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Canon Law, Religion, and Politics: "Liber Amicorum" Robert Somerville
Uta-Renate Blumenthal
Catholic University of America Press, 2012
Library of Congress KBU3085.C36 2012 | Dewey Decimal 262.9

Canon Law, Religion, and Politics extends and honors the work of the distinguished historian Robert Somerville, a preeminent expert on medieval church councils, law, and papal history.
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The History of Courts and Procedure in Medieval Canon Law
Wilfried Hartmann
Catholic University of America Press, 2016
Library of Congress KBU3782.H57 2016 | Dewey Decimal 262.90902

By the end of the thirteenth century, court procedure in continental Europe in secular and ecclesiastical courts shared many characteristics. As the academic jurists of the Ius commune began to excavate the norms of procedure from Justinian's great codification of law and then to expound them in the classroom and in their writings, they shaped the structure of ecclesiastical courts and secular courts as well. These essays also illuminate striking differences in the sources that we find in different parts of Europe. In northern Europe the archives are rich but do not always provide the details we need to understand a particular case. In Italy and Southern France the documentation is more detailed than in other parts of Europe but here too the historical records do not answer every question we might pose to them. In Spain, detailed documentation is strangely lacking, if not altogether absent. Iberian conciliar canons and tracts on procedure tell us much about practice in Spanish courts. As these essays demonstrate, scholars who want to peer into the medieval courtroom, must also read letters, papal decretals, chronicles, conciliar canons, and consilia to provide a nuanced and complete picture of what happened in medieval trials. This volume will give sophisticated guidance to all readers with an interest in European law and courts.
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The History of the Common Law of England
Sir Matthew Hale
University of Chicago Press, 1973
Library of Congress KD600.H3 1971 | Dewey Decimal 349.4109

This volume includes the complete text of the third edition of 1739.
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The Mysterious Science of the Law: An Essay on Blackstone's Commentaries
Daniel J. Boorstin
University of Chicago Press, 1996
Library of Congress KD640.Z9B66 1996 | Dewey Decimal 340.1

Referred to as the "bible of American lawyers," Blackstone's Commentaries on the Laws of England shaped the principles of law in both England and America when its first volume appeared in 1765. For the next century that law remained what Blackstone made of it. Daniel J. Boorstin examines why Commentaries became the most essential knowledge that any lawyer needed to acquire. Set against the intellectual values of the eighteenth century-and the notions of Reason, Nature, and the Sublime—Commentaries is at last fitted into its social setting. Boorstin has provided a concise intellectual history of the time, illustrating all the elegance, social values, and internal contradictions of the Age of Reason.
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Commentaries on the Laws of England, Volume 1: A Facsimile of the First Edition of 1765-1769
William Blackstone
University of Chicago Press, 1979
Library of Congress KD660.B52 1765a | Dewey Decimal 349.42

Sir William Blackstone's Commentaries on the Laws of England (1765-1769) stands as the first great effort to reduce the English common law to a unified and rational system. Blackstone demonstrated that the English law as a system of justice was comparable to Roman law and the civil law of the Continent. Clearly and elegantly written, the work achieved immediate renown and exerted a powerful influence on legal education in England and in America which was to last into the late nineteenth century. The book is regarded not only as a legal classic but as a literary masterpiece.

Previously available only in an expensive hardcover set, Commentaries on the Laws of England is published here in four separate volumes, each one affordably priced in a paperback edition. These works are facsimiles of the eighteenth-century first edition and are undistorted by later interpolations. Each volume deals with a particular field of law and carries with it an introduction by a leading contemporary scholar.

In his introduction to this first volume, Of the Rights of Persons, Stanley N. Katz presents a brief history of Blackstone's academic and legal career and his purposes in writing the Commentaries. Katz discusses Blackstone's treatment of the structure of the English legal system, his attempts to justify it as the best form of government, and some of the problems he encountered in doing so.
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A Dialogue between a Philosopher and a Student of the Common Laws of England
Thomas Hobbes
University of Chicago Press, 1997
Library of Congress KD671.H63 1971 | Dewey Decimal 340.1

This little-known late writing of Hobbes reveals an unexplored dimension of his famous doctrine of sovereignty. The essay was first published posthumously in 1681, and from 1840 to 1971 only a generally unreliable edition has been in print. This edition provides the first dependable and easily accessible text of Hobbes's Dialogue. In the Dialogue, Hobbes sets forth his mature reflections of the relation between reason and law, reflections more "liberal" than those found in Leviathan and his other well-known writings. Hobbes proposes a separation of the functions of government in the interest of common sense and humaneness without visibly violating his dictum that the sharing or division of sovereignty is an absurdity. This new edition of the Dialogue is a significant contribution to our understanding of seventeenth-century political philosophy.

