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Cromwell Foundation Cromwell Article Prize to Funk & Mayson
Via the William Nelson Cromwell Foundation, we have the following announcement:
The Cromwell Article Prize for
best article in legal history published in the calendar year 2024 has been
awarded to Kellen R. Funk (Columbia Law School) and Sandra D. Mayson (Penn
Carey Law School) for their article Bail at the Founding, published in volume 137 of the Harvard Law Review. Funk and Mayson do a deep dive into
the law and practice of bail at the founding, finding that the
liberty-protecting law on the books was belied in practice for many accused of
crimes, for whom pretrial detention was a routine matter. Through astonishing archival sleuthing, the
authors uncover a world of pretrial detention and bail practice that turned not
on cash but on reputation. Sureties and
unsecured pledges, they find, were the principal mechanisms for those let out
of custody pending trial in the early republic.
Bail at the Founding is an archival exploration of great value to the
working out of the Constitution’s original public meaning for questions about
pretrial detention. It is also a
challenge to that project, because it raises deep questions about whether and
how the reputation-centered and cash-scarce world of the late eighteenth
century can be translated into the cash- and credit-rich world of the twenty
first.
The William Nelson Cromwell
Foundation, established by William Nelson Cromwell in 1930, supports work in
American legal history. The Foundation’s prize for the legal history
article of the year is intended to recognize the growing role of legal history
and teaching and research in law schools. This year the prize was selected from
articles published in leading student-edited law journals. The prize
committee, chaired by Foundation trustee John Fabian Witt (Yale Law School),
consisted of Foundation trustees Sarah Barringer Gordon (Penn Carey Law) and
John Langbein (Yale Law School), along with Dan Ernst (Georgetown Law), Amalia
Kessler (Stanford Law School), and Alison LaCroix (University of Chicago Law
School).
The Foundation makes grants
to support important work in all facets of American legal history including
archival preservation, scholarly study of original documents, original research
in all areas of the law, and research and writing of biographies of major legal
figures. Information on how to apply for a prize, fellowship or grant may be
found on the Foundation’s website, cromwellfoundation.org.
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Congratulations to Professor Funk and Professor Mayson!
-- Karen Tani
