Supreme Inequality: The Supreme Court's Fifty-Year Battle for a More Unjust America


Adam Cohen - 2020
    But when Warren announced his retirement in 1968, newly elected President Richard Nixon, who had been working tirelessly behind the scenes to put a stop to what he perceived as the Court's liberal agenda, had his new administration launch a total assault on the Warren Court's egalitarian victories, moving to dismantle its legacy and replace liberal justices with others more loyal to his views. During his six years in office, he appointed four justices to the Supreme Court, thereby setting its course for the next fifty years.In Supreme Inequality, Adam Cohen surveys the most significant Supreme Court rulings since Nixon and exposes how rarely the Court has veered away from a pro-corporate agenda. Contrary to what Americans might like to believe, the Court does not protect equally the rights of the poor and disadvantaged, and, in fact, hasn't for decades. Many of the greatest successes of the Warren Court, such as school desegregation, labor unions, voting rights, and class action suits, have been abandoned in favor of rulings that protect privileged Americans who tend to be white, wealthy, and powerful.As the nation comes to grips with two newly Trump-appointed justices, Cohen proves beyond doubt that the trajectory of today's Court is the result of decisions made fifty years ago, decisions that have contributed directly and grievously to our nation's soaring inequality. An triumph of American legal, political, and social history, Supreme Inequality holds to account the highest court in the land, and should shake to its core any optimistic faith we might have in it to provide checks and balances.

Punishment Without Crime: How Our Massive Misdemeanor System Traps the Innocent and Makes America More Unequal


Alexandra Natapoff - 2018
    Based on extensive original research, legal scholar Alexandra Natapoff reveals the inner workings of a massive petty offense system that produces over 13 million cases each year. People arrested for minor crimes are swept through courts where defendants often lack lawyers, judges process cases in mere minutes, and nearly everyone pleads guilty. This misdemeanor machine starts punishing people long before they are convicted; it punishes the innocent; and it punishes conduct that never should have been a crime. As a result, vast numbers of Americans--most of them poor and people of color--are stigmatized as criminals, impoverished through fines and fees, and stripped of drivers' licenses, jobs, and housing.For too long, misdemeanors have been ignored. But they are crucial to understanding our punitive criminal system and our widening economic and racial divides.

Brown V. Board of Education: A Civil Rights Milestone and Its Troubled Legacy


James T. Patterson - 2001
    Many people were elated when Supreme Court Chief Justice Earl Warren delivered Brown v. Board of Education of Topeka in May 1954, the ruling that struck down state-sponsored racial segregation in America's public schools. Thurgood Marshall, chief attorney for the black families that launched the litigation, exclaimed later, "I was so happy, I was numb." The novelist Ralph Ellison wrote, "another battle of the Civil War has been won. The rest is up to us and I'm very glad. What a wonderful world of possibilities are unfolded for the children!"Here, in a concise, moving narrative, Bancroft Prize-winning historian James T. Patterson takes readers through the dramatic case and its fifty-year aftermath. A wide range of characters animates the story, from the little-known African Americans who dared to challenge Jim Crow with lawsuits (at great personal cost); to Thurgood Marshall, who later became a Justice himself; to Earl Warren, who shepherded a fractured Court to a unanimous decision. Others include segregationist politicians like Governor Orval Faubus of Arkansas; Presidents Eisenhower, Johnson, and Nixon; and controversial Supreme Court justices such as William Rehnquist and Clarence Thomas.Most Americans still see Brown as a triumph--but was it? Patterson shrewdly explores the provocative questions that still swirl around the case. Could the Court--or President Eisenhower--have done more to ensure compliance with Brown? Did the decision touch off the modern civil rights movement? How useful are court-ordered busing and affirmative action against racial segregation? To what extent has racial mixing affected the academic achievement of black children? Where indeed do we go from here to realize the expectations of Marshall, Ellison, and others in 1954?

