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Anti-death penalty protesters standing outside the Supreme Court.

The Hollowing of the Eighth Amendment

The Supreme Court’s Republican majority has been quietly rolling back a longstanding consensus over cruel and unusual punishment.
Sticker showing the slogan: "Reparations Now!" and photo of Tulsa burning.

What’s Really at Stake in The Tulsa Race Massacre Reparations Trial

With over 100 lawsuits dismissed, a last-ditch effort is underway to force the city to put into legal record what happened after that day.
Collage of plantation logbooks superimposed over photos of enslaved people.

A Racist Scientist Commissioned Photos of Enslaved People. One Descendant Wants to Reclaim Them.

There's no clear system in place to repatriate remains of captive Africans or objects associated with them.
Barack Obama presents Sylvia Mendez with the Medal of Freedom in 2010.

How an 8-Year-Old Hispanic Girl Paved the Way for Desegregation

Sylvia Mendez’s role in setting the stage for Brown v. Board of Education has been forgotten and overlooked.
Robert E. Lee.

Disqualifying Trump via Section Three of the Fourteenth Amendment

A bad history.
Protesters outside the United States Supreme Court.

What Tocqueville Saw in the Courts

Tocqueville understood how constitutional review, without meaningful checks, could enable judicial despotism.
Stop Cop City Poster, Defend the Atlanta Forest

RICO and Stop Cop City: The Long War Against the Left 

When it comes to the left, the state uses RICO to criminalize radicals as thieves and separate them from a broader base of support.
A microphone animated as a black snake.

The Dark Side of Defamation Law

A revered Supreme Court ruling protected the robust debate vital to democracy—but made it harder to constrain misinformation. Can we do better?
Illustration of the Supreme Court and a school house mirroring each other. The Supreme Court sits atop a dollar bill, and the school house is upside down on the other side of the bill.

The Racist Idea that Changed American Education

How a landmark Supreme Court decision was shaped by the racist idea that poor children can’t learn.
Bernard Lynch's slave pen in St. Louis, with many potential buyers standing outside.

The Remarkable Story of Mattie J. Jackson

Her narrative documents the very real dangers enslaved runaways experienced while traveling through so-called "free states" of the North.
Abandoned school bus with broken windows.

White Flight In Noxubee County: Why School Integration Never Happened

After the U.S Supreme Court forced school integration in early 1970, white families fled to either racist Central Academy or new Mennonite schools.
A police officer stands with another officer in front of a house, as a hand holding a speculum appears in the foreground.

How Women Were Made to Suffer for Their Abortions Before Roe v. Wade

Interrogated, examined, blackmailed: how law enforcement treated abortion-seeking women before Roe.
Protestor holds 'Dismantle White Supremacy' sign at Civil War statue
partner

The Historical Preservation Law That Obscures History

At the South Carolina State House, the history of Reconstruction has been systemically erased from view.
Undocumented students in support of DACA
partner

Biden Will Allow Undocumented Students To Access Pandemic Relief

For decades, policymakers have debated who may access public education and the social safety net.

The African-American Midwest

The Midwest's long history as an epicenter in the fight for racial justice is one of the nation's most amazing, important, yet overlooked stories.

The Dark History of School Choice

How an argument for segregated schools became a rallying cry for privatizing public education.
Profile sketch of a court justice, 18th century (National Parks Service)

A Brief History of Circuit Riding

The study of circuit riding helps to highlight the importance of the lower federal courts in American legal history.

The Great Debate: Martin Luther King, Jr. vs Robert F. Williams

In 1959 there was a public debate on violence vs nonviolence in the pages of The Liberator magazine between Martin Luther King, Jr. and Robert F. Williams.
Prosecutor Linda Fairstein, left, during a news conference in New York on March 26, 1988. Seated at the table next to her are District Attorney Robert Morgenthau and Ellen Levin, mother of Jennifer Levin, who was murdered in 1986. (Charles Wenzelberg/AP)
partner

Linda Fairstein is Under Fire for the Central Park Five. But Another Part of Her Career Deserves Greater Scrutiny

By targeting sex workers, she enacted policies that harmed the most vulnerable women.
Front page of the New York Daily News about Vivien Gordon's murder.

The 1930s Investigation That Took Down New York's Mayor—and Then Tammany Hall

When FDR found out how beholden New York politicians were to mobsters, he ordered the Seabury commission to investigate.
Chidren playing in a playground.

Children and Childhood

How changing gender norms and conceptions of childhood shaped modern child custody laws.
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.

The Unacknowledged Lesson: Earl Warren and the Japanese Relocation Controversy

Though best known for his dedication to civil rights as Chief Justice, Earl Warren was a key figure behind Japanese internment in California - and stood by it.

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