The New York Times best-selling author brings his trademark legal acumen and passionate snark to offer a brilliant takedown of ten incredibly bad pieces of legislation that are causing way too much misery to millions.“If it were up to me, I’d treat every law passed before the Voting Rights Act of 1965 as presumptively unconstitutional. The government of this country was illegitimate when it ruled over people who had no ability to choose the rules.”—from the introduction to Bad LawIn Bad Law, the New York Times best-selling author of Allow Me to Retort: A Black Guy’s Guide to the Constitution brings his trademark legal acumen and passionate snark to a brilliant takedown of ten of what he considers the most egregiously awful laws on the books today. These are pieces of legislation that are making life worse rather than better for Americans, and that, he argues with trenchant wit and biting humor, should be repealed completely.On topics ranging from abortion and immigration to voting rights and religious freedom, we have chosen rules to live by that do not reflect the will of most of the people. With respect to our decision to make a law that effectively grants immunity to gun manufacturers, for example, Mystal writes, “We live in the most violent, wealthy country on earth not in spite of the law; we live in a first-person-shooter video game because of the law.”But, as the man Samantha Bee calls “irrepressible and righteously indignant” and Matt Levine of Bloomberg Opinion calls “the funniest lawyer in America,” points out, these laws do not come to us from on high; we write them, and we can and should unwrite them. In a marvelous and original takedown spanning all the hot-button topics in the country today, one of our most brilliant legal thinkers points the way to a saner tomorrow. Read more

THE EXTRAORDINARY STORY OF A RENAISSANCE-ERA EXECUTIONER AND HIS WORLD, BASED ON A RARE AND OVERLOOKED JOURNAL.In a dusty German bookshop, the noted historian Joel F. Harrington stumbled upon a remarkable document: the journal of a sixteenth-century executioner. The journal gave an account of the 394 people Meister Frantz Schmidt executed, and the hundreds more he tortured, flogged, or disfigured for more than forty-five years in the city of Nuremberg. But the portrait of Schmidt that gradually emerged was not that of a monster. Could a man who practiced such cruelty also be insightful, compassionate―even progressive?In The Faithful Executioner, Harrington teases out the hidden meanings and drama of Schmidt's journal. Deemed an official outcast, Meister Frantz sought to prove himself worthy of honor and free his children from the stigma of his profession. Harrington uncovers details of Schmidt's life and work: the shocking, but often familiar, crimes of the day; the medical practice that he felt was his true calling; and his lifelong struggle to reconcile his craft with his religious faith.In this groundbreaking and intimate portrait, Harrington shows us that our thinking about justice and punishment, and our sense of our own humanity, are not so remote from the world of The Faithful Executioner. Read more

TikTok’s favorite lawyer and host of The Rebuttal Podcast Reb Masel offers an irreverent, enlightening, and endlessly entertaining survey of the law and the unexpected lessons we can learn from it.In 2021, newly barred attorney Reb Masel started posting on TikTok about the intricacies and absurdities of the legal profession. People of all ages, unused to seeing a young, outspoken attorney talk about the law in a frank, sharp, brutally hilarious way, quickly tuned in. Now millions of fans around the world turn to Reb not only for the laughs—and her viral “Iconic Court Transcripts” series—but for her ability to decipher a field so often incomprehensible by design. The Book They Throw at You is a collection of Reb’s wisdom and witticism about the compelling, peculiar, and lesser-known aspects of the legal system: intriguing case studies, arcane traditions, inspiring lessons, unbelievable antics, wild lawyers, wilder judges, iconic court transcripts, and Reb’s typically incisive, hilarious commentary spanning centuries of law. Featuring accompanying illustrations designed by Reb herself, she takes the whole system to court, revealing how devastating and ridiculous—yet ultimately essential—the law can be. Read more

