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Summer, 2005
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Contents

Vol. 23, No. 2

Summer 2005



Editorial Staff  

In This Issue vii


Articles

Record-Keeping and Other Troublemaking: Thomas Lechford and Law Reform in Colonial Massachusetts
Angela Fernandez 235

"This Death Some Strong and Stout Hearted Man Doth Choose": The Practice of Peine Forte et Dure in Seventeenth- and Eighteenth-Century England
Andrea McKenzie 279

"Restless Movements Characteristic of Childhood": The Legal Construction of Child Labor in Nineteenth-Century Massachusetts
James D. Schmidt 315

Between Dependency and Liberty: The Conundrum of Children's Rights in the Gilded Age
David S. Tanenhaus 351


Forum. "Overtaken by a Great Calamity": Disaster Relief and the Origins of the American Welfare State

The Sympathetic State
Michele Landis Dauber 387

Comment

Disaster Relief, "Do Anything" Spending Powers, and the New Deal
Howard Gillman 443

Response

Judicial Review and the Power of the Purse
Michele Landis Dauber 451


Book Reviews

The Limits of History—Constantin Fasolt
reviewed by James Q. Whitman 459

To Kill and Take Possession: Law, Morality, and Society in Biblical Stories—Daniel Friedmann
reviewed by Andrew C. Spiropoulos 460

Anne Orthwood's Bastard: Sex and Law in Early Virginia—John Ruston Pagan
reviewed by Terri L. Snyder 462

Brabbling Women: Disorderly Speech and the Law in Early Virginia—Terri L. Snyder
reviewed by Sandra M. Gustafson 464

The Hanging of Ephraim Wheeler: A Story of Rape, Incest, and Justice in Early America—Irene Quenzler Brown and Richard D. Brown
reviewed by Katherine A. Hermes 466

To Form a More Perfect Union: A New Economic Interpretation of the United States Constitution—Robert A. McGuire
reviewed by Cathy Matson 468

Patriots, Settlers, and the Origins of American Social Policy—Laura Jensen
reviewed by Christine Desan 470

The Claims of Kinfolk: African American Property and Community in the Nineteenth-Century South—Dylan C. Penningroth
reviewed by James W. Ely, Jr. 473

The Creation of the American Common Law, 1850–1880: Technology, Politics, and the Construction of American Citizenship—Howard Schweber
reviewed by Gerald Leonard 475

Public Pensions: Gender and Civic Service in the States, 1850–1937—Susan M. Sterett
reviewed by Laura S. Jensen 477

Congress, Progressive Reform, and the New American State—Robert Harrison
reviewed by Richard Bensel 479

The Rise of Judicial Management in the U.S. District Court, Southern District of Texas, 1955–2000—Steven Harmon Wilson
reviewed by Edward A. Purcell, Jr. 481

Brown v. Board of Education: Caste, Culture, and the Constitution—Robert J. Cottrol, Raymond T. Diamond, and Leland B. Ware
reviewed by L. A. Powe, Jr. 483

The Vietnam War on Trial: The My Lai Massacre and the Court-Martial of Lieutenant Calley—Michael R. Belknap
reviewed by Jonathan Lurie 485

The Jurisprudence of Emergency: Colonialism and the Rule of Law—Nasser Hussain
reviewed by Lauren Benton 487

Murdering Holiness: The Trials of Franz Creffield and George Mitchell—Jim Phillips and Rosemary Gartner
reviewed by Sara Ramshaw 488


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