Legal History

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.

Holmes twice escaped death as a young Union officer in the Civil War when musket balls barely missed his heart and spinal cord. He lived ever after with unwavering moral courage, scorn for dogma, and an insatiable intellectual curiosity. Named to the Supreme Court by Theodore Roosevelt at age 61, he served for nearly three decades, writing a series of famous, eloquent, and often dissenting opinions that would prove prophetic in securing freedom of speech, protecting the rights of criminal defendants, and ending the Court's reactionary resistance to social and economic reforms.

Law has played a central role in American history. From colonial times to the present, law has not just reflected the changing society in which legal decisions have been made - it has played a powerful role in shaping that society, though not always in positive ways. Eminent legal scholar G. Edward White offers a compact overview that sheds light on the impact of law on a number of key social issues.

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.

In the town of Ada, Oklahoma, Ron Williamson was going to be the next Mickey Mantle. But on his way to the Big Leagues, Ron stumbled, his dreams broken by drinking, drugs, and women. Then, on a winter night in 1982, not far from Ron’s home, a young cocktail waitress named Debra Sue Carter was savagely murdered. The investigation led nowhere. Until, on the flimsiest evidence, it led to Ron Williamson. The washed-up small-town hero was charged, tried, and sentenced to death - in a trial littered with lying witnesses and tainted evidence....

In The End of Power, award-winning columnist and former Foreign Policy editor Moisés Naím illuminates the struggle between once-dominant megaplayers and the new micropowers challenging them in every field of human endeavor. Drawing on provocative, original research and a lifetime of experience in global affairs, Naím explains how the end of power is reconfiguring our world.

At the same time that the Civil Rights Movement brought increasing opportunities for blacks, the United States liberalized its immigration policy. While the broadening of the United States's borders to non-European immigrants fits with a black political agenda of social justice, recent waves of immigration have presented a dilemma for blacks, prompting ambivalent or even negative attitudes toward migrants. What has an expanded immigration regime meant for how blacks express national attachment?

Americans are deeply divided over the Second Amendment. Some passionately assert that the Amendment protects an individual's right to own guns. Others, that it does no more than protect the right of states to maintain militias. Now, in the first and only comprehensive history of this bitter controversy, Saul Cornell proves conclusively that both sides are wrong. Cornell, a leading constitutional historian, shows that the Founders understood the right to bear arms as neither an individual nor a collective right, but as a civic right.

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.

Historian Orville Vernon Burton and civil rights lawyer Armand Derfner shine a powerful light on the Court's race record - a legacy at times uplifting, but more often distressing and sometimes disgraceful. For nearly a century, the Court ensured that the 19th-century Reconstruction Amendments would not truly free and enfranchise African Americans. And the 21st century has seen a steady erosion of commitments to enforcing hard-won rights.

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.

Mission at Nuremberg is Tim Townsend's gripping story of the American Army chaplain sent to save the souls of the Nazis incarcerated at Nuremberg, a compelling and thought-provoking tale that raises questions of faith, guilt, morality, vengeance, forgiveness, salvation, and the essence of humanity.

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.

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.

On a moonless night in the summer of 1793 a crime was committed in the back room of a New York brothel—the kind of crime that even victims usually kept secret. Instead, seventeen-year-old seamstress Lanah Sawyer did what virtually no one in US history had done before: she charged a gentleman with rape. Her accusation sparked a raw courtroom drama and a relentless struggle for vindication that threatened both Lanah’s and her assailant’s lives.

British special agent Jeremiah Black, an officer of the King’s Guard, lands on a lonely beach in the wee hours of the morning in late November 1780. The revolution is in full swing but has become deadlocked. Black is here to change all that. His mission, aided by Loyalists, is to kidnap George Washington and spirit him back to London aboard the HMS Peregrine, a British sloop of war that is waiting closely offshore. Once he lands, though, the “aid by Loyalists” proves problematic because some would prefer just to kill the general outright.

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.

Taking the Dred Scott case of 1857 as his shocking center, Judge Andrew P. Napolitano tells the story of how it happened and, through it, builds a damning case against American statesmen from Lincoln to Wilson, from FDR to JFK.

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.

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.