John Wilson tells the shocking and untold story, backed by staggering evidence, of how he became collateral damage by overreaching federal prosecutors who weaponized our justice system to justify bringing Felicity Huffman and Lori Laughlin to trial in Boston in the infamous Operation Varsity Blues Case, and his ongoing battle against the federal government, Netflix and USC to restore his family’s honor.This gripping narrative exposes dozens of extreme tactics that the prosecutors used as they falsely accused an innocent family to boost their own careers. The prosecutors then tried to cover up their misconduct by smearing the family through “guilt by association” with the bad acts of other, totally unrelated parents and railroading him through a show trial.This compelling story reveals how far one family was willing to go to defend their honor against false charges, and a criminal trial which was so outrageous that 11 former chief prosecutors wrote to the Appeals Court, “John Wilson did not receive a fair trial.”The narrative is a stark contrast to the headlines you may have read on the scandal. It portrays the family's ordeal, resilience, and determination to reclaim their dignity amidst the chaos of false allegations and a high profile show trial. Their story is a testament to the human spirit's resilience, caught in the crossfire of a battle not of their making.This book reveals the untold the story and Scandal Within the Varsity Blues scandal. A must-hear for those seeking the shocking truth beyond the headlines. Read more

Black's Law Dictionary – 1st Edition: Volume 1 of 2.By Henry Campbell Black, 1891.Studying law on a budget? Looking for a copy to mark, scribble, and highlight? This version of Henry Black's Law Dictionary is for you!This book is Volume 1 of 2. To complete the set, please see Volume 2 of 2 (ISBN: 9798852346216).The world-renowned dictionary is now available in an affordable softcover format! This historical edition of A Law Dictionary Adapted to the Constitution..., commonly known as "Black's Law Dictionary," is Henry Black's first legal dictionary — originally published in the year 1891. With a collection of Latin maxims throughout, and a complete list of references relevant to its time, this book is a valuable asset for law students and long-time experts of the legal profession alike!This book is a facsimile of the original manuscript and has been improved for better readability. Read more

Unlock the complexities of the legal system with Law 101 - your comprehensive guide to understanding the fundamentals of law and navigating legal issues with confidence.In this updated and expanded second edition, Brien A. Roche demystifies the intricacies of the legal world and presents key concepts in a clear and accessible manner. Whether you're a student, professional, or simply a curious reader, this book provides a solid foundation in law that empowers you to make informed decisions and protect your rights.Inside you'll find:Comprehensive Coverage: Explore various areas of law, including civil law, criminal law, constitutional law, contracts, torts, and more.Clear Explanations: Brien A. Roche breaks down the history of our legal system and complex legal concepts into understandable language, making the law accessible to readers of all backgrounds. Real-World Examples: Enhance your understanding of legal principles with real-world examples and case studies. These illustrations provide practical context and demonstrate how the law impacts our daily lives.Empowering Knowledge: Equip yourself with essential legal knowledge that empowers you to make informed decisions, protect your rights, and advocate for yourself and others in legal matters from drafting contracts to serving as a juror or witness in court.Gain a solid foundation in law with Law 101 by Brien A. Roche. Whether you're a student, professional, or simply seeking to expand your legal knowledge, this comprehensive guide provides the tools to navigate the complexities of the legal system with confidence. Empower yourself with a clear understanding of the law and its practical applications in our society. Read more

A Federalist Notable Book“An important contribution to our understanding of the 14th Amendment.”―Wall Street Journal“By any standard an important contribution…A must-read.”―National Review“The most detailed legal history to date of the constitutional amendment that changed American law more than any before or since…The corpus of legal scholarship is richer for it.”―Washington ExaminerAdopted in 1868, the Fourteenth Amendment profoundly changed the Constitution, giving the federal judiciary and Congress new powers to protect the fundamental rights of individuals from being violated by the states. Yet, the Supreme Court has long misunderstood or ignored the original meaning of its key Section I clauses.Barnett and Bernick contend that the Fourteenth Amendment must be understood as the culmination of decades of debate about the meaning of the antebellum Constitution. In the course of this debate, antislavery advocates advanced arguments informed by natural rights, the Declaration of Independence, and the common law, as well as what is today called public-meaning originalism.The authors show how these arguments and the principles of the Declaration in particular eventually came to modify the Constitution. They also propose workable doctrines for implementing the amendment’s key provisions covering the privileges and immunities of citizenship, due process, and equal protection under the law. Read more

There are two kinds of knowledge law school teaches: legal rules on the one hand, and tools for thinking about legal problems on the other. Although the tools are far more interesting and useful than the rules, they tend to be neglected in favor of other aspects of the curriculum. In The Legal Analyst, Ward Farnsworth brings together in one place all of the most powerful of those tools for thinking about law.From classic ideas in game theory such as the “Prisoner’s Dilemma” and the “Stag Hunt” to psychological principles such as hindsight bias and framing effects, from ideas in jurisprudence such as the slippery slope to more than two dozen other such principles, Farnsworth’s guide leads readers through the fascinating world of legal thought. Each chapter introduces a single tool and shows how it can be used to solve different types of problems. The explanations are written in clear, lively language and illustrated with a wide range of examples.The Legal Analyst is an indispensable user’s manual for law students, experienced practitioners seeking a one-stop guide to legal principles, or anyone else with an interest in the law. Read more

