Feminist Legal History represents feminist legal historians’ efforts to define their field, by showcasing historical research and analysis that demonstrates how women were denied legal rights, how women used the law proactively to gain rights, and how, empowered by law, women worked to alter the law to try to change gendered realities. Encompassing two centuries of American history, thirteen original essays expose the many ways in which legal decisions have hinged upon ideas about women or gender as well as the ways women themselves have intervened in the law, from Elizabeth Cady Stanton’s notion of a legal class of gender to the deeply embedded inequities involved in Ledbetter v. Goodyear, a 2007 Supreme Court pay discrimination case.
Contributors: Carrie N. Baker, Felice Batlan, Tracey Jean Boisseau, Eileen Boris, Richard H. Chused, Lynda Dodd, Jill Hasday, Gwen Hoerr Jordan, Maya Manian, Melissa Murray, Mae C. Quinn, Margo Schlanger, Reva Siegel, Tracy A. Thomas, and Leti Volpp
The definitive account of the O. J. Simpson trial, The Run of His Life is a prodigious feat of reporting that could have been written only by the foremost legal journalist of our time. First published less than a year after the infamous verdict, Jeffrey Toobin’s nonfiction masterpiece tells the whole story, from the murders of Nicole Brown Simpson and Ronald Goldman to the ruthless gamesmanship behind the scenes of “the trial of the century.” Rich in character, as propulsive as a legal thriller, this enduring narrative continues to shock and fascinate with its candid depiction of the human drama that upended American life.
Praise for The Run of His Life
“This is the book to read.”—Michiko Kakutani, The New York Times
“This book stands out as a gripping and colorful account of the crime and trial that captured the world’s attention.”—Boston Sunday Globe
“A real page-turner . . . strips away the months of circuslike televised proceedings and the sordid tell-all books and lays out a simple, but devastating, synopsis of the case.”—Entertainment Weekly
“A well-written, profoundly rational analysis of the trial and, more specifically, the lawyers who conducted it.”—USA Today
“Engrossing . . . Toobin’s insight into the motives and mind-set of key players sets this Simpson book apart from the pack.”—People (one of the top ten books of the year)
From the Hardcover edition.
From the Trade Paperback edition.
Law 101 is an essential reference that explains:How laws are made How the court system works How each area of the law impacts your daily life
Key information for important questions:How does a lawsuit begin? How do civil and criminal law differ? When do state laws trump federal laws? What makes a contract solid? What can you expect if called as a juror? What can you expect if called as a witness? And other complex areas of the law that you need to know.
No home reference shelf is complete without this indispensible guide. The new edition also includes information on legal subjects that have become more important recently, including alternative dispute resolution, privacy rights, and Internet law.
The Washington Post • New York Daily News • Slate
“Fast-paced, fair-minded, and fascinating, Tim Weiner’s Enemies turns the long history of the FBI into a story that is as compelling, and important, as today’s headlines.”—Jeffrey Toobin, author of The Oath
Enemies 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.
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 to conduct political warfare, and how the Bureau became the most powerful intelligence service the United States possesses.
Here is the hidden history of America’s hundred-year war on terror. The FBI has fought against terrorists, spies, anyone it deemed subversive—and sometimes American presidents. The FBI’s secret intelligence and surveillance techniques have created a tug-of-war between national security and civil liberties. It is a tension that strains the very fabric of a free republic.
Praise for Enemies
“Outstanding.”—The New York Times
“Absorbing . . . a sweeping narrative that is all the more entertaining because it is so redolent with screw-ups and scandals.”—Los Angeles Times
Finding that the answer is still a resounding no, Rosenberg reaffirms his powerful contention that it’s nearly impossible to generate significant reforms through litigation. The reason? American courts are ineffective and relatively weak—far from the uniquely powerful sources for change they’re often portrayed as. Rosenberg supports this claim by documenting the direct and secondary effects of key court decisions—particularly Brown v. Board of Education and Roe v. Wade. He reveals, for example, that Congress, the White House, and a determined civil rights movement did far more than Brown to advance desegregation, while pro-choice activists invested too much in Roe at the expense of political mobilization. Further illuminating these cases, as well as the ongoing fight for same-sex marriage rights, Rosenberg also marshals impressive evidence to overturn the common assumption that even unsuccessful litigation can advance a cause by raising its profile.
Directly addressing its critics in a new conclusion, The Hollow Hope, Second Edition promises to reignite for a new generation the national debate it sparked seventeen years ago.
