Kyle Scott is assistant professor in the Department of Political Science at the University of North Florida.

• Chapter 1 IntroductionChapter 2 Chapter 1. Defining the Common Law and Surveying the LiteratureChapter 3 Chapter 2. Debating the Common Law in AmericaChapter 4 Chapter 3. An Evaluation of the Factors that have led to the DismantlingChapter 5 Chapter 4. The Decline in the Use of JuriesChapter 6 Chapter 5. Equity, Sovereign Immunity, and ConsequencesChapter 7 Chapter 6. Montesquieu as the Intellectual ForerunnerChapter 8 Conclusion

America's abandonment of its original legal-political tradition is a timely topic, given concerns about the judicializing of politics and how to foster the rule of law in our democratic era. The eclipse of the traditional common law in academia and the courts removes a pillar of constitutional democracy. Kyle Scott shows that this is the crucial missing context for our debates about powerful lawyers and litigation, and about judicial activism. Students of law, judicial power, and political development will profit from this display that old ideas and authors guide the spirit of current policies and disputes.