Locked In: The True Causes of Mass Incarceration and How to Achieve Real Reform


John F. Pfaff - 2017
    Yet today, though the US is home to only about 5 percent of the world's population, we hold nearly one quarter of its prisoners. Mass incarceration is now widely considered one of the biggest social and political crises of our age. How did we get to this point?Locked In is a revelatory investigation into the root causes of mass incarceration by one of the most exciting scholars in the country. Having spent fifteen years studying the data on imprisonment, John Pfaff takes apart the reigning consensus created by Michelle Alexander and other reformers, revealing that the most widely accepted explanations - the failed War on Drugs, draconian sentencing laws, an increasing reliance on private prisons - tell us much less than we think. Pfaff urges us to look at other factors instead, including a major shift in prosecutor behavior that occurred in the mid-1990s, when prosecutors began bringing felony charges against arrestees about twice as often as they had before. He describes a fractured criminal justice system, in which counties don't pay for the people they send to state prisons, and in which white suburbs set law and order agendas for more-heavily minority cities. And he shows that if we hope to significantly reduce prison populations, we have no choice but to think differently about how to deal with people convicted of violent crimes - and why some people are violent in the first place.An authoritative, clear-eyed account of a national catastrophe, Locked In transforms our understanding of what ails the American system of punishment and ultimately forces us to reconsider how we can build a more equitable and humane society.

White by Law: The Legal Construction of Race


Ian F. Haney-López - 1996
    White knights. The white dove of peace. White lie, white list, white magic. Our language and our culture are suffused, often subconsciously, with positive images of whiteness. Whiteness is so inextricably linked with the status quo that few whites, when asked, even identify themselves as such. And yet when asked what they would have to be paid to live as a black person, whites give figures running into the millions of dollars per year, suggesting just how valuable whiteness is in American society.Exploring the social, and specifically legal origins, of white racial identity, Ian F. Haney Lopez here examines cases in America's past that have been instrumental in forming contemporary conceptions of race, law, and whiteness. In 1790, Congress limited naturalization to white persons. This racial prerequisite for citizenship remained in force for over a century and a half, enduring until 1952. In a series of important cases, including two heard by the United States Supreme Court, judges around the country decided and defined who was white enough to become American.White by Law traces the reasoning employed by the courts in their efforts to justify the whiteness of some and the non- whiteness of others. Did light skin make a Japanese person white? Were Syrians white because they hailed geographically from the birthplace of Christ? Haney Lopez reveals the criteria that were used, often arbitrarily, to determine whiteness, and thus citizenship: skin color, facial features, national origin, language, culture, ancestry, scientific opinion, and, most importantly, popular opinion. Having defined the social and legal origins of whiteness, White by Law turns its attention to white identity today and concludes by calling upon whites to acknowledge and renounce their privileged racial identity.

Palm Beach Babylon: The Sinful History of America's Super-Rich Paradise


Murray Weiss - 1992
    Starting with the island's founder Henry Flagler, and updated for Kindle, "Palm Beach Babylon" chronicles the Kennedys, the Trumps, the Dodges, Helmsleys, Pulitzers, Vanderbilts, Mizners and Madoffs, and many more "Titans of Industry" and "Royalty." "The history is solid, the writing stylish," wrote renowned author Pete Hamill. "Riveting," exclaimed Nicholas Pileggi, author of "Wiseguy" and "Casino." The New York Times declared "Palm Beach Babylon" the best book ever written on the storied tropical island, where the "Rich and Famous" flock every winter to indulge in a world that only money can pierce. "Murray Weiss and Bill Hoffmann have . . . produced an intriguing account of the wagers of too much wealth and too much leisure time," wrote Dominick Dunne, the best selling novelist and true-crime expert. And as one reader posted along with 5-Stars: A REAL PAGE TURNER: I loved this book because it had all the allure of great fiction, yet it was about real people who, although they live in a real place (Palm Beach, FL), seem more like Great Gatsby characters than anything else! It also provides a fascinating historical perspective of the glamorous Palm Beach, how it was built, the man who built it, and the wealthy who flocked to it.

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.

