In Signposts, Sally E. Hadden and Patricia Hagler Minter have assembled seventeen essays, by both established and rising scholars, that showcase new directions in southern legal history across a wide range of topics, time periods, and locales. The essays will inspire today's scholars to dig even more deeply into the southern legal heritage, in much the same way that David Bodenhamer and James Ely's seminal 1984 work, Ambivalent Legacy, inspired an earlier generation to take up the study of southern legal history. Contributors to Signposts explore a wide range of subjects related to southern constitutional and legal thought, including real and personal property, civil rights, higher education, gender, secession, reapportionment, prohibition, lynching, legal institutions such as the grand jury, and conflicts between bench and bar. A number of the essayists are concerned with transatlantic connections to southern law and with marginalized groups such as women and native peoples. Taken together, the essays in Signposts show us that understanding how law changes over time is essential to understanding the history of the South. Contributors: Alfred L. Brophy, Lisa Lindquist Dorr, Laura F. Edwards, James W. Ely Jr., Tim Alan Garrison, Sally E. Hadden, Roman J. Hoyos, Thomas N. Ingersoll, Jessica K. Lowe, Patricia Hagler Minter, Cynthia Nicoletti, Susan Richbourg Parker, Christopher W. Schmidt, Jennifer M. Spear, Christopher R. Waldrep, Peter Wallenstein, Charles L. Zelden.

In this book, prominent historians of slavery and legal scholars analyze the intricate relationship between slavery, race, and the law from the earliest Black Codes in colonial America to the passage of the Fugitive Slave Law and the Dred Scott decision prior to the Civil War. Slavery & the Law's wide-ranging essays focus on comparative slave law, auctioneering practices, rules of evidence, and property rights, as well as issues of criminality, punishment, and constitutional law.

In the late 1800s, Southern evangelicals believed contemporary troubles—everything from poverty to political corruption to violence between African Americans and whites—sprang from the bottles of "demon rum" regularly consumed in the South. Though temperance quickly gained support in the antebellum North, Southerners cast a skeptical eye on the movement, because of its ties with antislavery efforts. Postwar evangelicals quickly realized they had to make temperance appealing to the South by transforming the Yankee moral reform movement into something compatible with southern values and culture. In Liquor in the Land of the Lost Cause: Southern White Evangelicals and the Prohibition Movement, Joe L. Coker examines the tactics and results of temperance reformers between 1880 and 1915. Though their denominations traditionally forbade the preaching of politics from the pulpit, an outgrowth of evangelical fervor led ministers and their congregations to sound the call for prohibition. Determined to save the South from the evils of alcohol, they played on southern cultural attitudes about politics, race, women, and honor to communicate their message. The evangelicals were successful in their approach, negotiating such political obstacles as public disapproval the church's role in politics and vehement opposition to prohibition voiced by Jefferson Davis. The evangelical community successfully convinced the public that cheap liquor in the hands of African American "beasts" and drunkard husbands posed a serious threat to white women. Eventually, the code of honor that depended upon alcohol-centered hospitality and camaraderie was redefined to favor those who lived as Christians and supported the prohibition movement. Liquor in the Land of the Lost Cause is the first comprehensive survey of temperance in the South. By tailoring the prohibition message to the unique context of the American South, southern evangelicals transformed the region into a hotbed of temperance activity, leading the national prohibition movement.

Starting in Louisiana in the early nineteenth century, this book takes the reader on a journey through the USA and the development of their civil codes. From Georgia and New York, civil codes traveled to California and Dakota Territory; in the Great Plains, they made their way to Montana, North Dakota, and South Dakota by the end of the century. Unveiling the history of nineteenth-century civil codes in the USA, this book examines their origin stories, circulation, and usage by focusing on the social-historical context of their drafting and legal concepts. “Rocheton's work, published four decades after Cook's book on ‘The American Codification Movement,’ contains an exhaustive and insightful analysis of nineteenth-century civil codes. It thoroughly discusses their context, how they were conceived, discussed, drafted and approved, their main foreign influences and content, and their practical operation." - Aniceto Masferrer, University of Valencia “While there is a vast corpus of literature on codification and, more specifically, civil codes in the civil law tradition, it is much less known that six US states codified their private laws during the 19th century. This book tells the fascinating story. Spoiler alert: it’s a family affair.” - Stefan Vogenauer, Max Planck Institute for Legal History and Legal Theory

As early as 1947, Black parents in rural South Carolina began seeking equal educational opportunities for their children. After two unsuccessful lawsuits, these families directly challenged legally mandated segregation in public schools with a third lawsuit in 1950, which was eventually decided in Brown v. Board of Education. Amidst the Black parents’ resistance, Elizabeth Avery Waring, a twice-divorced northern socialite, and her third husband, federal judge J. Waties Waring, launched a rhetorical campaign condemning white supremacy and segregation. In a series of speeches, the Warings exposed the incongruity between American democratic ideals and the reality for Black Americans in the Jim Crow South. They urged audiences to pressure elected representatives to force southern states to end legal segregation. Wanda Little Fenimore employs innovative research methods to recover the Warings’ speeches that said the unsayable about white supremacy. When the couple poked at the contradiction between segregation and “all men are created equal,” white supremacists pushed back. As a result, the couple received both damning and congratulatory letters that reveal the terms upon which segregation was defended and the reasons those who opposed white supremacy remained silent. Using rich archival materials, Fenimore crafts an engaging narrative that illustrates the rhetorical context from which Brown v. Board of Education arose and dispels the notion that the decision was inevitable. The first full-length account of the Warings’ rhetoric, this multilayered story of social progress traces the symbolic battle that provided a locus for change in the landmark Supreme Court decision.

