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As whites' power grew, they were able to establish the legal institutions and the rules by which land transactions would be made and enforced.  This story of America's colonization remains a story of power, but a more complex kind of power than historians have acknowledged. It is a story in which military force was less important than the power to shape the legal framework within which land would be owned.  As a result, white Americans--from eastern cities to the western frontiers--could believe they were buying land from the Indians the same way they bought land from one another. How the Indians Lost Their Land dramatically reveals how subtle changes in the law can determine the fate of a nation, and our understanding of the past.","brand":"WoB","offers":[{"title":"GB \/ VERY_GOOD \/ INTERNAL","offer_id":49567260737809,"sku":"GOR006549081","price":0.0,"currency_code":"GBP","in_stock":true},{"title":"US \/ GOOD \/ SBYB","offer_id":50113350009105,"sku":"CIN067402396XG","price":0.0,"currency_code":"GBP","in_stock":false},{"title":"US \/ NEW \/ INGRAM","offer_id":51005520085265,"sku":"NIN9780674023963","price":0.0,"currency_code":"GBP","in_stock":false}],"thumbnail_url":"\/\/cdn.shopify.com\/s\/files\/1\/0784\/4072\/6801\/files\/067402396X.jpg?v=1750699587"},{"product_id":"who-owns-the-sky-book-stuart-banner-9780674030824","title":"Who Owns the Sky?","description":"A collection of curious tales questioning the ownership of airspace and a reconstruction of a truly novel moment in the history of American law, Banners book reminds us of the powerful and reciprocal relationship between technological innovation and the law.","brand":"WoB","offers":[{"title":"GB \/ VERY_GOOD \/ INTERNAL","offer_id":49596303999249,"sku":"GOR003345223","price":0.0,"currency_code":"GBP","in_stock":false},{"title":"US \/ GOOD \/ SBYB","offer_id":50100089946385,"sku":"CIN0674030826G","price":0.0,"currency_code":"GBP","in_stock":false}],"thumbnail_url":"\/\/cdn.shopify.com\/s\/files\/1\/0784\/4072\/6801\/files\/0674030826.jpg?v=1751041874"},{"product_id":"american-property-book-stuart-banner-9780674058057","title":"American Property","description":"What is property? Stuart Banner here offers a guided tour through the many manifestations, and innumerable uses, of property throughout American history. From indigenous culture to our genes, from one's celebrity to Internet content, American Property reveals how our ideas of ownership evolve to suit our ever-changing needs.","brand":"WoB","offers":[{"title":"US \/ GOOD \/ SBYB","offer_id":49681835753745,"sku":"CIN0674058054G","price":0.0,"currency_code":"GBP","in_stock":false}],"thumbnail_url":"\/\/cdn.shopify.com\/s\/files\/1\/0784\/4072\/6801\/files\/0674058054.jpg?v=1750977127"},{"product_id":"decline-of-natural-law-book-stuart-banner-9780197556498","title":"The Decline of Natural Law","description":"An account of a fundamental change in American legal thought, from a conception of law as something found in nature to one in which law is entirely a human creation.Before the late 19th century, natural law played an important role in the American legal system. Lawyers routinely used it in their arguments and judges often relied upon it in their opinions. Today, by contrast, natural law plays virtually no role in the legal system. When natural law was part of a lawyer's toolkit, lawyers thought of judges as finders of the law, but when natural law dropped out of the legal system, lawyers began thinking of judges as makers of the law instead.In The Decline of Natural Law, the eminent legal historian Stuart Banner explores the causes and consequences of this change. To do this, Banner discusses the ways in which lawyers used natural law and why the concept seemed reasonable to them. He further examines several long-term trends in legal thought that weakened the position of natural law, including the use of written constitutions, the gradual separation of the spheres of law and religion, the rapid growth of legal publishing, and the position of natural law in some of the 19th century's most contested legal issues. And finally, he describes both the profession's rejection of natural law in the late 19th and early 20th centuries and the ways in which the legal system responded to the absence of natural law.The first book to explain how natural law once worked in the American legal system, The Decline of Natural Law offers a unique look into how and why this major shift in legal thought happened, and focuses, in particular, on the shift from the idea that law is something we find to something we make.","brand":"WoB","offers":[{"title":"GB \/ NEW \/ GARDNERS","offer_id":49741344669969,"sku":"NGR9780197556498","price":0.0,"currency_code":"GBP","in_stock":true},{"title":"US \/ NEW \/ INGRAM","offer_id":50999872717073,"sku":"NIN9780197556498","price":0.0,"currency_code":"GBP","in_stock":false},{"title":"US \/ GOOD \/ SBYB","offer_id":53389217693969,"sku":"CIN0197556493G","price":0.0,"currency_code":"GBP","in_stock":false}],"thumbnail_url":"\/\/cdn.shopify.com\/s\/files\/1\/0784\/4072\/6801\/files\/0197556493.jpg?v=1751132829"},{"product_id":"death-penalty-book-stuart-banner-9780674010833","title":"The Death Penalty","description":"Here, for the first time, we have a comprehensive account of the death penalty in the United States. Stuart Banner tells the story of dramatic changes, over four centuries, in the ways capital punishment has been administered and experienced. Banner moves beyond the debates to give us an unprecedented understanding of America's ultimate punishment.","brand":"WoB","offers":[{"title":"US \/ GOOD \/ SBYB","offer_id":49889241694481,"sku":"CIN0674010833G","price":0.0,"currency_code":"GBP","in_stock":false},{"title":"GB \/ VERY_GOOD \/ INTERNAL","offer_id":49952160776465,"sku":"GOR007556225","price":0.0,"currency_code":"GBP","in_stock":false},{"title":"US \/ VERY_GOOD \/ SBYB","offer_id":50670022131985,"sku":"CIN0674010833VG","price":0.0,"currency_code":"GBP","in_stock":false},{"title":"GB \/ GOOD \/ INTERNAL","offer_id":50678786097425,"sku":"GOR005901931","price":0.0,"currency_code":"GBP","in_stock":false},{"title":"US \/ NEW \/ INGRAM","offer_id":51005489643793,"sku":"NIN9780674010833","price":0.0,"currency_code":"GBP","in_stock":false}],"thumbnail_url":"\/\/cdn.shopify.com\/s\/files\/1\/0784\/4072\/6801\/files\/0674010833.jpg?v=1751360205"},{"product_id":"how-the-indians-lost-their-land-book-stuart-banner-9780674018716","title":"How the Indians Lost Their Land","description":"Between the early 17th Century and the early 20th, nearly all the land in the United States was transferred from American Indians to whites. This dramatic transformation has been understood in two very different ways - as a series of consensual transactions, but also as a process of violent conquest. Both views cannot be correct. How did Indians actually lose their land?","brand":"WoB","offers":[{"title":"US \/ GOOD \/ SBYB","offer_id":49983431180561,"sku":"CIN0674018710G","price":0.0,"currency_code":"GBP","in_stock":false}],"thumbnail_url":"\/\/cdn.shopify.com\/s\/files\/1\/0784\/4072\/6801\/files\/0674018710.jpg?v=1750743226"},{"product_id":"baseball-trust-book-stuart-banner-9780199930296","title":"The Baseball Trust","description":"The Baseball Trust is about the origins and persistence of baseball's exemption from antitrust law, which is one of the most curious features of our legal system and also one of the most well known to sports fans. Every other sport, like virtually every other kind of business, is governed by the antitrust laws, but baseball has been exempt for nearly a century. No one thinks this state of affairs makes any sense. The conventional explanation of this oddity emphasizes baseball's unique cultural status as the national pastime, and assumes that judges and legislators have expressed their love for the game by insulating it from antitrust attack. A serious baseball fan, Stuart Banner provides a thoroughly entertaining history of the game through the prism of the antitrust exemption. But he also narrates a very different kind of baseball history, one in which a sophisticated business organization successfully worked the levers of the legal system to achieve a result enjoyed by no other industry in America. For all the well-documented foibles of the owners of major league baseball teams, baseball has consistently received and followed smart antitrust advice from sharp lawyers, going all the way back to the 1910s. At the same time, it is a story that serves as an arresting reminder of the path-dependent nature of the legal system. At each step, judges and legislators made decisions that were perfectly sensible when considered one at a time, but this series of decisions yielded an outcome that makes no sense at all.","brand":"WoB","offers":[{"title":"US \/ GOOD \/ SBYB","offer_id":50037690925329,"sku":"CIN0199930295G","price":0.0,"currency_code":"GBP","in_stock":false},{"title":"US \/ NEW \/ INGRAM","offer_id":51000211374353,"sku":"NIN9780199930296","price":0.0,"currency_code":"GBP","in_stock":false},{"title":"GB \/ NEW \/ INGRAM","offer_id":52400919249169,"sku":"NLS9780199930296","price":0.0,"currency_code":"GBP","in_stock":true},{"title":"US \/ VERY_GOOD \/ SBYB","offer_id":52746354229521,"sku":"CIN0199930295VG","price":0.0,"currency_code":"GBP","in_stock":false}],"thumbnail_url":"\/\/cdn.shopify.com\/s\/files\/1\/0784\/4072\/6801\/files\/0199930295.jpg?v=1751356305"},{"product_id":"baseball-trust-book-stuart-banner-9780199389728","title":"The Baseball Trust","description":"The impact of antitrust law on sports is in the news all the time, especially when there is labor conflict between players and owners, or when a team wants to move to a new city. And if the majority of Americans have only the vaguest sense of what antitrust law is, most know one thing about it-that baseball is exempt.  