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This first title in the “Law, Literature & Culture” series uses six legal disputes from the South Carolina courts to illuminate the complex legal history of race in the U.S. South from slavery through Jim Crow. The first two cases—one criminal, one civil—both illuminate the extreme oppressiveness of slavery. The third explores labor relations between newly emancipated Black agricultural workers and white landowners during Reconstruction. The remaining cases investigate three prominent features of the Jim Crow system: segregated schools, racially biased juries, and lynching, respectively. Throughout the century under consideration, South Carolina’s legal system obsessively drew racial lines, always to the detriment of non-white people, but it occasionally provided a public forum within which racial oppression could be challenged. The book emphasizes how dramatically the degree of legal oppressiveness experienced by Black South Carolinians varied during the century under study, based largely on the degree of Black access to political and legal power.

• Introduction
• Chattel
• Bonds
• In rem
• Equity
• Res publica
• Conclusion

Bonds of Empire presents an account of slave law that is entirely new: one in which English law imbued plantation slavery with its staying power even as it insulated slave owners from contemplating the moral implications of owning human beings. Emphasizing practice rather than proscription, the book follows South Carolina colonists as they used English law to maximize the value of the people they treated as property. Doing so reveals that most daily legal practices surrounding slave ownership were derived from English law: colonists categorized enslaved people as property using English legal terms, they bought and sold them with printed English legal forms, and they followed English legal procedures as they litigated over enslaved people in court. Bonds of Empire ultimately shows that plantation slavery and the laws that governed it were not beyond the pale of English imperial legal history; they were yet another invidious manifestation of English law's protean potential.
(source: Nielsen Book Data)

• List of Tables
• Acknowledgements
• A Note on Text
• List of Abbreviations
• Introduction
• 1. Chattel
• 2. Bonds
• 3. In Rem
• 4. Equity
• 5. Res Publica
• Conclusion
• Index.
• (source: Nielsen Book Data)

Bonds of Empire presents an account of slave law that is entirely new: one in which English law imbued plantation slavery with its staying power even as it insulated slave owners from contemplating the moral implications of owning human beings. Emphasizing practice rather than proscription, the book follows South Carolina colonists as they used English law to maximize the value of the people they treated as property. Doing so reveals that most daily legal practices surrounding slave ownership were derived from English law: colonists categorized enslaved people as property using English legal terms, they bought and sold them with printed English legal forms, and they followed English legal procedures as they litigated over enslaved people in court. Bonds of Empire ultimately shows that plantation slavery and the laws that governed it were not beyond the pale of English imperial legal history; they were yet another invidious manifestation of English law's protean potential.
(source: Nielsen Book Data)

• List of Tables
• Acknowledgements
• A Note on Text
• List of Abbreviations
• Introduction
• 1. Chattel
• 2. Bonds
• 3. In Rem
• 4. Equity
• 5. Res Publica
• Conclusion
• Index.
• (source: Nielsen Book Data)

Bonds of Empire presents an account of slave law that is entirely new: one in which English law imbued plantation slavery with its staying power even as it insulated slave owners from contemplating the moral implications of owning human beings. Emphasizing practice rather than proscription, the book follows South Carolina colonists as they used English law to maximize the value of the people they treated as property. Doing so reveals that most daily legal practices surrounding slave ownership were derived from English law: colonists categorized enslaved people as property using English legal terms, they bought and sold them with printed English legal forms, and they followed English legal procedures as they litigated over enslaved people in court. Bonds of Empire ultimately shows that plantation slavery and the laws that governed it were not beyond the pale of English imperial legal history; they were yet another invidious manifestation of English law's protean potential.
(source: Nielsen Book Data)