"Hobbes students are indebted to Professor Cropsey for this scholarly and accessible edition of Dialogue."—J. Roland Pennock, American Political Science Review

"An invaluable aid to the study of Hobbes."—Review of Metaphysics
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Family Law Matters
Katherine O'Donovan
Pluto Press, 1993
Library of Congress KD750.O38 1993 | Dewey Decimal 346.42015

Wife and Widow in Medieval England
Sue Sheridan Walker, Editor
University of Michigan Press, 1993
Library of Congress KD758.W54 1993 | Dewey Decimal 346.420134

Examines the role of women in medieval law and society
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Intellectual Property Rights for Engineers
Vivien Irish
The Institution of Engineering and Technology, 2005
Library of Congress KD1269.I752 2005 | Dewey Decimal 346.41048

This fully revised and updated edition of Intellectual Property Rights for Engineers addresses recent developments in the area. The book explains the general principles behind the law protecting innovation, quoting cases from the engineering domain in order to clarify legal issues. Chapters outline the basic rights through automatic protection (copyright, design right) and registration systems (patent, registered design, trade mark), and also discusses the issues surrounding confidential information. The book clarifies precisely who owns the rights and how their use is constrained by EC law, and goes on to explain how to license or even litigate when necessary. Finally, strategic aspects for decision-making and management are discussed.
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Changing Unjust Laws Justly: Pro-Life Solidarity with "The Last and Least"
Colin Harte
Catholic University of America Press, 2005
Library of Congress KD3340.H37 2005 | Dewey Decimal 342.41084

Changing Unjust Laws Justly is the first book to address systematically the practical, legal, and ethical problems that are encountered in well-intentioned attempts to restrict abortion. It will be of considerable interest not only to political, legal, and moral philosophers, but also to lawmakers and the pro-life movement generally.
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Beyond Control: Medical Power and Abortion Law
Sally Sheldon
Pluto Press, 1997
Library of Congress KD3340.S53 1997 | Dewey Decimal 344.4104192

Regulating Football: Commodification, Consumption and the Law
Steve Greenfield and Guy Osborn
Pluto Press, 2001
Library of Congress KD3525.G74 2001 | Dewey Decimal 306.483

Rage for Order
Lauren Benton
Harvard University Press, 2016
Library of Congress KD5020.B46 2016 | Dewey Decimal 342.11241

Lauren Benton and Lisa Ford find the origins of international law in empires, especially in the British Empire’s sprawling efforts to refashion the imperial constitution and reorder the world. These attempts touched on all the issues of the early nineteenth century, from slavery to revolution, and changed the way we think about the empire’s legacy.
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Laws of Men and Laws of Nature
Tal GOLAN
Harvard University Press, 2004
Library of Congress KD7521.G65 2004 | Dewey Decimal 347.42067

The Law of the Other: The Mixed Jury and Changing Conceptions of Citizenship, Law, and Knowledge
Marianne Constable
University of Chicago Press, 1994
Library of Congress KD7540.C66 1994 | Dewey Decimal 347.42075209

The Law of the Other is an account of the English doctrine of the "mixed jury". Constable's excavation of the historical, rhetorical, and theoretical foundations of modern law recasts our legal and sociological understandings of the American jury and our contemporary conceptions of law, citizenship, and truth.

The "mixed jury" doctrine allowed resident foreigners to have law suits against English natives tried before juries composed half of natives and half of aliens like themselves. As she traces the transformations in this doctrine from the Middle Ages to its abolition in 1870, Constable also reveals the emergence of a world where law rooted in actual practices and customs of communities is replaced by law determined by officials, where juries no longer strive to speak the truth but to ascertain the facts.
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Habeas Corpus
Paul D. Halliday
Harvard University Press, 2010
Library of Congress KD7612.H35 2010 | Dewey Decimal 345.42056

We call habeas corpus the Great Writ of Liberty. But it was actually a writ of power. In a work based on an unprecedented study of thousands of cases across more than five hundred years, Paul Halliday provides a sweeping revisionist account of the world’s most revered legal device.
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The Privilege against Self-Incrimination: Its Origins and Development
R. H. Helmholz, Charles M. Gray, John H. Langbein, Eben Moglen, Henry E. Smith,
University of Chicago Press, 1997
Library of Congress KD8386.P75 1997 | Dewey Decimal 345.41056

Challenging the accounts of John Henry Wigmore and Leonard W. Levy, this history of the privilege against self-incrimination demonstrates that what has sometimes been taken to be an unchanging tenet of our legal system has actually encompassed many different legal consequences in a history that reaches back to the Middle Ages.

