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American Society for Legal History

Board of Directors

Annual Meeting, November 16, 2006

Radisson Lord Baltimore Hotel, Baltimore, Maryland

Royal Boardroom, 7:30 pm

Agenda (page numbers indicate the location of the report, if any)

Opening Remarks (Charlie Donahue)

Minutes of the 2005 Meeting 2

2006 Local Arrangements Committee (Tim Sellers) 6

2006 Program Committee (John Witt and Dan Klerman)

2007 Local Arrangements Committee (Jon Rose)

2007 Program Committee (Risa Goluboff and Jon Rose)

Committee on Conferences & the Annual Meeting (Craig Joyce) 7

Committee on Documentary Preservation (Michael Churgin) 8

Finance and Future of the Society Committees (Sally Gordon) 11

Membership Committee (Sally Hadden) 13

University of Illinois Press Report (Clydette Wantland) 14

Hurst Memorial Committee (Ray Solomon)

Publications Committee (Bruce Mann) 17

H-law (Chris Waldrep) 18

Law and History Review (David Tanenhaus) 21

Studies in Legal History (Dan Ernst) 29

Reid Prize Committee (Bill Nelson) 30

William Nelson Cromwell Prize Committee (Barbara Welke) 31

William Nelson Cromwell Fellowships Committee (Dirk Hartog) 32

Preyer Committee (Laura Kalman) 35

Paul L. Murphy Award Committee Report (John Johnson) 37

Surrency Prize Committee (Philip Girard) 38

Sutherland Prize Committee (Margot Finn) 39

Honors Committee (Greg Alexander) 40

Nominating Committee (Adam Kosto) 41

Board and Nominating Committee Elections (Bill LaPiana)

Secretary-treasurer’s Report (Bill LaPiana)

New business (Charlie Donahue)

1Minutes 2005

American Society for Legal History

Board of Directors Meeting

Thursday, November 10, 2005, 6:30 p.m.

Hilton Netherland Plaza Hotel

Cincinnati, Ohio

The meeting began at 6:40 p.m.

Opening Remarks

Harry Scheiber, president of the Society, opened the meeting by thanking all members of the board and chairs of committees for their service during the past year and for attending the meeting.

Approval of minutes of the 2004 meeting

The minutes of the 2004 meeting of the Board at the annual meeting held in Austin, Texas, were approved as submitted.

Committee Reports[Copies of reports from committees are available on the Society’s website: <>]

2005 Local Arrangements Committee

The work of the local arrangements committee was complicated by the departure of key members from Cincinnati. As a result, the outgoing Secretary/Treasurer of the Society, Jack Pratt, handled most of the details. He praised Cincinnati as a choice and noted that the city had declared Friday, November 11 “Legal History Day.” He also suggested that the Society investigate ways of involving local high school history teachers in the annual meeting.

2005 Program Committee

President Scheiber thanked the chairs of the committee, Michael Parrish and Tom Gallanis, and noted the successful creation and use of a web site to collect and evaluate proposals. Thanks were voted to the committee and to Peter Jetton of Washington and Lee University who created the on-line system.

2006 Local Arrangements Committee

Jack Pratt noted that the third party professional planner had worked with the local arrangements committee to select the Radisson Plaza Lord Baltimore as the site of the 2006 annual meeting.

He also noted that there were 240 registrants for the Cincinnati meeting with an additional 20 persons registering on site for a total of 260.

Nominating Committee

Jack Pratt announced the results of the election:


Maeva Marcus ELECTED

Board of Directors

Felice Batlan

Mary Anne Case

Michael Grossberg ELECTED

Kenneth Ledford ELECTED

Pablo Piccato

Linda Przybyzewski ELECTED

Carol Rose

David Sugarman ELECTED

Emily Zack Tabuteau ELECTED

Martha Merritt Umphey

Nominating Committee

Risa Goluboff

Chris Tomlins ELECTED

2006 Program Committee

It was announced that the 2006 Program Committee, co-chairs Dan Klerman and John Witt would meet on Saturday morning. [The other members of the committee are Stuart Banner, Chris Capozzola, Cornelia Dayton, Bruce Frier, Risa Goluboff, Daniel W. Hamilton, III, Amelia Kessler, and Michael Willrich.]

