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Supreme court passing from the robing room to the court chambers, 1881.
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Lacking a Demonstrable Source of Authority

On the case that provoked the courts to decide if the federal government had jurisdiction to exercise American criminal law over Native peoples on Native lands.
by Keith Richotte Jr. via HNN on February 19, 2025

I Pledge . . . Allegiance?

American law says schools must honor the Pledge of Allegiance. Schools may have other plans.
by Maggie Phillips via Arc: Religion, Politics, Et Cetera on February 4, 2025
Collage of the American flag and the preamble to the Constitution.

The Historical Challenge to Originalism

Jonathan Gienapp's attack on originalism deserves a serious response.
by John O. McGinnis, Aaron N. Coleman, Mike Rappaport via Law & Liberty on January 16, 2025
Handcuff cuffed around wedding ring

“Marital Rape” Was Legal Longer Than You Think

In 1984, only 18 American states denied that wives were the sexual property of their husbands.
by Eleanor Johnson via Dame Magazine on December 20, 2024

The Case Against New York Times v. Sullivan

The malice test is the result of judicial activism and should be rejected by a Court that understands its task as the discovery, not the invention of law.
by Carson Holloway via Law & Liberty on November 1, 2024
Painting depicting the Salem Witch Trials.

Did the Witch Trials Ever Truly Come to an End?

Marion Gibson’s research rigorously traces the legal and human aspects of the trials through today.
by AX Mina via Hyperallergic on October 30, 2024
Haitian gang members carrying assault rifles, standing in the center of a stylized rifle sight.

Haiti’s Agents Of Fear

Haitians are caught between the grip of violent gangs and the messy legacies of foreign intervention.
by Matthew J. Smith via Noema on October 29, 2024
A handwritten envelope for court documents in "The United States v. Thomas Chittenden."

Guilty as Charged

Convicting Vermont’s first governor.
by Gary Shattuck via Journal of the American Revolution on September 26, 2024
Hideki Tojo in a courtroom testifying at the Tokyo Trial, guarded by American soldiers.

The Hypocrisies of International Justice

A recent history revisits the Tokyo trial.
by Colin Jones via The Nation on September 18, 2024
Antonin Scalia with Ronald Reagan, William Rehnquist, and Warren Burger at a press conference announcing Scalia's nomination to the Supreme Court.

The Return of the Common Law?

The originalist revolution will never be complete until we fully appreciate the natural law roots of the common law.
by Steven Hayward via Law & Liberty on September 9, 2024
Painting of enslaved people waiting to be sold.

Enslaved Women’s Resistance to Slavery and Gendered Violence

A new book offers a fresh perspective on the resistance of enslaved women and their interactions with the law.
by Sean Gallagher via Black Perspectives on September 5, 2024
White settlers traveling west in Conestoga wagons.

America as Filibuster Society

American expansionism goes beyond territory.
by Nick Burns via American Affairs on August 20, 2024
President Calvin Coolidge raising his hand behind a podium to be sworn into office.
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Behind America’s First Comprehensive Federal Immigration Law

Even as the primary targets of immigration restrictionism have shifted, the consequences for immigrants remain profoundly shaped by the system created in 1924.
by Devin E. Naar via Made By History on July 9, 2024
Mississippi Freedom Summer activists and contact list.

What the Civil Rights Act Really Meant

An overlooked effect of the legislation, passed 60 years ago this week, was its powerful message of hope for Black Americans.
by William Sturkey via The Atlantic on July 5, 2024
Judge Learned Hand.

Learned Hand’s Spirit of Liberty

Eighty years ago, Americans embraced a new definition of their faith: “The spirit of liberty is the spirit which is not too sure that it is right.”
by Lincoln Caplan via The New Yorker on July 4, 2024
Richard Nixon's face superimposed onto the January 6th protests.

Richard Nixon Would Have Loved the Court’s Immunity Decision

I would know.
by John Dean via The Atlantic on July 3, 2024
James Madison by Gilbert Stewart, 1821.

