2009 Hurst Summer Institute in Legal History

Program with Links to Readings

Updated 6/24/09

Suggested Supplemental Reading

ILS Website: The Scholarship of James Willard Hurst

Hartog: "Snakes in Ireland: A Conversation with Willard Hurst"
Law and History Review Vol. 12 No. 2 (Fall 1994).

Hurst: Law and the Conditions of Freedom in the Nineteenth-Century United States  (A copy of this book will be provided to each Hurst Fellow upon arrival.)

Week 1

Monday, June 15th

Lead Scholar:  Barbara Welke, Associate Professor of History and Professor of Law at the University of Minnesota.
Topic: Introduction and Overview: Doing Legal History

Hartog: "Pigs and Positivism" Wisconsin Law Review (1985)

Gordon: "Introduction: J. Willard Hurst and the Common Law Tradition in American Legal Historiography" 10 Law & Society Review (Fall 1975) 10-55.

8:30 Coffee -- Lowell Center Lower Lounge
9:00-12:00 Session
12:00 Box Lunch delivered to meeting room
Free Time
6:10 Convene in Lowell Center Lobby
6:15 Taxi van will pick up group
6:30-8:45 Reception and dinner at the home of Howard Erlanger
9:00 Return to Lowell Center

Tuesday, June 16th

Guest Scholar:  Risa Goluboff, Professor of Law and History and Cadell & Chapman Research Professor at the University of Virginia School of Law.
Subject: Legal Change, Social Change, and Vagrancy Law in the United States in the long 1960s.

Goluboff: Book Proposal: People out of Place

Goluboff: "Dispatch from the Supreme Court Archives"
This essay was sent to the Hurst09 listserv on 5/18/09.

8:30 Coffee -- Lowell Center Lower Lounge
9:00-12:00 Session
12:00 Buffet Lunch in Lowell Dining Room
Free Time until 4:30
4:30 Informal Discussion Session

Lead Scholar: Barbara Welke  

Subject:  Manuscript Submission and the Editorial Process: "No One Thought Children Might Die: Owning Hazard in the Twentieth Century U. S. Consumer Economy”

Readings: (Memo and Materials will be sent to fellows via email 6/8/09.

Pizza Dinner TBA

Wednesday, June 17th

Lead Scholar:  Barbara Welke
Subject: Causation & Explanation in Legal History
Readings Part 1 (first part of morning session):

Excerpts from Hurst: Law and Economic Growth will be posted shortly

Readings Part 2: Forum: "The Promise and Perils of Family Law", Law and History Review 24:2, pp. 375-454.  (Please read Wertheimer article in full and skim the Comments and Response.)

John W. Wertheimer, "Gloria's Story: Adulterous Concubinage and the Law in Twentieth-Century Guatemala"
Comment. Katherine E. Bliss, "He Said, She Said: Gender, Reformism, and Family Conflict in Twentieth-Century Guatemala"
Comment. Pablo Piccato, "The Hidden Story - Violence and the Law in Guatemala"
Comment. M. C. Mirow, "Gloria's Story and Guatemala's Faith: Adulterous Concubinage, Law, and Religion"
Response. John W. Wertheimer, "Popular Culture, Violence, and Religion in Gloria's Story"

8:30 Coffee -- Lowell Center Lower Lounge
9:00-11:45 Session
11:45 Walk to Law School
12:00 Lunch in Lubar Commons (7200 Law)

12:30-1:00  Law and Society & Legal History
     Presentation by Stewart Macaulay, Professor of Law Emeritus.
     Hosted by Howard Erlanger, Director, Institute for Legal Studies.
1:00-1:40  Questions and Discussion
1:40-4:30 Free time. Reconvene at Lowell Center.

4:30 Informal Discussion Session: International Affairs and Legal History

Guest Scholar: Jeremi Suri, E. Gordon Fox Professor of History and Director, European Union Center of Excellence, University of Wisconsin.

Suggested Reading: “Henry Kissinger, the American Dream, and the Jewish Immigrant Experience in the Cold War,”  _Diplomatic History_ 32 (November 2008), 719-47.
Link to Kissinger article and other papers by Suri   

(No dinner arranged.)

Thursday, June 18th

Guest Scholar: Christine Desan, Professor of Law, Harvard Law School.
Subject: Money as a Matter of History: Reconsidering an Everyday Object

Desan: "Making Money: Coin, Public Credit, and the Coming of Capitalism" (Draft Introduction)

Desan: "Beyond Commodification: Contract and the Credit-Based World of Modern Capitalism"

8:30 Coffee in Lowell Center Lower Lounge
9:00-12:00 Session
12:00 Box Lunch delivered to meeting room
Free time until 2:40
2:40 Convene in lobby of Wisconsin Historical Society Library
2:45-3:45 Tour of the Wisconsin Historical Society Library
       Hosted by Rick Pifer, Head of Public Services, Library & Archives
3:45 Free time to peruse stacks / Stacks close at 4:30; Library closes at 5:00.  Reconvene for dinner.
7:00 Group dinner at Chautara Restaurant, 334 State Street. (Dinner provided; Cash bar)

Friday, June 19th

Guest Scholar: Matthew Sommer, Associate Professor of Chinese History, Stanford University.

The Work Law Does -- Law, the State, and Family Matters in the Qing Dynasty

[The following works-in-progress were distributed to participants via the Hurst09 listserv on 5/18/09l]

Sommer: "The Adjudication of Wife-Selling in Qing County Courts: 272 Cases from Ba, Nambu, and Baodi Counties."

