Political Law

We are all familiar with the image of the immensely clever judge who discerns the best rule of common law for the case at hand. But is this common-law mindset, which is appropriate in its place, suitable also in statutory and constitutional interpretation? In a witty and trenchant essay, Justice Scalia answers this question with a resounding negative.

This book consists of two parts: the essay "The Idea of Public Reason Revisited" and "The Law of Peoples", a major reworking of a much shorter article by the same name. Taken together, they are the culmination of more than 50 years of reflection on liberalism and on some of the most pressing problems of our times.

With the Supreme Court likely to reverse Roe v. Wade, the landmark abortion decision, American debate appears fixated on clashing rights. The first comprehensive legal history of a vital period, Abortion and the Law in America illuminates an entirely different and unexpected shift in the terms of debate. Drawing on unexplored records and interviews with key participants, Ziegler complicates the view that the Supreme Court is responsible for the escalation of the conflict.

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.

In Where Tyranny Begins, Pulitzer Prize-winning journalist David Rohde investigates the strategies Trump systematically used to turn the country's two most powerful law-enforcement agencies into his personal political weapons. Rohde also reveals how, during the Biden years, Justice Department non-partisan 1970s norms that Attorney General Merrick Garland reinforced inadvertently helped Trump, and could fail to deliver a trial and legal accountability by Election Day 2024.

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.

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.

Oliver Wendell Holmes, Jr. (1841-1935) is generally considered one of the two greatest justices of the United States Supreme Court. In more than 2000 opinions, he delineated an impressive legal philosophy that profoundly influenced American jurisprudence, particularly in the area of civil liberties and judicial restraint. In The Common Law, derived from a series of lectures delivered at the Lowell Institute in Boston, Holmes systematized his legal doctrines.

In 1805 and 1806, Aaron Burr, former vice president of the newly formed American republic, traveled through the Trans-Appalachian West gathering support for a mysterious enterprise, for which he was arrested and tried for treason in 1807. This book explores the political and cultural forces that shaped how Americans made sense of the uncertain rumors and reports about Burr's intentions and movements, and examines what the resulting crisis reveals about their anxieties concerning the new nation's fragile union and uncertain republic.

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.

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.

“Until You Are Dead” chronicles the loss of Canada’s innocence. Prior to June 11, 1959, Canadian parents could allow their children to play outdoors, unsupervised, in places children traditionally love: schoolyards, fields and nearby swimming holes. But on that hot summer day, when the body of a twelve-year-old girl turned up in a woody area near Clinton, Ontario, that innocence was shattered.

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.

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.

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.

Preet Bharara has spent much of his life examining our legal system, pushing to make it better, and prosecuting those looking to subvert it. Bharara believes in our system and knows it must be protected, but to do so, he argues, we must also acknowledge and allow for flaws both in our justice system and in human nature. Bharara uses the many illustrative anecdotes and case histories from his storied, formidable career - the successes as well as the failures - to shed light on the realities of the legal system and the consequences of taking action.

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.

Midwives in the United States live and work in a complex regulatory environment that is a direct result of state and medical intervention into women's reproductive capacity. In Birthing a Movement, Renee Ann Cramer draws on over a decade of ethnographic and archival research to examine the interactions of law, politics, and activism surrounding midwifery care.

"The Law" by Frédéric Bastiat is a seminal work in political philosophy and economics, offering a robust defense of individual liberty and property rights against the encroachments of government.

How is it that the law enforcer itself does not have to keep the law? How is it that the law permits the state to lawfully engage in actions which, if undertaken by individuals, would land them in jail? These are among the most intriguing issues in political and economic philosophy. More specifically, the problem of law that itself violates law is an insurmountable conundrum of all statist philosophies. The problem has never been discussed so profoundly and passionately as in this essay by Frederic Bastiat from 1850. This essay might have been written today. It applies to our own time.