Migra!: A History of the U.S. Border Patrol


Kelly Lytle Hernández - 2010
    To tell this story, Kelly Lytle Hernández dug through a gold mine of lost and unseen records stored in garages, closets, an abandoned factory, and in U.S. and Mexican archives. Focusing on the daily challenges of policing the borderlands and bringing to light unexpected partners and forgotten dynamics, Migra! reveals how the U.S. Border Patrol translated the mandate for comprehensive migration control into a project of policing Mexicans in the U.S.-Mexico borderlands.

Trumped Up: How Criminalization of Political Differences Endangers Democracy


Alan M. Dershowitz - 2017
    The professor is uniquely capable of arguing a position, while putting a premium on legal and ethical legitimacy, not its popularity. Bravo, Dershowitz!" – Chris Cuomo, anchor and reporter, CNN"This collection shows Alan Dershowitz at his best—passionate, fearless, and occasionally very wrong." – Jeffrey Toobin, bestselling author of The Nine, Too Close to Call, A Vast Conspiracy, and The Run of His Life. "Alan Dershowitz doesn’t twist the constitution to fit an agenda. He tells you what it REALLY means. That’s why he has always been my go-to guy on the law and the Constitution." – Greta Van Susteren, former anchor at CNN, Fox News Channel, and MSNBC"This book will reinforce Alan Dershowitz’s well-earned reputation as a brilliant legal analyst who, although often swimming against the established current, is usually right. Dershowitz substitutes his trenchant legal analysis for the wishful thinking and self-aggrandizing moral superiority that is presented by many in the academy and media, as well as Trump’s political opponents. Dershowitz’s arguments should cause all rational citizens to take a deep breath and recognize, as Dershowitz demonstrates, that Trump may be many things, but, under current law and the known evidence, the President is not a criminal. His analysis seems flawless to me." – Harvey A. Silverglate, Criminal and civil liberties lawyer, author of Three Felonies a Day: How the Feds Target the InnocentIn our current age of hyper-partisan politics, nearly everyone takes sides. This is especially true with regard to the Trump presidency. It has become difficult to have a reasonable discussion about the most controversial president in our recent history. For Trump zealots, their president has not only committed no crimes, he has done nothing wrong. For anti-Trump zealots, nothing Trump has done—even in foreign policy—is good. Everything he has done is wrong, and since it is wrong, it must necessarily be criminal. This deeply undemocratic fallacy—that political sins must be investigated and prosecuted as criminal—is an exceedingly dangerous trend.Hardening positions on both sides has been manifested by increasing demands to criminalize political differences. Both sides scream “lock ‘em up” instead of making substantive criticisms of opposing views.The real fear, as Alan Dershowitz argues, in this compelling collection, is that we have weakened our national commitment to civil liberties as the Left becomes ever more intolerant and the Right slips into authoritarian rhetoric. The vibrant center is weakening, with traditional liberalism and conservatism becoming further apart, not just in approach, but in their respect for Constitutional norms that have served us well for more than two centuries.While Donald Trump is not the only cause of this profound division, his election drew it to the surface and made it the dominant paradigm of political debate. Unless we as a nation begin to focus again on what unites us rather than on what divides us, America might not survive the next decade.

The Chickenshit Club: Why the Justice Department Fails to Prosecute Executives


Jesse Eisinger - 2017
    The Chickenshit Club—an inside reference to prosecutors too scared of failure and too daunted by legal impediments to do their jobs—explains why in “an absorbing financial history, a monumental work of journalism…a first-rate study of the federal bureaucracy” (Bloomberg Businessweek).Jesse Eisigner begins the story in the 1970s, when the government pioneered the notion that top corporate executives, not just seedy crooks, could commit heinous crimes and go to prison. He brings us to trading desks on Wall Street, to corporate boardrooms and the offices of prosecutors and FBI agents. These revealing looks provide context for the evolution of the Justice Department’s approach to pursuing corporate criminals through the early 2000s and into the Justice Department’s approach to pursuing corporate criminals through the early 2000s and into the Justice Department of today, including the prosecutorial fiascos, corporate lobbying, trial losses, and culture shifts that have stripped the government of the will and ability to prosecute top corporate executives.“Brave and elegant….a fearless reporter…Eisinger’s important and profound book takes no prisoners (The Washington Post). Exposing one of the most important scandals of our time, The Chickenshit Club provides a clear, detailed explanation as to how our Justice Department has come to avoid, bungle, and mismanage the fight to bring these alleged criminals to justice. “This book is a wakeup call…a chilling read, and a needed one” (NPR.org).

