Showing titles in History

Using his unique lens as a critical race theorist and law professor, Khaled A. Beydoun captures the many ways in which law, policy, and official state rhetoric have fueled the frightening resurgence of Islamophobia in the US.

What explains the insistent pull of Roe v. Wade? Abortion law expert Mary Ziegler argues that the US Supreme Court decision, which decriminalized abortion in 1973 and was overturned in 2022, had a hold on us that was not simply the result of polarized abortion politics. Rather, Roe took on meanings far beyond its original purpose of protecting the privacy of the doctor-patient relationship. It forced us to confront questions about sexual violence, judicial activism and restraint, racial justice, religious liberty, the role of science in politics, and much more.

The Devil's Advocates shows us the crimes and trials that have captivated the public, cases that illuminate the underlying principles of the American criminal-justice system.

What do the thoughts of a ravenous tiger have to do with the evolution of America's legal system? How do the works of Jane Austen and Ludwig van Beethoven relate to corporal punishment? In The Law of the Land, Charles Rembar examines these and many other topics, illustrating the surprisingly entertaining history of US law.

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.

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....

When Richard Nixon campaigned for the presidency in 1968, he promised to change the Supreme Court. With four appointments to the court, including Warren E. Burger as the chief justice, he did just that. In 1969 the Burger Court succeeded the famously liberal Warren Court, which had significantly expanded civil liberties and was despised by conservatives across the country.

Today's copyright wars can seem unprecedented. Sparked by the digital revolution that has made copyright - and its violation - a part of everyday life, fights over intellectual property have pitted creators, Hollywood, and governments against consumers, pirates, Silicon Valley, and open-access advocates. But while the digital generation can be forgiven for thinking the dispute between, for example, the publishing industry and Google is completely new, the copyright wars in fact stretch back three centuries - and their history is essential to understanding today's battles.

February 26, 1924 was the first day of the greatly anticipated high treason trial that would galvanize Germany - but few in the courtroom that morning anticipated that the leading defendant, General Erich Ludendorff, whose risky offensives during World War I doomed Germany to defeat, would soon be eclipsed by the private first class at his side, Adolf Hitler. Hitler was charged with treason after unsuccessfully trying to seize power in the notorious Beer Hall Putsch in Munich in 1923.

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.

Our trial courts conduct hardly any trials, our correctional systems do not correct, and the rise of mandated arbitration has ushered in a shadowy system of privatized "justice". Meanwhile, our legislators can't even follow their own rules for making rules while the rule of law mutates into a perpetual state of emergency. The legal system is becoming an incomprehensible farce. How did this happen? In The Nonsense Factory, Bruce Cannon Gibney shows that over the past 70 years, the legal system has dangerously confused quantity with quality and might with legitimacy.

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.

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.

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.

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.

On May 3, 1946, in St. Martinsville, Louisiana, a 17-year-old Black boy was scheduled for execution by electric chair. Willie Francis had been charged with murder; his trial had been brief; his death sentence never in doubt. When the executioners flipped the switch, Willie screamed and writhed as electricity coursed through his body. But Willie Francis did not die. Having miraculously survived, Willie was informed that the state would attempt to execute him a second time within a week.

Few American institutions have inflicted greater suffering on ordinary people than the Supreme Court of the United States. Since its inception the justices of the Supreme Court have shaped a nation where children toiled in coal mines, where Americans could be forced into camps because of their race, and where a woman could be sterilized against her will by state law.

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.

Clarence Darrow is the most celebrated criminal trial lawyer in American history. In the spring of 1911, organized labor implored Darrow to represent the McNamara brothers, two union iron workers charged with the murder of 20 employees arising out of the bombing of the Los Angeles Times building. Darrow and his wife Ruby's trip west quickly became a fight for survival.

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.