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Papers by Andrew Fede
Journal of Southern History, 2020
Civil War Book Review, 2017
American National Biography Online, 2000
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.
The American Historical Review, 2015
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, ...
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. ...
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.
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 ...
The American Journal of Legal History, 1994
Journal of Southern History, 2020
Civil War Book Review, 2017
American National Biography Online, 2000
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.
The American Historical Review, 2015
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, ...
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. ...
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.
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 ...
The American Journal of Legal History, 1994