law — Bunk History

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The New York Times headquarters in Manhattan.

The ‘Times’ Is A-Changing

A new history of the ‘New York Times.’

by Paul Moses via Commonweal on January 7, 2024

Martin Howard, left, and Stephen Hopkins came to opposing conclusions about their colonial British identities.

Two Colonists Had Similar Identities, But Only One Felt Compelled to Remain Loyal

What might appear to be common values about shared identities can serve not as a bridge but a wedge.

by Abby Chandler via The Conversation on January 4, 2024

Dred Scott.

Setting the Records Straight: U.S. Officers’ Pay Claims “Vouching” for Slavery

Military archives reveal the brutal history of slavery in the U.S. Army.

by Yoav Hamdani via The Panorama on January 2, 2024

Man holding a rare Razorback Sucker fish from the Colorado River.

At 50 the Endangered Species Act is Worth Celebrating

Before the Endangered Species Act, the federal government had actually encouraged the killing of certain species.

by Laura J. Martin via Made by History on December 28, 2023

Students on a field trip threw boxes of mock tea overboard at the Boston Tea Party Museum in Boston.

The Boston Tea Party Was a Crime

Opposition to British policy was justified. Destroying 342 crates of tea worth nearly $2 million in today’s money wasn’t.

by Jeff Jacoby via Boston Globe Magazine on December 14, 2023

Mary Vanderlight’s Titled Account Book, from the collections of the John Carter Brown Library.

The Brown Brothers Had a Sister

Women’s work is often hidden or marginal within historical records that were meant to show men’s economic and political lives.

by Karin Wulf via Commonplace on December 5, 2023

People outside the Lafayette Theatre in 1936.

Movie Theaters, the Urban North, and Policing the Color Line

Confronting segregation as Black urbanites' fight for access and equality in northern cinemas.

by Alyssa Lopez via Black Perspectives on December 5, 2023

Old City Hall, Wall St., New York City.

Originalism and the Nature of Rights

When we try to recover the “original meaning” of constitutional amendments, we begin with deeply engrained premises about the nature of what we're looking for.

by Jud Campbell via The Panorama on November 27, 2023

Gen. Robt. E. Lee, 1886.

After the Civil War, Robert E. Lee Couldn't Run for President, but Trump Can?

Despite Trump’s efforts to overturn the election, a Colorado state judge stretches the word “officer,” permitting him to remain on the state’s ballot.

by Garrett Epps via Washington Monthly on November 20, 2023

Former U.S. President Donald Trump prepares to speak at the Conservative Political Action Conference CPAC held at the Hilton Anatole on Aug. 6, 2022 in Dallas.

What Civil War History Says About Attempts to Use the Insurrection Clause to Keep Trump From Office

Debates about handling Confederates reveal that the 14th Amendment bars unrepentant insurrectionists from office.

by Elizabeth R. Varon via Made by History on November 15, 2023

Supreme Court Justice Clarence Thomas.

Conservatives’ Favorite Legal Doctrine Crashes Into Reality

Originalism is all the rage on the right, but a gun case at the Supreme Court is exposing its absurdity—even to the conservative justices.

by Matt Ford via The New Republic on November 9, 2023

Engraving of "We the People," in which the words "We" and "the" are painted over.

How Do We Survive the Constitution?

In “Tyranny of the Minority,” Steven Levitsky and Daniel Ziblatt argue that the document has doomed our politics. But it can also save them.

by Corey Robin via The New Yorker on October 4, 2023

Book cover of "Before the Movement" by Dylan C. Penningroth

What the Conventional Narrative Gets Wrong About the Civil Rights Movement

A new book illuminates how Black Americans used property ownership, common law and other methods to assert their rights.

by Matt Delmont via Washington Post on September 26, 2023

AI-generated illustration of a blue neural network, surrounded by code and data graphics, against dark background.

How Machines Came to Speak (and How to Shut Them Up)

On the intertwined history of free speech law and media technology.

by Alex Sayf Cummings via Society for U.S. Intellectual History on September 24, 2023

Robert E. Lee.

Disqualifying Trump via Section Three of the Fourteenth Amendment

by William Hogeland via Hogeland's Bad History on September 16, 2023

Donald Trump behind bars made of the US Constitution

The Constitution Prohibits Trump From Ever Being President Again

The only question is whether American citizens today can uphold that commitment.

by Laurence H. Tribe, J. Michael Luttig via The Atlantic on August 19, 2023

Men wielding muskets.