The Second Founding: How the Civil War and Reconstruction Remade the Constitution


Eric Foner - 2019
    The Reconstruction amendments abolished slavery, guaranteed due process and the equal protection of the law, and equipped black men with the right to vote. The federal government, not the states, was put in charge of enforcement. By grafting the principle of equality onto the Constitution, the amendments marked the second founding of the United States.Eric Foner’s rich, insightful history conveys the dramatic origins of these revolutionary amendments in citizen meetings and political negotiations. He explores the momentous court decisions that then narrowed and even nullified the rights guaranteed in these amendments. Today, issues of birthright citizenship, voting rights, due process, and equal protection are still in dispute, the ideal of equality yet to be achieved.

Undocumented: How Immigration Became Illegal


Aviva Chomsky - 2014
    With a focus on US policy, she probes how people, especially Mexican and Central Americans, have been assigned this status—and to what ends. Blending history with human drama, Chomsky explores what it means to be undocumented in a legal, social, economic, and historical context. The result is a powerful testament of the complex, contradictory, and ever-shifting nature of status in America.

Chain of Title: How Three Ordinary Americans Uncovered Wall Street's Great Foreclosure Fraud


David Dayen - 2016
    They called it foreclosure fraud: millions of families were kicked out of their homes based on false evidence by mortgage companies that had no legal right to foreclose.Lisa Epstein, Michael Redman, and Lynn Szymoniak did not work in government or law enforcement. They had no history of anticorporate activism. Instead they were all foreclosure victims, and while struggling with their shame and isolation they committed a revolutionary act: closely reading their mortgage documents, discovering the deceit behind them, and building a movement to expose it.Fiscal Times columnist David Dayen recounts how these ordinary Floridians challenged the most powerful institutions in America armed only with the truth—and for a brief moment they brought the corrupt financial industry to its knees.

Landmark Judgments That Changed India


Asok Kumar Ganguly - 2015
    Of these, it is the judiciary’s task to uphold constitutional values and ensure justice for all. The interpretation and application of constitutional values by the judicial system has had far-reaching impact, often even altering provisions of the Constitution itself. Although our legal system was originally based on the broad principles of the English common law, over the years it has been adapted to Indian traditions and been changed, for the better, by certain landmark verdicts.In Landmark Judgments that Changed India, former Supreme Court judge and eminent jurist Asok Kumar Ganguly analyses certain cases that led to the formation of new laws and changes to the legal system. Discussed in this book are judgments in cases such as Kesavananda Bharati v. State of Kerala that curtailed the power of Parliament to amend the Constitution; Maneka Gandhi v. Union of India and Others that defined personal liberty; and Golaknath v. State of Punjab, where it was ruled that amendments which infringe upon fundamental rights cannot be passed.Of special significance for law students and practitioners, this book is also an ideal guide for anyone interested in the changes made to Indian laws down the years, and the evolution of the judicial system to what it is today.

Ordinary Injustice: How America Holds Court


Amy Bach - 2009
    Less visible is the chronic injustice meted out daily by a profoundly defective system.In a sweeping investigation that moves from small-town Georgia to upstate New York, from Chicago to Mississippi, Amy Bach reveals a judicial process so deeply compromised that it constitutes a menace to the people it is designed to serve. Here is the public defender who pleads most of his clients guilty; the judge who sets outrageous bail for negligible crimes; the prosecutor who brings almost no cases to trial; the court that works together to achieve a wrong verdict. Going beyond the usual explanations of bad apples and meager funding, Bach identifies an assembly-line approach that rewards shoddiness and sacrifices defendants to keep the court calendar moving, and she exposes the collusion between judge, prosecutor, and defense that puts the interests of the system above the obligation to the people. It is time, Bach argues, to institute a new method of checks and balances that will make injustice visible--the first and necessary step to any reform.Full of gripping human stories, sharp analyses, and a crusader's sense of urgency, "Ordinary Injustice" is a major reassessment of the health of the nation's courtrooms.

