Legal History

Law has played a central role in American history. From colonial times to the present, law has not just reflected the changing society in which legal decisions have been made - it has played a powerful role in shaping that society, though not always in positive ways. Eminent legal scholar G. Edward White offers a compact overview that sheds light on the impact of law on a number of key social issues.

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.

Ever since he made his first appearance in A Study In Scarlet, Sherlock Holmes has enthralled and delighted millions of fans throughout the world. Now Audible is proud to present Arthur Conan Doyle's Sherlock Holmes, read by Stephen Fry. A lifelong fan of Doyle's detective fiction, Fry has narrated the definitive collection of Sherlock Holmes - four novels and four collections of short stories. And, exclusively for Audible, Stephen has written and narrated eight insightful introductions, one for each title.

Darrow is a Red, a member of the lowest caste in the color-coded society of the future. Like his fellow Reds, he works all day, believing that he and his people are making the surface of Mars livable for future generations. Yet he spends his life willingly, knowing that his blood and sweat will one day result in a better world for his children. But Darrow and his kind have been betrayed. Soon he discovers that humanity reached the surface generations ago. Vast cities and sprawling parks spread across the planet.

There are two kinds of knowledge law school teaches: legal rules on the one hand, and tools for thinking about legal problems on the other. Although the tools are far more interesting and useful than the rules, they tend to be neglected in favor of other aspects of the curriculum. In The Legal Analyst, Ward Farnsworth brings together in one place all of the most powerful of those tools for thinking about law.

Americans are deeply divided over the Second Amendment. Some passionately assert that the Amendment protects an individual's right to own guns. Others, that it does no more than protect the right of states to maintain militias. Now, in the first and only comprehensive history of this bitter controversy, Saul Cornell proves conclusively that both sides are wrong. Cornell, a leading constitutional historian, shows that the Founders understood the right to bear arms as neither an individual nor a collective right, but as a civic right.

Holmes twice escaped death as a young Union officer in the Civil War when musket balls barely missed his heart and spinal cord. He lived ever after with unwavering moral courage, scorn for dogma, and an insatiable intellectual curiosity. Named to the Supreme Court by Theodore Roosevelt at age 61, he served for nearly three decades, writing a series of famous, eloquent, and often dissenting opinions that would prove prophetic in securing freedom of speech, protecting the rights of criminal defendants, and ending the Court's reactionary resistance to social and economic reforms.

In his novels and short stories, Gabriel García Márquez has transformed the particulars of his own life and the lives of his fellow Colombians into wondrous fiction. While telling the story of the sloppily dressed, skinny young man who rose from obscurity as a provincial journalist to international fame as the progenitor of a new literature, Gerald Martin also considers the tensions in García Márquez's life between celebrity and the personal quest for literary quality, between politics and writing, and between the seductions of power, solitude, and love.

At the same time that the Civil Rights Movement brought increasing opportunities for blacks, the United States liberalized its immigration policy. While the broadening of the United States's borders to non-European immigrants fits with a black political agenda of social justice, recent waves of immigration have presented a dilemma for blacks, prompting ambivalent or even negative attitudes toward migrants. What has an expanded immigration regime meant for how blacks express national attachment?

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 past few years, liberals concerned about the prospect of long-term conservative dominance of the federal courts have revived an idea that crashed and burned in the 1930s: court packing. Today's court packing advocates have run into a wall of opposition, with most citing the 1930s episode as one FDR's greatest failures. In early 1937, Roosevelt—fresh off a landslide victory—stunned the country when he proposed a plan to expand the size of the court by up to six justices.

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.

Margaret A. Burnham challenges our understanding of the Jim Crow era by exploring the relationship between formal law and background legal norms in harrowing cases between 1920 and 1960. From rendition, the legal process by which states make claims to other states for the return of their citizens, to battles over state and federal jurisdiction and the outsize role of local sheriffs in enforcing racial hierarchy, Burnham maps the criminal legal system of the mid-twentieth-century South, and traces the line from slavery to the legal structures of this period—and through to today.

A shocking act of terror brings the Middle East to the point of explosion. As the resulting political conflict threatens to erupt, a young Jewish American lawyer joins the defense team of an arrested but possibly innocent Palestinian. Soon the lawyer's father, a famed criminal attorney, must win the Palestinian's case or risk losing his daughter forever. To do so, he must take into account the tormented history of the Holy Land from every possible angle.

Nothing had prepared her for the hostility of a city gripped by prejudice . . . With her first trial a dramatic success, Kit Shannon steps out from the protective and guiding hand of her mentor and begins her own law practice. When she is drawn to the defense of a man accused of a crime that crosses racial lines, Kit is unprepared for the prejudice and hatred that is hurled in her direction. A loyal supporter of the law, Kit struggles with the secret role of the very officers who claim to represent justice. When a new suitor enters her life, Kit finds her heart longing to embrace the love ...

One of the great ironies of the Enlightenment was that various societies produced the notion of the inalienable rights of man, bequeathed by God, alongside the long-established and deeply entrenched institution of slavery. As fate would have it, the refusal of Northern states to strictly apply the new fugitive slave law would be explicitly cited in several of the Southern states’ articles of secession in late 1860 and early 1861. In that regard, the Fugitive Slave Act ended up being one of the main tipping points that finally split the nation in two.

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.

Our trial courts conduct hardly any trials, our correctional systems do not correct, and the rise of mandated arbitration has ushered in a shadowy system of privatized "justice". Meanwhile, our legislators can't even follow their own rules for making rules while the rule of law mutates into a perpetual state of emergency. The legal system is becoming an incomprehensible farce. How did this happen? In The Nonsense Factory, Bruce Cannon Gibney shows that over the past 70 years, the legal system has dangerously confused quantity with quality and might with legitimacy.

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.

Plessy v. Ferguson, the Supreme Court case synonymous with "separate but equal", created remarkably little stir when the justices announced their near-unanimous decision on May 18, 1896. Yet it is one of the most compelling and dramatic stories of the 19th century, whose outcome embraced and protected segregation, and whose reverberations are still felt into the 21st. Separate spans a striking range of characters and landscapes, bound together by the defining issue of their time and ours - race and equality.