The Limits of History: The English Fire Courts, Congress, and the Seventh Amendment Civil Jury Trial

Suja A. Thomas

Professor of Law, University of Illinois College of Law

Thanks to James Oldham and Robin Kar for conversations about the fire courts.

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TABLE OF CONTENTS

Jury Trials Legal History Seventh Amendment

Online

Essay

Before Bakke: The Hidden History of the Diversity Rationale

Anthony S. Chen

Anthony S. Chen is Associate Professor of Sociology and Political Science at Northwestern University, where he is also a Faculty Fellow at the Institute for Policy Research. The author of The Fifth Freedom: Jobs, Politics, and Civil Rights in the United States, 1941–1972 (Princeton, 2009), he is interested in political sociology, historical sociology, and American political development, with a special emphasis on civil rights, social and economic policy, and business-government relations.

Lisa M. Stulberg

Lisa M. Stulberg is Associate Professor of Sociology of Education at New York University’s Steinhardt School of Culture, Education, and Human Development. The author of Race, Schools, and Hope: African Americans and School Choice after Brown (Teachers College Press, 2008) and the co-editor (with Sharon Lawner Weinberg) of Diversity in American Higher Education: Toward a More Comprehensive Approach (Routledge, 2011), she researches the politics of race and education, and LGBTQ+ social change.

Chen and Stulberg are completing a book on the history and development of race-conscious affirmative action in college admissions.

For all of the legal and political contention surrounding affirmative action, one facet of the discussion is characterized by a curious, if implicit, consensus that spans all manner of ideological and partisan divisions.

Diversity Legal History

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Essay

John Marshall’s Proslavery Jurisprudence: Racism, Property, and the “Great” Chief Justice

Paul Finkelman

President and Professor of History, Gratz College. B.A., Syracuse, 1971; M.A. and Ph.D., The University of Chicago, 1972, 1976. Fellow in Law and Humanities, Harvard Law School, 1982–83. President William McKinley Emeritus Professor of Law, Albany Law School.

I thank Candace Jackson Gray for her help in researching census and tax records connected to Chief Justice Marshall’s slaveholding, and Charles F. Hobson, Tim Huebner, Alysa Landry, and R. Kent Newmyer for their many comments on early versions of this piece. I thank Harvard University Press for allowing me to reprint material in this essay that comes from my book, Supreme Injustice: Slavery in the Nation’s Highest Court (Harvard 2018).

This is the second Essay in a two-part series exploring Chief Justice John Marshall’s private and public relationship to slavery.

John Marshall Legal History Slavery

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Essay

Master John Marshall and the Problem of Slavery

Paul Finkelman

President and Professor of History, Gratz College. B.A., Syracuse, 1971; M.A. and Ph.D., University of Chicago, 1972, 1976. Fellow in Law and Humanities, Harvard Law School, 1982–83. President William McKinley Emeritus Professor of Law, Albany Law School.

I thank Candace Jackson Gray for her help in researching census and tax records connected to Marshall’s slaveholding, and Charles F. Hobson, Tim Huebner, Alysa Landry, and R. Kent Newmyer for their many comments on early versions of this piece.

This is the first of two Essays exploring Chief Justice John Marshall’s private and public relationship to slavery.

John Marshall Legal History Slavery