American Law

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.

A stunning revision of our founding document’s evolving history that forces us to confront anew the question that animated the founders so long ago: What is our Constitution? Americans widely believe that the United States Constitution was created when it was drafted in 1787 and ratified in 1788. But in a shrewd rereading of the founding era, Jonathan Gienapp upends this long-held assumption, recovering the unknown story of American constitutional creation in the decade after its adoption.

Habitual drug use in the United States is at least as old as the nation itself. Habit Forming traces the history of unregulated drug use and dependency before 1914, when the Harrison Narcotic Tax Act limited sales of opiates and cocaine under US law. Many Americans used opiates and other drugs medically and became addicted. Some tried Hasheesh Candy, injected morphine, or visited opium dens, but neither use nor addiction was linked to crime, due to the dearth of restrictive laws. After the Civil War, American presses published extensively about domestic addiction.

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.

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

One in 10 American children has a parent under criminal justice supervision - incarcerated, on probation, or on parole. One in 33 American children - and one in eight African American children - goes to sleep without access to a parent because that parent is in jail. Despite these staggering numbers, the children of prisoners remain largely invisible to society. Journalist Nell Bernstein shows, through the deeply moving stories of real families, how the children of the incarcerated are routinely punished for their parents' status.

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.

Instead of “what if the South won the Civil War?” cosmologists ask, “what if the constants that make up the fundamental building blocks of physics were different?” Physicists argue that any slight change to the laws of physics would mean a disruption in the evolution of the universe - and our existence. With the many factors that had to align for us to exist, it can seem like the laws of physics might seem finely tuned to make our existence possible. Instead of a supernatural or divine explanation, this book explores the possibility is that our universe isn’t the only one.

Circle of Greed is the epic story of the rise and fall of Bill Lerach, once the leading class action lawyer in America and now a convicted felon. For more than two decades, Lerach threatened, shook down and sued top Fortune 500 companies, including Disney, Apple, Time Warner, and—most famously—Enron. Now, the man who brought corporate moguls to their knees has fallen prey to the same corrupt impulses of his enemies, and is paying the price by serving time in federal prison.

This is a collection of stories drawn from many different tribes of Native Americans. Although the different lifestyles of these varied peoples dictate widely different types of story, they are united by a common belief in the spiritual power of the natural world and the magic that inhabits all living things. Stars and animals speak, wizards and giants cast wicked spells and young heroes and heroines brave all dangers to come home safe in the end.

Expresiva, enérgica y divertida, Sonia Sotomayor ha logrado convertir cada lucha de su vida en un triunfo. Nacida en el Bronx de padres inmigrantes de Puerto Rico, Sonia descubrió a los nueve años que tenía diabetes, una enfermedad grave ahora, pero aún más peligrosa hace cincuenta años. ¿Cómo afrontó la joven Sonia la devastadora noticia? Aprendió a administrarse sus inyecciones diarias de insulina y se empeñó en aprovechar al máximo su vida. Fue la popular serie de televisión de los años sesenta Perry Mason la que hizo que Sonia quisiera convertirse en abogada.

Despite the attempt to settle America's slavery issue with the Missouri Compromise in 1820, the young nation kept pushing further westward, and with that more territory was acquired. After the Mexican-American War ended in 1848, the sectional crisis was brewing like never before, with California and the newly-acquired Mexican territory now ready to be organized into states.

Jim Gash's comfortable life as a Los Angeles lawyer and law professor nearly ensured that he and Henry, a Ugandan boy languishing in prison for two murders he didn't commit, would never meet. Henry was losing hope and prayed for a sign from God. Halfway around the world, Jim listened to best-selling author of Love Does Bob Goff encourage lawyers to use their legal training to help imprisoned children in Africa. Jim felt an irresistible urge to respond to this call.

A revelatory biography of the first Black woman to stand for Vice President, charting how the daughter of two immigrants in segregated California became one of this country’s most effective power players.

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.

In February 1971, racial tension surrounding school desegregation in Wilmington, North Carolina, culminated in four days of violence and skirmishes between white vigilantes and black residents. The turmoil resulted in two deaths, six injuries, more than $500,000 in damage, and the firebombing of a white-owned store before the National Guard restored uneasy peace. Despite glaring irregularities in the subsequent trial, 10 young persons were convicted of arson and conspiracy and then sentenced to a total of 282 years in prison.

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.

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.

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.

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.