American Law

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.

On a hot day in July 1919, five black youths went swimming in Lake Michigan, unintentionally floating close to the white beach. An angry white man began throwing stones at the boys, striking and killing one. Racial conflict on the beach erupted into days of urban violence that shook the city of Chicago to its foundations. This mesmerizing narrative draws on contemporary accounts as it traces the roots of the explosion that had been building for decades in race relations, politics, business, and clashes of culture.

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.

An Ohio family with roots in the South, the Ewings influenced the course of the Midwest for more than 50 years. Patriarch Thomas Ewing, a former Whig senator and cabinet member who made his fortune as a real estate lawyer, raised four major players in the nation’s history - including William Tecumseh “Cump” Sherman, taken into the family as a nine-year-old, who went on to marry his foster sister Ellen. Ronald D. Smith now tells of this extraordinary clan that played a role on the national stage through the illustrious career of one of its sons.

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.

On September 15, 1924, Martha Lum and her older sister Berda were barred from attending middle school in Rosedale, Mississippi. The girls were Chinese American and considered by the school to be “colored”; the school was for whites. This event would lead to the first US Supreme Court case to challenge the constitutionality of racial segregation in Southern public schools, an astonishing thirty years before the landmark Brown v. Board of Education decision.Brown v. Board of Education decision.

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 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.

Habitual drug use in the United States is at least as old as the nation itself. Habit Forming traces the history of unregulated drug use and dependency before 1914, when the Harrison Narcotic Tax Act limited sales of opiates and cocaine under US law. Many Americans used opiates and other drugs medically and became addicted. Some tried Hasheesh Candy, injected morphine, or visited opium dens, but neither use nor addiction was linked to crime, due to the dearth of restrictive laws. After the Civil War, American presses published extensively about domestic addiction.

Supreme Court Justice Ginsburg’s life shaped her career, and her career shaped her life. From inheriting her mother’s overwhelming passion for knowledge and equality to changing the legal system as we know it, this book travels with Ruth on her journey from Kiki Bader to the “notorious RBG”.

Crimes and violations of the law require punishment, and our legal system is set up to punish, but what if the system was recalibrated to also weigh grounds for forgiveness? What if something like bankruptcy - a fresh start for debtors - were available to people convicted of crimes? Martha Minow explores the complicated intersection of the law, justice, and forgiveness, asking whether the law should encourage people to forgive, and when courts, public officials, and specific laws should forgive.

In the mid-1990s, residents of Anniston, Alabama, began a legal fight against the agrochemical company Monsanto over the dumping of PCBs in the city's historically African American and white working-class west side. Simultaneously, Anniston environmentalists sought to safely eliminate chemical weaponry that had been secretly stockpiled near the city during the Cold War. In this probing work, Ellen Griffith Spears offers a compelling narrative of Anniston's battles for environmental justice.

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.

A short, accessible collection of key historic writings about presidential impeachment, as part of a new Penguin Classics series on liberty and constitutional rights.

John Taliaferro Thompson had a mission: to develop a lightweight, fast-firing weapon that would help Americans win on the battlefield. His Thompson submachine gun could deliver 100 bullets in a matter of seconds - but didn't find a market in the US military. Instead, the Tommy gun became the weapon of choice for a generation of bootleggers and bank-robbing outlaws, and became a deadly American icon. Following a bloody decade - and 80 years before the mass shootings of our own time - Congress moved to take this weapon off the streets, igniting a national debate about gun control.

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.

Mass incarceration has become a lucrative industry, and the criminal justice system is plagued with bias and unjust practices. And the church has unwittingly contributed to these problems. Dominique Gilliard explores the history and foundation of mass incarceration, examining Christianity's role in its evolution and expansion. He assesses our nation's ethic of meritocratic justice in light of Scripture and exposes the theologies that embolden mass incarceration.

Most Americans still see Brown v. Board of Education as a triumph - but was it? James T. Patterson shrewdly explores the provocative questions that still swirl around the case. A wide range of characters animates the story, from the little-known African-Americans who dared to challenge Jim Crow with lawsuits; to Thurgood Marshall, who later became a Justice himself; to Earl Warren, who shepherded a fractured Court to a unanimous decision.

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.

Health disparities have remained stubbornly entrenched in the American health care system - and in Just Medicine Dayna Bowen Matthew finds that they principally arise from unconscious racial and ethnic biases held by physicians, institutional providers, and their patients.