Showing titles in History

The Electoral College that governs America has been with us since 1804, when Thomas Jefferson's supporters redesigned it for his re-election. The Jeffersonians were motivated by the principle of majority rule. Gone were the days when a president would be elected by acclamation, as George Washington had been. Instead, given the emergence of intense two-party competition, the Jeffersonians wanted to make sure that the Electoral College awarded the presidency to the candidate of the majority, rather than minority, party.

Few American institutions have inflicted greater suffering on ordinary people than the Supreme Court of the United States. Since its inception the justices of the Supreme Court have shaped a nation where children toiled in coal mines, where Americans could be forced into camps because of their race, and where a woman could be sterilized against her will by state law.

In this book, author Orde Kittrie draws on his experiences as a lawfare practitioner, US State Department attorney, and international law scholar in analyzing the theory and practice of lawfare. Kittrie explains how factors including the increased reach of international laws and tribunals and the rise of economic globalization and information technology have fueled lawfare's increasing power and prevalence.

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.

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 The Free Speech Century, two of America's leading First Amendment scholars, Lee C. Bollinger and Geoffrey R. Stone, have gathered a group of the nation's leading constitutional scholars to evaluate the evolution of free speech doctrine since Schenk and to assess where it might be headed in the future. The Free Speech Century will serve as an essential resource for anyone interested in how our understanding of the First Amendment transformed over time and why it is so critical both for the United States and for the world today.

Autumn 1945 saw the start of the Nuremberg trials, in which high ranking representatives of the Nazi government were called to account for their war crimes. In a curious yet fascinating twist, witnesses for the prosecution and the defense were housed together in a villa on the outskirts of town. The Witness House reveals the social structures that allowed a cruel and unjust regime to flourish and serves as a symbol of the blurred boundaries between accuser and accused that would come to form the basis of postwar Germany.

"La loi c'est la Justice Organisée." Publié en 1850, ce pamphlet resté célèbre définit la loi comme une forme organisée visant à faire obstacle à l'injustice. Il y dénonce notamment les différentes formes de spoliations opérées sous couvert de la loi lorsque celle-ci est pervertie et détournée de sa vraie mission au profit d'une minorité, lorsque la loi, sous l'effet de ce qu'il appelle la spoliation légale, viole les propriétés au lieu de les garantir.

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.

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.

Nationalism is inevitable: It supplies feelings of belonging, identity, and recognition. It binds us to our neighbors and tells us who we are. But increasingly - from the United States to India, from Russia to Burma - nationalism is being invoked for unworthy ends: to disdain minorities or to support despots. As a result, nationalism has become to many a dirty word.

The Spycatcher affair remains one of the most intriguing moments in the history of British intelligence and a pivotal point in the public's relationship with the murky world of espionage and security. It lifted the lid on alleged Soviet infiltration of British services and revealed a culture of law-breaking, bugging and burgling. But how much do we know about the story behind the scandal?

In the Civil War, the United States and the Confederate States of America engaged in combat to defend distinct legal regimes and the social order they embodied and protected. Depending on whose side's arguments one accepted, the Constitution either demanded the Union's continuance or allowed for its dissolution. The eminent legal historian Peter Charles Hoffer's Uncivil Warriors focuses on these lawyers' civil war: on the legal professionals who plotted the course of the war from seats of power, the scenes of battle, and the home front.

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.

Caliph Washington's life was never supposed to matter. As a Black teenager from the vice-ridden city of Bessemer, Alabama, Washington was wrongfully convicted of killing an Alabama policeman in 1957. Sentenced to death, he came within minutes of the electric chair - nearly a dozen times. A Kafka-esque legal odyssey in which Washington's original conviction was overturned three times before he was finally released in 1972, his story is the kind that pervades the history of American justice.

For many years, Britain tried to impose its own laws on the peoples it conquered, and English common law usually followed the Union Jack. But the common law became less common after Britain emerged from the Seven Years' War as the world's most powerful empire. At that point, imperial policymakers adopted a strategy of legal pluralism: some colonies remained under English law, while others retained much of their previous legal regimes.

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.

Today's copyright wars can seem unprecedented. Sparked by the digital revolution that has made copyright - and its violation - a part of everyday life, fights over intellectual property have pitted creators, Hollywood, and governments against consumers, pirates, Silicon Valley, and open-access advocates. But while the digital generation can be forgiven for thinking the dispute between, for example, the publishing industry and Google is completely new, the copyright wars in fact stretch back three centuries - and their history is essential to understanding today's battles.

This is the first book to trace the fascinating parallel history of law and science from antiquity to modern times, showing how the two disciplines have always influenced each other - until recently. In the past few years, the scientific paradigm has shifted dramatically, from seeing the natural world as a kind of cosmic machine to understanding it as a network of fluidly interacting communities. But law is stuck in a mechanistic, 17th-century view that the world is made up of discrete individual parts.

In Agreeing to Disagree, Nathan S. Chapman and Michael W. McConnell detail the theological, political, and philosophical underpinnings of the Establishment Clause, state disestablishment, and the disestablishment norms applied to the states by the Fourteenth Amendment. In one of the most thorough accounts of the Establishment Clause, Chapman and McConnell argue that the clause is best understood as a constitutional commitment for Americans to agree to disagree about matters of faith.