The Law of Commerce and Trade

2019 ◽  
pp. 241-262
Author(s):  
Lawrence M. Friedman
Keyword(s):  
United States ◽  
Nineteenth Century ◽  
The United States ◽  
Marine Insurance ◽  
Commercial Law ◽  
History Of ◽  
Commercial Paper ◽  
International Body ◽  
The Law ◽  
Law Merchant

This chapter discusses the history of American commercial law covering the admiralty and general commerce, sale of goods, bankruptcy and insolvency, and contract. American commercial law was deeply and persistently in debt to England. Theoretically, even national sovereignty was no barrier. The laws of admiralty, marine insurance, commercial paper, and sale of goods were not, supposedly, parochial law, English law; they were part of an international body of rules. The law of sales of goods developed greatly in the first half of the nineteenth century. Many, if not most, of the leading cases were English and were adopted in the United States fairly rapidly. Two strains of law—contract and the law merchant—each with a somewhat different emphasis, were more or less godparents of the law of sales.

Inventing American Exceptionalism

2017 ◽  
Author(s):  
Amalia D. Kessler
Keyword(s):  
United States ◽  
Nineteenth Century ◽  
Civil War ◽  
White Supremacy ◽  
American Exceptionalism ◽  
Legal Culture ◽  
The United States ◽  
Access To Justice ◽  
History Of ◽  
The Law

It is widely accepted that American procedure—and indeed American legal culture as a whole—are adversarial (and distinctively so). Yet, precisely because this assumption is so deep-rooted, we have no history of how American adversarialism arose. This book provides such a history. It shows that the United States long employed not only lawyer-empowering adversarial procedure, but also various forms of more judge-dependent, quasi-inquisitorial procedure—including the equity tradition borrowed from England and, to a lesser extent, conciliation courts transplanted from continental Europe. However, the United States largely abandoned quasi-inquisitorial procedure by the close of the Civil War and Reconstruction, committing itself to lawyer-driven adversarialism. In explaining this turn to the adversarial, the book looks to developments both internal and external to the law. Among the key internalist factors on which the book focuses are the rise of the previously unknown category of “procedure”, as well as a set of seemingly small changes in the approach to taking testimony before equity-court officials known as masters in chancery, which ended up having unintended systemic consequences. So, too, from a more externalist perspective, the book traces how advocacy of adversarialism became intimately linked with demands for a largely unregulated market and the preservation of white supremacy. The product of deep-rooted inheritances, as well as more immediate and contingent occurrences, the nineteenth-century embrace of adversarsarialism would prove deeply consequential, shaping Americans’ experience of the law down to the present, often in ways that constrain rather than expand access to justice.

An Overview of the History of Religious Life in the United States

2018 ◽  
Author(s):  
Patricia Wittberg ◽  
Thomas P. Gaunt
Keyword(s):  
United States ◽  
Nineteenth Century ◽  
Religious Life ◽  
The United States ◽  
Religious Order ◽  
Religious Institutes ◽  
History Of ◽  
Socioeconomic Composition

This chapter briefly describes the history of religious institutes in the United States. It first covers the demographics—the overall numbers and the ethnic and socioeconomic composition—of the various institutes during the nineteenth century. It next discusses the types of ministries the sisters, brothers, and religious order priests engaged in, and the sources of vocations to their institutes. The second section covers changes in religious institutes after 1950, covering the factors which contributed to the changes as well as their impact on the institutes themselves and the larger Church. The chapter concludes with a brief overview of the subsequent chapters.

History of Research in Developmental Psychology

2013 ◽  
pp. 12-34
Author(s):  
W. Andrew Collins ◽  
Willard W. Hartup
Keyword(s):  
United States ◽  
Nineteenth Century ◽  
Public Policy ◽  
Experimental Psychology ◽  
Developmental Psychology ◽  
The United States ◽  
Psychological Development ◽  
First Century ◽  
History Of Research ◽  
History Of

This chapter summarizes the emergence and prominent features of a science of psychological development. Pioneering researchers established laboratories in Europe in the mid-nineteenth century to examine the significance of successive changes in the organism with the passage of time. American psychologists, many of whom had studied in the European laboratories, subsequently inaugurated similar efforts in the United States. Scientific theories and methods in the fledgling field were fostered by developments in experimental psychology, but also in physiology, embryology, ethology, and sociology. Moreover, organized efforts to provide information about development to parents, educators, and public policy specialists further propagated support for developmental science. The evolution of the field in its first century has provided a substantial platform for future developmental research.

Introduction

2017 ◽  
Author(s):  
Louis A. Pérez
Keyword(s):  
United States ◽  
Nineteenth Century ◽  
The United States ◽  
National Liberation ◽  
Historical Knowledge ◽  
Historical Literature ◽  
History Of

The character of the history of Cuba was fixed early in the nineteenth century, at the about moment that Cubans imagined the need for a proper history of their own. From that time forward, historical knowledge of Cuba has hewed to a well-defined narrative arc, one shaped discursively around the formation of nation, something of a chronicle of national liberation given principally to the celebration of collective resolve and commemoration of individual valor. Much of the historical literature has been given to the heroic, an account of a people to whom is ascribed indomitable will confronting adversaries possessed of unyielding determination, from which are derived two principal narrative subsets of struggle: against colonialism (Spain) and against imperialism (the United States)....

