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. 

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.

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. 

Equality is easy to grasp in theory but often hard to achieve in reality. In this accessible and wide-ranging work, American University law professor Robert L. Tsai offers a stirring account of how legal ideas that aren't necessarily about equality at all - ensuring fair play, behaving reasonably, avoiding cruelty, and protecting free speech - have often been used to overcome resistance to justice and remain vital today. 

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. 

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.

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?

Historian Orville Vernon Burton and civil rights lawyer Armand Derfner shine a powerful light on the Court's race record - a legacy at times uplifting, but more often distressing and sometimes disgraceful. For nearly a century, the Court ensured that the 19th-century Reconstruction Amendments would not truly free and enfranchise African Americans. And the 21st century has seen a steady erosion of commitments to enforcing hard-won rights.

In The End of Power, award-winning columnist and former Foreign Policy editor Moisés Naím illuminates the struggle between once-dominant megaplayers and the new micropowers challenging them in every field of human endeavor. Drawing on provocative, original research and a lifetime of experience in global affairs, Naím explains how the end of power is reconfiguring our world.

The Legal Aid Society’s mission is to advance, defend, and enforce the legal rights of low-income and otherwise vulnerable people in order to secure for them the basic necessities of life. Everyday Justice is an on-the-ground history of the Legal Aid Society of Middle Tennessee and the Cumberlands, the story of how national debates about access to justice have impacted the work of its lawyers, and a warning about why the federally imposed limits on that work must be lifted in order to fulfill the pledge of justice for all.

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.

A thrilling, character-driven look at Stockholm’s drug-and-sex-fueled underworld from the fantastic Jens Lapidus, following Stockholm Delete. For decades, a secret network in Stockholm has been exploiting young girls, ruthlessly eliminating anyone who threatens to reveal their secret. As oddly paired duo Teddy and Emelie - the thug and the lawyer - investigate, the terrifying noose tightens. The police force has established a special team to find out just who's involved in the network but can't seem to get close enough. And who is it that's trying to silence Teddy and Emelie, using any means necessary?

On a moonless night in the summer of 1793 a crime was committed in the back room of a New York brothel—the kind of crime that even victims usually kept secret. Instead, seventeen-year-old seamstress Lanah Sawyer did what virtually no one in US history had done before: she charged a gentleman with rape. Her accusation sparked a raw courtroom drama and a relentless struggle for vindication that threatened both Lanah’s and her assailant’s lives.

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. 

The Words We Live By takes an entertaining and informative look at America's most important historical document, now with discussions on new rulings on hot button issues such as immigration, gay marriage, gun control, and affirmative action. Through entertaining and informative annotations, The Words We Live By offers a new way of looking at the Constitution. It reflects a critical, respectful, and appreciative look at one of history's greatest documents.

A guide to the American legal system, told through the story of two actual court cases. The Steps to the Supreme Court takes a lively, narrative approach to the subject by following two real cases - one civil, one criminal - as they work their way through the system, all the way up to the Supreme Court. Written by a member of the Supreme Court bar, this book brings the legal system to life in a practical, accessible, and compelling way.

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.

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.

With a foreword by Dred Scott's great-grandson, Shelia P. Moses' stunning story chronicles Dred Scott's experiences as a slave, as a plaintiff in one of the most important legal cases in American history, and, at last, as a free man. Dred Scott's story is one of tremendous courage and fierce determination. His is a life that should be known by, and should inspire, all Americans.