Showing titles in History

Constitutional originalism stakes law to history. The theory's core tenet—that the United States Constitution should be interpreted according to its original meaning—has us decide questions of modern constitutional law by consulting the distant constitutional past. Yet originalist engagement with history is often deeply problematic. In this comprehensive and novel critique of originalism, Jonathan Gienapp targets originalists' unspoken assumptions about the Constitution and its history.

In this groundbreaking portrait of corporate seizure of political power, We the Corporations reveals how American businesses won equal rights and transformed the Constitution to serve the ends of capital. Corporations - like minorities and women - have had a civil rights movement of their own and now possess nearly all the same rights as ordinary people. Uncovering the deep historical roots of Citizens United, Adam Winkler shows how that controversial 2010 Supreme Court decision was the capstone of a 200-year battle....

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.

For the first time, the complete, exciting story of the landmark trial that led to the abolition of slavery in the Western world. The 1772 London trial of James Somerset, rescued from a ship bound for the West Indies slave markets, was a decisive turning point in history. As in the Scopes trial, two encompassing world views clashed in an event of passionate drama.

In The Words That Made Us, Akhil Reed Amar unites history and law in a vivid narrative of the biggest constitutional questions early Americans confronted, and he expertly assesses the answers they offered. His account of the document's origins and consolidation is a guide for anyone seeking to properly understand America's Constitution today.

In The Life and Death of Freedom of Expression, Richard Moon argues that freedom of expression is valuable because human agency and identity emerge in discourse–in the joint activity of creating meaning. Moon recognizes that the social character of individual agency and identity is crucial to understanding not only the value of expression but also its potential for harm.

In this sweepingly ambitious volume, the nation's foremost experts on the American presidency and the US Constitution join together to tell the intertwined stories of how each American president has confronted and shaped the Constitution. Each occupant of the office - the first president to the 44th - has contributed to the story of the Constitution through the decisions he made and the actions he took as the nation's chief executive.

Distinguished New York attorney James D. Zirin presents Trump's lengthy litigation history as an indication of his character and morality, and his findings are chilling: if you partner with Donald Trump, you will probably wind up litigating with him. If you enroll in his university or buy one of his apartments, chances are you will want your money back. If you are a woman and you get too close to him, you may need to watch your back. If you make a deal with him, you had better get it in writing. If you are a lawyer, an architect, or even his dentist, you'd better get paid up front.

At a time when the hottest issue in US immigration law is the proposed action by President Obama to protect from deportation as many as five million illegals in the United States, the John Lennon case takes on special relevance, notwithstanding the passage of 40 years since he was placed in deportation proceedings. This is John and Yoko's incredible story, as told by the lawyer who fought in the front lines.

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.

The life of John Marshall, founding father and America's premier chief justice. In 1801, a genial and brilliant Revolutionary War veteran and politician became the fourth chief justice of the US. He would hold the post for 34 years (still a record), expounding the Constitution he loved. Before he joined the Court, it was the weakling of the federal government, lacking in dignity and clout. After he died, it could never be ignored again.

What explains the insistent pull of Roe v. Wade? Abortion law expert Mary Ziegler argues that the US Supreme Court decision, which decriminalized abortion in 1973 and was overturned in 2022, had a hold on us that was not simply the result of polarized abortion politics. Rather, Roe took on meanings far beyond its original purpose of protecting the privacy of the doctor-patient relationship. It forced us to confront questions about sexual violence, judicial activism and restraint, racial justice, religious liberty, the role of science in politics, and much more.

A documentary drawn from testimony at the Coast Guard’s official inquiry looks anew at one of the most storied, and mysterious, shipwrecks in American history. The sinking of the Edmund Fitzgerald is one of the most famous shipwreck stories in Great Lakes history. It is also one of maritime lore’s great mysteries, the details of its disappearance as obscure now as on that fateful November day in 1975.

A Short History of European Law brings to life 2,500 years of legal history, tying current norms to the circumstances of their conception. Tamar Herzog describes how successive legal systems built upon one another, from ancient times through the European Union. Roman law formed the backbone of each configuration, though the way it was used and reshaped varied dramatically from one century and place to the next. Only by considering Continental civil law and English common law together do we see how they drew from and enriched this shared tradition.

From her first strokes as a novice, Ginny Gilder found herself in a new world, training with Olympic rowers and participating in the famous Title IX naked protest, which helped define the movement for equality in college sports. Short, asthmatic, and stubborn, Gilder made the team against all odds and for the next 10 years devoted herself to answering a seemingly simple question: how badly do you want to go fast?

In the context of a clear and bracing legal history of accountability for sexual assault and the legal recognition of sexual harassment, Nussbaum confronts three "citadels of pride" - the judiciary, the arts, and sports. Exposing prideful privilege in the intellectual world, unpunished narcissism in the arts, and toxic masculinity and corruption in American sports, she discusses egregious cases of male entitlement leading to sexual abuse and exploitation.

Engaging but caustic and openly ideological, Antonin Scalia was among the most influential justices ever to serve on the United States Supreme Court. In this fascinating new book, legal scholar Richard L. Hasen assesses Scalia's complex legacy as a conservative legal thinker and disruptive public intellectual. The left saw Scalia as an unscrupulous foe who amplified his judicial role with scathing dissents and outrageous public comments.

This treatise comprises questions 90–97 of the Summa Theologica, in which St. Thomas Aquinas presents a philosophical analysis of the nature and structure of law. Believing that law achieves its results by imposing moral obligations rather than outright force on those subject to it, he proceeds to explore vital questions about the essence of law, kinds of law, effects of law, eternal law, natural law, human law, and changes in law.

Inside the hidden world of Hasidic Jews in Brooklyn's Crown Heights--a close-knit but divided community. On a cold night in December, the members of a Hasidic anti-crime patrol called the Shomrim are summoned to a yeshiva dormitory in Crown Heights. There to break up a brawl, the Shomrim instead find themselves embroiled in a religious schism which has split the community and turned roommate against roommate, neighbor against neighbor. At the center of the storm is Aron Hershkop....

History remembers John Adams as a Founding Father and our country’s second president. But in the tense years before the American Revolution, he was still just a lawyer, fighting for justice in one of the most explosive murder trials of the era. On the night of March 5, 1770, shots were fired by British soldiers on the streets of Boston, killing five civilians. The Boston Massacre has often been called the first shots of the American Revolution.