The Pulitzer Prize-winning history of the Scopes Trial and the battle over evolution and creation in America's schools In the summer of 1925, the sleepy hamlet of Dayton, Tennessee, became the setting for one of the twentieth century's most contentious courtroom dramas, pitting William Jennings Bryan and the anti-Darwinists against a teacher named John Scopes, represented by Clarence Darrow and the ACLU, in a famous debate over science, religion, and their place in public education. That trial marked the start of a battle that continues to this day-in cities and states throughout the country. Edward Larson's classic Summer for the Gods -- winner of the Pulitzer Prize in History -- is the single most authoritative account of this pivotal event. An afterword assesses the state of the battle between creationism and evolution, and points the way to how it might potentially be resolved. Read more

An authoritative, even-handed, and accessible history of the Supreme Court of the United States, the most powerful court in the world and the final arbiter of the world's oldest constitution. Will abortion be legal? Should people of the same sex be allowed to marry? May colleges prefer black applicants over white ones? These are among the most bitterly contested issues in the United States today. We answer these questions, and many more, by presenting them to nine lawyers--the justices of the Supreme Court of the United States. No other nation commits so many important questions to its highest court.Stuart Banner's The Most Powerful Court in the World is an authoritative history of the United States Supreme Court from the Founding era to the present. Not merely a history of the Court's opinions and jurisprudence, it is also a rich account of the Court in the broadest sense--of the sorts of people who become justices and the methods by which they are chosen, of how the Court does its work, and of its relationship with other branches of government. It is about how the Court acquired so much power, how it has retained its power in the face of repeated challenges and criticisms, and what it has done with its power over the years. Rather than praising or criticizing the Court's decisions, Banner makes the case that one cannot fully understand the decisions without knowing about the institution that produced them.Offering a fresh analytical window into today's contentious debates about the Court--debates that often rest on dubious ideas about the Court's history--The Most Powerful Court in the World helps readers see cases through the justices' eyes. Read more

An influential legal scholar argues that the Supreme Court played a pivotal role in the rise of mass incarceration in America.With less than 5 percent of the world’s population and almost a quarter of its prisoners, America indisputably has a mass incarceration problem. How did it happen? Tough-on-crime politics and a racially loaded drug war are obvious and important culprits, but another factor has received remarkably little attention: the Supreme Court. The Constitution contains numerous safeguards that check the state’s power to lock people away. Yet since the 1960s the Supreme Court has repeatedly disregarded these limits, bowing instead to unfounded claims that adherence to the Constitution is incompatible with public safety.In Justice Abandoned, Rachel Barkow highlights six Supreme Court decisions that paved the way for mass incarceration. These rulings have been crucial to the meteoric rise in pretrial detention and coercive plea bargaining. They have enabled disproportionate sentencing and overcrowded prison conditions. And they have sanctioned innumerable police stops and widespread racial discrimination. If the Court were committed to protecting constitutional rights and followed its standard methods of interpretation, none of these cases would have been decided as they were, and punishment in America would look very different than it does today.More than just an autopsy of the Supreme Court’s errors, Justice Abandoned offers a roadmap for change. Barkow shows that the originalist methodology adopted by the majority of the current Court demands overturning the unconstitutional policies underlying mass incarceration. If the justices genuinely believe in upholding the Constitution in all cases, then they have little choice but to reverse the wrongly decided precedents that have failed so many Americans. Read more

It is Berger’s theory that the United States Supreme Court has embarked on “a continuing revision of the Constitution, under the guise of interpretation,” thereby subverting America’s democratic institutions and wreaking havoc upon Americans’ social and political lives.Raoul Berger (1901–2000) was Charles Warren Senior Fellow in American Legal History, Harvard University. Read more

The classic bestseller from a two-time Pulitzer Prize-winning journalist that tells the compelling true story of one man's fight for the right to legal counsel for every defendent. A history of the landmark case of Clarence Earl Gideon's fight for the right to legal counsel. Notes, table of cases, index. The classic backlist bestseller. More than 800,000 sold since its first pub date of 1964. Read more

