Martin's "Cherokee Supreme Court"

 J. Matthew Martin, an Administrative Law Judge with the Social Security Administration who for over a decade served as Associate Judge of the Cherokee Court, the Tribal Court for the Eastern Band of Cherokee Indians, has published The Cherokee Supreme Court with Carolina Academic Press.

The first legal history of the first tribal court upends long-held misconceptions about the origins of Westernized tribal jurisprudence. This book demonstrates how the Cherokee people—prior to their removal on the Trail of Tears—used their judicial system as an external exemplar of American legal values, while simultaneously deploying it as a bulwark for tribal culture and tradition in the face of massive societal pressure and change.

Extensive case studies document the Cherokee Nation's exercise of both criminal and civil jurisdiction over American citizens, the roles of women and language in the Supreme Court, and how the courts were used to regulate the slave trade among the Cherokees. Although long-known for its historical value, the legal significance of the Cherokee Supreme Court has not been explored until now.

–Dan Ernst

Read More

Johann Sebastian Bach: Sonata for Solo Violin No.1, BWV 1001, 1. Adagio | Niccolò Paganini: Caprice No. 24 | Eugène Ysaÿe: Sonata for Solo Violin in G major – Daniel Lozakovich (HD 1080p)

The young Swedish virtuoso violinist Daniel Lozakovich plays the Adagio from the Sonata for Solo Violin No.1, BWV 1001 by Johann Sebastian Bach, the Caprice in A minor, Op.1 No.24 by Niccolò Paganini, and the Sonata for Solo Violin in G major, Op.27 No.5 by Eugène Ysaÿe. Recorded at the Verbier Festival, in the Russian Orthodox Church of Geneva, Switzerland, on July 18, 2020.

Johann Sebastian Bach (1685-1750)

♪ Sonata for SoloViolin No.1, BWV 1001, 1. Adagio (1720) [00:00]*

Niccolò Paganini (1782-1840)

♪ Caprice in A minor, Op.1 No.24 (1807) [05:03]

Eugène Ysaÿe (1858-1931)

♪ Sonata for Solo Violin in G major, Op.27 No.5 (1923) [10:11]

Daniel Lozakovich, violin

Verbier Festival, Russian Orthodox Church of Geneva, July 18, 2020

(HD 1080p)

* Start time of each work

"Lozakovich is a serious artist and demands to be taken seriously; he already plays like one of the greats, or perhaps one should say like one of the great players of the past. His tone... resonates with the Romantic warmth of such forebears as Christian Ferras or Jascha Heifetz." — Hamburger Abendblatt, August 2019

Daniel Lozakovich, whose majestic music-making leaves both critics and audiences spellbound, was born in Stockholm in 2001 and began playing the violin when he was almost seven. He made his solo debut two years later with the Moscow Virtuosi Chamber Orchestra and Vladimir Spivakov in Moscow, and before long had performed with, among others, the Royal Stockholm Philharmonic, the Moscow Philharmonic and the Royal Liverpool Philharmonic orchestras, the Orchestre National de France and the Swedish Radio Symphony Orchestra.

Daniel has since gone on to work regularly with other such leading orchestras as the Orchestre de la Suisse Romande, Orchestre National du Capitole de Toulouse, Gothenburg Symphony Orchestra, Orchestra Sinfonica Nazionale della Rai and Orchester der Komischen Oper Berlin, and with some of the world's most eminent conductors, including Vasily Petrenko, Leonard Slatkin, Andris Nelsons, Semyon Bychkov, Neeme Järvi, Klaus Mäkelä, Robin Ticciati and Lahav Shani. His chamber music partners, meanwhile, include Emanuel Ax, Khatia Buniatishvili, Seong-Jin Cho, Sergei Babayan, Martin Fröst, Renaud Capuçon, Daniel Hope, Shlomo Mintz and Maxim Vengerov.

