Showing titles in History

In 1974, Judge George Boldt issued a ruling that affirmed the fishing rights and tribal sovereignty of Native nations in Washington State. The Boldt Decision transformed Indigenous law and resource management across the United States and beyond. The case also brought about far-reaching societal changes, reinforcing tribal sovereignty and remedying decades of injustice. Eminent legal historian and tribal advocate Charles Wilkinson tells the story of the Boldt Decision against the backdrop of salmon's central place in the cultures and economies of the Pacific Northwest.

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.

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.

Buying the Vote analyzes the rise and decline of campaign finance reform by tracking the evolution of both the ways in which presidential campaigns have been funded since the late nineteenth century. Through close examinations of major Supreme Court decisions, Mutch shows how the Court has fashioned a new and profoundly inegalitarian definition of American democracy.

No Supreme Court justice has come from humbler circumstances than Clarence Thomas, yet critics denounce him as the "cruelest justice," a heartless traitor to his race who cynically sacrifices justice to ideology. In this provocative new book, Judge Amul Thapar demolishes that caricature. Exploring the human stories behind twelve illustrative cases on which Justice Thomas has ruled, he demonstrates the coherence of Thomas’s judicial philosophy and the profound humanity on which it rests.

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.

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.

Arguably the most important American lawyer of the 20th century, Thurgood Marshall was on the verge of bringing the landmark suit Brown v. Board of Education before the US Supreme Court when he became embroiled in a case that threatened to change the course of the civil rights movement and to cost him his life. In 1949, Florida's orange industry was booming, and citrus barons got rich on the backs of cheap Jim Crow labor with the help of Sheriff Willis V. McCall, who ruled Lake County with murderous resolve....

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.

War of the Whales is the gripping tale of a crusading attorney who stumbles on one of the US Navy’s best-kept secrets: a submarine detection system that floods entire ocean basins with high-intensity sound - and drives whales onto beaches. As Joel Reynolds launches a legal fight to expose and challenge the Navy program, marine biologist Ken Balcomb witnesses a mysterious mass stranding of whales near his research station in the Bahamas.

Six Women of Salem is the first work to use the lives of a select number of representative women as a microcosm to illuminate the larger crisis of the Salem witch trials. By the end of the trials, beyond the 20 who were executed and the five who perished in prison, 207 individuals had been accused, 74 had been "afflicted", 32 had officially accused their fellow neighbors, and 255 ordinary people had been inexorably drawn into that ruinous and murderous vortex, and this doesn't include the religious, judicial, and governmental leaders.

In this enthralling narrative, professor and award-winning author Jeffrey Ostler recounts the Lakota Sioux’s loss of their spiritual homeland and their remarkable legal battle to regain it. Moving easily from battlefields to reservations to Supreme Court chambers, Ostler captures the strength that bore the Lakotas through the worst times and kept alive the dream of reclaiming their cherished lands.

Summer, 1945. The war is over, and Germany has surrendered. Across Europe, the top surviving Nazis are being tracked down, arrested and imprisoned in a once-opulent Luxembourg hotel, on 24-hour suicide watch. Now, the Allies must decide what to do with them. After much deliberation, Britain, America, Russia and France agree that Hitler's high command must be formally tried. This will be an entirely new kind of trial, with utterly new charges: those of 'crimes against humanity' and 'genocide'. And before it can even take place, numerous crises and obstacles must be overcome.

In this groundbreaking portrait of corporate seizure of political power, We the Corporations reveals how American businesses won equal rights and transformed the Constitution to serve the ends of capital. Corporations - like minorities and women - have had a civil rights movement of their own and now possess nearly all the same rights as ordinary people. Uncovering the deep historical roots of Citizens United, Adam Winkler shows how that controversial 2010 Supreme Court decision was the capstone of a 200-year battle....

For more than fifty years, a power plant in the small town of Kingston, Tennessee,  burned fourteen thousand tons of coal a day, gradually creating a mountain of ashen waste sixty feet high and covering eighty-four acres, contained only by an earthen embankment. In 2008, just before Christmas, that embankment broke, unleashing a lethal wave of coal sludge that covered three hundred acres, damaged nearly thirty homes, and precipitating a cleanup effort that would cost more than a billion dollars—and the lives of more than fifty cleanup workers who inhaled the toxins it released.

For two centuries, the Framers' ideas about political corruption flourished in the courts, even in the absence of clear rules governing voters, civil officers, and elected officials. In the 1970s, the U.S. Supreme Court began to narrow the definition of corruption, and the meaning has since changed dramatically. No case makes that clearer than Citizens United.

The Supreme Court's decision in Brown v. Board of Education is widely considered a seminal point in the battle to end segregation, but it was in fact the culmination of a decades-long legal campaign. Root and Branch is the epic story of the two fiercely dedicated lawyers who led the fight from county courthouses to the marble halls of the Supreme Court, and, in the process, laid the legal foundations of the civil rights movement.

The life of John Marshall, founding father and America's premier chief justice. In 1801, a genial and brilliant Revolutionary War veteran and politician became the fourth chief justice of the US. He would hold the post for 34 years (still a record), expounding the Constitution he loved. Before he joined the Court, it was the weakling of the federal government, lacking in dignity and clout. After he died, it could never be ignored again.

The fascinating true story of how a group of visionary attorneys helped make American business synonymous with big business and Wall Street the center of the financial world.

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.