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A portrait of Dred Scott.

The Importance of Teaching Dred Scott

By limiting discussion of the infamous Supreme Court decision, law-school professors risk minimizing the role of racism in American history.
by Jeannie Suk Gerson via The New Yorker on June 8, 2021
John Quincy Adams giving speech at U.S. House of Representatives
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Why a Culture War Over Critical Race Theory? Consider the Pro-Slavery Congressional "Gag Rule"

In 1836, the House passed a resolution that automatically tabled all petitions on slavery without a hearing.
by Frank Palmeri, Ted Wendelin via HNN on June 6, 2021
Toussaint Louverture proclaiming the Constitution of the Republic of Haiti

Contagious Constitutions

In her new book, Colley shows how written constitutions developed both as a way to further justify rulers and to turn rebellions into legitimate governments.
by Jenny Uglow via New York Review of Books on June 3, 2021
The Hawaii Supreme Court

The Surprising Honolulu Origins of the National Fight Over Same-Sex Marriage

A local gay rights activist launched a publicity stunt that became so much more. Congress couldn’t help but notice.
by Sasha Issenberg via Politico Magazine on May 31, 2021
Title page of a collection of the letters that debated Great Britain, inscribed to President John Adams.

Massachusettensis and Novanglus: The Last Great Debate Prior to the American Revolution

James M. Smith explains the last debates between Loyalists and Patriots prior to the official outbreak of the American Revolution.
by James M. Smith via Journal of the American Revolution on May 25, 2021
A red gun and blue gun pointing in opposite directions, with flags spelling "We"

Originalism, Divided

The theory has not provided the clarity some of its early proponents had hoped it would.
by Harry Litman via The Atlantic on May 25, 2021
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What is Critical Race Theory and Why Did Oklahoma Just Ban It?

The theory, drawing the ire of the right, can help us understand our past.
by Kathryn Schumaker via Made by History on May 19, 2021
An map of the U.S. in 1857

Lessons From the Civil Rights Struggle That Began Before the Civil War

The path to equality in the free Northern states was inconceivably steep. But in time, the movement maneuvered from the margins into mainstream politics.
by Kate Masur via Los Angeles Times on April 6, 2021
A walk-up customer at the door of a minister's marriage license booth in Elkton, Md. during the 1920-30s.

How Elkton Became the Marriage Capital of the East Coast

The story of one small Maryland town that became the Marriage Capital of the East Coast in the 20th century.
by Melissa August via Made By History on February 11, 2021
Wallpaper printed in support of the Constitutional Union Party’s presidential candidate, John Bell, in 1860.

A Constitution of Freedom

During the 1860 presidential election, political parties dueled over the intent of the framers.
by James Oakes via Lapham’s Quarterly on January 20, 2021
A noose hanging in front of the Capitol.

Why America Loves the Death Penalty

A new book frames this country’s tendency toward state-sanctioned murder as a unique cultural inheritance.
by Josephine Livingstone via The New Republic on January 11, 2021
Photo of an interracial couple

On California’s Eugenicist Past

Jane Dailey considers the power of the law to reinforce racism.
by Jane Dailey via Literary Hub on November 17, 2020

The Great Liberal Reckoning Has Begun

The death of Justice Ruth Bader Ginsburg concludes an era of faith in courts as partners in the fight for progress and equality.
by Alan Z. Rozenshtein via The Atlantic on September 22, 2020

The Class of RBG

The remarkable stories of the nine other women in the Harvard Law class of ’59—as told by them, their families, and a SCOTUS justice who remembers them all.
by Molly Olmstead, Dahlia Lithwick via Slate on July 21, 2020
Holes punched in the Constitution.

There’s No Historical Justification for One of the Most Dangerous Ideas in American Law

The Founders didn’t believe that broad delegations of legislative power violated the Constitution, but conservative originalists keep insisting otherwise.
by Julian Davis Mortenson, Nicholas Bagley via The Atlantic on May 26, 2020

Putting Women Back Where They Belong: In Federalism and the U.S. History Survey

Looking to the local level showcases how women claimed their rights in Early America.
by Laura F. Edwards via Muster on December 27, 2019

The Transformation of Elizabeth Warren

She faced sexism, split with a husband and found her voice teaching law in Houston.
by Holly Bailey via Washington Post on October 15, 2019
Panorama of the Iroquois Theater after the fire, 1903. Photograph by Henry Albert Ericson.

Fire!

A brief history of theater fires in New York City—and the regulations that helped people escape them.
by Olivia Rutigliano via Lapham’s Quarterly on October 7, 2019

The Contradictions of Oliver Wendell Holmes Jr.

The Supreme Court justice may have been heralded by many of his progressive peers, but the legacy he left behind is far more ambiguous.
by Brenda Wineapple via The Nation on August 13, 2019

Americans Shouldn’t Have to Drive, but the Law Insists on It

The automobile took over because the legal system helped squeeze out the alternatives.
by Gregory H. Shill via The Atlantic on July 9, 2019
Two people studying law books.

Repository of Historical Gun Laws

The Duke Center for Firearms Law's efforts to catalog the history of gun laws.
via Duke Center For Firearms Law on June 1, 2019
Hands waving US and pride flags during the National LGBT Anniversary Ceremony in front of Independence Hall in Philadelphia on July 4, 2015.
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How Eugenics Gave Rise To Modern Homophobia

The roots of anti-gay attitudes lay in white supremacy.
by Hugh Ryan via Made by History on May 28, 2019
1928 political cartoon of Republican hypocrisy for calling Democrats corrupt.

Interchange: Corruption Has a History

Seven scholars discuss the definition, nature, practice, and periodization of corruption in the United States.
by Mary Frances Berry, Paula Baker, Daniel Czitrom, Barbara Hahn, James Kloppenberg, Naomi Lamoreaux, David Witwer via Journal of American History on March 1, 2019

It Will Take More Than Congress to Cure America’s War Addiction

All that talk about "reclaiming" congressional war powers? Historically, Congress has applauded presidential wars.
by Gunar Olsen via The New Republic on February 6, 2019
1850s engraving of the Boston Massacre

Black Lives and the Boston Massacre

John Adams’s famous defense of the British may not be, as we’ve understood it, an expression of principle and the rule of law.
by Farah Peterson via The American Scholar on December 3, 2018
Lithograph of Thomas Jefferson

Hero or Villain, Both and Neither: Appraising Thomas Jefferson, 200 Years Later

A Pulitzer historian assesses what we are to make of UVA’s founder, 200 years hence.
by Alan Taylor via Virginia Magazine on November 20, 2018
Massachusetts State House

Civil Rights Without the Supreme Court

Losing the support of the Supreme Court is disappointing, but it need not be the death knell of progress.
by Millington Bergeson-Lockwood via We're History on November 7, 2018

Arthur Mervin, Bankrupt

An 18th-century novel explores how American society handles capitalism's collateral damage — and who deserves a second chance.
by Katherine Gaudet via Commonplace on January 1, 2018

What America Taught the Nazis

In the 1930s, the Germans were fascinated by the global leader in legal racism—the United States.
by Ira Katznelson via The Atlantic on October 5, 2017
Lithograph book illustration of pirates of America.

A Treasure Trove of Trials

This collection of piracy trials comprises documents that were published before 1923 and that are part of the holdings of the Law Library of Congress.
by Francisco Macías via Library of Congress on September 5, 2017
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