Showing results by publisher "Tantor Audio" in History

The sudden passing of Justice Antonin Scalia shook America. After almost 30 years on the Supreme Court, Scalia had become as integral to the institution as the hallowed room in which he sat. His wisecracking interruptions during oral arguments, his unmatched legal wisdom, his unwavering dedication to the Constitution, and his blistering dissents defined his leadership role on the court and inspired new generations of policymakers and legal minds.

Before the Civil War, colonization schemes and black laws threatened to deport former slaves born in the United States. Birthright Citizens recovers the story of how African American activists remade national belonging through battles in legislatures, conventions, and courthouses.

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.

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.

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.

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.

Born into slavery, Henrietta Wood was taken to Cincinnati and legally freed in 1848. In 1853, a Kentucky deputy sheriff named Zebulon Ward colluded with Wood's employer, abducted her, and sold her back into bondage. She remained enslaved throughout the Civil War, giving birth to a son in Mississippi and never forgetting who had put her in this position. By 1869, Wood had obtained her freedom for a second time and returned to Cincinnati, where she sued Ward for damages in 1870. Astonishingly, after eight years of litigation, Wood won her case: In 1878, a Federal jury awarded her $2,500.

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 1974, Judge George Boldt issued a ruling that affirmed the fishing rights and tribal sovereignty of Native nations in Washington State. The Boldt Decision transformed Indigenous law and resource management across the United States and beyond. The case also brought about far-reaching societal changes, reinforcing tribal sovereignty and remedying decades of injustice. Eminent legal historian and tribal advocate Charles Wilkinson tells the story of the Boldt Decision against the backdrop of salmon's central place in the cultures and economies of the Pacific Northwest.

In the period between the Civil War and the New Deal, American governance was transformed, with momentous implications for social and economic life. Legal reforms gradually brought an end to traditions of local self-government and associative citizenship, replacing them with positive statecraft: governmental activism intended to change how Americans lived and worked. William J. Novak shows how Americans translated new conceptions of citizenship, social welfare, and economic democracy into demands for law and policy that delivered public services and vindicated people's rights.

In Washington's Heir, Gerard N. Magliocca gives us the first published biography of Bushrod Washington, one of the most underrated Founding Fathers. Born in 1762, Justice Washington fought in the Revolutionary War, served in Virginia's ratifying convention for the Constitution, and was Chief Justice John Marshall's partner in establishing the authority of the Supreme Court.

For over seventy years and five generations, the enslaved families of Prince George's County, Maryland, filed hundreds of suits for their freedom against a powerful circle of slaveholders, taking their cause all the way to the Supreme Court. Between 1787 and 1861, these lawsuits challenged the legitimacy of slavery in American law and put slavery on trial in the nation's capital. Piecing together evidence once dismissed in court and buried in the archives, William Thomas tells an intricate and intensely human story of the enslaved families.

Levels of violent crime have been in a steady decline for centuries-for millennia, even. Over the past 500 years, homicide rates have decreased a hundred-fold. We live in a time that is more orderly and peaceful than ever before in human history. Why, then, does fear of crime dominate modern politics? In Command and Persuade, Peter Baldwin examines the evolution of the state's role in crime and punishment over 3,000 years.

Progressives who opposed the Trump administration's policies found themselves repeatedly relying on constitutional principles grounded in federalism, separation of powers, and free speech to resist the federal government. Although many progressives had either criticized or underemphasized those principles before Trump, the principles became vital to progressive causes after Trump was elected.

Though often taken for granted, the modern American public defender is a recent invention with a surprisingly contentious history - one that offers insights not only about the "carceral state" but also about the contours and compromises of 20th-century liberalism.

For most of the 20th century, the American founding has been presented as a struggle between social classes over issues arising primarily within, rather than outside, the United States. But in recent years, new scholarship has instead turned to the international history of the American union to interpret both the causes and the consequences of the US Constitution. Max M. Edling argues that the Constitution was created to defend US territorial integrity and the national interest from competitors in the western borderlands and on the Atlantic Ocean.

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.

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.

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.

Best known as a monumental achievement of the civil rights movement, the 1964 Civil Rights Act also revolutionized the lives of America's working women. Title VII of the law made it illegal to discriminate "because of sex". But that simple phrase didn't mean much until ordinary women began using the law to get justice on the job - and some took their fights all the way to the Supreme Court.