-
2
-
-
84933533044
-
-
S
-
Civil Rights Cases, 109 U.S. 3 (1883)
-
(1883)
Civil Rights Cases
, vol.109
, Issue.U
, pp. 3
-
-
-
5
-
-
0344692826
-
Letter From Birmingham Jail
-
New York: Harper & Row
-
Martin Luther King, Jr., "Letter From Birmingham Jail," in Why We Can't Wait (New York: Harper & Row, 1964), 81
-
(1964)
Why We Can't Wait
, pp. 81
-
-
Luther King Jr., M.1
-
6
-
-
85038697022
-
-
Notably, Willard Hurst entertained the idea that the development of the automobile and the corresponding growth of the hotel industry granted new importance to the law of innkeepers and made [d]iscrimination on racial, national, or religious grounds, in serving the traveling public . . . a greater problem. Hurst, Technology and the Law: The Automobile (unpublished 1949 manuscript)
-
Notably, Willard Hurst entertained the idea that the development of the automobile and the corresponding growth of the hotel industry granted "new importance to the law of innkeepers" and made "[d]iscrimination on racial, national, or religious grounds, in serving the traveling public . . . a greater problem." See Hurst, "Technology and the Law: The Automobile" (unpublished 1949 manuscript)
-
-
-
-
7
-
-
85014586381
-
-
cited in William J. Novak, Law, Capitalism, and the Liberal State: The Historical Sociology of James Willard Hurst, Law and History Review 18 (2000): 109-10. Hurst was correct about the hotel and innkeeper law, though as I shall demonstrate, the change had taken place many decades earlier than he supposed
-
cited in William J. Novak, "Law, Capitalism, and the Liberal State: The Historical Sociology of James Willard Hurst," Law and History Review 18 (2000): 109-10. Hurst was correct about the hotel and innkeeper law, though as I shall demonstrate, the change had taken place many decades earlier than he supposed
-
-
-
-
8
-
-
85038756551
-
-
The Woodward thesis stated first, that legally enforced racial segregation did not appear in the South immediately after Emancipation, but rather was imposed only after about 1890; and second, that before this happened, there had been realistic and partially explored historical alternatives to the final outcome of de jure separation of black and white Americans. C. Vann Woodward, The Strange Career of Jim Crow (New York: Oxford University Press, 1955), chap. 1
-
The "Woodward thesis" stated first, that legally enforced racial segregation did not appear in the South immediately after Emancipation, but rather was imposed only after about 1890; and second, that before this happened, there had been realistic and partially explored historical alternatives to the final outcome of de jure separation of black and white Americans. See C. Vann Woodward, The Strange Career of Jim Crow (New York: Oxford University Press, 1955), chap. 1
-
-
-
-
9
-
-
84963072444
-
-
Howard N. Rabinowitz, More than the Woodward Thesis: Assessing The Strange Career of Jim Crow, Journal of American History 75 (1988): 842
-
Howard N. Rabinowitz, "More than the Woodward Thesis: Assessing The Strange Career of Jim Crow," Journal of American History 75 (1988): 842
-
-
-
-
10
-
-
85038778669
-
-
For a detailed historiography and extensive bibliography of this debate, Rabinowitz, 845-50. Key works include Leon F. Litwack, North of Slavery: The Negro in the Free States, 1790-1860 (Chicago: University of Chicago Press, 1961)
-
For a detailed historiography and extensive bibliography of this debate, see Rabinowitz, 845-50. Key works include Leon F. Litwack, North of Slavery: The Negro in the Free States, 1790-1860 (Chicago: University of Chicago Press, 1961)
-
-
-
-
16
-
-
85038783676
-
-
But legal historians increasingly suspect that Plessy's actual jurisprudential importance has been greatly exaggerated: Stephen J. Riegel, The Persistent Career of Jim Crow: Lower Federal Courts and the 'Separate but Equal' Doctrine, 1865-1896, American Journal of Legal History 28 (1984): 18-10
-
But legal historians increasingly suspect that Plessy's actual jurisprudential importance has been greatly exaggerated: see Stephen J. Riegel, "The Persistent Career of Jim Crow: Lower Federal Courts and the 'Separate but Equal'" Doctrine, 1865-1896," American Journal of Legal History 28 (1984): 18-10
-
-
-
-
18
-
-
84959708810
-
When All the Women Were White, and All the Blacks Were Men: Gender, Class, Race, and the Road to Plessy
-
1995
-
Barbara Young Welke, "When All the Women Were White, and All the Blacks Were Men: Gender, Class, Race, and the Road to Plessy, 1855-1914," Law and History Review 13 (1995): 261-316
-
(1855)
Law and History Review
, vol.13
, pp. 261-316
-
-
Young Welke, B.1
-
19
-
-
85038745942
-
-
and Recasting American Liberty : Gender, Race, Law, and the Railroad Revolution, 1865-1920 (Cambridge: Cambridge University Press, 2001)
-
and Recasting American Liberty : Gender, Race, Law, and the Railroad Revolution, 1865-1920 (Cambridge: Cambridge University Press, 2001)
-
-
-
-
20
-
-
0346590705
-
Separate but Equal' and the Law of Common Carriers in the Era of the Fourteenth Amendment
-
See, for example, Earl M. Maltz, "'Separate but Equal' and the Law of Common Carriers in the Era of the Fourteenth Amendment," Rutgers Law Journal 17 (1986): 553-68
-
(1986)
Rutgers Law Journal
, vol.17
, pp. 553-568
-
-
Maltz, E.M.1
-
21
-
-
10044270754
-
The Failure of Freedom: Class, Gender, and the Evolution of Segregated Transit Law in the Nineteenth-Century South
-
Patricia Hagler Minter, "The Failure of Freedom: Class, Gender, and the Evolution of Segregated Transit Law in the Nineteenth-Century South," Chicago-Kent Law Review 70 (1995): 993-1009
-
(1995)
Chicago-Kent Law Review
, vol.70
, pp. 993-1009
-
-
Hagler Minter, P.1
-
22
-
-
10044275643
-
Law, Society, Identity, and the Making of the Jim Crow South
-
Kenneth W. Mack, "Law, Society, Identity, and the Making of the Jim Crow South," Law and Social Inquiry 24 (1999): 377-109