The violin grapevine was buzzing with news about the amazing youngster from Sweden long before Daniel made his international breakthrough in May 2016, when he hit the headlines worldwide as winner of the Vladimir Spivakov International Violin Competition and, soon after, as returning soloist with the Mariinsky Orchestra under Valery Gergiev in the closing concert of the XV Moscow Easter Festival. He signed an exclusive contract with Deutsche Grammophon in June 2016, soon after his 15th birthday. The deal made him the youngest member of DG's family of artists. It also reinforced his status as a one-in-a-million virtuoso blessed with an entrancing range of expression and musicianship.

Shortly before he signed with the Yellow Label, Daniel was invited by fellow DG artist Daniel Hope to join him in recording a selection of Bartók's Duos for two violins for Hope's My Tribute to Yehudi Menuhin album. Lozakovich's first full recording for Deutsche Grammophon, made with the Kammerorchester des Symphonieorchesters des Bayerischen Rundfunks, was released in June 2018 and featured Bach's two concertos for violin and orchestra (BWV 1041 and 1042), and his Partita No.2 in D minor BWV 1004 for solo violin. His debut album was a great success, reaching No.1 in the French Amazon charts (all music categories), and No.1 in Germany's classical album chart.

None but the Lonely Heart, Lozakovich's second album, was released in October 2019. Dedicated to the music of Tchaikovsky, it includes the Violin Concerto, recorded live with the National Philharmonic Orchestra of Russia and Spivakov ("a committed, restrained and profound reading, of peerless musicality", classiquenews.com), the Méditation for violin and orchestra and arrangements of two vocal works, Lensky's Aria from Eugene Onegin and the song from which the album takes its name: the Romance, Op.6 No.6, "None but the lonely heart".

For his latest album Daniel has joined forces with his mentor Gergiev and the Münchner Philharmoniker to celebrate the 250th anniversary of Beethoven's birth with a live recording of the composer's Violin Concerto, a work he considers "the greatest concerto ever written". Available as an e-album video since 5 June 2020, the recording is set for release on CD and as an e-album on 21 August.

Having begun the 2019-2020 season by performing Prokofiev's Second Violin Concerto with the Mariinsky Orchestra and Gergiev in Montreux and Bruch's Violin Concerto No.1 with the RTÉ National Symphony Orchestra and Nathalie Stutzmann in Dublin, Daniel then travelled to the US to make a much anticipated debut with the LA Philharmonic and Esa-Pekka Salonen, giving three performances of the Tchaikovsky Concerto. In November he returned to the US for further appearances in the Tchaikovsky, making his subscription series debut with the Boston Symphony Orchestra under Nelsons, before performing the same work in Toronto and at the Gulbenkian in Lisbon. He ended 2019 with a series of appearances in Munich and Amsterdam, playing the Beethoven Concerto with the Munich Philharmonic and Gergiev. In February 2020 he made his debut with the Orchestre de Paris, conducted by Christoph Eschenbach, giving two performances of the Mendelssohn Concerto at the closing concerts of the Canary Islands International Music Festival.

His plans for next season include appearances at the Tsinandali Festival in Georgia; the Tchaikovsky Violin Concerto with the Orchestre National de France, Philharmonia Orchestra, Utah Symphony and Orchestre Métropolitain; the Beethoven Violin Concerto with the Wiener Kammerorchester and the Pittsburgh Symphony Orchestra; and the Mendelssohn Violin Concerto with the Leipzig Gewandhausorchester.

In addition to his victory at the Spivakov Competition, Daniel Lozakovich has been awarded many other prizes, including the 2017 "Young Artist of the Year" award at the Festival of the Nations (Germany), the 2017 "Young Talent" award at the Premios Excelentia (Spain) and the 2019 "Promising Young Artist" award at the Premios Batuta (Mexico).

He began studying with Professor Josef Rissin at the Karlsruhe University of Music in 2012, and since 2015 has been mentored by Eduard Wulfson in Geneva. He plays both the "ex-Baron Rothschild" Stradivari, on generous loan on behalf of the owner by Reuning & Son (Boston) and Eduard Wulfson, and the Le Reynier Stradivarius (1727), kindly loaned by the LVMH group.

