Civil Law

For a century, the American Civil Liberties Union has fought to keep Americans in touch with the founding values of the Constitution. As its centennial approached, the organization invited Ellis Cose to become its first ever writer-in residence, serving as an "embedded journalist" with complete editorial independence. The result is Cose's groundbreaking Democracy, If We Can Keep It: The ACLU and Its 100-Year Battle for Our Rights, the most authoritative account ever of America's premier defender of civil liberties.

One promise of democracy is the right of every citizen to vote. And yet, from our founding, strong political forces were determined to limit that right. The Supreme Court, Alexander Hamilton wrote, would protect the weak against this very sort of tyranny. Still, as On Account of Race forcefully demonstrates, through the better part of American history the Court has instead been a protector of white rule. And complex threats against the right to vote persist even today.

Legal luminary Burt Neuborne argues that the structure of the First Amendment as well as of the entire Bill of Rights was more intentional than most people realize, beginning with the internal freedom of conscience and working outward to freedom of expression and finally freedom of public association. This design, Neuborne argues, was not to protect discrete individual rights - such as the rights of corporations to spend unlimited amounts of money to influence elections.

A tour de force of groundbreaking reportage by Pulitzer Prize-winning journalist Jo Becker, Forcing the Spring follows the historic legal challenge mounted against California’s ban on same-sex marriage, a remarkable lawsuit that forced the issue of marriage equality before the highest court in the land. For nearly five years Becker embedded with the lawsuit’s plaintiffs, was given free rein within the legal and political war rooms where strategy was plotted, and attended every day of the trial and every appellate argument.

Vor dem Gesetz sind alle gleich. Doch was geschieht, wenn geltendes Recht nicht mehr für jeden gilt und nicht ausnahmslos greift? Wenn gefällte Urteile nicht vollzogen werden? Wenn der Staat auf neue Entwicklungen in Zeiten von Digitalisierung und Globalisierung nicht angemessen reagiert? Wenn die Balance zwischen Freiheit und Sicherheit zunehmend zu Lasten der Freiheit verloren geht? Wenn zwar der Sozialstaat weiter ausgebaut wird, die Kernaufgaben des Rechtsstaates aber vernachlässigt werden?

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.

For over seventy years and five generations, the enslaved families of Prince George's County, Maryland, filed hundreds of suits for their freedom against a powerful circle of slaveholders, taking their cause all the way to the Supreme Court. Between 1787 and 1861, these lawsuits challenged the legitimacy of slavery in American law and put slavery on trial in the nation's capital. Piecing together evidence once dismissed in court and buried in the archives, William Thomas tells an intricate and intensely human story of the enslaved families.

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.

Based on the extraordinary true story of America's first-ever female detective, this fast-paced adventure recounts feats of daring and danger...including saving the life of Abraham Lincoln! Eleven-year-old Nell Warne arrives on her aunt's doorstep lugging a heavy sack of sorrows. If her Aunt Kate rejects her, it's the miserable Home for the Friendless. Luckily, canny Nell makes herself indispensable to Aunt Kate...and not just by helping out with household chores. For Kate Warne is the first-ever female detective employed by the legendary Pinkerton Detective Agency.

The gripping story of the life and education of one of America's most innovative and idealistic lawyers.

How Sex Became a Civil Liberty is the first book to show how and why we have come to see sexual expression, sexual practice, and sexual privacy as fundamental rights. Using rich archival sources and oral interviews, historian Leigh Ann Wheeler shows how the private lives of women and men in the American Civil Liberties Union shaped their understanding of sexual rights as they built the constitutional foundation for the twentieth-century's sexual revolutions.

Dovey Johnson Roundtree was most famous for her successful defense of an indigent Black man accused of the murder of Mary Pinchot Meyer, a prominent White Washington, DC, socialite, in 1965. Despite her triumph in this high-profile case, Roundtree continued to represent the poor and the underserved. She was the first lawyer to bring a bus-desegregation case before the Interstate Commerce Commission, clinching the ruling that enabled Robert F. Kennedy to enforce bus integration. She was also among the first Black women to enter the Women’s Army Auxiliary Corps.

Dershowitz on Killing is a timely examination of issues and questions that are front and center in today’s society. Employing a philosophical, moral, religious, and cultural lens to the legal aspects surrounding death and life, Alan Dershowitz elucidates the role of government to determine who shall live and who shall die in declaring wars, ordering executions, authorizing deadly force, permitting or denying abortions, providing or mandating vaccines, controlling climate change, allowing or refusing asylum for endangered migrants, and other life and death rulings.

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 Mighty Justice, trailblazing African American civil rights attorney Dovey Johnson Roundtree recounts her inspiring life story that speaks movingly and urgently to our racially troubled times. From the streets of Charlotte, North Carolina, to the segregated courtrooms of the nation’s capital; from the male stronghold of the army where she broke gender and color barriers to the pulpits of churches where women had waited for years for the right to minister - in all these places, Dovey Johnson Roundtree sought 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.

At first, Hiram is excited to visit his hometown in Mississippi. But soon after he arrives, he crosses paths with Emmett Till, a black teenager from Chicago who is also visiting for the summer. Hiram sees firsthand how the local whites mistreat blacks who refuse to "know their place". When Emmett's tortured dead body is found floating in a river, Hiram is determined to find out who could do such a thing. But what will it cost him to know?

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

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.

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.