In The Baseball Trust, legal historian Stuart Banner illuminates the series of court rulings that resulted in one of the most curious features of our legal system-baseball's exemption from antitrust law. A serious baseball fan, Banner provides a thoroughly entertaining history of the game as seen through the prism of an extraordinary series of courtroom battles, ranging from 1890 to the present. The book looks at such pivotal cases as the 1922 Supreme Court case which held that federal antitrust laws did not apply to baseball; the 1972 Flood v. Kuhn decision that declared that baseball is exempt even from state antitrust laws; and several cases from the 1950s, one involving boxing and the other football, that made clear that the exemption is only for baseball, not for sports in general. Banner reveals that for all the well-documented foibles of major league owners, baseball has consistently received and followed antitrust advice from leading lawyers, shrewd legal advice that eventually won for baseball a protected legal status enjoyed by no other industry in America.  As Banner tells this fascinating story, he also provides an important reminder of the path-dependent nature of the American legal system. At each step, judges and legislators made decisions that were perfectly sensible when considered one at a time, but that in total yielded an outcome-baseball's exemption from antitrust law-that makes no sense at all.","brand":"WoB","offers":[{"title":"US \/ WELL_READ \/ SBYB","offer_id":50345674768657,"sku":"CIN0199389721A","price":0.0,"currency_code":"GBP","in_stock":false},{"title":"GB \/ NEW \/ INGRAM","offer_id":52336010625297,"sku":"NLS9780199389728","price":0.0,"currency_code":"GBP","in_stock":true}],"thumbnail_url":"\/\/cdn.shopify.com\/s\/files\/1\/0784\/4072\/6801\/files\/0199389721.jpg?v=1750843953"},{"product_id":"anglo-american-securities-regulation-book-stuart-banner-9780521521130","title":"Anglo-American Securities Regulation","description":"This book examines the regulation of the earliest securities markets in England and the United States, from their origins in the 1690s until the 1850s. Professor Banner argues that during the reign of Queen Anne a complex and moderately effective body of regulatory control was already extant, reflecting widespread Anglo-American attitudes toward securities speculation. He uses both traditional legal materials (including court opinions, statutes, and legal treatises) and as a broad range of non-legal sources (novels, broadsides, contemporary engravings) to examine contemporary images of stock markets and speculation practices, and he shows that securities regulation has a much longer ancestry than is often supposed. Insights from both legal and cultural history are utilised to explain how popular thought about the securities market was translated into regulation and, reciprocally, how that regulation influenced market structures and the activities of speculators.","brand":"WoB","offers":[{"title":"US \/ GOOD \/ SBYB","offer_id":50355892388113,"sku":"CIN0521521130G","price":0.0,"currency_code":"GBP","in_stock":false},{"title":"GB \/ NEW \/ INGRAM","offer_id":52403523977489,"sku":"NLS9780521521130","price":0.0,"currency_code":"GBP","in_stock":true}],"thumbnail_url":"\/\/cdn.shopify.com\/s\/files\/1\/0784\/4072\/6801\/files\/0521521130.jpg?v=1750740933"},{"product_id":"speculation-book-stuart-banner-9780190623043","title":"Speculation","description":"What is the difference between a gambler and a speculator? Is there a readily identifiable line separating the two? If so, is it possible for us to discourage the former while encouraging the latter? These difficult questions cut across the entirety of American economic history, and the periodic failures by regulators to differentiate between irresponsible gambling and clear-headed investing have often been the proximate causes of catastrophic economic downturns. Most recently, the blurring of speculation and gambling in U.S. real estate markets fueled the 2008 global financial crisis, but it is one in a long line of similar economic disasters going back to the nation's founding. In Speculation, author Stuart Banner provides a sweeping and story-rich history of how the murky lines separating investment, speculation, and outright gambling have shaped America from the 1790s to the present. Regulators and courts always struggled to draw a line between investment and gambling, and it is no easier now than it was two centuries ago. Advocates for risky investments have long argued that risk-taking is what defines America. Critics counter that unregulated speculation results in bubbles that always draw in the least informed investors-gamblers, essentially. Financial chaos is the result. The debate has been a perennial feature of American history, with the pattern repeating before and after every financial downturn since the 1790s. The Panic of 1837, the speculative boom of the roaring twenties, and the real estate bubble of the early 2000s are all emblematic of the difficulty in differentiating sober from reckless speculation. Even after the recent financial crisis, the debate continues. Some, chastened by the crash, argue that we need to prohibit certain risky transactions, but others respond by citing the benefits of loosely governed markets and the dangers