Source: deutschegrammophon.com

More photos


See also

15-year-old violinist Daniel Lozakovich signs to Deutsche Grammophon

Camille Saint-Saëns: Introduction and Rondo Capriccioso in A minor – Daniel Lozakovich, Talich Philharmonia Prague, Jan Talich (HD 1080p)

Wolfgang Amadeus Mozart: Violin Concerto No.3 in G major – Daniel Lozakovich, Moscow Virtuosi Chamber Orchestra, Vladimir Spivakov

Read More

Legal Histories and Historians in Socialist East Central Europe

Socialism and Legal History: The Histories and Historians of Law in Socialist East Central Europe, edited by Ville Erkkilä and Hans-Peter Haferkamp has been published in the series Routledge Research in Legal History:

This book focuses on the way in which legal historians and legal scientists used the past to legitimize, challenge, explain and familiarize the socialist legal orders, which were backed by dictatorial governments.  The volume studies legal historians and legal histories written in Eastern European countries during the socialist era after the Second World War. The book investigates whether there was a unified form of socialist legal historiography, and if so, what can be said of its common features. The individual chapters of this volume concentrate on the regimes that situate between the Russian, and later Soviet, legal culture and the area covered by the German Civil Code. Hence, the geographical focus of the book is on East Germany, Russia, the Baltic states, Poland and Hungary. The approach is transnational, focusing on the interaction and intertwinement of the then hegemonic communist ideology and the ideas of law and justice, as they appeared in the writings of legal historians of the socialist legal orders. Such an angle enables concentration on the dynamics between politics and law as well as identities and legal history.

Studying the socialist interpretations of legal history reveals the ways in which the 20th century legal scholars, situated between legal renewal and political guidance gave legitimacy to, struggled to come to terms with, and sketched the future of the socialist legal orders. The book will be a valuable resource for academics and researchers working in the areas of Legal History, Jurisprudence and Philosophy of Law and European Studies.

About the editors: Ville Erkkilä is a Postdoctoral Researcher at the Center for European Studies, University of Helsinki, Finland. Hans-Peter Haferkamp is Full Professor of Private Law and History of German Law. He is the Director of the Institute of Modern History of Private Law, German and Rhenish Legal History, University of Cologne.

TOC after the jump.

--Dan Ernst

 Introduction: Socialist interpretations of legal history
Ville Erkkilä

PART I Framing the socialist legal historiography

1 The transformations of some classical principles in socialist Hungarian civil law: The metamorphosis of ‘bona fides’ and ‘boni mores’ in the Hungarian Civil Code of 1959
András Földi

2 We few, we happy few? Legal history in the GDR
Martin Otto

3 Roman law studies in the USSR: An abiding debate on slaves, economy and the process of history
Anton Rudokvas and Ville Erkkilä

4 Strategies of covert resistance: Teaching and studying legal history at the University of Tartu in the Soviet era
Marju Luts-Sootak

5 The Western legal tradition and Soviet Russia: The genesis of H. J. Berman’s Law and Revolution
Adolfo Giuliani

PART II Legal historians of socialist regimes

6 Juliusz Bardach and the agenda of socialist history of law in Poland
Marta Bucholc

7 Valdemars Kalninš (1907–1981): The founder of Soviet legal history in Latvia
Sanita Osipova

8 Getaway into the Middle Ages?: On topics, methods and results of ‘socialist’ legal historiography at the University of Jena
Adrian Schmidt-Recla and Zara Luisa Gries

9 Roman law and socialism: Life and work of a Hungarian scholar, Elemér Pólay
Éva Jakab

Read More

Park on Self-Deportation in the United States

My Georgetown Law colleague K-Sue Park has posted Self-Deportation Nation, which appeared in the Harvard Law Review (132 (2019): 1878-1941:

“Self-deportation” is a concept to explain the removal strategy of making life so unbearable for a group that its members will leave a place. The term is strongly associated with recent state and municipal attempts to “attack every aspect of an illegal alien’s life,” including the ability to find employment and housing, drive a vehicle, make contracts, and attend school. However, self-deportation has a longer history, one that predates and made possible the establishment of the United States. As this Article shows, American colonists pursued this indirect approach to remove native peoples as a prerequisite for establishing and growing their settlements. The new nation then adopted this approach to Indian removal and debated using self-deportation to remove freed slaves; later, states and municipalities embraced self-deportation to keep blacks out of their jurisdictions and drive out the Chinese. After the creation of the individual deportation system, the logic of self-deportation began to work through the threat of direct deportation. This threat burgeoned with Congress’s expansion of the grounds of deportability during the twentieth century and affects the lives of an estimated 22 million unauthorized persons in the United States today.