Committee on Conferences & the Annual Meeting

Craig Joyce, committee chair, reported that after discussion of the locations to be proposed in the committee’s report, the committee would make a report to the Executive Committee to make the final decision which would make a final decision.

Committee on Documentary Preservation

The committee’s report was accepted as distributed. Harry Scheiber noted that the National Historical Publications and Records Commission was still without funding.

William Nelson Cromwell Prize Committee

The Cromwell Prize Committee recommended that the award be given to John Fabian Witt for his book The Accidental Republic: Cripple Workmen, Destitute Widows , and the Remaking of American Law (Harvard University Press) and reported that the Board of the Cromwell Foundation has approved the choice. A motion to thank the Foundation for its support was made, seconded, and passed unanimously..

Hurst Memorial Committee Report

Both Harry Scheiber and Bob Gordon praised the program and Ray Solomon noted that there would be a table at the Friday reception for the fellows of the program.

The Board accepted the suggestion in the committee’s report that letters of thanks be sent to Prof. Howard Erlanger of the University of Wisconsin Law School and Director of the Institute for Legal Studies and to Pam Hollenhorst, the Associate Director of the ILS in appreciation of their efforts in making the Hurst Institute so successful.


Chris Waldrep submitted the report of the H-Law Board. A motion to thank all those involved was made, seconded, and passed unanimously.

Bob Gordon suggested that consideration be given to collecting the book reviews published H-Law on a yearly basis. Chris Waldrep noted that all the reviews published are available and David Seipp suggested that a yearly list of reviews be compiled.

Harry Scheiber asked that the annual meeting registration form be made easier to download from the web site.

Honors Committee

The Committee put forward Laura Kalman for election as a Fellow of the Society which election was made by acclamation.

Membership Committee

Tony Freyer reported that the committee was still searching for ideas for expanding membership. Harry Scheiber suggested that members be encouraged to recruit at least one colleague.

Paul Murphy Award Committee

The Committee announced that the award is made to Dr. Jill Silos, visiting professor at Colby-Sawyer College” to support her work on a book tentatively titled “Everybody Get Together: The Politics of the Counterculture.”

Surrency Prize Committee

The Committee announced that 2004 award is made to Amanda Kessler for her article “Enforcing Virtue: Social Norms and Self-Interest in an Eighteenth-Century Merchant Court” with honorable mention to Bruce Kimball for “The Langdell Problem: Historicizing the Century of Historiography, 1906-2000s.”

Sutherland Prize Committee

The Committee announced that it unanimously selected “‘Well-Behaved Women Don’t Make History’: Rethinking English Family Law, and History” by Danaya C. Wright [19 Wis. Women’s L.J. 211 (2004)] as the recipient of the award.

Publications Committee

The Committee submitted its report which was accepted without discussion.

Studies in Legal History

Dan Ernst reported that the series will see the publication of three books in 2005:

Daniel J. Hulsebosch, Constitution Empire: New York and the Transformation of Constitutionalism in the Atlantic World, 1664-1830.

Laura Kalman, Yale Law School and the Sixties: Revolt and Reverberations

Stephen Robertson, Crimes against Children: Sexual Violence and Legal Culture in New York City, 1880-1960.

Tom Green thanked the University of North Carolina Press for its wok on the series and Charles Grench of the Press thanked his assistant the editors of the series for their work.

Law and History Review

The Board voted resolutions of the thanks to Dean Richard J. Morgan of the William S. Boyd School of Law, Dean Ed Shoben of the UNLV College of Liberal Arts, and UNLV History Department Chair Eugene Moehring and Ann Lowry of the Univ. Illinois Press for their support of LHR.

