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Fall, 2008
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Contents

Vol. 26, No. 3

Fall 2008



Editorial Staff  

In This Issue vii


Articles

Part I. The Conduct of War in the Ancient World and Early Islamic History

The Laws of War in Ancient Greece
     Adriaan Lanni 469

Aliens, Ambassadors, and the Integrity of the Empire
     Clifford Ando 491

Early Islamic Legal-Historical Precedents: Prisoners of War
     Lena Salaymeh 521

Part II. Religious Thought in the Protestant Reformation and the American Civil War

Rights, Resistance, and Revolution in the Western Tradition: Early Protestant Foundations
     John Witte, Jr. 545

Sovereign Silences and the Voice of War in the American Conflict over Slavery
     David F. Holland 571

Part III. Governing Space in International Law

From International Law to Imperial Constitutions: The Problem of Quasi-Sovereignty, 1870–1900
     Lauren Benton 595

The Origins of the Concept of Belligerent Occupation
     Eyal Benvenisti 621

Taking Legal Realism Offshore: The Contributions of Joseph Walter Bingham to American Jurisprudence and to the Reform of Modern Ocean Law
     Harry N. Scheiber 649

Part IV. Law, War, and Human Rights

A New Deal for the Nuremberg Trial: The Limits of Law in Generating Human Rights Norms
     Elizabeth Borgwardt 679

Exceptionalism Again: The Bush Administration, the "Global War on Terror," and Human Rights
     Rosemary Foot 707


Book Reviews

Political Foundations of Judicial Supremacy: The Presidents, the Supreme Court, and Constitutional Leadership in U.S. History—Keith E. Whittington
     reviewed by Walter Murphy 727

History of the Supreme Court of the United States. The Birth of the Modern Constitution: The United States Supreme Court, 1941–1953—William M. Wiecek
     reviewed by Sanford Levinson 730

Dark Speech: The Performance of Law in Early Ireland—Robin Chapman Stacey
     reviewed by Lisa Bitel 732

Law, City, and King: Legal Culture, Municipal Politics, and State Formation in Early Modern Dijon—Michael P. Breen
     reviewed by Gail Bossenga 733

Bridges, Law and Power in Medieval England, 700–1400—Alan Cooper
     reviewed by Victoria D. List 735

Power over the Body, Equality in the Family: Rights and Domestic Relations in Medieval Canon Law—Charles J. Reid, Jr.
     reviewed by Kenneth Pennington 737

Law Courts and Lawyers in the City of London, 1300–1550—Penny Tucker
     reviewed by Daniel Klerman 738

Poynings' Law and the Making of Law in Ireland, 1660–1800—James Kelly
     reviewed by T. C. Barnard 740

Public Passions: The Trial of Shi Jianqiao and the Rise of Popular Sympathy in Republican China—Eugenia Lean
     reviewed by Matthew H. Sommer 741

New York Burning: Liberty, Slavery, and Conspiracy in Eighteenth-Century Manhattan—Jill Lepore
     reviewed by T. J. Davis 743

Unruly Americans and the Origins of the Constitution—Woody Holton
     reviewed by Robert G. Parkinson 745

Originalism, Federalism, and the American Constitutional Enterprise: A Historical Inquiry—Edward A. Purcell, Jr.
     reviewed by Calvin Massey 746

The Story of Cruel & Unusual—Colin Dayan
     reviewed by Elizabeth Dale 748

Rural Protest on Prince Edward Island: From British Colonization to the Escheat Movement—Rusty Bittermann
     reviewed by Thomas J. Humphrey 749

Slavery on Trial: Law, Abolitionism, and Print Culture—Jeannine Marie DeLombard
     reviewed by Sarah Nelson Roth 751

An Honest Calling: The Law Practice of Abraham Lincoln—Mark E. Steiner
     reviewed by Polly J. Price 753

Lincoln the Lawyer—Brian Dirck
     reviewed by Mark Steiner 754

In the Wake of Slavery: Civil War, Civil Rights, and the Reconstruction of Southern Law—Joseph A. Ranney
     reviewed by Timothy S. Huebner 755

The Failure of Corporate Law: Fundamental Flaws and Progressive Possibilities—Kent Greenfield
     reviewed by Kenneth M. Rosen 757

Under Cover of Science: American Legal-Economic Theory and the Quest for Objectivity—James R. Hackney, Jr.
     reviewed by Dalia Tsuk 759

Deportation Nation: Outsiders in American History—Daniel Kanstroom
     reviewed by Hiroshi Motomura 760

Street Justice: A History of Police Violence in New York City—Marilynn S. Johnson
     reviewed by Mae C. Quinn 762

Prophet of Innovation: Joseph Schumpeter and Creative Destruction—Thomas K. McCraw
     reviewed by Ron Harris 764

Wives without Husbands: Marriage, Desertion, and Welfare in New York, 1900–1935—Anna R. Igra
     reviewed by Joanna Grossman 766

The Enigma Woman: The Death Sentence of Nellie May Madison—Kathleen A. Cairns
     reviewed by Sara Manaugh 767

Magistrates, Police, and People: Everyday Criminal Justice in Quebec and Lower Canada, 1764–1837—Donald Fyson
     reviewed by Bruno Aubusson de Cavarlay 769


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