This Article examines the mechanics of self-deportation and tracks the policy’s development through its application to groups unwanted as members of the American polity. The approach works through a delegation of power to public and private entities who create subordinating conditions for a targeted group. Governments have long used preemption as a tool to limit the power they cede to these entities. In the United States, this pattern of preemption establishes federal supremacy in the arena of removal: Cyclically, courts have struck down state and municipal attempts to adopt independent self-deportation regimes, and each time, the executive and legislative branches have responded by building up the direct deportation system. The history of self-deportation shows that the specific property interests driving this approach to removal shifted after abolition, from taking control of lands to controlling labor by placing conditions upon presence.

This Article identifies subordination as a primary mode of regulating migration in America, which direct deportations both supplement and fuel. It highlights the role that this approach to removal has played in producing the landscape of uneven racial distributions of power and property that is the present context in which it works. It shows that recognizing self-deportation and its relationship to the direct deportation system is critical for understanding the dynamics of immigration law and policy as a whole.

--Dan Ernst

Read More

More Pictures of Maria-Alexandra of Romania, the Newest Addition to the Royal Family

 

Nicholas, Alina, and Maria of Romania.
Photograph (c) David Niviere/Abaca/Sipa USA/Sip

These photographs of Nicholas of Romania, his wife Alina-Maria, and their daughter Maria-Alexandra were taken at the Domain of the Manasia Estate on 22 November by David Nivière. Maria-Alexandra was born at Bucharest on 7 November. The little one is a granddaughter of Princess Helen of Romania, a great-granddaughter of King Michael of Romania, a great-great-great-granddaughter of Duke Roberto I of Parma, a great-great-great-great-granddaughter of King Miguel I of Portugal, and a great-great-great-great-great-granddaughter of Queen Victoria of the United Kingdom. 

Photograph (c) David Niviere/Abaca/Sipa USA/Sip

Photograph (c) David Niviere/Abaca/Sipa USA/Sip

Photograph (c) David Niviere/Abaca/Sipa USA/Sip

Photograph (c) David Niviere/Abaca/Sipa USA/Sip

Read More

Berlin Sun

Berlin Sun

Modeling Fall 2020

Read More

Bristow on the Jackson State shootings

 Nancy K. Bristow (University of Puget Sound) has published Steeped in the Blood of Racism: Black Power, Law and Order, and the 1970 Shootings at Jackson State College with Oxford University Press. From the publisher: 

Minutes after midnight on May 15, 1970, white members of the Jackson city police and the Mississippi Highway Patrol opened fire on young people in front of a women's dormitory at Jackson State College, a historically black college in Jackson, Mississippi, discharging "buckshot, rifle slugs, a submachine gun, carbines with military ammunition, and two 30.06 rifles loaded with armor-piercing bullets." Twenty-eight seconds later two young people lay dead, another 12 injured. Taking place just ten days after the killings at Kent State, the attack at Jackson State never garnered the same level of national attention and was chronically misunderstood as similar in cause. This book reclaims this story and situates it in the broader history of the struggle for African American freedom in the civil rights and black power eras.

The book explores the essential role of white supremacy in causing the shootings and shaping the aftermath. By 1970, even historically conservative campuses such as Jackson State, where an all-white Board of Trustees of Institutions of Higher Learning had long exercised its power to control student behavior, were beginning to feel the impact of the movements for African American freedom. Though most of the students at Jackson State remained focused not on activism but their educations, racial consciousness was taking hold. It was this campus police attacked. Acting on racial animus and with impunity, the shootings reflected both traditional patterns of repression and the new logic and rhetoric of "law and order," with its thinly veiled racial coding.

