Support H-Net | Buy Books Here | Help Support the NBN and NBN en Español on Patreon | Visit New Books Network en Español!
- African Studies
- African American Studies
- American Politics
- American Studies
- American South
- American West
- Asian American Studies
- Australian and New Zealand Studies
- British Studies
- Canadian Studies
- Caribbean Studies
- Central Asian Studies
- Chinese Studies
- East Asian Studies
- Eastern European Studies
- European Politics
- French Studies
- German Studies
- Iberian Studies
- India Studies
- Indian Ocean World
- Iranian Studies
- Irish Studies
- Israel Studies
- Italian Studies
- Japanese Studies
- Korean Studies
- Latino Studies
- Latin American Studies
- Mexican Studies
- Middle Eastern Studies
- Native American Studies
- Pacific Studies
- Polish Studies
- Russian and Eurasian Studies
- Southeast Asian Studies
- South Asian Studies
- Turkish Studies
- Ukrainian Studies
- Western European Studies
- World Affairs
- Animal Studies
- Anthropology
- Archaeology
- Business, Management, and Marketing
- Media
- Critical Theory
- Disability Studies
- Drugs, Addiction and Recovery
- Education
- Economics
- Finance
- Geography
- Gender Studies
- Genocide Studies
- Higher Education
- Human Rights
- Journalism
- Language
- Law
- LGBTQ+ Studies
- National Security
- Philanthropy
- Philosophy
- Policing, Incarceration, and Reform
- Political Science
- Politics & Polemics
- Public Policy
- Sex, Sexuality, and Sex Work
- Sociology
- Sound Studies
- Sports
- Urban Studies
- Big Ideas
- Celebration Studies
- Co-Authored
- Cover Story
- Historical Materialism
- History Ex Silo
- Interpretive Political and Social Science
- Invested Investor
- Landscape Architecture
- Late Antiquity
- Mormonism
- NBN Book of the Day
- NBN Seminar
- Postscript: Conversations on Politics and Political Science
- Practical History
- Preparing for Life After Grad School
- Psychology and Climate Change
- Syriac Studies
- The Chair: In The Room at the Fed
- New Books with Miranda Melcher
Dec 17, 2019
Law in American History
1930-2000
Summary
For nearly two decades the renowned legal historian G. Edward White has been writing a multi-volume history of law in America. In his third and concluding volume, Law in American History, Volume III: 1930-2000 (Oxford University Press, 2019), he surveys the many developments in American law from the middle of the 20th century to the case of Bush v. Gore. One of the most important of these developments was the emergence of American jurisprudence, a philosophy of how judges should apply the law. As White demonstrates, this new interpretation of judges as individual actors in the shaping of legal interpretation emerged while federal agencies moved toward agency governance, which was underpinned by the notion of a factual, scientific basis towards decision-making. At the same time, lawmakers pursued what White terms the “statutorification” of common law, while all branches wrestled with the need to establish the legal framework for the developments in mass communications that characterized the era. Throughout all of this the Supreme Court played a dominant role in shaping American law and White analyzes their decisions in a half-dozen fields, including the often controversial rulings dealing with the nation’s political process, culminating with their decisive intervention in the presidential election of 2000.