Dr. Skousen has carefully outlined the entire code of God’s law in this book. Under this judicial system there are only about a hundred statutes required to govern a community, a state, a nation or the world if these guidelines are in the hands of wise and virtuous judges.
Learn which political ideas are in tune with God’s law so you can support them. Understand why political ideas contrary to God’s law simply don’t work. See just how marvelous life in America will be once God’s majestic law is established here.
A brilliantly engaging writer, Kadri journeys from the silence of ancient Egypt’s Hall of the Dead to the clamor of twenty-first-century Hollywood to show how emotion and fear have inspired Western notions of justice–and the extent to which they still riddle its trials today. He explains, for example, how the jury emerged in medieval England from trials by fire and water, in which validations of vengeance were presumed to be divinely supervised, and how delusions identical to those that once sent witches to the stake were revived as accusations of Satanic child abuse during the 1980s.
Lifting the lid on a particularly bizarre niche of legal history, Kadri tells how European lawyers once prosecuted animals, objects, and corpses–and argues that the same instinctive urge to punish is still apparent when a child or mentally ill defendant is accused of sufficiently heinous crimes.
But Kadri’s history is about aspiration as well as ignorance. He shows how principles such as the right to silence and the right to confront witnesses, hallmarks of due process guaranteed by the U.S. Constitution, were derived from the Bible by twelfth-century monks. He tells of show trials from Tudor England to Stalin’s Soviet Union, but contends that “no-trials,” in Guantánamo Bay and elsewhere, are just as repugnant to Western traditions of justice and fairness. With governments everywhere eroding legal protections in the name of an indefinite war on terror, Kadri’s analysis could hardly be timelier.
At once encyclopedic and entertaining, comprehensive and colorful, The Trial rewards curiosity and an appreciation of the absurd but tackles as well questions that are profound. Who has the right to judge, and why? What did past civilizations hope to achieve through scapegoats and sacrifices–and to what extent are defendants still made to bear the sins of society at large? Kadri addresses such themes through scores of meticulously researched stories, all told with the verve and wit that won him one of Britain’s most prestigious travel-writing awards–and in doing so, he has created a masterpiece of popular history.
From the Hardcover edition.
From the Trade Paperback edition.
So quipped Antonin Scalia about Sonia Sotomayor at the Supreme Court's annual end-of-term party in 2010. It's usually the sort of event one would expect from such a grand institution, with gentle parodies of the justices performed by their law clerks, but this year Sotomayor decided to shake it up—flooding the room with salsa music and coaxing her fellow justices to dance.
It was little surprise in 2009 that President Barack Obama nominated a Hispanic judge to replace the retiring justice David Souter. The fact that there had never been a nominee to the nation's highest court from the nation's fastest growing minority had long been apparent. So the time was ripe—but how did it come to be Sonia Sotomayor?
In Breaking In: The Rise of Sonia Sotomayor and the Politics of Justice, the veteran journalist Joan Biskupic answers that question. This is the story of how two forces providentially merged—the large ambitions of a talented Puerto Rican girl raised in the projects in the Bronx and the increasing political presence of Hispanics, from California to Texas, from Florida to the Northeast—resulting in a historical appointment. And this is not just a tale about breaking barriers as a Puerto Rican. It's about breaking barriers as a justice.
Biskupic, the author of highly praised judicial biographies of Justice Antonin Scalia and Justice Sandra Day O'Connor, now pulls back the curtain on the Supreme Court nomination process, revealing the networks Sotomayor built and the skills she cultivated to go where no Hispanic has gone before. We see other potential candidates edged out along the way. And we see how, in challenging tradition and expanding our idea of a justice (as well as expanding her public persona), Sotomayor has created tension within and without the court's marble halls.
As a Supreme Court justice, Sotomayor has shared her personal story to an unprecedented degree. And that story—of a Latina who emerged from tough times in the projects not only to prevail but also to rise to the top—has even become fabric for some of her most passionate comments on matters before the Court. But there is yet more to know about the rise of Sonia Sotomayor. Breaking In offers the larger, untold story of the woman who has been called "the people's justice."
Chief Justice Rehnquist’s engaging writing illuminates both the high and low points in the Court's history, from Chief Justice Marshall’s dominance of the Court during the early nineteenth century through the landmark decisions of the Warren Court. Citing cases such as the Dred Scott decision and Roosevelt's Court-packing plan, Rehnquist makes clear that the Court does not operate in a vacuum, that the justices are unavoidably influenced by their surroundings, and that their decisions have real and lasting impacts on our society. The public often hears little about the Supreme Court until decisions are handed down. Here, Rehnquist reveals its inner workings--the process by which cases are chosen, the nature of the conferences where decisions are made, and the type of debates that take place. With grace and wit, this incisive history gives a dynamic and informative account of the most powerful court in the nation and how it has shaped the direction America has taken.
