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Eilhu Root.

The Shameful Imperialist Legacy of Elihu Root, Godfather of Corporate Law

How a celebrated corporate lawyer named Elihu Root became the driving force behind some of the worst U.S. atrocities ever perpetrated abroad.
Constance Motley and Randolph Rankin attending City Hall budget hearing, February 25, 1965

The Legal Mind of Constance Baker Motley

The story of Motley's legal career prior to Brown v. Board, and her crucial participation in it.
A courtroom in Milwaukee, 1930.

How Did We End Up With Our Current Public Defender System?

Without a more fundamental transformation of criminal law, public defenders often provide only a limited form of equality and fairness before the law.

The Socialist Origins of Public Defense

The right to public defense wasn’t granted by elites. It was won by socialist-led mass movements.

Objection

Clarence Darrow’s unfinished work.
Civil rights lawyers including Thurgood Marshall and Constance Baker Motley.

Trump's Attack on Lawyers and Law Firms Takes a Page Out of the Southern 1950s Playbook

American authoritarians fear the uniquely American power of litigation.
Strom Thurmond speaking to the Senate Judiciary Committee in favor of Ed Carnes' confirmation to the bench.

The Fight for Justice Starts with Blocking Judges Who Are “Tough on Crime”

The story of how Ed Carnes became a judge offers crucial lessons for those who hope to unwind the policies of mass incarceration.
A still from the Apprentice of Sebastian Stan as Donald Trump and Jeremy Strong as Roy Cohn inside a car.

The Apprenticeship of Donald Trump

A new film examines Trump's formative years under the tutelage of Roy Cohn.
Fred Grey photographed in front of a book shelf of law books.
partner

The History of Segregation Scholarships

A narrative not of brain drain but of Black aspiration.
C. G. Garrett photographed with five Black contemporaries outside of a building in Columbia, South Carolina.

Riding With Mr. Washington

How my great-grandfather invented himself at the end of Reconstruction.
Spectators and witnesses at the trial for a case involving an automobile accident, Oxford, North Carolina, 1939.

A ‘Wary Faith’ in the Courts

A groundbreaking new book demonstrates that even during the days of slavery, African Americans knew a lot more about legal principles than has been imagined.
Antonin Scalia speaking at a Federalist Society event.

How the Federalist Society Conquered the American Legal System

How the Federalist Society became the engine of the conservative legal movement—and where it might be headed next.

Why the Long Shadow of Bush v. Gore Looms Over the Supreme Court’s Colorado Case

In the fight over keeping Trump’s name on the ballot, the 2000 decision is a warning but not a precedent.
1924 map of Baltimore city. An orange circle marks the location of Burton's store

Samuel L. Burton’s Remarkable Comeback Story

In one of the most unique cases in the history of race riots, the African American businessperson sued his birthplace of Onancock, Virginia, in September 1910.

When Constitutional-Law Professors Fight

On the folly of relying on history to settle the debate over whether the Fourteenth Amendment should bar Trump from office.
Photo of Donald Trump at a podium and pointing.

The Supreme Court Must Unanimously Strike Down Trump’s Ballot Removal

Excluding him, wrongfully, by a close vote of the Supreme Court could well trigger the next Civil War.
Police with face shields in street

Why Aren’t Cops Held to Account?

Decades of Supreme Court decisions have converted qualified immunity from a commonsense rule into a powerful doctrine that deprives people injured by police misconduct of recourse.
Mountain with both living and dead trees.
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Did Montana Violate Its Residents’ Right To a Clean Environment?

A new lawsuit builds on 50 years of history in environmental activism.
Scale, with pile of U.S. states weighing down one end, and the U.S. on the other.

How a Fringe Legal Theory Became a Threat to Democracy

Lawyers tried to use the independent-state-legislature theory to sway the outcomes of the 2000 and 2020 elections. What if it were to become the law of the land?
Corporate executives sitting on musicians

Ticketmaster’s Dark History

A 40-year saga of kickbacks, threats, political maneuvering, and the humiliation of Pearl Jam.
Black and white side profile of Felix Frankfurter reading.

The Justice Who Wanted the Supreme Court to Get Out of the Way

Felix Frankfurter warned that politicians, not the courts, should make policy.
Linda Coffee working on the Roe v. Wade case

I Argued Roe v. Wade. It Would Be a Tragedy to Overturn It.

To take away the right to privacy is to take a giant step backward in American history.
Image of the nine Scottsboro defendants, policemen, and a defense attorney

Reimagining the Public Defender

For the poor, who are disproportionately people of color, the criminal justice system in the United States is essentially a plea-and-probation system.

The Case Against Humane War

How the turn toward “precision” combat promoted endless war.
The First Hague Conference in 1899: A meeting in the Orange Hall of Huis ten Bosch palace – collections of the Imperial War Museums.

Oh, the Humanity

Yale's John Fabian Witt pens a review of Samuel Moyn's new book, Humane.
Members of the Osage Nation standing on the steps of a federal building.

The Disturbing History of How Conservatorships Were Used to Exploit and Swindle Native Americans

The discovery of oil and gas made members of the Osage Nation among the richest people in the world. But it also made them targets for exploitation.
Illustration of Clarence Thomas in front of factory

The Radicalization of Clarence Thomas

His time working for Monsanto and other polluting industries helped make him the fierce conservative he is today.
U.S. Capitol riot

Echo Chambers

Parallels between the American Revolution and the U.S. Capitol riot.
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.
Headshot of Ruth Bader Ginsburg

The Glorious RBG

I learned, while writing about her, that her precision disguised her warmth.

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