Each chapter of this definitive study uncovers what the privilege meant in practice. The authors trace the privilege from its origins in the medieval period to its first appearance in English common law, and from its translation to the American colonies to its development into an effective protection for criminal defendants in the nineteenth century. The authors show that the modern privilege—the right to remain silent—is far from being a basic civil liberty. Rather, it has evolved through halting and controversial steps. The book also questions how well an expansive notion of the privilege accords with commonly accepted principles of morality.

This book constitutes a major revision of our understanding of an important aspect of both criminal and constitutional law.
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Verdict According to Conscience: Perspectives on the English Criminal Trial Jury, 1200-1800
Thomas Andrew Green
University of Chicago Press, 1985
Library of Congress KD8400.G73 1985 | Dewey Decimal 345.42075

Labor Justice across the Americas
Leon Fink, Juan Palacio
University of Illinois Press, 2018
Library of Congress KDZ432.L33 2017 | Dewey Decimal 344.701

Opinions of specialized labor courts differ, but labor justice undoubtedly represented a decisive moment in worker 's history. When and how did these courts take shape? Why did their originators consider them necessary? Leon Fink and Juan Manuel Palacio present essays that address these essential questions. Ranging from Canada and the United States to Chile and Argentina, the authors search for common factors in the appearance of labor courts while recognizing the specific character of the creative process in each nation. Their transnational and comparative approach advances a global perspective on the various mechanisms for regulating industrial relations and resolving labor conflicts. The result is the first country-by-country study of its kind, one that addresses a defining shift in law in the first half of the twentieth century. Contributors: Rossana Barragán Romano, Angela de Castro Gomes, David Díaz-Arias, Leon Fink, Frank Luce, Diego Ortúzar, Germán Palacio, Juan Manuel Palacio, William Suarez-Potts, Fernando Teixeira da Silva, Victor Uribe-Urán, Angela Vergara, and Ronny J. Viales-Hurtado.
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The Columbia River Treaty Revisited: Transboundary River Governance in the Face of Uncertainty
Edited by Barbara Cosens
Oregon State University Press, 2012
Library of Congress KDZ642.C65A3 2012 | Dewey Decimal 346.730469162

The Columbia River Treaty, concluded in 1961 and ratified in 1964, split hydropower and flood control regulation of the river between Canada and the United States. Some of its provisions will expire in 2024, and either country must give ten years’ notice of any desired alteration or termination.

The Columbia River Treaty Revisited, with contributions from historians, geographers, environmental scientists, and other experts, is intended to facilitate conversation about the impending expiration. It allows the reader, through the close inspection of the Columbia River Basin, to better grasp the uncertainty of water governance. It aids efforts, already underway, to understand changes in the basin since the treaty was passed, to predict future changes, and to determine whether alteration of the treaty is ultimately advisable.

The Columbia River Treaty Revisited will appeal to those interested in water basin management–scholars, stakeholders, and residents of the Columbia River basin alike.

A Project of the Universities Consoritum on Columbia River Governance
The Universities Consortium on Columbia River Governance, with representatives from universities in the U.S. and Canada, formed to offer a nonpartisan platform to facilitate an informed, inclusive, international dialogue among key decision-makers and other interested people and organizations; to connect university research to problems faced within the basin; and to expose students to a complex water resources problem. The Consortium organized the symposium on which this volume is based.
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The Conscience of the Court: Selected Opinions of Justice William J. Brennan Jr. on Freedom and Equality
Edited by Stephen L. Sepinuck and Mary Pat Treuthart
Southern Illinois University Press, 1999
Library of Congress KF213.B73S47 1999 | Dewey Decimal 342.73085

The Conscience of the Court celebrates the work of Justice William J. Brennan Jr., who served on the United States Supreme Court for thirty-four years (1956–1990).

Stephen L. Sepinuck and Mary Pat Treuthart introduce and present selected judicial opinions written by Justice Brennan on issues involving personal freedom, civil liberties, and equality. Brennan is ranked by many as the best writer ever to have served on the Supreme Court, and his written opinions depict real people, often in desperate, emotional situations. Remarkable for their clarity of analysis, for their eloquence, and for their forcefulness and persuasiveness, his opinions demonstrate that judicial thought need not be a proprietary enclave of lawyers or the intellectual elite.

The extended excerpts selected by Sepinuck and Treuthart highlight Brennan's approach to judicial decision making. Concerned always with how each decision would actually affect people's lives, Brennan possessed a rare quality of empathy. In Brennan, the editors note, "people and groups who lacked influence in society—Communists and flag burners, children and foreigners, criminal defendants and racial minorities"—found a champion they could count on "to listen to their causes and judge them unmoved by the passions of the politically powerful."

In their introduction to each opinion, the editors provide background facts, discuss how the excerpted opinion transformed the law or otherwise fit into the realm of constitutional jurisprudence, and delve into Justice Brennan's judicial philosophy, his method of constitutional interpretation, and the language he used.

