The wrongful death statutes enacted in most states during the mid-nineteenth century have long represented a classic moment in the narrative of American legal history. Historians have not observed, however, that American wrongful death statutes amended the English act on which they were modeled to introduce a gender asymmetry peculiar to the United States. Led by New York, most American jurisdictions limited wrongful death actions to “the widow and next of kin” of the decedent, categories that did not include husbands of deceased wives. Thus, a wife could bring a wrongful death action for the death of her husband, but a husband could not bring a wrongful death action on his own behalf for the death of his wife.

The wrongful death statutes represent a heretofore unrecognized conjuncture of the beginnings of the modem law of torts with the nineteenth-century legal reconstruction of the family. The statutes mowed accident litigation away from an eighteenth-century model of masters suing for loss of the services of a servant, slave, wife, or child, toward the now more familiar model of suits for loss of wages and support. Moreover, the gender asymmetry of the statutes embodied and reproduced a new nineteenth-century conception of the family in which men worked as free laborers and women were confined to relatively narrow domestic roles, removed from the market and dependent for their support on the wages of their husbands. Indeed, the statutes anticipated by over half a century the American welfare state's two-track approach to support for wage-earning men and dependent women.

The new model for economic and political renovation mandates the entrenchment, beyond the reach of majoritarian control, of rules for the free movement of transnational capital. This “new constitutionalism” removes key aspects of economic life from the influence of domestic politics within nation states. A manifestation of this new orthodoxy is the network of bilateral investment treaties designed to ensure foreign investors security from “discrimination” and “expropriation,” and conferring standing on investors to sue in the event that their investment interests are impaired. This paper examines the agency of the state in promoting this self-binding regime of investment rules and its potential impact on domestic constitutional regimes. Of particular concern here are constitutional arrangements that protect property, such as that recently enacted in the Republic of South Africa, that deviate from the norms expressed in the transnational investment-rules regime.

Using a mixture of court docket data and case files, we construct a data set of business litigation in Rhode Island Superior Court during 1987 and 1988. Business litigation is defined as a suit involving an economic firm as both a plaintiff and a defendant. The empirical analysis complements recent scholarship providing answers to descriptive questions about the frequency, nature of, parties to, and intensity of the business litigation docket. Using Standard Industrial Classification (SIC) codes, indicators of industry participation in litigation are developed, and positive analysis undertaken to explain variation across industries. Several hypothesis are developed and tested using quantitative analysis. We conclude that contextual economic conditions favoring the creation of long-term business relationships help prevent litigation between firms.

Students of the intersection between monetary transfers and intimate social relations face a choice among three ways of analyzing that relationship: as hostile worlds whose contact contaminates one or the other; as nothing but market transactions, cultural constructions, or coercion; or as differentiated ties, each marked by a distinctive set of monetary transfers. A review of payment practices, legal disputes, and recent legal theory illustrates the weakness of the first two views and the desirability of further pursuing the third alternative.

When death row inmates elect to waive appeals and proceed directly to execution a series of problematic legal and ethical questions are raised. This article examines the ethics of volunteering from the perspective of death row inmates'defense attorneys. Studying attorneys is important for two reasons: since they are charged with protecting their clients' interests they must resolve the difficult question of whether death is ever in someone's best interest; and perhaps more important, most death row defense attorneys are themselves against the death penalty and must thus negotiate between their clients' desire for execution and their own personal value systems. Interviews were conducted with 20 attorneys who have participated in representing would-be volunteers. Qualitative analysis suggests that most are faced with profound ethical dilemmas, both professional and personal, when a client elects to waive appeals. This article explores how attorneys interpret, experience, and resolve those dilemmas.

Legalizing Gender Inequality results from a decade of research in which Robert Nelson, a sociologist of law, combined forces with William Bridges, a sociologist who has studied labor markets. This combination led to an unusual and creative approach. The authors chose four class-action court cases involving sex discrimination in pay, and did in-depth studies of the judicial decisions, testimony, exhibits, and depositions from each. They also obtained and reanalyzed statistical data sets involved in the cases and, where possible, interviewed key actors.