Hiding in Plain Sight: The Invention of Donald Trump and the Erosion of America


Sarah Kendzior - 2020
    His anti-democratic movement is the culmination of a decades-long breakdown of U.S. institutions. The same blindness to U.S. decline – particularly the loss of economic stability for the majority of the population and opportunity-hoarding by the few – is reflected in an unwillingness to accept that authoritarianism can indeed thrive in the so-called “home of the free”.As Americans struggle to reconcile the gulf between a flagrant aspiring autocrat and the democratic precepts they had been told were sacred and immutable, the inherent fragility of American democracy has been revealed. Hiding in Plain Sight exposes this continual loss of freedom, the rise of consolidated corruption, and the secrets behind a burgeoning autocratic United States that have been hiding in plain sight for decades. In Kendzior’s signature and celebrated style, she expertly outlines Trump’s meteoric rise from the 1980s until today, interlinking key moments of his life with the degradation of the American political system and the continual erosion of our civil liberties by foreign powers.Kendzior also offers a never-before-seen look at her personal life and her lifelong tendency to be in the wrong place at the wrong time – living in New York through 9/11 and in St. Louis during the Ferguson uprising, and researching media and authoritarianism when Trump emerged using the same tactics as the post-Soviet dictatorships she had long studied.Hiding in Plain Sight is about confronting injustice – an often agonizing process, but an honest and necessary one – as the only way that offers the possibility of ending it.

The Making of Asian America: A History


Erika Lee - 2015
    But as award-winning historian Erika Lee reminds us, Asian Americans also have deep roots in the country. The Making of Asian America tells the little-known history of Asian Americans and their role in American life, from the arrival of the first Asians in the Americas to the present-day.An epic history of global journeys and new beginnings, this book shows how generations of Asian immigrants and their American-born descendants have made and remade Asian American life in the United States: sailors who came on the first trans-Pacific ships in the 1500s; indentured “coolies” who worked alongside African slaves in the Caribbean; and Chinese, Japanese, Filipino, Korean, and South Asian immigrants who were recruited to work in the United States only to face massive racial discrimination, Asian exclusion laws, and for Japanese Americans, incarceration during World War II. Over the past fifty years, a new Asian America has emerged out of community activism and the arrival of new immigrants and refugees. No longer a “despised minority,” Asian Americans are now held up as America’s “model minorities” in ways that reveal the complicated role that race still plays in the United States.Published to commemorate the fiftieth anniversary of the passage of the United States’ Immigration and Nationality Act of 1965 that has remade our “nation of immigrants,” this is a new and definitive history of Asian Americans. But more than that, it is a new way of understanding America itself, its complicated histories of race and immigration, and its place in the world today.

We the Corporations: How American Businesses Won Their Civil Rights


Adam Winkler - 2018
    Hardly oppressed like women and minorities, business corporations, too, have fought since the nation’s earliest days to gain equal rights under the Constitution—and today have nearly all the same rights as ordinary people.Exposing the historical origins of Citizens United and Hobby Lobby, Adam Winkler explains how those controversial Supreme Court decisions extending free speech and religious liberty to corporations were the capstone of a centuries-long struggle over corporate personhood and constitutional protections for business. Beginning his account in the colonial era, Winkler reveals the profound influence corporations had on the birth of democracy and on the shape of the Constitution itself. Once the Constitution was ratified, corporations quickly sought to gain the rights it guaranteed. The first Supreme Court case on the rights of corporations was decided in 1809, a half-century before the first comparable cases on the rights of African Americans or women. Ever since corporations have waged a persistent and remarkably fruitful campaign to win an ever-greater share of individual rights.Although corporations never marched on Washington, they employed many of the same strategies of more familiar civil rights struggles: civil disobedience, test cases, and novel legal claims made in a purposeful effort to reshape the law. Indeed, corporations have often been unheralded innovators in constitutional law, and several of the individual rights Americans hold most dear were first secured in lawsuits brought by businesses.Winkler enlivens his narrative with a flair for storytelling and a colorful cast of characters: among others, Daniel Webster, America’s greatest advocate, who argued some of the earliest corporate rights cases on behalf of his business clients; Roger Taney, the reviled Chief Justice, who surprisingly fought to limit protections for corporations—in part to protect slavery; and Roscoe Conkling, a renowned politician who deceived the Supreme Court in a brazen effort to win for corporations the rights added to the Constitution for the freed slaves. Alexander Hamilton, Teddy Roosevelt, Huey Long, Ralph Nader, Louis Brandeis, and even Thurgood Marshall all played starring roles in the story of the corporate rights movement.In this heated political age, nothing can be timelier than Winkler’s tour de force, which shows how America’s most powerful corporations won our most fundamental rights and turned the Constitution into a weapon to impede the regulation of big business.

