Showing titles in History

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.

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.

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.

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.

In this remarkable book, Sandra Day O’Connor explores the law, her life as a Supreme Court Justice, and how the Court has evolved and continues to function, grow, and change as an American institution. Tracing some of the origins of American law through history, people, ideas, and landmark cases, O’Connor sheds new light on the basics, exploring through personal observation the evolution of the Court and American democratic traditions.

Clarence Darrow is the most celebrated criminal trial lawyer in American history. In the spring of 1911, organized labor implored Darrow to represent the McNamara brothers, two union iron workers charged with the murder of 20 employees arising out of the bombing of the Los Angeles Times building. Darrow and his wife Ruby's trip west quickly became a fight for survival.

It was September 18, 2001. In the early morning darkness, a lone figure dropped several letters into a mailbox. Seventeen days later, a Florida journalist died of inhalational anthrax. It killed five people, disfigured at least 18 more, and launched the largest investigation in the FBI's history. These anthrax attacks marked the first time a sophisticated biological weapon was released in the United States. Recounting the Anthrax Attacks explores the origins of the innovative forensics used in this case, while also explaining their historical context.

What explains the insistent pull of Roe v. Wade? Abortion law expert Mary Ziegler argues that the US Supreme Court decision, which decriminalized abortion in 1973 and was overturned in 2022, had a hold on us that was not simply the result of polarized abortion politics. Rather, Roe took on meanings far beyond its original purpose of protecting the privacy of the doctor-patient relationship. It forced us to confront questions about sexual violence, judicial activism and restraint, racial justice, religious liberty, the role of science in politics, and much more.

When human rights lawyer Philippe Sands received an invitation to deliver a lecture in the Western Ukrainian city of Lviv, he began to uncover a series of extraordinary historical coincidences. It set him on a quest that would take him halfway around the world in an exploration of the origins of international law and the pursuit of his own secret family history, beginning and ending with the last day of the Nuremberg Trials.

The clashes between President Abraham Lincoln and Chief Justice Roger B. Taney over slavery, secession, and Lincoln's constitutional war powers went to the heart of Lincoln's presidency. Lincoln and Taney's bitter disagreements began with Taney's Dred Scott opinion in 1857, when the chief justice declared that the Constitution did not grant the black man any rights that the white man was bound to honor.

In the past few years, liberals concerned about the prospect of long-term conservative dominance of the federal courts have revived an idea that crashed and burned in the 1930s: court packing. Today's court packing advocates have run into a wall of opposition, with most citing the 1930s episode as one FDR's greatest failures. In early 1937, Roosevelt—fresh off a landslide victory—stunned the country when he proposed a plan to expand the size of the court by up to six justices.

The defense of human rights is often marked by ethical dilemmas, which are especially acute in Israel, where lawyers have for decades sought redress for the abuse of Palestinian rights in the country's High Court - that is, in the court of the abuser. In The Wall and the Gate, Michael Sfard chronicles this struggle - a story that has never before been fully told - and in the process engages the core principles of human rights legal ethics.

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.

This treatise comprises questions 90–97 of the Summa Theologica, in which St. Thomas Aquinas presents a philosophical analysis of the nature and structure of law. Believing that law achieves its results by imposing moral obligations rather than outright force on those subject to it, he proceeds to explore vital questions about the essence of law, kinds of law, effects of law, eternal law, natural law, human law, and changes in law.

In this Very Short Introduction, Georgios A. Antonopoulos and Georgios Papanicolaou uncover the reality of organized crime in our world today. Shining a light on the people involved in organized crime, Antonopoulos and Papanicolaou question whether the term "organized" is used to evoke the image, the operations, and power of a legitimate organization, such as a corporation. Discussing whether there are particular crimes that the label "organized crime" applies to, or if any crime can be organized, they also consider what happens when organized crime extends beyond borders.

A fierce and galvanizing reminder that resistance is everywhere in the fight for abortion and reproductive justice in the United States. Fighting Mad is a book about what "reproductive justice" means and what it looks like to fight for it. Editors Krystale E. Littlejohn and Rickie Solinger bring together many of the strongest, most resistant voices in the country to describe the impacts of the Supreme Court's Dobbs decision on abortion access and care.

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.

In 1974, Pan American Flight 806 was hoping to land safely in Pago Pago, Samoa, but instead plummeted at 140 miles per hour into the jungle floor. The 101 passengers and crew members all survived this devastating crash. Unfortunately, only four of them escaped the wreckage before the ensuing fire that followed and lived to tell their story. After the disaster, Pan American was found guilty of "willful misconduct" after the longest and most expensive trial in aviation history.

Crimes That Changed Our World explores some of the most important trigger cases of the past century, revealing much about how change comes to our modern world. The exact nature of the crime-outrage-reform dynamic can take many forms, and Paul and Sarah Robinson explore those differences in the cases they present. Each case is in some ways unique but there are repeating patterns that can offer important insights about what produces change and how in the future we might best manage it.

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.