-
(1999)
Law and Social Inquiry
, vol.24
, pp. 377-109
-
-
Mack, K.W.1
-
26
-
-
85038665920
-
-
Key texts in the historical debate over American liberalism include Oscar Handlin and Mary Flug Handlin, Commonwealth: A Study of the Role of Government in the American Economy: Massachusetts, 1774-1861 (Cambridge: Harvard University Press, 1947)
-
Key texts in the historical debate over American liberalism include Oscar Handlin and Mary Flug Handlin, Commonwealth: A Study of the Role of Government in the American Economy: Massachusetts, 1774-1861 (Cambridge: Harvard University Press, 1947)
-
-
-
-
33
-
-
85038718063
-
-
and Liberalism and Republicanism in the Historical Imagination (Cambridge, Mass.: Harvard University Press, 1992)
-
and Liberalism and Republicanism in the Historical Imagination (Cambridge, Mass.: Harvard University Press, 1992)
-
-
-
-
36
-
-
84959805699
-
The Virtues of Liberalism: Christianity, Republicanism, and Ethics in Early American Political Discourse
-
James T. Kloppenberg, "The Virtues of Liberalism: Christianity, Republicanism, and Ethics in Early American Political Discourse," Journal of American History 74 (1987): 9-33
-
(1987)
Journal of American History
, vol.74
, pp. 9-33
-
-
Kloppenberg, J.T.1
-
37
-
-
85038680175
-
-
and The Virtues of Liberalism (New York: Oxford University Press, 1998), especially chaps. 3, 4, 8, 9
-
and The Virtues of Liberalism (New York: Oxford University Press, 1998), especially chaps. 3, 4, 8, 9
-
-
-
-
38
-
-
84963041652
-
Republicanism: The Career of a Concept
-
Daniel T. Rodgers, "Republicanism: The Career of a Concept," Journal of American History 79 (1992): 11-38
-
(1992)
Journal of American History
, vol.79
, pp. 11-38
-
-
Rodgers, D.T.1
-
39
-
-
0004117013
-
-
For the intersection of this debate with legal history, especially, Cambridge: Cambridge University Press
-
For the intersection of this debate with legal history, see especially Christopher Tomlins, Law, Labor, and Ideology in the Early American Republic (Cambridge: Cambridge University Press, 1993)
-
(1993)
Law, Labor, and Ideology in the Early American Republic
-
-
Tomlins, C.1
-
42
-
-
85038739197
-
-
Among political theorists, questions about liberalism are often situated within a larger scholarly debate about civil society. Key works in this literature include John Rawls, A Theory of Justice (Cambridge: Harvard University Press, 1971)
-
Among political theorists, questions about liberalism are often situated within a larger scholarly debate about civil society. Key works in this literature include John Rawls, A Theory of Justice (Cambridge: Harvard University Press, 1971)
-
-
-
-
46
-
-
0004123406
-
-
South Bend: University of Notre Dame Press
-
Alisdair MacIntyre, After Virtue (South Bend: University of Notre Dame Press, 1984)
-
(1984)
After Virtue
-
-
MacIntyre, A.1
-
47
-
-
0003807937
-
-
trans. Christian Lenhardt and Shierry Weber Nicholson Cambridge: MIT Press
-
Jürgen Habermas, Moral Consciousness and Communicative Action, trans. Christian Lenhardt and Shierry Weber Nicholson (Cambridge: MIT Press, 1990)
-
(1990)
Moral Consciousness and Communicative Action
-
-
Habermas, J.1
-
50
-
-
85038696512
-
-
Eric Foner, Reconstruction: America's Unfinished Revolution, 1863-1877 (New York: Harper & Row, 1988), xxiii-xxiv, 602-12, and generally
-
Eric Foner, Reconstruction: America's Unfinished Revolution, 1863-1877 (New York: Harper & Row, 1988), xxiii-xxiv, 602-12, and generally
-
-
-
-
53
-
-
85038712043
-
-
Robert J. Kaczorowski, The Politics of Judicial Interpretation: The Federal Courts, Department of Justice, and Civil Rights, 1866-1876 (Dobbs Ferry, N.Y.: Oceana, 1985)
-
Robert J. Kaczorowski, The Politics of Judicial Interpretation: The Federal Courts, Department of Justice, and Civil Rights, 1866-1876 (Dobbs Ferry, N.Y.: Oceana, 1985)
-
-
-
-
60
-
-
64949156129
-
-
Little Rock: Little Rock Print. & Pub
-
A Digest of the Statutes of Arkansas (Little Rock: Little Rock Print. & Pub., 1874), 257-60
-
(1874)
A Digest of the Statutes of Arkansas
, pp. 257-260
-
-
-
61
-
-
64949086791
-
Congressional Globe
-
13 May
-
Congressional Globe, 41st Congress, 2nd Session, 13 May 1870, 3434
-
(1870)
41st Congress, 2nd Session
, pp. 3434
-
-
-
62
-
-
64949179673
-
Congressional Globe
-
Session, 9 March
-
Congressional Globe, 42nd Congress, 1st Session, 9 March 1871, 21
-
(1871)
42nd Congress, 1st
, pp. 21
-
-
-
64
-
-
85038739416
-
-
Alfred Avins's The Civil Rights Act of 1875: Some Reflected Light on the Fourteenth Amendment and Public Accommodations, Columbia Law Review 66 (1964): 873-915, provides a useful overview of the Congressional debates over the Act, though Avins was apparently writing in opposition to the Civil Rights Act of 1964
-
Alfred Avins's "The Civil Rights Act of 1875: Some Reflected Light on the Fourteenth Amendment and Public Accommodations," Columbia Law Review 66 (1964): 873-915, provides a useful overview of the Congressional debates over the Act, though Avins was apparently writing in opposition to the Civil Rights Act of 1964
-
-
-
-
65
-
-
85038772399
-
-
The issue of state action under the Fourteenth Amendment was raised because apart from common schools and other public institutions of learning, which were unmistakably state institutions, other establishments covered by the proposed civil rights bill were technically privately owned concerns
-
The issue of state action under the Fourteenth Amendment was raised because apart from "common schools and other public institutions of learning," which were unmistakably state institutions, other establishments covered by the proposed civil rights bill were technically privately owned concerns
-
-
-
-
66
-
-
85038767072
-
-