How Democracies Die: What History Reveals About Our Future


Steven Levitsky - 2018
    Democracy no longer ends with a bang--in a revolution or military coup--but with a whimper: the slow, steady weakening of critical institutions, such as the judiciary and the press, and the gradual erosion of long-standing political norms. The good news is that there are several exit ramps on the road to authoritarianism. The bad news is that, by electing Trump, we have already passed the first one.Drawing on decades of research and a wide range of historical and global examples, from 1930s Europe to contemporary Hungary, Turkey, and Venezuela, to the American South during Jim Crow, Levitsky and Ziblatt show how democracies die--and how ours can be saved.

Crabgrass Frontier: The Suburbanization of the United States


Kenneth T. Jackson - 1985
    Integrating social history with economic and architectural analysis, and taking into account such factors as the availability of cheap land, inexpensive building methods, and rapid transportation, Kenneth Jackson chronicles the phenomenal growth of the American suburb from the middle of the 19th century to the present day. He treats communities in every section of the U.S. and compares American residential patterns with those of Japan and Europe. In conclusion, Jackson offers a controversial prediction: that the future of residential deconcentration will be very different from its past in both the U.S. and Europe.

Impeachment: A Citizen's Guide


Cass R. Sunstein - 2019
    Preserving the Constitution and the democratic system it supports is the public's responsibility. One route the Constitution provides for discharging that duty--a route rarely traveled--is impeachment.Harvard Law professor Cass R. Sunstein provides a succinct citizen's guide to this essential tool of self-government. Taking us deeper than mere partisan politics, he illuminates the constitutional design behind impeachment and emphasizes the people's role in holding presidents accountable. In spite of the loud national debate between pundits and politicians alike over whether or not to impeach Trump, impeachment remains widely misunderstood. Sunstein identifies and corrects a number of common misconceptions. For example, he shows how the Constitution, not the House of Representatives, establishes grounds for impeachment, and that the president can be impeached for abuses of power that do not violate the law. Even neglect of duty counts among the "high crimes and misdemeanors" delineated in the republic's foundational document. Sunstein describes how impeachment helps make sense of our constitutional order, particularly the framers' controversial decision to install an empowered executive in a nation deeply fearful of kings.With an eye toward the past and the future, Impeachment: A Citizen's Guide considers a host of actual and imaginable arguments for a president's removal, explaining why some cases are easy and others hard, why some arguments for impeachment have been judicious and others not. And with an appendix on the Mueller report, it puts the current national debate in its proper historical context. In direct and approachable terms, it dispels the fog surrounding impeachment so that Americans of all political convictions may use their ultimate civic authority wisely.

Migrating to Prison: America's Obsession With Locking Up Immigrants


César Cuauhtémoc García Hernández - 2019
    Yet over the last thirty years, the federal and state governments have increasingly tapped their powers to incarcerate people accused of violating immigration laws. As a result, almost 400,000 people annually now spend some time locked up pending the result of a civil or criminal immigration proceeding.In Migrating to Prison, leading scholar César Cuauhtémoc García Hernández takes a hard look at the immigration prison system’s origins, how it currently operates, and why. He tackles the emergence of immigration imprisonment in the mid-1980s, with enforcement resources deployed disproportionately against Latinos, and he looks at both the outsized presence of private prisons and how those on the political right continue, disingenuously, to link immigration imprisonment with national security risks and threats to the rule of law.Interspersed with powerful stories of people caught up in the immigration imprisonment industry, including children who have spent most of their lives in immigrant detention, Migrating to Prison is an urgent call for the abolition of immigration prisons and a radical reimagining of the United States: who belongs and on what criteria is that determination made?