Showing titles in History

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.

When Americans think of freedom, they often picture the open road. Yet nowhere are we more likely to encounter the long arm of the law than in our cars. Sarah Seo reveals how the rise of the automobile led us to accept - and expect - pervasive police power. As Policing the Open Road makes clear, this radical transformation in the nature and meaning of American freedom has had far-reaching political and legal consequences.

A obra, que nasce clássica, corresponde à versão revista e atualizada da tese de doutorado que o autor defendeu na Faculdade de Direito da Johann Wolfgang Goethe-Universität Frankfurt am Main e que lhe rendeu o prêmio Walter Kolb de melhor tese de doutorado da Universidade de Frankfurt e a medalha Otto Hahn de destaque científico da Sociedade Max Planck.

In A Legacy of Discrimination, leading constitutional scholars Lee C. Bollinger and Geoffrey R. Stone trace affirmative action's history and the legal challenges it has faced over the decades. They argue that in order to fully comprehend affirmative action's original intent and impact, we must reacquaint ourselves with the era in which it arose, beginning with the most important Supreme Court decision of the twentieth century, 1954's Brown v. Board of Education of Topeka, Kansas.

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.

Backcountry Democracy and the Whiskey Insurrection treats the legal culture that informed the Whiskey Rebellion of 1794 and its trials. Linda Myrsiades examines conflicts between state and federal courts and the judicial philosophy of Federalist judges, as well as grand jury charges, law reports, judges' bench notes, and defense notes for the trials, to develop a portrait of the hegemony of official interpretations of the law. At the same time, the book illuminates popular attitudes about the courts and the law and explores the nature of extralegal courts operated by the people.

Tauchen Sie ein in das Universum des Rechts auf Schweigen! Dieses umfassende Werk bietet eine tiefgründige Analyse dieses Grundrechts, das für die Suche nach Gerechtigkeit und den Schutz der Privatsphäre im globalen Kontext von entscheidender Bedeutung ist.

Constitutional originalism stakes law to history. The theory's core tenet—that the United States Constitution should be interpreted according to its original meaning—has us decide questions of modern constitutional law by consulting the distant constitutional past. Yet originalist engagement with history is often deeply problematic. In this comprehensive and novel critique of originalism, Jonathan Gienapp targets originalists' unspoken assumptions about the Constitution and its history.

Rot and Revival is one of the first scholarly works to comprehensively theorize and document how politics make American constitutional law and how the courts affect the path of partisan politics. Rejecting the idea that the Constitution's significance and interpretation can be divorced from contemporary political realities, Anthony Michael Kreis explains how American constitutional law reflects the ideological commitments of dominant political coalitions, the consequences of major public policy choices, and the influences of intervening social movements.

In The Life and Death of Freedom of Expression, Richard Moon argues that freedom of expression is valuable because human agency and identity emerge in discourse–in the joint activity of creating meaning. Moon recognizes that the social character of individual agency and identity is crucial to understanding not only the value of expression but also its potential for harm.

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.

Have you ever heard a bizarre law and thought, that can’t possibly be true? Is it genuine? Was it ever in existence or just an urban myth that became so embellished over time? There are surprisingly, a great many laws still in existence on the statute books today that would make your jaw drop. Whilst bizarre as these laws may now seem to us, it begs the question, are we in fact, unknowingly breaking these laws on a regular basis?

Comment expliquer que le terme «?consentement?» occupe aujourd'hui une telle place dans le débat public, alors qu'il en était pratiquement absent il y a une dizaine d'années ? Et que signifie-t-il, au regard des usages multiples qui en sont faits, dans le champ de la philosophie, du droit, de la politique et du langage ordinaire ? Ces questions sont d'autant plus fondamentales que, selon le domaine dans lequel il est mobilisé, le consentement possède de nombreuses significations parfois sans rapport. Historiquement, l'idée de consentement remonte à l'Antiquité grecque et romaine.

A Short History of European Law brings to life 2,500 years of legal history, tying current norms to the circumstances of their conception. Tamar Herzog describes how successive legal systems built upon one another, from ancient times through the European Union. Roman law formed the backbone of each configuration, though the way it was used and reshaped varied dramatically from one century and place to the next. Only by considering Continental civil law and English common law together do we see how they drew from and enriched this shared tradition.

In The Court v. The Voters, law professor Josh Douglas takes us behind the scenes of significant cases in voting rights—some surprising and unknown and some familiar—to investigate the historic crossroads that have changed our elections, and therefore the nation, irrevocably. In crisp and accessible prose, Douglas tells the story of each case, sheds light on the intractable election problems we face as a result, and highlights the unique role the highest court has played in shaping not only our elections but the very essence of the right to vote.

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.

On May 3, 1946, in St. Martinsville, Louisiana, a 17-year-old Black boy was scheduled for execution by electric chair. Willie Francis had been charged with murder; his trial had been brief; his death sentence never in doubt. When the executioners flipped the switch, Willie screamed and writhed as electricity coursed through his body. But Willie Francis did not die. Having miraculously survived, Willie was informed that the state would attempt to execute him a second time within a week.

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.

Contracts and the Legal Odyssey: Unraveling the Interplay of Power, Ideology, and Justice delves into the historical development of the legal system with a particular focus on the increasing emphasis on contracts. The exploration is rooted in a deep understanding of how legal ideologies, the interests of socioeconomic elites, and societal norms have shaped the legal landscape.

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.