of over-regulation. These episodes have generated deep ambivalence, yet Americans' faith in investment and - by extension - the stock market has always rebounded quickly after even the most savage downturns. Indeed, the speculator on the make is a central figure in the folklore of American capitalism. Engaging and accessible, Speculation synthesizes a suite of themes that sit at the heart of American history - the ability of courts and regulators to protect ordinary Americans from the ravages of capitalism; the periodic fallibility of the American economy; and - not least - the moral conundrum inherent in valuing those who produce goods over those who speculate, and yet enjoying the fruits of speculation. Banner's history is not only invaluable for understanding the fault lines beneath the American economy today, but American identity itself.","brand":"WoB","offers":[{"title":"- \/ - \/ -","offer_id":50999607755025,"sku":"","price":0.0,"currency_code":"GBP","in_stock":true},{"title":"US \/ NEW \/ INGRAM","offer_id":50999610671377,"sku":"NIN9780190623043","price":0.0,"currency_code":"GBP","in_stock":false},{"title":"US \/ GOOD \/ SBYB","offer_id":51602785796369,"sku":"CIN0190623047G","price":0.0,"currency_code":"GBP","in_stock":false},{"title":"GB \/ NEW \/ INGRAM","offer_id":52488753250577,"sku":"NLS9780190623043","price":0.0,"currency_code":"GBP","in_stock":true}],"thumbnail_url":"\/\/cdn.shopify.com\/s\/files\/1\/0784\/4072\/6801\/files\/0190623047.jpg?v=1750972435"},{"product_id":"most-powerful-court-in-the-world-book-stuart-banner-9780197780350","title":"The Most Powerful Court in the World","description":"An authoritative, even-handed, and accessible history of the Supreme Court of the United States, the most powerful court in the world and the final arbiter of the world's oldest constitution.   Will abortion be legal? Should people of the same sex be allowed to marry? May colleges prefer black applicants over white ones? These are among the most bitterly contested issues in the United States today. We answer these questions, and many more, by presenting them to nine lawyers--the justices of the Supreme Court of the United States. No other nation commits so many important questions to its highest court.  Stuart Banner's The Most Powerful Court in the World is an authoritative history of the United States Supreme Court from the Founding era to the present. Not merely a history of the Court's opinions and jurisprudence, it is also a rich account of the Court in the broadest sense--of the sorts of people who become justices and the methods by which they are chosen, of how the Court does its work, and of its relationship with other branches of government. It is about how the Court acquired so much power, how it has retained its power in the face of repeated challenges and criticisms, and what it has done with its power over the years. Rather than praising or criticizing the Court's decisions, Banner makes the case that one cannot fully understand the decisions without knowing about the institution that produced them.  Offering a fresh analytical window into today's contentious debates about the Court--debates that often rest on dubious ideas about the Court's history--The Most Powerful Court in the World helps readers see cases through the justices' eyes.","brand":"WoB","offers":[{"title":"US \/ NEW \/ INGRAM","offer_id":50999886774545,"sku":"NIN9780197780350","price":0.0,"currency_code":"GBP","in_stock":false},{"title":"GB \/ NEW \/ GARDNERS","offer_id":51136958660881,"sku":"NGR9780197780350","price":0.0,"currency_code":"GBP","in_stock":true},{"title":"US \/ VERY_GOOD \/ SBYB","offer_id":51503535948049,"sku":"CIN0197780350VG","price":0.0,"currency_code":"GBP","in_stock":false},{"title":"US \/ GOOD \/ SBYB","offer_id":52103148765457,"sku":"CIN0197780350G","price":0.0,"currency_code":"GBP","in_stock":false},{"title":"US \/ LIKE_NEW \/ SBYB","offer_id":52888708710673,"sku":"CIN0197780350LN","price":0.0,"currency_code":"GBP","in_stock":false}],"thumbnail_url":"\/\/cdn.shopify.com\/s\/files\/1\/0784\/4072\/6801\/files\/0197780350.jpg?v=1751445015"},{"product_id":"anglo-american-securities-regulation-book-stuart-banner-9780521622318","title":"Anglo-American Securities Regulation","description":"This book examines the regulation of the earliest securities markets in England and the United States, from their origins in the 1690s until the 1850s. 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Possessing the Pacific is an original and broadly conceived study of how colonial struggles over land still shape the relations between whites and indigenous people throughout much of the world.","brand":"WoB","offers":[{"title":"US \/ VERY_GOOD \/ SBYB","offer_id":53414551617809,"sku":"CIN0674026128VG","price":0.0,"currency_code":"GBP","in_stock":false}],"thumbnail_url":"\/\/cdn.shopify.com\/s\/files\/1\/0784\/4072\/6801\/files\/9780674026124.jpg?v=1776356066"}],"url":"https:\/\/www.worldofbooks.com\/en-au\/collections\/author-books-by-stuart-banner.oembed","provider":"World of Books ","version":"1.0","type":"link"}