| Contents | Law and History Review, 23.1

Vol. 23, No. 1

Spring 2005


Editorial Staff

In This Issue	vii

Articles

Unmanageable Risks: MacPherson v. Buick and the Emergence of a Mass Consumer Market
Sally H. Clarke	1

Travelers, Strangers, and Jim Crow: Law, Public Accommodations, and Civil Rights in America
A. K. Sandoval-Strausz	53

Why Terra Nullius? Anthropology and Property Law in Early Australia
Stuart Banner	95

Forum. Presuming Guilt in English Law, 1750–1850: Variation or Theme?

The Presumption of Guilt and the English Law of Theft, 1750–1850
Bruce P. Smith	133

Comment

Summary Conviction and the Development of the Penal Law
Norma Landau	173

Response

Did the Presumption of Innocence Exist in Summary Proceedings?
Bruce P. Smith	191

Book Reviews

Separation of Church and State—Philip Hamburger
reviewed by reviewed by William Hutchison	201

The Fee Tail and the Common Recovery in Medieval England, 1176–1502—Joseph Biancalana
reviewed by reviewed by Joshua C. Tate	205

Documentary Culture and the Making of Medieval English Literature—Emily Steiner
reviewed by reviewed by M. T. Clanchy	206

The Private Trustee in Victorian England—Chantal Stebbings
reviewed by reviewed by Michael Lobban	208

Captives and Cousins: Slavery, Kinship, and Community in the Southwest Borderlands—James F. Brooks
reviewed by reviewed by Robert Francis Castro	210

The Great New York Conspiracy of 1741: Slavery, Crime, and Colonial Law—Peter Charles Hoffer
reviewed by reviewed by Winthrop D. Jordan	212

The Cloaking of Power: Montesquieu, Blackstone, and the Rise of Judicial Activism—Paul O. Carrese
reviewed by reviewed by Stephen A. Siegel	213

Joseph Henry Lumpkin: Georgia's First Chief Justice—Paul DeForest Hicks
reviewed by reviewed by James L. Hunt	215

Homesteads Ungovernable: Families, Sex, Race, and the Law in Frontier Texas, 1823–1860—Mark M. Carroll
reviewed by reviewed by Pablo Mitchell	217

Becoming Free, Remaining Free: Manumission and Enslavement in New Orleans, 1846–1862— Judith Kelleher Schafer
reviewed by reviewed by Bernie D. Jones	219

"Whores and Thieves of the Worst Kind": A Study of Women, Crime, and Prisons, 1835–2000— L. Mara Dodge
reviewed by reviewed by Dawn Rae Flood	220

The Reconstruction of American Liberalism, 1865–1914—Nancy Cohen
reviewed by reviewed by Michael S. Green	222

Interracial Intimacy: The Regulation of Race and Romance—Rachel Moran
reviewed by reviewed by Joshua D. Rothman	226

Dividing Lines: The Politics of Immigration Control in America—Daniel J. Tichenor
reviewed by reviewed by Kunal M. Parker	226

Emblems of Pluralism: Cultural Differences and the State—Carol Weisbrod
reviewed by reviewed by Milner S. Ball	228

Correspondence	231

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