Book Review: Legal Realism and American Law by J. Zaremby

At a first glance, the concept of realism appears somewhat dated, belonging to a particular epoch of legal scholarship. Being essentially a movement that had emerged during 1920s “out of a fundamentally progressive mood” [1] and gradually has fallen by the wayside since, it may appear as a quaint historic notion that a few dedicated academics grew to be fond of perusing, in a way reminiscent of an interest in pennyfarthing bicycles or silent film. Continue reading

Loyalist Lawyers: Exiles from the American Revolution

For my book project, I’m investigating lawyers who lived in 18th century Boston, Philadelphia, and Charleston. Towards the end of the century, these individuals took a leading role in conducting the American Revolution, and also in the creation of the legal structures that became new state governments and the national government of the United States. As lawyers, they were also a bit of a closed community, speaking an arcane language filled with terms that others could not understand unless they shared the same training: words like fee tail male, executrix, intestacy, writs of attachment, or tripartite bonds were their stock in trade, plus Latin tags for every occasion. Being part of this community of men trained in the same field held them apart from all others, as well as holding them together in a sort of invisible association. Continue reading