edited by David J. Bodenhamer, Randall T. Shepard, David J. Bodenhamer and Randall T. Shepard
Ohio University Press, 2006 Cloth: 978-0-8214-1637-2 | eISBN: 978-0-8214-4394-1 Library of Congress Classification KFI3078.H57 2006 Dewey Decimal Classification 349.77209
ABOUT THIS BOOK | AUTHOR BIOGRAPHY | REVIEWS | TOC
ABOUT THIS BOOK
Long regarded as a center for middle-American values, Indiana is also a cultural crossroads that has produced a rich and complex legal and constitutional heritage. The History of Indiana Law traces this history through a series of expert articles by identifying the themes that mark the state’s legal development and establish its place within the broader context of the Midwest and nation.
The History of Indiana Law explores the ways in which the state’s legal culture responded to—and at times resisted—the influence of national legal developments, including the tortured history of race relations in Indiana. Legal issues addressed by the contributors include the Indiana constitutional tradition, civil liberties, race, women’s rights, family law, welfare and the poor, education, crime and punishment, juvenile justice, the role of courts and judiciary, and landmark cases. The essays describe how Indiana law has adapted to the needs of an increasingly complex society.
The History of Indiana Law is an indispensable reference and invaluable first source to learn about law and society in Indiana during almost two centuries of statehood.
AUTHOR BIOGRAPHY
David J. Bodenhamer is a professor of history and the executive director of The Polis Center at Indiana University–Purdue University Indianapolis. He is the author or editor of six books, including Fair Trial: Rights of the Accused in American History and The Bill of Rights in Modern America: After 200 Years (with James W. Ely Jr.).
Randall T. Shepard, an Evansville native, has become one of the most respected jurists in the country. Shepard was appointed to the Supreme Court of Indiana in 1985 and was later promoted to chief justice of the court.
REVIEWS
“Every state should have a book like this, and the authors and editors deserve a great deal of credit for adding this one to the four existing volumes in the Law, Society and Politics in the Midwest series.”—Elizabeth Brand Monroe, Indiana Magazine of History
“Hoosier lawyers will covet this book because it amounts to a mini-encyclopedia that expertly lays out the basic facts and patterns of the state’s legal history. Historians may hope it does even more. If readers come to consider the state and its system of justice as historically constructed … then The History of Indiana’s Law will have performed an immensely valuable service to the state as well as to its historians and lawyers.”—The American Journal of Legal History
TABLE OF CONTENTS
Contents
Preface and Acknowledgments 000
Part I: Constructing the Framework
1. The Narratives and Counternarratives of Indiana Legal History 000
David J. Bodenhamer and Randall T. Shepard
2. Indiana's Constitution in a Nation of Constitutions 000
Patrick Baude
Part II: The Law of Personal Status
3. Race, Law, and the Burdens of Indiana History 000
James H. Madison
4. Family Law in Indiana: A Domestic Relations Crossroads 000
Michael Grossberg and Amy Elson
5. The Poor You Have Always with You: The Problem of the "Sturdy Beggar" 000
Sheila Suess Kennedy
Part III: Law and Crime
6. "Conspicuously Enlightened Policy": Criminal Justice in Indiana 000
Susan K. Carpenter
7. Juvenile Law: The Quest to Redeem Youthful Offenders 000
Margret G. Robb and Nancy Gettinger
Part IV: Rights
8. From Petticoat Slavery to Equality: Women's Rights in Indiana Law 000
Virginia Dill McCarty
9. The Indiana Bill of Rights: Two Hundred Years of Civil Liberties History 000
Rebecca S. Shoemaker
10. The Uncertain Promise of Free Public Schooling 000
Martha McCarthy and Ran Zhang
Part V: Bench and Bar
11. Indiana Courts and Lawyers, 1816-2004 000
Elizabeth R. Osborn
12. More Than Arbiters of Cases and Controversies: The Growing Impact of the Judiciary on
Indiana's Legal Culture 000
Robert J. Maley and John R. Maley
13. Indiana Judges: A Portrait of Judicial Evolution 000
John G. Baker
14. Political Pragmatism and Common Sense: Leading Cases of the Indiana Supreme Court 000
George T. Patton Jr.
