Showing titles in History

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. 

Constitutional originalism stakes law to history. The theory's core tenet—that the United States Constitution should be interpreted according to its original meaning—has us decide questions of modern constitutional law by consulting the distant constitutional past. Yet originalist engagement with history is often deeply problematic. In this comprehensive and novel critique of originalism, Jonathan Gienapp targets originalists' unspoken assumptions about the Constitution and its history.

Indigenous Australians are the most incarcerated people on the planet. Indigenous men are fifteen times more likely to be locked up than their non-Indigenous counterparts; Indigenous women are twenty-one times more likely. Featuring vivid case studies and drawing on a deep sense of history, Black Lives, White Law explores Australia's extraordinary record of locking up First Nations people.

On November 23, 1849, in the heart of Boston, one of the city's richest men vanished. Dr. George Parkman, a Brahmin who owned much of Boston's West End, was last seen that afternoon visiting his alma mater, Harvard Medical School. Police scoured city tenements and the harbor - some leads put Parkman at sea or in Manhattan - but a Harvard janitor held a much darker suspicion: that their ruthless benefactor had never even left the Medical School building. His shocking discovery engulfed America in one of its most infamous trials.

Fifty years after President Richard Nixon declared a "War on Drugs", the United States government has spent more than a trillion dollars fighting a losing battle. In a rare multifaceted overview of the underground drug market, featuring historical and ethnographic accounts of illegal drug production, distribution, and sales, The War on Drugs: A History examines how drug-war policies contributed to the making of the carceral state, racial injustice, regulatory disasters, and a massive underground economy.  

The "Lackawanna Six" were young men, born of Yemeni families long settled in upstate New York, who took a trip to Pakistan and Afghanistan and spent time in an al-Qaeda training camp long before the specter of 9/11, before most people had even heard of Osama Bin Laden, and before the existence of the Homeland Security Act.

From her first strokes as a novice, Ginny Gilder found herself in a new world, training with Olympic rowers and participating in the famous Title IX naked protest, which helped define the movement for equality in college sports. Short, asthmatic, and stubborn, Gilder made the team against all odds and for the next 10 years devoted herself to answering a seemingly simple question: how badly do you want to go fast?

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...

In the context of a clear and bracing legal history of accountability for sexual assault and the legal recognition of sexual harassment, Nussbaum confronts three "citadels of pride" - the judiciary, the arts, and sports. Exposing prideful privilege in the intellectual world, unpunished narcissism in the arts, and toxic masculinity and corruption in American sports, she discusses egregious cases of male entitlement leading to sexual abuse and exploitation. 

Law and Criminality in the Middle Ages: Academic Essays by Professor Onyoo Elizabeth Kim of Handong University in Korea is an academic feat in legal studies.

Trained by America's best medieval canon lawyers and having had extensive medieval law research experience in Europe, Professor Kim delivers an audiobook on the Law of the Middle Ages that is relevant for today's legal, scholarly, and intellectual discussions.

Born into slavery, Henrietta Wood was taken to Cincinnati and legally freed in 1848. In 1853, a Kentucky deputy sheriff named Zebulon Ward colluded with Wood's employer, abducted her, and sold her back into bondage. She remained enslaved throughout the Civil War, giving birth to a son in Mississippi and never forgetting who had put her in this position. By 1869, Wood had obtained her freedom for a second time and returned to Cincinnati, where she sued Ward for damages in 1870. Astonishingly, after eight years of litigation, Wood won her case: In 1878, a Federal jury awarded her $2,500.

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...

Les 38 causes notoires racontées dans ce livre avec talent par le journaliste Daniel Proulx nous instruisent sur notre pensée et notre morale. Elles forcent la réflexion sur l’état de notre société et de notre justice, ce pilier de notre démocratie.

For most of the 20th century, the American founding has been presented as a struggle between social classes over issues arising primarily within, rather than outside, the United States. But in recent years, new scholarship has instead turned to the international history of the American union to interpret both the causes and the consequences of the US Constitution. Max M. Edling argues that the Constitution was created to defend US territorial integrity and the national interest from competitors in the western borderlands and on the Atlantic Ocean.

Will abortion be legal? Should people of the same sex be allowed to marry? May colleges prefer black applicants over white ones? These are among the most bitterly contested issues in the United States today. We answer these questions, and many more, by presenting them to nine lawyers—the justices of the Supreme Court of the United States. No other nation commits so many important questions to its highest court. Stuart Banner’s The Most Powerful Court in the World is an authoritative history of the United States Supreme Court from the Founding era to the present.

In the UK, we have some bizarre laws that have littered the statute books of our sceptred isle throughout history. Not all of them have been repealed over the centuries. Some of them made perfect sense at the time they were introduced but seen through modern eyes, now appear archaic and draconian. Despite the great efforts of the Law Commission in England and Wales to review and recommend reforms for many of these outdated laws, there are centuries of law that must be painstakingly gone through.

Both historically and in the present, the Supreme Court has largely been a failure In this devastating book, Erwin Chemerinsky—“one of the shining lights of legal academia” (The New York Times)—shows how, case by case, for over two centuries, the hallowed Court has been far more likely...

Over the last 30 years, the Federalist Society for Law and Public Policy Studies has grown from a small group of disaffected conservative law students into an organization with extraordinary influence over American law and politics. Although the organization is unknown to the average citizen, this group of intellectuals has managed to monopolize the selection of federal judges, take over the Department of Justice, and control legal policy in the White House.

Judge Richard Posner is one of the great legal minds of our age. A judge on the US Court of Appeals for the Seventh Circuit and the principal exponent of the enormously influential law and economics movement, he writes provocative books as a public intellectual, receives frequent media attention, and has been at the center of some very high-profile legal spats. He is also a member of an increasingly rare breed—judges who write their own opinions rather than delegating the work to clerks. Now, for the first time, this fascinating figure receives a full-length biographical treatment.

Since the Supreme Court's 1984 decision in Chevron v. Natural Resources Defense Council, this judicial review has been highly deferential: courts must uphold agency interpretations of unclear laws as long as these interpretations are "reasonable." But the Chevron doctrine faces backlash from constitutional scholars and, now, from Supreme Court justices who insist that courts, not administrative agencies, have the authority to say what the law is. Recognizing that Congress cannot help relying on agencies to carry out laws, Merrill rejects the notion of discarding the administrative state.