There was a discussion of publishing four issues of LHR each year. The general feeling was that the time for a four issue had not yet arrived. R.B. Bernstein asked whether a fourth yearly issue could be devoted solely to book reviews. David Tannenhaus stated his belief that book reviews belong in each issue because studies show that readers expect to see them. He also reported that consideration is being given to pre-prints of reviews.

Further discussion included observations by R.B. Bernstein on the difficulties in finding suitable reviewers and in getting reviewers to complete their tasks. David Tanenhaus noted that some one-fifth of assigned reviews are never received. Because the review copy is in the hands of the reviewer it is difficult to reassign the review. Harry Scheiber suggested that consideration be given to buying another copy to the book so the review could be reassigned.

University of Illinois Press Report

The report from the Press was received. Jack Pratt noted that the incoming Secretary/Treasurer would have to address problems in obtaining accurate membership statistics.

Future of the Society Committee

Sally Gordon reported that the capital campaign had been successful so far

Harry Scheiber thanked the member of the Board for their contributions to the campaign and mentioned that he hoped members would consider bequests to the Society and that some of the increased funds would be used to attract younger scholars.

There was discussion of the nature of the memorial to Kitty Preyer to be funded by the gifts to the Society in her memory. The Executive Committee will appoint a committee of Laura Kalman, Chris Desan, Sally Gordon, Maeva Marcus and a graduate student [Lyndsay Campbell] to agree on the details of an award to one or two younger scholars to be funded by the Preyer funds.

A unanimous vote of thanks was given to Jane Scheiber for her help with the campaign.

A vote of thanks was also given to Boalt Hall and its dean for its contribution to the annual meeting in honor of Harry Scheiber.

The meeting was adjourned at 9:00pm

Local Arrangements, 2006

The Committee was made up of myself (Baltimore), David Bogen (Maryland), Jane Dailey (Hopkins) as the chairs, with Michael Myerson, Garrett Power, Jeffrey Sawyer and Jason Trompbour also on the committee.

We would like to report that everything is in place for a plenary and reception at Westminster Hall, with buses to and from the hotel, and that there are details about local history and entertainment up on the website.

We look forward to welcoming you to Baltimore!

Mortimer Sellers, Co-chair

Annual Meetings Committee

Baltimore Acknowledgments

Baltimore, MD, Nov. 16-19, 2006. Many thanks to Tim Sellers (Baltimore), Dave Bogen (Maryland) and Jane Dailey (Hopkins), as well as Michael Myerson, Garrett Power, Jeffrey Sawyer and Jason Trompbour, for what we know already will be a wonderful meeting!

Meetings Scheduled

Tempe, AZ, Oct. 25-28, 2007. ASLH is grateful for the diligent advance planning of Jon Rose and the Sandra Day O’Connor College of Law, and the promised warm Western hospitality and venue.

Ottawa, ON, Nov. 13-16, 2008. With gratitude to Constance Backhouse, DeLloyd Guth and a pan-national team, the Society looks forward to a bracing stay at the historic Fairmont Chateau Laurier in the heart of Canada’s legal and governmental capital.

Future Meetings Input Solicitation

Past years’ reports have contained a detailed set of factors for meeting site selection, including affordability of sleeping and meeting rooms, appeal of the city, travel expense, demographics of membership, and the like. These factors might be re-canvassed generally at the board meeting, if time permits. The committee seeks guidance, however, primarily on two more specific matters:

Geographical preferences. In rotational terms, the Society is overdue for a Southern swing in 2009, with probably a return to the Midwest in 2010. What criteria should predominate in the committee’s considerations? After the 2007 and 2008 meetings in Tempe and Ottawa, will centrality to our base demographics and easy air access be of primary concern to members? Expense in travel and accommodations? A charming locale? Savannah, for example, offers beauty and history, but not the simplicity of an annual meeting at an Atlanta airport hotel. A site like Nashville might offer the delights of a mid-sized city, interesting venues, convenient travel, and meeting rates affordable to the Treasury. New Orleans is again mostly open for business. The committee would be grateful for the board’s sense of the membership’s likely priority among possible competing factors.

