Showing titles in History

Both historically and in the present, the Supreme Court has largely been a failure In this devastating book, Erwin Chemerinsky—“one of the shining lights of legal academia” (The New York Times)—shows how, case by case, for over two centuries, the hallowed Court has been far more likely...

Most Americans still see Brown v. Board of Education as a triumph - but was it? James T. Patterson shrewdly explores the provocative questions that still swirl around the case. A wide range of characters animates the story, from the little-known African-Americans who dared to challenge Jim Crow with lawsuits; to Thurgood Marshall, who later became a Justice himself; to Earl Warren, who shepherded a fractured Court to a unanimous decision.

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.

A provocative examination of race, gun laws, and violence that exposes how the state of Florida bungled the Trayvon Martin case through new interviews and revelations about the trial. Suspicion Nation expertly captures the state of a country conflicted not only about the Trayvon Martin injustice but divided over issues of race, violence, and gun legislation.

How Sex Became a Civil Liberty is the first book to show how and why we have come to see sexual expression, sexual practice, and sexual privacy as fundamental rights. Using rich archival sources and oral interviews, historian Leigh Ann Wheeler shows how the private lives of women and men in the American Civil Liberties Union shaped their understanding of sexual rights as they built the constitutional foundation for the twentieth-century's sexual revolutions.

Until he joined the U.S. government in 1934, Robert H. Jackson had been a lawyer in private practice in Upstate New York who was admitted to the bar without going to college and after completing only one year of law school. Jackson became, in rapid succession, United States Solicitor General and United States Attorney General, where he successfully defended New Deal programs before the Supreme Court. 

The landmark history of the Scopes Trial and the battle over evolution and creation in America's schools Winner of the Pulitzer Prize in History “A riveting book.” —Frank Rich, New York Times In the summer of 1925, the sleepy hamlet of Dayton, Tennessee, became the setting for one of the...

Today's copyright wars can seem unprecedented. Sparked by the digital revolution that has made copyright - and its violation - a part of everyday life, fights over intellectual property have pitted creators, Hollywood, and governments against consumers, pirates, Silicon Valley, and open-access advocates. But while the digital generation can be forgiven for thinking the dispute between, for example, the publishing industry and Google is completely new, the copyright wars in fact stretch back three centuries - and their history is essential to understanding today's battles.

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.

The French Constitution of 1791 has a major legacy that overturned many centuries of historical tradition but remains little known outside of France. Its powerful impact served as the inspiration for the wave of constitution-making that engulfed Europe during the nineteenth century and expanded...

“Turns the long history of the FBI into a story that is as compelling, and important, as today’s headlines.”—Jeffrey Toobin, author of American Heiress NATIONAL BESTSELLER Named One of the Best Books of the Year by The Washington Post, New York Daily News, and Slate Enemies is...

Aziz Z. Huq shows how the rule of law can still be used as an important tool for framing and evaluating the goals and functions of a legal system. He traces the idea's historical origins from ancient Greece to the constitutional theorist Albert Venn Dicey to the economist and political philosopher Friedrich Hayek. And he explores how that value is coming under pressure from terrorist threats, macroeconomic crisis, pandemics, autocratic populism, and climate change.

Best-selling author Ted Stewart explains how the Supreme Court and its nine appointed members now stand at a crucial point in their power to hand down momentous and far-ranging decisions. Today's Court affects every major area of American life, from health care to civil rights, from abortion to marriage. This fascinating book reveals the complex history of the Court as told through seven pivotal decisions.

A growing chorus of officials and commentators argues that the Supreme Court has become too political. On this view, the confirmation process is just an exercise in partisan agenda-setting, and the jurists are no more than “politicians in robes” - their ostensibly neutral judicial philosophies mere camouflage for conservative or liberal convictions.

In the context of a clear and bracing legal history of accountability for sexual assault and the legal recognition of sexual harassment, Nussbaum confronts three "citadels of pride" - the judiciary, the arts, and sports. Exposing prideful privilege in the intellectual world, unpunished narcissism in the arts, and toxic masculinity and corruption in American sports, she discusses egregious cases of male entitlement leading to sexual abuse and exploitation. 

Over the last 30 years, the Federalist Society for Law and Public Policy Studies has grown from a small group of disaffected conservative law students into an organization with extraordinary influence over American law and politics. Although the organization is unknown to the average citizen, this group of intellectuals has managed to monopolize the selection of federal judges, take over the Department of Justice, and control legal policy in the White House.

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.

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.

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.

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.