15. The U.S. Supreme Court on Circuit in Indiana, 1837-1891 000
Allen Sharp
Appendix 000
List of Contributors 000
Index 000
edited by David J. Bodenhamer, Randall T. Shepard, David J. Bodenhamer and Randall T. Shepard
Ohio University Press, 2006 Cloth: 978-0-8214-1637-2 eISBN: 978-0-8214-4394-1
Long regarded as a center for middle-American values, Indiana is also a cultural crossroads that has produced a rich and complex legal and constitutional heritage. The History of Indiana Law traces this history through a series of expert articles by identifying the themes that mark the state’s legal development and establish its place within the broader context of the Midwest and nation.
The History of Indiana Law explores the ways in which the state’s legal culture responded to—and at times resisted—the influence of national legal developments, including the tortured history of race relations in Indiana. Legal issues addressed by the contributors include the Indiana constitutional tradition, civil liberties, race, women’s rights, family law, welfare and the poor, education, crime and punishment, juvenile justice, the role of courts and judiciary, and landmark cases. The essays describe how Indiana law has adapted to the needs of an increasingly complex society.
The History of Indiana Law is an indispensable reference and invaluable first source to learn about law and society in Indiana during almost two centuries of statehood.
AUTHOR BIOGRAPHY
David J. Bodenhamer is a professor of history and the executive director of The Polis Center at Indiana University–Purdue University Indianapolis. He is the author or editor of six books, including Fair Trial: Rights of the Accused in American History and The Bill of Rights in Modern America: After 200 Years (with James W. Ely Jr.).
Randall T. Shepard, an Evansville native, has become one of the most respected jurists in the country. Shepard was appointed to the Supreme Court of Indiana in 1985 and was later promoted to chief justice of the court.
REVIEWS
“Every state should have a book like this, and the authors and editors deserve a great deal of credit for adding this one to the four existing volumes in the Law, Society and Politics in the Midwest series.”—Elizabeth Brand Monroe, Indiana Magazine of History
“Hoosier lawyers will covet this book because it amounts to a mini-encyclopedia that expertly lays out the basic facts and patterns of the state’s legal history. Historians may hope it does even more. If readers come to consider the state and its system of justice as historically constructed … then The History of Indiana’s Law will have performed an immensely valuable service to the state as well as to its historians and lawyers.”—The American Journal of Legal History
TABLE OF CONTENTS
Contents
Preface and Acknowledgments 000
Part I: Constructing the Framework
1. The Narratives and Counternarratives of Indiana Legal History 000
David J. Bodenhamer and Randall T. Shepard
2. Indiana's Constitution in a Nation of Constitutions 000
Patrick Baude
Part II: The Law of Personal Status
3. Race, Law, and the Burdens of Indiana History 000
James H. Madison
4. Family Law in Indiana: A Domestic Relations Crossroads 000
Michael Grossberg and Amy Elson
5. The Poor You Have Always with You: The Problem of the "Sturdy Beggar" 000
Sheila Suess Kennedy
Part III: Law and Crime
6. "Conspicuously Enlightened Policy": Criminal Justice in Indiana 000
Susan K. Carpenter
7. Juvenile Law: The Quest to Redeem Youthful Offenders 000
Margret G. Robb and Nancy Gettinger
Part IV: Rights
8. From Petticoat Slavery to Equality: Women's Rights in Indiana Law 000
Virginia Dill McCarty
9. The Indiana Bill of Rights: Two Hundred Years of Civil Liberties History 000
Rebecca S. Shoemaker
10. The Uncertain Promise of Free Public Schooling 000
Martha McCarthy and Ran Zhang
Part V: Bench and Bar
11. Indiana Courts and Lawyers, 1816-2004 000
Elizabeth R. Osborn
12. More Than Arbiters of Cases and Controversies: The Growing Impact of the Judiciary on
Indiana's Legal Culture 000
Robert J. Maley and John R. Maley
13. Indiana Judges: A Portrait of Judicial Evolution 000
John G. Baker
14. Political Pragmatism and Common Sense: Leading Cases of the Indiana Supreme Court 000
George T. Patton Jr.
15. The U.S. Supreme Court on Circuit in Indiana, 1837-1891 000
Allen Sharp
Appendix 000
List of Contributors 000
Index 000
ABOUT THIS BOOK | AUTHOR BIOGRAPHY | REVIEWS | TOC