Illiberal Reformers: Race, Eugenics, and American Economics in the Progressive Era


Thomas C. Leonard - 2016
    But not for all.Academic social scientists such as Richard T. Ely, John R. Commons, and Edward A. Ross, together with their reform allies in social work, charity, journalism, and law, played a pivotal role in establishing minimum-wage and maximum-hours laws, workmen's compensation, progressive income taxes, antitrust regulation, and other hallmarks of the regulatory welfare state. But even as they offered uplift to some, economic progressives advocated exclusion for others, and did both in the name of progress.Leonard meticulously reconstructs the influence of Darwinism, racial science, and eugenics on scholars and activists of the late nineteenth and early twentieth centuries, revealing a reform community deeply ambivalent about America's poor. Economic progressives championed labor legislation because it would lift up the deserving poor while excluding immigrants, African Americans, women, and "mental defectives," whom they vilified as low-wage threats to the American workingman and to Anglo-Saxon race integrity.Economic progressives rejected property and contract rights as illegitimate barriers to needed reforms. But their disregard for civil liberties extended much further. "Illiberal Reformers" shows that the intellectual champions of the regulatory welfare state proposed using it not to help those they portrayed as hereditary inferiors, but to exclude them.

The Cadaver King and the Country Dentist: A True Story of Injustice in the American South


Radley Balko - 2018
    Together they spent a combined thirty years in prison before finally being exonerated in 2008. Meanwhile, the real killer remained free.The Cadaver King and the Country Dentist chronicles how the courts and Mississippi's death investigation system--a relic of the Jim Crow era--failed to deliver justice for its citizens and recounts the horrifying story of the two men who built successful careers on the back of this system. For nearly two decades, medical examiner Dr. Steven Hayne performed the vast majority of Mississippi's autopsies, while his friend Dr. Michael West, a local dentist, pitched himself as a forensic jack-of-all-trades. Together they became the go-to experts for prosecutors and helped put countless Mississippians in prison. But then some of those convictions began to fall apart. Radley Balko and Tucker Carrington argue that bad forensics, structural racism, and institutional failures are at fault, and raise sobering questions about our criminal justice system's ability to address them.

Let the Lord Sort Them: The Rise and Fall of the Death Penalty


Maurice Chammah - 2021
    ANTHONY LUKAS AWARD In 1972, the United States Supreme Court made a surprising ruling: the country's death penalty system violated the Constitution. The backlash was swift, especially in Texas, where executions were considered part of the cultural fabric, and a dark history of lynching was masked by gauzy visions of a tough-on-crime frontier.When executions resumed, Texas quickly became the nationwide leader in carrying out the punishment. Then, amid a larger wave of criminal justice reform, came the death penalty's decline, a trend so durable that even in Texas the punishment appears again close to extinction.In Let the Lord Sort Them, Maurice Chammah charts the rise and fall of capital punishment through the eyes of those it touched. We meet Elsa Alcala, the orphaned daughter of a Mexican American family who found her calling as a prosecutor in the nation's death penalty capital, before becoming a judge on the state's highest court. We meet Danalynn Recer, a lawyer who became obsessively devoted to unearthing the life stories of men who committed terrible crimes, and fought for mercy in courtrooms across the state. We meet death row prisoners--many of them once-famous figures like Henry Lee Lucas, Gary Graham, and Karla Faye Tucker--along with their families and the families of their victims. And we meet the executioners, who struggle openly with what society has asked them to do.In tracing these interconnected lives against the rise of mass incarceration in Texas and the country as a whole, Chammah explores what the persistence of the death penalty tells us about forgiveness and retribution, fairness and justice, history and myth. Written with intimacy and grace, Let the Lord Sort Them is the definitive portrait of a particularly American institution.

Courting Justice: From NY Yankees v. Major League Baseball to Bush v. Gore, 1997-2000


David Boies - 2004
    16 pages of photos.

Birthright Citizens: A History of Race and Rights in Antebellum America


Martha S. Jones - 2018
    Birthright Citizens recovers the story of how African American activists remade national belonging through battles in legislatures, conventions, and courthouses. They faced formidable opposition, most notoriously from the US Supreme Court decision in Dred Scott. Still, Martha S. Jones explains, no single case defined their status. Former slaves studied law, secured allies, and conducted themselves like citizens, establishing their status through local, everyday claims. All along they argued that birth guaranteed their rights. With fresh archival sources and an ambitious reframing of constitutional law-making before the Civil War, Jones shows how the Fourteenth Amendment constitutionalized the birthright principle, and black Americans' aspirations were realized. Birthright Citizens tells how African American activists radically transformed the terms of citizenship for all Americans.

