legal history — Bunk History

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What the Prisoners’ Rights Movement Owes to the Black Muslims of the 1960s

Black Muslims have been an influential force in the prisoners' rights movement and criminal justice reform.

by Christopher E. Smith, Livia Gershon via JSTOR Daily on January 22, 2018

Protestor outside the Supreme Court, with a Bible and a sign denouncing bigotry.

Discriminating in the Name of Religion? Segregationists and Slaveholders Did It, Too.

If religious freedom trumps equality under the law, it provides a “cover” that actually encourages discrimination.

by Tisa Wenger via Made by History on December 5, 2017

Violence and Free Speech

Does our approach to the First Amendment need to change in the wake of this summer's violence in Charlottesville?

by Jennifer Petersen via Public Books on November 22, 2017

When Speech Meets Hate

A legal expert offers a First Amendment analysis of the summer’s violent rallies.

by Frederick Schauer via Virginia Magazine on November 21, 2017

Roy Moore

Roy Moore and the Revolution to Come

Women are rising. Will they be able to create lasting change?

by Kimberly A. Hamlin via Made by History on November 19, 2017

How to Balance Competing Claims of Religious Freedom?

Peyote use has been defended with religious liberty arguments. So has Bible reading in public schools.

by Tisa Wenger via The Christian Century on October 16, 2017

How American Racism Shaped Nazism

Nazi Germany has closer ties to America and its history of institutionalized racism than some may think.

by Rebecca Brenner Graham via Black Perspectives on October 5, 2017

Gun Anarchy and the Unfree State

The real history of the Second Amendment.

by Saul Cornell via The Baffler on October 3, 2017

John Lewis speaking in front of the Supreme Court.

Litigating the Line Between Past and Present

The Supreme Court is about to take up another blockbuster voting rights case. At its core is a struggle over the limits of history.

by Sara Mayeux on September 29, 2017

A Vestige of Bigotry

The Supreme Court and non-unanimous juries.

by Andrew Cohen via The Marshall Project on September 25, 2017

The Supreme Court’s Quiet Assault on Civil Rights

The Supreme Court is quietly gutting one of the United States’ most important civil rights statutes.

by Lynn Adelman via Dissent on September 1, 2017

Our Trouble with Sex: A Christian Story?

"Sex and the Constitution: Sex, Religion, and Law from America’s Origins to the Twenty-First Century" by Geoffrey R. Stone.

by Annette Gordon-Reed via New York Review of Books on August 17, 2017

What the Nazis Learned from America

Rigid racial codes in the early 20th century gained the admiration not only of many American elites, but also of Nazi Germany.

by Jessica Blatt via Public Books on July 6, 2017

Elizabeth Freeman.

How Two Massachusetts Slaves Won Their Freedom — And Then Abolished Slavery

What today's activists can learn from their victories.

by Ben Railton via Made by History on July 3, 2017

Dramatic Courtroom Drawings From Decades of American Trials

The Library of Congress' new exhibition is "Drawing Justice: The Art of Courtroom illustration."

by Rebecca Onion via Slate on June 9, 2017

The Many Lives of Pauli Murray

She was an architect of the civil-rights struggle-and the women's movement. Why haven't you heard of her?

by Kathryn Schulz via The New Yorker on April 17, 2017

The History Test

How should the courts use history?

by Jill Lepore via The New Yorker on March 27, 2017

The History of Outlawing Abortion in America

Abortion was first criminalized in the mid 1900s amidst concerns that too many white women were ending their pregnancies.

by Nicola Beisel, Tamara Kay, Livia Gershon via JSTOR Daily on March 10, 2017

The Curious History of Ellis Island

Ellis Island celebrates its 125th anniversary as the federal immigration depot.

by Matthew Wills, R. Lawrence Swanson, Donald F Squires via JSTOR Daily on January 1, 2017

An American flag flying in front of a large Christian cross.

The Religious-Liberty Attack on Transgender Rights

Conservative Christians are out to restore their historical legal privileges.

by David Sehat via Boston Review on May 27, 2016

“Sodomy is not Adultery”: The Clinton Sex Scandal as Queer History

Until fairly recently, President Clinton's narrow definition of adultery would have been backed up by the courts.

by Alison Lefkovitz via NOTCHES on April 7, 2016

The Strange Career of Free Exercise

How efforts to bolster religious liberty set off a chain of unintended consequences.

by Garrett Epps via The Atlantic on April 4, 2016

Members of the 1976 United States Supreme Court, led by Chief Justice Warren Burger, center.

It’s Been 40 Years Since the Supreme Court Tried to Fix the Death Penalty— Here’s How It Failed

A close look at the grand compromise of 1976.

by Evan Mandery via The Marshall Project on March 30, 2016

Justice Oliver Wendell Holmes.

Going Negative

Judicial dissent in the Supreme Court has a long history.

by Thomas Healy via Boston Review on November 12, 2015

Donald Trump Meet Wong Kim Ark

He was the Chinese-American cook who became the father of ‘birthright citizenship.’

by Fred Barbash via Washington Post on August 31, 2015

To Have and to Hold

Griswold v. Connecticut became about privacy; what if it had been about equality?

by Jill Lepore via The New Yorker on May 25, 2015

How Corrupt Are Our Politics?

A review of Zephyr Teachout's "Corruption in America: From Benjamin Franklin’s Snuff Box to Citizens United."

by David Cole via New York Review of Books on September 25, 2014

Elder M. Andrew Robinson-Gaither demonstrates for reparations for slavery.

The Thirteenth Amendment and a Reparations Program

The amendment, which brought an end to slavery in the U.S., could be used to begin a national debate on reparations.

by Ramsin Canon via U.S. Intellectual History Blog on July 12, 2014

How the NRA Rewrote the Second Amendment

The Founders never intended to create an unregulated individual right to a gun.

by Michael Waldman via Politico Magazine on May 19, 2014

Baby sleeping in a woman's arms.

What’s the Definition of “Person”?

Two court cases that defined and changed the nature of personhood.

via BackStory on May 10, 2013

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