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| Book Review | The American Historical Review, 108.1 | The History Cooperative
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February, 2003
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Book Review

Canada and the United States



Barbara Young Welke. Recasting American Liberty: Gender, Race, Law, and the Railroad Revolution, 1865–1920. (Cambridge Historical Studies in American Law and Society.) New York: Cambridge University Press. 2001. Pp. xx, 405. Cloth $65.00, paper $23.00.

Barbara Young Welke's book stands at the intersection of two important trends in the history of American law. Her inquiry into the law of accidents follows a trajectory carved out by Randolph Bergstrom in Courting Danger: Injury and Law in New York, 1870–1910 (1997), Arthur McEvoy in "The Triangle Shirtwaist Factory Fire of 1911," Law and Social Inquiry (1993), and others who have examined changes in the way claims of injury were made and redressed by the courts. In this respect, Welke's study most resembles McEvoy's, since both emphasize the importance of cases involving injuries to women. But Welke's study of over 500 trial and appellate cases involving injuries suffered on street cars and railroad trains goes well beyond the scope of McEvoy's study of a single case. It also adds nuance to those earlier works by considering how gendered notions of male as well as female behavior influenced verdicts, and by viewing gender through filters of race and class. . . .


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