Teaching Legal History

An invaluable and fascinating resource, this carefully edited anthology presents recent writings by leading legal historians, many commissioned for this book, along with a wealth of related primary sources by John Adams, James Barr Ames, Thomas Jefferson, Christopher C. Langdell, Karl N. Llewellyn, Roscoe Pound, Tapping Reeve, Theodore Roosevelt, Joseph Story, John Henry Wigmore and other distinguished contributors to American law. It is divided into nine sections: Teaching Books and Methods in the Lecture Hall, Examinations and Evaluations, Skills Courses, Students, Faculty, Scholarship, Deans and Administration, Accreditation and Association, and Technology and the Future. Contributors to this volume include Morris Cohen, Daniel R. Coquillette, Michael Hoeflich, John H. Langbein, William P. LaPiana and Fred R. Shapiro. Steve Sheppard is the William Enfield Professor of Law, University of Arkansas School of Law.

As the leading legal historian of his generation in Canada and professor at McGill University for thirty-five years, Blaine Baker (1952–2018) was known for his unique personality, teaching style, intellectual cosmopolitanism, and deep commitment to the place of Canadian legal history in the curriculum of law faculties. Law, Life, and the Teaching of Legal History examines important themes in Canadian legal history through the prism of Baker’s career. Essays discuss Baker’s own research, his influence within McGill’s law faculty, his complex personality, and the relationship between the private and the public in the life of a university intellectual at the turn of the twenty-first century. Inspired by topics Baker took up in his own writing, contributors use Baker’s broad interests in legal culture to reflect on fundamental themes across Canadian legal history, including legal education, gender and race, technology, nation building and national identity, criminal law and marginalized populations, and constitutionalism. Law, Life, and the Teaching of Legal History offers a contemporary analysis of Canadian legal history and thoughtfully engages with what it means to honour one individual’s enduring legacy in the study of law.

Provocative, audacious and challenging, this book rejuvenates not only the historical study of law but also the role of Law Schools by asking which stories we tell and which stories we forget. It argues that a historical approach to law should be at the beating heart of the Law School curriculum. Far from being archaic, elitist and dull, historical perspectives on law are and should be subversive. Comparison with the past underscores: how the law and legal institutions are not fixed but are constructed; that every line drawn in the law and everything the law holds as sacred is actually arbitrary; and how the environment into which law students are socialised is a historical construct. A subversive approach is needed to highlight, question, de-construct and re-construct the authored nature of the law, revealing that legal change on a larger scale is possible. Far from being archaic, this recasts legal history as being anarchic. Subversive Legal History is not a type of Legal History but is its defining characteristic if it is to be a central part of Law School life. It describes a legal method that should not be the preserve only of specialist legal historians but rather should be part of the toolkit of all law students, teachers and researchers. This book will be essential reading for all who work and study in Law Schools, proposing a radical new approach not only to the historical study of law but also to the content, purpose and ambition of legal education. A subversive approach can revolutionise Law Schools providing a more ambitious legal education which is grounded in the socio-legal reality, helping to ensure that today’s law students are better equipped to be the professionals and citizens of tomorrow.

As the leading legal historian of his generation in Canada and professor at McGill University for over three decades, Blaine Baker (1952–2018) was known for his unique personality, teaching style, intellectual cosmopolitanism, and deep commitment to the place of Canadian legal history in the curriculum of law faculties. Law, Life, and the Teaching of Legal History examines important themes in Canadian legal history through the prism of Baker’s career. Essays discuss Baker’s own research, his influence within McGill’s law faculty, his complex personality, and the relationship between the private and the public in the life of a university intellectual at the turn of the twenty-first century. Inspired by topics Baker took up in his own writing, contributors use Baker’s broad interests in legal culture to reflect on fundamental themes across Canadian legal history, including legal education, gender and race, technology, nation building and national identity, criminal law and marginalized populations, and constitutionalism. Law, Life, and the Teaching of Legal History offers a contemporary analysis of Canadian legal history and thoughtfully engages with what it means to honour one individual’s enduring legacy in the study of law.

Leading legal historians ruminate on their own approaches to teaching legal history in nearly a third of the American law schools. Contributions are full of inspiration, creative imagination and resourcefulness and a shared conviction of the importance of a knowledge of legal history for the future of the law teacher and the legal practitioner.

Approaching American legal history from a new perspective, this text employs cases and other legal documents to reveal the law's underlying culture. American Legal History provides a comprehensive selection of the most important documents, which integrate the history of public and private law from America's colonial origins to the present. It devotes special attention to the interaction of social and legal change, shows how legal ideas developed in tandem with specific historical events, and reveals a rich legal culture unique to America. Introductions and instructive headnotes accompany each document, tying legal developments to broader historical themes and providing a social and political context essential to an understanding of the history of law in America.This second edition is fully updated as well as expanded. The authors have revised the sections on the colonial, pre-Civil War, and immediate post-World War II periods, and have added material on the most recent developments in American constitutional and legal history. Special attention is paid to issues of death and dying, criminal justice, environmentalism, and feminist critique of the law. Offering a thorough examination of both public and private law, American Legal History is essential for students and teachers of constitutional and legal history, the judicial process, and the effects of law on society.

Collecting Yale Law Library's picture books / Michael Widener -- Reflections on an exhibition / Mark S. Weiner -- Ars Memoria in early law : looking beneath the picture / Jolande Goldberg -- Law's picture books and the history of book illustration / Erin C. Blake -- Law's picture books: The Yale Law Library collection. Symbolizing the law -- Depicting the law -- Diagramming the law -- Calculating the law -- Staging the law -- Inflicting the law -- Arguing the law -- Teaching the law -- Laughing-and crying-at the law -- Beautifying the law

The 19th century saw dramatic changes in the legal education system in the United States. Before the Civil War, lawyers learned their trade primarily through apprenticeship and self-directed study. By the end of the 19th century, the modern legal education system which was developed primarily by Dean Christopher Langdell at Harvard was in place: a bachelor's degree was required for admission to the new model law school, and a law degree was promoted as the best preparation for admission to the bar. William P. LaPiana provides an in-depth study of the intellectual history of the transformation of American legal education during this period. In the process, he offers a revisionist portrait of Langdell, the Dean of Harvard Law School from 1870 to 1900, and the earliest proponent for the modern method of legal education, as well as portraying for the first time the opposition to the changes at Harvard.