This is not to suggest that inns preceded carriers each and every time they were mentioned. In some cases this order was reversed, including in the first draft of the proposed Act. But once the debate began in earnest and the wording of the Act was changed on 18 January 1872 to mention inns before carriers the form in which it was finally enacted, Sumner and other supporters of the bill gave precedence to the law of innkeepers. Congressional Globe, 42nd Congress, 2nd Session, 22 January 1872, 487
-
This is not to suggest that inns preceded carriers each and every time they were mentioned. In some cases this order was reversed, including in the first draft of the proposed Act. But once the debate began in earnest and the wording of the Act was changed on 18 January 1872 to mention inns before carriers (the form in which it was finally enacted), Sumner and other supporters of the bill gave precedence to the law of innkeepers. Congressional Globe, 42nd Congress, 2nd Session, 22 January 1872, 487
-
-
-
-
67
-
-
79956471788
-
Congressional Globe
-
15 January
-
Congressional Globe, 42nd Congress, 2nd Session, 15 January 1872, 381-85
-
(1872)
42nd Congress, 2nd Session
, pp. 381-385
-
-
-
68
-
-
79956511609
-
Congressional Record
-
29 April
-
Congressional Record, 43rd Congress, 1st Session, 29 April 1874, 3452-53
-
(1874)
43rd Congress, 1st Session
, pp. 3452-3453
-
-
-
69
-
-
79956477781
-
Congressional Record
-
Session, 19 December
-
Congressional Record, 43rd Congress, 1st Session, 19 December 1873, 340 (Vol. 2, Pt. 1)
-
(1873)
43rd Congress, 1st
, vol.2
, Issue.PART. 1
, pp. 340
-
-
-
70
-
-
79956511608
-
Congressional Record
-
6 January, 2
-
Congressional Record, 43rd Congress, 1st Session, 6 January 1874, 408 (Vol. 2, Pt. 1)
-
(1874)
43rd Congress, 1st Session
, vol.408
, Issue.PART. 1
-
-
-
71
-
-
85038784035
-
-
For further examples, Congressional Globe, 42nd Congress, 2nd Session, 6 February 1872, 843-44
-
For further examples, see Congressional Globe, 42nd Congress, 2nd Session, 6 February 1872, 843-44
-
-
-
-
72
-
-
79956508282
-
Congressional Record
-
6 January, 2
-
Congressional Record, 43rd Congress, 1st Session, 6 January 1874, 423-24, 427 (Vol. 2, Pt. 1)
-
(1874)
43rd Congress, 1st Session
, vol.24-423
, Issue.PART. 1
, pp. 427
-
-
-
74
-
-
79956477850
-
-
78 Mass. 211
-
McCrea v. Marsh, 78 Mass. 211 (1858)
-
(1858)
McCrea v. Marsh
-
-
-
75
-
-
85038756156
-
-
and Burton v. Scherpf, 83 Mass. 133 (1861)
-
and Burton v. Scherpf, 83 Mass. 133 (1861)
-
-
-
-
76
-
-
85038670101
-
-
leadings for which are kept at the Social Law Library, Boston; Julia Griffiths, ed., Autographs for Freedom (Auburn, N.Y.: Alden, Beardsley, 1854)
-
pleadings for which are kept at the Social Law Library, Boston; Julia Griffiths, ed., Autographs for Freedom (Auburn, N.Y.: Alden, Beardsley, 1854)
-
-
-
-
77
-
-
85038796841
-
-
James Kent, Commentaries on American Law (New York: O. Halsted, 1827), 2:464
-
James Kent, Commentaries on American Law (New York: O. Halsted, 1827), 2:464
-
-
-
-
78
-
-
33845309343
-
-
Cambridge, Mass, Hilliard and Brown, chap, vi, art. vii
-
Joseph Story, Commentaries on the Law of Bailments (Cambridge, Mass.: Hilliard and Brown, 1832), chap, vi, art. vii
-
(1832)
Commentaries on the Law of Bailments
-
-
Story, J.1
-
79
-
-
85038675184
-
-
With the advent of the steam locomotive, however, common carrier law grew in importance within American jurisprudence: the 1851 edition of Story's Bailments retained the same ordering and references as the 1832 edition, but two later treatises diverged in this respect: Isaac Redfield's The Law of Carriers of Goods and Passengers, and] the Responsibility and Duty of Innkeepers (Cambridge, Mass, Houghton & Co, 1869) dealt with innkeepers toward the end of the
-
With the advent of the steam locomotive, however, common carrier law grew in importance within American jurisprudence: the 1851 edition of Story's Bailments retained the same ordering and references as the 1832 edition, but two later treatises diverged in this respect: Isaac Redfield's The Law of Carriers of Goods and Passengers . . . [and] the Responsibility and Duty of Innkeepers (Cambridge, Mass.: Houghton & Co., 1869) dealt with innkeepers toward the end of the volume
-
-
-
-
80
-
-
85038728671
-
-
while Isaac Edwards's A Treatise on the Law of Bailments (New York: Banks & Bros., 1878) maintained the older sequence, though without the customary description of carriers in terms of innkeepers
-
while Isaac Edwards's A Treatise on the Law of Bailments (New York: Banks & Bros., 1878) maintained the older sequence, though without the customary description of carriers in terms of innkeepers
-
-
-
-
81
-
-
85038685176
-
-
Foner, Reconstruction, 369, 497-99, 525-28
-
Reconstruction
, vol.369
, Issue.497
, pp. 525-528
-
-
Foner1
-
82
-
-
0346990019
-
The Conservative Tradition in the Writing of American Legal History
-
On the common law
-
On the common law, see Morton J. Horwitz, "The Conservative Tradition in the Writing of American Legal History," American Journal of Legal History 17 (1973): 275
-
(1973)
American Journal of Legal History
, vol.17
, pp. 275
-
-
Horwitz, M.J.1
-
83
-
-
85038666585
-
-
and especially The Transformation of American Law, 1780-1860 (Cambridge: Harvard University Press, 1977), 1-30
-
and especially The Transformation of American Law, 1780-1860 (Cambridge: Harvard University Press, 1977), 1-30
-
-
-
-
86
-
-
85038677369
-
-
the legal treatises cited below, as well as Century Digest, Cases to 1896, v. 2, under Innkeepers St. Paul: West Publishing Co, 1911, My contention that the status of the traveler is the fundamental consideration behind these aspects of the common law puts me into disagreement with Joseph William Singer, who has argued that it is the fact of their being public callings that requires inns, carriers, and other establishments to serve all comers. In refuting the role of travel, he states: If the importance of the right to travel is the basis for placing a duty to serve on inns and common carriers, then surely the duty should extend to businesses that sell food and clothing. In fact, the eighteenth- and nineteenth-century statutes I have cited did often apply to people who sold provisions, then called victuallers. Regarding clothiers, the scarcity of retail clothing stores until relatively recently makes it difficult to come to meaningful c
