Showing titles in History

The conventional wisdom about Felix Frankfurter―Harvard law professor and Supreme Court justice―is that he struggled to fill the seat once held by Oliver Wendell Holmes. Scholars have portrayed Frankfurter as a judicial failure, a liberal lawyer turned conservative justice, and the Warren Court’s principal villain. And yet none of these characterizations rings true.

Shortly after a dismembered torso was discovered by a pond outside Philadelphia in 1887, investigators homed in on two suspects: Hannah Mary Tabbs, a married, working-class Black woman, and George Wilson, a former neighbor whom Tabbs implicated after her arrest. As details surrounding the shocking case emerged, both the crime and ensuing trial - which spanned several months - were featured in the national press. The trial brought otherwise taboo subjects such as illicit sex, adultery, and domestic violence in the Black community to public attention.

In this 2018 New York Times Notable Book,Paige Williams "does for fossils what Susan Orlean did for orchids" (Book Riot) in her account of one Florida man's attempt to sell a dinosaur skeleton from Mongolia—a story "steeped in natural history, human nature, commerce, crime, science, and politics" (Rebecca Skloot).

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.

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.

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.

Indian peoples made some 400 treaties with the United States between the American Revolution and 1871, when Congress prohibited them. They signed nine treaties with the Confederacy, as well as countless others over the centuries with Spain, France, Britain, Mexico, the Republic of Texas, Canada, and even Russia, not to mention individual colonies and states. In retrospect, the treaties seem like well-ordered steps on the path of dispossession and empire. The reality was far more complicated.

E Pluribus Unum highlights the political context in which the common law developed, and how it influenced the United States Constitution. In practice, the triumph of the common law over competing approaches gave lawyers more authority than governing officials. By the end of the 18th century, many colonial legal professionals began to espouse constitutional ideology that would mature into the doctrine of judicial review.

Steven Donziger, a self-styled social activist and Harvard educated lawyer, signed on to a budding class action lawsuit against multinational Texaco. The suit sought reparations for the Ecuadorian peasants and tribes people whose lives were affected by decades of oil production near their villages and fields. During twenty years of legal hostilities in federal courts in Manhattan and remote provincial tribunals in the Ecuadorian jungle, Donziger and Chevron's lawyers followed fierce no-holds-barred rules.

Supreme Court Justice Stephen Breyer delivers an impassioned argument for the proper role of America’s highest judicial body. Examining historic and contemporary decisions by the Court, Breyer highlights the rulings that have bolstered public confidence as well as the missteps that have triggered distrust. What emerges is a unique approach - certain to be admired for years to come - to interpreting the Constitution.

On November 23, 1849, in the heart of Boston, one of the city's richest men vanished. Dr. George Parkman, a Brahmin who owned much of Boston's West End, was last seen that afternoon visiting his alma mater, Harvard Medical School. Police scoured city tenements and the harbor - some leads put Parkman at sea or in Manhattan - but a Harvard janitor held a much darker suspicion: that their ruthless benefactor had never even left the Medical School building. His shocking discovery engulfed America in one of its most infamous trials.

This nonfiction legal thriller traces the 14-year struggle of two lawyers to bring the most powerful coal baron in American history to justice. Don Blankenship, head of Massey Energy since the early 1990s, ran an industry that provides nearly half of America’s electric power. But wealth and influence weren’t enough for Blankenship and his company, as they set about destroying corporate and personal rivals, challenging the Constitution, purchasing the West Virginia judiciary, and willfully disregarding safety standards in the company’s mines - mines in which scores died unnecessarily.

What do the thoughts of a ravenous tiger have to do with the evolution of America's legal system? How do the works of Jane Austen and Ludwig van Beethoven relate to corporal punishment? In The Law of the Land, Charles Rembar examines these and many other topics, illustrating the surprisingly entertaining history of US law.

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.

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.

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.

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.

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.

Lawrence M. Friedman is Professor of Law at Stanford University and author of 23 books about law and legal history. Hailed as American law's greatest living historian, Friedman traces the evolution of America's legal system from the colonial period to the present. A Modern Library Chronicle, this book is concise, insightful, and graced with wit.

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.