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Papers by Andrew Fede

Research paper thumbnail of Supreme Injustice: Slavery in the Nation’s Highest Court by Paul Finkelman

Journal of Southern History, 2020

Research paper thumbnail of Homicide Justified: The Legality Of Killing Slaves In The United States And The Atlantic World

Civil War Book Review, 2017

Research paper thumbnail of Dill, James Brooks (1854-1910), corporate lawyer and judge

American National Biography Online, 2000

Research paper thumbnail of Kirkpatrick, Andrew (1756-1831), lawyer and judge

Research paper thumbnail of People Without Rights (Routledge Revivals)

Research paper thumbnail of Not the Most Insignificant Justice: Reconsidering Justice Gabriel Duvall's Slavery Law Opinions Favoring Liberty

Journal of Supreme Court History, 2017

Bates also suggested that Duvall should have resigned from the Court soon after his appointment b... more Bates also suggested that Duvall should have resigned from the Court soon after his appointment because "he became a few years later so deaf that he could not hear a word said in Court[.]" 1 Others based later critiques on the dearth of Duvall's published Supreme Court output-fifteen opinions for the Court and one dissenting opinion-although they acknowledged that, during this era, Chief Justice John Marshall dominated the Court with his collegial approach to decision making and opinion writing.

Research paper thumbnail of Lea VanderVelde. Redemption Songs: Suing for Freedom before Dred Scott

The American Historical Review, 2015

Research paper thumbnail of Legal Protection for Slave Buyers in the U. S. South: A Caveat concerning Caveat Emptor

The American Journal of Legal History, 1987

The doctrine of caveat emptor-let the buyer beware-achieved its" real triumph" in the s... more The doctrine of caveat emptor-let the buyer beware-achieved its" real triumph" in the sales law of the antebellum United States, according to Walton Hamilton's seminal article on the history of that ancient maxim.'Hamilton's interpretation is only half correct, however, ...

Research paper thumbnail of Legitimized Violent Slave Abuse in the American South, 1619-1865: A Case Study of Law and Social Change in Six Southern States

The American Journal of Legal History, 1985

... Social Change in Six Southern States by ANDREW FEDE* I. INTRODUCTION ... See id. at 6-7, see ... more ... Social Change in Six Southern States by ANDREW FEDE* I. INTRODUCTION ... See id. at 6-7, see also GENOVESE, supra note 11, at 26; see generally Fede, Toward a Solution of the Slave Law Dilemma: A Critique of Tushnet's "The American Law of Slavery." 2 LAW & HIST. ...

Research paper thumbnail of Roadblocks to Freedom: Slavery and Manumission in the United States South

Slavery & Abolition, 2013

the fears, anxieties, and trepidations of enslaved people as well as of their responses to their ... more the fears, anxieties, and trepidations of enslaved people as well as of their responses to their owners’ domestic strife’ (99). Facing relocation and separation themselves when slaveholding couples divorced, enslaved peoples might have responded in various ways. According to Schweninger, however, one of the most common responses for enslaved women was to usurp the power of the wife by taking over her role as plantation mistress. Although we should tread carefully here, the analysis that Schweninger presents is interesting and serves to highlight the complexities of power, privilege and authority that the enslaved might have employed to gain an upper hand, if only for the briefest of moments. Families in Crisis is, in conclusion, a compelling read that presents a revision of some of the past scholarship while also highlighting the traumas of family separation in the Old South.

Research paper thumbnail of Toward a Solution of the Slave Law Dilemma: A Critique of Tushnet's 'The American Law of Slavery

Law and History Review, 1984

... in Legal Change: An Incident from the Law of Slavery,' 28 American Journal of Legal Hist... more ... in Legal Change: An Incident from the Law of Slavery,' 28 American Journal of Legal History 1 (1984) (Hereinafter cited as Langum); TD Morris, "As ... AEK Nash, 'Fairness and Formalism in the Trials of Blacks in the State Supreme Courts of the Old South,'56 Virginia Law Review ...

