American Law

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.

Progressives who opposed the Trump administration's policies found themselves repeatedly relying on constitutional principles grounded in federalism, separation of powers, and free speech to resist the federal government. Although many progressives had either criticized or underemphasized those principles before Trump, the principles became vital to progressive causes after Trump was elected.

In A Legacy of Discrimination, leading constitutional scholars Lee C. Bollinger and Geoffrey R. Stone trace affirmative action's history and the legal challenges it has faced over the decades. They argue that in order to fully comprehend affirmative action's original intent and impact, we must reacquaint ourselves with the era in which it arose, beginning with the most important Supreme Court decision of the twentieth century, 1954's Brown v. Board of Education of Topeka, Kansas.

When the death of Isaiah “Zay” Turner awakens controversy in the Midwest, Jennifer Davis and attorney Marcus Brown band together to bring the Turner family their deserved justice. They work closely as a team to conquer allyship, defeat agenda-setting narratives, and decriminalize Isaiah’s name--alongside his mother, uncle, and girlfriend Tiara.

Presumed Guilty reveals how the Supreme Court allows the perpetuation of racist policing by presuming that suspects, especially people of color, are guilty.

Eminent scholar Peter Irons makes a powerful and persuasive case that Blacks have always been held back by systemic racism in all major institutions that can hold power over them. Based on a wide range of sources, from the painful words of former slaves to test scores that reveal how our education system has failed Black children, this searing and sobering account of legal and extra-legal violence against Blacks peels away the fictions and myths expressed by White racists.

With the Black Lives Matter movement being widely relevant, hate crimes are on the rise, and Jennifer eyewitnesses the aftermath of Isaiah being shot - at the hands of her fiancé, Robert (on Independence Day). This event changed her life drastically as national headlines covered the “Fourth of July shooting”. With some protesting in Isaiah’s name, and others shaming him, Jennifer feels obligated to make an extremely risky decision.

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.

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.

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.

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.

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.

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.

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.

Black rookie cop Trevor “Finn” Finnegan aspires to become a top-ranking officer in the Los Angeles Police Department and fix a broken department. A fast-track promotion to detective in the coveted Robbery-Homicide Division puts him closer to achieving his goal. Four years later, calls for police accountability rule the headlines. The city is teeming with protests for racial justice. When the body of a murdered black academy recruit is found in the Angeles National Forest, Finn is tasked to investigate.

When the U.S. government forced 70,000 American citizens of Japanese ancestry into internment camps in 1942, it created administrative tribunals to pass judgment on who was loyal and who was disloyal. In American Inquisition, Eric Muller relates the untold story of exactly how military and civilian bureaucrats judged these tens of thousands of American citizens during wartime. Some citizens were deemed loyal and were freed, but one in four was declared disloyal to America and condemned to repressive segregation in the camps or barred from war-related jobs.

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.