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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

'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
A prison cell with a television tuned to election coverage.
original

Why Felon Disenfranchisement Doesn't Violate the Constitution

The justification can be found in an obscure section of the Fourteenth Amendment.
by Sara Mayeux on December 21, 2017

A Vestige of Bigotry

The Supreme Court and non-unanimous juries.
by Andrew Cohen via The Marshall Project on September 25, 2017

The Department of Justice Is Overseeing the Resegregation of American Schools

A major investigation reveals that white parents are leading a secession movement with dire consequences for black children.
by Emmanuel Felton via The Nation on September 6, 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

The Roots of Segregation

"The Color of Law" offers an indicting critique of the progressive agenda.
by Carl Paulus via The American Conservative on May 5, 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

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
“Authority of Law” statue by James Earle Frasier in front of the United States Supreme Court building.

Which History in Obergefell v. Hodges?

The Supreme Court legalized same-sex marriage by framing it as a historical evolution of liberty, dignity, and equality under the Constitution.
by Nancy F. Cott via Perspectives on History on July 1, 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
Photo of Jimmy Lee Jackson.

The Killing of Jimmie Lee Jackson

How a post-Civil War massacre impacted racial justice in America.
by Debo Adegbile via The Marshall Project on February 27, 2015
Caricature drawing of Charles Black

Pursuing the Pursuit of Happiness

Traditional Supreme Court precedent may depend too much on substantive due process to safeguard human rights.
by Laurence H. Tribe via New York Review of Books on September 24, 1998
Amy Coney Barrett holding a senate report.

This Is the History of Anti-Trans Bigotry Amy Coney Barrett Doesn’t Want to Talk About

Barrett thinks transgender people have experienced “relatively little” discrimination. A brief filed in the trans sports cases aims to set the record straight.
by Madiba K. Dennie via Balls And Strikes on January 12, 2026
A report for the Maryland Board of Claims in 1864.

Compensated Emancipation in Maryland During the Civil War

How promises of compensation for Black enlistment helped push Maryland toward ending slavery.
by Amanda Kleintop via Muster on December 4, 2025
Collage illustration of a founder, Declaration of Independence, and the body of an enslaved person whose arms are in chains.

Whose Independence?

The question of what Jefferson meant by “all men” has defined American law and politics for too long.
by Annette Gordon-Reed via The Atlantic on October 9, 2025
Black and white icons of people gathered into the shape of the US.

Are You a ‘Heritage American’?

Why some on the right want to know if your ancestors were here during the Civil War.
by Ali Breland via The Atlantic on October 7, 2025
Rows of men seated at computer terminals at Kennedy Space Center, 1967.
partner

America’s Privacy Policy

Recent news coverage has called the Privacy Act of 1974 “Watergate-inspired,” but such framing misses the big picture.
by Jillian Foley via HNN on September 30, 2025
Grover Cleveland

The Gilded Age Roots of American Austerity

Both Trump and Cleveland employed the rhetoric of worthiness and efficiency, anti-fraud and anti-corruption, as justifications for their austerity measures.
by Dale Kretz via Jacobin on July 17, 2025
Illustration of armed and hooded Ku Klux Klan members.

Masked Terror

ICE officers are wearing masks to conceal their identities. The Ku Klux Klan also employed masks to avoid prosecution for its acts of racial violence.
by Sherrilyn Ifill via Sherrilyn's Newsletter on June 24, 2025
Woodrow Wilson and a panel of red stars.

Surviving Bad Presidents

What the Constitution asks of us.
by George Thomas via The Bulwark on May 16, 2025
Historian Martha S. Jones and photos of her relatives.

How a Leading Black Historian Uncovered Her Own Family’s Painful Past

Martha S. Jones’ new memoir draws on genealogical research and memories shared by relatives.
by Martha S. Jones, Sara Georgini via Smithsonian Magazine on March 5, 2025
Photo of Wong Kim Ark and document about Chinese Exclusion.

History’s Lessons on Anti-Immigrant Extremism

Even Trump’s recent assertion that he would use executive action to abolish birthright citizenship has a historical link to the Chinese American experience.
by Michael Luo via The New Yorker on January 5, 2025
Cracked glass plate portrait of Andrew Johnson.

The Disastrous Pardons of a President

After the Civil War, Andrew Johnson issued the biggest act of presidential clemency in our history. It angered his party and led to his eventual impeachment.
by Jeff Nilsson via The Saturday Evening Post on December 23, 2024
A drawing of protestors wrestling a tax collector to the ground.

A Prudent First Amendment

Often, the proper scope of the First Amendment can be determined only by considering both text and context.
by David Lewis Schaefer via Law & Liberty on November 7, 2024
American Indian woman wearing a shirt that reads "You are on Indian land."
partner

The Ambivalent History of Indigenous Citizenship

A century ago, when Congress passed the Indian Citizenship Act, key questions about Native sovereignty were left unresolved.
by Daniel R. Mandell via Made By History on October 14, 2024
White men strapping a Black man into an electric chair.
original

Matters of Life and Death

Systemic racism and capital punishment have long been intertwined in Virginia, the South, and the nation.
by Janis Parker on July 10, 2024
Donald Trump walking onstage, next to four American flags.

‘The Dred Scott of Our Time’

The Supreme Court has invested the presidency with quasi-monarchial powers, repudiating the foundational principle of the rule of law.
by Sean Wilentz via New York Review of Books on July 4, 2024
Edward Blum superimposed on the Supreme Court building.

The People Who Dismantled Affirmative Action Have a New Strategy to Crush Racial Justice

In throwing up new roadblocks to the use of private money to redress racial and economic inequality, the Fearless Fund ruling is antihistorical.
by David H. Gans via Slate on June 11, 2024
Woman holding up a pocket-sized copy of the U.S. Constitution.

Conservatives Don’t Have a Monopoly on Originalism

The text and historical context of the Constitution provide liberals with ample opportunities to advance their own vision of America.
by Simon Lazarus via The New Republic on March 29, 2024
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