• Introduction
• "This couldn't have been ignorance" : challenging the White Primary in the 1940s
• Not equal, but still separate : challenging Jim Crow education in the 1940s
• "Unexampled courage" : school desegregation in the 1950s
• "Plessy has not been overturned" : law and resistance in the late 1950s
• "We don't allow colored people in here" : segregation to "integration with dignity," 1959-63
• "We have not yet run out of courts" : desegregation in the mid-1960s
• "We've run out of courts, and we've run out of time" : freedom of choice and school desegregation to 1970
• Desegregation, not integration : South Carolina Since 1968

As the first comprehensive study of one state's federal district courts during the long civil rights movement, The Slow Undoing argues for a reconsideration of the role of the federal courts in the civil rights movement. It places the courts as a central battleground at the intersections of struggles over race, law, and civil rights. During the long civil rights movement, Black and White South Carolinians used the courts as a venue to contest the meanings of the constitution, justice, equality, and citizenship.African American plaintiffs and lawyers from South Carolina, with the support of Thurgood Marshall and other lawyers from the NAACP Legal Defense and Education Fund, brought and argued civil rights lawsuits in South Carolina's federal courts attempting to secure the vote, raise teacher salaries, and to equalize and then desegregate schools, parks, and public life. In response, white citizens, state politicians, and local officials, hired their own lawyers who countered these arguments by crafting new legal theories in an attempt to defend state practices and thwart African American aspirations of equality and to preserve white supremacy. The Slow Undoing argues for a reconsideration of the role of federal courts in the civil rights movement by demonstrating that both before and after Brown v. Board of Education, the federal district courts were centrally important to achieving and solidifying civil rights gains. It relies on the entire legal record of actions in the federal district courts of South Carolina from 1940 to 1970 to make the case. It argues that rather than relying on litigation during the pre-Brown era and direct action in the post-Brown era, African Americans instead used courts and direct action in tandem to bring down legal segregation throughout the long civil rights era. But the process was far from linear and the courts were not always a progressive force. The battles were long, the victories won were often imperfect, and many of the fights remain. Author Stephen H. Lowe offers a chronicle of this enduring struggle.
(source: Nielsen Book Data)

• "This couldn't have been ignorance" : challenging the White Primary in the 1940s
• Not equal, but still separate : challenging Jim Crow education in the 1940s 30
• "Unexampled courage" : school desegregation in the 1950s
• "Plessy has not been overturned" : law and resistance in the late 1950s
• "We don't allow colored people in here" : segregation to "integration with dignity," 1959-63
• "We have not yet run out of courts" : desegregation in the mid-1960s
• "We've run out of courts, and we've run out of time" : freedom of choice and school desegregation to 1970
• Desegregation, not integration : South Carolina Since 1968

As the first comprehensive study of one state's federal district courts during the long civil rights movement, The Slow Undoing argues for a reconsideration of the role of the federal courts in the civil rights movement. It places the courts as a central battleground at the intersections of struggles over race, law, and civil rights. During the long civil rights movement, Black and White South Carolinians used the courts as a venue to contest the meanings of the constitution, justice, equality, and citizenship.African American plaintiffs and lawyers from South Carolina, with the support of Thurgood Marshall and other lawyers from the NAACP Legal Defense and Education Fund, brought and argued civil rights lawsuits in South Carolina's federal courts attempting to secure the vote, raise teacher salaries, and to equalize and then desegregate schools, parks, and public life. In response, white citizens, state politicians, and local officials, hired their own lawyers who countered these arguments by crafting new legal theories in an attempt to defend state practices and thwart African American aspirations of equality and to preserve white supremacy. The Slow Undoing argues for a reconsideration of the role of federal courts in the civil rights movement by demonstrating that both before and after Brown v. Board of Education, the federal district courts were centrally important to achieving and solidifying civil rights gains. It relies on the entire legal record of actions in the federal district courts of South Carolina from 1940 to 1970 to make the case. It argues that rather than relying on litigation during the pre-Brown era and direct action in the post-Brown era, African Americans instead used courts and direct action in tandem to bring down legal segregation throughout the long civil rights era. But the process was far from linear and the courts were not always a progressive force. The battles were long, the victories won were often imperfect, and many of the fights remain. Author Stephen H. Lowe offers a chronicle of this enduring struggle.
(source: Nielsen Book Data)