-
See also the legal treatises cited below, as well as Century Digest, Cases to 1896, v. 2, under "Innkeepers" (St. Paul: West Publishing Co., 1911). My contention that the status of the traveler is the fundamental consideration behind these aspects of the common law puts me into disagreement with Joseph William Singer, who has argued that it is the fact of their being public callings that requires inns, carriers, and other establishments to serve all comers. In refuting the role of travel, he states: "If the importance of the right to travel is the basis for placing a duty to serve on inns and common carriers, then surely the duty should extend to businesses that sell food and clothing." In fact, the eighteenth- and nineteenth-century statutes I have cited did often apply to people who sold provisions, then called victuallers. Regarding clothiers, the scarcity of retail clothing stores until relatively recently makes it difficult to come to meaningful conclusions about their status in early America
-
-
-
-
87
-
-
85038711253
-
-
Notably, the argument that stores partook of the same legal status as inns was in fact deployed by opponents of federal civil rights enforcement in the 1870s: Appendix to the Congressional Globe, 42nd Congress, 2nd Session, 6 February 1872, 28-29 (Pt. 6)
-
Notably, the argument that stores partook of the same legal status as inns was in fact deployed by opponents of federal civil rights enforcement in the 1870s: see Appendix to the Congressional Globe, 42nd Congress, 2nd Session, 6 February 1872, 28-29 (Pt. 6)
-
-
-
-
88
-
-
0004575044
-
-
I agree with Singer's normative argument and recognize the existence of public callings, but the historical record indicates that travelers and strangers did indeed have a special status. No Right to Exclude: Public Accommodations and Private Property, Northwestern University Law Review 90 (1996): 1283-1497, especially 1446
-
I agree with Singer's normative argument and recognize the existence of public callings, but the historical record indicates that travelers and strangers did indeed have a special status. See "No Right to Exclude: Public Accommodations and Private Property," Northwestern University Law Review 90 (1996): 1283-1497, especially 1446
-
-
-
-
89
-
-
79956508265
-
The Innkeeper's Tale: The Legal Development of a Public Calling
-
For an introduction to innkeeper law
-
For an introduction to innkeeper law, see David S. Bogen, "The Innkeeper's Tale: The Legal Development of a Public Calling," Utah Law Review 51 (1996): 51-92
-
(1996)
Utah Law Review
, vol.51
, pp. 51-92
-
-
Bogen, D.S.1
-
92
-
-
85038714879
-
-
Some states referred to the common duties of the innkeeper and provided public penalties for their contravention without naming them specifically, as in The Public Statute Laws of the State of Connecticut Hartford: Hudson & Goodwin, 1808, 640-42
-
Some states referred to the common duties of the innkeeper and provided public penalties for their contravention without naming them specifically, as in The Public Statute Laws of the State of Connecticut (Hartford: Hudson & Goodwin, 1808), 640-42
-
-
-
-
93
-
-
85038658977
-
-
ublic Acts of the General Assembly of North Carolina Newbern: Martin & Ogden
-
See also Public Acts of the General Assembly of North Carolina (Newbern: Martin & Ogden, 1804), 2:122
-
(1804)
, vol.2
, pp. 122
-
-
-
94
-
-
85038666143
-
-
Marbury & Crawford's Digest of Laws of Georgia (Philadelphia: R. Aitken, 1800), 453-54
-
Marbury & Crawford's Digest of Laws of Georgia (Philadelphia: R. Aitken, 1800), 453-54
-
-
-
-
98
-
-
0039537394
-
-
Chicago: Regnery Gateway, Innkeepers were not, however, at liberty to exclude people whose illness was not a danger to other guests and whose removal might result in damage to their health
-
Kym S. Rice, Early American Taverns: For the Entertainment of Friends and Strangers (Chicago: Regnery Gateway, 1983). Innkeepers were not, however, at liberty to exclude people whose illness was not a danger to other guests and whose removal might result in damage to their health
-
(1983)
Early American Taverns: For the Entertainment of Friends and Strangers
-
-
Rice, K.S.1
-
99
-
-
85038732893
-
-
Gilbert v. Hoffman, 66 Iowa 205 (1885)
-
See Gilbert v. Hoffman, 66 Iowa 205 (1885)
-
-
-
-
100
-
-
85038659585
-
-
and McHugh v. Schlosser, 159 Pa. 480 (1894)
-
and McHugh v. Schlosser, 159 Pa. 480 (1894)
-
-
-
-
101
-
-
85038763408
-
-
Generally speaking, nineteenth-century courts gradually reduced innkeepers' discretion over their premises even as they granted railroads broadened prerogative to control their operations. John P. Hankey and A. K. Sandoval-Strausz, The Entrepreneurial Redefinition of Space: Hotels and Railroads in Antebellum America, paper delivered at The Next Social History? conference, Franke Institute for the Humanities, 1998 and the Decennial Digest, Century Edition (St. Paul: West Publishing, 1902), under Carriers and Innkeepers
-
Generally speaking, nineteenth-century courts gradually reduced innkeepers' discretion over their premises even as they granted railroads broadened prerogative to control their operations. See John P. Hankey and A. K. Sandoval-Strausz, "The Entrepreneurial Redefinition of Space: Hotels and Railroads in Antebellum America," paper delivered at "The Next Social History?" conference, Franke Institute for the Humanities, 1998 and the Decennial Digest, Century Edition (St. Paul: West Publishing, 1902), under "Carriers" and "Innkeepers."
