Elizabeth Dale

University of Florida, Department of History & Levin College of Law, Faculty Member

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Carnegie Mellon University

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University of Florida

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Michigan State University

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New York University

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University of South Florida

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University of Florida

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Penn State University

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University of the West Indies, St. Augustine

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Papers by Elizabeth Dale

Digital Humanities as Public Humanities

Digital Humanities, Libraries, and Partnerships, 2018

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A Different Sort of Justice: The Informal Courts of Public Opinion in Antebellum South Carolina

Law, 2009

Studies of nineteenth century legal history assume that the antebellum South, and antebellum Sout... more Studies of nineteenth century legal history assume that the antebellum South, and antebellum South Carolina in particular, had a legal culture shaped by honor culture and marked by the hierarchical assumptions and extralegal violence that honor culture engendered. In this article, I offer a modification of that well-established account. While I do not question the influence of honor on South Carolina's antebellum legal culture, I suggest that the state had a second, shame-based system of popular justice, in which women played a prominent role. As was the case with honor culture, this second form of extralegal justice, which I have dubbed the informal courts of public opinion, sometimes intersected with formal law, and other times worked independent of it.

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From Opera to Real Democracy: Popular Constitutionalism and Web 2.0

On March 17, 2011 the conductor Riccardo Muti stood in the orchestra pit at the Teatro dell’Opera... more On March 17, 2011 the conductor Riccardo Muti stood in the orchestra pit at the Teatro dell’Opera di Roma and, in the presence of the Italian Prime Minister, Silvio Berlusconi and the Italian President, Giorgio Napolitano, denounced the Italian government’s cuts to funding for the arts and culture. He then invited the entire audience to join the opera’s chorus in an encore of Va’ Pensiero, the hymn of the Hebrew slaves in Nabucco, to protest the cuts. Within two days of that sing-a-long, the Italian government reversed the course it set more than ten months before and agreed to a tax that would be used to restore funds to the arts and culture budget. In this article, I trace how and why those acts of protest in Italy developed, succeeded, and then were appropriated by transnational activists interested in encouraging popular constitutionalism. Because that entire process made considerable use of Facebook, blogs, YouTube, and Twitter, this case study simultaneously explores how a pop...

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People v. Coughlin and Criticisms of the Criminal Jury in Late Nineteenth-Century Chicago

The last decades of the nineteenth century and the first decades of the twentieth century are typ... more The last decades of the nineteenth century and the first decades of the twentieth century are typically characterized as the era in which the criminal jury trial came to an end. Although criminal juries did not completely disappear, their role became smaller and smaller across that time frame. Most studies of this phenomenon attribute that decline to the rise of plea bargains in that same period. Specifically, these studies lead to the conclusion that institutional factors, such as case loads and the political pressure on elected prosecutors to be "tough on crime," made plea bargains an increasingly attractive option for the State. They are based on the assumption that the rise of plea bargains caused the decline of criminal juries. Yet this explanation does not appear to fit the case of late nineteenth-, early twentieth-century Chicago. In that period the felony courts in Chicago, like felony courts in Los Angeles, Philadelphia, and Boston, did make increasing use of plea...

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The Chicago Trunk Murder: Law and Justice at the Turn of the Century

Spelunking, or, Some Meditations on the New Presentism

Oxford Handbooks Online

This chapter reflects on New Presentism and its implications for legal historians. The proponents... more This chapter reflects on New Presentism and its implications for legal historians. The proponents of New Presentism believe that legal historians have an obligation to use their training to help society. This belief has its roots in Plato’s allegory of the cave, in book VII of The Republic. There, those who were removed from their chains and brought out of the cave into the world of light were expected to return to the darkness of the cave to teach those left behind. Education, represented in the allegory by the chance to go out of the cave into the light, brought with it responsibility to share the knowledge gained from exposure to the reality behind the shadows. However, the allegory of the cave also raises some cautions that we would do well to consider. The responsibility to return to the cave is a responsibility that carries with it serious costs.