Local arrangements vs. central management. Traditionally, as this year and next, the Society has benefited greatly from the “local knowledge” of its members in annual meeting host cities regarding such matters as hotel selections and restaurant recommendations, as well as (although somewhat variably) from local committees’ fundraising to enhance events. The burden of conducting meetings, however, and of managing finances, falls inevitably on the Secretary-Treasurer. In addition, the availability or unavailability of local arrangements chairs significantly bounds site selections. For 2009 and 2010, unless the board objects, the committee proposes to experiment more liberally with the possibility of selecting venues based primarily on input from the Secretary-Treasurer and the Society’s third-party planner.

Craig Joyce, Chair

Documentary Preservation Committee

Finance Committee and Committee on the Future of the Society

Thanks to the good work of Charlie and Bill LaPiana, our funds have now been consolidated, and we have begun to pursue a careful investment strategy. This achievement has taken months, and there are still kinks to work out in the system, but the good news is that we have at long last wrestled the accounts out of Mississippi, Ohio, Indiana, etc., and located them centrally in New York and Boston according to a coherent plan.

We now know that the Society has approximately $565,000, including prior endowment funds, cash on hand, dues, and also money paid in as one-time donations and payments on pledges solicited in our capital campaign.

Thanks to the hard work of all involved in the Future of the Society committee, and especially to Harry Scheiber’s leadership and Jane Scheiber’s invaluable advice and counsel, we are in a strong position financially, and poised to grow in several areas vital to the health of the society and the field of legal history. As additional funds come in, we expect to see our endowment grow steadily. We also hope to pursue new avenues for fund-raising, including planned giving and an annual fund.

The finance committee determined that a sensible division of operating funds, quasi-endowment or board-directed funds, and permanent endowment was crucial to ensuring ease of administration for the Society. To that end, this September we divided up the funds as follows:

1. Operating account: $65,000 at Smith Barney in NYC.

2. Board-directed Fund: $100,000 also at Smith Barney. Both SB accounts are invested in seven-day corporate paper which pays current short term market rates and is highly liquid.

3. Permanent endowment: $400,000 invested in 10 different fixed income (40%) and equity (60%) funds across the national and some global markets at SEI, under the direction of Roger Keith.

Going forward, we will maintain both Smith Barney accounts at the $60K and $100K levels, with excess swept into the SEI account every 6 months. We seek board approval of these target levels.

We also conferred recently on how best to ensure appropriate spending levels for the permanent endowment, and protection of the principal. To that end, we agreed that a 4% spending rate for endowment funds is both reasonable and defensible. Any additional income would be reinvested to ensure the value and growth of the endowment. Further, we propose that any invasion of principle beyond the 4% spending rate be authorized by a two-thirds super majority vote of the full Board.

Last, we ask you to authorize a letter of thanks to Roger Keith, who has undertaken management of our permanent endowment without charging his customary management fee.

A proposed resolution is appended to this report.

Sarah Barringer Gordon, Chair, Committee on the Future of the Society, and Acting Chair, Finance Committee

Proposed Resolution

1. Society funds will be divided as follows:

a. $60,000 placed into an operating account

b. $100,000 placed into a board-directed fund

c. All remaining funds (currently $400,000), placed in an investment account as permanent endowment.

Funds a and b will be swept twice annually, with excess of $60,000 in the operating account going first into the board-directed fund, and excess of $100,000 in the board-directed fund going into the permanent endowment.

2. The permanent endowment will be spent at an annual rate of 4%, with excess income plowed back into endowment principle. Any spending beyond the 4% cap requires a vote of two-thirds of the members of the Board.

