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legal history
Articles tagged with this keyword discuss legal cases and the impact of specific legal decisions on federal and state laws.
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How Machines Came to Speak (and How to Shut Them Up)
On the intertwined history of free speech law and media technology.
by
Alex Sayf Cummings
via
Society for U.S. Intellectual History
on
September 24, 2023
How Chicago School Economists Reshaped American Justice
The 50th anniversary of a groundbreaking work.
via
The Economist
on
September 7, 2023
Constrain the Court—Without Crippling It
Critics of the Supreme Court think it has lost its claim to legitimacy. But proposals for reforming it must strike a balance with preserving its independence.
by
Laurence H. Tribe
via
New York Review of Books
on
July 27, 2023
How the Former Confederate Capital Slashed Black Voting Power, Overnight
Did Richmond violate the Voting Rights Act by adding thousands of White residents? The historic Supreme Court case foreshadowed today’s gerrymandering fights.
by
Leila Barghouty
via
Retropolis
on
July 9, 2023
The Unhappy Legal History of the War Powers Resolution
How the law became a staging ground for unrestrained war.
by
Mary L. Dudziak
via
Modern American History
on
July 8, 2023
There’s Unsettling New Evidence About William Rehnquist’s Views on Segregation
The Supreme Court Justice's defense of Plessy v. Ferguson in a 1993 memo continues to influence the court's interpretation of the 14th amendment.
by
Dahlia Lithwick
,
Richard L. Hasen
via
Slate
on
June 1, 2023
Brown v. Board of Education: Annotated
The 1954 Supreme Court decision, based on the Fourteenth Amendment to the US Constitution, declared that “separate but equal” has no place in education.
by
Liz Tracey
via
JSTOR Daily
on
May 17, 2023
One of the 19th Century’s Greatest Villains is the Anti-Abortion Movement’s New Hero
Anthony Comstock, the 19th-century scourge of art and sex, is suddenly relevant again thanks to Donald Trump’s worst judge.
by
Ian Millhiser
via
Vox
on
April 12, 2023
Reversing the Legacy of Slaughter-House
A careful examination of the Privileges or Immunities Clause shows what we lost 150 years ago.
by
Ilan Wurman
via
Law & Liberty
on
April 3, 2023
partner
Everyone Born in the United States is a U.S. Citizen. Here’s Why.
From birthright freedom to birthright citizenship.
by
Amanda Frost
via
Made By History
on
March 28, 2023
How the Fight for Birthright Citizenship Shaped the History of Asian American Families
Even after Wong Kim Ark successfully took his case to the Supreme Court 125 years ago, Asian Americans struggled to receive recognition as U.S. citizens.
by
Hardeep Dhillon
via
Smithsonian
on
March 27, 2023
Inventing American Constitutionalism
On "Power and Liberty," a condensed version of Gordon Wood's entire sweep of scholarship about constitutionalism.
by
Gordon S. Wood
,
Brian A. Smith
via
Law & Liberty
on
March 10, 2023
Students for Fair Admissions v. Harvard and the History Behind Colorblind Admissions
Colorblindness has a long history in college admissions, the Black intellectual tradition, and today’s assault on affirmative action and race-conscious policies.
by
Brandon James Render
via
Black Perspectives
on
November 4, 2022
How the Supreme Court Failed to Stop the Brutal Relocation of Indigenous American Nations
On the legal challenges to racist presidential policy that led to the Trail of Tears.
by
Joel Richard Paul
via
Literary Hub
on
October 25, 2022
A Prisoner of His Own Restraint
Felix Frankfurter was renowned as a liberal lawyer and advocate. Why did he turn out to be such a conservative Supreme Court justice?
by
Jed S. Rakoff
via
New York Review of Books
on
October 13, 2022
How Government Ends
Through an assault on administrative agencies, the Supreme Court is systematically eroding the legal basis of effective governance.
by
Lisa Heinzerling
via
Boston Review
on
September 28, 2022
The Supreme Court Gets a Chance to Revisit America’s Imperialist Past
A trio of American Samoan plaintiffs are asking the high court to end their status as second-class citizens.
by
Matt Ford
via
The New Republic
on
September 19, 2022
A Powerful, Forgotten Dissent
Among the thousands of cases the Supreme Court has decided, only a handful of dissenting opinions stand out.
by
Linda Greenhouse
via
New York Review of Books
on
September 15, 2022
The Justice Who Wanted the Supreme Court to Get Out of the Way
Felix Frankfurter warned that politicians, not the courts, should make policy.
by
John Fabian Witt
via
The New Republic
on
August 26, 2022
The History of Abortion Law in the United States
The right to abortion has been both supported and contested throughout history. When banned, abortions still occur, but legal restrictions make them less safe.
by
Carrie N. Baker
via
Our Bodies Ourselves Today
on
August 12, 2022
The Better Roe: The Case of Struck v. Secretary of Defense
When Susan Struck fought being discharged for pregnancy from the US Air Force, it brought the right to choose into a different light.
by
Kara Dixon Vuic
via
Perspectives on History
on
August 10, 2022
The Struggle to Make the United States Secular
How progressives came to think that any recognition of Christianity by a public institution violates others’ rights.
by
Johann N. Neem
via
Los Angeles Review of Books
on
July 15, 2022
partner
The New Threat to Good Schooling for Minority Americans
The right might be targeting a seminal Supreme Court case that protects educational fairness.
by
Rann Miller
via
Made By History
on
July 10, 2022
When the Supreme Court Makes a Mistake
The history of the Supreme Court is replete with outrages and abominations, but they can be tough to overcome.
by
Peter S. Canellos
via
Politico Magazine
on
June 29, 2022
The Supreme Court Decision That Defined Abortion Rights for Thirty Years
The centrist, compromising view of reproductive rights in Planned Parenthood v. Casey helped clear the path to overturn Roe v. Wade.
by
Jessica Winter
via
The New Yorker
on
June 25, 2022
The Supreme Court Is Not Supposed to Have This Much Power
And Congress should claw it back.
by
Daphna Renan
,
Nikolas Bowie
via
The Atlantic
on
June 8, 2022
Baseball's Reserve Clause and the "Antitrust Exemption"
The controversy between players and owners frequently brought baseball into the federal courts between the late nineteenth and late twentieth centuries.
by
Jake Kobrick
via
Federal Judicial Center
on
May 18, 2022
partner
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
“Deeply Rooted in this Nation’s History and Tradition"
The bad history in Alito’s draft overturning Roe v. Wade.
by
William Hogeland
via
Hogeland's Bad History
on
May 3, 2022
The Decline of Church-State Separation
The author of new book explains the fraught and turbulent relationship between religion and government in the U.S.
by
Steven Green
,
Eric C. Miller
via
Arc: Religion, Politics, Et Cetera
on
April 26, 2022
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