-
-
-
-
102
-
-
85038786848
-
-
On linkage of liquor and accommodation, A Collection of All Such Acts of the General Assembly of Virginia . . . (Richmond: S. Pleasants, 1814), 284-87
-
On linkage of liquor and accommodation, see A Collection of All Such Acts of the General Assembly of Virginia . . . (Richmond: S. Pleasants, 1814), 284-87
-
-
-
-
103
-
-
85038795288
-
-
and General Laws of Pennsylvania 1700-1849 (Philadelphia: Johnson, 1849), 598
-
and General Laws of Pennsylvania 1700-1849 (Philadelphia: Johnson, 1849), 598
-
-
-
-
105
-
-
85038798730
-
-
and Commonwealth v. Shortridge, 6 Marsh. 631 (1830);
-
and see also Commonwealth v. Shortridge, 6 Marsh. 631 (1830)
-
-
-
-
107
-
-
85038673441
-
-
State v. Wynne, 8 N. C. 451 (1821)
-
State v. Wynne, 8 N. C. 451 (1821)
-
-
-
-
108
-
-
85038672640
-
-
On price-setting, The Laws of Maryland (Baltimore: Nicklin & Co., 1811), 1:392
-
On price-setting, see also The Laws of Maryland (Baltimore: Nicklin & Co., 1811), 1:392
-
-
-
-
109
-
-
79956477752
-
-
ortland: Thos. Todd
-
Laws of the State of Maine (Portland: Thos. Todd, 1834), 75, 698
-
(1834)
Laws of the State of Maine
, vol.75
, pp. 698
-
-
-
110
-
-
85038717980
-
-
On Sabbath exception, General Laws of Massachusetts, 407
-
On Sabbath exception, see also General Laws of Massachusetts, 407
-
-
-
-
111
-
-
85038707024
-
-
and Digest of Laws of Georgia, 481
-
and Digest of Laws of Georgia, 481
-
-
-
-
113
-
-
85038781335
-
-
Story, Bailments, chap. vi, art. vii, §464. These treatise-writers also noted that while the presumption of guilt in English common law was related to the low repute in which innkeepers were held, the higher social status of American hosts, who were as often as not the equals of their guests, did not serve to lessen the burdens placed on innkeepers at law
-
Story, Bailments, chap. vi, art. vii, §464. These treatise-writers also noted that while the presumption of guilt in English common law was related to the low repute in which innkeepers were held, the higher social status of American hosts, who were as often as not the equals of their guests, did not serve to lessen the burdens placed on innkeepers at law
-
-
-
-
115
-
-
85038698334
-
-
Laws of the State of Connecticut
-
Laws of the State of Connecticut, 640
-
, vol.640
-
-
-
117
-
-
85038744216
-
-
Nor was public oversight of inns purely restrictive: the state of New York actively encouraged the maintenance of inns in remote yet important locations by easing licensing requirements for establishments that were rarely visited but were nevertheless of public utility. Laws of the Colony of New York (Albany: Lyon, 1888-), 11th Session, 710
-
Nor was public oversight of inns purely restrictive: the state of New York actively encouraged the maintenance of inns in remote yet important locations by easing licensing requirements for establishments that were rarely visited but were "nevertheless of public utility." See Laws of the Colony of New York (Albany: Lyon, 1888-), 11th Session, 710
-
-
-
-
118
-
-
85038795860
-
-
Laws of Maryland, 396
-
Laws of Maryland, 396
-
-
-
-
119
-
-
85038706810
-
-
and Laws of Pennsylvania, 600
-
and see also Laws of Pennsylvania, 600
-
-
-
-
122
-
-
85038736593
-
-
The Diary of Robert Love, P-363 of the Pre-Revolutionary War Diaries at the Massachusetts Historical Society; Charles Z. Lincoln, The Colonial Laws of New York from the Year 1664 to the Revolution (Albany: J. B. Lyon, 1894), 100
-
"The Diary of Robert Love," P-363 of the Pre-Revolutionary War Diaries at the Massachusetts Historical Society; Charles Z. Lincoln, The Colonial Laws of New York from the Year 1664 to the Revolution (Albany: J. B. Lyon, 1894), 100
-
-
-
-
124
-
-
85038698946
-
-
and Laws of the State of Connecticut, 641-12
-
and Laws of the State of Connecticut, 641-12
-
-
-
-
125
-
-
84933492542
-
Ignoring History: The Liability of Ships' Masters, Innkeepers and Stablekeepers under Roman Law
-
For the ancient Roman and medieval English origins of innkeeper law
-
For the ancient Roman and medieval English origins of innkeeper law, see David S. Bogen, "Ignoring History: The Liability of Ships' Masters, Innkeepers and Stablekeepers under Roman Law," American Journal of Legal History 36 (1992): 326-60
-
(1992)
American Journal of Legal History
, vol.36
, pp. 326-360
-
-
Bogen, D.S.1
-
128
-
-
85038676665
-
-
chap, vi, art. vii, §467
-
Story, Bailments, chap, vi, art. vii, §467
-
Bailments
-
-
Story1
-
131
-
-
85038659578
-
-
William Blackstone, Commentaries on the Laws of England (Oxford: Clarendon Press, 1765-1769), 1:13.402
-
William Blackstone, Commentaries on the Laws of England (Oxford: Clarendon Press, 1765-1769), 1:13.402
-
-
-
-
132
-
-
85038667976
-
-
and 14.417-18
-
and 14.417-18
-
-
-
-
133
-
-
85038756372
-
-
2:30.451
-
2:30.451
-
-
-
-
134
-
-
85038725602
-
-
3:9.164
-
3:9.164
-
-
-
-
135
-
-
85038756560
-
-
4:13.168
-
4:13.168
-
-
-
-
137
-
-
85038709719
-
-
A. K. Sandoval-Strausz, For the Accommodation of Strangers: Urban Space, Travel, Law, the Market, and Modernity at the American Hotel, 1789-1908 (Ph.D. diss., University of Chicago, 2002), chaps. 1, 2, 4
-
A. K. Sandoval-Strausz, "For the Accommodation of Strangers: Urban Space, Travel, Law, the Market, and Modernity at the American Hotel, 1789-1908" (Ph.D. diss., University of Chicago, 2002), chaps. 1, 2, 4