How the Constitution Unifies the Country

Yuval Levin urges us to take America’s greatest constitutional thinker, James Madison, as our lodestar.
by Marc Landy via Law & Liberty on June 11, 2024
National Guard members deploy near the White House as peaceful protests are scheduled against police brutality and the death of George Floyd, on June 6, 2020 in Washington, D.C.

The Most Dangerous Law in America

The Insurrection Act is a nuclear bomb hidden in the United States code, giving presidents unimaginable emergency power. No President has abused it. Yet.
by Joseph Nunn via Democracy Journal on June 10, 2024
National Bureau of Economic Research logo.

Her Property Transactions: White Women and the Frequency of Female Ownership in the Antebellum Era

White women were especially likely to be owners involved in transactions with enslaved women, where they were listed as owners in nearly 40% of transactions.
by Benton Wishart, Trevor D. Logan via National Bureau Of Economic Research on May 31, 2024
Image of a man distributing newspapers at a post office.
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The Post Office and Privacy

We can thank the postal service for establishing the foundations of the American tradition of communications confidentiality.
by Matthew Wills, Anuj Desai via JSTOR Daily on May 19, 2024
Star-Herb Medicines and Teas for all Diseases, 1923.
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How Government Helped Birth the Advertising Industry

Advertising went from being an embarrassing activity to a legitimate part of every company’s business plans—despite scant evidence that it worked.
by Livia Gershon, Daniel Navon via JSTOR Daily on May 17, 2024
The Tontine Building, Wall Street, New York, 1797.

From “Boring” to “Roaring” Banking

On the mechanics of Wall Street’s influence on key institutions of American democracy, from the New Deal to today.
by Anna Pick via Public Seminar on April 29, 2024
Picture of the book, "Cracks in the Outfield Wall," by Chris Holaday.

American Legion Baseball, Episode 1

The story of an incident that may have been the first time the issue of race was ever addressed on a baseball field in the Carolinas.
by Chris Holaday via UNC Press Blog on April 25, 2024
Cover of "The Black Tax"

Tax History Matters: A Q&A with the Author of ‘The Black Tax’

The history of the property tax system and its structural defects that have led to widespread discrimination against Black Americans.
by Andrew W. Kahrl, Brakeyshia Samms via Institute on Taxation and Economic Policy on April 24, 2024
At nighttime, the levels inside the Milton S. Eisenhower Library light up the windows, showing stacks of books and the silhouettes of students working at tables and lounging at chairs, from A Level to B Level and M Level at the top, Johns Hopkins University, Baltimore, Maryland, 1965.

The Education Factory

By looking at the labor history of academia, you can see the roots of a crisis in higher education that has been decades in the making.
by Erik Baker via The Nation on April 22, 2024
Demonstrators protest outside the U.S. Supreme Court in Washington, March 26, 2024.

The Truth About the Comstock Act

The anti-obscenity law is unenforceable and probably unconstitutional. Conservatives still want to use it to ban medication abortions.
by Hassan Ali Kanu via The American Prospect on April 9, 2024
Packets of Mifepristone, the abortion pill.
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Judge Kacsmaryk’s Medication Abortion Decision Distorts a Key Precedent

One of the cases on which the judge relies said the opposite of what he claims it did.
by Donna J. Drucker via Made By History on March 29, 2024
U.S. presidential seal

Founding-Era History Doesn’t Support Trump’s Immunity Claim

Historians Rosemarie Zagarri and Holly Brewer explain the anti-monarchical origins of the Constitution and the presidency.
by Rosemarie Zagarri, Holly Brewer via Brennan Center For Justice on February 21, 2024
USA. Mardi Gras. New Orleans. 1990.
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How Mardi Gras Traditions Helped LGBTQ New Orleans Thrive

The celebrations created space for people to subvert gender norms, as New Orleans' LGBTQ communities built new traditions of their own.
by Lily Lucas Hodges via Made By History on February 13, 2024
Black and white image of Abraham Lincoln, with the edges of his face out of focus.

No Slaves, No Masters: What Democracy Meant to Abraham Lincoln

A detailed look on Abraham Lincoln's political philosophy on slavery, ownership, and freedom.
by Allen C. Guelzo via Literary Hub on February 8, 2024
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