Government Law

A leading Supreme Court expert recounts the personal and philosophical rivalries that forged our nation's highest court and continue to shape our daily lives. The Supreme Court is the most mysterious branch of government, and yet the Court is at root a human institution, made up of very bright people with very strong egos, for whom political and judicial conflicts often become personal.

Lysander Spooner (January 19, 1808 - May 14, 1887) was an American political philosopher, essayist, pamphlet writer, Unitarian, abolitionist, legal theorist, and entrepreneur of the 19th century. He was a strong advocate of the labor movement and severely anti-authoritarian and individualist in political views. Spooner was born on a farm in Athol, Massachusetts, on January 19, 1808, and died on May 14, 1887, in Boston.

Punishment Without Crime offers an urgent new interpretation of inequality and injustice in America by examining the paradigmatic American offense: the lowly misdemeanor. Based on extensive original research, legal scholar Alexandra Natapoff reveals the inner workings of a massive petty offense system that produces over 13 million cases each year.

Conflicts over specific rules lie at the heart of the disputes, which are about much more than sovereignty over islands and rocks in the South and East China Seas. Instead, the main contests concern the strategic maritime space associated with those islands. To consolidate control over this vital maritime space, China's leaders have begun to implement "China's law of the sea": building domestic legal institutions, bureaucratic organizations, and a naval and maritime law enforcement apparatus to establish China's preferred maritime rules on the water and in the diplomatic arena.

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.

Activists from Henry David Thoreau and Mohandas Gandhi to the Movement for Black Lives have long recognized that there are times when, rather than having a duty to obey the law, we have a duty to disobey it. Taking seriously the history of this activism, A Duty to Resist wrestles with the problem of political obligation in real world societies that harbor injustice. Candice Delmas argues that the duty of justice, the principle of fairness, the Samaritan duty, and political association impose responsibility to resist under conditions of injustice.

Hailed as the “first freedom”, free speech is the bedrock of democracy. But it is a challenging principle, subject to erosion in times of upheaval. Today, in democracies and authoritarian states around the world, it is on the retreat. In Free Speech, Jacob Mchangama traces the riveting legal, political, and cultural history of this idea.

Mission at Nuremberg is Tim Townsend's gripping story of the American Army chaplain sent to save the souls of the Nazis incarcerated at Nuremberg, a compelling and thought-provoking tale that raises questions of faith, guilt, morality, vengeance, forgiveness, salvation, and the essence of humanity.

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.

The president of the National Bar Association and one of the most distinguished civil rights attorneys working today reflects on the landmark cases he has battled - including representing Trayvon Martin’s family - and offers a disturbing look at how the justice system is used to promote injustice in this memoir and clarion call as shocking and important as the best sellers Just Mercy and Slavery by Another Name and Ava DuVernay’s film 13th.

Though the Constitution was ratified in 1788, its impact on our lives is as recent as today's news. Informed by the latest scholarship and exploring the major themes that have shaped American constitutional history: federalism, the balance of powers, property, representation, equality, rights, and security, this book places constitutional history within the context of American political and social history. As our nation's circumstances have changed, so has our Constitution.

Judicial decisions assessing the constitutional rights of students in the nation’s public schools have consistently generated bitter controversy. The Schoolhouse Gate gives a fresh, lucid, and provocative account of the historic legal battles waged over education and illuminates contemporary disputes that continue to fracture the nation.

Even if we live within sight of the sea, it is easy to forget that our world is an ocean world. The open ocean, that vast expanse of international waters, begins just a few miles out and spreads across three-fourths of the globe. It is a place of storms and danger, both natural and manmade. And at a time when every last patch of land is claimed by one government or another, it is a place that remains radically free.

"No more dramatic courtroom scene has ever been enacted," reported the Syracuse Herald on May 22, 1915, as it covered "the greatest libel suit in history", a battle fought between former President Theodore Roosevelt and the leader of the Republican party. Roosevelt, the boisterous and mostly beloved legendary American hero, had accused his former friend and ally, now turned rival, William Barnes of political corruption. The furious Barnes responded by suing Roosevelt for an enormous sum that could have financially devastated him.

From the moment John Roberts, the chief justice of the United States, blundered through the Oath of Office at Barack Obama's inauguration, the relationship between the Supreme Court and the White House has been confrontational. Both men are young, brilliant, charismatic, charming, determined to change the course of the nation - and completely at odds on almost every major constitutional issue. One is radical; one essentially conservative. The surprise is that Obama is the conservative.

The War on Cops exposes the truth about officer use of force and explodes the conceit of "mass incarceration". A rigorous analysis of data shows that crime, not race, drives police actions and prison rates. The growth of proactive policing in the 1990s, along with lengthened sentences for violent crime, saved thousands of minority lives. In fact, Mac Donald argues, no government agency is more dedicated to the proposition that "black lives matter" than today's data-driven, accountable police department.

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.

Sociologist-economist Sowell, a noted conservative, offers opinions on social and foreign policy, law, education, and race, criticizing the trend of American politics since Reagan and reserving his sharpest criticism for special-interest groups.

The life of John Marshall, founding father and America's premier chief justice. In 1801, a genial and brilliant Revolutionary War veteran and politician became the fourth chief justice of the US. He would hold the post for 34 years (still a record), expounding the Constitution he loved. Before he joined the Court, it was the weakling of the federal government, lacking in dignity and clout. After he died, it could never be ignored again.

In her acclaimed 1993 book, Denying the Holocaust, Deborah Lipstadt called David Irving, a prolific writer of books on World War II, "one of the most dangerous spokespersons for Holocaust denial". The following year, after Lipstadt's book was published in the United Kingdom, Irving led a libel suit against Lipstadt and her publisher. Denial, previously published as History on Trial, is Lipstadt's riveting, blow-by-blow account of this singular legal battle.