-
-
-
-
143
-
-
85038685685
-
-
Some scholars, most notably Charles Sellers in The Market Revolution: Jacksonian America, 1815-1846 (New York: Oxford University Press, 1991), have attributed all these changes to the rapid penetration of capitalism into various spheres of everyday life. While I agree that market relations were transformative in this period, such arguments, when drawn too briefly or broadly, lose their explanatory force and obfuscate rather than elucidate; for this reason I have chosen to avoid elaborating such an argument in this article
-
Some scholars, most notably Charles Sellers in The Market Revolution: Jacksonian America, 1815-1846 (New York: Oxford University Press, 1991), have attributed all these changes to the rapid penetration of capitalism into various spheres of everyday life. While I agree that market relations were transformative in this period, such arguments, when drawn too briefly or broadly, lose their explanatory force and obfuscate rather than elucidate; for this reason I have chosen to avoid elaborating such an argument in this article
-
-
-
-
144
-
-
0002011316
-
-
For commentary on the promise and problems of theories of market revolution, Melvyn Stokes and Stephen Conway, eds, Charlottesville: University Press of Virginia
-
For commentary on the promise and problems of theories of market revolution, see Melvyn Stokes and Stephen Conway, eds., The Market Revolution in America: Social, Political, and Religious Expressions, 1800-1880 (Charlottesville: University Press of Virginia, 1996)
-
(1996)
The Market Revolution in America: Social, Political, and Religious Expressions, 1800-1880
-
-
-
145
-
-
58149340158
-
The Market Revolution Ate My Homework
-
and Daniel Feller, "The Market Revolution Ate My Homework," Reviews in American History 25 (1997): 408-15
-
(1997)
Reviews in American History
, vol.25
, pp. 408-415
-
-
Feller, D.1
-
146
-
-
85038661392
-
-
Markham v. Brown, 8 N. H. 523 (1837), 525-26, 529. It is worth noting that the English common law did not expand privileges in an inn beyond travelers themselves
-
Markham v. Brown, 8 N. H. 523 (1837), 525-26, 529. It is worth noting that the English common law did not expand privileges in an inn beyond travelers themselves
-
-
-
-
147
-
-
85038791700
-
-
Holder v. Soulby, 8 C.B. 254 (1860), 256
-
See, for example, Holder v. Soulby, 8 C.B. 254 (1860), 256
-
-
-
-
148
-
-
79956457146
-
The Queen v. Rymer, 2
-
The Queen v. Rymer, 2 Q.B.D. 136 (1877)
-
(1877)
Q.B.D
, vol.136
-
-
-
149
-
-
85038767833
-
-
Lamond v. Richard and the Gordon Hotels, Limited, 1 Q.B. 541 (1897)
-
Lamond v. Richard and the Gordon Hotels, Limited, 1 Q.B. 541 (1897)
-
-
-
-
150
-
-
85038687683
-
-
5 Har, Del, 494
-
State v. Whitby, 5 Har. (Del.) 494 (1854)
-
(1854)
State v. Whitby
-
-
-
151
-
-
85038749474
-
-
For the leading case law on the duties of board and hearth, Mason v. Thompson, 9 Pick. (Mass.) 280 (1830)
-
For the leading case law on the duties of "board" and "hearth," see Mason v. Thompson, 9 Pick. (Mass.) 280 (1830)
-
-
-
-
152
-
-
85038753791
-
-
Wintermute v. Clarke, 5 Sandf. (N.Y.) 242 (1851)
-
Wintermute v. Clarke, 5 Sandf. (N.Y.) 242 (1851)
-
-
-
-
153
-
-
85038794758
-
-
Walling v. Potter, 35 Conn. 183 (1868)
-
Walling v. Potter, 35 Conn. 183 (1868)
-
-
-
-
154
-
-
85038761729
-
-
Note that the extension of travelers' protections to local residents was often contested, as in Thickstun v. Howard, 8 Blackf. (Ind.) 535 (1847)
-
Note that the extension of travelers' protections to local residents was often contested, as in Thickstun v. Howard, 8 Blackf. (Ind.) 535 (1847)
-
-
-
-
155
-
-
79956463582
-
-
Ingalsbee v. Wood, 33 N.Y. 577 (1865)
-
(1865)
Wood
, vol.33
, Issue.Y
, pp. 577
-
-
Ingalsbee, V.1
-
156
-
-
85038663569
-
-
On common carrier law, Jencks v. Coleman, 2 Sumn. (Mass.) 221 (1835)
-
On common carrier law, see Jencks v. Coleman, 2 Sumn. (Mass.) 221 (1835)
-
-
-
-
157
-
-
85038658839
-
-
Bennett v. Dutton, 10 N.H. 481 (1839)
-
Bennett v. Dutton, 10 N.H. 481 (1839)
-
-
-
-
158
-
-
85038795274
-
-
Wheeler v. San Francisco & A. R. Co., 31 Cal. 46 (1866)
-
Wheeler v. San Francisco & A. R. Co., 31 Cal. 46 (1866)
-
-
-
-
159
-
-
85038747544
-
-
Tarbell v. Central Pacific R. Co., 34 Cal. 616 (1868)
-
Tarbell v. Central Pacific R. Co., 34 Cal. 616 (1868)
-
-
-
-
160
-
-
85038788908
-
-
ittsburgh, C. & St. L. Ry. Co. v. Vandyne, 57 Ind. 576 (1877)
-
Pittsburgh, C. & St. L. Ry. Co. v. Vandyne, 57 Ind. 576 (1877)
-
-
-
-
161
-
-
85038738186
-
-
Brown v. Memphis & C. R. Co., 5 Fed. 499 (1880)
-
Brown v. Memphis & C. R. Co., 5 Fed. 499 (1880)
-
-
-
-
162
-
-
85038745285
-
-
Brown v. Memphis & C. R. Co., 7 Fed 51 (1881)
-
Brown v. Memphis & C. R. Co., 7 Fed 51 (1881)
-
-
-
-
163
-
-
85038717035
-
-
Atwater v. Delaware, L. & W. R. Co., 48 N.J. Law 55 (1886)
-
Atwater v. Delaware, L. & W. R. Co., 48 N.J. Law 55 (1886)
-
-
-
-
164
-
-
85038659855
-
-
The federal cases indicate that courts increasingly scrutinized the exclusion of women on the basis of reputation for chastity. On the relative development of innkeeper and common carrier law, their respective sections in the American Digest, Century Edition St. Paul: West Publishing, 1902, The severing of the relationship between travel and liquor retailing is perhaps most unequivocally demonstrated by the rise of the saloon, a drinking establishment that lacked any apparent connection to the accommodation of wayfarers. Notably, late nineteenth-century efforts to control public drinking sometimes involved the reimposition of older standards, as with the 1896 Raines Law's requirement that some saloonkeepers maintain beds on the premises
