John V. Orth - Böcker

This book reconstructs the fascinating but obscure history of the Eleventh Amendment to the US Constitution, which limits the exercise of US 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.

Combination and Conspiracy covers the formative era of English labour 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 favourable legal regime. The notorious Combination 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 law of conspiracy. This book rescues from obscurity the Molestation of Workmen Act in the mid-nineteenth century, the product of a curious collaboration by trade unionists and Conservative politicians, and integrates it with changing notions of contract as the basis of industrial relations. Finally, the book presents the foundations of modern labour law, the legislation of the 1870s (as amended in 1906), as the culmination of a centuries-long process of statutory and precedential development.

North Carolina's state constitution charts the evolution over two centuries of a modern representative democracy. In The North Carolina State Constitution, John V. Orth and Paul M. Newby provide an outstanding constitutional and historical account of the state's governing charter. In addition to an overview of North Carolina's constitutional history, it provides an in-depth, section-by-section analysis of the entire constitution, detailing the many significant changes that have been made since its initial drafting. This treatment, along with a table of cases, index, and bibliography provides an unsurpassed reference guide for students, scholars, and practitioners of North Carolina's constitution.Co-authored by Paul M. Newby, a sitting justice of the North Carolina Supreme Court, the second edition includes significant constitutional amendments adopted since the date of the first edition. Almost every article was affected by the changes. Some were minor-such as the lengthening the term of magistrates-and some were more significant, such as spelling out the rights of victims of crimes. One was obviously major: granting the governor the power to veto legislation-making North Carolina's governor the last American governor to be given that power. In addition, the North Carolina Supreme Court has continued the seemingly never-ending process of constitutional interpretation. Some judicial decisions answered fairly routine questions about the powers of office, such as the governor's clemency power. Others were politically contentious, such as deciding the constitutional constraints on legislative redistricting. And one continues to have momentous consequences for public education, recognizing the state's constitutional duty to provide every school child in North Carolina with a "sound, basic education."The Oxford Commentaries on the State Constitutions of the United States is an important series that reflects a renewed international interest in constitutional history and provides expert insight into each of the 50 state constitutions. Each volume in this innovative series contains a historical overview of the state's constitutional development, a section-by-section analysis of its current constitution, and a comprehensive guide to further research.Under the expert editorship of Professor G. Alan Tarr, Director of the Center on State Constitutional Studies at Rutgers University, this series provides essential reference tools for understanding state constitutional law. Books in the series can be purchased individually or as part of a complete set, giving readers unmatched access to these important political documents.

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 follows 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.

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, 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. 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.

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.

Using a thematic approach to American law and legal history, The Common Law Tradition in America introduces readers to the scholars, judges, and critics who made the law at once a stable source of rules and a dynamic system capable of responding to social and economic changes.Beginning with the common law “at home” in England on the eve of the American Revolution, the book introduces readers to the scholarly Sir William Blackstone, the activist judge Lord Mansfield, and the radical critic Jeremy Bentham. Having established the themes of tradition, innovation, and criticism, the book then examines the challenges that faced the common law in America: written constitutions, a new form of legal education, and the rapidly growing number of statutes. Finally, using selected examples, the book demonstrates the continuing influence of these themes in present American law.As befits “a personal statement,” The Common Law Tradition in America is written in a relaxed style, enlivened with engaging anecdotes. It offers law students, researchers of legal history, practicing lawyers, and the general reader an overview of law and legal development, above the technicalities of law school and practice.

Using a thematic approach to American law and legal history, The Common Law Tradition in America introduces readers to the scholars, judges, and critics who made the law at once a stable source of rules and a dynamic system capable of responding to social and economic changes.Beginning with the common law “at home” in England on the eve of the American Revolution, the book introduces readers to the scholarly Sir William Blackstone, the activist judge Lord Mansfield, and the radical critic Jeremy Bentham. Having established the themes of tradition, innovation, and criticism, the book then examines the challenges that faced the common law in America: written constitutions, a new form of legal education, and the rapidly growing number of statutes. Finally, using selected examples, the book demonstrates the continuing influence of these themes in present American law.As befits “a personal statement,” The Common Law Tradition in America is written in a relaxed style, enlivened with engaging anecdotes. It offers law students, researchers of legal history, practicing lawyers, and the general reader an overview of law and legal development, above the technicalities of law school and practice.

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.

This book restores to view a masterpiece of beauty and legal scholarship, which has been lost for almost two hundred years.  Produced anonymously in 1838, The Tree of Legal Knowledge is an elaborate visualization in five large colored plates of the law as stated in Sir William Blackstone’s Commentaries on the Laws of England.  Intended as “an assistant for students in the study of law,” the study aid was not a simple diagram but a beautiful tree with each branch and twig labeled with legal terms and concepts from the Commentaries.  Not for law students only, the original was also intended to be of use to the practicing attorney and educated gentleman “in consolidating his learning and forming an instructive and ornamental appendage to an office.”Although Blackstone’s Commentaries had been first published eighty years earlier, it remained the primary source for knowledge of English law and required reading for American law students.  The Commentaries remain relevant today and are frequently cited by the U.S. Supreme Court as a source for the original understanding of legal rights and obligations at the time of American Independence.  Despite its artistic beauty and academic significance, The Tree of Legal Knowledge had seemingly disappeared shortly after its publication.  It is not included in the collection of any library, including the Library of Congress or in Yale University’s Blackstone Collection, the largest in the world.  It is not listed in the comprehensive Bibliographical Catalog of William Blackstone, edited by Ann Jordan Laeuchli, published for the Yale Law Library in 2015.  The present volume reproduces the only extant copy of The Tree of Legal Knowledge.  It includes an introduction by the editor that places The Tree in historical context and identifies the anonymous author, an otherwise unknown lawyer.  In addition, it reprints the original author’s introduction and “explanation of the branches,” both extensively annotated.  This book restores this lost masterpiece to its proper place in legal history.  The Tree is a beautiful—and accurate—depiction of English law as expounded in Blackstone’s Commentaries, the single most important book in the history of the common law.