American Law

From the late 19th century through the 1930s, scholars of politics defined and continually reoriented their field in response to the political imperatives of the racial order at home and abroad as well to as the vagaries of race science. The Gilded Age scholars who founded the first university departments and journals located sovereignty and legitimacy in a "Teutonic germ" of liberty planted in the new world by Anglo-Saxon settlers and almost extinguished in the conflict over slavery.

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.

An elderly woman dies at the bottom of a stairway, and Betty is accused as her killer. Convinced that his sister isn't capable of such a crime, psychiatrist Seth enlists his friend Ann Lee, an amateur detective, and her partner to help clear her name. Never in their decade-long career have Ann and Fang Chen had to defend a client who already has airtight evidence and an eyewitness against her. As they try to separate the assumptions from the truth, every lead appears to be a dead end, and Betty Foreman seems to be guilty as accused.

The little-known and under-studied 1807 Insurrection Act was passed to give the president the ability to deploy federal military forces to fend off lawlessness and rebellion, but it soon became much more than the sum of its parts. Its power is integrally linked to the perceived threat of Black American equity in what lawyer and critic Hawa Allan demonstrates is a dangerous paradox. While the act was initially used to repress rebellion against slavery, during Reconstruction it was invoked by President Grant to quell white-supremacist uprisings in the South.

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.

The book draws on public health ethics, public health law, and the histories of occupational and public health to assess the limits of parental choice to expose their children to risks of injury. Chris Nowinski, former Harvard football player and WWE wrestler, provides a timely and insider's perspective on these critical issues in the foreword.

One in 10 American children has a parent under criminal justice supervision - incarcerated, on probation, or on parole. One in 33 American children - and one in eight African American children - goes to sleep without access to a parent because that parent is in jail. Despite these staggering numbers, the children of prisoners remain largely invisible to society. Journalist Nell Bernstein shows, through the deeply moving stories of real families, how the children of the incarcerated are routinely punished for their parents' status.

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.

Equality is easy to grasp in theory but often hard to achieve in reality. In this accessible and wide-ranging work, American University law professor Robert L. Tsai offers a stirring account of how legal ideas that aren't necessarily about equality at all - ensuring fair play, behaving reasonably, avoiding cruelty, and protecting free speech - have often been used to overcome resistance to justice and remain vital today.

A stunning revision of our founding document’s evolving history that forces us to confront anew the question that animated the founders so long ago: What is our Constitution? Americans widely believe that the United States Constitution was created when it was drafted in 1787 and ratified in 1788. But in a shrewd rereading of the founding era, Jonathan Gienapp upends this long-held assumption, recovering the unknown story of American constitutional creation in the decade after its adoption.

Joe is a retired Special Forces operative with a bad case of PTSD and some substance abuse issues, moonlighting as a fixer for the most powerful crime families in town. In his newest assignment, Joe is sent to take out a shadowy figure named Zahir, who made the New York crime families' hit list by hijacking heroin shipments bound for US dealers and funneling the money to terror cells. Which means that Gotham's underbelly has brought Joe back to the one place in the world he doesn't want to revisit.

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

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.

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.

It is 1942, and World War II is raging. In the months since Pearl Harbor, the US has plunged into the war overseas—and on the home front, it has locked up tens of thousands of innocent Japanese Americans in concentration camps, tearing them from their homes on the West Coast with the ostensible goal of neutralizing a supposed internal threat. At each of these camps the government places a white lawyer with contradictory instructions: provide legal counsel to the prisoners, and keep the place running.

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

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.