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Narrative, Violence, and the Law: The Essays of Robert Cover
Martha Minow, Michael Ryan, and Austin Sarat, Editors
University of Michigan Press, 1995
Library of Congress KF213.C63 1993 | Dewey Decimal 348.732

"Bob Cover was and remains the dominant voice of his generation among legal scholars. These essays, each one magnificent in itself, are, when taken together, even more important. The wisdom they impart is forever." --Guido Calabresi, Dean and Sterling Professor of Law, Yale University
"Robert Cover drew his sources for the authority of law--for its violence, but also for its paideic potential--from the structuring stories that spark our communal imaginations. Literally until the day of his untimely death, his irreplaceably restless spirit was binding itself with the pages of the Midrash, of The Brothers Karamazov, of Billy Budd, Sailor. It is for us now to work also with these--Bob Cover's stories."--Richard Weisberg, Benjamin N. Cardozo Law School, Yeshiva University
"The writings of Robert Cover were usually provocative, sometimes exasperating, but always relevant. In his last years, he concentrated on Jewish sources as well as mystical and Messianic thought. This collection of his articles is a thesaurus of some of his finest writings."--Robert F. Drinan, S.J., Georgetown University Law Center
The late Robert Cover was Professor of Law, Yale Law School. Martha Minow is Professor of Law, Harvard Law School. Michael Ryan is Professor of English, Northeastern University. Austin Sarat is William Nelson Cromwell Professor of Jurisprudence and Political Science and Chair of the Program in Law, Jurisprudence, and Social Thought, Amherst College.
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Closing Arguments: Clarence Darrow on Religion, Law, and Society
Clarence Darrow
Ohio University Press, 2005
Library of Congress KF213.D3J67 2005 | Dewey Decimal 340.115

Closing Arguments: Clarence Darrow on Religion, Law, and Society collects, for the first time, Darrow's thoughts on his three main preoccupations. The effect reveals a carefully conceived philosophy, expressed with delightful pungency and clarity. The provocative content of these writings still challenges us. His thoughts on social issues, especially on the dangers of religious fundamentalism, are uncannily prescient. A dry and even misanthropic humor lightens his essays, and his reflections on himself and his philosophy reveal a quiet dignity at the core of a man better known for provoking Americans during an era of unprecedented tumult. From the wry "Is the Human Race Getting Anywhere," to the scornful "Patriotism," and his elegaic summing up, "At Seventy-Two," Darrow's writing still stimulates and pleases. Darrow, son of a village undertaker and coffinmaker, rose to become one of America's greatest attorneys—and surely its most famous. The Ohio native gained fame for being at the center of momentous trials, including his 1924 defense of Leopold and Loeb and his defense of Darwinian principles in the 1925 Scopes "Monkey Trial." Some have traced Darrow's lifelong campaign against capital punishment to his boyhood terror at seeing a Civil War soldier buried—and no client of Darrow's was ever executed, not even black men who were charged with murder for defending themselves against a white mob. A rebel who always sided intellectually and emotionally with the minority, Darrow remains a figure to contend with sixty-seven years after his death. "Inside every lawyer is the wreck of a poet," Darrow once said. Closing Arguments demonstrates that, in his case, that statement is true.
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Attorney for the Damned: Clarence Darrow in the Courtroom
Clarence Darrow
University of Chicago Press, 2012
Library of Congress KF213.D3W4 1989 | Dewey Decimal 349.73

A famous defender of the underdog, the oppressed, and the powerless, Clarence Darrow (1857–1938) is one of the true legends of the American legal system. His cases were many and various, but all were marked by his unequivocal sense of justice, as well as his penchant for representing infamous and unpopular clients, such as the Chicago thrill killers Leopold and Loeb; Ossian Sweet, the African American doctor charged with murder after fighting off a violent, white mob in Detroit; and John T. Scopes, the teacher on trial in the famous Scopes Monkey Trial.
Published for the first time in 1957, Attorney for the Damned collects Darrow’s most influential summations and supplements them with scene-setting explanations and comprehensive notes by Arthur Weinberg. Darrow confronts issues that remain relevant over half a century after his death: First Amendment rights, capital punishment, and the separation of church and state. With an insightful forward by Justice William O. Douglas, this volume serves as a powerful reminder of Darrow’s relevance today.

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Sexy Dressing Etc.
Duncan Kennedy
Harvard University Press, 1993
Library of Congress KF213.K38 1993 | Dewey Decimal 340.115

Restoring Justice: The Speeches of Attorney General Edward H. Levi
Edward H. Levi
University of Chicago Press, 2013
Library of Congress KF213.L39F85 2013 | Dewey Decimal 340.092

In the wake of Watergate, Gerald Ford appointed eminent lawyer and scholar Edward H. Levi to the post of attorney general—and thus gave him the onerous task of restoring legitimacy to a discredited Department of Justice. Levi was famously fair-minded and free of political baggage, and his inspired addresses during this tumultuous time were critical to rebuilding national trust. They reassured a tense and troubled nation that the Department of Justice would act in accordance with the principles underlying its name, operating as a nonpartisan organization under the strict rule of law.

