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The American Legal History Podcast

Feb 25, 2024

Today we have two very special guests, Professor Orville Vernon Burton and Professor Armand Derfner. Their book Justice Deferred: Race and the Supreme Court, is the first that comprehensively charts the Court’s race jurisprudence. Addressing nearly two hundred cases involving America’s racial minorities, they...


Nov 16, 2023

In this episode we will explore American law between the Revolution and the Civil War. Sometimes referred to as the Golden Age of American Law, it featured some of the most celebrated lawyers and judges in our history. We will also take a close look at the development of the common law of contracts and torts. I...


Sep 10, 2023

During the course of the long nineteenth century, a great debate took place between those who wanted to base the law of the United States in common law, and those who wanted it based in codified law. The proponents of the movement had three goals, which can be characterized as procedural, jurisdictional, and...


Jun 1, 2023

In episode twenty-two, we will continue our examination of the early Supreme Court and the staggering impact of Chief Justice John Marshall on the Constitutional development of the early Republic. Most of the cases discussed in the episode were decided between 1810 – 1823, the most productive period in Supreme Court...


Apr 11, 2023

In episode twenty-one we will discuss the early years of the United States Supreme Court and the most influential Chief Justice in its history, John Marshall. We will examine in detail what is considered the most famous case in American legal history, Marbury v. Madison (1803). We will also explore the origins of...