“Few people realize that in the area of law, Texas began its American journey far ahead of most of the rest of the country, far more enlightened on such subjects as women’s rights and the protection of debtors.” Thus James Haley begins this highly readable account of the Texas Supreme Court. The first book-length history of the Court published since 1917, it tells the story of the Texas Supreme Court from its origins in the Republic of Texas to the political and philosophical upheavals of the mid-1980s. Using a lively narrative style rather than a legalistic approach, Haley describes the twists and turns of an evolving judiciary both empowered and constrained by its dual ties to Spanish civil law and English common law. He focuses on the personalities and judicial philosophies of those who served on the Supreme Court, as well as on the interplay between the Court’s rulings and the state’s unique history in such areas as slavery, women’s rights, land and water rights, the rise of the railroad and oil and gas industries, Prohibition, civil rights, and consumer protection. The book is illustrated with more than fifty historical photos, many from the nineteenth and early twentieth centuries. It concludes with a detailed chronology of milestones in the Supreme Court’s history and a list, with appointment and election dates, of the more than 150 justices who have served on the Court since 1836.
The expansion of the British state was neither automatic nor accidental. Rather, it was the outcome of recurring battles over the proper boundaries of the state and its role in economy and society. The Politics of State Expansion focuses on the interests arrayed on either side of this struggle; providing a new and critical perspective on the growth of the `Keynsian welfare state' and on the more recent retreat from Keynes and from collective provision.
The second of four volumes comprising a biographical dictionary of state house speakers from 1911 to 1994, this book covers speakers from Illinois, Indiana, Iowa, Kansas, Michigan, Minnesota, Missouri, Nebraska, North Dakota, Ohio, South Dakota, and Wisconsin. Entries provide basic biographical and career information on more than 1,400 speakers. The book opens with an analytical introduction and includes useful statistical appendixes. The four volumes, covering state speakers in the West, Midwest, Northeast, and South, are designed to complement Charles R. Ritter's and Jon L. Wakelyn's book American Legislative Leaders, 1850-1910 (1989).
(From the Preface) “The author has attempted to show how the original five counties in 1812 were divided and sub-divided until, by 1862, 114 counties had emerged. Reynolds County at one time, at least in part, has been a portion of seven counties; Ste. Genevieve, Cape Girardeau, Washington, Wayne, Madison, Ripley, and Shannon.”
The Civil War hardly scratched the Confederate state of Texas. Thousands of Texans died on battlefields hundreds of miles to the east, of course, but the war did not destroy Texas's farms or plantations or her few miles of railroads. Although unchallenged from without, Confederate Texans faced challenges from within—from fellow Texans who opposed their cause. Dissension sprang from a multitude of seeds. It emerged from prewar political and ethnic differences; it surfaced after wartime hardships and potential danger wore down the resistance of less-than-enthusiastic rebels; it flourished, as some reaped huge profits from the bizarre war economy of Texas. Texas Divided is neither the history of the Civil War in Texas, nor of secession or Reconstruction. Rather, it is the history of men dealing with the sometimes fragmented southern society in which they lived—some fighting to change it, others to preserve it—and an examination of the lines that divided Texas and Texans during the sectional conflict of the nineteenth century.
On July 27,2000 the House of Lords delivered a decision where, for the first time in English law, it explicitly recognised that damages for civil wrongs can be assessed by reference to a defendant (wrongdoer)'s gain rather than a claimant's loss. The circumstances in which such gain-based damages might be available were left for development incrementally. This book considers the nature of gain-based damages and explains when they have historically been available and why, and provides a framework for appreciating the operation of such damages awards. The first part of the book justifies the existence of these damages, which focus upon a defendant wrongdoer's gain made as a result of a civil wrong, explaining the nature and need for such a remedy and the scope of civil wrongs. The core thesis of the book is that two different forms of such gain-based damages exist: the first is concerned with restitution of a defendant's gains wrongfully transferred from a claimant; the second is concerned only with stripping profits from the defendant's hands. Once these two gain-based damages awards are separated they can be shown to be based upon different rationales and the basis for their availability can be easily understood. The second part of the book considers and applies this approach, demonstrating its operation throughout the cases of civil wrongs. The operation of the two forms of gain-based damages is demonstrated in cases in the area of tort (chapter 4), contract (chapter 5), equitable wrongs (chapter 6) and intellectual property wrongs (chapter 7). It is shown that these gain-based damages awards have long been available in these areas and their operation has conformed to clear principle. The difficulty that has obscured the principle is the nomenclature which has hidden the true gain-based nature of many of these damages awards.
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