Showing titles in History

John Montgomery analyzes and critiques "deconstructionism" in the field of law, and examines sometimes hilarious examples of lawyers' reasoning.

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.

E Pluribus Unum highlights the political context in which the common law developed, and how it influenced the United States Constitution. In practice, the triumph of the common law over competing approaches gave lawyers more authority than governing officials. By the end of the 18th century, many colonial legal professionals began to espouse constitutional ideology that would mature into the doctrine of judicial review.

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.

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.

"La loi c'est la Justice Organisée." Publié en 1850, ce pamphlet resté célèbre définit la loi comme une forme organisée visant à faire obstacle à l'injustice. Il y dénonce notamment les différentes formes de spoliations opérées sous couvert de la loi lorsque celle-ci est pervertie et détournée de sa vraie mission au profit d'une minorité, lorsque la loi, sous l'effet de ce qu'il appelle la spoliation légale, viole les propriétés au lieu de les garantir.

From Justice Sandra Day O’Connor, the first woman to sit on the United States Supreme Court, comes this fascinating book about the history and evolution of the highest court in the land. Out of Order sheds light on the centuries of change and upheaval that transformed the Supreme Court from its uncertain beginnings into the remarkable institution that thrives and endures today.

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.

At a time when the hottest issue in US immigration law is the proposed action by President Obama to protect from deportation as many as five million illegals in the United States, the John Lennon case takes on special relevance, notwithstanding the passage of 40 years since he was placed in deportation proceedings. This is John and Yoko's incredible story, as told by the lawyer who fought in the front lines.

Before the Civil War, colonization schemes and black laws threatened to deport former slaves born in the United States. Birthright Citizens recovers the story of how African American activists remade national belonging through battles in legislatures, conventions, and courthouses.

Right in the middle of the German constitution, a group of ordinary citizens discovers a forgotten clause that allows them to take 240,000 homes back from multi-billion corporations. In this work of creative non-fiction, scholar-activist and Nine Dots Prize winner Joanna Kusiak tells the story of a grassroots movement that convinced a million Berliners to pop the speculative housing bubble. She offers a vision of urban housing as democratically held commons, legally managed by a radically new institutional model that works through democratic conflicts.

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.

Bizarro is a must-listen tale of the unprecedented prosecution of Burton Ritchie and Ben Galecki, the Florida-based founders of a sprawling "spice" (synthetic cannabinoid) operation. With this book, journalist and former New York City narcotics prosecutor Jordan S. Rubin exposes a Reagan-era law called the Analogue Act, which targets dealers selling drugs that are "substantially similar" to controlled substances—an unwieldy law that produces erratic results in court.

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.

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.

On September 15, 1924, Martha Lum and her older sister Berda were barred from attending middle school in Rosedale, Mississippi. The girls were Chinese American and considered by the school to be “colored”; the school was for whites. This event would lead to the first US Supreme Court case to challenge the constitutionality of racial segregation in Southern public schools, an astonishing thirty years before the landmark Brown v. Board of Education decision.Brown v. Board of Education decision.

The Electoral College that governs America has been with us since 1804, when Thomas Jefferson's supporters redesigned it for his re-election. The Jeffersonians were motivated by the principle of majority rule. Gone were the days when a president would be elected by acclamation, as George Washington had been. Instead, given the emergence of intense two-party competition, the Jeffersonians wanted to make sure that the Electoral College awarded the presidency to the candidate of the majority, rather than minority, party. 

John Marshall (1755 - 1835) was arguably the most important judicial figure in American history. As the fourth chief justice of the United States Supreme Court, serving from 1801 to 1835, he helped move the Court from the fringes of power to the epicenter of constitutional government. His great opinions in cases like Marbury v. Madison and McCulloch v. Maryland are still part of the working discourse of constitutional law in America.

In 1856 Abraham Lincoln was a former congressman who had grown bored with his work as a lawyer, until he was drawn into the murder case that would define his career. This book reveals not only the mystery of the murder case as investigated by Lincoln but also the mystery of Abraham Lincoln as investigated by the author.

The Apology of Socrates, by Plato, is the dialogue that presents the speech of legal self-defense, which Socrates presented at his trial for impiety and corruption, in 399 BC. Specifically, The Apology of Socrates is a defense against the charges of “corrupting the youth” and “not believing in the same gods as the city, but in other gods which are novel” to Athens.