“‘No Body to be Kicked’? Monopoly, Financial Crisis, and Popular Revolt in 18th-Century Haiti and America”

Just out in Law and Literature: “‘No Body to be Kicked’? Monopoly, Financial Crisis, and Popular Revolt in 18th-Century Haiti and America.”

Here’s the abstract:

“Contemporary law and legal theory are resigned to the view that the corporation is a mere nexus of contracts, a legal person lacking both body and soul. This essay explores that commitment to the immateriality of the corporation through a discussion of the 18th-century revolt against the Indies Company in Saint-Domingue (Haiti) and British North America. Opponents of the joint-stock monopoly in these Atlantic settings believed, like critics of transnational corporate power today, that the company form represented a merger of wealth and power operating to subvert the liberties of disenfranchised outsiders. Financial crisis served to destabilize the fiscal and political environment that insulated the Indies Company from its critics, who took advantage of these openings by attacking the material embodiments of the corporation in the name of “free trade.” The 18th-century opposition to monopoly privilege suggests that corporate personality was neither dismissed as fiction nor accepted as reality, and that in some circumstances, at least, the corporate body could indeed be held to account for the sins of a person without conscience.”

Photos of a recent trip to Haiti (Part 2 of 2)

All photos © Malick W. Ghachem, 2016.  Please do not reproduce without permission.

Photos of a recent trip to Haiti (Part 1 of 2)

All photos © Malick W. Ghachem, 2016.  Please do not reproduce without permission.

Interview with “New Books in Caribbean Studies”

Although the book is not quite so “new” anymore, I enjoyed doing this recent interview on The Old Regime and the Haitian Revolution with Dan Livesay, editor of the “New Books in Caribbean Studies” podcast series.  An embedded link to the podcast appears directly below.

The Imitation Monticello and “Black Histories Matter”

In connection with a recent piece co-authored with Erica Caple James entitled “Black Histories Matter” that appears in the current issue of Perspectives, the AHA newsletter, here are photos (by ECJ) of the Somers, CT replica of Jefferson’s Monticello.  The article includes a photo of the original.

IMG_6895 3 smaller version IMG_6891 2

Accommodating Empire: Comparing French and American Paths to the Legalization of Gay Marriage

Just published in the Southern California Law Review, my essay on empire, immigration, Islam, and the legalization of gay marriage in France and the United States.  The full cite is 88 S. Cal. L. Rev. 511 (2015).

New laws of slavery database

A shout out to Dominique Rogers and Myriam Cottias for coordinating the just-released, massive new database on the laws of slavery and the slave trade, as part of the EURESCL initiative.  I have only fiddled with it briefly thus far, but it looks most impressive: a wide-ranging collection of statutory texts (with some “decisional” law bearing on the French colonies primarily, it seems — I was not able to see yet if there is case law from the Anglo-American jurisdictions).  Thank you Dominique Rogers and Myriam Cottias!