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The Big, Nearly 200-Year-Old Legal Issue at The Heart of the Dakota Access Pipeline Fight

Tribal sovereignty is a concept that even some of the protesters may not be familiar with. But it's important.

The Racist Legacy of NYC’s Anti-Dancing Law

The cabaret law—and its prejudicial history—is one of the city's darkest secrets.

When Presidents Think About Defying the Courts

When President Trump contemplates violating court orders, he joins a longer list of presidents.

What the Fugitive Slave Act Teaches Us About How States Can Resist Oppressive Federal Power

The actions of attorneys general in California and other states have their antecedents in the fight against that draconian law.
The Caucasus Mountains, a mountain system that runs through several countries.

Why Do We Keep Using the Word “Caucasian”?

When a term signifies something that does not exist, we need to examine our use of it.
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.
Crowds of people surrounding the General Land Office and accompanying tents

Hail to the Pencil Pusher

American bureaucracy's long and useful history.
Woman shielding her face with a newspaper reporting "Cops Fired 41 Shots."

The Social Construction of Race

Race is a social fiction imposed by the powerful on those they wish to control.
Portrait of stern looking John Winthrop.

Father’s Property and Child Custody in the Colonial Era

The rights and responsibilities of 17th-century fatherhood in England's North American colonies.
Malcolm X sitting on a couch

A Rare Interview with Malcolm X

On the religion, segregation, the civil rights movement, violence, and hypocrisy.
An oil rig sprays crude oil into the air.
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Voices from the Oilfields

Using oral histories of early East Texas oil workers, recorded in the 1950s, we hear about the chaos and excess that accompanied the discovery of oil.
This editorial cartoon from a January 1879 edition of Harper's Weekly depicting a white man misspelling words on a sign announcing Black voters must pass a literacy test, while a Black man looks on laughing.

The Racial History Of The 'Grandfather Clause'

Companies and individuals are considered grandfathered and exempt from new sets of regulations all the time. But the term and the concept dates to a darker era.
Illustration of a proslavery mob raiding a post office in Charleston, South Carolina, in 1835.
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How Much Is Too Much?

The dramatic story of the abolitionist mail crisis of 1835.
Welcome to Delaware sign.

Rogue State

The case against Delaware.
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.
Black and white photograph of James Baldwin

A Report from Occupied Territory

These things happen, in all our Harlems, every single day. If we ignore this fact, and our common responsibility to change this fact, we are sealing our doom.

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