James L. Robertson focuses on folk encountering their constitutions and laws, in their courthouses and country stores, and in their daily lives, animating otherwise dry and inaccessible parchments. Robertson begins at statehood and continues through war and depression, well into the 1940s. He tells of slaves petitioning for freedom, populist sentiments fueling abnegation of the rule of law, the state’s many schemes for enticing Yankee capital to lift a people from poverty, and its sometimes tragic, always colorful romance with whiskey after the demise of national Prohibition. Each story is sprinkled with fascinating but heretofore unearthed facts and circumstances. Robertson delves into the prejudices and practices of the times, local landscapes, and daily life and its dependence on our social compact. He offers the unique perspective of a judge, lawyer, scholar, and history buff, each role having tempered the lessons of the others. He focuses on a people, enriching encounters most know little about. Tales of understanding and humanity covering 130 years of heroes, rascals, and ordinary folk—with a bundle of engaging surprises—leave the reader pretty sure there’s nothing quite like Mississippi history told by a sage observer.

It is remarkable that the most serious intervention by the federal government to protect the rights of its new African American citizens during Reconstruction (and well beyond) has not, until now, received systematic scholarly study. In The Great South Carolina Ku Klux Klan Trials, Lou Falkner Williams presents a comprehensive account of the events following the Klan uprising in the South Carolina piedmont in the Reconstruction era. It is a gripping story--one that helps us better understand the limits of constitutional change in post-Civil War America and the failure of Reconstruction. The South Carolina Klan trials represent the culmination of the federal government's most substantial effort during Reconstruction to stop white violence and provide personal security for African Americans. Federal interventions, suspension of habeas corpus in nine counties, widespread undercover investigations, and highly publicized trials resulting in the conviction of several Klansmen are all detailed in Williams's study. When the trials began, the Supreme Court had yet to interpret the Fourteenth Amendment and the Enforcement Acts. Thus the fourth federal circuit court became a forum for constitutional experimentation as the prosecution and defense squared off to present their opposing views. The fate of the individual Klansmen was almost incidental to the larger constitutional issues in these celebrated trials. It was the federal judge's devotion to state-centered federalism--not a lack of concern for the Klan's victims--that kept them from embracing constitutional doctrine that would have fundamentally altered the nature of the Union. Placing the Klan trials in the context of postemancipation race relations, Williams shows that the Klan's campaign of terror in the upcountry reflected white determination to preserve prewar racial and social standards. Her analysis of Klan violence against women breaks new ground, revealing that white women were attacked to preserve traditional southern sexual mores, while crimes against black women were designed primarily to demonstrate white male supremacy. Well-written, cogently argued, and clearly presented, this comprehensive account of the Klan uprising in the South Carolina piedmont in the late 1860s and early 1870s makes a significant contribution to the history of Reconstruction and race relations in the United States.

In late summer 1923, legal hangings in Texas came to an end, and the electric chair replaced the gallows. Of 520 convicted capital offenders sentenced to die between 1923 and 1972, 361 were actually executed, thus maintaining Texas’ traditional reputation as a staunch supporter of capital punishment. This book is the single most comprehensive examination to date of capital punishment in any one state, drawing on data for legal executions from 1819 to 1990. The authors show persuasively how slavery and the racially biased practice of lynching in Texas led to the institutionalization and public approval of executions skewed according to race, class, and gender, and they also track long-term changes in public opinion up to the present. The stories of the condemned are masterfully interwoven with fact and interpretation to provide compelling reading for scholars of law, criminal justice, race relations, history, and sociology, as well as partisans on both sides of the debate.

“Important . . . [a] landmark presidential biography . . . Bird is able to build a persuasive case that the Carter presidency deserves this new look.”—The New York Times Book Review An essential re-evaluation of the complex triumphs and tragedies of Jimmy Carter’s presidential legacy—from the expert biographer and Pulitzer Prize–winning co-author of American Prometheus Four decades after Ronald Reagan’s landslide win in 1980, Jimmy Carter’s one-term presidency is often labeled a failure; indeed, many Americans view Carter as the only ex-president to have used the White House as a stepping-stone to greater achievements. But in retrospect the Carter political odyssey is a rich and human story, marked by both formidable accomplishments and painful political adversity. In this deeply researched, brilliantly written account, Pulitzer Prize–winning biographer Kai Bird deftly unfolds the Carter saga as a tragic tipping point in American history. As president, Carter was not merely an outsider; he was an outlier. He was the only president in a century to grow up in the heart of the Deep South, and his born-again Christianity made him the most openly religious president in memory. This outlier brought to the White House a rare mix of humility, candor, and unnerving self-confidence that neither Washington nor America was ready to embrace. Decades before today’s public reckoning with the vast gulf between America’s ethos and its actions, Carter looked out on a nation torn by race and demoralized by Watergate and Vietnam and prescribed a radical self-examination from which voters recoiled. The cost of his unshakable belief in doing the right thing would be losing his re-election bid—and witnessing the ascendance of Reagan. In these remarkable pages, Bird traces the arc of Carter’s administration, from his aggressive domestic agenda to his controversial foreign policy record, taking readers inside the Oval Office and through Carter’s battles with both a political establishment and a Washington press corps that proved as adversarial as any foreign power. Bird shows how issues still hotly debated today—from national health care to growing inequality and racism to the Israeli-Palestinian conflict—burned at the heart of Carter’s America, and consumed a president who found a moral duty in solving them. Drawing on interviews with Carter and members of his administration and recently declassified documents, Bird delivers a profound, clear-eyed evaluation of a leader whose legacy has been deeply misunderstood. The Outlier is the definitive account of an enigmatic presidency—both as it really happened and as it is remembered in the American consciousness.