legal history — Bunk History

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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

Inside the courtroom during the Ziang Sun Wan trial.

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

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 A. 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

Chidren playing in a playground.

Children and Childhood

How changing gender norms and conceptions of childhood shaped modern child custody laws.

by Michael Grossberg via Child Custody Project on October 31, 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

A man waves a pride flag in front of the Supreme Court.

Our Trouble with Sex

A Christian story?

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

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