• "The scribe and the prince" : legal culture, the courts and elite political power
• "Crimes of the most heinous nature" : criminal justice and law enforcement
• "Nothing but terrors and punishments" : slavery and the law
• "Placed therein and managed" : the Church of England, poor relief, and elite political power
• "Accountable for their misdemeanors" : the assembly and the placeholders
• "Sign or die" : the imperial crisis and the reconstruction of South Carolina's government
• Epilogue
• Appendix.

A Rule of Law offers a fresh examination of how South Carolina's colonial elite ruled through a host of institutions beyond the legislature and jealously guarded this rule against all encroachment in the period leading to the American Revolution.

• "The scribe and the prince" : legal culture, the courts and elite political power
• "Crimes of the most heinous nature" : criminal justice and law enforcement
• "Nothing but terrors and punishments" : slavery and the law
• "Placed therein and managed" : the Church of England, poor relief, and elite political power
• "Accountable for their misdemeanors" : the assembly and the placeholders
• "Sign or die" : the imperial crisis and the reconstruction of South Carolina's government.

A Rule of Law: Elite Political Authority and the Coming of the Revolution in the South Carolina Lowcountry, 1763-1776 by Aaron J. Palmer offers a fresh examination of how South Carolina planters and merchants-the wealthiest in the thirteen colonies-held an iron grip on political power in the province. Their authority, rooted in control of the colonial legislature's power to make law, extended into local government, courts, plantations, and the Church of England, areas that previous political studies have not thoroughly considered. These elite planters and merchants, who were conservative by nature and fiercely guarded their control of provincial government, led the province into the American Revolution in defense of the order they had established in the colonial period.
(source: Nielsen Book Data)

• Part one: The History of the South Dakota Constitution
• Part two: The South Dakota Constitution and Commentary
• Article I: Name and Boundary
• Article II: Legislative
• Article III: Executive
• Article IV: Executive Department
• Article V: Judicial Department
• Article VI: Bill of Rights
• Article VII: Elections and Rights of Suffrage
• Article VIII: Education and School Lands
• Article IX: Local Government
• Article X: Municipal Corporations [Repealed]
• Article XI: Revenue and Finance
• Article XII: Public Accounts and Expenditures
• Article XIII: Public Indebtedness
• Article XIV: State Institutions
• Article XV: Militia
• Article XVI: Impeachment and Removal from Office
• Article XVII: Corporations
• Article XVIII: Banking and Currency
• Article XIX: Congressional and Legislative Apportionment
• Article XX: Seat of Government
• Article XXI: Miscellaneous
• Article XXII: Compact with the United States
• Article XXIII: Amendments and Revisions of the Constitution
• Article XXIV: Prohibition [Repealed]
• Article XXV: Minority Representation [Rejected]
• Article XXVI: Schedule and Ordinance
• Article XXVII: State Control of Manufacture and Sale of :Liquor [Repealed]
• Article XXVIII: County Investment of Permanent School and Endowment Funds
• Article XXIX: State Elevators, Warehouses, Flouring Mills and Packing Houses
• Table of Cases
• Index
• About the Author.
• (source: Nielsen Book Data)

