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Plessy V. Ferguson
A concise readable summary and guide to Plessy v. Ferguson (1896), one of the Supreme Court's most famous and controversial decisions--one that offered legal cover for the practice of segregation for nearly six decades.
The Caning of Charles Sumner
A signal, violent event in the history of the United States Congress, the caning of Charles Sumner on the Senate floor embodied the complex North-South cultural divide of the mid-nineteenth century. Williamjames Hull Hoffer's vivid account of the brutal act demonstrates just how far the sections had drifted apart and explains why the coming war was so difficult to avoid. Sumner, a noted abolitionist and gifted speaker, was seated at his Senate desk on May 22, 1856, when Democratic Congressman Preston S. Brooks approached, pulled out a gutta-percha walking stick, and struck him on the head. Brooks continued to beat the stunned Sumner, forcing him to the ground and repeatedly striking him even...
The Federal Courts
There are moments in American history when all eyes are focused on a federal court: when its bench speaks for millions of Americans, and when its decision changes the course of history. More often, the story of the federal judiciary is simply a tale of hard work: of finding order in the chaotic system of state and federal law, local custom, and contentious lawyering. The Federal Courts is a story of all of these courts and the judges and justices who served on them, of the case law they made, and of the acts of Congress and the administrative organs that shaped the courts. But, even more importantly, this is a story of the courts' development and their vital part in America's history. Peter ...
The Supreme Court
For more than two centuries, the U.S. Supreme Court has provided a battleground for nearly every controversial issue in our nation’s history. Now a veteran team of talented historians—including the editors of the acclaimed Landmark Law Cases and American Society series—have updated the most readable, astute single-volume history of this venerated institution with a new chapter on the Roberts Court. The Supreme Court chronicles an institution that dramatically evolved from six men meeting in borrowed quarters to the most closely watched tribunal in the world. Underscoring the close connection between law and politics, the authors highlight essential issues, cases, and decisions within t...
The Abortion Rights Controversy in America
Beginning with the introduction of abortion law in the nineteenth century, this reader includes important documents from nearly two hundred years of debate over abortion. These legal briefs, oral arguments, court opinions, newspaper reports, opinion pieces, and contemporary essays are introduced with headnotes that place them in historical context. Chapters cover the birth control movement, changes in abortion law in the 1960s, Roe v. Wade, the Hyde Amendment and the Freedom of Access to Clinic Entrances Act, state and federal regulation of abortion practices, and the freedom of speech cases surrounding anti-abortion clinic protests. The first section of each chapter sets the stage and explains the choice of documents. This rich, balanced collection is an indispensable reference tool for the study of one of the most passionate debates in American history. It brings together the writings of doctors, lawyers, scientists, philosophers, elected officials, judges, and scholars as few other legal readers do, and it is essential reading for those engaged in the ongoing debate about abortion law in the United States.
My Lai
Allison tells the story of a terrible moment in American history and explores how to deal with the aftermath. On March 16, 1968, American soldiers killed as many as five hundred Vietnamese men, women, and children in a village near the South China Sea. In My Lai William Thomas Allison explores and evaluates the significance of this horrific event. How could such a thing have happened? Who (or what) should be held accountable? How do we remember this atrocity and try to apply its lessons, if any? My Lai has fixed the attention of Americans of various political stripes for more than forty years. The breadth of writing on the massacre, from news reports to scholarly accounts, highlights the dif...
Origins of Order
An examination of how two fundamental concepts of order influence our ideas about sovereignty, citizenship, law, and history Western accounts of natural and political order have deployed two basic ideas: project and system. In a project, order is produced by the intentional act of a subject; in a system, order is immanent in the world. In the former, order is made; in the latter, discovered. Paul W. Kahn shows how project and system have long been at work in our theological and philosophical tradition. Against this background, Kahn explains the development of the modern legal imagination in the nineteenth century as a movement from project to system. Americans began the century imagining the constitutional order as their common project: a deliberate construction of We the People. They ended the century imagining that order is continuous with the common law: an immanent development of the principles of civilization. This imaginative shift affected ideas of legal text, sovereignty, citizenship, interpretation, history, and science.
The Alien and Sedition Acts of 1798
What happens to democracy when dissent is treated as treason? In May 1798, after Congress released the XYZ Affair dispatches to the public, a raucous crowd took to the streets of Philadelphia. Some gathered to pledge their support for the government of President John Adams, others to express their disdain for his policies. Violence, both physical and political, threatened the safety of the city and the Union itself. To combat the chaos and protect the nation from both external and internal threats, the Federalists swiftly enacted the Alien and Sedition Acts. Oppressive pieces of legislation aimed at separating so-called genuine patriots from objects of suspicion, these acts sought to restric...
The Making of Tocqueville's America
Alexis de Tocqueville famously said that Americans were "forever forming associations" and saw in this evidence of a new democratic sociability--though that seemed to be at odds with the distinctively American drive for individuality. Yet Kevin Butterfield sees these phenomena as tightly related: in joining groups, early Americans recognized not only the rights and responsibilities of citizenship but the efficacy of the law. A group, Butterfield says, isn't merely the people who join it; it's the mechanisms and conventions that allow it to function and, where necessary, to regulate itself and its members. Tocqueville, then, was wrong to see associations as the training grounds of democracy, where people learned to honor one another's voices and perspectives--rather, they were the training grounds for increasingly formal and legalistic relations among people. They were where Americans learned to treat one another impersonally.
Roe V. Wade
This up-to-date history of Roe v. Wade covers the complete social and legal context of the case that remains the touchstone for America's culture wars.
