American Law

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.

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.

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.

In 1805 and 1806, Aaron Burr, former vice president of the newly formed American republic, traveled through the Trans-Appalachian West gathering support for a mysterious enterprise, for which he was arrested and tried for treason in 1807. This book explores the political and cultural forces that shaped how Americans made sense of the uncertain rumors and reports about Burr's intentions and movements, and examines what the resulting crisis reveals about their anxieties concerning the new nation's fragile union and uncertain republic.

Nobody's Child traces the legal definition of "insanity" back to its inception in Victorian Britain nearly 200 years ago, from when our understanding of the human mind was in its infancy, to today, when questions of race, class, and ability so often determine who is legally "insane" and who is criminally guilty. Vinocour explains how "competency" and "insanity" are creatures of a legal system, not of psychiatric reality, and how, in criminal law, the insanity defense has too often been a luxury of the rich and white.

Timothy Sandefur's insightful book provides a dramatic new challenge to the status quo of constitutional law and argues a vital truth: our Constitution was written not to empower democracy, but to secure liberty. Yet the overemphasis on democracy by today's legal community - rather than the primacy of liberty, as expressed in the Declaration of Independence - has helped expand the scope of government power at the expense of individual rights.

What precisely is affirmative action, and why is it fiercely championed by some and just as fiercely denounced by others? Does it signify a boon or a stigma? Or is it simply reverse discrimination? What are its benefits and costs to American society? What are the exact indicia determining who should or should not be accorded affirmative action? When should affirmative action end, if it must? Randall Kennedy gives us a concise and deeply personal overview of the policy, refusing to shy away from the myriad complexities of an issue that continues to bedevil American race relations.

A collection of provocative essays exploring the key social justice issues of our time - from George Floyd to antiracism to inequality and the Supreme Court. Kennedy is "among the most incisive American commentators on race" (The New York Times).

Before Texas became a state in the United States of America, Texas Rangers would become the first state law enforcement agency that would be formed. For about 150 years, this group of law enforcement agents has been viewed as both heroes and villains. Often portrayed in the movies and on TV as the kind of men who stick up for justice or who are the victims of truly sinister bad guys, the reality was far less black and white.

Crimes and violations of the law require punishment, and our legal system is set up to punish, but what if the system was recalibrated to also weigh grounds for forgiveness? What if something like bankruptcy - a fresh start for debtors - were available to people convicted of crimes? Martha Minow explores the complicated intersection of the law, justice, and forgiveness, asking whether the law should encourage people to forgive, and when courts, public officials, and specific laws should forgive.

In Breaking In, veteran journalist Joan Biskupic tells the story of how two forces providentially merged - the large ambitions of a talented Puerto Rican girl raised in the projects in the Bronx and the increasing political presence of Hispanics, from California to Texas, from Florida to the Northeast - resulting in a historical appointment. And this is not just a tale about breaking barriers as a Puerto Rican. It's about breaking barriers as a justice.

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.

In 1802, President Thomas Jefferson distilled a leading idea in the early American republic and wrote of a wall of separation between church and state. That metaphor has come down from Jefferson to 21st-century Americans through a long history of jurisprudence, political contestation, and cultural influence. This book traces the development of the concept of separation of church and state and the Supreme Court's application of it in the law.

From the late 19th century through the 1930s, scholars of politics defined and continually reoriented their field in response to the political imperatives of the racial order at home and abroad as well to as the vagaries of race science. The Gilded Age scholars who founded the first university departments and journals located sovereignty and legitimacy in a "Teutonic germ" of liberty planted in the new world by Anglo-Saxon settlers and almost extinguished in the conflict over slavery.

Widely known as the "poor man's lawyer" in antebellum Boston, John Albion Andrew (1818-1867) was involved in nearly every cause and case that advanced social and racial justice in Boston in the years preceding the Civil War. Inspired by the legacies of John Quincy Adams and Ralph Waldo Emerson, and mentored by Charles Sumner, Andrew devoted himself to the battle for equality. In this revealing and accessible biography, Stephen D. Engle traces Andrew's life and legacy, giving this important, but largely forgotten, figure his due.

Equality is easy to grasp in theory but often hard to achieve in reality. In this accessible and wide-ranging work, American University law professor Robert L. Tsai offers a stirring account of how legal ideas that aren't necessarily about equality at all - ensuring fair play, behaving reasonably, avoiding cruelty, and protecting free speech - have often been used to overcome resistance to justice and remain vital today.

Most Americans know Andrew Jackson as a frontier rebel against political and diplomatic norms, a "populist" champion of ordinary people against the elitist legacy of the Founding Fathers. Many date the onset of American democracy to his 1829 inauguration. Despite his reverence for the "sovereign people", however, Jackson spent much of his career limiting that sovereignty, imposing new and often unpopular legal regimes over American lands and markets.

How does the U.S. House of Representatives work? Discover who can be a representative, what they do, where they work, and more.

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.

In the mid-1990s, residents of Anniston, Alabama, began a legal fight against the agrochemical company Monsanto over the dumping of PCBs in the city's historically African American and white working-class west side. Simultaneously, Anniston environmentalists sought to safely eliminate chemical weaponry that had been secretly stockpiled near the city during the Cold War. In this probing work, Ellen Griffith Spears offers a compelling narrative of Anniston's battles for environmental justice.