Books written by Stuart Banner

The Baseball Trust: A History of Baseball's Antitrust Exemption

“Legally, the baseball player is a slave held in bondage,” Evers declared, “but he is the best treated, most pampered slave of history.” David Fultz (figure 1.2), a lawyer and former player who in 1912 founded the Fraternity of ...
Possessing the Pacific: Land, Settlers, and Indigenous People from Australia to Alaska

1109, ML; Peter Cunningham, Two Years in New South Wales (London: Henry Colburn, 1827), 2:46; T. Betts, An Account of the Colony of Van Diemen's Land (Calcutta: Baptist Mission Press, 1830), 95; Charles James Napier, ...
The Baseball Trust: A History of Baseball's Antitrust Exemption

Rick Barry of the San Francisco Warriors had left for the ABA's Oakland Oaks, while Billy Cunningham had left the Philadelphia 76ers to join the ABA's Carolina Cougars. In both cases, courts interpreted the reserve clause as a single ...
Who Owns the Sky?: The Struggle to Control Airspace from the Wright Brothers On

... 204 McCormick , Byron , 215 McDougal , Myres , 213 , 269-271 , 275 , 280-281 McGrath , J. Howard , 238–239 Meloy ... James E. G. de , 86–87 Moon , Albert , 267 Moore , Charles C. , 4–9 , 296 Murphy , Frank , 242 , 249 , 256 Murphy ...
How the Indians Lost Their Land: Law and Power on the Frontier

... Thomas , 156 Powhatan , 32 Pownall , Thomas , 39 , 88–89 Pratt , Charles , 102–103 preemption , 135-139 , 150–151 ... Ezekiel , 155 Sargent , Aaron Augustus , 249 Saye , Lord , 23 Schurz , Carl , 268 Schuyler , Philip , 112-113 ...
American Property

Chinn, 120 S.W. 364 (Ky. 1909); Flake v. Greensboro News Co., 195 S.E. 55 (N.C. 1938); Wilbur Larremore, “The Law of Privacy,” Columbia Law Review 12 (1912): 701. 42. Charles Clark to Learned Hand and Robert Patterson, 21 June 1940, ...
Speculation: A History

“We are deathly afraid of Hoover,” the New York broker Charles Chambers told Carter Glass. “The big men in the street do not know just what piece of economic quackery he is going to propose next. It is plain that he is a desperate man ...
The Death Penalty: an American history

This is a first rate piece of scholarship: well written, deeply researched, fascinating to read, and full of insights and good common sense. It is, in my view, one of the finest books to deal with this troubled and troubling subject.
Anglo-American Securities Regulation: Cultural and Political Roots, 1690-1860

A history of the law governing the earliest stock markets in England and the United States.
How the Indians Lost Their Land: Law and Power on the Frontier

John A. Andrew III, From Revivals to Removal: Jeremiah Evarts, the Cherokee Nation, and the Search for the Soul of America (Athens: University of Georgia Press, 1992); Heman Humphrey, Indian Rights and Our Duties (n.p.: Association for ...
Who Owns the Sky? The Struggle to Control Airspace from the Wright Brothers On

A collection of curious tales questioning the ownership of airspace and a reconstruction of a truly novel moment in the history of American law, Banner’s book reminds us of the powerful and reciprocal relationship between technological ...
The Decline of Natural Law: How American Lawyers Once Used Natural Law and Why They Stopped

The law of nature -- The common law -- The adoption of written constitutions -- The separation of law and religion -- The explosion in law publishing -- The two-sidedness of natural law -- The decline of natural law and custom --Substitutes ...
How the Indians Lost Their Land: Law and Power on the Frontier

How did Indians actually lose their land? Stuart Banner argues that neither simple coercion nor simple consent reflects the complicated legal history of land transfers.
POSSESSING THE PACIFIC

Stuart Banner tells the story of colonial settlement in Australia, New Zealand, Fiji, Tonga, Hawaii, California, Oregon, Washington, British Columbia, and Alaska.
The Baseball Trust: A History of Baseball's Antitrust Exemption

A History of Baseball's Antitrust Exemption Stuart Banner. 4. Walter Bingham, “No More Joy in Beertown,” Sports Illustrated, July 23, 1962. 5. “Number of TV Homes in Major League Baseball Markets”
The Death Penalty

The death penalty arouses our passions as does few other issues. Some view taking another person’s life as just and reasonable punishment while others see it as an inhumane and...
American Property: A History of How, Why, and What We Own

Lost property -- The rise of intellectual property -- A bundle of rights -- Owning the news -- People, not things -- Owning sound -- Owning fame -- From the tenement to the condominium -- The law of the land -- Owning wavelengths -- The new ...