Research paper thumbnail of New Jersey and the Fiscal Origins of Modern Corporation Law

The American Journal of Legal History, 1994

Research paper thumbnail of Supreme Injustice: Slavery in the Nation’s Highest Court by Paul Finkelman

Journal of Southern History, 2020

Research paper thumbnail of Homicide Justified: The Legality Of Killing Slaves In The United States And The Atlantic World

Civil War Book Review, 2017

Research paper thumbnail of Dill, James Brooks (1854-1910), corporate lawyer and judge

American National Biography Online, 2000

Research paper thumbnail of Kirkpatrick, Andrew (1756-1831), lawyer and judge

Research paper thumbnail of People Without Rights (Routledge Revivals)

Research paper thumbnail of Not the Most Insignificant Justice: Reconsidering Justice Gabriel Duvall's Slavery Law Opinions Favoring Liberty

Journal of Supreme Court History, 2017

Bates also suggested that Duvall should have resigned from the Court soon after his appointment b... more Bates also suggested that Duvall should have resigned from the Court soon after his appointment because "he became a few years later so deaf that he could not hear a word said in Court[.]" 1 Others based later critiques on the dearth of Duvall's published Supreme Court output-fifteen opinions for the Court and one dissenting opinion-although they acknowledged that, during this era, Chief Justice John Marshall dominated the Court with his collegial approach to decision making and opinion writing.

Research paper thumbnail of Lea VanderVelde. Redemption Songs: Suing for Freedom before Dred Scott

The American Historical Review, 2015

Research paper thumbnail of Legal Protection for Slave Buyers in the U. S. South: A Caveat concerning Caveat Emptor

The American Journal of Legal History, 1987

The doctrine of caveat emptor-let the buyer beware-achieved its" real triumph" in the s... more The doctrine of caveat emptor-let the buyer beware-achieved its" real triumph" in the sales law of the antebellum United States, according to Walton Hamilton's seminal article on the history of that ancient maxim.'Hamilton's interpretation is only half correct, however, ...

Research paper thumbnail of Legitimized Violent Slave Abuse in the American South, 1619-1865: A Case Study of Law and Social Change in Six Southern States

The American Journal of Legal History, 1985

... Social Change in Six Southern States by ANDREW FEDE* I. INTRODUCTION ... See id. at 6-7, see ... more ... Social Change in Six Southern States by ANDREW FEDE* I. INTRODUCTION ... See id. at 6-7, see also GENOVESE, supra note 11, at 26; see generally Fede, Toward a Solution of the Slave Law Dilemma: A Critique of Tushnet's "The American Law of Slavery." 2 LAW & HIST. ...

Research paper thumbnail of Roadblocks to Freedom: Slavery and Manumission in the United States South

Slavery & Abolition, 2013

the fears, anxieties, and trepidations of enslaved people as well as of their responses to their ... more the fears, anxieties, and trepidations of enslaved people as well as of their responses to their owners’ domestic strife’ (99). Facing relocation and separation themselves when slaveholding couples divorced, enslaved peoples might have responded in various ways. According to Schweninger, however, one of the most common responses for enslaved women was to usurp the power of the wife by taking over her role as plantation mistress. Although we should tread carefully here, the analysis that Schweninger presents is interesting and serves to highlight the complexities of power, privilege and authority that the enslaved might have employed to gain an upper hand, if only for the briefest of moments. Families in Crisis is, in conclusion, a compelling read that presents a revision of some of the past scholarship while also highlighting the traumas of family separation in the Old South.

Research paper thumbnail of Toward a Solution of the Slave Law Dilemma: A Critique of Tushnet's 'The American Law of Slavery

Law and History Review, 1984

... in Legal Change: An Incident from the Law of Slavery,' 28 American Journal of Legal Hist... more ... in Legal Change: An Incident from the Law of Slavery,' 28 American Journal of Legal History 1 (1984) (Hereinafter cited as Langum); TD Morris, "As ... AEK Nash, 'Fairness and Formalism in the Trials of Blacks in the State Supreme Courts of the Old South,'56 Virginia Law Review ...

Research paper thumbnail of New Jersey and the Fiscal Origins of Modern Corporation Law

The American Journal of Legal History, 1994

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