Showing titles in History

Plessy v. Ferguson, the Supreme Court case synonymous with "separate but equal", created remarkably little stir when the justices announced their near-unanimous decision on May 18, 1896. Yet it is one of the most compelling and dramatic stories of the 19th century, whose outcome embraced and protected segregation, and whose reverberations are still felt into the 21st. Separate spans a striking range of characters and landscapes, bound together by the defining issue of their time and ours - race and equality.

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.

In this sweepingly ambitious volume, the nation's foremost experts on the American presidency and the US Constitution join together to tell the intertwined stories of how each American president has confronted and shaped the Constitution. Each occupant of the office - the first president to the 44th - has contributed to the story of the Constitution through the decisions he made and the actions he took as the nation's chief executive.

Copyright is everywhere. Your smartphone incorporates thousands of items of intellectual property. Someone owns the reproduction rights to photographs of your dining table. At this very moment, battles are raging over copyright in the output of artificial intelligence programs. Not only books but wallpaper, computer programs, pop songs, cartoon characters, snapshots, and cuddly toys are now deemed to be intellectual properties—making copyright a labyrinthine construction of laws with colorful and often baffling rationales covering almost all products of human creativity.

They began as close allies and friends of FDR, but the quest to shape a new Constitution led them to competition and sometimes outright warfare. Scorpions tells the story of four great justices: their relationship with Roosevelt, with each other, and with the turbulent world of the Great Depression, World War II, and the Cold War. It also serves as a history of the modern Constitution itself.

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.

Lawrence M. Friedman is Professor of Law at Stanford University and author of 23 books about law and legal history. Hailed as American law's greatest living historian, Friedman traces the evolution of America's legal system from the colonial period to the present. A Modern Library Chronicle, this book is concise, insightful, and graced with wit.

This treatise comprises questions 90–97 of the Summa Theologica, in which St. Thomas Aquinas presents a philosophical analysis of the nature and structure of law. Believing that law achieves its results by imposing moral obligations rather than outright force on those subject to it, he proceeds to explore vital questions about the essence of law, kinds of law, effects of law, eternal law, natural law, human law, and changes in law.

Rot and Revival is one of the first scholarly works to comprehensively theorize and document how politics make American constitutional law and how the courts affect the path of partisan politics. Rejecting the idea that the Constitution's significance and interpretation can be divorced from contemporary political realities, Anthony Michael Kreis explains how American constitutional law reflects the ideological commitments of dominant political coalitions, the consequences of major public policy choices, and the influences of intervening social movements.

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.

Distinguished New York attorney James D. Zirin presents Trump's lengthy litigation history as an indication of his character and morality, and his findings are chilling: if you partner with Donald Trump, you will probably wind up litigating with him. If you enroll in his university or buy one of his apartments, chances are you will want your money back. If you are a woman and you get too close to him, you may need to watch your back. If you make a deal with him, you had better get it in writing. If you are a lawyer, an architect, or even his dentist, you'd better get paid up front.

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.

In this book, author Orde Kittrie draws on his experiences as a lawfare practitioner, US State Department attorney, and international law scholar in analyzing the theory and practice of lawfare. Kittrie explains how factors including the increased reach of international laws and tribunals and the rise of economic globalization and information technology have fueled lawfare's increasing power and prevalence.

In the period between the Civil War and the New Deal, American governance was transformed, with momentous implications for social and economic life. Legal reforms gradually brought an end to traditions of local self-government and associative citizenship, replacing them with positive statecraft: governmental activism intended to change how Americans lived and worked. William J. Novak shows how Americans translated new conceptions of citizenship, social welfare, and economic democracy into demands for law and policy that delivered public services and vindicated people's rights.

When people think of the Holocaust, they think of Auschwitz, of Dachau; and when they think of justice for this terrible chapter in history, they think of Nuremberg. Not of Russia or the Ukraine, and certainly not a town called Kharkov. But in reality, the first war-crimes trial against the Nazis was in this idyllic, peaceful Ukrainian city, which is fitting, because it is also where the Holocaust actually began.

When Americans think of freedom, they often picture the open road. Yet nowhere are we more likely to encounter the long arm of the law than in our cars. Sarah Seo reveals how the rise of the automobile led us to accept - and expect - pervasive police power. As Policing the Open Road makes clear, this radical transformation in the nature and meaning of American freedom has had far-reaching political and legal consequences.

Free speech as we know it comes less from the First Amendment than from a most unexpected source: Supreme Court justice Oliver Wendell Holmes. A lifelong skeptic, he disdained all individual rights, including the right to express one's political views. But in 1919, it was Holmes who wrote a dissenting opinion that would become the canonical affirmation of free speech in the United States.

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.

The sudden passing of Justice Antonin Scalia shook America. After almost 30 years on the Supreme Court, Scalia had become as integral to the institution as the hallowed room in which he sat. His wisecracking interruptions during oral arguments, his unmatched legal wisdom, his unwavering dedication to the Constitution, and his blistering dissents defined his leadership role on the court and inspired new generations of policymakers and legal minds.