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Spring, 2009
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Contents

Vol. 27, No. 1

Spring 2009



Editorial Staff  

In This Issue vii

Articles

Law, Empire, and Historiography of Modern Sino-Western Relations: A Case Study of the Lady Hughes Controversy in 1784
     Li Chen 1

Is Modern Liberty Ancient? Roman Remedies and Natural Rights in Hugo Grotius's Early Works on Natural Law
     Benjamin Straumann 55

Liberal Jurisprudence, Labor Tribunals, and Mexico's Supreme Court,1917–1924
     T. M. James 87

Making Mexico: Legal Nationality, Chinese Race, and the 1930 Population Census
     Kif Augustine-Adams 113

Forum: Pierson v. Post: Capturing New Facts about the Fox

Introduction: A Famous Fox, a Surfacing Whale, and the Forgotten Slave
     Alfred L. Brophy 145

The Lost Record of Pierson v. Post, the Famous Fox Case
     Angela Fernandez 149

Transcript of the Judgment Roll in Pierson v. Post

     Comment

Papyrology and 3 Caines 175
     Charles Donahue, Jr. 179

21st Century Fox: Pierson v. Post, Then and Now
     Stuart Banner 185

Facts, Information, and the Newly Discovered Record in Pierson v. Post
     James E. Krier 189

Book Reviews

The Origins of Adversary Criminal Trial—John H. Langbein, and Plea Bargaining's Triumph: A History of Plea Bargaining in America—George Fisher
     reviewed by Andrea McKenzie 195

Possessing the Pacific: Land, Settlers, and Indigenous People from Australia to Alaska—Stuart Banner
     reviewed by Carl C. Christensen 198

Crime and Justice in Late Medieval Italy—Trevor Dean
     reviewed by Simona Cerutti 200

The Origins of Reasonable Doubt: Theological Roots of the Criminal Trial—James Q. Whitman
     reviewed by R. H. Helmholz 203

A Revolution in Commerce: The Parisian Merchant Court and the Rise of Commercial Society in Eighteenth-Century France—Amalia D. Kessler
     reviewed by John Shovlin 205

The Paradoxes of Nationalism: The French Revolution and Its Meaning for Contemporary Nation Building—Chimène I. Keitner
     reviewed by Ronald Schechter 206

Ruling Peasants: Village and State in Late Imperial Russia—Corinne Gaudin
     reviewed by Esther Kingstonn-Mann 208

Legal Foundations of Tribunals in Nineteenth Century England—Chantal Stebbings
     reviewed by Michael Lobban 210

Caught in the Machinery: Workplace Accidents and Injured Workers in Nineteenth-Century Britain—Jamie L. Bronstein
     reviewed by Robert J. Steinfeld 211

Liberty's Blueprint: How Madison and Hamilton Wrote the Federalist Papers, Defined the Constitution, and Made Democracy Safe for the World—Michael I. Meyerson
     reviewed by Erik J. Chaput 213

Trial by Jury: The Seventh Amendment and Anglo-American Special Juries—James Oldham
     reviewed by Daniel Klerman 215

Entrepreneurs in the Southern Upcountry: Commercial Culture in Spartanburg, South Carolina, 1845–1880—Bruce Eelman
     reviewed by Jenny Wahl 217

The Judges of the New York Court of Appeals: A Biographical History—Albert M. Rosenblatt, editor
     reviewed by Whitney S. Bagnall 218

Establishing Justice in Middle America: A History of the United States Court of Appeals for the Eighth Circuit—Jeffrey Brandon Morris
     reviewed by Miriam A. Cherry 220

Freedom Is Not Enough: The Opening of the American Workplace—Nancy MacLean
     reviewed by Risa L. Goluboff 222

The Lost Promise of Civil Rights—Risa L. Goluboff
     reviewed by Sophia Z. Lee 224

Little Rock on Trial: Cooper v. Aaron and School Desegregation—Tony A. Freyer
     reviewed by Judith Kilpatrick 225

The Battle over School Prayer: How Engel v. Vitale Changed America—Bruce J. Dierenfield
     reviewed by Mark McGarvie 227

Free At Last to Vote: The Alabama Origins of the 1965 Voting Rights Act—Brian K. Landsberg
     reviewed by Richard H. Pildes 228

The Snail Darter Case: TVA versus the Endangered Species Act—Kenneth P. Murchison
     reviewed by John C. Dernbach 230

Manifest Destinies: The Making of the Mexican American Race—Laura E. Gómez
     reviewed by Kif Augustine-Adams 231

Courting Failure: Women and the Law in Twentieth-Century Literature—Heidi Slettedahl Macpherson
     reviewed by Carla Spivak 233

The Constitution as Social Design: Gender and Civic Membership in the American Constitutional Order—Gretchen Ritter
     reviewed by Yvonne M. Pitts 235

Americans in Waiting: The Lost Story of Immigration and Citizenship in the United States—Hiroshi Motomura
     reviewed by Hamsa M. Murthy 236

The Age of Impeachment: American Constitutional Culture since 1960—David E. Kyvig
     reviewed by Williamjames H. Hoffer 238


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