3. The Chair of the Finance Committee will write to Roger Keith on behalf of the Society, thanking him for his generosity and stewardship of the Society’s permanent endowment.

Membership Committee

Activities in 2006

A lot of changes have been implemented this year, in comparison with previous years on the Membership Committee. Virtually a completely new committee was assembled on the principle of geographic and vocational coverage, creating a series of two-person teams for each of 6 US regions, plus committee members for overseas, graduate students, non-academics, and law librarians. The structure will enable the committee to do targeted outreach to a variety of groups identified using the membership database maintained by the University of Illinois Press.

Main activities thus far: a culling of the database has identified approximately 200+ individuals or institutions whose memberships have been lapsed longer than 12 months. This list was divided among the various committee members and letters have been sent to encourage rejoining the ASLH.

Prior to this activity, some upgrades were necessary to the ASLH website, to incorporate information that would be needed for prospective members, including: a list of all UNC Press books in the Studies in Legal History series that they could receive a discount on; a link to the UNC Press for purchasing the same; clearer presentation of membership levels and dues. Revisions to the website are ongoing, but at present, it is much easier for would-be members to find what they need and see what benefits would come from joining the Society.

Database managers at the Illinois Press and UNC Press have been extremely helpful in making modifications to assist us. Tom Franklin at UNC built a separate page that holds the series data in static form so that we could have a stable URL to link to. Paul Arroyo has been making improvements at UIP so that we could have real-time access to the membership database, and alerts as new members signed up. These relationships are valuable and need to be maintained in future.

Upcoming activities:

Appeals to graduate trainers/mentors for the purchase of student memberships

Appeals to non-members interested in legal history (names obtained from AHA, APSA, AALS and other databases)

Appeals to current members to consider upgrading to life memberships

Special appeals to graduate students, law librarians, and non-academics through other means (e.g., journal ads, elists, flyers).

Concerns for the future

We’ll need to attract new members to strengthen the committee in a few key areas (Midwest and Southwest, where there is only one member handling the work currently) and plan for the eventual departure of members taking on other work. This can wait until summer 2007.

We need to create a work log of the months and seasons various appeals are made, so that future campaigns for membership can be handled without reinventing the wheel each year. [I’m keeping a log, but it needs to be put into an easy to read format.]

Sally Hadden, Chair

University of Illinois Press—Report on LHR and Dues

8 November 2006

To: William P. LaPiana, Secretary-Treasurer, ASLH

From: Clydette Wantland, Journals Manager, UIP

Subject: Annual Report on Law and History Review and ASLH Dues Collection Income.

For the period July 1, 2005 to June 30, 2006 (FY 06), income collected was $88,030.36. This includes receipts from membership dues, permission fees, royalties, mailing list rentals, and advertising income. The total income collected is significantly higher this fiscal year under the new contract agreement than in previous years.

Membership / Subscription Numbers. Member/Subscriber numbers have increased by 177 since the November 2005 report. This is great news for the Society! See attached Membership Numbers for details.

Expenses. The relatively new (began Jan. 05) quarterly payment arrangement to UIP covers all expenses for production of LHR, maintaining the records for ASLH, order entry, membership management, warehousing, accounting, etc. The profit/loss line currently shows a healthy profit of $37,367.06 to ASLH. According to my calculations, this is a 49% increase over FY05. I attribute this increase to higher membership numbers and to the set expenses under our new agreement between ASLH and UIP.

ASLH New Member Reports and Other Enhancements. Working directly with Sally Hadden, Membership Committee Chair, over this past summer and fall, UIP has created a live, Web-accessible view into the ASLH Membership Fulfillment System (Eclipse). We’ve also added a function that allows for the full export of all ASLH Member information into an Excel spreadsheet report that can be sent to the Membership Committee on a regular basis.

