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Capital Hill at night.
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Government Shutdowns Were Never Necessary Anyway

Government shutdowns only became possible in 1980, when the Attorney General offered a new interpretation of an 1870 law.
by M. A. Davis via Made By History on November 16, 2023
Civil Rights march for jobs and freedom.

The Hidden Story of Black History and Black Lives Before the Civil Rights Movement

On upending the accepted narrative of the movement.
by Dylan C. Penningroth via Literary Hub on October 4, 2023
A drawing of a woman looking inside the door of a church where children are playing.

The Quiet Revolution of the Sabbath

Requiring rest, rather than work, is still a radical idea.
by Casey N. Cep via The New Yorker on September 30, 2023
The "fangs" of private equity dripping blood on the U.S. economy.

Conspicuous Destruction

Two books argue that private equity created an economic order in which getting rich quickly preempts other values, undermining companies and evading the law.
by Kim Phillips-Fein via New York Review of Books on September 28, 2023
An illustration of Anthony Comstock, published in Puck magazine in 1906.

The 150-Year-Old Comstock Act Could Transform the Abortion Debate

Once considered a relic of moral panics past, the 1873 law criminalized sending "obscene, lewd or lascivious" materials through the mail.
by Ellen Wexler via Smithsonian on June 15, 2023
1825 painting of a white man kissing a Black woman, and a white man whipping a Black man.

Jefferson’s Secret Plan to Whiten Virginia

Jefferson’s system depended on shoring up the bulwarks of race and basing the law on a theory of government that withdrew protection from unfavored groups.
by Timothy Messer-Kruse via Commonplace on April 19, 2023
W.E.B. DuBois.

On W.E.B. Du Bois and the Disgraceful Treatment of Gold Star Mothers

The symbolic battles of World War I.
by Chad Williams via Literary Hub on April 4, 2023
Illustration depicting workmen and firemen dragging a fireman and engineer from a Baltimore freight train during the Baltimore and Ohio Railroad strike.

The Railway Labor Act Allowed Congress to Break the Rail Strike. We Should Get Rid of It.

Congress was able to break the rail strike last week because of a century-old law designed to weaken the disruptive power of unions.
by Nelson Lichtenstein, Andrew Yamakawa Elrod via Jacobin on December 7, 2022
Collage of eyes.

Who’s Watching

The evolution of the right to privacy.
by Marina Manoukian via The Baffler on December 1, 2022
Portrait of Samuel Adams with sunglasses photoshopped onto his face.

How Samuel Adams Fought for Independence—Anonymously

Pseudonyms allowed Adams to audition ideas and venture out on limbs without fear of reprisal.
by Stacy Schiff via Literary Hub on November 3, 2022
Stewart Rhodes, founder of the Oath Keepers, speaks during a rally outside the White House in Washington on June 25, 2017.
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Far-Right Views in Law Enforcement are Not New

65 years ago this week, Edwin Walker helped enforce Little Rock integration. Then he devoted himself to segregation.
by Anna Duensing via Made By History on September 28, 2022
A page of the census documenting the enslaved people of John Hopkins, 1850.

Owner? Yes. Enslaver? Certainly.

Another chance to examine the terms we use and why they matter.
by Martha S. Jones via Hard Histories At Hopkins on July 12, 2022
Painting of pilgrims on a boat embarking towards the New World

One Manner of Law

The religious origins of American liberalism.
by Marilynne Robinson via Harper’s on July 1, 2022
Patsy Min, the first woman of color and the first Asian-American woman elected to Congress.

My Mom Fought For Title IX, but It Almost Didn’t Happen

When the personal and professional lives of Hawai'i Congresswoman Patsy Mink collided.
via New York Times Op-Docs on June 23, 2022
Two people wearing sunglasses peeking over a fence

Privacy Isn't in the Constitution – But It's Everywhere in Constitutional Law

The Supreme Court has found protections for people’s privacy in several constitutional amendments – and used it as a basis for some fundamental protections.
by Scott Skinner-Thompson via The Conversation on June 15, 2022
James Madison
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What Would Madison Think of Originalism? Depends When You Asked Him.

