Justice History

Lawyers don’t often admit this in mixed company, but Madiba Dennie wants to let you in on a secret: There's no one true way to interpret the Constitution. Americans saw just how subjective it can be when the Supreme Court denied basic bodily autonomy to millions of people in its Dobbs v. Jackson Women's Health Organization decision, suggesting that our rights and liberties are frozen in a cherry-picked version of history. This is a line of constitutional interpretation called originalism—a framework that says we must be constrained by the meaning of the Constitution's text when it was written.

The January 6th attack is an unprecedented crime in American history. Sprawling and openly political, it can't be handled by the traditional rules and norms of law enforcement—threatening the very idea of justice and its role in society. A mass of online tipsters—"sedition hunters"—have mobilized, simultaneously providing the FBI with valuable intelligence. In this work of extraordinary reportage, Ryan Reilly gets to know would-be revolutionaries, obsessive online sleuths, and FBI agents, and shines a light on a justice system that's straining to maintain order in our polarized country.

A leading Supreme Court expert recounts the personal and philosophical rivalries that forged our nation's highest court and continue to shape our daily lives. The Supreme Court is the most mysterious branch of government, and yet the Court is at root a human institution, made up of very bright people with very strong egos, for whom political and judicial conflicts often become personal.

Conducting hundreds of interviews during the course of over one year reporting on the ground, Washington Post writer Wesley Lowery traveled from Ferguson, Missouri, to Cleveland, Ohio; Charleston, South Carolina; and Baltimore, Maryland; and then back to Ferguson to uncover life inside the most heavily policed, if otherwise neglected, corners of America today.

Supreme Court Justice Stephen Breyer delivers an impassioned argument for the proper role of America’s highest judicial body. Examining historic and contemporary decisions by the Court, Breyer highlights the rulings that have bolstered public confidence as well as the missteps that have triggered distrust. What emerges is a unique approach - certain to be admired for years to come - to interpreting the Constitution.

After moonrise on the cold night of January 21, 1897, a mob of 25 White men gathered in a patch of woods near Big Road in Southwestern Simpson County, Kentucky. Half carried rifles and shotguns, and a few tucked pistols in their pants. Their target was George Dinning, a freed slave who'd farmed peacefully in the area for 14 years and who had been wrongfully accused of stealing livestock from a neighboring farm. When the mob began firing through the doors and windows of Dinning's home, he fired back in self-defense, shooting and killing the son of a wealthy Kentucky family.

History remembers John Adams as a Founding Father and our country’s second president. But in the tense years before the American Revolution, he was still just a lawyer, fighting for justice in one of the most explosive murder trials of the era. On the night of March 5, 1770, shots were fired by British soldiers on the streets of Boston, killing five civilians. The Boston Massacre has often been called the first shots of the American Revolution.

Though often taken for granted, the modern American public defender is a recent invention with a surprisingly contentious history - one that offers insights not only about the "carceral state" but also about the contours and compromises of 20th-century liberalism.

In turbulent 1870s Texas, the revered and fearless Ranger Leander McNelly led his men in one dramatic campaign after another, throwing cattle thieves, desperadoes, border ruffians, and other dangerous criminals into jail or, if that's how they wanted it, six feet under. They would stop at nothing in pursuit of justice, even sending 26 Rangers across the border to retrieve stolen cattle—taking on hundreds of Mexican troops with nothing but their Sharps rifles and six-guns. The nation came to call them “McNelly’s Rangers.”

Justice Anthony Kennedy slipped out of the Supreme Court building on June 27, 2018, and traveled incognito to the White House to inform President Donald Trump that he was retiring, setting in motion a political process that his successor, Brett Kavanaugh, would denounce three months later as a "national disgrace" and a "circus". Justice on Trial, the definitive insider's account of Kavanaugh's appointment to the Supreme Court, is based on extraordinary access to more than 100 key figures - including the president, justices, and senators - in that ferocious political drama.