South Dakota was the first state in the nation's history to adopt the Initiative and Referendum, making it permissible for the people to initiate a constitutional amendment, on a statewide level in 1898. While it continues to be a controversial procedure, Patrick Garry discusses this in-depth while providing the only definitive reference resource on the South Dakota Constitution, including all significant court decisions interpreting each Section. The South Dakota Constitution features the rich history and development of constitutionalism in the state. It provides the complete text of the state's current constitution, with each section accompanied by commentary that explains the provision and traces its origins and its interpretation by the courts and by other governmental bodies. Offering in-depth, section-by-section analysis of the entire constitution, it shows the many significant changes within the state of South Dakota that have been made since the constitution's initial drafting. The book concludes with a bibliography, a table of cases cited in the volume, and a topical index making this volume a highly detailed historical companion for students, scholars, practitioners, and all readers interested in state constitutional issues and the history of South Dakota's statehood. The Oxford Commentaries on the State Constitutions of the United States is an important series that reflects a renewed international interest in constitutional history and provides expert insight into each of the 50 state constitutions. Each volume in this innovative series contains a historical overview of the state's constitutional development, a section-by-section analysis of its current constitution, and a comprehensive guide to further research. Under the expert editorship of Professor G. Alan Tarr, Director of the Center on State Constitutional Studies at Rutgers University, this series provides essential reference tools for understanding state constitutional law. Books in the series can be purchased individually or as part of a complete set, giving readers unmatched access to these important political documents.
(source: Nielsen Book Data)

• The History of the South Dakota Constitution
• The South Dakota Constitution and Commentary.

South Dakota was the first state in the nation's history to adopt the Initiative and Referendum, making it permissible for the people to initiate a constitutional amendment, on a statewide level in 1898. While it continues to be a controversial procedure, Patrick Garry discusses this in-depth while providing the only definitive reference resource on the South Dakota Constitution, including all significant court decisions interpreting each Section. The South Dakota Constitution features the rich history and development of constitutionalism in the state. It provides the complete text of the state's current constitution, with each section accompanied by commentary that explains the provision and traces its origins and its interpretation by the courts and by other governmental bodies. Offering in-depth, section-by-section analysis of the entire constitution, it shows the many significant changes within the state of South Dakota that have been made since the constitution's initial drafting. The book concludes with a bibliography, a table of cases cited in the volume, and a topical index making this volume a highly detailed historical companion for students, scholars, practitioners, and all readers interested in state constitutional issues and the history of South Dakota's statehood. The Oxford Commentaries on the State Constitutions of the United States is an important series that reflects a renewed international interest in constitutional history and provides expert insight into each of the 50 state constitutions. Each volume in this innovative series contains a historical overview of the state's constitutional development, a section-by-section analysis of its current constitution, and a comprehensive guide to further research. Under the expert editorship of Professor G. Alan Tarr, Director of the Center on State Constitutional Studies at Rutgers University, this series provides essential reference tools for understanding state constitutional law. Books in the series can be purchased individually or as part of a complete set, giving readers unmatched access to these important political documents.
(source: Nielsen Book Data)

• Introduction
• A plumber and a mailman
• Black veterans return home
• Unequal teacher pay
• The law school at South Carolina State College
• The right to vote
• Unequal education
• Desegregating the bus
• NAACP members punished
• The sit-ins
• The Charleston movement
• The Columbia movement
• The Conway/Myrtle Beach movement
• The Florence/Darlington movement
• The Greenville movement
• The Orangeburg movement
• The Rock Hill movement
• The Spartanburg movement
• The Sumter movement
• Clemson, USC, the Citadel and Winthrop integrate
• Adding color to the statehouse
• Taking seats on the bench
• Jim Clyburn goes to Washington
• State boards and commissions diversify
• Other black elected officials
• They also ran
• Black democrats and black republicans
• HBCUs
• The old black high schools
• Economic participation
• Black newspapers, radio and TV stations
• Nongovernmental organizations.

• Series Foreword by G. Alan Tarr
• Preface
• Introduction
• The Importance of a Constitution
• PART I: THE CONSTITUTIONAL HISTORY OF SOUTH CAROLINA
• PART II. SOUTH CAROLINA CONSTITUTION AND COMMENTARY
• ARTICLE I. Declaration of Rights
• ARTICLE II. Right of Suffrage
• ARTICLE III. Legislative Department
• ARTICLE IV. Executive Department
• ARTICLE V. The Judicial Department
• ARTICLE VI. Officers
• ARTICLE VII. Counties and County Government
• ARTICLE VIII. Local Government
• ARTICLE VIII-A. Alcoholic Liquor and Beverages
• ARTICLE IX. Corporations
• ARTICLE X. Finance, Taxation, and Bonded Debt
• ARTICLE XI. Public Education
• ARTICLE XII. Functions of Government
• ARTICLE XIII. Militia
• ARTICLE XIV. Eminent Domain
• ARTICLE XV. Impeachment
• ARTICLE XVI. Amendment and Revision of the Constitution
• ARTICLE XVII. Miscellaneous Matters
• Bibliographical Essay
• Table of Cases
• Index.
• (source: Nielsen Book Data)

