After all, the First Amendment proudly proclaims that Congress can make no law abridging the freedom of speech. But well into the twentieth century, that right was still an unfulfilled promise, with Americans regularly imprisoned merely for protesting government policies. Indeed, our current understanding of free speech comes less from the First Amendment itself than from a most unlikely man: the Supreme Court justice Oliver Wendell Holmes. A lifelong conservative, he disdained all individual rights. Yet in 1919, it was Holmes who wrote a court opinion that became a canonical statement for free speech as we know it.Why did Holmes change his mind? That question has puzzled historians for almost a century. Now, with the aid of newly discovered letters and memos, the law professor Thomas Healy reconstructs in vivid detail Holmes’s journey from free-speech skeptic to First Amendment hero. It is the story of a remarkable behind-the-scenes campaign by a group of progressives to bring a legal icon around to their way of thinking—and a deeply touching human narrative of an old man saved from loneliness and despair by a few unlikely young friends.Beautifully written and exhaustively researched, The Great Dissent is intellectual history at its best, revealing how free debate can alter the life of a man and the legal landscape of an entire nation.

    On assignment, she documents internet humor at the end of the world, hoping along the way to find the final resting place of her wife and daughter. What she uncovers, hidden amid spiraling memes and twitter jokes in an archive of the internet's remnants, are references to an enigmatic figure known only as Birdcrash, who may hold the key to an uncertain future.

    With each new fire, panicked whites saw more evidence of a slave uprising. In the end, thirteen black men were burned at the stake, seventeen were hanged and more than one hundred black men and women were thrown into a dungeon beneath City Hall. In New York Burning, Bancroft Prize-winning historian Jill Lepore recounts these dramatic events, re-creating, with path-breaking research, the nascent New York of the seventeenth century. Even then, the city was a rich mosaic of cultures, communities and colors, with slaves making up a full one-fifth of the population. Exploring the political and social climate of the times, Lepore dramatically shows how, in a city rife with state intrigue and terror, the threat of black rebellion united the white political pluralities in a frenzy of racial fear and violence.

    Supreme Court’s epochal decision outlawing racial segregation and the centerpiece of African-Americans’ ongoing crusade for equal justice under law.The 1954 Supreme Court ruling in the case of Brown v. Board of Education brought centuries of legal segregation in this country to an end. It was and remains, beyond question, one of the truly significant events in American history, “probably the most important American government act of any kind since the Emancipation Proclamation,” in the view of constitutional scholar Louis H. Pollak. The Brown decision climaxed a long, torturous battle for black equality in education, making hard law out of vague principles and opening the way for the broad civil rights upheavals of the 1960s and beyond.Simple Justice is the story of that battle. Richard Kluger traces the background of the epochal decision, from its remote legal and cultural roots to the complex personalities of those who brought about its realization. The result is a landmark work of popular history, graceful and fascinatingly detailed, the panoramic account of a struggle for human dignity in process since the birth of the nation.Here is the human drama, told in all its dimensions, of the many plaintiffs, men, women, and children, variously scared or defiant but always determined, who made the hard decision to proceed – bucking the white power structure in Topeka, Kansas; braving night riders in rural South Carolina; rallying fellow high school students in strictly segregated Prince Edward County, Virginia – and at a dozen other times and places showing their refusal to accept defeat.Here, too, is the extraordinary tale, told for the first time, of the black legal establishment, forced literally to invent itself before it could join the fight, then patiently assembling, in courtroom after courtroom, a body of law that would serve to free its people from thralldom to unjust laws. Heroes abound, some obscure, like Charles Houston (who built Howard Law School into a rigorous academy for black lawyers) and the Reverend J.A. DeLaine (the minister-teacher who, despite bitter opposition, organized and led the first crucial fight for educational equality in the Jim Crow South), others like Thurgood Marshall, justly famous – but all of whose passionate devotion proved intense enough to match their mission.Reading Simple Justice, we see how black Americans’ groundswell urge for fair treatment collides with the intransigence of white supremacists in a grinding legal campaign that inevitably found its way to the halls and chambers of the Supreme Court for a final showdown. Kluger searches out and analyzes what went on there during the months of hearings and deliberations, often behind closed doors, laying bare the doubts, disagreements, and often deeply held convictions of the nine Justices. He shows above all how Chief Justice Earl Warren, new to the Court but old in the ways of politics, achieved the impossible – a unanimous decision to reverse the 58-year-old false doctrine of “separate but equal” education for blacks. Impeccably researched and elegantly written, this may be the most revealing report ever published of America’s highest court at work.Based on extensive interviews and both published and unpublished documentary sources, Simple Justice has the lineaments of an epic. It will stand as the classic study of a turning point in our history.

