This is the standard reader in American law and constitutional development. The selections demonstrate that the legal order, once defined by society, helps in molding the various forces of the social life of that society. The essays cover the entire period of the American experience, from the colonies to postindustrial society. 
 Additions to this enlarged edition include essays by Michael Parrish on the Depression and the New Deal; Abram Chayes on the role of the judge in public law litigation; David Vogel on social regulation; Harry N. Scheiber on doctrinal legacies and institutional innovations in the relation between law and the economy; and Lawrence M. Friedman on American legal history.

American Law and the Constitutional Order

Scheiber, Harry N.

Friedman, Lawrence M.

Harvard University Press

Legal Culture And The Legal Profession

The American legal system is under heavy attack for the impact it is supposed to have on American culture and society generally. A common complaint of the anti-lawyer movement is that under the influence of lawyers we have become a “litigious society,” in the process undermining traditional American values such as self-reliance and responsibility.In this volume a group of distinguished scholars in law and the social sciences explores these questions. Neither an apology for lawyers nor a critique, Legal Culture and the Legal Profession examines the successes and the problems of the U.S. legal system, its impact on the broader culture, and the spread of American legal culture abroad.

Westview Press

Ohio Canal Era: A Case Study of Government and the Economy, 1820-1861

History

Americas

Ohio Univ Pr

Ohio Canal Era: A Case Study of Government and the Economy, 1820-1861, With a New Preface

Ohio Canal Era, a rich analysis of state policies and their impact in directing economic change, is a classic on the subject of the pre–Civil War transportation revolution. This edition contains a new foreword by scholar Lawrence M. Friedman and a bibliographic note by the author. Professor Scheiber explores how Ohio―as a “public enterprise state,” creating state agencies and mobilizing public resources for transport innovation and control―led in the process of economic change before the Civil War. No other historical account of the period provides so full and insightful a portrayal of “law in action.” Scheiber reveals the important roles of American nineteenth- century government in economic policy-making, finance, administration, and entrepreneurial activities in support of economic development. His study is equally important as an economic history. Scheiber provides a full account of waves of technological innovation and of the transformation of Ohio’s commerce, agriculture, and industrialization in an era of hectic economic change. And he tells the intriguing story of how the earliest railroads of the Old Northwest were built and financed, finally confronting the state- owned canal system with a devastating competitive challenge. Amid the current debate surrounding “privatization,” “deregulation,” and the appropriate use of “industrial policy” by government to shape and channel the economy. Scheiber’s landmark study gives vital historical context to issues of privatization and deregulation that we confront in new forms today.  

Ohio Canal Era: A Case Study of Government and the Economy, 1820–1861

Business & Money

Economics

Ohio University Press

Selected as a 2017 CHOICE Outstanding Academic Title Bayonets in Paradise recounts the extraordinary story of how the army imposed rigid and absolute control on the total population of Hawaii during World War II. Declared immediately after the Pearl Harbor attack, martial law was all-inclusive, bringing under army rule every aspect of the Territory of Hawaii's laws and governmental institutions. Even the judiciary was placed under direct subservience to the military authorities. The result was a protracted crisis in civil liberties, as the army subjected more than 400,000 civilians―citizens and alien residents alike―to sweeping, intrusive social and economic regulations and to enforcement of army orders in provost courts with no semblance of due process. In addition, the army enforced special regulations against Hawaii's large population of Japanese ancestry; thousands of Japanese Americans were investigated, hundreds were arrested, and some 2,000 were incarcerated. In marked contrast to the well-known policy of the mass removals on the West Coast, however, Hawaii's policy was one of "selective," albeit preventive, detention. Army rule in Hawaii lasted until late 1944―making it the longest period in which an American civilian population has ever been governed under martial law. The army brass invoked the imperatives of security and "military necessity" to perpetuate its regime of censorship, curfews, forced work assignments, and arbitrary "justice" in the military courts. Broadly accepted at first, these policies led in time to dramatic clashes over the wisdom and constitutionality of martial law, involving the president, his top Cabinet officials, and the military. The authors also provide a rich analysis of the legal challenges to martial law that culminated in Duncan v. Kahanamoku, a remarkable case in which the U.S. Supreme Court finally heard argument on the martial law regime―and ruled in 1946 that provost court justice and the military's usurpation of the civilian government had been illegal. Based largely on archival sources, this comprehensive, authoritative study places the long-neglected and largely unknown history of martial law in Hawaii in the larger context of America's ongoing struggle between the defense of constitutional liberties and the exercise of emergency powers.

Bayonets in Paradise: Martial Law in Hawai‘i during World War II

Scheiber, Jane L.

University of Hawaii Press

This much-cited study of Woodrow Wilson and his administration is a foundational work of legal and social history. In it, Berkeley historian Harry Scheiber explores the suppression of speech and print publication during an era of world war, the Red Scare, anti-foreign fervor, and unionism.  Wilson's notable achievements in social leadership and the progressive movement are questioned in light of his failure to protect civil liberties amidst the tide of war fever, nationalism, racism,  and corporate interests. His administration, through the Justice Department and the Postmaster General, took ruthless and often spurious actions to repress liberties, as the author reveals by prodigious research and useful tables showing prosecutions and dispositions of anti-speech legal actions.  Toward the end of his administration, as he was rendered weak and distant by stroke, there is no doubt that Wilson turned a blind eye to anti-speech governmental behavior. But Scheiber shows that the systematic suppression came long before, for reasons that included the hyperfocus Wilson had on World War I and the League of Nations.  This book is accessible to a wide audience interested in American history and moments of challenge to human freedom. It is not exclusively, or even particularly, for students of law and history or for lawyers. The author's use of source materials and private papers has spoken to many readers and researchers over the years. This is an unabridged republication of the original work.

The Wilson Administration and Civil Liberties, 1917-1921

Quid Pro, LLC

Ocean Law Debates: The 50-Year Legacy and Emerging Issues for the Years Ahead offers historical perspectives on the ocean-law debates of the 1960s and after, leading to the signing of UNCLOS in 1982, along with perceptive analyses of various key current-day issues, including climate change, biodiversity in the Area Beyond National Jurisdiction, seabed mining, genetic prospecting, and the geopolitics of Marine Protected Areas.

Ocean Law Debates

Foreign & International Law

Brill Nijhoff

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Books by Scheiber, Harry N.