Government Law

The dramatic story of the 1925 Scopes trial, which captivated the nation and exposed profound divisions in America that still resonate today—divisions over the meaning of freedom, religion, education, censorship, and civil liberties in a democracy.

There are two kinds of knowledge law school teaches: legal rules on the one hand, and tools for thinking about legal problems on the other. Although the tools are far more interesting and useful than the rules, they tend to be neglected in favor of other aspects of the curriculum. In The Legal Analyst, Ward Farnsworth brings together in one place all of the most powerful of those tools for thinking about law.

As soon as the financial crisis erupted, the finger-pointing began. Should the blame fall on Wall Street, Main Street, or Pennsylvania Avenue? On greedy traders, misguided regulators, sleazy subprime companies, cowardly legislators, or clueless home buyers? According to Bethany McLean and Joe Nocera, two of America's most acclaimed business journalists, the real answer is all of the above-and more. Many devils helped bring hell to the economy.

Following his book Captured on corporate capture of regulatory and government agencies, and his years of experience as a prosecutor, Senator Sheldon Whitehouse here turns his attention to the right-wing scheme to capture the courts, and how it influenced the Trump administration's appointment of over 230 "business-friendly" judges, including the last three justices of the United States Supreme Court.

Marlene Wagman-Geller, author of Once Again to Zelda and Behind Every Great Man, presents a fascinating collection of biographical vignettes of dozens of women of a certain age who have excelled, inspired, and achieved. Learn how these women changed their respective fields of art, politics, science, mathematics, media, literature, activism, education, and more. From actresses, yoga teachers, folk artists to business women, prime ministers, monarchs, and authors, this group of exceptional women will illustrate that women can achieve anything, no matter their age.

In the first and only inside account of the Mueller investigation, one of the special counsel’s most trusted prosecutors breaks his silence on the team’s history-making search for the truth, their painstaking deliberations and costly mistakes, and Trump’s unprecedented efforts to stifle their report.

The Electoral College that governs America has been with us since 1804, when Thomas Jefferson's supporters redesigned it for his re-election. The Jeffersonians were motivated by the principle of majority rule. Gone were the days when a president would be elected by acclamation, as George Washington had been. Instead, given the emergence of intense two-party competition, the Jeffersonians wanted to make sure that the Electoral College awarded the presidency to the candidate of the majority, rather than minority, party.

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.

Activists from Henry David Thoreau and Mohandas Gandhi to the Movement for Black Lives have long recognized that there are times when, rather than having a duty to obey the law, we have a duty to disobey it. Taking seriously the history of this activism, A Duty to Resist wrestles with the problem of political obligation in real world societies that harbor injustice. Candice Delmas argues that the duty of justice, the principle of fairness, the Samaritan duty, and political association impose responsibility to resist under conditions of injustice.

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.

More than 40 years after President Johnson signed the landmark Fair Housing Act into law, residential segregation in America remains unresolved. Designed to help dismantle the nation’s racially divided housing patterns, the act has gone largely ignored by every presidential administration - Democrat and Republican alike - since 1968. In Living Apart, ProPublica investigates this failing.

Silent Spring meets Erin Brockovich in this eye-opening, riveting true story of the lawyer who spent two decades building a case against DuPont for its use of the hazardous, unregulated chemical PFOA, uncovering a history of environmental contamination that affects virtually every person on the planet, and the heartless behavior that kept it a secret for 60 years.

Although Roe v. Wade identified abortion as a constitutional right 45 years ago, it still bears stigma - a proverbial scarlet A. In public discussion, both proponents and opponents of abortion's legality tend to focus on extraordinary cases. This tendency keeps the national debate polarized and contentious. Professor Katie Watson focuses instead on the cases that happen the most, which she calls "ordinary abortion". Scarlet A gives the reflective listener a more accurate impression of what the majority of American abortion practice really looks like.

We think of the FBI as America’s police force. But secret intelligence is the Bureau’s first and foremost mission. Enemies is the story of how presidents have used the FBI as the most formidable intelligence force in American history. This is the first definitive history of the FBI’s secret intelligence operations, from an author whose work on the Pentagon and the CIA won him the Pulitzer Prize and the National Book Award.

A must-listen for the informed citizen, The Impeachment Power argues that impeachment is ultimately a political instrument and gives us the perspective we need to recognize when an impeachment might be useful and when we are better served by looking for alternative ways to solve our political problems.

The Supreme Court has never simply evaluated laws and arguments in light of permanent and immutable constitutional meanings, and social, moral, and yes, political ideas have always played into Supreme Court justices' impressions of how they think a case should be decided. Mark Tushnet traces the ways constitutional thought has evolved from the liberalism of the New Deal and Great Society to the Reagan conservatism that has been dominant since the 1980s.

Most people believe the Federal Bureau of Investigation began under J. Edgar Hoover in the 1920s or 1930s. Many also naturally assume it was developed for the express purpose of fighting crime. However, the reality is very different. The reality is it began years earlier, in 1908, under President Theodore Roosevelt. In The Birth of the FBI, Willard Oliver details the political fight that led to the birth of America's premier law enforcement agency.

Can the president launch a nuclear attack without congressional approval? Is it ever a crime to criticize the president? Can states legally resist a president's executive order? Corey Brettschneider takes us on a deep dive into the US Constitution to answer questions that, in our tumultuous era, Americans are asking more than ever before. From the document itself and from history's pivotal court cases, we learn why certain powers were granted to the presidency, how the Bill of Rights limits those powers, and what "we the people" can do.

Instead of the system that the Constitution intended, judges have created a system in which bureaucrats and appointed officials make most of the important policies. While the government claims to be a representative republic, somehow hot-button topics from gay marriage to the allocation of Florida's presidential electors always seem to be decided by unelected judges. What gives them the right to decide such issues? The judges say it's the Constitution.

Cybersecurity incidents make the news with startling regularity. Each breach makes headlines, inspires panic, instigates lawsuits, and is then forgotten. The cycle of alarm and amnesia continues with the next attack, and the one after that. Cybersecurity expert Josephine Wolff argues that we shouldn't forget about these incidents, we should investigate their trajectory, from technology flaws to reparations for harm done to their impact on future security measures. We can learn valuable lessons in the aftermath of cybersecurity breaches.