Mostrando títulos en Historia

In Agreeing to Disagree, Nathan S. Chapman and Michael W. McConnell detail the theological, political, and philosophical underpinnings of the Establishment Clause, state disestablishment, and the disestablishment norms applied to the states by the Fourteenth Amendment. In one of the most thorough accounts of the Establishment Clause, Chapman and McConnell argue that the clause is best understood as a constitutional commitment for Americans to agree to disagree about matters of faith.

Before Germany was engulfed by Nazi dictatorship, it was a constitutional republic. And just before Dachau Concentration Camp became a site of Nazi genocide, it was a state detention center for political prisoners, subject to police authority and due process. The camp began its irrevocable transformation from one to the other following the execution of four Jewish detainees in the spring of 1933.

Timothy Sandefur's insightful book provides a dramatic new challenge to the status quo of constitutional law and argues a vital truth: our Constitution was written not to empower democracy, but to secure liberty. Yet the overemphasis on democracy by today's legal community - rather than the primacy of liberty, as expressed in the Declaration of Independence - has helped expand the scope of government power at the expense of individual 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. 

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.

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.

NATIONAL BESTSELLER “Shows us why Sandra Day O’Connor is so compelling as a human being and so vital as a public thinker.”—Michael Beschloss In this remarkable book, Sandra Day O’Connor explores the law, her life as a Supreme Court Justice, and how the Court has evolved and...

Guaranteed to give the listener a deeper understanding of America’s most powerful judicial body, John Yoo, professor of law at UC Berkeley, and Robert Delahunty, professor of law at the University of St. Thomas, detail in sprightly, slightly irreverent manner how the black-robed judges who make up the U.S. Supreme Court have swung like a pendulum from saviors of the Republic to super-legislators who usurp the roll of Congress and dictate law from the bench, back to defenders of the Constitution again—or at least for the moment.

From the nation's most peripatetic civil liberties lawyer comes a "dazzling and stimulating" exploration of how the creation of the ten commandments provides the origins to today's law (Library Journal). Alan Dershowitz is one of America's most famous litigation experts. In the Genesis of...

Legal luminary Burt Neuborne argues that the structure of the First Amendment as well as of the entire Bill of Rights was more intentional than most people realize, beginning with the internal freedom of conscience and working outward to freedom of expression and finally freedom of public association. This design, Neuborne argues, was not to protect discrete individual rights - such as the rights of corporations to spend unlimited amounts of money to influence elections.

Indian peoples made some 400 treaties with the United States between the American Revolution and 1871, when Congress prohibited them. They signed nine treaties with the Confederacy, as well as countless others over the centuries with Spain, France, Britain, Mexico, the Republic of Texas, Canada, and even Russia, not to mention individual colonies and states. In retrospect, the treaties seem like well-ordered steps on the path of dispossession and empire. The reality was far more complicated.

From 1953 to 1969, the Supreme Court under Chief Justice Earl Warren brought about many of the proudest achievements of American constitutional law. The Warren Court declared racial segregation and laws forbidding interracial marriage to be unconstitutional; it expanded the right of citizens to criticize public officials; it held school prayer unconstitutional; and it ruled that people accused of a crime must be given a lawyer even if they can't afford one. Yet conservative critics have fiercely accused the justices of the Warren Court of abusing their authority....

The Apology of Socrates, by Plato, is the dialogue that presents the speech of legal self-defense, which Socrates presented at his trial for impiety and corruption, in 399 BC. Specifically, The Apology of Socrates is a defense against the charges of “corrupting the youth” and “not believing in the same gods as the city, but in other gods which are novel” to Athens.

An award-winning historian recounts the history of American liberty through the stories of thirteen essential documents Nationalism is inevitable: It supplies feelings of belonging, identity, and recognition. It binds us to our neighbors and tells us who we are. But increasingly -- from the...

In Breaking In, veteran journalist Joan Biskupic tells the story of how two forces providentially merged - the large ambitions of a talented Puerto Rican girl raised in the projects in the Bronx and the increasing political presence of Hispanics, from California to Texas, from Florida to the Northeast - resulting in a historical appointment. And this is not just a tale about breaking barriers as a Puerto Rican. It's about breaking barriers as a justice.

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.

It was September 18, 2001. In the early morning darkness, a lone figure dropped several letters into a mailbox. Seventeen days later, a Florida journalist died of inhalational anthrax. It killed five people, disfigured at least 18 more, and launched the largest investigation in the FBI's history. These anthrax attacks marked the first time a sophisticated biological weapon was released in the United States. Recounting the Anthrax Attacks explores the origins of the innovative forensics used in this case, while also explaining their historical context.

In January 1982, an elderly white widow was found brutally murdered in the small town of Greenwood, South Carolina. Police immediately arrested Edward Lee Elmore, a semiliterate, mentally retarded black man with no previous felony record. His only connection to the victim was having cleaned her gutters and windows, but barely ninety days after the victim’s body was found, he was tried, convicted, and sentenced to death. Elmore had been on death row for eleven years when a young attorney named Diana Holt first learned of his case.

Critical race theory (CRT), a vital movement and discipline in American legal scholarship, has transformed our understanding of systemic racism. Yet despite insightful analysis revealing the threads of racism embedded in American institutions and society, it has been demonized by opponents at every turn. The Origins of Critical Race Theory weaves together the many sources of critical race theory, recounting the origin story for one of the most insightful and controversial academic movements in U.S. history.

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.