopted after the Bill of Rights, the Eleventh Amendment limits the exercise of U.S. judicial power when American states are sued. Its modern meaning was largely shaped around cases concerning the liability of Southern states to pay their debts during and after Reconstruction; by shielding states from liability, the Supreme Court's interpretation of the Eleventh Amendment eased the establishment of post-Reconstruction Southern society and left a maddeningly complicated law of federal jurisdiction. Here, Orth reconstructs the fascinating but obscure history of the Eleventh Amendment--the labyrinth of legal doctrine, the economic motives and consequences, the political context, and the legacy of the past--over the last two centuries. Using quotes from Wordsworth, Shaw, Mark Twain, Margaret Mitchell, and other writers to clarify and invigorate his narrative, Orth finally makes accessible an important but complex slice of constitutional history.

The Judicial Power of the United States: The Eleventh Amendment in American History

Orth, John V.

Legal History

Oxford University Press

Combination and Conspiracy covers the formative era of English Labor law, from the eighteenth century when organizations of skilled workers emerged from the guild system to the early twentieth century when national unions used their democratic political power to secure a favorable legal regime. The notorious Combinations Acts of 1799 and 1800 are placed firmly in the context of the preceding series of statutes for particular trades and places, as well as related to the developing common law of criminal conspiracy. The Molestation of Workman Act in the mid-nineteenth century, the product of a curious collaboration by trade unionists and conservative politicians, is rescued from obscurity and integrated with changing notions of contract as the basis for industrial relations. Finally, the foundations of modern labor law, the legislation of the 1870s (as amended in 1906), are presented as the culmination of a centuries-long process of statutory and precedential development.

Combination and Conspiracy: A Legal History of Trade Unionism, 1721-1906

Clarendon Press

Orth charts North Carolina's constitutional history since 1776, showing how changes were made within the context of their times. The text of the current constitution is presented in full along with an article-by-article and section-by-section analysis. A table of cases and a bibliographical essay offer additional resources for lawyers, scholars, and students in various disciplines. A full index makes the guide easily accessible for researchers at different levels.

The North Carolina State Constitution: A Reference Guide (Reference Guides to the State Constitutions of the United States)

History

Americas

Greenwood Pub Group

Many rights that Americans cherish today go unmentioned in the U.S. Constitution. Where do these freedoms come from? John V. Orth answers that question in this unique and gem-like history of due process. 
No person's life, liberty, or property may be taken without due process of law. What exactly that means has been one of the most frequently asked questions in American constitutional history. Today, the answer is usually given in two parts: what procedures the government must follow and--in exceptional cases--what the government cannot do even if it follows the proper procedures. The procedural aspect of this answer has been far less controversial than substantive due process, which at one time limited government regulation of business and today forbids the states from outlawing abortions. 
Due process of law, as a phrase and as a concept, was already old at the time it was adopted by American constitution-writers, both state and federal. Mindful of the English background and of constitutional developments in the several states, Orth in a succinct and readable narrative traces the history of due process, from its origins in medieval England to its applications in the latest cases. 
Departing from the usual approach to American constitutional law, Orth places the history of due process in the larger context of the common law. To a degree not always appreciated today, constitutional law advances in the same case-by-case manner as other legal rules. In that light, Orth concentrates on the general maxims or paradigms that guided the judges in their decisions of specific cases. Uncovering the links between one case and another, Orth describes how a commitment to fair procedures made way for an emphasis on the protection of property rights, which in turn led to a heightened sensitivity to individual rights in general. 
This unconventional history of the concept of due process heightens the reader's understanding of an important and vexed question of Anglo-American law and constitutionalism. Tracing the evolution of substantive due process through paradigmatic and exemplary cases, Orth explains in understandable terms the sources of controversial judicial rulings like Roe v. Wade.