America’s Original Gun Control

Early in our history, firearms laws were everywhere.

by Robert J. Spitzer via The Atlantic on August 12, 2023

Spectators lined up outside the Supreme Court in Washington, D.C., on Oct. 12, 1977, hoping to witness arguments in the Regents of University of California v. Bakke case.

The Uses of Affirmative Action

The right denounced it as “reverse racism,” while the liberal center hailed it as the endpoint of egalitarianism. But it has never been either.

by Adolph Reed Jr. via The Nation on August 9, 2023

A group of people standing outdoors wearing masks over their mouths. This was probably during the Spanish Flu epidemic of 1918. One of the women has a sign in front of her reading 'Wear a mask or go to jail."

Wear a Mask or Go to Jail

What the history of the 1918 Flu Pandemic can help us understand about today's public health measures.

by E. Thomas Ewing, Jessica Brabble, Ariel Ludwig via Nursing Clio on August 2, 2023

M. Roland Nachman Jr., William P. Rogers and Herbert Wechsler, the lawyers in "New York Times v. Sullivan."

Keeping Speech Robust and Free

Dominion Voting Systems lawsuit against Fox News' coverage of claims that the company had rigged the 2020 election may soon become an artifact of a vanished era.

by Jeffrey Toobin via New York Review of Books on July 7, 2023

Jacob Duché delivers the first prayer in the Continental Congress, 1774.

The Traitor Chaplain Who Gave Government Prayer to America — A 4th of July Corrective

When drafting the Constitution, our founders had no need of prayer.

by Andrew L. Seidel via Religion Dispatches on July 3, 2023

Senator Joseph McCarthy (left) during the Army-McCarthy hearings, with Pvt. G. David Schine (center) and Roy Cohn (right), June 7, 1954, in Washington, DC.

McCarthyite Laws Targeting Leftists Are Still on the Books Across the Country

Communists were excluded from an Oklahoma Pride festival recently, a reminder of how easily the Red Scare’s mechanisms for state repression can be revived.

by Liza Featherstone via Jacobin on June 20, 2023

U.S. Supreme Court building where "Equal Justice Under Law" is written in stone.

The Originalist Case for Affirmative Action?

The argument made recently by Kim Forde-Mazrui may not be in good faith, but it does raise important questions about the meaning of the Constitution.

by Tal Fortgang via Law & Liberty on June 5, 2023

Linda Brown Smith, Ethel Louise Belton Brown, Harry Briggs, Jr., and Spottswood Bolling, Jr., 1964

Brown v. Board of Education: Annotated

The 1954 Supreme Court decision, based on the Fourteenth Amendment to the US Constitution, declared that “separate but equal” has no place in education.

by Liz Tracey via JSTOR Daily on May 17, 2023

Big Bill Haywood, Adolph Lessing, and Carlo Tresca, Paterson, New Jersey, 1913.

The Wobblies and the Dream of One Big Union

A new history examines the lost promise and fierce persecution of the IWW.

by Michael Kazin via The Nation on May 15, 2023

A microphone animated as a black snake.

The Dark Side of Defamation Law

A revered Supreme Court ruling protected the robust debate vital to democracy—but made it harder to constrain misinformation. Can we do better?

by Jeannie Suk Gersen via The New Yorker on May 11, 2023

Campaign signs from the Carpenters and Millwrights union supporting Michigan Governor Grace Whitmer.

Michigan Repealed Its ‘Right-to-Work’ Law, a Victory for Organized Labor

Labor activists can learn from the decades-long campaign to undermine their influence by focusing on state-level action to bolster their cause.

by Jennifer Standish via Made by History on May 1, 2023

Abraham Lincoln, sitting.

Lincoln and Democracy

Lincoln's understanding of the preconditions for genuine democracy, and of its necessity, were rooted in this rich soil. And with his help, ours could be, too.

by Allen C. Guelzo via National Affairs on April 20, 2023

A portrait of Supreme Court Justice Samuel Chase, nicknamed "Old Bacon Face," painted by John Beale Bordley in 1836.

Can a Supreme Court Justice Be Impeached? Meet ‘Old Bacon Face.’

Samuel Chase was the only Supreme Court justice to be impeached, after he openly campaigned for a president and told jurors who he thought was guilty.

by Gillian Brockell via Retropolis on April 7, 2023

Drawing of five women in uniform aprons and white bonnets.

Law, Medicine, Women’s Authority, and the History of Troubled Births

A new book "examines legal cases of women accused of infanticide and concealment of stillbirth."

by Lara Freidenfelds via Nursing Clio on March 22, 2023

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