The searchable ASLH Member online directory (http://www.press.uillinois.edu/journals/lhr/directory) has been completely updated and improved. In addition to finding fellow members by name, location, or areas of interest, the directory now has a system that allows members to update their own personal information in the online directory as well as in the Membership Fulfillment System. Finally, an automated notification system has been developed to automatically generate personalized thank-you email messages to new and renewing members. The email notice also contains detailed instructions for accessing the ASLH Member online directory. The automated notification system also creates a complete report of all new and renewing member activity, and it can email this report, including member name, ID number, and address information, to the Membership Committee.

ASLH / LHR Membership Numbers as of 11/8/06







Life Members






Individual ($150,000 and above)


Individual ($125,000-$149,000)


Individual ($100,000-$124,999)


Individual ($75,000 - $99,999)


Individual ($50,000 - $74,999)


Individual (Below $50,000)













Dues received by UIP and transferred to ASLH 7/05-6/06


$ 83,030.36

Receipts for advertising (25% ASLH, 75% UIP)

Portion transmitted to ASLH

$ 1,051.38

Portion retained by UIP

$ 3,345.37


$ 4,396.75

Receipts for permission fees (50/50 split)

Portion remitted to ASLH

$ 867.65

Portion retained by UIP

$ 670.63


$ 1,538.28

Receipts for royalties (50/50 split)

Portion remitted to ASLH

$ 2,817.42

Portion retained by UIP

$ 2,558.74


$ 5,376.18

Receipts from mailing list rental ($75 per rental to UIP)

Portion transmitted to ASLH

$ 375.00

Portion retained by UIP

$ 225.00


$ 600.00


$ 88,141.81


Fees Paid to UIP for Services

Copyediting and proofreading

Issue design, production scheduling, transmittal to

typesetter and printer


Promotion and advertising in print media

Display at scholarly/professional exhibits

Direct mail promotion to potential new subscribers

Registration of copyright; administration of rights

and permissions

Recordkeeping and reporting for dues and subscription



Renewal notices; preparation, printing, mailing

Catch-up Issues: Mailing labor and postage

Warehousing: replacement of unreceived/lost/damaged

issues, shipment of sample copies

Telephone, office supplies, equipment


$ 46,279.00

Fees Paid for Page Overages

$ 1,500.00

Mass Mailing Postage Reimbursement

$ 2,995.75


$ 50,774.75


$ 37,367.06

Publications Committee

The Law and History Review and the Studies in Legal History series are in such good hands that the Committee was mercifully inactive this year, with the small exception of approving a subvention. For this signal service, the Committee wishes to thank David S. Tanenhaus, Thomas A. Green, and Daniel R. Ernst, for their extraordinarily dedicated and effective stewardship of the Review and the series, and the University of Illinois Press and the University of North Carolina Press for their continued support of our scholarship.

Bruce H. Mann, Chair


This year, H-Law again hosted discussion among one thousand legal scholars and also, in its capacity as the ASLH’s internet interface with the world, provided up-to-date information about the society and its activities. We ended 2005 with reports about the Cincinnati meeting and ended this reporting period with news about the upcoming Baltimore meeting. From November 1 to September 26, H-Law published 485 messages, ranging from 16 in June to 94 in February. Our discussions ranged widely, including lawyers and the American Revolution, JD and PhD degrees, best nineteenth-century writing, graduate readings, development of federal bureaucracies, puritan legal and political thought, Eisenhower’s “damn fool” remark about Earl Warren, torture in Massachusetts, and the history of malpractice. This year we mourned the loss of several preeminent legal scholars, including Kermit Hall, Leonard Levy, and Kitty Preyer.

Editing H-Law is a never-ending, relentless daily task and three editors carried the burden of this work over the past year: Ken Aldous, Cheri Wilson, and Jerry Arkenberg. Christopher Waldrep and Michael Pfeifer served as book review editors. Graduate student Michael Caires of San Francisco State University assisted with the book review. Rachel Van of Columbia University continued her service maintaining the society’s website.

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