Legal History

What do the thoughts of a ravenous tiger have to do with the evolution of America's legal system? How do the works of Jane Austen and Ludwig van Beethoven relate to corporal punishment? In The Law of the Land, Charles Rembar examines these and many other topics, illustrating the surprisingly entertaining history of US law.

One of the great ironies of the Enlightenment was that various societies produced the notion of the inalienable rights of man, bequeathed by God, alongside the long-established and deeply entrenched institution of slavery. As fate would have it, the refusal of Northern states to strictly apply the new fugitive slave law would be explicitly cited in several of the Southern states’ articles of secession in late 1860 and early 1861. In that regard, the Fugitive Slave Act ended up being one of the main tipping points that finally split the nation in two.

Zack Brewer faces a choice. It can prevent the next war. But it will cost the life of the person he loves the most.

JAG Officer Zack Brewer's prosecution of three terrorists posing as Navy chaplains was called the "court martial of the century" by the press. Now, with the limelight behind him, all Zack wants to do is forget. But the radical Islamic organization behind the chaplains has a long memory - and a thirst for revenge.

Over the last 30 years, the Federalist Society for Law and Public Policy Studies has grown from a small group of disaffected conservative law students into an organization with extraordinary influence over American law and politics. Although the organization is unknown to the average citizen, this group of intellectuals has managed to monopolize the selection of federal judges, take over the Department of Justice, and control legal policy in the White House.

This is the first book to trace the fascinating parallel history of law and science from antiquity to modern times, showing how the two disciplines have always influenced each other - until recently. In the past few years, the scientific paradigm has shifted dramatically, from seeing the natural world as a kind of cosmic machine to understanding it as a network of fluidly interacting communities. But law is stuck in a mechanistic, 17th-century view that the world is made up of discrete individual parts.

Plessy v. Ferguson, the Supreme Court case synonymous with "separate but equal", created remarkably little stir when the justices announced their near-unanimous decision on May 18, 1896. Yet it is one of the most compelling and dramatic stories of the 19th century, whose outcome embraced and protected segregation, and whose reverberations are still felt into the 21st. Separate spans a striking range of characters and landscapes, bound together by the defining issue of their time and ours - race and equality.

Our trial courts conduct hardly any trials, our correctional systems do not correct, and the rise of mandated arbitration has ushered in a shadowy system of privatized "justice". Meanwhile, our legislators can't even follow their own rules for making rules while the rule of law mutates into a perpetual state of emergency. The legal system is becoming an incomprehensible farce. How did this happen? In The Nonsense Factory, Bruce Cannon Gibney shows that over the past 70 years, the legal system has dangerously confused quantity with quality and might with legitimacy.

Margaret A. Burnham challenges our understanding of the Jim Crow era by exploring the relationship between formal law and background legal norms in harrowing cases between 1920 and 1960. From rendition, the legal process by which states make claims to other states for the return of their citizens, to battles over state and federal jurisdiction and the outsize role of local sheriffs in enforcing racial hierarchy, Burnham maps the criminal legal system of the mid-twentieth-century South, and traces the line from slavery to the legal structures of this period—and through to today.

John Montgomery analyzes and critiques "deconstructionism" in the field of law, and examines sometimes hilarious examples of lawyers' reasoning.

At first glance, the events in this book may seem equal parts science fiction and legal thriller. Unfortunately, this is a true story of blinding greed, cruel deceit, unfortunate circumstance, and powerful human tragedy. It has villains and heroes, but it does not yet have a good ending. It is the story of asbestos in America.

Backcountry Democracy and the Whiskey Insurrection treats the legal culture that informed the Whiskey Rebellion of 1794 and its trials. Linda Myrsiades examines conflicts between state and federal courts and the judicial philosophy of Federalist judges, as well as grand jury charges, law reports, judges' bench notes, and defense notes for the trials, to develop a portrait of the hegemony of official interpretations of the law. At the same time, the book illuminates popular attitudes about the courts and the law and explores the nature of extralegal courts operated by the people.

The Legal Aid Society’s mission is to advance, defend, and enforce the legal rights of low-income and otherwise vulnerable people in order to secure for them the basic necessities of life. Everyday Justice is an on-the-ground history of the Legal Aid Society of Middle Tennessee and the Cumberlands, the story of how national debates about access to justice have impacted the work of its lawyers, and a warning about why the federally imposed limits on that work must be lifted in order to fulfill the pledge of justice for all.

New Deal Law and Order follows President Franklin Roosevelt, Attorney General Homer Cummings, and their war on crime coalition, which overcame the institutional and political challenges to the legitimacy of national law enforcement. Promises of law and order helped to manage tensions among key Democratic Party factions—organized labor, Black Americans, and white Southerners. Their anticrime program, featuring a strengthened criminal code, an empowered FBI, and the first federal war on marijuana, was essential to the expansion of national authority previously stymied on constitutional grounds.

In 1974, the Supreme Court issued a momentous decision: In the case of Milliken v. Bradley, the justices brought a halt to school desegregation across the North, and to the civil rights movement’s struggle for a truly equal education for all. How did this come about, and why? In The Containment, the esteemed legal scholar Michelle Adams tells the epic story of the struggle to integrate Detroit schools—and what happened when it collided with Nixon-appointed justices committed to a judicial counterrevolution.

The Words We Live By takes an entertaining and informative look at America's most important historical document, now with discussions on new rulings on hot button issues such as immigration, gay marriage, gun control, and affirmative action. Through entertaining and informative annotations, The Words We Live By offers a new way of looking at the Constitution. It reflects a critical, respectful, and appreciative look at one of history's greatest documents.

For many years, Britain tried to impose its own laws on the peoples it conquered, and English common law usually followed the Union Jack. But the common law became less common after Britain emerged from the Seven Years' War as the world's most powerful empire. At that point, imperial policymakers adopted a strategy of legal pluralism: some colonies remained under English law, while others retained much of their previous legal regimes.

Abby Kelley Foster arrived in Springfield, Illinois, with the fate of the nation on her mind. Her fame as an abolitionist speaker had spread west, and she knew that her first speech in the city would make headlines. One of the residents reading those headlines would be none other than the likely next president of the United States. Abraham Lincoln, lawyer and presidential candidate, knew his chances of winning were good. All he had to do was stay above the fray of the slavery debate and appear the voice of reason until the people cast their votes.

Defeated in a devastating war with China and ravaged by climate change, America is on the brink of a bloody civil war. Seizing power after a controversial election, the ruling regime has begun cracking down on dissidents fighting the nation’s slide toward dictatorship. Donny Kimoe is a lawyer who makes his living defending enemies of the state. His newest client witnessed the murder of an opposition leader and is now accused of terrorism. To save her from the only sentence worse than death, Donny has to extract justice from a system that has abandoned the rule of law.

When Richard Nixon campaigned for the presidency in 1968, he promised to change the Supreme Court. With four appointments to the court, including Warren E. Burger as the chief justice, he did just that. In 1969 the Burger Court succeeded the famously liberal Warren Court, which had significantly expanded civil liberties and was despised by conservatives across the country.

Stephen L. Carter’s thrilling new novel takes as its starting point an alternate history: President Abraham Lincoln survives the assassination attempt at Ford’s Theatre on April 14, 1865. Two years later he is charged with overstepping his constitutional authority, both during and after the Civil War, and faces an impeachment trial.... Twenty-one-year-old Abigail Canner is a young black woman with a degree from Oberlin and a letter of employment from the law firm that has undertaken Lincoln’s defense....