Mostrando títulos en Historia

There are moments in American history when all eyes are focused on a federal court: when its bench speaks for millions of Americans, and when its decision changes the course of history. More often, the story of the federal judiciary is simply a tale of hard work: of finding order in the chaotic system of state and federal law, local custom, and contentious lawyering. The Federal Courts is a story of all of these courts and the judges and justices who served on them, of the case law they made, and of the acts of Congress and the administrative organs that shaped the courts.

In 1805 and 1806, Aaron Burr, former vice president of the newly formed American republic, traveled through the Trans-Appalachian West gathering support for a mysterious enterprise, for which he was arrested and tried for treason in 1807. This book explores the political and cultural forces that shaped how Americans made sense of the uncertain rumors and reports about Burr's intentions and movements, and examines what the resulting crisis reveals about their anxieties concerning the new nation's fragile union and uncertain republic.

"La loi c'est la Justice Organisée." Publié en 1850, ce pamphlet resté célèbre définit la loi comme une forme organisée visant à faire obstacle à l'injustice. Il y dénonce notamment les différentes formes de spoliations opérées sous couvert de la loi lorsque celle-ci est pervertie et détournée de sa vraie mission au profit d'une minorité, lorsque la loi, sous l'effet de ce qu'il appelle la spoliation légale, viole les propriétés au lieu de les garantir.

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.

Steven Donziger, a self-styled social activist and Harvard educated lawyer, signed on to a budding class action lawsuit against multinational Texaco. The suit sought reparations for the Ecuadorian peasants and tribes people whose lives were affected by decades of oil production near their villages and fields. During twenty years of legal hostilities in federal courts in Manhattan and remote provincial tribunals in the Ecuadorian jungle, Donziger and Chevron's lawyers followed fierce no-holds-barred rules.

In this landmark work, Kaplan describes her strategy in the lower courts and her preparation and rehearsals before moot courts, and she shares insights into the dramatic oral argument before the Supreme Court justices. Then Comes Marriage is the story of the relationship behind the watershed case, Kaplan's own difficult coming-out journey, and the fascinating unfolding of United States v. Windsor.

In The Majesty of the Law, Supreme Court Justice Sandra Day O’Connor explores the law, her life as a Justice, and how the Court has evolved and continues to function, grow, and change as an American institution. Tracing some of the origins of American law through history, people, and ideas, O’Connor sheds new light on the basics, and through personal observation she explores the development of institutions and ideas we have come to regard as fundamental.

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.

Using his unique lens as a critical race theorist and law professor, Khaled A. Beydoun captures the many ways in which law, policy, and official state rhetoric have fueled the frightening resurgence of Islamophobia in the US.

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.

New Deal Law and Order follows President Franklin Roosevelt, Attorney General Homer Cummings, and their war on crime coalition, which overcame the institutional and political challenges to the legitimacy of national law enforcement. Promises of law and order helped to manage tensions among key Democratic Party factions—organized labor, Black Americans, and white Southerners. Their anticrime program, featuring a strengthened criminal code, an empowered FBI, and the first federal war on marijuana, was essential to the expansion of national authority previously stymied on constitutional grounds.

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.

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.

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 this vivid and essential work of historical non-fiction, Kate Morgan explores the legal campaigns, test cases and individual injustices of the Victorian and Edwardian eras which fundamentally re-shaped the status of women under British law. These are seen through the untold stories of women whose cases became cornerstones of our modern legal system and shine a light on the historical inequalities of the law.

When Carter Bryant began designing what would become the billion-dollar line of Bratz dolls, he was taking time off from his job at Mattel, where he designed outfits for Barbie. Later, back at Mattel, he sold his concept for Bratz to rival company MGA. Law professor Orly Lobel reveals the colorful story behind the ensuing decade-long court battle. This entertaining and provocative work pits audacious MGA against behemoth Mattel, shows how an idea turns into a product, and explores the two different versions of womanhood, represented by traditional all-American Barbie and her defiant, anti-establishment rival.

From Justice Sandra Day O’Connor, the first woman to sit on the United States Supreme Court, comes this fascinating book about the history and evolution of the highest court in the land. Out of Order sheds light on the centuries of change and upheaval that transformed the Supreme Court from its uncertain beginnings into the remarkable institution that thrives and endures today.

Fights over history are at the heart of most important constitutional disputes in America. The Supreme Court's current embrace of originalism is only the most recent example of how lawyers and judges try to use history to establish authority for their positions. Jack M. Balkin argues that fights over constitutional interpretation are often fights over collective memory. Balkin shows how lawyers and judges channel history through standard forms of legal argument that shape how they use history and even what they see in history.

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.

A provocative examination of race, gun laws, and violence that exposes how the state of Florida bungled the Trayvon Martin case through new interviews and revelations about the trial. Suspicion Nation expertly captures the state of a country conflicted not only about the Trayvon Martin injustice but divided over issues of race, violence, and gun legislation.