In the aftermath, the victims and their survivors struggled unsuccessfully to find justice. Despite multiple investigative commissions, two grand juries and a civil suit brought by students and the families of the dead, the law and order narrative proved too powerful. No officers were charged, no restitution was paid, and no apologies were offered. The shootings were soon largely forgotten except among the local African American community, the injured victimized once more by historical amnesia born of the unwillingness to acknowledge the essential role of race in causing the violence.

Praise for the book:

 "Steeped in the Blood of Racism is a luminous revelation. Nancy K. Bristow's groundbreaking book represents a remarkable and long overdue history of the Jackson State shootings and their critical importance to the way we understand the Black Power era and our own. A must read." - Peniel E. Joseph

"In this meticulous reconstruction of the May 15, 1970 shooting at Jackson State University in Mississippi, Nancy Bristow offers a compelling account of the events of that day and their subsequent erasure from American national memory. Mischaracterized as another 'Kent State' or dismissed through a dangerous law and order narrative, the shootings at Jackson State were instead part of a much longer history of white supremacist violence directed at the black community. Steeped in the Blood of Racism is an important book that demonstrates why this shooting has been so easily forgotten and why it is so important that it be remembered." - Renee Romano

"Finally we have an honest, deeply researched, searing account of the police killings of two Black students at Jackson State. Yes, Mississippi Goddamn! But sadly, the impunity of law enforcement for antiblack violence remains a nationwide crisis." - Martha Biondi

Further information is available here. You can also read the author's blogpost about the book on the OUP website here.

--Mitra Sharafi

Read More

Lian's "Stereoscopic Law"

Alexander Lian has just published Stereoscopic Law: Oliver Wendell Holmes and Legal Education (Cambridge University Press):

In this unique book, Alexander Lian, a practicing commercial litigator, advances the thesis that the most famous article in American jurisprudence, Oliver Wendell Holmes's “The Path of the Law,” presents Holmes's leading ideas on legal education. Through meticulous analysis, Lian explores Holmes's fundamental ideas on law and its study. He puts “The Path of the Law” within the trajectory of Holmes's jurisprudence, from earliest scholarship to The Common Law to the occasional pieces Holmes wrote or delivered after joining the U.S. Supreme Court. Lian takes a close look at the reactions “The Path of the Law” has evoked, both positive and negative, and restates the essay's core teachings for today's legal educators. Lian convincingly shows that Holmes's “theory of legal study” broke down artificial barriers between theory and practice. For contemporary legal educators, Stereoscopic Law reformulates Holmes's fundamental message that the law must been seen and taught three-dimensionally.

Some endorsements:

The Path of the Law has attracted and puzzled scholars for a very long time. Just what is it about?  Alexander Lian has an answer: It is about legal education broadly understood. He demonstrates this proposition by carefully situating the piece in Holmes' many publications and in the thought of others of his time and acquaintance. The result is always interesting, somehow both analytically precise and neither hurried nor dense. Read the book slowly and enjoy it. Whether in the end one agrees with Lian's conclusion, one cannot fail to come away with a better understanding of Holmes, his times and the problems of becoming educated in law. 

John Henry Schlegel, Floyd H. and Hilda L. Hurst Faculty Scholar, University at Buffalo School of Law

In this carefully researched, engagingly written, and highly original book, Alexander Lian draws on the voluminous scholarship on Holmes and the experience of a practicing attorney, who is trained in American intellectual history, to formulate a compelling theoretical foundation for legal education and legal practice rooted in Holmes's writings. 

Bruce Kimball, co-author of The Intellectual Sword: Harvard Law School, the Second Century

Alexander Lian brings a key insight to our understanding of Holmes's famed Path of the Law article: Holmes presented it as a guide to law students in their study of law rather than as a commentary on the practice of law. Building on this insight, Lian offers an original, enlightening, and comprehensive reinterpretation of Holmes. Most important, we must not forget that Holmes approached his audience as a lawyer and judge, not as a legal academic. As such, Holmes presented the law in three dimensions, not as a flat or two-dimensional series of rules, but as a deeply historical enterprise. 