For Restoring Justice, Jack Fuller has carefully chosen from among Levi’s speeches a selection that sets out the attorney general’s view of the considerable challenges he faced: restoring public confidence through discussion and acts of justice, combating the corrosive skepticism of the time, and ensuring that the executive branch would behave judicially. Also included are addresses and Congressional testimonies that speak to issues that were hotly debated at the time, including electronic surveillance, executive privilege, separation of powers, antitrust enforcement, and the guidelines governing the FBI—many of which remain relevant today.         
          
Serving at an almost unprecedentedly difficult time, Levi was among the most admired attorney generals of the modern era. Published here for the first time, the speeches in Restoring Justice offer a superb sense of the man and his work.

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Courting Justice: Ten New Jersey Cases That Shook the Nation
Tractenberg, Paul L
Rutgers University Press, 2013
Library of Congress KF220.C67 2013 | Dewey Decimal 347.74907

Since 1947 a modernized New Jersey Supreme Court has played an important and controversial role in the state, nation, and world.  Its decisions in cutting-edge cases have confronted society’s toughest issues, reflecting changing social attitudes, modern life’s complexities, and new technologies.

Paul Tractenberg has selected ten of the court’s landmark decisions between 1960 and 2011 to illustrate its extensive involvement in major public issues, and to assess its impact. Each case chapter is authored by a distinguished academic or professional expert, several of whom were deeply involved in the cases’ litigation, enabling them to provide special insights. An overview chapter provides context for the court’s distinctive activity.

Many of the cases are so widely known that they have become part of the national conversation about law and policy. In the Karen Ann Quinlan decision, the court determined the right of privacy extends to refusing life-sustaining treatment. The Baby M case reined in surrogate parenting and focused on the child’s best interests. In the Mount Laurel decision, the court sought to increase affordable housing for low- and moderate-income residents throughout the state. The Megan’s Law case upheld legal regulation of sex offender community notification. A series of decisions known as Abbott/Robinson required the state to fund poor urban school districts at least on par with suburban districts.

Other less well known cases still have great public importance. Henningsen v. Bloomfield Motors reshaped product liability and tort law to protect consumers injured by defective cars; State v. Hunt shielded privacy rights from unwarranted searches beyond federal standards; Lehmann v. Toys ‘R’ Us protected employees from sexual harassment and a hostile work environment; Right to Choose v. Byrne expanded state constitutional abortion rights beyond the federal constitution; and Marini v. Ireland protected low-income tenants against removal from their homes.   

For some observers, the New Jersey Supreme Court represents the worst of judicial activism; others laud it for being, in its words, “the designated last-resort guarantor of the Constitution's command.” For Tractenberg, the court’s activism means it tends to find for the less powerful over the more powerful and for the public good against private interests, an approach he applauds.
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The Trial in American Life
Robert A. Ferguson
University of Chicago Press, 2006
Library of Congress KF220.F39 2007 | Dewey Decimal 345.7307

In a bravura performance that ranges from Aaron Burr to O. J. Simpson, Robert A. Ferguson traces the legal meaning and cultural implications of prominent American trials across the history of the nation. His interdisciplinary investigation carries him from courtroom transcripts to newspaper accounts, and on to the work of such imaginative writers as Emerson, Thoreau, William Dean Howells, and E. L. Doctorow. Ferguson shows how courtrooms are forced to cope with unresolved communal anxieties and how they sometimes make legal decisions that change the way Americans think about themselves. Burning questions control the narrative. How do such trials mushroom into major public dramas with fundamental ideas at stake? Why did outcomes that we now see as unjust enjoy such strong communal support at the time? At what point does overexposure undermine a trial’s role as a legal proceeding?
           
Ultimately, such questions lead Ferguson to the issue of modern press coverage of courtrooms. While acknowledging that media accounts can skew perceptions, Ferguson argues forcefully in favor of full television coverage of them—and he takes the Supreme Court to task for its failure to grasp the importance of this issue. Trials must be seen to be understood, but Ferguson reminds us that we have a duty, currently ignored, to ensure that cameras serve the court rather than the media.
           
The Trial in American Life weaves Ferguson’s deep knowledge of American history, law, and culture into a fascinating book of tremendous contemporary relevance.
            
