State Laws

Since the Supreme Court's 1984 decision in Chevron v. Natural Resources Defense Council, this judicial review has been highly deferential: courts must uphold agency interpretations of unclear laws as long as these interpretations are "reasonable." But the Chevron doctrine faces backlash from constitutional scholars and, now, from Supreme Court justices who insist that courts, not administrative agencies, have the authority to say what the law is. Recognizing that Congress cannot help relying on agencies to carry out laws, Merrill rejects the notion of discarding the administrative state.

In a fascinating blend of biography and history, Joseph Tartakovsky tells the epic and unexpected story of our Constitution through the eyes of 10 extraordinary individuals - some renowned, like Alexander Hamilton and Woodrow Wilson, and some forgotten, like James Wilson and Ida B. Wells-Barnett. Tartakovsky brings to life their struggles over our supreme law from its origins in revolutionary America to the era of Obama and Trump. Tartakovsky shows how America’s unique constitutional culture grapples with questions like democracy, free speech, and the role of government.

In 1950, Fairfax County, Virginia, was 90 percent white, 10 percent African American, with a little more than 100 families who were "other". Currently the African American percentage of the population is about the same, but the Anglo white population is less than 50 percent, and there are families of Asian, African, Middle Eastern, and Latin American origin living all over the county. A Nation of Nations follows the lives of a few immigrants to Fairfax County over recent decades as they gradually "Americanize".

Stan Moody's meticulous examination of the Brandon Drewry case serves as a stark reminder of the disparities in our criminal justice system. Through Drewry's story, Moody unveils the systemic failures that lead to unjust convictions and disproportionately harsh sentences. Joshua D'Alessio, MHA LADC CCS, Executive Director, Health Equity Alliance A poignant, in-depth study of an individual's struggle for justice. Should be required reading for judges, attorneys, and students of the law.

An audacious US Supreme Court is overturning a number of long-standing precedents, and Overturned offers a lively account of the court's history of overturning prior cases and examples and analyses of 300 cases overruled in its history.

Rot and Revival is one of the first scholarly works to comprehensively theorize and document how politics make American constitutional law and how the courts affect the path of partisan politics. Rejecting the idea that the Constitution's significance and interpretation can be divorced from contemporary political realities, Anthony Michael Kreis explains how American constitutional law reflects the ideological commitments of dominant political coalitions, the consequences of major public policy choices, and the influences of intervening social movements.

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.

The life story of the most controversial, volatile, misunderstood provision of the Bill of Rights. At a time of increasing gun violence in America, Waldman's book provoked a wide range of discussion. This book looks at history to provide some surprising, illuminating answers. The Amendment was written to calm public fear that the new national government would crush the state militias made up of all (white) adult men - who were required to own a gun to serve. Waldman recounts the raucous public debate that has surrounded the amendment from its inception to the present.

Caliph Washington's life was never supposed to matter. As a Black teenager from the vice-ridden city of Bessemer, Alabama, Washington was wrongfully convicted of killing an Alabama policeman in 1957. Sentenced to death, he came within minutes of the electric chair - nearly a dozen times. A Kafka-esque legal odyssey in which Washington's original conviction was overturned three times before he was finally released in 1972, his story is the kind that pervades the history of American justice.

In February 1971, racial tension surrounding school desegregation in Wilmington, North Carolina, culminated in four days of violence and skirmishes between white vigilantes and black residents. The turmoil resulted in two deaths, six injuries, more than $500,000 in damage, and the firebombing of a white-owned store before the National Guard restored uneasy peace. Despite glaring irregularities in the subsequent trial, 10 young persons were convicted of arson and conspiracy and then sentenced to a total of 282 years in prison.

One promise of democracy is the right of every citizen to vote. And yet, from our founding, strong political forces were determined to limit that right. The Supreme Court, Alexander Hamilton wrote, would protect the weak against this very sort of tyranny. Still, as On Account of Race forcefully demonstrates, through the better part of American history the Court has instead been a protector of white rule. And complex threats against the right to vote persist even today.

Religious traditions in the United States are characterized by ongoing tension between assimilation to the broader culture and defiant rejection of cultural incursions. However, legal theorist and Catholic theologian Cathleen Kaveny contends there is a third possibility - a culture of engagement - that accommodates and respects tradition. It also recognizes the need to interact with culture to remain relevant and to offer critiques of social, political, legal, and economic practices.

If your office building were on fire, would you lock the door and keep working? If you were unhappy with your career, would you pedal a rental commuter bike cross-country to see what else was out there? What if a bloodthirsty axe murderer punched you in the face? Is that the city where you’d start a new business? Jeffrey Tanenhaus makes a lot of questionable decisions in pursuit of a fresh start, but they add up to one wild ride in this true story of the all-American adventure that has everyone talking.

E Pluribus Unum highlights the political context in which the common law developed, and how it influenced the United States Constitution. In practice, the triumph of the common law over competing approaches gave lawyers more authority than governing officials. By the end of the 18th century, many colonial legal professionals began to espouse constitutional ideology that would mature into the doctrine of judicial review.

In this landmark work, Kaplan describes her strategy in the lower courts and her preparation and rehearsals before moot courts, and she shares insights into the dramatic oral argument before the Supreme Court justices. Then Comes Marriage is the story of the relationship behind the watershed case, Kaplan's own difficult coming-out journey, and the fascinating unfolding of United States v. Windsor.

For most of the 20th century, the American founding has been presented as a struggle between social classes over issues arising primarily within, rather than outside, the United States. But in recent years, new scholarship has instead turned to the international history of the American union to interpret both the causes and the consequences of the US Constitution. Max M. Edling argues that the Constitution was created to defend US territorial integrity and the national interest from competitors in the western borderlands and on the Atlantic Ocean.

Most Americans know Andrew Jackson as a frontier rebel against political and diplomatic norms, a "populist" champion of ordinary people against the elitist legacy of the Founding Fathers. Many date the onset of American democracy to his 1829 inauguration. Despite his reverence for the "sovereign people", however, Jackson spent much of his career limiting that sovereignty, imposing new and often unpopular legal regimes over American lands and markets.

In his meteoric, 13-year rise to fame, Dr. Martin Luther King Jr. led a mass movement for civil rights - with his relentless peaceful, non-violent protests, public demonstrations, and eloquent speeches. But as violent threats cast a dark shadow over Dr. King's life, Swanson hones in on James Earl Ray, a bizarre, racist prison escapee who tragically ends King's life.

"Boys, let us get up a club." Six restless young men raided the linens at a friend's mansion, pulled pillowcases over their heads, hopped on horses, and cavorted through the streets of Pulaski, Tennessee. The six friends named their club the Ku Klux Klan, and, all too quickly, their club grew into the self-proclaimed Invisible Empire with secret dens spread across the South. This is the story of how a secret terrorist group took root in America's democracy.

The little-known and under-studied 1807 Insurrection Act was passed to give the president the ability to deploy federal military forces to fend off lawlessness and rebellion, but it soon became much more than the sum of its parts. Its power is integrally linked to the perceived threat of Black American equity in what lawyer and critic Hawa Allan demonstrates is a dangerous paradox. While the act was initially used to repress rebellion against slavery, during Reconstruction it was invoked by President Grant to quell white-supremacist uprisings in the South.