American Law

In the Civil War, the United States and the Confederate States of America engaged in combat to defend distinct legal regimes and the social order they embodied and protected. Depending on whose side's arguments one accepted, the Constitution either demanded the Union's continuance or allowed for its dissolution. The eminent legal historian Peter Charles Hoffer's Uncivil Warriors focuses on these lawyers' civil war: on the legal professionals who plotted the course of the war from seats of power, the scenes of battle, and the home front.

The life of John Marshall, founding father and America's premier chief justice. In 1801, a genial and brilliant Revolutionary War veteran and politician became the fourth chief justice of the US. He would hold the post for 34 years (still a record), expounding the Constitution he loved. Before he joined the Court, it was the weakling of the federal government, lacking in dignity and clout. After he died, it could never be ignored again.

In February 1971, racial tension surrounding school desegregation in Wilmington, North Carolina, culminated in four days of violence and skirmishes between white vigilantes and black residents. The turmoil resulted in two deaths, six injuries, more than $500,000 in damage, and the firebombing of a white-owned store before the National Guard restored uneasy peace. Despite glaring irregularities in the subsequent trial, 10 young persons were convicted of arson and conspiracy and then sentenced to a total of 282 years in prison.

Before the Civil War, colonization schemes and black laws threatened to deport former slaves born in the United States. Birthright Citizens recovers the story of how African American activists remade national belonging through battles in legislatures, conventions, and courthouses.

Whatever the level of contact, the American judicial system affects peoples' lives. What courts and judges do matters. This book provides a very short, but complete introduction to the institutions and people, the rules and processes, that make up the American judicial system. This Very Short Introduction explains the "where," "when," and "who" of American courts. It also makes clear the "how" and "why" behind the law as it affects everyday people. It is, in a word, a starting place to understanding the third branch of American government at both the state and federal levels.

A mixed-race orphan, Murray grew up in segregated North Carolina before escaping to New York, where she attended Hunter College and became a labor activist in the 1930s. When she applied to graduate school at the University of North Carolina, where her white great-great-grandfather had been a trustee, she was rejected because of her race. She went on to graduate first in her class at Howard Law School, only to be rejected for graduate study again at Harvard University this time on account of her sex. Undaunted, Murray forged a singular career in the law.

In his meteoric, 13-year rise to fame, Dr. Martin Luther King Jr. led a mass movement for civil rights - with his relentless peaceful, non-violent protests, public demonstrations, and eloquent speeches. But as violent threats cast a dark shadow over Dr. King's life, Swanson hones in on James Earl Ray, a bizarre, racist prison escapee who tragically ends King's life.

According to Jeffrey Rosen, Louis D. Brandeis was "the Jewish Jefferson", the greatest critic of what he called "the curse of bigness" in business and government since the author of the Declaration of Independence. Published to commemorate the 100th anniversary of his Supreme Court confirmation on June 1, 1916, Louis D. Brandeis: American Prophet argues that Brandeis was the most farseeing constitutional philosopher of the 20th century.

Could slavery get worse after centuries of it? It did in the slave South in the decades just before the Civil War. This book explores the expansion of slavery during the period, the growth of the mass-labor cotton and sugar plantations, the expulsion of the Native Americans, and the new types of repression.

In 1945, Willie McGee, a young African-American man from Laurel, Mississippi, was sentenced to death for allegedly raping Willette Hawkins, a white housewife. At first, McGee's case was barely noticed, covered only in hostile Mississippi newspapers and far-left publications such as the Daily Worker. Then Bella Abzug, a young New York labor lawyer, was hired by the Civil Rights Congress—an aggressive civil rights organization with ties to the Communist Party of the United States—to oversee McGee's defense.

The Supreme Court's decision in Brown v. Board of Education is widely considered a seminal point in the battle to end segregation, but it was in fact the culmination of a decades-long legal campaign. Root and Branch is the epic story of the two fiercely dedicated lawyers who led the fight from county courthouses to the marble halls of the Supreme Court, and, in the process, laid the legal foundations of the civil rights movement.

The clashes between President Abraham Lincoln and Chief Justice Roger B. Taney over slavery, secession, and Lincoln's constitutional war powers went to the heart of Lincoln's presidency. Lincoln and Taney's bitter disagreements began with Taney's Dred Scott opinion in 1857, when the chief justice declared that the Constitution did not grant the black man any rights that the white man was bound to honor.

What precisely is affirmative action, and why is it fiercely championed by some and just as fiercely denounced by others? Does it signify a boon or a stigma? Or is it simply reverse discrimination? What are its benefits and costs to American society? What are the exact indicia determining who should or should not be accorded affirmative action? When should affirmative action end, if it must? Randall Kennedy gives us a concise and deeply personal overview of the policy, refusing to shy away from the myriad complexities of an issue that continues to bedevil American race relations.

On November 29, 1781, Captain Collingwood of the British ship Zong commanded his crew to throw overboard one-third of his cargo: a shipment of Africans bound for slavery in America. The captain believed his ship was off course, and he feared there was not enough drinking water to last until landfall. This book is the first to examine in detail the deplorable killings on the Zong, the lawsuit that ensued, how the murder of 132 slaves affected debates about slavery, and the way we remember the infamous Zong today.

In the period between the Civil War and the New Deal, American governance was transformed, with momentous implications for social and economic life. Legal reforms gradually brought an end to traditions of local self-government and associative citizenship, replacing them with positive statecraft: governmental activism intended to change how Americans lived and worked. William J. Novak shows how Americans translated new conceptions of citizenship, social welfare, and economic democracy into demands for law and policy that delivered public services and vindicated people's rights.

In 1989, Ben Spencer, a twenty-two-year-old Black man from Dallas, was convicted of murdering white businessman Jeffrey Young—a crime he didn’t commit. From the day of his arrest, Spencer insisted that it was “an awful mistake.” The Texas legal system didn’t see it that way. It allowed shoddy police work, paid witnesses, and prosecutorial misconduct to convict Spencer of murder, and it ignored later efforts to correct this error. The state’s bureaucratic intransigence caused Spencer to spend more than half his life in prison.

Twenty-nine-year-old Abraham Lincoln has spent his entire adult life running from his past - from the poverty of the dirt-floor log cabin where he was raised, from the dominion of his uneducated father, and from a failed early courtship. But now, Lincoln's past is racing back to haunt him. It is the summer of 1838, and Springfield is embroiled in a tumultuous, violent political season. All of Springfield's elite have gathered at a grand party to celebrate the Fourth of July. Spirits are high - until a prominent local politician is assassinated in the midst of fireworks.

Caliph Washington's life was never supposed to matter. As a Black teenager from the vice-ridden city of Bessemer, Alabama, Washington was wrongfully convicted of killing an Alabama policeman in 1957. Sentenced to death, he came within minutes of the electric chair - nearly a dozen times. A Kafka-esque legal odyssey in which Washington's original conviction was overturned three times before he was finally released in 1972, his story is the kind that pervades the history of American justice.

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.

In 1974, Pan American Flight 806 was hoping to land safely in Pago Pago, Samoa, but instead plummeted at 140 miles per hour into the jungle floor. The 101 passengers and crew members all survived this devastating crash. Unfortunately, only four of them escaped the wreckage before the ensuing fire that followed and lived to tell their story. After the disaster, Pan American was found guilty of "willful misconduct" after the longest and most expensive trial in aviation history.