James Oldham: Selected Publications

The Mansfield Manuscripts and the Growth of English Law in the Eighteenth Century (University of North Carolina Press, 1992)

English Common Law in the Age of Mansfield (University of North Carolina Press, 2004)

1. The Jury

Trial by Jury: The Seventh Amendment and Anglo-American Special Juries (New York University Press, 2006)

The Varied Life of the Self-Informing Jury (Selden Society, 2005)

“Only Eleven Shillings: Abusing Public Justice in England in the Late Eighteenth Century.” Green Bag 2d 15 (2012): 175-188, 263-273

“On the Question of a Complexity Exception to the Seventh Amendment Guarantee of Trial by Jury.”  Ohio State Law Journal 71 (2010): 1031-1053

“Jury Research in the English Reports in CD-ROM.”  In The Dearest Birth Right of the People of England: The Jury in the History of the Common Law, ed. John W. Cairns and Grant McLeod (Hart, 2002), 131-153

“The Seventh Amendment Right to Jury Trial: Late Eighteenth Century Practice Reconsidered.” In Human Rights and Legal History: Essays in Honour of Brian Simpson, ed. A.W.B. Simpson, Katherine O’Donovan and Gerry R. Rubin (Oxford University Press, 2000), 225-253

“The History of the Special (Struck) Jury in the United States and Its Relation to Voir Dire Practices, the Reasonable Cross-Section Requirement, and Peremptory Challenges.” 

William and Mary Bill of Rights Journal 6 (1998): 623-675

“Truth-Telling in the Eighteenth-Century English Courtroom.”  Law and History Review 12 (1994): 95-121

“The Work of Ryder and Murray as Law Officers of the Crown.”  In Legal Record and Historical Reality: Proceedings of the Eighth British Legal History Conference (Hambledon Press, 1989), 157-173

“Special Juries in England: Nineteenth Century Usage and Reform.” Journal of Legal History

8 (1987): 148-166

“On Pleading the Belly: A History of The Jury of Matrons.”  In Criminal Justice History: An International Annual 1-64 (Meckler, 1985), 6: 1-64 and Crime, Police and the Courts in British History (Meckler, 1990), 1-64

“The Origins of the Special Jury.” University of Chicago Law Review 50 (1983): 137-221

2. Commerce


“The Historically Shifting Sands of Reasons to Arbitrate.”  Journal of Dispute Resolution 2016: 41-54

“Arbitration in America: The Early History.” Law and History Review 31 (2013): 241-266 (with Su Jin Kim)    

“John Locke, Lord Mansfield, and Arbitration during the Eighteenth Century.” Historical Journal 36 (1993): 137-159 (with Henry Horwitz)


“The Law of Contracts as Reported in The Times, 1785–1820.”  In English Legal History and Its Sources: Essays in Honour of Sir John Baker, ed. David Ibbetson, Neil Jones, and Nigel Ramsay (Cambridge University Press, 2019), 54-76

“Creditors and the Feme Covert.”  In Law and Legal Process: Substantive Law and Procedure in English Legal History, ed. Matthew Dyson and David Ibbetson (Cambridge University Press, 2013), 217-245

“Reinterpretations of 18th-Century English Contract Theory: The View from Lord Mansfield’s Trial Notes.”  Georgetown Law Journal 76 (1988): 1949-1991


“Insuring Maritime Trade with the Enemy in the Napoleonic Era.” Texas International Law Journal 47 (2012): 561-586 (with Su Jin Kim)

“Insurance Litigation Involving the Zong and other British Slave Ships, 1780-1807.”  Journal of Legal History 28 (2007): 299-318

3. Judges and Law Reporting

Case Notes of Sir Soulden Lawrence, 1787-1800, ed. James Oldham (Selden Society, 2013)

“Law Versus Equity—as Reflected in Lord Eldon’s Manuscripts.”  American Journal of Legal History 58 (2018): 208-226 (with Michelle Johnson)

“Lord Kenyon: Preaching from the Bench.”  In Great Christian Jurists in English History, ed.

Mark Hill and R.H. Helmholz (Cambridge University Press, 2017), 237-251

“The Indispensability of Manuscript Case Notes to Eighteenth-Century Barristers and Judges.”  In Making Legal History: Approaches and Methodologies, ed. Anthony Musson and Chantal Stebbings (Cambridge University Press, 2012), 30-52

“Informal Lawmaking in England by the Twelve Judges in the Late Eighteenth and Early Nineteenth Centuries.”  Law and History Review 29 (1981): 181-220

“Lord Mansfield.”  The Oxford International Encyclopedia of Legal History, ed. Stanley N. Katz et al. (Oxford University Press, 2009), 4: 141-144

“Lord Mansfield, Stare Decisis, and the Ratio Decidendi 1756 to 1788.”  In Ratio Decidendi: Guiding Principles of Judicial Decision, ed. W. Hamilton Bryson and Serge Dauchy (Duncker & Humblot, 2006), 137-150

“Foreword.”  In Reports of Cases in the Court of the Exchequer in the Time of King Charles I (1625-1648), ed. W. Hamilton Bryson (William S. Hein & Co. 2006), 7-12

“Judicial Activism in Eighteenth-Century English Common Law in the Time of the Founders: The More Things Change, the More They Stay the Same.” Green Bag 2d 8 (2005): 269-280

“Law-Making at Nisi Prius in the Early 1800s.” Journal of Legal History 25 (2004): 221-247

“A Profusion of Chancery Reform.”  Law and History Review 609-614 22 (2004): 609-614

“Underreported and Underrated: The Court of Common Pleas in the Eighteenth Century.”  In Law as Culture & Culture As Law: Essays in Honor of John Philip Reid, ed. John Phillip Reid, Hendrik Hartog, William E. Nelson and Barbara Wilcie Kern (Madison House, 2000), 119-146

“New Light on Mansfield and Slavery.” Journal of British Studies 27 (1988): 45-68

“Eighteenth-Century Judges’ Notes: How They Explain, Correct and Enhance the Reports.” American Journal of Legal History 31 (1987): 9-42

“The Law of Negligence as Reported in The Times, 1785–1820.”  Law and History Review

36 (2018): 383-419

“Detecting Non-Fiction: Sleuthing Among Manuscript Case Reports for What Was Really

Said.”  In Law Reporting in Britain, ed. Chantal Stebbings (Hambledon Press, 1995), 133-155

“The Survival of Sir William Jones in American Jurisprudence.”  In Objects of Enquiry: The

Life, Contributions, and Influences of Sir William Jones (1746-1794), ed. Garland Cannon and Kevin R. Brine (New York University Press, 1995), 92-101

“The Royal Courts of England in 1789.”  In Högsta domsmakten i Sverige under 200 år [The

Highest Court in Sweden for 200 Years] (Institutet för rättshistorisk forskning, 1990), 46-63

“Law Reporting in the London Newspapers, 1756-1786.”  American Journal of Legal History 31 (1987): 77-206