The concern of this article is with the unraveling of precedent based upon a judicial philosophy known as originalism.
by Donald J. Fraser via HNN on June 5, 2022
A drawing of Blanche Chesebrough with her husband standing out of frame, his hand on her shoulder.

Escape From the Gilded Cage

Even if her husband was a murderer, a woman in a bad marriage once had few options. Unless she fled to South Dakota.
by April White via Smithsonian on May 24, 2022
"Stalls for All" sign with transgender flag hearts

Transgender Legal Battles: A Timeline

New laws regarding transgender youth are based on the assumption that the gender binary is natural.
by Mena Davidson via JSTOR Daily on May 12, 2022
Photograph of abortion pro-choice activists demonstrating outside the Supreme Court.
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Originalists are Misreading the Constitution’s Silence on Abortion

The originalist case for lifting abortion restrictions.
by Laura Briggs via Made By History on May 3, 2022
The Burr-Hamilton Duel, 1804, Peter Newark American Pictures / Bridgeman Images .

Dueling: The Violence of Gentlemen

What honor required of men.
by Joseph Farrell via National Endowment for the Humanities (NEH) on April 21, 2022
Image of Martin Luther King Jr. within a jail cell.

What Makes Laws Unjust

King could not accomplish what philosophers and theologians also failed to—distinguishing moral from immoral law in a polarized society.
by Randall Kennedy via Boston Review on April 11, 2022
Demonstrators assemble near the US Capitol in 2021 with signs supporting a $15 minimum wage.
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A Key Supreme Court Ruling Protecting Workers is Now in Jeopardy

The newly conservative court may target the decision that allows for a minimum wage.
by Helen J. Knowles via Made By History on March 30, 2022
Photo collage in green and pink patterns, with a photo of Barbara Ann Richards in the center.

In the 1940s, a Trans Pioneer Fought California for Legal Recognition. This Is How She Won.

Barbara Ann Richards designed—and then demanded—the life she deserved.
by Michael Waters via Slate on March 20, 2022
Picture of the U.S. Supreme Court

Reading the 14th Amendment

A review of three books about Abraham Lincoln, the 14th Amendment, and Reconstruction.
by Earl M. Maltz via National Review on February 3, 2022
Drawing of a spiral bound notebook with pen markings.

Fighting Racial Bias With an Unlikely Weapon: Footnotes

A collaborative project by legal scholars sets out to make visible the vast array of legal precedents based on cases involving enslaved people.
by Justin Wm. Moyer via Washington Post Magazine on January 14, 2022
Photograph of Joe Biden speaking at a podium with a sign for vaccines.gov in the background.

In Praise of One-Size-Fits-All

Critiques of vaccine mandates continue a neoliberal tradition of idolizing private choice at the expense of the public good.
by Lawrence B. Glickman via Boston Review on December 2, 2021
A mural depicting the portrait of Ahmaud Arbery, on the side of a building.
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Trial of Arbery's Killers Hinges on Law that Originated in Slavery

Georgia enacted the Citizen's Arrest Law in an attempt to maintain control of enslaved people.
by Alan J. Singer via HNN on November 7, 2021
Portrait of Steve Bannon with a serious expression

Executive Privilege Was Out of Control Even Before Steve Bannon Claimed It

A short history of a made-up constitutional doctrine that gives presidents too much power.
by Timothy Noah via The New Republic on October 18, 2021
A wedding cake depicting a same-sex lesbian couple.
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The Golden Era of ‘Traditional Marriage’ Was Never What Conservatives Thought

Law and culture forced LGBTQ people into marriages, but that didn't prevent them from exploring their sexuality.
by Lauren Gutterman via Made By History on September 28, 2021
A protestor wearing syringes, protesting the vaccine mandate
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Doubters’ Push for Religious Exemptions from Coronavirus Vaccination May Not Work

With all organized religions supporting vaccination, states may question the sincerity of those claiming exemptions from getting vaccinated.
by Kira Ganga Kieffer via Made By History on September 20, 2021
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