-
The federal cases indicate that courts increasingly scrutinized the exclusion of women on the basis of "reputation for chastity." On the relative development of innkeeper and common carrier law, see their respective sections in the American Digest, Century Edition (St. Paul: West Publishing, 1902). The severing of the relationship between travel and liquor retailing is perhaps most unequivocally demonstrated by the rise of the saloon, a drinking establishment that lacked any apparent connection to the accommodation of wayfarers. Notably, late nineteenth-century efforts to control public drinking sometimes involved the reimposition of older standards, as with the 1896 Raines Law's requirement that some saloonkeepers maintain beds on the premises
-
-
-
-
168
-
-
85038744117
-
-
Adams v. Freeman, 12 Johnson (N.Y.) 408 (1816), an apparent outlier on the restriction of privileges to travelers
-
See, for example, Adams v. Freeman, 12 Johnson (N.Y.) 408 (1816), an apparent outlier on the restriction of privileges to travelers
-
-
-
-
172
-
-
79956457053
-
-
1 Phila, Pa, 426 , 436
-
Commonwealth v. Mitchet, 1 Phila. (Pa.) 426 (1850), 436, 439-10
-
(1850)
Commonwealth v. Mitchet
, pp. 439-510
-
-
-
173
-
-
79956457099
-
Congressional Globe
-
Session, 21 December
-
Congressional Globe, 42nd Congress, 2nd Session, 21 December 1871, 279-80
-
(1871)
42nd Congress, 2nd
, pp. 279-280
-
-
-
174
-
-
85038793972
-
-
Congressional Globe, 42nd Congress, 2nd Session, 8 February 1872, 892-93 and 9 February 1872, 928
-
Congressional Globe, 42nd Congress, 2nd Session, 8 February 1872, 892-93 and 9 February 1872, 928
-
-
-
-
175
-
-
85038685883
-
-
Appendix to the Congressional Record, 43rd Congress, 1st Session, 29 May 1874, 341-14 (2, Part 6)
-
Appendix to the Congressional Record, 43rd Congress, 1st Session, 29 May 1874, 341-14 (Vol. 2, Part 6)
-
-
-
-
176
-
-
85038716937
-
-
Appendix to the Congressional Record, 43rd Congress, 1st Session, 22 May 1874, 363 (2, Part 6)
-
Appendix to the Congressional Record, 43rd Congress, 1st Session, 22 May 1874, 363 (Vol. 2, Part 6)
-
-
-
-
177
-
-
79956502405
-
Acts of the 39th Tennessee General Assembly
-
Acts of the 39th Tennessee General Assembly, 1st Session (1875), 216-17
-
(1875)
1st Session
, pp. 216-217
-
-
-
178
-
-
79956471707
-
-
Wilmington: Mercantile Printing, 440 Ch 194 passed 25 March
-
Revised Statutes of the State of Delaware (Wilmington: Mercantile Printing, 1893) 440 (Ch 194 Vol. 15, passed 25 March 1875)
-
(1875)
Revised Statutes of the State of Delaware
, vol.15
-
-
-
179
-
-
84903330629
-
The Enforcement of the Civil Rights Act of 1875
-
John Hope Franklin, "The Enforcement of the Civil Rights Act of 1875," Prologue (1974): 226-28
-
(1974)
Prologue
, pp. 226-228
-
-
Hope Franklin, J.1
-
182
-
-
85038803284
-
-
For details of state laws, Compiled Statutes of New Jersey (Newark: Soney & Sage, 1911), 1442
-
For details of state laws, see Compiled Statutes of New Jersey (Newark: Soney & Sage, 1911), 1442
-
-
-
-
184
-
-
85038795497
-
-
Revised Statutes of the State of Indiana (Chicago: E. B. Myers, 1888), § 1291a
-
Revised Statutes of the State of Indiana (Chicago: E. B. Myers, 1888), § 1291a
-
-
-
-
185
-
-
85038728099
-
-
Revised Statutes of Colorado (Denver: Smith-Brooks, 1908), §609
-
See also Revised Statutes of Colorado (Denver: Smith-Brooks, 1908), §609
-
-
-
-
188
-
-
85038721791
-
-
Annotated Revised Statutes of the State of Ohio (Cincinnati: W. H. Anderson, 1898), §4426-1
-
Annotated Revised Statutes of the State of Ohio (Cincinnati: W. H. Anderson, 1898), §4426-1
-
-
-
-
192
-
-
85038790991
-
-
Welke, Recasting American Liberty, chap. 9, esp. 343-18, 358-64
-
Welke, Recasting American Liberty, chap. 9, esp. 343-18, 358-64
-
-
-
-
199
-
-
84972270074
-
Regulation in America: A Review Article
-
Thomas K. McCraw, "Regulation in America: A Review Article," Business History Review 49 (1975): 159-83
-
(1975)
Business History Review
, vol.49
, pp. 159-183
-
-
McCraw, T.K.1
-
200
-
-
0003736594
-
-
Cambridge: Belknap Press of Harvard University
-
McCraw, Prophets of Regulation (Cambridge: Belknap Press of Harvard University, 1984)
-
(1984)
Prophets of Regulation
-
-
McCraw1
-
207
-
-
85038737562
-
-
Morgan v. Virginia, 328 U.S. 373 (1946)
-
Morgan v. Virginia, 328 U.S. 373 (1946)
-
-
-
-
208
-
-
79956463395
-
-
339 U.S. 816
-
Henderson v. United States, 339 U.S. 816 (1950). There had been two earlier legal victories in lawsuits brought by the NAACP and other private plaintiffs - in Nixon v. Herndon (1927)
-
(1950)
Henderson v. United States
-
-
-
212
-
-
79956502324
-
-
Donald R. McCoy and Richard T. Ruetten, Quest and Response: Minority Rights and the Truman Administration (Lawrence: University Press of Kansas, 1973), 10. In recognizing the continuities between nineteenth- and twentieth-century antidiscrimination law, it is important to note, first, that Mitchell was not the first time that American courts had upheld equality in transportation under the ICC; and second, that the Court recognized this, its verdict in Morgan citing key nineteenth-century rulings involving interstate transportation