Introduction

2017 ◽  
Author(s):  
Andrew Denson
Keyword(s):  
United States ◽  
Nineteenth Century ◽  
Supreme Court ◽  
The United States ◽  
National Government ◽  
National Council ◽  
Cherokee Nation ◽  
The West ◽  
Historic Site ◽  
History Of

This book began with tourism. In the summer of 1994, a friend and I drove from Bloomington, Indiana, where I attended graduate school, to Florida for a short vacation. As we sped along Interstate 75 through northern Georgia, I spotted a brown roadside sign announcing that, at the next exit, we would find New Echota, a state historic site interpreting the history of the Cherokee Nation. For a brief time in the early nineteenth century, New Echota was the Cherokee capital, the seat of the national government created by tribal leaders in the 1820s. The Cherokee National Council met at New Echota in the years prior to removal, and it was the site of the Cherokee Supreme Court. During a time when the United States and the state of Georgia pressured Cherokees to emigrate to the West, the new capital represented the Cherokees’ determination to remain in their homeland. It was also the place where, in late 1835, a small group of tribal leaders signed the treaty under which the United States forced the Cherokee Nation to remove. I had recently become interested in the history of Cherokee sovereignty and nationhood, and I concluded that I should prob ably know about this heritage attraction. We pulled off the highway and followed the signs to the site....

A (Very Selective) Early History of Ballet in America

Ballet Class ◽  
2020 ◽  
pp. 3-24
Author(s):  
Melissa R. Klapper
Keyword(s):  
United States ◽  
Nineteenth Century ◽  
Young People ◽  
World War I ◽  
The United States ◽  
Early History ◽  
World War ◽  
Ballet Dancers ◽  
Metropolitan Opera ◽  
History Of

Ballet developed slowly in the United States and depended on European dancers and teachers at first, but by mid-nineteenth century a few American-trained ballet dancers were beginning to make their mark. The opening of the Metropolitan Opera Ballet School in 1909 and the tours of Anna Pavlova contributed greatly to popularizing ballet and inspiring young people to begin taking ballet class before World War I. Expansion continued from the 1920s through the 1940s with the founding of the School of American Ballet and the performances of the various Ballet Russe companies in every corner of the country. The Littlefield sisters and Christensen brothers helped make ballet American by establishing important homegrown ballet companies with primarily American dancers. The regional ballet movement fostered further growth. All these developments in professional ballet encouraged ever-increasing numbers of Americans not only to enjoy performances but also to take ballet class themselves.

scholarly journals The Secret Life of Statutes: A Century of the Trading with the Enemy Act

2018 ◽  
Vol 1 (2) ◽  
pp. 151-172 ◽  
Author(s):  
Benjamin A. Coates
Keyword(s):  
United States ◽  
Twentieth Century ◽  
Economic Sanctions ◽  
The United States ◽  
War And Peace ◽  
American Power ◽  
History Of ◽  
The Law ◽  
National Emergency ◽  
American State

In 1917 Congress passed the Trading with the Enemy Act to prevent trade with Germany and the Central Powers. It was a wartime law designed for wartime conditions but one that, over the course of the following century, took on a secret, surprising life of its own. Eventually it became the basis for a project of worldwide economic sanctions applied by the United States at the discretion of the president during times of both war and peace. This article traces the history of the law in order to explore how the expansion of American power in the twentieth century required a transformation of the American state and the extensive use of executive powers justified by repeated declarations of national emergency.

History of Testing in the United States: PK–12 Education

2019 ◽  
Vol 683 (1) ◽  
pp. 22-37 ◽  
Author(s):  
Maris A. Vinovskis
Keyword(s):  
United States ◽  
Nineteenth Century ◽  
No Child Left Behind ◽  
Federal Government ◽  
The United States ◽  
Late Nineteenth Century ◽  
National Education ◽  
The Past ◽  
History Of ◽  
K 12

This article provides a brief history of K–12 education testing in the United States from colonial America to the present. In early America, students were examined orally. After the mid-nineteenth century, written tests replaced oral presentations. In the late nineteenth century, graded schools gradually replaced the single-teacher, one-room schools. In the beginning of the twentieth century, standardized intelligence tests were increasingly used to categorize and promote students. State departments of education have played a larger role in local school funding and policies in the past hundred years. Since the 1960s, the federal government has expanded its involvement in national education while also promoting the role of states. During the past three decades, the federal government and states increased the use of high-stakes national testing with initiatives such as America 2000, Goals 2000, No Child Left Behind, and Every Student Succeeds.

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