Due Process of Law: A Brief History

Constitutional Law

Univ Pr of Kansas

Many rights that Americans cherish today go unmentioned in the U.S. Constitution. Where do these freedoms come from? John V. Orth answers that question in this unique and gem-like history of due process. No person's life, liberty, or property may be taken without "due process of law." What exactly that means has been one of the most frequently asked questions in American constitutional history. Today, the answer is usually given in two parts: what procedures the government must follow and—in exceptional cases—what the government cannot do even if it follows the proper procedures. The procedural aspect of this answer has been far less controversial than "substantive due process," which at one time limited government regulation of business and today forbids the states from outlawing abortions. "Due process of law," as a phrase and as a concept, was already old at the time it was adopted by American constitution-writers, both state and federal. Mindful of the English background and of constitutional developments in the several states, Orth in a succinct and readable narrative traces the history of due process, from its origins in medieval England to its applications in the latest cases. Departing from the usual approach to American constitutional law, Orth places the history of due process in the larger context of the common law. To a degree not always appreciated today, constitutional law advances in the same case-by-case manner as other legal rules. In that light, Orth concentrates on the general maxims or paradigms that guided the judges in their decisions of specific cases. Uncovering the links between one case and another, Orth describes how a commitment to fair procedures made way for an emphasis on the protection of property rights, which in turn led to a heightened sensitivity to individual rights in general. This unconventional history of the concept of due process heightens the reader's understanding of an important and vexed question of Anglo-American law and constitutionalism. Tracing the evolution of substantive due process through paradigmatic and exemplary cases, Orth explains in understandable terms the sources of controversial judicial rulings like Roe v. Wade.

University Press of Kansas

How Many Judges Does It Take to Make a Supreme Court?: And Other Essays on Law and the Constitution

Why do appellate courts always have an odd number of judges? And what does the answer tell us about changing concepts of law? How can common law be unconstitutional? Why does the power of judges depend on accurate court reporting? Because legal education today has come to focus so much on teaching students "how to think like lawyers," some subjects do not fit comfortably in law school curricula. John Orth, a distinguished senior law scholar, here explores some of these neglected but important topics. His insightful volume invites students of the law to look at the origins of accepted legal practices as a means of gaining insight into the judicial role and the evolution of common law. In six carefully reasoned and clearly argued articles-four never before published—Orth presents the familiar in a fresh light. He considers, in addition to the questions already mentioned, how the centuries-old common law tradition interacts with statutory law-making, why claims that individual rights are grounded in common law are suspect, and how the common law uses what it learns about the past. In considering these questions related to common law and its remarkable longevity, Orth illuminates both its interaction with written constitutions and its longstanding preoccupation with procedure and property. And by questioning the assertion that individualism was the cornerstone of common law, he deftly resolves an objection that liberal scholars sometimes raise concerning common law—its connection to the Lochner era of Supreme Court jurisprudence. Together, these essays show that common law is constantly in motion, using and reusing techniques that have kept it viable for centuries. How many judges does it take to make a supreme court? As Orth observes, the institutional novelty of odd numbers of judges provided a means to break ties but did nothing to guarantee acceptance of their decisions. By demonstrating that what seems obvious about the law today was not always so, he cogently addresses changing perceptions of law and invites its future practitioners not only to think like lawyers but also to be more fully grounded in the law.

Why do appellate courts always have an odd number of judges? And what does the answer tell us about changing concepts of law? How can common law be unconstitutional? Why does the power of judges depend on accurate court reporting?Because legal education today has come to focus so much on teaching students "how to think like lawyers," some subjects do not fit comfortably in law school curricula. John Orth, a distinguished senior law scholar, here explores some of these neglected but important topics. His insightful volume invites students of the law to look at the origins of accepted legal practices as a means of gaining insight into the judicial role and the evolution of common law.In six carefully reasoned and clearly argued articles-four never before published—Orth presents the familiar in a fresh light. He considers, in addition to the questions already mentioned, how the centuries-old common law tradition interacts with statutory law-making, why claims that individual rights are grounded in common law are suspect, and how the common law uses what it learns about the past. In considering these questions related to common law and its remarkable longevity, Orth illuminates both its interaction with written constitutions and its longstanding preoccupation with procedure and property. And by questioning the assertion that individualism was the cornerstone of common law, he deftly resolves an objection that liberal scholars sometimes raise concerning common law—its connection to the Lochner era of Supreme Court jurisprudence. Together, these essays show that common law is constantly in motion, using and reusing techniques that have kept it viable for centuries.How many judges does it take to make a supreme court? As Orth observes, the institutional novelty of odd numbers of judges provided a means to break ties but did nothing to guarantee acceptance of their decisions. By demonstrating that what seems obvious about the law today was not always so, he cogently addresses changing perceptions of law and invites its future practitioners not only to think like lawyers but also to be more fully grounded in the law.