    Posner offers in this new book a unique and, to orthodox legal thinkers, a startling perspective on how judges and justices decide cases. When conventional legal materials enable judges to ascertain the true facts of a case and apply clear pre-existing legal rules to them, Posner argues, they do so straightforwardly; that is the domain of legalist reasoning. However, in non-routine cases, the conventional materials run out and judges are on their own, navigating uncharted seas with equipment consisting of experience, emotions, and often unconscious beliefs. In doing so, they take on a legislative role, though one that is confined by internal and external constraints, such as professional ethics, opinions of respected colleagues, and limitations imposed by other branches of government on freewheeling judicial discretion.Occasional legislators, judges are motivated by political considerations in a broad and sometimes a narrow sense of that term. In that open area, most American judges are legal pragmatists. Legal pragmatism is forward-looking and policy-based. It focuses on the consequences of a decision in both the short and the long term, rather than on its antecedent logic. Legal pragmatism so understood is really just a form of ordinary practical reasoning, rather than some special kind of legal reasoning.Supreme Court justices are uniquely free from the constraints on ordinary judges and uniquely tempted to engage in legislative forms of adjudication. More than any other court, the Supreme Court is best understood as a political court.

    In this ever-deepening American tragedy, Stuart Taylor Jr. and KC Johnson argue, law enforcement, a campaigning prosecutor, biased journalists, and left-leaning academics repeatedly refused to pursue the truth while scapegoats were made of these young men, recklessly tarnishing their lives. The story harbors multiple dramas, including the actions of a DA running for office; the inappropriate charges that should have been apparent to academics at Duke many months ago; the local and national media, who were so slow to take account of the publicly available evidence; and the appalling reactions of law enforcement, academia, and many black leaders. "Until Proven Innocent "is the only book that covers all five aspects of the case (personal, legal, academic, political, and media) in a comprehensive fashion. Based on interviews with key members of the defense team, many of the unindicted lacrosse players, and Duke officials, it is also the only book to include interviews with all three of the defendants, their families, and their legal teams. Taylor and Johnson's coverage of the Duke case was the earliest, most honest, and most comprehensive in the country, and here they take the idiocies and dishonesty of right- and left-wingers alike head on, shedding new light on the dangers of rogue prosecutors and police and a cultural tendency toward media-fueled travesties of justice. The context of the Duke case has vast import and contains likable heroes, unfortunate victims, and memorable villains--and in its full telling, it is captivating nonfiction with broad political, racial, and cultural relevance to our times.

    Amid growing awareness of police violence, individual Black men including Michael Brown, Eric Garner, Philando Castile, and Freddie Gray have been the focus of most media-driven narratives. Yet Black women, Indigenous women, and other women of color also face daily police violence. Invisible No More places the individual stories of women and girls such as Sandra Bland, Dajerria Becton, Mya Hall, and Rekia Boyd into broader contexts, centering women of color within conversations around the twin epidemics of police violence and mass incarceration. Invisible No More also documents the evolution of a movement for justice for women of color targeted by police that has been building for decades, largely in the shadows of mainstream campaigns for racial justice and police accountability. Informed by twenty years of research and advocacy by Black lesbian immigrant and police-misconduct attorney Andrea Ritchie, this groundbreaking work demands a sea change in how police violence is understood by mainstream media, policymakers, academics, and the general public, as well as a radical rethinking of our visions of safety and the means we devote to achieving it."

    Those in favor of welcoming more immigrants often cite humanitarian reasons, while those in favor of more restrictive laws argue the need to protect native citizens.But economist Bryan Caplan adds a new, compelling perspective to the immigration debate: He argues that opening all borders could eliminate absolute poverty worldwide and usher in a booming worldwide economy—greatly benefiting humanity.With a clear and conversational tone, exhaustive research, and vibrant illustrations by Zach Weinersmith, Open Borders makes the case for unrestricted immigration easy to follow and hard to deny.

    Drawing on their collective decades of work on civil rights issues as well as personal histories of rising from poverty and oppression, these leading lights of the legal profession and the fight for racial justice talk about the importance of reclaiming the racial narrative and keeping our eyes on the horizon as we work for justice in an unjust time.Covering topics as varied as "the commonality of pain," "when lawyers are heroes," and the concept of an "equality dividend" that is due to people of color for helping America brand itself internationally as a country of diversity and acceptance, Ifill, Lynch, Stevenson, and Thompson also explore topics such as "when did 'public' become a dirty word" (hint, it has something to do with serving people of color), "you know what Jeff Sessions is going to say," and "what it means to be a civil rights lawyer in the age of Trump."Building on Stevenson's hugely successful Just Mercy, Lynch's national platform at the Justice Department, Ifill's role as one of the leading defenders of civil rights in the country, and the occasion of Thompson's launch of a new center of on race, inequality and the law at the NYU School of Law, A Perilous Path will speak loudly and clearly to everyone concerned about America's perpetual fault line.

