The demise of the Confederacy left a legacy of legal arrangements that raised fundamental and vexing questions regarding the legal rights and status of former slaves and the status of former Confederate states. As Harold Hyman shows, few individuals had greater impact on resolving these difficult questions than Salmon P. Chase, chief justice of the United States Supreme Court from 1865 to 1873. Hyman argues that in two cases--In Re Turner (1867) and Texas v. White (1869)--Chase combined his abolitionist philosophy with an activist jurisprudence to help dismantle once and for...
The demise of the Confederacy left a legacy of legal arrangements that raised fundamental and vexing questions regarding the legal rights and status o...
In late seventeenth-century New England, the eternal battle between God and Satan was brought into the courtroom. Between January 1692 and May 1693 in Salem, Massachusetts, neighbors turned against neighbors and children against parents with accusations of witchcraft, and nineteen people were hanged for having made pacts with the devil. Peter Charles Hoffer, a historian long familiar with the Salem witchcraft trials, now reexamines this notorious episode in American history and presents many of its legal details in correct perspective for the first time. He tells the real story of how...
In late seventeenth-century New England, the eternal battle between God and Satan was brought into the courtroom. Between January 1692 and May 1693 in...
The tension between free speech and social stability has been a central concern throughout American history. In the 1960s that concern reached a fever pitch with the anti-Vietnam War movement. When anti-war sentiment "invaded" American schools, official resolve to retain order in the classroom vied with the rights of students to speak freely. A key event in that face-off was the Supreme Court decision in Tinker v. Des Moines. In 1965, five public school students in Des Moines-including John Tinker, a Methodist minister's son-protested the Vietnam War by wearing black armbands in defiance...
The tension between free speech and social stability has been a central concern throughout American history. In the 1960s that concern reached a fever...
Lochner v. New York (1905), which pitted a conservative activist judiciary against a reform-minded legislature, remains one of the most important and most frequently cited cases in Supreme Court history. In this concise and readable guide, Paul Kens shows us why the case remains such an important marker in the ideological battles between the free market and the regulatory state. The Supreme Court's decision declared unconstitutional a New York State law limiting bakery workers to no more than ten hours per day or sixty hours per week. By evoking its "police power," the state hoped...
Lochner v. New York (1905), which pitted a conservative activist judiciary against a reform-minded legislature, remains one of the most importa...
In the Chicago suburb of Skokie, one out of every six Jewish citizens in the late 1970s was a survivor--or was directly related to a survivor--of the Holocaust. These victims of terror had resettled in America expecting to lead peaceful lives free from persecution. But their safe haven was shattered when a neo-Nazi group announced its intention to parade there in 1977. Philippa Strum's dramatic retelling of the events in Skokie (and in the courts) shows why the case ignited such enormous controversy and challenged our understanding of and commitment to First Amendment values. The debate...
In the Chicago suburb of Skokie, one out of every six Jewish citizens in the late 1970s was a survivor--or was directly related to a survivor--of the ...
When the American Railway Union went on strike against the Pullman Palace Car Company in 1894, it set into motion a chain of events whose repercussions are still felt today. The strike pitted America's largest industrial union against twenty-four railroads, paralyzed rail traffic in half the country, and in the end was broken up by federal troops and suppressed by the courts, with union leader Eugene Debs incarcerated. But behind the Pullman case lay a conflict of ideologies at a watershed time in our nation's history. David Ray Papke reexamines the events and personalities surrounding...
When the American Railway Union went on strike against the Pullman Palace Car Company in 1894, it set into motion a chain of events whose repercussion...
In two 1997 decisions, the Supreme Court ruled that there is no constitutional right to physician-assisted suicide. Yet for many people this concept strikes to the heart of our sense of liberty even as it tugs at our hearts in the face of human suffering. Lethal Judgments examines those cases, the law surrounding the plaintiffs' claims, and the moral debate over physician-assisted suicide. A concise and gracefully written overview of one of the most complex and contentious areas of American law, it lays out the conflict between individuals supporting privacy rights, due process,...
In two 1997 decisions, the Supreme Court ruled that there is no constitutional right to physician-assisted suicide. Yet for many people this concept s...
Twice denied admission to a California medical school despite better grades and test scores than successful minority applicants, Allan Bakke took his grievance to court and set off a major controversy over affirmative action. Bakke claimed that he was a victim of reverse discrimination, and his case has been considered by many as the most important civil rights decision since the end of segregation--and also one of the most difficult ever heard by the Supreme Court. Howard Ball now reviews the many issues raised by this case that placed affirmative action on trial. He examines the law and...
Twice denied admission to a California medical school despite better grades and test scores than successful minority applicants, Allan Bakke took his ...
In a free society where it often seems nothing is sacred, many feel that one thing at least should be: that despite constitutional guarantees of free speech, it should be illegal to desecrate the American flag. For most Americans, no symbol is more charged with emotion, and incidents of its abuse have led many to declare that freedom of expression has its limits. When Gregory Lee Johnson burned a flag as part of a political protest, he was convicted for flag desecration under Texas law, but the Texas Court of Criminal Appeals reversed the conviction on First Amendment grounds and the...
In a free society where it often seems nothing is sacred, many feel that one thing at least should be: that despite constitutional guarantees of free ...
The Supreme Court's controversial decision in Oregon v. Smith sharply departed from previous expansive readings of the First Amendment's religious freedom clause and ignited a firestorm of protest from legal scholars, religious groups, legislators, and Native Americans. Carolyn Long provides the first book-length analysis of Smith and shows why it continues to resonate so deeply in the American psyche. In 1983, Klamath Indian Alfred Smith and his co-worker Galen Black were fired as counselors from a drug rehabilitation agency for using peyote, a controlled substance under Oregon law, in a...
The Supreme Court's controversial decision in Oregon v. Smith sharply departed from previous expansive readings of the First Amendment's religious fre...