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Photograph of Joe Biden speaking at a podium with a sign for vaccines.gov in the background.

In Praise of One-Size-Fits-All

Critiques of vaccine mandates continue a neoliberal tradition of idolizing private choice at the expense of the public good.
by Lawrence B. Glickman via Boston Review on December 2, 2021
A mural depicting the portrait of Ahmaud Arbery, on the side of a building.
partner

Trial of Arbery's Killers Hinges on Law that Originated in Slavery

Georgia enacted the Citizen's Arrest Law in an attempt to maintain control of enslaved people.
by Alan J. Singer via HNN on November 7, 2021
Portrait of Steve Bannon with a serious expression

Executive Privilege Was Out of Control Even Before Steve Bannon Claimed It

A short history of a made-up constitutional doctrine that gives presidents too much power.
by Timothy Noah via The New Republic on October 18, 2021
A wedding cake depicting a same-sex lesbian couple.
partner

The Golden Era of ‘Traditional Marriage’ Was Never What Conservatives Thought

Law and culture forced LGBTQ people into marriages, but that didn't prevent them from exploring their sexuality.
by Lauren Gutterman via Made By History on September 28, 2021
A protestor wearing syringes, protesting the vaccine mandate
partner

Doubters’ Push for Religious Exemptions from Coronavirus Vaccination May Not Work

With all organized religions supporting vaccination, states may question the sincerity of those claiming exemptions from getting vaccinated.
by Kira Ganga Kieffer via Made By History on September 20, 2021
Bell in 1980. He handled civil-rights cases, then came to question their impact.

The Man Behind Critical Race Theory

As an attorney, Derrick Bell worked on many civil-rights cases, but his doubts about their impact launched a groundbreaking school of thought.
by Jelani Cobb via The New Yorker on September 10, 2021

The Case Against Humane War

How the turn toward “precision” combat promoted endless war.
by Daniel Bessner via The New Republic on September 8, 2021
The book cover for Vice Patrol

Vice, Vice, Baby

The history of patrolling sex in public.
by Max Fox via Bookforum on September 7, 2021
Guard checking pockets of American soldier prisoners

Prisoners of War

During the war in Vietnam, there was a notorious American prison on the outskirts of Saigon: a prison for American soldiers.
via Radio Diaries on August 12, 2021
Artistic photo of John Marshall

America’s ‘Great Chief Justice’ Was an Unrepentant Slaveholder

John Marshall not only owned people; he owned many of them, and aggressively bought them when he could.
by Paul Finkelman via The Atlantic on June 15, 2021
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 Gersen via The New Yorker on June 8, 2021
John Quincy Adams giving speech at U.S. House of Representatives
partner

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
partner

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 TIME 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
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