United States Law

Few American institutions have inflicted greater suffering on ordinary people than the Supreme Court of the United States. Since its inception the justices of the Supreme Court have shaped a nation where children toiled in coal mines, where Americans could be forced into camps because of their race, and where a woman could be sterilized against her will by state law.

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 19th 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.

Professor N. Bruce Duthu, J.D., is an internationally recognized scholar on Native American issues. In American Indians and the Law, he highlights the major events, the differing principles, and the evolving perspectives that have governed relations among the Indian tribes, the federal government, and the states.

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.

Following the Civil War, the Reconstruction era raised a new question to those in power in the US: Should African Americans, so many of them former slaves, be granted the right to vote? In this vivid portrait of the systematic suppression of the African-American vote, critically acclaimed author Lawrence Goldstone traces the injustices of the post-Reconstruction era through the eyes of incredible individuals, both heroic and barbaric, and examines the legal cases that made the Supreme Court a partner of white supremacists in the rise of Jim Crow.

The contemporary lore surrounding the 1879 Alford-White affray--that occurred in Tarrant County, Texas--has celebrated George H. White as a forgotten Fort Worth peace officer killed in the line of duty by horse thieves and desperados. This sensationalized narrative, based on the yellow journalism of the day, has been glamorized in books, has been written about in magazine articles, and has been honored on national and local memorials. Nevertheless, 20 years of research has revealed a different insight.

A stunning revision of our founding document’s evolving history that forces us to confront anew the question that animated the founders so long ago: What is our Constitution? Americans widely believe that the United States Constitution was created when it was drafted in 1787 and ratified in 1788. But in a shrewd rereading of the founding era, Jonathan Gienapp upends this long-held assumption, recovering the unknown story of American constitutional creation in the decade after its adoption.

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.

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.

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.

One of the most significant documents in American history, The Declaration of Independence was authored by Thomas Jefferson and ratified on July 4, 1776. This iconic text announced the American colonies’ separation from British rule and laid the foundation for the principles of freedom and democracy that continue to inspire people worldwide.

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.

An elderly woman dies at the bottom of a stairway, and Betty is accused as her killer. Convinced that his sister isn't capable of such a crime, psychiatrist Seth enlists his friend Ann Lee, an amateur detective, and her partner to help clear her name. Never in their decade-long career have Ann and Fang Chen had to defend a client who already has airtight evidence and an eyewitness against her. As they try to separate the assumptions from the truth, every lead appears to be a dead end, and Betty Foreman seems to be guilty as accused.

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.

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.

Buying the Vote analyzes the rise and decline of campaign finance reform by tracking the evolution of both the ways in which presidential campaigns have been funded since the late nineteenth century. Through close examinations of major Supreme Court decisions, Mutch shows how the Court has fashioned a new and profoundly inegalitarian definition of American democracy.