An essential resource for understanding the complex history of Mexican Americans and racial classification in the United States Manifest Destinies tells the story of the original Mexican Americans―the people living in northern Mexico in 1846 during the onset of the Mexican American War. The war abruptly came to an end two years later, and 115,000 Mexicans became American citizens overnight. Yet their status as full-fledged Americans was tenuous at best. Due to a variety of legal and political maneuvers, Mexican Americans were largely confined to a second class status. How did this categorization occur, and what are the implications for modern Mexican Americans?Manifest Destinies fills a gap in American racial history by linking westward expansion to slavery and the Civil War. In so doing, Laura E Gómez demonstrates how white supremacy structured a racial hierarchy in which Mexican Americans were situated relative to Native Americans and African Americans alike. Steeped in conversations and debates surrounding the social construction of race, this book reveals how certain groups become racialized, and how racial categories can not only change instantly, but also the ways in which they change over time.This new edition is updated to reflect the most recent evidence regarding the ways in which Mexican Americans and other Latinos were racialized in both the twentieth and early twenty-first centuries. The book ultimately concludes that it is problematic to continue to speak in terms Hispanic “ethnicity” rather than consider Latinos qua Latinos alongside the United States’ other major racial groupings. A must read for anyone concerned with racial injustice and classification today. Listen to Laura Gómez's interviews on The Brian Lehrer Show, Wisconsin Public Radio, Texas Public Radio, and KRWG. Read more

A compelling account of how women shaped the common law right to privacy during the late nineteenth and early twentieth centuries Drawing on a wealth of original research, Jessica Lake documents how the advent of photography and cinema drove women—whose images were being taken and circulated without their consent—to court. There they championed the creation of new laws and laid the groundwork for America’s commitment to privacy. Vivid and engagingly written, this powerful work will draw scholars and students from a range of fields, including law, women’s history, the history of photography, and cinema and media studies. Read more

Americans are deeply divided over the Second Amendment. Some passionately assert that the Amendment protects an individual's right to own guns. Others, that it does no more than protect the right of states to maintain militias. Now, in the first and only comprehensive history of this bitter controversy, Saul Cornell proves conclusively that both sides are wrong. Cornell, a leading constitutional historian, shows that the Founders understood the right to bear arms as neither an individual nor a collective right, but as a civic right--an obligation citizens owed to the state to arm themselves so that they could participate in a well regulated militia. He shows how the modern "collective right" view of the Second Amendment, the one federal courts have accepted for over a hundred years, owes more to the Anti-Federalists than the Founders. Likewise, the modern "individual right" view emerged only in the nineteenth century. The modern debate, Cornell reveals, has its roots in the nineteenth century, during America's first and now largely forgotten gun violence crisis, when the earliest gun control laws were passed and the first cases on the right to bear arms came before the courts. Equally important, he describes how the gun control battle took on a new urgency during Reconstruction, when Republicans and Democrats clashed over the meaning of the right to bear arms and its connection to the Fourteenth Amendment. When the Democrats defeated the Republicans, it elevated the "collective rights" theory to preeminence and set the terms for constitutional debate over this issue for the next century. A Well Regulated Militia not only restores the lost meaning of the original Second Amendment, but it provides a clear historical road map that charts how we have arrived at our current impasse over guns. For anyone interested in understanding the great American gun debate, this is a must read. Read more

New York Times Editors’ ChoiceWinner of the Bancroft PrizeWinner of the Francis Parkman Prize Winner of the Gotham Book PrizeWinner of the New York Society Library's New York City Book AwardJournal of the American Revolution Book of the YearWinner of the David J. Langum, Sr. Prize in American Legal History Winner of the James Bradford Best Biography PrizeA riveting Revolutionary Era drama of the first published rape trial in American history and its long, shattering aftermath, revealing how much has changed over two centuries―and how much has notOn a moonless night in the summer of 1793 a crime was committed in the back room of a New York brothel―the kind of crime that even victims usually kept secret. Instead, seventeen-year-old seamstress Lanah Sawyer did what virtually no one in US history had done before: she charged a gentleman with rape. Her accusation sparked a raw courtroom drama and a relentless struggle for vindication that threatened both Lanah’s and her assailant’s lives. The trial exposed a predatory sexual underworld, sparked riots in the streets, and ignited a vigorous debate about class privilege and sexual double standards. The ongoing conflict attracted the nation’s top lawyers, including Alexander Hamilton, and shaped the development of American law. The crime and its consequences became a kind of parable about the power of seduction and the limits of justice. Eventually, Lanah Sawyer did succeed in holding her assailant accountable―but at a terrible cost to herself.Based on rigorous historical detective work, this book takes us from a chance encounter in the street into the sanctuaries of the city’s elite, the shadows of its brothels, and the despair of its debtors’ prison. The Sewing Girl's Tale shows that if our laws and our culture were changed by a persistent young woman and the power of words two hundred years ago, they can be changed again.Includes photographs Read more

