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.

Oliver Wendell Holmes, Jr. (1841-1935) is generally considered one of the two greatest justices of the United States Supreme Court. In more than 2000 opinions, he delineated an impressive legal philosophy that profoundly influenced American jurisprudence, particularly in the area of civil liberties and judicial restraint. In The Common Law, derived from a series of lectures delivered at the Lowell Institute in Boston, Holmes systematized his legal doctrines.

Chief Justice Rehnquist's engaging writing illuminates both the high and low points in the Court's history, from Chief Justice Marshall's dominance of the Court during the early 19th century through the landmark decisions of the Warren Court. Citing cases such as the Dred Scott decision and Roosevelt's Court-packing plan, Rehnquist makes clear that the Court does not operate in a vacuum, that the justices are unavoidably influenced by their surroundings, and that their decisions have real and lasting impacts on our society.

A leading Supreme Court expert recounts the personal and philosophical rivalries that forged our nation's highest court and continue to shape our daily lives. The Supreme Court is the most mysterious branch of government, and yet the Court is at root a human institution, made up of very bright people with very strong egos, for whom political and judicial conflicts often become personal.

Professor N. Bruce Duthu, J.D., is an internationally recognized scholar on Native American issues. In American Indians and the Law, he highlights the major events, the differing principles, and the evolving perspectives that have governed relations among the Indian tribes, the federal government, and the states.

In the first of the three volumes of his projected comprehensive narrative history of the role of law in America from the colonial years through the twentieth century, G. Edward White takes up the central themes of American legal history from the earliest European settlements through the Civil War.

It was a crime that shocked the nation: the brutal murder in Chicago in 1924 of a child by two wealthy college students who killed solely for the thrill of the experience. Nathan Leopold and Richard Loeb were intellectuals - too smart, they believed, for the police to catch them. When they were apprehended, state's attorney Robert Crowe was certain that no defense could save the ruthless killers from the gallows.

Adopted in 1868, the Fourteenth Amendment profoundly changed the Constitution, giving the federal judiciary and Congress new powers to protect the fundamental rights of individuals from being violated by the states. Yet, according to Randy Barnett and Evan Bernick, the Supreme Court has long misunderstood or ignored the original meaning of the amendment's key clauses, covering the privileges and immunities of citizenship, due process of law, and the equal protection of the laws.

Lawyers don’t often admit this in mixed company, but Madiba Dennie wants to let you in on a secret: There's no one true way to interpret the Constitution. Americans saw just how subjective it can be when the Supreme Court denied basic bodily autonomy to millions of people in its Dobbs v. Jackson Women's Health Organization decision, suggesting that our rights and liberties are frozen in a cherry-picked version of history. This is a line of constitutional interpretation called originalism—a framework that says we must be constrained by the meaning of the Constitution's text when it was written.

A provocative history that reveals how guns - not abortion, race, or religion - are at the heart of America's cultural divide. Gunfight promises to be a seminal work in its examination of America's four-centuries-long political battle over gun control and the right to bear arms. Adam Winkler uses the landmark 2008 case District of Columbia v. Heller, which invalidated a law banning handguns in the nation's capital, as a springboard for a groundbreaking historical narrative.

No member of America's founding generation had a greater impact on the Constitution and the Supreme Court than John Marshall, and no one did more to preserve the delicate unity of the fledgling United States. From the nation's founding in 1776 and for the next 40 years, Marshall was at the center of every political battle. As Chief Justice of the United States - the longest-serving in history—he established the independence of the judiciary and the supremacy of the federal Constitution and courts.

Rulers throughout history have used laws to impose order. But laws were not simply instruments of power and social control. They also offered ordinary people a way to express their diverse visions for a better world. Oxford scholar Fernanda Pirie traces the rise and fall of the sophisticated legal systems underpinning ancient empires and religious traditions, while also showing how common people - tribal assemblies, merchants, farmers - called on laws to define their communities, regulate trade, and build civilizations.

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 continues to function, grow, and change as an American institution. Tracing some of the origins of American law through history, people, ideas, and landmark cases, O’Connor sheds new light on the basics, exploring through personal observation the evolution of the Court and American democratic traditions.

Best known as a monumental achievement of the civil rights movement, the 1964 Civil Rights Act also revolutionized the lives of America's working women. Title VII of the law made it illegal to discriminate "because of sex". But that simple phrase didn't mean much until ordinary women began using the law to get justice on the job - and some took their fights all the way to the Supreme Court.

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.

History remembers John Adams as a Founding Father and our country’s second president. But in the tense years before the American Revolution, he was still just a lawyer, fighting for justice in one of the most explosive murder trials of the era. On the night of March 5, 1770, shots were fired by British soldiers on the streets of Boston, killing five civilians. The Boston Massacre has often been called the first shots of the American Revolution.

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.

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.

Holmes twice escaped death as a young Union officer in the Civil War when musket balls barely missed his heart and spinal cord. He lived ever after with unwavering moral courage, scorn for dogma, and an insatiable intellectual curiosity. Named to the Supreme Court by Theodore Roosevelt at age 61, he served for nearly three decades, writing a series of famous, eloquent, and often dissenting opinions that would prove prophetic in securing freedom of speech, protecting the rights of criminal defendants, and ending the Court's reactionary resistance to social and economic reforms.

America after the Civil War was a land of shattered promises and entrenched hatreds. In the explosive South, danger took many forms: white extremists loyal to a defeated world terrorized former slaves, while in the halls of government, bitter and byzantine political warfare raged between Republicans and Democrats.