Mostrando títulos en Historia

Nobody's Child traces the legal definition of "insanity" back to its inception in Victorian Britain nearly 200 years ago, from when our understanding of the human mind was in its infancy, to today, when questions of race, class, and ability so often determine who is legally "insane" and who is criminally guilty. Vinocour explains how "competency" and "insanity" are creatures of a legal system, not of psychiatric reality, and how, in criminal law, the insanity defense has too often been a luxury of the rich and white.

Since the Supreme Court's 1984 decision in Chevron v. Natural Resources Defense Council, this judicial review has been highly deferential: courts must uphold agency interpretations of unclear laws as long as these interpretations are "reasonable." But the Chevron doctrine faces backlash from constitutional scholars and, now, from Supreme Court justices who insist that courts, not administrative agencies, have the authority to say what the law is. Recognizing that Congress cannot help relying on agencies to carry out laws, Merrill rejects the notion of discarding the administrative state.

When the U.S. government forced 70,000 American citizens of Japanese ancestry into internment camps in 1942, it created administrative tribunals to pass judgment on who was loyal and who was disloyal. In American Inquisition, Eric Muller relates the untold story of exactly how military and civilian bureaucrats judged these tens of thousands of American citizens during wartime. Some citizens were deemed loyal and were freed, but one in four was declared disloyal to America and condemned to repressive segregation in the camps or barred from war-related jobs.

Professor N. Bruce Duthu, J.D., is an internationally recognized scholar on Native American issues. In American Indians and the Law, he highlights the major events, the differing principles, and the evolving perspectives that have governed relations among the Indian tribes, the federal government, and the states.

Today's copyright wars can seem unprecedented. Sparked by the digital revolution that has made copyright - and its violation - a part of everyday life, fights over intellectual property have pitted creators, Hollywood, and governments against consumers, pirates, Silicon Valley, and open-access advocates. But while the digital generation can be forgiven for thinking the dispute between, for example, the publishing industry and Google is completely new, the copyright wars in fact stretch back three centuries - and their history is essential to understanding today's battles.

February 26, 1924 was the first day of the greatly anticipated high treason trial that would galvanize Germany - but few in the courtroom that morning anticipated that the leading defendant, General Erich Ludendorff, whose risky offensives during World War I doomed Germany to defeat, would soon be eclipsed by the private first class at his side, Adolf Hitler. Hitler was charged with treason after unsuccessfully trying to seize power in the notorious Beer Hall Putsch in Munich in 1923.

Aziz Z. Huq shows how the rule of law can still be used as an important tool for framing and evaluating the goals and functions of a legal system. He traces the idea's historical origins from ancient Greece to the constitutional theorist Albert Venn Dicey to the economist and political philosopher Friedrich Hayek. And he explores how that value is coming under pressure from terrorist threats, macroeconomic crisis, pandemics, autocratic populism, and climate change.

Winner of the 2015 PEN/E.O. Wilson Literary Science Writing Award: “Horwitz’s dogged reporting…combined with crisp, cinematic writing, produces a powerful narrative…. He has written a book that is instructive and passionate and deserving a wide audience” (PEN Award Citation). Six years...

This Very Short Introduction is a clear and concise guide to administrative law that explains its key features in an accessible and practical way for students, journalists, government officials, and everyday listeners.

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.

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.

For two hundred years, the constitutionality of capital punishment had been axiomatic. But in 1962, Justice Arthur Goldberg and his clerk Alan Dershowitz dared to suggest otherwise, launching an underfunded band of civil rights attorneys on a quixotic crusade. In 1972, in a most unlikely victory, the Supreme Court struck down Georgia’s death penalty law in Furman v. Georgia.

Few American institutions have inflicted greater suffering on ordinary people than the Supreme Court of the United States. Since its inception the justices of the Supreme Court have shaped a nation where children toiled in coal mines, where Americans could be forced into camps because of their race, and where a woman could be sterilized against her will by state law.

Right in the middle of the German constitution, a group of ordinary citizens discovers a forgotten clause that allows them to take 240,000 homes back from multi-billion corporations. In this work of creative non-fiction, scholar-activist and Nine Dots Prize winner Joanna Kusiak tells the story of a grassroots movement that convinced a million Berliners to pop the speculative housing bubble. She offers a vision of urban housing as democratically held commons, legally managed by a radically new institutional model that works through democratic conflicts.

When a police officer stood at his bedroom door on August 3, 1982, Michael Hardwick had no idea that he would become an avatar of the gay rights movement. Arrested for sodomy, Hardwick sued for his right to privacy all the way to the Supreme Court, as the HIV/AIDS epidemic spiraled. When he lost, his era-defining case inspired a half-million people to protest against the Court. Today Bowers v. Hardwick continues to reverberate as the rights of privacy underpinning abortion, contraception, and same-sex relationships come under fire.

In this book, author Orde Kittrie draws on his experiences as a lawfare practitioner, US State Department attorney, and international law scholar in analyzing the theory and practice of lawfare. Kittrie explains how factors including the increased reach of international laws and tribunals and the rise of economic globalization and information technology have fueled lawfare's increasing power and prevalence.

TikTok’s favorite lawyer and host of The Rebuttal Podcast Reb Masel offers an irreverent, enlightening, and endlessly entertaining survey of the law and the unexpected lessons we can learn from it. In 2021, newly barred attorney Reb Masel started posting on TikTok about the intricacies and...

It was Alexis de Tocqueville who, when he visited the new republic for the first time, said that America was a unique country when it comes to law. Every great issue eventually comes before the courts. With this in mind, esteemed professor and civil liberties lawyer Alan Dershowitz looks at history through the prism of the trial, which presents a snapshot of what's going on in a particular point in time of the nation's 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. 

Helicopters thwopped low over the city, filming blocks of burning cars and buildings, mobs breaking into storefronts, and the vicious beating of truck driver Reginald Denny. For a week in April 1992, Los Angeles transformed into a cityscape of rage, purportedly due to the exoneration of four policemen who had beaten Rodney King. It should be no surprise that such intense anger erupted from something deeper than a single incident. In The Contested Murder of Latasha Harlins, Brenda Stevenson tells the dramatic story of an earlier trial, a turning point on the road to the 1992 riot.