When Louis XVI presented Benjamin Franklin with a snuff box encrusted with diamonds and inset with the King’s portrait, the gift troubled Americans: it threatened to “corrupt” Franklin by clouding his judgment or altering his attitude toward the French in subtle psychological ways. This broad understanding of political corruption—rooted in ideals of civic virtue—was a driving force at the Constitutional Convention.For two centuries the framers’ ideas about corruption flourished in the courts, even in the absence of clear rules governing voters, civil officers, and elected officials. Should a law that was passed by a state legislature be overturned because half of its members were bribed? What kinds of lobbying activity were corrupt, and what kinds were legal? When does an implicit promise count as bribery? In the 1970s the U.S. Supreme Court began to narrow the definition of corruption, and the meaning has since changed dramatically. No case makes that clearer than Citizens United.In 2010, one of the most consequential Court decisions in American political history gave wealthy corporations the right to spend unlimited money to influence elections. Justice Anthony Kennedy's majority opinion treated corruption as nothing more than explicit bribery, a narrow conception later echoed by Chief Justice Roberts in deciding McCutcheon v. FEC in 2014. With unlimited spending transforming American politics for the worse, warns Zephyr Teachout, Citizens United and McCutcheon were not just bad law but bad history. If the American experiment in self-government is to have a future, then we must revive the traditional meaning of corruption and embrace an old ideal. Read more

NEW YORK TIMES BESTSELLER • “A taut page-turner with all the hallmarks of a good historical thriller.”—Orlando Sentinel The basis for the major motion picture starring Matt Damon, Jodie Comer, and Adam Driver, now streaming on Hulu!The gripping true story of the duel to end all duels in medieval France as a resolute knight defends his wife’s honor against the man she accuses of a heinous crime In the midst of the devastating Hundred Years’ War between France and England, Jean de Carrouges, a Norman knight fresh from combat in Scotland, returns home to yet another deadly threat. His wife, Marguerite, has accused squire Jacques Le Gris of rape. A deadlocked court decrees a trial by combat between the two men that will also leave Marguerite’s fate in the balance. For if her husband loses the duel, she will be put to death as a false accuser. While enemy troops pillage the land, and rebellion and plague threaten the lives of all, Carrouges and Le Gris meet in full armor on a walled field in Paris. What follows is the final duel ever authorized by the Parlement of Paris, a fierce fight with lance, sword, and dagger before a massive crowd that includes the teenage King Charles VI, during which both combatants are wounded—but only one fatally. Based on extensive research in Normandy and Paris, The Last Duel brings to life a colorful, turbulent age and three unforgettable characters caught in a fatal triangle of crime, scandal, and revenge. The Last Duel is at once a moving human drama, a captivating true crime story, and an engrossing work of historical intrigue with themes that echo powerfully centuries later. Read more

“Consistently gripping.… [I]t’s possessed of a zest and omnivorous curiosity that reflects the boundless energy of its subject.” ―Steve Donoghue, Christian Science MonitorOliver Wendell Holmes escaped death twice as a young Union officer in the Civil War. He lived ever after with unwavering moral courage, unremitting scorn for dogma, and an insatiable intellectual curiosity. During his nearly three decades on the Supreme Court, he wrote a series of opinions that would prove prophetic in securing freedom of speech, protecting the rights of criminal defendants, and ending the Court’s reactionary resistance to social and economic reforms.As a pioneering legal scholar, Holmes revolutionized the understanding of common law. As an enthusiastic friend, he wrote thousands of letters brimming with an abiding joy in fighting the good fight. Drawing on many previously unpublished letters and records, Stephen Budiansky offers the fullest portrait yet of this pivotal American figure. 90 illustrations Read more