Breathe explores the terror, grace, and beauty of coming of age as a Black person in contemporary America and what it means to parent our children in a persistently unjust world. Emotionally raw and deeply reflective, Imani Perry issues an unflinching challenge to society to see Black children as deserving of humanity. She admits fear and frustration for her African-American sons in a society that is increasingly racist and at times seems irredeemable. However, as a mother, feminist, writer, and intellectual, Perry offers an unfettered expression of love.

Since 1949, the Chinese Communist Party (CCP) has maintained unrivalled control over the country, persisting even in the face of economic calamity, widespread social upheaval, and violence against its own people. Yet the party does not sustain dominance through repressive tactics alone - it pairs this with surprising responsiveness to the public. The Party and the People explores how this paradox has helped the CCP endure for decades, and how this balance has shifted increasingly toward repression under the rule of President Xi Jinping.

Mary Fulbrook's encompassing book explores the lives of individuals across a full spectrum of suffering and guilt, each one capturing one small part of the greater story. Using "reckoning" in the widest possible sense to evoke how the consequences of violence have expanded almost infinitely through time. Fulbrook exposes the disjuncture between official myths about "dealing with the past" and the extent to which the vast majority of Nazi perpetrators evaded responsibility.

Much of what is known of the Norse myths comes from the 10th century onwards. Until this time and, indeed, for centuries afterwards, Norse culture (particularly that of Iceland, where the myths were eventually transcribed) was an oral culture. In fact, in all Scandinavian countries well into the thirteenth century laws were memorized by officials known as “Lawspeakers” who recited them at the “Thing.” The Thing was the legislative assembly in Scandinavia “held for judicial purposes”. One of the most famous of these lawspeakers was the Icelander Snorri Sturluson.

Michel Paradis’ Last Mission to Tokyo, a “superb” (The Wall Street Journal) and “engrossing...richly researched” (The New York Times Book Review) account of a key but underreported moment in World War II: The Doolittle Raids and the international war crimes trial in 1945 that defined the Japanese American relations and changed legal history.

The Japanese onslaught on Pearl Harbor on December 7, 1941, devastated Americans and precipitated entry into World War II. In the aftermath, Admiral Husband Kimmel, commander in chief of the Pacific Fleet, was relieved of command, accused of negligence and dereliction of duty, and publicly disgraced. But the admiral defended his actions through eight investigations and for the rest of his long life. The evidence against him was less than solid.

It has been well-established that many of the injustices that people around the world experience every day are the result of wide-scale structural problems of politics and economics. These are not merely random personal problems or consequences of bad luck or bad planning. Confronted by this fact, it is natural to ask what should or can we do to mitigate everyday injustices? Just Responsibility integrates ways of taking political responsibility into a rich theory of political community, accountability, and leadership in which taking responsibility for injustice itself transforms the fabric of political life.

Engaging but caustic and openly ideological, Antonin Scalia was among the most influential justices ever to serve on the United States Supreme Court. In this fascinating new book, legal scholar Richard L. Hasen assesses Scalia's complex legacy as a conservative legal thinker and disruptive public intellectual. The left saw Scalia as an unscrupulous foe who amplified his judicial role with scathing dissents and outrageous public comments.

Ginsburg and Amanda Tyler, Berkeley Law professor and former Ginsburg law clerk, bring together RBG's most penetrating opinions - many previously unpublished - sharing details from Justice Ginsburg's family life and long career.

Beset by the personal cruelties perpetrated by her husband and a society whose rules were set against her, Caroline Norton chose to fight. She channeled her energies in an area of much-needed reform: the rights of a married woman and specifically those of a mother. She campaigned tirelessly, achieving her first landmark victory with the Infant Custody Act of 1839. Provisions which are now taken for granted owe much to Caroline, who was determined to secure justice for women at all levels of society from the privileged to the dispossessed.