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Constitutional originalism stakes law to history. The theory's core tenet—that the United States Constitution should be interpreted according to its original meaning—has us decide questions of modern constitutional law by consulting the distant constitutional past. Yet originalist engagement with history is often deeply problematic. In this comprehensive and novel critique of originalism, Jonathan Gienapp targets originalists' unspoken assumptions about the Constitution and its history.

NATIONAL BESTSELLER “Brenda Wineapple’s wonderful account of the Scopes trial sheds light not only on the battles of the past but on the struggles of the present.”—Jon Meacham “History at its most delicious.”—The New York Times Book Review (front page review, Editors’ Choice)...

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.

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.

The Supreme Court and the Philosopher illustrates how the modern US Supreme Court has increasingly adopted a view of the constitutional right to the freedom of expression that is classically liberal in nature, reflecting John Stuart Mill's reasoning in On Liberty. A landmark treatise outlining the merits of limiting governmental and social power over the individual, On Liberty advocates for a maximum protection of human freedom.

Fights over history are at the heart of most important constitutional disputes in America. The Supreme Court's current embrace of originalism is only the most recent example of how lawyers and judges try to use history to establish authority for their positions. Jack M. Balkin argues that fights over constitutional interpretation are often fights over collective memory. Balkin shows how lawyers and judges channel history through standard forms of legal argument that shape how they use history and even what they see in history.

New Deal Law and Order follows President Franklin Roosevelt, Attorney General Homer Cummings, and their war on crime coalition, which overcame the institutional and political challenges to the legitimacy of national law enforcement. Promises of law and order helped to manage tensions among key Democratic Party factions—organized labor, Black Americans, and white Southerners. Their anticrime program, featuring a strengthened criminal code, an empowered FBI, and the first federal war on marijuana, was essential to the expansion of national authority previously stymied on constitutional grounds.

In this book, author Orde Kittrie draws on his experiences as a lawfare practitioner, US State Department attorney, and international law scholar in analyzing the theory and practice of lawfare. Kittrie explains how factors including the increased reach of international laws and tribunals and the rise of economic globalization and information technology have fueled lawfare's increasing power and prevalence.

A rallying cry for a more just approach to the law that bolsters social justice movements by throwing out originalism—the theory that judges should interpret the Constitution exactly as conservatives say the Founders meant it “The greatest trick conservatives ever pulled was convincing the...

John Montgomery analyzes and critiques "deconstructionism" in the field of law, and examines sometimes hilarious examples of lawyers' reasoning.

An appreciation of the “greatest common law jurist of the 20th Century,” these two lectures also include a comparison and contrast of the Parliamentary system of Commonwealth countries within which Lord Denning operated and American Constitutionalism.

A fierce and galvanizing reminder that resistance is everywhere in the fight for abortion and reproductive justice in the United States. Fighting Mad is a book about what "reproductive justice" means and what it looks like to fight for it. Editors Krystale E. Littlejohn and Rickie Solinger bring together many of the strongest, most resistant voices in the country to describe the impacts of the Supreme Court's Dobbs decision on abortion access and care.

Copyright is everywhere. Your smartphone incorporates thousands of items of intellectual property. Someone owns the reproduction rights to photographs of your dining table. At this very moment, battles are raging over copyright in the output of artificial intelligence programs. Not only books but wallpaper, computer programs, pop songs, cartoon characters, snapshots, and cuddly toys are now deemed to be intellectual properties—making copyright a labyrinthine construction of laws with colorful and often baffling rationales covering almost all products of human creativity.

Beware Euphoria uncovers the roots of America's moral obsession with drug regulation, offering a lively and fascinating history of the nation's racialized fear of intoxication. Challenging the idea that early anti-drug laws in the United States arose from racial animus, George Fisher instead shows in textured detail how United States drug laws were driven by a deep-seated cultural taboo against euphoria and a preoccupation with white moral integrity.

An urgent and gripping look at the erosion of voting rights and its implications for democracy, told through the stories of 9 Supreme Court decisions—and the next looming case In The Court v. The Voters, law professor Joshua Douglas takes us behind the scenes of significant cases in voting...

In this insider's look at one of the 20th century's most infamous trials, ex-juror Tracy Kennedy discloses what life was like for himself and his wife in the days leading up to the O.J. Simpson trial, and how it subsequently differed so much from their expectations. Kennedy reveals what happened during the trial and sequestration, a sequestration that turned the lives of a normal, married couple into an emotional hell.

This book is the definitive work showing the central place of AR-15s and other semiautomatic rifles in the American story. From the founding to the present, rifles and other firearms have played a pivotal role in American history. The story of America’s rifle is largely the story of American history.

In Demand the Impossible, Robert L. Tsai traces lawyer Stephen Bright's remarkable career to explore the legal ideas that were central to his relentless pursuit of equal justice. For nearly forty years, Bright led the Southern Center for Human Rights, a nonprofit that provided legal aid to incarcerated people and worked to improve conditions within the justice system. He argued four capital cases before the US Supreme Court—and won each one, despite facing an increasingly hostile bench.

After spending almost 20 years in city courtrooms reporting for the ABC on some of the country’s highest profile cases, in The Outback Court Reporter, Jamelle Wells takes you into our country courtrooms, from the grand sandstone edifices of Cobar and Grafton to the repurposed community halls and police stations in outback Queensland and the Northern Territory – introducing you to the court staff, the witnesses and the accused, in cases that shock, captivate and divide communities.

This book is essential listening to bring forward the lessons from our past. A bold and unique collaboration between legal experts Michelle le Roux and Dennis Davis, it explores a series of landmark cases that came to define South Africa’s legal and political landscape. It examines how the law has been used and abused. Defining cases litigated in the apartheid past, in the constitutional era and right up to the recent days of state capture are examined.