The authors take us into the courtroom for the trial that made headlines across North America, as Mitchell was acquitted of murder. Though the formal plea was insanity, the defence built its case on the "unwritten law" that justified killing to protect or avenge family honour. Based on court records and archival sources, this case study includes a detailed examination of the trial, the media's response to it, and the dramatic aftermath, and sheds light on the rise of ardent religion in the Pacific Northwest, the justice system in Seattle, and the role of the press in influencing public opinion.
In a chapter written especially for this revised edition of his modern classic, Carter recounts the latest turns in the case. Included are the surprising story of the last surviving Scottsboro defendant and the vivid description of Victoria Prices' libel suit against the network that televised the drama and the subsequent trial -- presumably the last of the Scottsboro trials. Along with this new material Carter provides fresh personal and historical insights into the case and reflects on the way the South has changed since Scottsboro first claimed the nation's attention.
Based on Supreme Court archives, the personal papers of justices and other figures at the Supreme Court, and interviews and written surveys with 150 former clerks, Sorcerers’ Apprentices is a rare behind-the-scenes look at the life of a law clerk, and how it has evolved since its nineteenth-century beginnings. Artemus Ward and David L. Weiden reveal that throughout history, clerks have not only written briefs, but made significant decisions about cases that are often unseen by those outside of justices' chambers. Should clerks have this power, they ask, and, equally important, what does this tell us about the relationship between the Supreme Court’s accountability to and relationship with the American public?
Sorcerers’ Apprentices not only sheds light on the little-known role of the clerk but offers provocative suggestions for reforming the institution of the Supreme Court clerk. Anyone that has worked as a law clerk, is considering clerking, or is interested in learning about what happens in the chambers of Supreme Court justices will want to read this engaging and comprehensive examination of how the role of the law clerk has evolved over its long history.
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.
The Burger Court is often described as a “transitional” court between the Warren Court and the Rehnquist and Roberts Courts, a court where little of importance happened. But as this “landmark new book” (The Christian Science Monitor) shows, the Burger Court veered well to the right in such areas as criminal law, race, and corporate power. Authors Graetz and Greenhouse excavate the roots of the most significant Burger Court decisions and in “elegant, illuminating arguments” (The Washington Post) show how their legacy affects us today.
“Timely and engaging” (Richmond Times-Dispatch), The Burger Court and the Rise of the Judicial Right draws on the personal papers of the justices as well as other archives to provide “the best kind of legal history: cogent, relevant, and timely” (Publishers Weekly).
John Hagan argues that the recent history of American criminal justice can be divided into two eras--the age of Roosevelt (roughly 1933 to 1973) and the age of Reagan (1974 to 2008). A focus on rehabilitation, corporate regulation, and the social roots of crime in the earlier period was dramatically reversed in the later era. In the age of Reagan, the focus shifted to the harsh treatment of street crimes, especially drug offenses, which disproportionately affected minorities and the poor and resulted in wholesale imprisonment. At the same time, a massive deregulation of business provided new opportunities, incentives, and even rationalizations for white-collar crime--and helped cause the 2008 financial crisis and subsequent recession.
The time for moving beyond Reagan-era crime policies is long overdue, Hagan argues. The understanding of crime must be reshaped and we must reconsider the relative harms and punishments of street and corporate crimes. In a new afterword, Hagan assesses Obama's policies regarding the punishment of white-collar and street crimes and debates whether there is any evidence of a significant change in the way our country punishes them.
As late as 1967, men outnumbered women twenty to one in American law schools. With the loss of deferments from Vietnam, law schools admitted women to avoid plummeting enrollments. As women entered, the law resisted. Judges would not hire women. Law firms asserted a right to discriminate against women. Judges permitted discrimination against pregnant women. Courts viewed sexual harassment as, one judge said, "a game played by the male superiors." Against the odds, women fought to reshape the law. Fred Strebeigh has interviewed litigators, plaintiffs, and judges, including Ruth Bader Ginsburg and Catharine MacKinnon, and has done research in their private archives as well as those of other attorneys who took cases to the Supreme Court to make the law equal and just for all.
From classic ideas in game theory such as the “Prisoner’s Dilemma” and the “Stag Hunt” to psychological principles such as hindsight bias and framing effects, from ideas in jurisprudence such as the slippery slope to more than two dozen other such principles, Farnsworth’s guide leads readers through the fascinating world of legal thought. Each chapter introduces a single tool and shows how it can be used to solve different types of problems. The explanations are written in clear, lively language and illustrated with a wide range of examples.