South Carolina's current constitution is a unique reflection of America's cultural and political history. It has roots dating back to the state's original colonial charter, comprising an uneasy alliance of post-Civil War history, late 19th century return to segregation, and post-1960s liberalizing reforms. In The South Carolina State Constitution, Cole Blease Graham illustrates the success of positive political forces pitted against the social norms of a Deep South state. His informed analysis challenges advocates of constitutional reform to continue revision efforts, making this volume an important contribution to the study of state politics and the principles of democratic government. The South Carolina State Constitution provides an outstanding constitutional and historical account of the state's governing charter. In addition to an overview of South Carolina's constitutional history, it provides an in-depth, section-by-section analysis of the entire constitution, detailing the many significant changes that have been made since its initial drafting. This treatment, along with a table of cases, index, and bibliography provides an unsurpassed reference guide for students, scholars, and practitioners of South Carolina's constitution. Previously published by Greenwood, this title has been brought back in to circulation by Oxford University Press with new verve. Re-printed with standardization of content organization in order to facilitate research across the series. This title, as with all titles in the series, is set to join the dynamic revision cycle of The Oxford Commentaries on the State Constitutions of the United States. The Oxford Commentaries on the State Constitutions of the United States is an important new series that reflects a renewed international interest in constitutional history and provides expert insight into each of the 50 state constitutions. Each volume in this innovative series contains a historical overview of the state's constitutional development, a section-by-section analysis of its current constitution, and a comprehensive guide to further research. Under the expert editorship of Professor G. Alan Tarr, Director of the Center on State Constitutional Studies at Rutgers University, this series provides essential reference tools for understanding state constitutional law. Books in the series can be purchased individually or as part of a complete set, giving readers unmatched access to these important political documents.
(source: Nielsen Book Data)

• Issue also includes: The organic law of a great Commonwealth: the framing of the South Dakota constitution / Jon Lauck
• Tribal incorporation of First Amendment norms: a case study of the Indian tribes of South Dakota / Patrick M. Garry, Candice J. Spurlin, Jennifer L. Keating, and Derek A. Nelson
• Johanns v. Livestock Marketing Association government speech: it's what's for dinner / Andrew J. Marshall
• Garcetti v. Ceballos: judicially muzzling the voices of public sector employees /rBeth Anne Roesler.

Traces the history and evolution of South Carolina's state constitution and offers a commentary on its text, with references to legal cases, commission reports, and historical scholarship.
(source: Nielsen Book Data)

• List of Maps and Tables
• Introduction: "Deadliest Enemies" and the Discourse of Indian Law 1. A Short History of Rosebud Reservation 2. Rosebud Sioux Tribe v. Kneip: Reservation Boundaries and Legal Rights 3. The Mission Liquor Store and Racial Hard Feelings 4. State Jurisdiction in Indian Country
• 5. Tribal Jurisdiction over Non-Indians
• 6. Making Indian-White Relations
• Conclusion: Whiteness and the Legal Imagination References
• Index.
• (source: Nielsen Book Data)