Sommer: "Was Abortion Safe, Effective, and Readily Available in Premodern China?"  Please read the introduction (pp. 1-5) and pp. 24-43 closely, and skim the rest as time and interest allow.

8:30 Coffee -- Lowell Center Lower Lounge
9:00-12:00 Session
12:00 Box Lunch delivered to meeting room
Free time
7:00 Group Dinner at the Orpheum Theatre Restaurant.

Saturday and Sunday

Unstructured time to allow for individual research and informal discussions.

Week 2

Monday June 22nd

8:30 Coffee -- Lowell Center Lower Lounge
9:00-10:30 Fellow Presentation #1 Gautham Rao: “The Creation of the American State: Customhouses, Law, and Commerce in the Age of Revolution”
10:30 Break
10:45-12:15 Fellow Presentation #2 Joshua Stein: “The Four Publics of Criminal Justice: Blackstone, Bishop and the Jurisprudence of Violence”
12:15-1:30 Box Lunch
1:30-3:00 Fellows Presentation #3 Karen Tani: “Securing a Right to Welfare: Public Assistance Administration and the Rule of Law, 1938-1960”
3:00 Break - walk to Law School

4:00 - Lubar Commons (7200 Law)
Guest Scholar: Bonnie Shucha Head of Reference, UW Law Library
  "An Introduction to the Hurst Collection"
(no assigned readings)
5:00 Adjourn

Tuesday, June 23rd

8:30 Coffee -- Lowell Center Lower Lounge
9:00-10:30 Fellow Presentation #4 Nancy Buenger: “The Metropolis of the West: Chancery in Chicago, 1880-1905”
10:30 Break
10:45-12:15 Fellow Presentation #5 Lisa Blee: “The Possibilities and Paradoxes of Historical Justice”
12:15-1:30 Buffet Lunch in Lowell Dining Room
1:30-3:00 Fellow Presentation #6 Kelly Kennington: Selections from introduction and chapter 3 of my dissertation:  “River of Injustice: St. Louis’s Freedom Suits and the Changing Nature of Legal Slavery in Antebellum America”

3:00 Adjourn

Wednesday, June 24th

8:30 Coffee -- Lowell Center Lower Lounge
9:00-10:30 Fellow Presentation #7 Melissa Hayes: “Seducing the Court: Voyeurism and Sexual Storytelling in Illinois’ Civil Sexual Regulation Suits”
10:30 Break
10:45-12:15 Fellow Presentation #8 Kevin Arlyck: “Prosecutors and Privateers: Federal Administration and Foreign Affairs in the Early Republic”
12:15-1:30 Box Lunch
1:30-3:00 Fellow Presentation #9 Daniel LaChance:  “‘He Have His Goodness Now:’ Capital Punishment, Hierarchy, and Liberalism in the Contemporary United States”
3:00 Adjourn until 6pm - reconvene at Law School
6:00-7:00 Informal session in Lubar Commons (7200 Law)
Guest Scholar: Mitra Sharafi, Assistant Professor, UW Law School
"Legal History and Ethno-religious Minorities: A Case Study from Colonial India"
(no assigned readings)
7:15 Group Dinner at the Cabana Room, 240 West Gilman Street. (Dinner provided; Cash bar)

Thursday, June 25th

8:30 Coffee -- Lowell Center Lower Lounge
9:00-10:30 Fellow Presentation #10 Hannah Weiss Muller: “An Empire of Subjects: the Silences of Law and the Rights of Subjects, 1760-1790”
10:30 Break
10:45-12:15 Fellow Presentation #11 #11 Binyamin Blum: “Perjury and the Levant: the Corroboration Requirement in Mandate Palestine”
12:15-1:30 Box Lunch
1:30-3:00 Fellow Presentation #12 Cynthia Nicoletti: “Did Secession Really Die at Appomattox?:  The Strange Case of U.S. v. Jefferson Davis” (pp. 1-11) & “The American Civil War as a Trial by Battle” (pp. 12-25).

3:00 Adjourn

Friday, June 26th

Guest Scholars:
Lawrence M. Friedman, Marion Rice Kirkwood Professor of Law at Stanford Law School, and
Robert W. Gordon, Chancellor Kent Professor of Law and Legal History at Yale Law School; Visiting Professor, Stanford University (Spring 2009).

Friedman and Davies: "California Death Trip"  Indiana Law Journal 36:17 (2003)

Friedman: "Erewhom: The Coming Global Legal Order" Stanford Int'l Law Journal 37:347 (2001)

Gordon:"The Role of Lawyers in Producing the Rule of Law: Some Critical Reflections" Work in progress -- please do not quote or circulate.


8:30 Coffee -- Lowell Center Lower Lounge
9:00-12:00  Session
12:00-1:15 Box Lunch
1:15-3:00 Recorded Interview Session hosted by Barbara Welke
"Taking Measure of a Field: A Conversation with Lawrence Friedman and Robert Gordon"

Friday Evening: Closing Banquet at the Edgewater Hotel

666 Wisconsin Avenue (about 4 blocks from the Lowell Center)
6:15 Photo Shoot at Edgewater / Convene in Lobby
6:30 Reception in the Cove Lounge
7:30 Dinner in the Captain's Table Dining Room

Saturday, June 27th

Fellows Depart

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