The Legal Analyst is an indispensable user’s manual for law students, experienced practitioners seeking a one-stop guide to legal principles, or anyone else with an interest in the law.
In Justice for All, Jim Newton, an award-winning journalist for the Los Angeles Times, brings readers the first truly comprehensive consideration of Earl Warren, the politician-turned-Chief Justice who refashioned the place of the court in American life through landmark Supreme Court cases whose names have entered the common parlance -- Brown v. Board of Education, Griswold v. Connecticut, Miranda v. Arizona, to name just a few. Drawing on unmatched access to government, academic, and private documents pertaining to Warren's life and career, Newton explores a fascinating angle of U.S. Supreme Court history while illuminating both the public and the private Warren.
Early America is known for its harsh treatment of young people, most notably, the stubborn child laws, which authorized use of the death penalty for children who defied their parents. Yet, even then, many people held more nurturing attitudes toward youth. Thus originated the mixed messages in the U.S. regarding juvenile delinquency and the hodgepodge of approaches that follow. The establishment of the juvenile justice system, founded on the concept of parens patriae, or the state as parent, would seem to have settled the debate over how juvenile offenders should be treated. In reality, however, there remains much controversy over how best to handle juvenile offenders, especially those who commit the most serious offenses. While some still maintain juveniles are developmentally different and should be treated in ways consistent with these differences, others are dismayed at what they feel to be a system that is too lenient and that leads to higher juvenile crime rates and more serious offenses.
With the advent of three strikes laws, curfew laws, boot camps, and referring juveniles to adult courts, and subsequently assigning them to adult prisons, many question just how we got to this place in juvenile justice. Here, Finley offers the history behind the controversial goals and development of the juvenile justice system, providing detailed descriptions of the major trends in juvenile justice. Addressing the most current aspects of the controversy, she also sheds light on issues of race, social class, and gender. Offering recommendations for addressing the weaknesses and confusion in the system, Finley offers a unique and compelling perspective on controversial subject.
This book offers the first comprehensive introduction in either English or Spanish to private law in Spanish Latin America from the colonial period to the present. M. C. Mirow organizes the book into three substantial sections that describe private law and legal institutions in the colonial period, the independence era and nineteenth century, and the twentieth century. Each section begins with an introduction to the nature and function of private law during the period and discusses such topics as legal education and lawyers, legal sources, courts, land, inheritance, commercial law, family law, and personal status. Each section also presents themes of special interest during its respective time period, including slavery, Indian status, codification, land reform, and development and globalization.
Simpson Agonistes revisits the Brentwood murders and their aftermath from two opposite perspectives. One is a modern, fact-based reinterpretation of pieces of the key evidence—the uncut left-hand glove and the thumps on Kato Kaelin’s guesthouse wall—that have never been satisfactorily explained. The other perspective discusses what Herodotus would have had to say about this case as Metcalfe begins a study in nemesis or retributive justice.
He applies both methodologies to an analysis of what went wrong that fatal night to spoil an almost perfect crime, as well as changes to Simpson’s story since. Simpson Agonistes presents a scenario that often reads like a tragedy or psychodrama, complete with a catharsis at its close.
Writings on the subject of Holocaust reparations have largely come from participants, lawyers, philosophers, journalists, and social scientists specializing in restitution. In Some Measure of Justice Michael Marrus takes up the issue as a historian deeply involved with legal issues. He engages with larger questions about historical understanding and historical interpretation as they enter the legal arena. Ultimately this book asks, What constitutes justice for a great historic wrong? And, Is such justice possible? Winner, Helen and Stan Vine Canadian Jewish Book Award for Holocaust Literature
Edwin R.A. Seligman [1861-1939] was an eminent economist and authority on tax issues. He was admitted to the New York State bar in 1884 and in the same year received an appointment as lecturer in the political science department at Columbia University, where he later became a professor of political economy and finance. Seligman was a cofounder of the American Economic Association, serving as Its president from 1902-1904, and was later president of the National Tax Association (1913-1915). He served as an adviser to New York State and New York City tax commissions and acted as consultant to the League of Nations (1922-1923) and the government of Cuba in 1931. He was the editor in chief of the Encyclopedia of the Social Sciences and editor of the Columbia University series Studies in History, Economics and Public Law. He was the author of numerous titles on taxation and economics including The Shifting and Incidence of Taxation (1892; 3rd ed., 1910), Progressive Taxation in Theory and Practice (1894; 2nd ed. 1908), Economic Interpretation of History (1902; 2nd ed. 1907), Principles of Economics (1907), Studies in Public Finance (1925) and Essays in Economics (1925).
