University of Wisconsin–Madison

2007 Hurst Summer Institute in Legal History

Links to Readings for the first three days.

Mon. June 11th

Guest Scholar: Barbara Y. Welke
Topic: Introduction and Overview: Doing Legal History

Hendrik Hartog, "Pigs and Positivism," Wisconsin Law Review (1985);

Barbara Y. Welke, "When All the Women Were White and All the Blacks Were Men: Gender, Class, Race and the Road to Plessy, 1855-1914," 13 Law and History Review (1995): 261-316;

Risa L. Goluboff, "The Thirteenth Amendment and the Lost Origins of Civil Rights," 50 Duke Law Journal (2001) 1609-1686.

Tues. June 12th

Guest Scholars: Lawrence M. Friedman and Robert W. Gordon
Topic: Causation and Explanation in Legal History

Lawrence M. Friedman, "A Dead Language: Divorce Law and Practice Before No-Fault," 86 Virginia Law Review 1497 (Oct. 2000);

Friedman, "Name-Robbers: Privacy, Blackmail, and Assorted Matters in Legal History," 30 Hofstra L. Rev. 1093-1132 (2002);

Friedman, "Coming of Age: Law and Society Enters an Exclusive Club," Annual Reviews in Social Science, 1-16 (vol. 1, 2005);

Sally H. Clarke, "Unmanageable Risks: MacPherson v. Buick and the Emergence of a Mass Consumer Market," 23 Law and History Review (Spring 2005): 1-52.

Wed. June 13th

Guest Scholars: Lawrence Friedman and Robert W. Gordon
Willard Hurst and his Legal History

Mary Frances Berry, "New Directions for the Children of Hurst"  18 Law and History Review 177 (Spring 2000).

Robert W. Gordon, "Hurst Recaptured"  18 Law and History Review 167 (Spring 2000).

William J. Novak, "Law, Capitalism and the Liberal State: The Historical Sociology of James Willard Hurst" 18 Law and History Review 97 (Spring 2000).

Barbara Y. Welke, "Willard Hurst and the Archipelago of American Legal Historiography" 18 Law and History Review 197 (Spring 2000).

(No link - you will receive a copy of this book upon arrival):  James Willard Hurst, Law and the Conditions of Freedom in the Nineteenth-Century United States (University of Wisconsin Press, 1964) Chapters 1 & 2.

Lock Icon