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.

In the town of Ada, Oklahoma, Ron Williamson was going to be the next Mickey Mantle. But on his way to the Big Leagues, Ron stumbled, his dreams broken by drinking, drugs, and women. Then, on a winter night in 1982, not far from Ron’s home, a young cocktail waitress named Debra Sue Carter was savagely murdered. The investigation led nowhere. Until, on the flimsiest evidence, it led to Ron Williamson. The washed-up small-town hero was charged, tried, and sentenced to death - in a trial littered with lying witnesses and tainted evidence....

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.

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.

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.

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?

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.

Darrow is a Red, a member of the lowest caste in the color-coded society of the future. Like his fellow Reds, he works all day, believing that he and his people are making the surface of Mars livable for future generations. Yet he spends his life willingly, knowing that his blood and sweat will one day result in a better world for his children. But Darrow and his kind have been betrayed. Soon he discovers that humanity reached the surface generations ago. Vast cities and sprawling parks spread across the planet.

There are two kinds of knowledge law school teaches: legal rules on the one hand, and tools for thinking about legal problems on the other. Although the tools are far more interesting and useful than the rules, they tend to be neglected in favor of other aspects of the curriculum. In The Legal Analyst, Ward Farnsworth brings together in one place all of the most powerful of those tools for thinking about law.

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.

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.

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.

One of the great ironies of the Enlightenment was that various societies produced the notion of the inalienable rights of man, bequeathed by God, alongside the long-established and deeply entrenched institution of slavery. As fate would have it, the refusal of Northern states to strictly apply the new fugitive slave law would be explicitly cited in several of the Southern states’ articles of secession in late 1860 and early 1861. In that regard, the Fugitive Slave Act ended up being one of the main tipping points that finally split the nation in two.

Margaret A. Burnham challenges our understanding of the Jim Crow era by exploring the relationship between formal law and background legal norms in harrowing cases between 1920 and 1960. From rendition, the legal process by which states make claims to other states for the return of their citizens, to battles over state and federal jurisdiction and the outsize role of local sheriffs in enforcing racial hierarchy, Burnham maps the criminal legal system of the mid-twentieth-century South, and traces the line from slavery to the legal structures of this period—and through to today.

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.

BRITISH LEGAL HISTORY - The Fielding Brothers & Bow Street Runners - the early days and beginnings of policing in England with the infamous Fielding Brothers, the early Bow Street Runners, Robert Peel, Jerome Caminada, and other brutal crime fighters, covering highway robberies, gruesome murders, street crime and a host of dangerous attacks on society. A fascinating slice of legal history and nostalgia, featuring Victorian & Edwardian Manchester crime.

Will abortion be legal? Should people of the same sex be allowed to marry? May colleges prefer black applicants over white ones? These are among the most bitterly contested issues in the United States today. We answer these questions, and many more, by presenting them to nine lawyers—the justices of the Supreme Court of the United States. No other nation commits so many important questions to its highest court. Stuart Banner’s The Most Powerful Court in the World is an authoritative history of the United States Supreme Court from the Founding era to the present.

This is the first volume of distinguished historian Dumas Malone's Pulitzer Prize-winning six-volume work on the life and times of Thomas Jefferson. Based on a myriad of sources, it covers Jefferson's ancestry, youth, education, and legal career; his marriage and the building of Monticello; the drafting of the Declaration of Independence and the Notes on Virginia; his rich, fruitful legislative career; his highly controversial governorship; and his early services to the development of the West.

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.

Nothing had prepared her for the hostility of a city gripped by prejudice . . . With her first trial a dramatic success, Kit Shannon steps out from the protective and guiding hand of her mentor and begins her own law practice. When she is drawn to the defense of a man accused of a crime that crosses racial lines, Kit is unprepared for the prejudice and hatred that is hurled in her direction. A loyal supporter of the law, Kit struggles with the secret role of the very officers who claim to represent justice. When a new suitor enters her life, Kit finds her heart longing to embrace the love ...