-
(1973)
Quest and Response: Minority Rights and the Truman Administration
, vol.10
-
-
McCoy, D.R.1
Ruetten, R.T.2
-
213
-
-
0043218269
-
-
the text of the rulings and
-
See the text of the rulings and Welke, Recasting American Liberty, 358-75
-
Recasting American Liberty
, pp. 358-375
-
-
Welke1
-
215
-
-
84962994467
-
-
For an excellent review of the historiography of the effect of Brown, Michael J. Klarman, How Brown Changed Race Relations: The Backlash Thesis, Journal of American History 81 (1994): 81-118
-
For an excellent review of the historiography of the effect of Brown, see Michael J. Klarman, "How Brown Changed Race Relations: The Backlash Thesis," Journal of American History 81 (1994): 81-118
-
-
-
-
217
-
-
7644242524
-
-
Tuscaloosa: University of Alabama Press, , especially 47 on the relationship between the boycott and the Brown decision
-
J. Mills Thornton III, Dividing Lines: Municipal Politics and the Struggle for Civil Rights in Montgomery, Birmingham, and Selma (Tuscaloosa: University of Alabama Press, 2002), 20-140, especially 47 on the relationship between the boycott and the Brown decision
-
(2002)
Dividing Lines: Municipal Politics and the Struggle for Civil Rights in Montgomery, Birmingham, and Selma
, pp. 20-140
-
-
Mills Thornton III, J.1
-
223
-
-
85038773512
-
-
New York: Columbia University Press
-
Jack Greenberg, Race Relations and American Law (New York: Columbia University Press, 1959), 81-87, 96-101
-
(1959)
Race Relations and American Law
, vol.81-87
, pp. 96-101
-
-
Greenberg, J.1
-
228
-
-
0013504956
-
-
165-169, 193-199
-
Dittmer, Local People, 153-57, 165-69, 193-99
-
Local People
, pp. 153-157
-
-
Dittmer1
-
234
-
-
85038737538
-
-
Brief of Appellees in Heart of Atlanta v. U. S., 8-13, 38-39, 42-13, 53-54
-
Brief of Appellees in Heart of Atlanta v. U. S., 8-13, 38-39, 42-13, 53-54
-
-
-
-
235
-
-
85038799357
-
Amicus Curiae
-
Brief of the Attorney General of the State of New York as
-
Brief of the Attorney General of the State of New York as Amicus Curiae in Support of Affirmance, 1, 3-10
-
Support of Affirmance
, vol.1
, pp. 3-10
-
-
-
236
-
-
85038788958
-
-
Brief of the State of California as
-
Brief of the State of California as Amicus Curiae, 1, 4-8
-
Amicus Curiae
, vol.1
, pp. 4-8
-
-
-
237
-
-
85038668617
-
-
Amicus Curiae Brief on Behalf of the Commonwealth of Massachusetts, 1, 16. This is not to say that economic arguments were not made in briefs before the Supreme Court, but rather that these points were secondary, made only after lengthy appeals to the need to protect black travelers
-
Brief on Behalf of the Commonwealth of Massachusetts
, vol.1
, pp. 16
-
-
Curiae, A.1
-
238
-
-
85038738658
-
-
61
-
Brief of Appellees, 56-59, 61. The New York State amicus brief invoked innkeeper law in the same context: "The Civil Rights Act of 1964 only deprives operators of public places catering to transients of the freedom to deny their accommodations to a segment of the public, a so-called freedom that innkeepers never had under the common law." State of New York as Amicus Curiae, 9-10
-
Brief of Appellees
, pp. 56-59
-
-
-
240
-
-
0142207132
-
-
Washington, D.C.: University Publications of America, , 15-16, 21-25, 44-53
-
Oral argument transcript from Philip B. Kurland et al., eds., Landmark Briefs and Arguments of the Supreme Court of the United States: Constitutional Law (Washington, D.C.: University Publications of America, 1975-), v. 60, 15-16, 21-25, 44-53
-
(1975)
Landmark Briefs and Arguments of the Supreme Court of the United States: Constitutional Law
, vol.5
, pp. 60
-
-
Kurland, P.B.1
-
241
-
-
85038704777
-
-
Cox also made specific reference to the common law in refuting Rolleston's Thirteenth Amendment argument, observing that the motel's attorney was effectively claiming "that the Anglo-American common law for centuries has subjected to slavery innkeepers, hackmen, carriers, wharfage men, terriers, all kinds of other people holding themselves out to serve the public." See Kurland, 42
-
, vol.42
-
-
Kurland1
-
243
-
-
77950671032
-
-
379 U.S. 294 , 300
-
See Katzenbach v. McClung, 379 U.S. 294 (1964), 300
-
(1964)
Katzenbach v. McClung
-
-
-
244
-
-
85038792021
-
-
[It but] emphasizes the soundness of this Court's early conclusion in Hall v. DeCuir, 95 U.S. 485
-
[It but] emphasizes the soundness of this Court's early conclusion in Hall v. DeCuir, 95 U.S. 485."
-
-
-
-
246
-
-
85038745273
-
-
88th Congress, 2d Session, Senate, Report No. 872, "Civil Rights - Public Accommodations" Senate Commerce Committee, submitted February 10, 1964, and Report No. 872, Appendix A, by Senator Winston L. Prouty (Washington, D.C.: Government Printing Office, 1964); Papers of Earl Warren, Container No. 267, Case No. 515, 1964 Term, Bench Memo; Papers of William J. Brennan, Jr., Part I: 127, Case File No. 64-515; Papers of William O. Douglas, Container No. 1348
-
-
-
-
247
-
-
0003762703
-
-
New York: Simon & Schuster
-
See, for example, Lawrence M. Friedman, A History of American Law (New York: Simon & Schuster, 1973), 576-80
-
(1973)
A History of American Law
, pp. 576-580
-
-
Friedman, L.M.1
|