 “A distinguished law professor, accomplished historian, and fine writer, Robert Ferguson is uniquely qualified to narrate and analyze high-profile trials in American history. This is a superb book and a tremendous achievement. The chapter on John Brown alone is worth the price of admission.”—Judge Richard Posner
 
“A noted scholar of law and literature, [Ferguson] offers a work that is broad in scope yet focuses our attention on certain themes, notably the possibility of injustice, as illustrated by the Haymarket and Rosenberg prosecutions; the media’s obsession with pandering to baser instincts; and the future of televised trials. . . . One of the best books written on this subject in quite some time.”—Library Journal, starred review
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Popular Trials: Rhetoric, Mass Media, and the Law
Robert Hariman
University of Alabama Press, 1993
Library of Congress KF220.P67 1990 | Dewey Decimal 345.737

Contemporary scholarship illustrates the law’s increasingly powerful role in American life; legal education, in turn, has focused on the problems and techniques of communication. This book addresses these interests through critical study of eight popular trials: the 17th-century trial of Dr. Henry Sacheverell, and the 20th-century trials of Scopes, the Rosenbergs, the Chicago Seven, the Catonsville Nine, John Hinckley, Claus von Bulow, and San Diego Mayor Larry Hedgecock. Such trials spark major public debates, become symbols of public life, and legitimize particular beliefs and institutions. Despite high visibility and drama, however, the popular trial has not received sufficient study as persuasive event. Lying at the intersection of the institutional practices of law and the mass media, the popular trial has confounded study according to the conventional assumptions of scholarship in both law and communication studies.

            This volume defines popular trials as a genre of public communication, a genre that includes trials unusually prominent within public discourse. Further, popular trials are often characterize by special media presentations through televised coverage of the trial itself and news analysis, intense audience identification with the principal actors, and political and social consequences independent of the legal action. The essays in this volume stress the rhetorical functions of popular trials. Contributors in addition to the editor include Lawrance M. Bernabo, Barry Brummett, Celeste Michelle Condit, Juliet Dee, Susan J. Drucker, J. Justin Gustainis, Janice Platt Hunold, William Lewis, John Louis Lucaites, and Larry A. Williamson.
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Communication and Litigation: Case Studies of Famous Trials
Janice Schuetz
Southern Illinois University Press, 1988
Library of Congress KF220.S38 1988 | Dewey Decimal 347.737

Examination of seven famous trials, each concluding with an evaluation of the trial by a lawyer, judge, law professor, or communication scholar.

The Washington Post coverage of the John Hinckley case preceding the trial demonstrates the effects media may have on a trial. The Haymarket riot trial serves as an example of opening statements in a storytelling form.

By analyzing the trial of Bruno Richard Hauptmann, Schuetz and Snedaker explain direct examination according to its purpose, legal rules, ordering of witnesses, verbal and nonverbal techniques of interrogation, and tactics for introducing evidence.

The cross-examination in the Sacco-Vanzetti case shows how advocates enhance or decrease their persuasiveness by adopting communication maneuvers. Closing arguments in the Rosenberg trial took the form of a refutative story with a dual persuasive and instructional content.

The Supreme Court appeal in the Sam Sheppard case demonstrates the procedures, form, content, and style of arguments of appellate briefs. The Chicago Eight trial is an example of trial as theatre.

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The Logic of Women on Trial: Case Studies of Popular American Trials
Janice Schuetz
Southern Illinois University Press, 1994
Library of Congress KF220.S383 1994 | Dewey Decimal 345.7303

Janice Schuetz investigates the felony trials of nine American women from colonial Salem to the present: Rebecca Nurse, tried for witchcraft in 1692; Mary E. Surratt, tried in 1865 for assisting John Wilkes Booth in the assassination of Abraham Lincoln; Lizzie Andrew Borden, tried in 1892 for the ax murder of her father and stepmother; Margaret Sanger, tried in 1915, 1917, and 1929 for her actions in support of birth control; Ethel Rosenberg, tried in 1951 for aiding the disclosure of secrets of the atom bomb to the Soviets; Yvonne Wanrow, tried in 1974 for killing a man who molested her neighbor’s daughter; Patricia Campbell Hearst, tried in 1975 for bank robbery as a member of the Symbionese Liberation Army; Jean Harris, tried in 1982 for killing Herman Tarnower, the Diet Doctor; and Darci Kayleen Pierce, tried in 1988 for kidnapping and brutally murdering a pregnant woman, then removing the baby from the woman’s womb.

In her analysis, Schuetz is careful to define these trials as popular trials. Characteristically, popular trials involve persons, issues, or crimes of social interest that attract extensive public interest and involvement. Such trials make a contribution to the ongoing historical dialogue about the meaning of justice and the legal system, while reflecting the values of the time and place in which they occur.

