legal history — Bunk History

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Japanese American woman and baby wearing tags, and people crowded into an internment camp.

How Activists Resisted — And Ultimately Overturned — An Unjust Supreme Court Decision

And why they must resist the Court's current race-based precedents.

by Robert L. Tsai via Made By History on January 30, 2019

When King was Dangerous

He's remembered as a person of conscience who carefully broke unjust laws. But his challenges to state authority place him in a much different tradition: radical labor activism.

by Alex Gourevitch via Jacobin on January 21, 2019

Truman Declared an Emergency When He Felt Thwarted. Trump Should Know: It Didn’t End Well.

Truman seized control of the country’s steel mills during the Korean War. It led to a landmark ruling by the Supreme Court.

by Steve Hendrix via Retropolis on January 11, 2019

Half the Land in Oklahoma Could be Returned to Native Americans. It Should Be.

A Supreme Court case about jurisdiction in an obscure murder has huge implications for tribes.

by Rebecca Nagle via Washington Post on November 28, 2018

“A Place to Die”: Law and Political Economy in the 1970s

What the substandard conditions at a Pittsburgh nursing home revealed about the choices made by lawmakers and judges.

by Karen Tani via LPE Project on October 18, 2018

Justice Oliver Wendell Holmes.

Progressives and the Court

A response to Samuel Moyn’s “Resisting the Juristocracy.”

by Andy Seal via U.S. Intellectual History Blog on October 8, 2018

Cruel and Usual

Proponents believe lethal injection to be a medical marvel, but in reality it’s junk science.

by Jackie Roche, Liliana Segura via The Nib on October 1, 2018

On the Supreme Court, Difficult Nominations Have Led to Historical Injustices

When it comes to partisan Supreme Court nominations, history repeats itself.

by Calvin Schermerhorn via The Conversation on September 28, 2018

“Young Appearance”: Assessing Age through Appearance in Early America

In early America, one's looks, rather than date of birth, often determined one's age.

by Holly N. S. White via The Junto on September 18, 2018

The Bosses' Constitution

How and why the First Amendment became a weapon for the right.

by Jedediah Britton-Purdy via The Nation on September 12, 2018

The Supreme Court Is Headed Back to the 19th Century

The justices again appear poised to pursue a purely theoretical liberty at the expense of the lives of people of color.

by Adam Serwer via The Atlantic on September 4, 2018

On Richard Blackett’s "The Captive Quest for Freedom"

Five historians weigh in on a new book about the 1850 Fugitive Slave Act.

by Martha S. Jones, Jeffrey R. Kerr-Ritchie, Elizabeth R. Varon, H. Robert Baker, Hannah-Rose Murray, Simon Newman via Historians Against Slavery on August 2, 2018

How a Pivotal Voting Rights Act Case Broke America

In the five years since the landmark decision, the Supreme Court has set the stage for a new era of white hegemony.

by Vann R. Newkirk II via The Atlantic on July 10, 2018

The Struggle Over the Meaning of the 14th Amendment Continues

The fight over the 150-year old language in the Constitution is a battle for the very heart of the American republic.

by Garrett Epps via The Atlantic on July 10, 2018

Manuscript of the Fourteenth Amendment.

We Should Embrace the Ambiguity of the 14th Amendment

A hundred and fifty years after its ratification, some of its promises remain unfulfilled—but one day it may still be interpreted anew.

by Eric Foner via The Nation on July 9, 2018

Demonstrators protesting Trump's immigration policy toward Muslims outside the Supreme Court.

How To Resist Bad Supreme Court Rulings

What Dred Scott teaches us about thwarting bad law.

by Martha S. Jones via Made By History on July 6, 2018

How Corporations Won Their Civil Rights

The Court got it right—but it's not a conclusion we should be entirely comfortable with.

by Robert VerBruggen via The American Conservative on July 3, 2018

Court-Packing is the Democrats’ Nuclear Option for the Supreme Court

Why an FDR plan from the 1930s is suddenly popular again.

by Dylan Matthews via Vox on July 2, 2018

Pretending Not to Discriminate in the Name of National Security

America has always discriminated in the name of national security. It’s just gotten better at pretending it’s not.

by Paul A. Kramer via Slate on June 29, 2018

The Last of the Small-Town Lawyers

Justice Anthony Kennedy’s retirement marks the end of an era on the Supreme Court—and a turn toward hard-edged partisanship.

by Garrett Epps via The Atlantic on June 27, 2018

The Birth of the Brady Rule: How a Botched Robbery Led to a Legal Landmark

Every law student knows John Brady’s name. But few know the story of the bumbling murder that ended in a landmark legal ruling.

by Thomas L. Dybdahl via The Marshall Project on June 24, 2018

How Birth Certificates Are Being Weaponized Against Trans People

A century ago, these documents were used to reinforce segregation. Today, they’re being used to impose binary identities on transgender people.

by Garrett Epps via The Atlantic on June 8, 2018

Artificial Persons

The long road to "Citizens United."

by David Cole via The Nation on June 6, 2018

Bearing Arms vs. Hunting Bears

The persistence of a mythic second amendment in contemporary Constitutional culture.

by Saul Cornell via The Panorama on June 4, 2018

Children working a machine in a textile mill.

The Campaign for Child Labor

Why did David Clark campaign to keep kids working in the early 20th century? For one thing, it benefited his interests.

by Livia Gershon, Bart Dredge via JSTOR Daily on May 28, 2018

The Court’s Supreme Injustice

How John Marshall, Joseph Story, and Roger Taney strengthened the institution of slavery and embedded in the law a systemic hostility to fundamental freedom and basic justice.

by Allen Mendenhall via Los Angeles Review of Books on May 24, 2018

The Only Way to Find Out If the President Can Be Indicted

Scholars disagree on existing precedents—and the question won’t be settled until evidence leads a prosecutor to try it.

by Garrett Epps via The Atlantic on May 23, 2018

A Forgotten War on Women

Scott W. Stern’s book documents a decades-long program to incarcerate “promiscuous” women.

by Kim Kelly via The New Republic on May 22, 2018

The Rise of the Victims’-Rights Movement

How a conservative agenda and a feminist cause came together to transform criminal justice.

by Jill Lepore via The New Yorker on May 15, 2018

The 1919 Murder Case That Gave Americans the Right to Remain Silent

Decades before the Miranda decision, a Washington triple-homicide paced the way to protect criminal suspects.

by Scott D. Seligman via Zócalo Public Square on April 30, 2018

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