Reappraisals in the Law of Property (Law, Property and Society)

Some of the most basic doctrines of property law are very old, many dating to the medieval era. How can legal rules that were born so long ago remain viable today? In Reappraisals in the Law of Property, author John V. Orth considers various topics in order to discover the forces that have been made and are continuing to remake these areas of the law. Orth proposes three forces in particular that have shaped the development of property law over time: the inertial force of tradition, the reforming power of judicial and legislative activism, and the constant challenge of academic criticism. Together, these themes form the foundation of a critical and challenging work, one that re-evaluates property law and demonstrates both its enduring consistency and the unique and often drastic ways in which it has evolved in the modern era.

Reference

Routledge

In The North Carolina State Constitution, originally published in 1993, John Orth provides a definitive study of the historical context and significant features of each of the state's three successive constitutions. The book begins with a history of the constitutions of 1776, 1868, and 1971. Orth then reproduces the full text of the current constitution as amended through 1992. In a section-by-section commentary, he explains the origins of each provision and traces how each has been interpreted by the courts. To enhance its value as a reference, the book includes a bibliographic essay, a table of cases cited, and a subject index. A UNC Press Enduring Edition -- UNC Press Enduring Editions use the latest in digital technology to make available again books from our distinguished backlist that were previously out of print. These editions are published unaltered from the original, and are presented in affordable paperback formats, bringing readers both historical and cultural value.

The North Carolina State Constitution, with History and Commentary (Reference Guides to the State Constitutions of the United States ; No. 16.)

The University of North Carolina Press

Some of the most basic doctrines of property law are very old, many dating to the medieval era. How can legal rules that were born so long ago remain viable today? In Reappraisals in the Law of Property, author John V. Orth considers various topics in order to discover the forces that have been made and are continuing to remake these areas of the law. Orth proposes three forces in particular that have shaped the development of property law over time: the inertial force of tradition, the reforming power of judicial and legislative activism, and the constant challenge of academic criticism. Together, these themes form the foundation of a critical and challenging work, one that re-evaluates property law and demonstrates both its enduring consistency and the unique and often drastic ways in which it has evolved in the modern era.

See the best price to sell, buy, or rent books by Orth, John V.. BookScouter helps to compare book prices from 25+ online bookstores and 30+ buyback vendors with a single search.

Books by Orth, John V.

See the best price to sell, buy, or rent books by Orth, John V.. BookScouter helps to compare book prices from 25+ online bookstores and 30+ buyback vendors with a single search.

The Judicial Power of the United States: The Eleventh Amendment in American History

Combination and Conspiracy: A Legal History of Trade Unionism, 1721-1906

The North Carolina State Constitution: A Reference Guide (Reference Guides to the State Constitutions of the United States)

Due Process of Law: A Brief History

Due Process of Law: A Brief History

How Many Judges Does It Take to Make a Supreme Court?: And Other Essays on Law and the Constitution

How Many Judges Does It Take to Make a Supreme Court?: And Other Essays on Law and the Constitution

Reappraisals in the Law of Property (Law, Property and Society)

The North Carolina State Constitution, with History and Commentary (Reference Guides to the State Constitutions of the United States ; No. 16.)

Reappraisals in the Law of Property (Law, Property and Society)