Showing titles in History

Fights over history are at the heart of most important constitutional disputes in America. The Supreme Court's current embrace of originalism is only the most recent example of how lawyers and judges try to use history to establish authority for their positions. Jack M. Balkin argues that fights over constitutional interpretation are often fights over collective memory. Balkin shows how lawyers and judges channel history through standard forms of legal argument that shape how they use history and even what they see in history.

Professor N. Bruce Duthu, J.D., is an internationally recognized scholar on Native American issues. In American Indians and the Law, he highlights the major events, the differing principles, and the evolving perspectives that have governed relations among the Indian tribes, the federal government, and the states.

Chief Justice Rehnquist's engaging writing illuminates both the high and low points in the Court's history, from Chief Justice Marshall's dominance of the Court during the early 19th century through the landmark decisions of the Warren Court. Citing cases such as the Dred Scott decision and Roosevelt's Court-packing plan, Rehnquist makes clear that the Court does not operate in a vacuum, that the justices are unavoidably influenced by their surroundings, and that their decisions have real and lasting impacts on our society.

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.

In 1974, the Supreme Court issued a momentous decision: In the case of Milliken v. Bradley, the justices brought a halt to school desegregation across the North, and to the civil rights movement’s struggle for a truly equal education for all. How did this come about, and why? In The Containment, the esteemed legal scholar Michelle Adams tells the epic story of the struggle to integrate Detroit schools—and what happened when it collided with Nixon-appointed justices committed to a judicial counterrevolution.

From the philosophical, religious, and moral codes of the world's earliest societies, such as the Law Code of Hammurabi and the Ten Commandments, through groundbreaking legislation such as The Book of Punishments, Magna Carta, and the Slavery Abolition Act, The Law Book offers an engaging and accessible overview of legal history across the world all the way into the 21st century, with copyright in the digital age, gay marriage, and the "right to be forgotten".

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.

We think of the FBI as America’s police force. But secret intelligence is the Bureau’s first and foremost mission. Enemies is the story of how presidents have used the FBI as the most formidable intelligence force in American history. This is the first definitive history of the FBI’s secret intelligence operations, from an author whose work on the Pentagon and the CIA won him the Pulitzer Prize and the National Book Award.

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.

The Supreme Court's rulings have shaped American life and justice and allowed Americans to retain basic freedoms such as privacy, free speech, and the right to a fair trial. This revised and updated edition of Michael G. Trachtman's riveting work includes 10 important cases from 2010 to 2015.

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

Best-selling author Ted Stewart explains how the Supreme Court and its nine appointed members now stand at a crucial point in their power to hand down momentous and far-ranging decisions. Today's Court affects every major area of American life, from health care to civil rights, from abortion to marriage. This fascinating book reveals the complex history of the Court as told through seven pivotal decisions.

In 1945, Willie McGee, a young African-American man from Laurel, Mississippi, was sentenced to death for allegedly raping Willette Hawkins, a white housewife. At first, McGee's case was barely noticed, covered only in hostile Mississippi newspapers and far-left publications such as the Daily Worker. Then Bella Abzug, a young New York labor lawyer, was hired by the Civil Rights Congress—an aggressive civil rights organization with ties to the Communist Party of the United States—to oversee McGee's defense.

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.

Rulers throughout history have used laws to impose order. But laws were not simply instruments of power and social control. They also offered ordinary people a way to express their diverse visions for a better world. Oxford scholar Fernanda Pirie traces the rise and fall of the sophisticated legal systems underpinning ancient empires and religious traditions, while also showing how common people - tribal assemblies, merchants, farmers - called on laws to define their communities, regulate trade, and build civilizations.

The Devil's Advocates shows us the crimes and trials that have captivated the public, cases that illuminate the underlying principles of the American criminal-justice system.

From Justice Sandra Day O’Connor, the first woman to sit on the United States Supreme Court, comes this fascinating book about the history and evolution of the highest court in the land. Out of Order sheds light on the centuries of change and upheaval that transformed the Supreme Court from its uncertain beginnings into the remarkable institution that thrives and endures today.

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.

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.

No Supreme Court justice has come from humbler circumstances than Clarence Thomas, yet critics denounce him as the "cruelest justice," a heartless traitor to his race who cynically sacrifices justice to ideology. In this provocative new book, Judge Amul Thapar demolishes that caricature. Exploring the human stories behind twelve illustrative cases on which Justice Thomas has ruled, he demonstrates the coherence of Thomas’s judicial philosophy and the profound humanity on which it rests.