Showing titles in History

Indian peoples made some 400 treaties with the United States between the American Revolution and 1871, when Congress prohibited them. They signed nine treaties with the Confederacy, as well as countless others over the centuries with Spain, France, Britain, Mexico, the Republic of Texas, Canada, and even Russia, not to mention individual colonies and states. In retrospect, the treaties seem like well-ordered steps on the path of dispossession and empire. The reality was far more complicated.

Lloyd Constantine began his career in legal services, representing impoverished clients in civil rights and constitutional cases. Decades later, he would make headlines for representing retailers and consumers against a cartel that undermined one of the fundamental tenets of commerce in America: competition. A man who thrives on competition himself, Constantine now gives us the insider's story on the biggest antitrust lawsuit in history - a case that pitted his small firm against financial-industry giants Visa and MasterCard, along with Clifford-Chance, the largest law firm in the world.

Woman Lawyer tells the story of Clara Foltz, the first woman lawyer in the West. Famous as a public intellectual, leader of the women's movement, and legal reformer, Foltz faced terrific prejudice and well-organized opposition as she tried cases in front of all-male juries, raised five children as a single mother, stumped for political candidates, and urged the creation of a public defender to balance the public prosecutor.

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.

Seven minutes after President Obama put his signature to a landmark national health care insurance program, a lawyer in the office of Florida GOP attorney general Bill McCollum hit a computer key, sparking a legal challenge to the new law that would eventually reach the nation’s highest court. Health care is only the most visible and recent front in a battle over the meaning and scope of the U.S. Constitution. The battleground is the Supreme Court, and one of the most skilled, insightful, and trenchant of its observers takes us close up to watch it in action.

In the period between the Civil War and the New Deal, American governance was transformed, with momentous implications for social and economic life. Legal reforms gradually brought an end to traditions of local self-government and associative citizenship, replacing them with positive statecraft: governmental activism intended to change how Americans lived and worked. William J. Novak shows how Americans translated new conceptions of citizenship, social welfare, and economic democracy into demands for law and policy that delivered public services and vindicated people's rights.

Every liberal democracy has laws or codes against hate speech - except the United States. For constitutionalists, regulation of hate speech violates the First Amendment and damages a free society. Against this absolutist view, Jeremy Waldron argues powerfully that hate speech should be regulated as part of our commitment to human dignity and to inclusion and respect for members of vulnerable minorities.

It is 1942, and World War II is raging. In the months since Pearl Harbor, the US has plunged into the war overseas—and on the home front, it has locked up tens of thousands of innocent Japanese Americans in concentration camps, tearing them from their homes on the West Coast with the ostensible goal of neutralizing a supposed internal threat. At each of these camps the government places a white lawyer with contradictory instructions: provide legal counsel to the prisoners, and keep the place running.

This is the first book to trace the fascinating parallel history of law and science from antiquity to modern times, showing how the two disciplines have always influenced each other - until recently. In the past few years, the scientific paradigm has shifted dramatically, from seeing the natural world as a kind of cosmic machine to understanding it as a network of fluidly interacting communities. But law is stuck in a mechanistic, 17th-century view that the world is made up of discrete individual parts.

Tell is the riveting story of Major Margaret Witt’s dedicated and decorated military career as a frontline flight nurse, and of her love and devotion to her partner - now wife - Laurie Johnson. Tell captures the tension and drama of the politically charged legal battle that led to the congressional repeal of the controversial law and helped pave the way for a suite of landmark political and legal victories for gay rights.

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.

The "Lackawanna Six" were young men, born of Yemeni families long settled in upstate New York, who took a trip to Pakistan and Afghanistan and spent time in an al-Qaeda training camp long before the specter of 9/11, before most people had even heard of Osama Bin Laden, and before the existence of the Homeland Security Act.

For the first time, a collection of dissents from the most famous Supreme Court cases. Lively and accessible, I Dissent offers a radically fresh view of the judiciary in a collection that is essential listening for anyone interested in American history. 

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.

For two hundred years, the constitutionality of capital punishment had been axiomatic. But in 1962, Justice Arthur Goldberg and his clerk Alan Dershowitz dared to suggest otherwise, launching an underfunded band of civil rights attorneys on a quixotic crusade. In 1972, in a most unlikely victory, the Supreme Court struck down Georgia’s death penalty law in Furman v. Georgia.

In November 2001, a 31-year-old Yemeni man named Salim Ahmed Hamdan was captured near the Pakistan border and turned over to U.S. forces in Afghanistan. After confessing to being Osama bin Laden's driver, Hamdan was transferred to Guantánamo Bay and designated for trial before a special military tribunal. The Pentagon assigned a young military defense lawyer, Lieutenant Commander Charles Swift, to represent him in a defense that no one expected to amount to much. But it did.

American engineers have done astounding things to bend the Mississippi River to their will: forcing one of its tributaries to flow uphill, transforming over 1000 miles of roiling currents into a placid staircase of water, and wresting the lower half of the river apart from its floodplain. American law has aided and abetted these feats. But despite our best efforts, so-called "natural disasters" continue to strike the Mississippi basin as raging floodwaters decimate waterfront communities and abandoned towns literally crumble into the Gulf of Mexico.

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.

This book is essential listening to bring forward the lessons from our past. A bold and unique collaboration between legal experts Michelle le Roux and Dennis Davis, it explores a series of landmark cases that came to define South Africa’s legal and political landscape. It examines how the law has been used and abused. Defining cases litigated in the apartheid past, in the constitutional era and right up to the recent days of state capture are examined.

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.