Stephen M. Feldman, Jerry H. Housel/Carl F. Arnold Distinguished Professor of Law, University of Wyoming

 Alexander Lian's new book about Oliver Wendell Holmes is a magnificent achievement. A major contribution to the Holmes literature, Stereoscopic Law looks at its subject in an original, revealing way: both with a wide angle and a zoom lens. With Holmes's famous lecture "The Path of the Law" as a springboard, Lian explores and probes Holmes's thinking as a matter of legal philosophy as well as Holmes's biographical and intellectual development. Stereoscopic Law, written accessibly and provocatively, is sure to push Holmes studies in a new, fruitful direction. It should be read and pondered by anyone interested in the history of ideas and the life of the mind. 

Daniel J. Kornstein, lawyer and author of The Second Greatest American

--Dan Ernst

Read More

RECOLLECTIONS: The Memoirs of Victoria, Dowager Marchioness of Milford Haven Starts Selling on AMAZON today!

Our next book, RECOLLECTIONS by Victoria Marchioness of Milford Haven is selling now!

Clients can either purchase their copy at our website at http://eurohistory.com or they can purchase the book on AMAZON starting today!

To purchase at EUROHISTORY:

Purchase RECOLLECTIONS at Eurohistory.com

To Purchase on AMAZON:

Purchase RECOLLECTIONS on AMAZON

Expanded and annotated by Ilana D. Miller and Arturo E. Beéche the book contains the memoirs of one of the most intriguing and exceptional granddaughters of Queen Victoria: Victoria, Dowager Marchioness of Milford Haven. 

Born Princess Victoria of Hesse and by Rhine in 1863, she became one of her English grandmother's most frequent correspondents, as well as a surrogate mother to her younger siblings after the untimely death in 1878 of their mother, Grand Duchess Alice of Hesse. Married in 1884 to her father's first cousin, Prince Louis of Battenberg, Victoria soon became a witness to some of the most momentous historical episodes of her lifetime. Her thoughts (open, frank, no-nonsense, clear) are to be found inside the 280-page book containing her memoirs, her "recollections." The book has been handsomely illustrated with nearly 400 exquisite images sourced from various archives, family collections, as well as the incomparably vast EUROHISTORY Royal Photographic Archive.

You can also print the order form below and send to us:

EUROHISTORY

6300 Kensington Avenue

East Richmond Heights, CA 94805

USA

Phone: 510.236.1730

Email: books@eurohistory.com / eurohistory@comcast.net / aebeeche@mac.com

http://www.eurohistory.com

Read More

Clio@Themis: The Relaunch

We are grateful to David Sugarman for word that Clio @ Themis, the on-line review of legal history, has a new website, which makes current and previously published articles more accessible. From the website:

Founded in 2009 at the initiative of several researchers from the Centre national de la recherche scientifique, joined by a number of University lecturers, Clio@Themis contributes to the development of debates and scientific exchanges with regard to the history of law. Its creation in France is based on enlargement and enrichment of the traditional perspectives of the legal history. Indeed, the history of law, through more and more varied types of research, concerns now all periods, from Antiquity to the beginning of the 21th century. This broadening of perspectives is not only in a chronological context, but also a geographical one: today, the subject of the history of law is necessarily European, comparative, and reacts to the phenomena of legal globalisation.

As a consequence, far from keeping legal history locked in a complacent study of the past, this journal aims to be an instrument for the critical understanding of the present. It does not intend to separate legal phenomena from social phenomena. In addition to questions about socio-economic factors in the production and reception of the law, it is increasingly important to consider reflections on judicial culture, the formation and circulation of ideas and judicial concepts, practices and representation.

History, Law, Society: these three ideas express, without any doctrinal constraint, our usage of historical method, our focus on legal subjects and our embrace of social science in the broadest sense.

–Dan Ernst

Read More