Racial tension between Native American and white people on and near Indian reservations is an ongoing problem in the United States. As far back as 1886, the Supreme Court said that 'because of local ill feeling, the people of the United States where [Indian tribes] are found are often their deadliest enemies'. This book examines the history of troubled relations on and around Rosebud Reservation in South Dakota over the last three decades and asks why Lakota Indians and whites living there became hostile to one another. Thomas Biolsi's important study traces the origins of racial tension between Native Americans and whites to federal laws themselves, showing how the courts have created opposing political interests along race lines. Drawing on local archival research and ethnographic fieldwork on Rosebud Reservation, Biolsi argues that the court's definitions of legal rights - both constitutional and treaty rights - make solutions to Indian-white problems difficult. Although much of his argument rests on his analysis of legal cases, the central theoretical concern of the book is the discourse rooted in legal texts and how it applies to everyday social practices. This nuanced and powerful study sheds much-needed light on why there are such difficulties between Native Americans and whites in South Dakota and in the rest of the United States.
(source: Nielsen Book Data)

• List of Maps and Tables
• Introduction: "Deadliest Enemies" and the Discourse of Indian Law 1. A Short History of Rosebud Reservation 2. Rosebud Sioux Tribe v. Kneip: Reservation Boundaries and Legal Rights 3. The Mission Liquor Store and Racial Hard Feelings 4. State Jurisdiction in Indian Country
• 5. Tribal Jurisdiction over Non-Indians
• 6. Making Indian-White Relations
• Conclusion: Whiteness and the Legal Imagination References
• Index.
• (source: Nielsen Book Data)

Racial tension between Native American and white people on and near Indian reservations is an ongoing problem in the United States. As far back as 1886, the Supreme Court said that 'because of local ill feeling, the people of the United States where [Indian tribes] are found are often their deadliest enemies'. This book examines the history of troubled relations on and around Rosebud Reservation in South Dakota over the last three decades and asks why Lakota Indians and whites living there became hostile to one another. Thomas Biolsi's important study traces the origins of racial tension between Native Americans and whites to federal laws themselves, showing how the courts have created opposing political interests along race lines. Drawing on local archival research and ethnographic fieldwork on Rosebud Reservation, Biolsi argues that the court's definitions of legal rights - both constitutional and treaty rights - make solutions to Indian-white problems difficult. Although much of his argument rests on his analysis of legal cases, the central theoretical concern of the book is the discourse rooted in legal texts and how it applies to everyday social practices. This nuanced and powerful study sheds much-needed light on why there are such difficulties between Native Americans and whites in South Dakota and in the rest of the United States.
(source: Nielsen Book Data)

• List of Maps and Tables
• Introduction: "Deadliest Enemies" and the Discourse of Indian Law 1. A Short History of Rosebud Reservation 2. Rosebud Sioux Tribe v. Kneip: Reservation Boundaries and Legal Rights 3. The Mission Liquor Store and Racial Hard Feelings 4. State Jurisdiction in Indian Country
• 5. Tribal Jurisdiction over Non-Indians
• 6. Making Indian-White Relations
• Conclusion: Whiteness and the Legal Imagination References
• Index.
• (source: Nielsen Book Data)

Racial tension between Native American and white people on and near Indian reservations is an ongoing problem in the United States. As far back as 1886, the Supreme Court said that 'because of local ill feeling, the people of the United States where [Indian tribes] are found are often their deadliest enemies'. This book examines the history of troubled relations on and around Rosebud Reservation in South Dakota over the last three decades and asks why Lakota Indians and whites living there became hostile to one another. Thomas Biolsi's important study traces the origins of racial tension between Native Americans and whites to federal laws themselves, showing how the courts have created opposing political interests along race lines. Drawing on local archival research and ethnographic fieldwork on Rosebud Reservation, Biolsi argues that the court's definitions of legal rights - both constitutional and treaty rights - make solutions to Indian-white problems difficult. Although much of his argument rests on his analysis of legal cases, the central theoretical concern of the book is the discourse rooted in legal texts and how it applies to everyday social practices. This nuanced and powerful study sheds much-needed light on why there are such difficulties between Native Americans and whites in South Dakota and in the rest of the United States.
(source: Nielsen Book Data)