legal history — Bunk History

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On Richard Blackett’s "The Captive Quest for Freedom"

Five historians weigh in on a new book about the 1850 Fugitive Slave Act.

by Martha S. Jones, Jeffrey R. Kerr-Ritchie, Elizabeth R. Varon, H. Robert Baker, Hannah-Rose Murray, Simon Newman via Historians Against Slavery on August 2, 2018

How a Pivotal Voting Rights Act Case Broke America

In the five years since the landmark decision, the Supreme Court has set the stage for a new era of white hegemony.

by Vann R. Newkirk II via The Atlantic on July 10, 2018

The Struggle Over the Meaning of the 14th Amendment Continues

The fight over the 150-year old language in the Constitution is a battle for the very heart of the American republic.

by Garrett Epps via The Atlantic on July 10, 2018

Manuscript of the Fourteenth Amendment.

We Should Embrace the Ambiguity of the 14th Amendment

A hundred and fifty years after its ratification, some of its promises remain unfulfilled—but one day it may still be interpreted anew.

by Eric Foner via The Nation on July 9, 2018

Demonstrators protesting Trump's immigration policy toward Muslims outside the Supreme Court.

How To Resist Bad Supreme Court Rulings

What Dred Scott teaches us about thwarting bad law.

by Martha S. Jones via Made by History on July 6, 2018

How Corporations Won Their Civil Rights

The Court got it right—but it's not a conclusion we should be entirely comfortable with.

by Robert VerBruggen via The American Conservative on July 3, 2018

Court-Packing is the Democrats’ Nuclear Option for the Supreme Court

Why an FDR plan from the 1930s is suddenly popular again.

by Dylan Matthews via Vox on July 2, 2018

Pretending Not to Discriminate in the Name of National Security

America has always discriminated in the name of national security. It’s just gotten better at pretending it’s not.

by Paul A. Kramer via Slate on June 29, 2018

The Last of the Small-Town Lawyers

Justice Anthony Kennedy’s retirement marks the end of an era on the Supreme Court—and a turn toward hard-edged partisanship.

by Garrett Epps via The Atlantic on June 27, 2018

The Birth of the Brady Rule: How a Botched Robbery Led to a Legal Landmark

Every law student knows John Brady’s name. But few know the story of the bumbling murder that ended in a landmark legal ruling.

by Thomas L. Dybdahl via The Marshall Project on June 24, 2018

How Birth Certificates Are Being Weaponized Against Trans People

A century ago, these documents were used to reinforce segregation. Today, they’re being used to impose binary identities on transgender people.

by Garrett Epps via The Atlantic on June 8, 2018

Artificial Persons

The long road to "Citizens United."

by David Cole via The Nation on June 6, 2018

Bearing Arms vs. Hunting Bears

The persistence of a mythic second amendment in contemporary Constitutional culture.

by Saul Cornell via The Panorama on June 4, 2018

The Campaign for Child Labor

Why did David Clark campaign to keep kids working in the early 20th century? For one thing, it benefited his interests.

by Livia Gershon, Bart Dredge via JSTOR Daily on May 28, 2018

The Court’s Supreme Injustice

How John Marshall, Joseph Story, and Roger Taney strengthened the institution of slavery and embedded in the law a systemic hostility to fundamental freedom and basic justice.

by Allen Mendenhall via Los Angeles Review of Books on May 24, 2018

The Only Way to Find Out If the President Can Be Indicted

Scholars disagree on existing precedents—and the question won’t be settled until evidence leads a prosecutor to try it.

by Garrett Epps via The Atlantic on May 23, 2018

A Forgotten War on Women

Scott W. Stern’s book documents a decades-long program to incarcerate “promiscuous” women.

by Kim Kelly via The New Republic on May 22, 2018

The Rise of the Victims’-Rights Movement

How a conservative agenda and a feminist cause came together to transform criminal justice.

by Jill Lepore via The New Yorker on May 15, 2018

The 1919 Murder Case That Gave Americans the Right to Remain Silent

Decades before the Miranda decision, a Washington triple-homicide paced the way to protect criminal suspects.

by Scott D. Seligman via Zócalo Public Square on April 30, 2018

Surveyor and enslaved people working in Barbados.

‘Whiteness’ Was Created to Keep Black People From Voting

When slaves got close to voting rights, slaveowners changed the rules of the game.

by Katharine Gerbner via Made by History on April 27, 2018

National Guard on the Rio Grande.

Can President Trump Legally Send Troops to the Border?

Critics argue the move would violate the 1878 Posse Comitatus Act. One problem: There is no 1878 Posse Comitatus Act.

by Kevin Adams via Made by History on April 17, 2018

Company Men

The 200-year legal struggle that led to Citizens United and gave corporations the rights of people.

by Kim Phillips-Fein via The New Republic on March 29, 2018

Multiple pieces of faces from different faces that come together to form one face

The 200-Year Legal Struggle That Led to Citizens United

How businesses campaigned to win constitutional rights and expand their political reach.

by Kim Phillips-Fein via The New Republic on March 29, 2018

The Second Amendment Does Not Transcend All Others

Its text and context don’t ensure an unlimited individual right to bear any kind and number of weapons by anyone.

by Garrett Epps via The Atlantic on March 8, 2018

'Corporations Are People' Is Built on an Incredible 19th-Century Lie

How a farcical series of events in the 1880s produced an enduring and controversial legal precedent.

by Adam Winkler via The Atlantic on March 5, 2018

Dred Scott Strains the Mystic Chords

Dred Scott was an opportunity to settle what the South had previously been unable to achieve either legislatively or judicially.

by Michael Liss via 3 Quarks Daily on March 5, 2018

Josef K. in Washington

A review of "Closing the Courthouse Door: How Your Constitutional Rights Became Unenforceable" by Erwin Chemerinsky.

by David Luban via New York Review of Books on March 2, 2018

Huey Long

How ‘the Kingfish’ Turned Corporations into People

Seventy-five years before Citizens United, the Supreme Court ruled that newspapers were entitled to First Amendment protections.

by Adam Winkler via New York Review of Books on February 28, 2018

How We Learned to Love the Bill the Rights

A new book argues that the fetishization of the first ten amendments is a recent thing – and that it comes at a cost.

by Sara Mayeux on February 8, 2018

Painting of the signing of the Constitution.

The Original Theory of Constitutionalism

The debate between "originalism" and the "living constitution" rages on. What does history say?

by David Singh Grewal, Jedediah Britton-Purdy via The Yale Law Journal on January 24, 2018

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