    Davis has put the case for the latest abolition movement in American life: the abolition of the prison. As she quite correctly notes, American life is replete with abolition movements, and when they were engaged in these struggles, their chances of success seemed almost unthinkable. For generations of Americans, the abolition of slavery was sheerest illusion. Similarly,the entrenched system of racial segregation seemed to last forever, and generations lived in the midst of the practice, with few predicting its passage from custom. The brutal, exploitative (dare one say lucrative?) convict-lease system that succeeded formal slavery reaped millions to southern jurisdictions (and untold miseries for tens of thousands of men, and women). Few predicted its passing from the American penal landscape. Davis expertly argues how social movements transformed these social, political and cultural institutions, and made such practices untenable.In Are Prisons Obsolete?, Professor Davis seeks to illustrate that the time for the prison is approaching an end. She argues forthrightly for "decarceration", and argues for the transformation of the society as a whole.

    These essays shed light on some of the most perplexing and vexing issues of our day: affirmative action, the disparity between civil rights law and reality, the “racist outbursts” of some black leaders, the temptation toward violent retaliation, and much more.

    . . . Fluid, readable, strongly written, and thought-provoking--a must read for nonhistorians seeking a firm grasp of accurate American history. --Kirkus (starred review) In vivid, engaging prose, Sjursen shifts the lens and challenges readers to think critically and to apply common sense to their understanding of our nation's past--and present--so we can view history as never before.Written by a combat veteran of the wars in Iraq and Afghanistan, A True History of the United States grew out of a course that Daniel A. Sjursen taught to cadets at West Point, his alma mater. With chapter titles such as Patriots or Insurgents? and The Decade That Roared and Wept, A True History is accurate with respect to the facts and intellectually honest in its presentation and analysis.Sjursen exposes the dominant historical narrative as at best myth, and at times a lie . . . He brings out from the shadows those who struggled, often at the cost of their own lives, for equality and justice. Their stories, so often ignored or trivialized, give us examples of who we should emulate and who we must become. --Chris Hedges, author of Empire of Illusion and America: The Farewell Tour

    "I Am a Man" chronicles what happened when Standing Bear set off on a six-hundred-mile walk to return the body of his only son to their traditional burial ground. Along the way, it examines the complex relationship between the United States government and the small, peaceful tribe and the legal consequences of land swaps and broken treaties, while never losing sight of the heartbreaking journey the Ponca endured. It is a story of survival---of a people left for dead who arose from the ashes of injustice, disease, neglect, starvation, humiliation, and termination. On another level, it is a story of life and death, despair and fortitude, freedom and patriotism. A story of Christian kindness and bureaucratic evil. And it is a story of hope---of a people still among us today, painstakingly preserving a cultural identity that had sustained them for centuries before their encounter with Lewis and Clark in the fall of 1804.Before it ends, Standing Bear's long journey home also explores fundamental issues of citizenship, constitutional protection, cultural identity, and the nature of democracy---issues that continue to resonate loudly in twenty-first-century America. It is a story that questions whether native sovereignty, tribal-based societies, and cultural survival are compatible with American democracy. Standing Bear successfully used habeas corpus, the only liberty included in the original text of the Constitution, to gain access to a federal court and ultimately his freedom. This account aptly illuminates how the nation's delicate system of checks and balances worked almost exactly as the Founding Fathers envisioned, a system arguably out of whack and under siege today.Joe Starita's well-researched and insightful account reads like historical fiction as his careful characterizations and vivid descriptions bring this piece of American history brilliantly to life.

    The mounting allegations against Bill Cosby--more than 60 women have come forward to accuse him of similar crimes--and his ultimate conviction were a shock to Americans, who wanted to cleave to their image of Cosby as a pudding-pop hero. Award-winning journalist and former People magazine senior writer Nicki Weisensee Egan was the first reporter to dig into the story when Constand went to the police in 2005. Other news organizations looked away, but Egan doggedly investigated the case, developing ties with entrenched sources and discovering incriminating details that would ultimately come to influence the prosecution.In her debut book, Chasing Cosby, Egan shares her firsthand account of Cosby's 13-year run from justice. She tells us how Cosby planned and executed his crimes, and how Hollywood alliances and law enforcement knew what Cosby was doing but did nothing to stop him. A veteran crime reporter, Egan also explores the cultural and social issues that influenced the case, delving into the psychological calculations of a serial predator and into the psyche of a nation that fervently wanted to put their faith in the innocence of "American's Dad."Rich in character and rife with dramatic revelations about popular culture, media power, and our criminal system, Egan's account will inform and fascinate readers with its candid telling of humanity's most enduring tale: the rise and fall of a cultural icon.