Mostrando resultados por Editor "Tantor Audio" en Historia

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.

Before Germany was engulfed by Nazi dictatorship, it was a constitutional republic. And just before Dachau Concentration Camp became a site of Nazi genocide, it was a state detention center for political prisoners, subject to police authority and due process. The camp began its irrevocable transformation from one to the other following the execution of four Jewish detainees in the spring of 1933.

Beginning in 1935, in a series of devastating decisions, the Supreme Court's conservative majority left much of Franklin Roosevelt's agenda in ruins. The pillars of the New Deal fell in short succession. It was not just the New Deal but democracy itself that stood on trial. In February 1937, Roosevelt struck back with an audacious plan to expand the Court to fifteen justices - and to "pack" the new seats with liberals who shared his belief in a "living" Constitution.

The defense of human rights is often marked by ethical dilemmas, which are especially acute in Israel, where lawyers have for decades sought redress for the abuse of Palestinian rights in the country's High Court - that is, in the court of the abuser. In The Wall and the Gate, Michael Sfard chronicles this struggle - a story that has never before been fully told - and in the process engages the core principles of human rights legal ethics.

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.

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.

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.

Though often taken for granted, the modern American public defender is a recent invention with a surprisingly contentious history - one that offers insights not only about the "carceral state" but also about the contours and compromises of 20th-century liberalism.

Operation Greylord was the longest and most successful undercover investigation in FBI history, and the largest corruption bust ever in the US. It resulted in bribery and tax charges against 103 judges, lawyers, and other court personnel, and, eventually, more than 70 indictments. And it was led by Terrence Hake, a young assistant prosecutor in the Cook County State's Attorney's Office in Chicago, who worked undercover for nearly four years.

In 1954, the Supreme Court's Brown decision ended segregated schooling in the United States, but regrettably, as documented in congressional testimony and transcripts, it also ended the careers of a generation of highly qualified and credentialed Black teachers and principals. In the Deep South and northern border states over the decades following Brown, Black schools were illegally closed and Black educators were displaced en masse. By engaging with the complicated legacy of the Brown decision, Leslie T. Fenwick illuminates a crucial chapter in education history.

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.

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.

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.

The Supreme Court's decisions on constitutional rights are well known and much talked about. But individuals who want to defend those rights need something else as well: access to courts that can rule on their complaints. And on matters of access, the Court's record over the past generation has been almost uniformly hostile to the enforcement of individual citizens' constitutional rights.

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.

Crimes That Changed Our World explores some of the most important trigger cases of the past century, revealing much about how change comes to our modern world. The exact nature of the crime-outrage-reform dynamic can take many forms, and Paul and Sarah Robinson explore those differences in the cases they present. Each case is in some ways unique but there are repeating patterns that can offer important insights about what produces change and how in the future we might best manage it.

In The Free Speech Century, two of America's leading First Amendment scholars, Lee C. Bollinger and Geoffrey R. Stone, have gathered a group of the nation's leading constitutional scholars to evaluate the evolution of free speech doctrine since Schenk and to assess where it might be headed in the future. The Free Speech Century will serve as an essential resource for anyone interested in how our understanding of the First Amendment transformed over time and why it is so critical both for the United States and for the world today.

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.

For many years, Britain tried to impose its own laws on the peoples it conquered, and English common law usually followed the Union Jack. But the common law became less common after Britain emerged from the Seven Years' War as the world's most powerful empire. At that point, imperial policymakers adopted a strategy of legal pluralism: some colonies remained under English law, while others retained much of their previous legal regimes.

Caliph Washington's life was never supposed to matter. As a Black teenager from the vice-ridden city of Bessemer, Alabama, Washington was wrongfully convicted of killing an Alabama policeman in 1957. Sentenced to death, he came within minutes of the electric chair - nearly a dozen times. A Kafka-esque legal odyssey in which Washington's original conviction was overturned three times before he was finally released in 1972, his story is the kind that pervades the history of American justice.