Not Simply Black and White

Social Science History, 2001

On 6 February 1888, Mathias Busch was arrested in Chicago for the murder of his wife, Katherine. ... more On 6 February 1888, Mathias Busch was arrested in Chicago for the murder of his wife, Katherine. About four that afternoon, Busch, a beer peddler, walked in to the kitchen of their home, picked up a butcher knife, and, after repeatedly slashing at his wife, cut her throat. Several people were in and about the house at the time; some grabbed and restrained Busch until the police arrived.…

A Constitutionalist Perspective

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Criminal Justice in the United States, 1789–1939

... The second chapter then moves 1 Charles Tilly, “War Making and State Making as Organized Crim... more

Chapter 6. The Su Bao Case and the Layers of Everyday Citizenship in China, 1894–1904

Multilevel Citizenship, 2013

Criminal Justice and the Nation, 1789–1860

Criminal Justice in the United States, 1789–1939, 2011

Death or Transformation? Educational Autonomy in the Roberts Court

Tulsa Law Review, 2009

In the aftermath of the Supreme Court's decisions in Grutter and Gratz a number of commentato... more In the aftermath of the Supreme Court's decisions in Grutter and Gratz a number of commentators argued that the Court had begun to embrace a new constitutional doctrine that required deference to the decisions of some institutions. Most notably they asserted that the Court would defer within the field of education. But even as they suggested that the Court was more willing to explore the doctrine, those two opinions left several large questions unanswered: Did the Court's embrace of institutional autonomy extend beyond higher education, into the K-12 realm? If so, what were its bounds? Was the doctrine only relevant to efforts to achieve a diverse student body or could it be extended further, to have an impact on claims of right under the First, or other, Amendments? Two cases from the Roberts Court's October 2006 Term, Parents Involved v. Seattle School District and Morse v. Frederick, answered those questions. At first glance, the cases seem to indicate that a clear ma...

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Two Ways of Looking at the Founding

History: Reviews of New Books, 2007

Randolph Roth, American Homicide, Cambridge, Mass.: Harvard University Press, 2009. Pp. xv + 655. $45.00 (ISBN 978-0-674-03520-1)

Law and History Review, 2010

... RB Bernstein New York Law School Randolph Roth, American Homicide, Cambridge, Mass.: Harvard ... more

Colin Dayan, The Story of Cruel & Unusual, Cambridge: The MIT Press, 2007. Pp. xx + 100. $14.95 (ISBN 978-0-262-04239-0)

Law and History Review, 2008

From Opera to Real Democracy: Popular Constitutionalism & Web 2.0

Constitutional Movements: An Example from China, 1894-1924

SSRN Electronic Journal, 2000

People v. Coughlin and Criticisms of the Criminal Jury in Late Nineteenth-Century Chicago

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Pushing the Boundaries of the Public Sphere: The Su Bao Case and Everyday Citizenship in China, 1894-1904

SSRN Electronic Journal, 2000

American Homicideby Randolph Roth

Digital Humanities as Public Humanities

Digital Humanities, Libraries, and Partnerships, 2018

Download

A Different Sort of Justice: The Informal Courts of Public Opinion in Antebellum South Carolina

Law, 2009

Download

From Opera to Real Democracy: Popular Constitutionalism and Web 2.0

Download

People v. Coughlin and Criticisms of the Criminal Jury in Late Nineteenth-Century Chicago

Download

The Chicago Trunk Murder: Law and Justice at the Turn of the Century

Spelunking, or, Some Meditations on the New Presentism

Oxford Handbooks Online

Not Simply Black and White

Social Science History, 2001

A Constitutionalist Perspective

Download

Criminal Justice in the United States, 1789–1939

... The second chapter then moves 1 Charles Tilly, “War Making and State Making as Organized Crim... more

Chapter 6. The Su Bao Case and the Layers of Everyday Citizenship in China, 1894–1904

Multilevel Citizenship, 2013

Criminal Justice and the Nation, 1789–1860

Criminal Justice in the United States, 1789–1939, 2011

Death or Transformation? Educational Autonomy in the Roberts Court

Tulsa Law Review, 2009

Download

Two Ways of Looking at the Founding

History: Reviews of New Books, 2007

Randolph Roth, American Homicide, Cambridge, Mass.: Harvard University Press, 2009. Pp. xv + 655. $45.00 (ISBN 978-0-674-03520-1)

Law and History Review, 2010

... RB Bernstein New York Law School Randolph Roth, American Homicide, Cambridge, Mass.: Harvard ... more

Colin Dayan, The Story of Cruel & Unusual, Cambridge: The MIT Press, 2007. Pp. xx + 100. $14.95 (ISBN 978-0-262-04239-0)

Law and History Review, 2008

From Opera to Real Democracy: Popular Constitutionalism & Web 2.0

Constitutional Movements: An Example from China, 1894-1924

SSRN Electronic Journal, 2000

People v. Coughlin and Criticisms of the Criminal Jury in Late Nineteenth-Century Chicago

Download

Pushing the Boundaries of the Public Sphere: The Su Bao Case and Everyday Citizenship in China, 1894-1904

SSRN Electronic Journal, 2000

American Homicideby Randolph Roth

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