Showing titles in History

Timothy Sandefur's insightful book provides a dramatic new challenge to the status quo of constitutional law and argues a vital truth: our Constitution was written not to empower democracy, but to secure liberty. Yet the overemphasis on democracy by today's legal community - rather than the primacy of liberty, as expressed in the Declaration of Independence - has helped expand the scope of government power at the expense of individual rights.

Law has played a central role in American history. From colonial times to the present, law has not just reflected the changing society in which legal decisions have been made - it has played a powerful role in shaping that society, though not always in positive ways. Eminent legal scholar G. Edward White offers a compact overview that sheds light on the impact of law on a number of key social issues. 

TikTok’s favorite lawyer and host of The Rebuttal Podcast Reb Masel offers an irreverent, enlightening, and endlessly entertaining survey of the law and the unexpected lessons we can learn from it. In 2021, newly barred attorney Reb Masel started posting on TikTok about the intricacies and...

For over seventy years and five generations, the enslaved families of Prince George's County, Maryland, filed hundreds of suits for their freedom against a powerful circle of slaveholders, taking their cause all the way to the Supreme Court. Between 1787 and 1861, these lawsuits challenged the legitimacy of slavery in American law and put slavery on trial in the nation's capital. Piecing together evidence once dismissed in court and buried in the archives, William Thomas tells an intricate and intensely human story of the enslaved families.

John Marshall (1755 - 1835) was arguably the most important judicial figure in American history. As the fourth chief justice of the United States Supreme Court, serving from 1801 to 1835, he helped move the Court from the fringes of power to the epicenter of constitutional government. His great opinions in cases like Marbury v. Madison and McCulloch v. Maryland are still part of the working discourse of constitutional law in America.

Americans are deeply divided over the Second Amendment. Some passionately assert that the Amendment protects an individual's right to own guns. Others, that it does no more than protect the right of states to maintain militias. Now, in the first and only comprehensive history of this bitter controversy, Saul Cornell proves conclusively that both sides are wrong. Cornell, a leading constitutional historian, shows that the Founders understood the right to bear arms as neither an individual nor a collective right, but as a civic right.

NATIONAL BESTSELLER “Shows us why Sandra Day O’Connor is so compelling as a human being and so vital as a public thinker.”—Michael Beschloss In this remarkable book, Sandra Day O’Connor explores the law, her life as a Supreme Court Justice, and how the Court has evolved and...

Indian peoples made some 400 treaties with the United States between the American Revolution and 1871, when Congress prohibited them. They signed nine treaties with the Confederacy, as well as countless others over the centuries with Spain, France, Britain, Mexico, the Republic of Texas, Canada, and even Russia, not to mention individual colonies and states. In retrospect, the treaties seem like well-ordered steps on the path of dispossession and empire. The reality was far more complicated.

When a police officer stood at his bedroom door on August 3, 1982, Michael Hardwick had no idea that he would become an avatar of the gay rights movement. Arrested for sodomy, Hardwick sued for his right to privacy all the way to the Supreme Court, as the HIV/AIDS epidemic spiraled. When he lost, his era-defining case inspired a half-million people to protest against the Court. Today Bowers v. Hardwick continues to reverberate as the rights of privacy underpinning abortion, contraception, and same-sex relationships come under fire.

Legal luminary Burt Neuborne argues that the structure of the First Amendment as well as of the entire Bill of Rights was more intentional than most people realize, beginning with the internal freedom of conscience and working outward to freedom of expression and finally freedom of public association. This design, Neuborne argues, was not to protect discrete individual rights - such as the rights of corporations to spend unlimited amounts of money to influence elections.

Guaranteed to give the listener a deeper understanding of America’s most powerful judicial body, John Yoo, professor of law at UC Berkeley, and Robert Delahunty, professor of law at the University of St. Thomas, detail in sprightly, slightly irreverent manner how the black-robed judges who make up the U.S. Supreme Court have swung like a pendulum from saviors of the Republic to super-legislators who usurp the roll of Congress and dictate law from the bench, back to defenders of the Constitution again—or at least for the moment.

From the nation's most peripatetic civil liberties lawyer comes a "dazzling and stimulating" exploration of how the creation of the ten commandments provides the origins to today's law (Library Journal). Alan Dershowitz is one of America's most famous litigation experts. In the Genesis of...

From 1953 to 1969, the Supreme Court under Chief Justice Earl Warren brought about many of the proudest achievements of American constitutional law. The Warren Court declared racial segregation and laws forbidding interracial marriage to be unconstitutional; it expanded the right of citizens to criticize public officials; it held school prayer unconstitutional; and it ruled that people accused of a crime must be given a lawyer even if they can't afford one. Yet conservative critics have fiercely accused the justices of the Warren Court of abusing their authority....

The Apology of Socrates, by Plato, is the dialogue that presents the speech of legal self-defense, which Socrates presented at his trial for impiety and corruption, in 399 BC. Specifically, The Apology of Socrates is a defense against the charges of “corrupting the youth” and “not believing in the same gods as the city, but in other gods which are novel” to Athens.

In January 1982, an elderly white widow was found brutally murdered in the small town of Greenwood, South Carolina. Police immediately arrested Edward Lee Elmore, a semiliterate, mentally retarded black man with no previous felony record. His only connection to the victim was having cleaned her gutters and windows, but barely ninety days after the victim’s body was found, he was tried, convicted, and sentenced to death. Elmore had been on death row for eleven years when a young attorney named Diana Holt first learned of his case.

Critical race theory (CRT), a vital movement and discipline in American legal scholarship, has transformed our understanding of systemic racism. Yet despite insightful analysis revealing the threads of racism embedded in American institutions and society, it has been demonized by opponents at every turn. The Origins of Critical Race Theory weaves together the many sources of critical race theory, recounting the origin story for one of the most insightful and controversial academic movements in U.S. history.

E Pluribus Unum highlights the political context in which the common law developed, and how it influenced the United States Constitution. In practice, the triumph of the common law over competing approaches gave lawyers more authority than governing officials. By the end of the 18th century, many colonial legal professionals began to espouse constitutional ideology that would mature into the doctrine of judicial review.

A stunning revision of our founding document’s evolving history that forces us to confront anew the question that animated the founders so long ago: What is our Constitution? Americans widely believe that the United States Constitution was created when it was drafted in 1787 and ratified in 1788. But in a shrewd rereading of the founding era, Jonathan Gienapp upends this long-held assumption, recovering the unknown story of American constitutional creation in the decade after its adoption.

Tell is the riveting story of Major Margaret Witt’s dedicated and decorated military career as a frontline flight nurse, and of her love and devotion to her partner - now wife - Laurie Johnson. Tell captures the tension and drama of the politically charged legal battle that led to the congressional repeal of the controversial law and helped pave the way for a suite of landmark political and legal victories for gay rights.

Americans revere the Constitution even as they argue fiercely over its original toleration of slavery. Some historians have charged that slaveholders actually enshrined human bondage at the nation's founding. The acclaimed political historian Sean Wilentz shares the dismay but sees the Constitution and slavery differently. Although the proslavery side won important concessions, he asserts, antislavery impulses also influenced the framers' work. Far from covering up a crime against humanity, the Constitution restricted slavery's legitimacy under the new national government.