Showing titles in History

In the first of the three volumes of his projected comprehensive narrative history of the role of law in America from the colonial years through the twentieth century, G. Edward White takes up the central themes of American legal history from the earliest European settlements through the Civil War.

In the UK, we have some bizarre laws that have littered the statute books of our sceptred isle throughout history. Not all of them have been repealed over the centuries. Some of them made perfect sense at the time they were introduced but seen through modern eyes, now appear archaic and draconian. Despite the great efforts of the Law Commission in England and Wales to review and recommend reforms for many of these outdated laws, there are centuries of law that must be painstakingly gone through.

How did Africans become "Blacks" in the Americas? Becoming Free, Becoming Black tells the story of enslaved and free people of color who used the law to claim freedom and citizenship for themselves and their loved ones. Their communities challenged slaveholders' efforts to make Blackness synonymous with slavery. Looking closely at three slave societies - Cuba, Virginia, and Louisiana - Alejandro de la Fuente and Ariela J. Gross demonstrate that the law of freedom - not slavery - established the meaning of Blackness in law.

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.

A tour de force of groundbreaking reportage by Pulitzer Prize-winning journalist Jo Becker, Forcing the Spring follows the historic legal challenge mounted against California’s ban on same-sex marriage, a remarkable lawsuit that forced the issue of marriage equality before the highest court in the land. For nearly five years Becker embedded with the lawsuit’s plaintiffs, was given free rein within the legal and political war rooms where strategy was plotted, and attended every day of the trial and every appellate argument.

Helicopters thwopped low over the city, filming blocks of burning cars and buildings, mobs breaking into storefronts, and the vicious beating of truck driver Reginald Denny. For a week in April 1992, Los Angeles transformed into a cityscape of rage, purportedly due to the exoneration of four policemen who had beaten Rodney King. It should be no surprise that such intense anger erupted from something deeper than a single incident. In The Contested Murder of Latasha Harlins, Brenda Stevenson tells the dramatic story of an earlier trial, a turning point on the road to the 1992 riot.

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.

An incisive biography of the Supreme Court's enigmatic chief justice, taking us inside the momentous legal decisions of his tenure so far.

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.

There are moments in American history when all eyes are focused on a federal court: when its bench speaks for millions of Americans, and when its decision changes the course of history. More often, the story of the federal judiciary is simply a tale of hard work: of finding order in the chaotic system of state and federal law, local custom, and contentious lawyering. The Federal Courts is a story of all of these courts and the judges and justices who served on them, of the case law they made, and of the acts of Congress and the administrative organs that shaped the courts.

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.

From 1953 to 1969, the Supreme Court under Chief Justice Earl Warren brought about many of the proudest achievements of American constitutional law. The Warren Court declared racial segregation and laws forbidding interracial marriage to be unconstitutional; it expanded the right of citizens to criticize public officials; it held school prayer unconstitutional; and it ruled that people accused of a crime must be given a lawyer even if they can't afford one. Yet conservative critics have fiercely accused the justices of the Warren Court of abusing their authority....

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.

Bizarro is a must-listen tale of the unprecedented prosecution of Burton Ritchie and Ben Galecki, the Florida-based founders of a sprawling "spice" (synthetic cannabinoid) operation. With this book, journalist and former New York City narcotics prosecutor Jordan S. Rubin exposes a Reagan-era law called the Analogue Act, which targets dealers selling drugs that are "substantially similar" to controlled substances—an unwieldy law that produces erratic results in court.

Since the Supreme Court's 1984 decision in Chevron v. Natural Resources Defense Council, this judicial review has been highly deferential: courts must uphold agency interpretations of unclear laws as long as these interpretations are "reasonable." But the Chevron doctrine faces backlash from constitutional scholars and, now, from Supreme Court justices who insist that courts, not administrative agencies, have the authority to say what the law is. Recognizing that Congress cannot help relying on agencies to carry out laws, Merrill rejects the notion of discarding the administrative state.

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.

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.

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 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.