The Culture of Critique: An Evolutionary Analysis of Jewish Involvement in Twentieth-Century Intellectual and Political Movements


Kevin B. MacDonald - 1998
    These movements are viewed as the outcome of the fact that Jews and gentiles have different interests in the construction of culture and in various public policy issues (e.g. immigration policy, Israel). Several of these Jewish movements attempt to combat anti-Semitism by advocating social categorization processes in which the Jew/gentile distinction is minimized in importance.Jewish policy was aimed at developing an America charcaterized by cultural pluralism and populated by groups of people from all parts of the world rather than by a homogeneous White Christian culture populated largely by people of European descent.

Scalia's Court: A Legacy of Landmark Opinions and Dissents


Antonin Scalia - 2016
    After almost thirty years on the Supreme Court, Scalia had become as integral to the institution as the hallowed room in which he sat. His wisecracking interruptions during oral arguments, his unmatched legal wisdom, his unwavering dedication to the Constitution, and his blistering dissents defined his leadership role on the court and inspired new generations of policymakers and legal minds.Now, as Republicans and Democrats wage war over Scalia’s lamentably empty Supreme Court seat, Kevin Ring, former counsel to the U.S. Senate’s Constitution Subcommittee, has taken a close look at the cases that best illustrate Scalia’s character, philosophy, and legacy. In Scalia’s Court: A Legacy of Landmark Opinions and Dissents, Ring collects Scalia’s most memorable opinions on free speech, separation of powers, race, religious freedom, the rights of the accused, abortion, and more; and intersperses Scalia's own words with an analysis of his legal reasoning and his lasting impact on American jurisprudence.“I don’t worry about my legacy,” Scalia once told an audience at the National Archives. “Just do your job right, and who cares?”Now that "the lion of American law has left the stage,” as the U.S. Attorney General put it, it is for the rest of America to worry about his legacy—and to care.

Strangers in the Land: Patterns of American Nativism, 1860-1925


John Higham - 1955
    The work is a careful, well-documented study of nationalism and ethnic prejudice, and chronicles the power and violence of these two ideas in American society from 1860 to 1925. He significantly moves beyond previous treatments of nativism, both in chronology and in interpretive sophistication. Higham defines nativism as a defensive type of nationalism or an intense opposition to an internal minority on the grounds of the group's foreign connections. By defining nativism as a set of attitudes or a state of mind, he sets the course for his book as tracing "trace an emotionally charged impulse" rather than "an actual social process or condition." As he argues that the ideological content of nativism remained consistent, he uses emotional intensity as a measure to trace in detail public opinion from the relative calm following the Civil War to the Johnson-Reed act of 1924 that severely limited European immigration. Strangers in the Land is, then, a history of public opinion, whose purpose is to show how nativism evolved in society and in action. Higham seeks to explain what could inflame xenophobia and who resisted it. He saw his work as part of a renewed interest in the study of nationalism following the national upheavals in the wake of the McCarthy hearings. Surely Higham's mentor at the University of Wisconsin, intellectual historian Merle Curti, influenced Higham's approach in seeking to examine the power of nationalism as an idea. Also influential was the intellectual climate of the 1950s with its of distrust of ideology and distain of prejudice. Higham admits being repelled by the nationalist delusions of the Cold War, again helping to explain why his study concentrates on seeking some explanation for the irrational and violent outbreaks. The book thus focuses on points of conflict, "antagonisms that belong within ideologies of passionate national consciousness." For example, Higham's explains the 100 percent American movement in terms of progressive ideals and the desire of Americans to shape immigrants into a particular ideal of "Americanness" through education and assimilation. This intellectual construct eventually gave way to the racial thinking to which Higham assigns much influence in the efforts to restrict immigration. Ideology is also central to his chapter on the history of the idea of racism in which he argues that Anglo-Saxon nationalism, literary naturalism and a nascent understanding of genetics combined to bring forth arguments for immigration restriction to preserve the racial purity of the American people. Thus, key for Higham's argument is the power of ideas in shaping individual behavior and thereby shaping history. This text is an absolute must-read for anyone seeking to understand American nativism and the darker side of nationalism.