"Professor Seligman's advocacy of the income tax in the various papers which were incorporated in [this book] was an important factor in educating the American public to the point where the passage of the Sixteenth Amendment and of the law of 1913 was possible."
--5 Columbia Law Review (1915) 292
Overall, the Supreme Court has become increasingly assertive in reviewing congressional power to regulate in areas that fall within the historical province of the states. This work engenders an appreciation for how constitutional power, rights, and liberties are not a constant over time but works in progress that are subject to the ebb and flow of judicial philosophy. Written for a general audience and particularly accessible for non-law school students and non-lawyers, fact and summary boxes provide quick insight and understanding of cases. Entries include Craig v. Boren (1976), Illinois v. Gates (1983), Immigration and Naturalization Service v. Chadha (1983), Reno v. American Civil Liberties Union (1992), United States v. Virginia (1996), Grutter v. Bollinger (2003), Lawrence v. Texas (2003), Hamdi v. Rumsfeld (2004), and many others. In addition, a glossary defines key terms.
The entry on each landmark law consists of the following sections: a discussion of the intent and purpose of the legislation; a summary of the substance of the law, including an explanation of difficult-to-understand terms and concepts; an examination of the politics and legislative history of the act; a summary of the impact of the law; the actual text of key passages of the law. The laws are organized chronologically. An introductory overview of the federal government's role in education, followed by a detailed timeline of milestones in the history of U.S. education, places the topic in historical context.
The nonunanimous jury-verdict law originally allowed a guilty verdict with only nine juror votes, funneling many of those convicted into the state's burgeoning convict lease system. Yet the law remained on the books well after convict leasing ended. Historian Thomas Aiello describes the origins of the statute in Bourbon Louisiana-a period when white Democrats sought to redeem their state after Reconstruction-its survival through the civil rights era of the 1950s and 1960s, and the Supreme Court's decision in Johnson v. Louisiana (1972), which narrowly validated the state's criminal conviction policy.
Spanning over a hundred years of Louisiana law and history, Jim Crow's Last Stand investigates the ways in which legal policies and patterns of incarceration contribute to a new form of racial inequality.
Editors Roger Billings and Frank J. Williams, along with a notable list of contributors, examine Lincoln's career as a general-practice attorney, looking both at his work in Illinois and at the time he spent in Washington. Each chapter offers an expansive look at Lincoln's legal mind and covers diverse topics such as Lincoln's legal writing, ethics, the Constitution, and international law. Abraham Lincoln, Esq. emphasizes this often overlooked period in Lincoln's career and sheds light on Lincoln's life before he became our sixteenth president.
• Article, “The (Non)Finality of Supreme Court Opinions,” by Richard J. Lazarus
• Book Review, “The Laws of Capitalism,” by David Singh Grewal
• Note, “Citizens United at Work: How the Landmark Decision Legalized Political Coercion in the Workplace”
• Note, “Data Mining, Dog Sniffs, and the Fourth Amendment”
• Note, “Nonbinding Bondage”
The issue includes In Memoriam contributions about the life, scholarship, and teaching of John H. Mansfield. The contributors are Anthony D'Amato, Robert W. Gordon, Martha Minow, Frederick Schauer, and James A. Sonne.
In addition, the issue features student commentary on Recent Cases and policy papers, including such subjects as internet law and privacy, Fourth Amendment right to deletion, state action and credit card fees, antitrust law and foreign trade, applicability of Seventh Amendment to states and commonwealths, free speech and tour guide licensing in D.C., labor law and sexual harassment claims, and gender crimes in international criminal law. Finally, the issue includes several summaries of Recent Publications.
The Harvard Law Review is a student-run organization whose primary purpose is to publish a journal of legal scholarship. The Review comes out monthly from November through June. The organization is formally independent of the Harvard Law School. Student editors make all editorial and organizational decisions. This issue of the Review is December 2014, the second issue of academic year 2014-2015 (Volume 128).
For decades, Pulitzer Prize-winner James MacGregor Burns has been one of the great masters of the study of power and leadership in America. In Packing the Court, he turns his eye to the U.S. Supreme Court, an institution that he believes has become more powerful, and more partisan, than the founding fathers ever intended. In a compelling and provocative narrative, Burns reveals how the Supreme Court has served as a reactionary force in American politics at critical moments throughout the nation's history, and concludes with a bold proposal to rein in the court's power.