Legal History

Will abortion be legal? Should people of the same sex be allowed to marry? May colleges prefer black applicants over white ones? These are among the most bitterly contested issues in the United States today. We answer these questions, and many more, by presenting them to nine lawyers—the justices of the Supreme Court of the United States. No other nation commits so many important questions to its highest court. Stuart Banner's The Most Powerful Court in the World is an authoritative history of the United States Supreme Court from the Founding era to the present.

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. 

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.

This is the story of how, in Titanic's loss, 1500 souls were sacrificed to the "settled science" and "scientific consensus" of marine engineering. It is also the story of how the US and British loss enquiries were shaped by party politics, corrupted by corrupt politicians and the Marconi Scandal, tainted by the politics of Irish Home Rule, and - finally - salvaged by Oliver Wendell Holmes and the US Supreme Court, and by Lord Mersey's judgement in the Board of Trade Enquiry and the subsequent International Convention for the Safety of Life at Sea.

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. 

For many years, Britain tried to impose its own laws on the peoples it conquered, and English common law usually followed the Union Jack. But the common law became less common after Britain emerged from the Seven Years' War as the world's most powerful empire. At that point, imperial policymakers adopted a strategy of legal pluralism: some colonies remained under English law, while others retained much of their previous legal regimes.

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. 

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.

Right in the middle of the German constitution, a group of ordinary citizens discovers a forgotten clause that allows them to take 240,000 homes back from multi-billion corporations. In this work of creative non-fiction, scholar-activist and Nine Dots Prize winner Joanna Kusiak tells the story of a grassroots movement that convinced a million Berliners to pop the speculative housing bubble. She offers a vision of urban housing as democratically held commons, legally managed by a radically new institutional model that works through democratic conflicts.

In the UK, we have some bizarre laws that have littered the statute books of our sceptred isle throughout history. Not all of them have been repealed over the centuries. Some of them made perfect sense at the time they were introduced but seen through modern eyes, now appear archaic and draconian.

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.

Discover the big ideas behind more than 90 of history's most important legal rulings and milestone laws - from the earliest civilizations to the 21st century. Using the Big Ideas series' trademark combination of authoritative, informative text, The Law Book makes each entry accessible and easy to understand. Packed with inspirational quotations and more, it offers essential listening for anyone with a professional or personal interest in law, the legal system or history and social change.

Have you ever heard a bizarre law and thought, that can’t possibly be true? Is it genuine? Was it ever in existence or just an urban myth that became so embellished over time? There are surprisingly, a great many laws still in existence on the statute books today, that would make your jaw drop. Whilst bizarre as these laws may now seem to us, it begs the question, are we in fact unknowingly breaking these laws on a regular basis?

Distinguished New York attorney James D. Zirin presents Trump's lengthy litigation history as an indication of his character and morality, and his findings are chilling: if you partner with Donald Trump, you will probably wind up litigating with him. If you enroll in his university or buy one of his apartments, chances are you will want your money back. If you are a woman and you get too close to him, you may need to watch your back. If you make a deal with him, you had better get it in writing. If you are a lawyer, an architect, or even his dentist, you'd better get paid up front.

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.

In the UK, we have some bizarre laws that have littered the statute books of our sceptred isle throughout history. Not all of them have been repealed over the centuries. Some of them made perfect sense at the time they were introduced but seen through modern eyes, now appear archaic and draconian. Despite the great efforts of the Law Commission in England and Wales to review and recommend reforms for many of these outdated laws, there are centuries of law that must be painstakingly gone through.

In today's world, we are surrounded by various forms of visual media, such as photo albums, pictures, and videos capturing memories of our loved ones, including children, grandchildren, and friends, that we love to share with others. Similarly, if my beloved heavenly Father had left a photo of His son, Jesus, and His suffering, whom He loved, I would want to see and know everything about it and share it with others.

In the past few years, liberals concerned about the prospect of long-term conservative dominance of the federal courts have revived an idea that crashed and burned in the 1930s: court packing. Today's court packing advocates have run into a wall of opposition, with most citing the 1930s episode as one FDR's greatest failures. In early 1937, Roosevelt—fresh off a landslide victory—stunned the country when he proposed a plan to expand the size of the court by up to six justices.

Our trial courts conduct hardly any trials, our correctional systems do not correct, and the rise of mandated arbitration has ushered in a shadowy system of privatized "justice". Meanwhile, our legislators can't even follow their own rules for making rules while the rule of law mutates into a perpetual state of emergency. The legal system is becoming an incomprehensible farce. How did this happen? In The Nonsense Factory, Bruce Cannon Gibney shows that over the past 70 years, the legal system has dangerously confused quantity with quality and might with legitimacy.