Schuetz examines the kinds of communication that transpired and the importance of gender in the trials by applying a different current rhetorical theory to each trial text. In every chapter, she explains her chosen interpretive theory, compares that framework with the discourse of the trial, and makes judgments about the meaning of the trial texts based on the interpretive theory.

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Wrongly Convicted: Perspectives on Failed Justice
Westervelt, Saundra D
Rutgers University Press, 2001
Library of Congress KF220.W76 2001 | Dewey Decimal 364.973

The American criminal justice system contains numerous safeguards to prevent the conviction of innocent persons. The Bill of Rights provides nineteen separate rights for the alleged criminal offender, including the right to effective legal representation and the right to be judged without regard to race or creed. Despite these safeguards, wrongful convictions persist, and the issue has reverberated in the national debate over capital punishment.

The essays in this volume are written from a cross-disciplinary perspective by some of the most eminent lawyers, criminologists, and social scientists in the field today. The articles are divided into four sections: the causes of wrongful convictions, the social characteristics of the wrongly convicted, case studies and personal histories, and suggestions for changes in the criminal justice system to prevent wrongful convictions. Contributors examine a broad range of issues, including the fallibility of eyewitness testimony, particularly in cross-racial identifications; the disadvantages faced by racial and ethnic minorities in the criminal justice system; and the impact of new technologies, especially DNA evidence, in freeing the innocent and bringing the guilty to justice. The book also asks such questions as: What legal characteristics do wrongful convictions share? What are the mechanisms that defendants and their attorneys use to overturn wrongful convictions? The book also provides case studies that offer specific examples of what can and does go wrong in the criminal justice system.

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The Fear Within: Spies, Commies, and American Democracy on Trial
Martelle, Scott
Rutgers University Press, 2011
Library of Congress KF221.C55M37 2011 | Dewey Decimal 345.730231

Sixty years ago political divisions in the United States ran even deeper than today's name-calling showdowns between the left and right. Back then, to call someone a communist was to threaten that person's career, family, freedom, and, sometimes, life itself. Hysteria about the "red menace" mushroomed as the Soviet Union tightened its grip on Eastern Europe, Mao Zedong rose to power in China, and the atomic arms race accelerated. Spy scandals fanned the flames, and headlines warned of sleeper cells in the nation's midst--just as it does today with the "War on Terror."

In his new book, The Fear Within, Scott Martelle takes dramatic aim at one pivotal moment of that era. On the afternoon of July 20, 1948, FBI agents began rounding up twelve men in New York City, Chicago, and Detroit whom the U.S. government believed posed a grave threat to the nation--the leadership of the Communist Party-USA. After a series of delays, eleven of the twelve "top Reds" went on trial in Manhattan's Foley Square in January 1949.

The proceedings captivated the nation, but the trial quickly dissolved into farce. The eleven defendants were charged under the 1940 Smith Act with conspiring to teach the necessity of overthrowing the U.S. government based on their roles as party leaders and their distribution of books and pamphlets. In essence, they were on trial for their libraries and political beliefs, not for overt acts threatening national security. Despite the clear conflict with the First Amendment, the men were convicted and their appeals denied by the U.S. Supreme Court in a decision that gave the green light to federal persecution of Communist Party leaders--a decision the court effectively reversed six years later. But by then, the damage was done. So rancorous was the trial the presiding judge sentenced the defense attorneys to prison terms, too, chilling future defendants' access to qualified counsel.

Martelle's story is a compelling look at how American society, both general and political, reacts to stress and, incongruously, clamps down in times of crisis on the very beliefs it holds dear: the freedoms of speech and political belief. At different points in our history, the executive branch, Congress, and the courts have subtly or more drastically eroded a pillar of American society for the politics of the moment. It is not surprising, then, that The Fear Within takes on added resonance in today's environment of suspicion and the decline of civil rights under the U.S. Patriot Act.

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Errors, Lies, and Libel
Peter E. Kane. Foreword by Elmer Gertz
Southern Illinois University Press, 1991
Library of Congress KF221.L5K36 1992 | Dewey Decimal 345.730256

Peter E. Kane takes a critical look at the development of the present law through a discussion of seventeen landmark libel cases.

One of the many points Kane clarifies is the important distinction between an error and a lie when judging whether someone is guilty of libel. For example, in the series of events that led to Goldwater vs. Ginzburg, Ralph Ginzburg, publisher of fact magazine, compiled and printed in fact a montage of quotes he had collected from psychiatrists about Barry Goldwater. It took five years of legal sparring for the courts to conclude that Ginzburg had deliberately published a malicious and irresponsible document and to rule in favor of Goldwater. Kane closes with a discussion of current thinking on possible libel reform.

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Racial Reckoning
Renee C. Romano
Harvard University Press, 2014
Library of Congress KF221.M8R66 2014 | Dewey Decimal 345.7302523

Few whites who violently resisted the civil rights struggle were charged with crimes in the 1950s and 1960s. But the tide of changed in 1994, and more than one hundred murder cases have been reopened, resulting in over a dozen trials. Yet, as Renee C. Romano shows, addressing the nation’s troubled racial past will require more than legal justice.
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FUGITIVE JUSTICE: Runaways, Rescuers, and Slavery on Trial
Steven Lubet
Harvard University Press, 2010
Library of Congress KF221.P6L83 2010 | Dewey Decimal 342.73087

In this book, Steven Lubet examines, in detail, three trials on the great issue of fugitive slaves in the 1850’s, the fugitive slave statutes, and how the legal system coped or failed to cope with the apparent inconsistencies between the Constitution supporting slavery and its purpose of guaranteeing certain rights to every man. The first case occurred in 1851 when a white Pennsylvania miller named Caster Hanway faced treason charges based on his participation in the Christiana slave riot. The second trial was of Anthony Burns in Boston, and the third case arose out of the 1858 capture of John Price by Kentucky slavehunters in the abolitionist stronghold of Oberlin, Ohio. The fugitive slave trials also provide modern readers with uncomfortable insights into the nature of slavery itself. With sincere conviction, many northern judges – including some who claimed to oppose slavery – calmly considered the quantum of evidence necessary to turn a human being into property. This book powerfully illuminates the tremendous bravery of the fugitives, the moral courage of their rescuers and lawyers, and, alas, the failure of American legal and political institutions to come to grips with slavery short of civil war.
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Divided Loyalties: Young Somali Americans and the Lure of Extremism
Joseph Weber
Michigan State University Press, 2020
Library of Congress KF221.P6W43 2020 | Dewey Decimal 345.7302317

Why do people join violent extremist movements? What attracts so many to fight for terrorist groups like al-Shabab, al-Qaida, and the Islamic State? Journalism professor Joseph Weber answers these questions by examining the case of the more than fifty Somali Americans, mostly young men from Minnesota, who made their way to Somalia or Syria, attempted to get to those countries, aided people who did, or financially backed terrorist groups there. Often defying parents who had fled to the United States seeking safety and prosperity for their children, many of these youths ended up dead, missing, or imprisoned. But for every person who went on or attempted this journey believing they were rising to the defense of Islam, more rejected the temptations of terrorism. What made the difference? The book takes a close look at one man from Minneapolis, the American-born son of a couple who had fled Somalia, who came dangerously close to answering the ISIS call. Abdirahman Abdirashid Bashir’s cousins and friends had taken up arms for the group and reached out to him to join them. From 2014 to 2016 he and a dozen friends—some still in their teens—schemed to find ways to get to Syria. Some succeeded. In the end, Bashir made a different choice. Not only did he reject ISIS’s call, he decided to work with the FBI to spy on his friends and ultimately to testify against them in court. Drawing on extensive interviews, Weber explains why.
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JOHN BROWN'S TRIAL
Brian McGinty
Harvard University Press, 2009
Library of Congress KF223.B765M34 2009 | Dewey Decimal 973.7116

Mixing idealism with violence, abolitionist John Brown cut a wide swath across the United States before winding up in Virginia, where he led an attack on the U.S. armory and arsenal at Harpers Ferry. Supported by a "provisional army" of 21 men, Brown hoped to rouse the slaves in Virginia to rebellion. But he was quickly captured and, after a short but stormy trial, hanged on December 2, 1859. Brian McGinty provides the first comprehensive account of the trial, which raised important questions about jurisdiction, judicial fairness, and the nature of treason under the American constitutional system.
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The Industrialist and the Mountaineer: The Eastham-Thompson Feud and the Struggle for West Virginia's Timber Frontier
RONALD L. LEWIS
West Virginia University Press, 2017
Library of Congress KF223.E275L49 2017 | Dewey Decimal 345.75402523

In 1897 a small landholder named Robert Eastham shot and killed timber magnate Frank Thompson in Tucker County, West Virginia, leading to a sensational trial that highlighted a clash between local traditions and modernizing forces. Ronald L. Lewis’s book uses this largely forgotten episode as a window into contests over political, environmental, and legal change in turn-of-the-century Appalachia.
 
The Eastham-Thompson feud pitted a former Confederate against a member of the new business elite who was, as a northern Republican, his cultural and political opposite. For Lewis, their clash was one flashpoint in a larger phenomenon central to US history in the second half of the nineteenth century: the often violent imposition of new commercial and legal regimes over holdout areas stretching from Appalachia to the trans-Missouri West. Taking a ground-level view of these so-called “wars of incorporation,” Lewis’s powerful microhistory shows just how strongly local communities guarded traditional relationships to natural resources. Modernizers sought to convict Eastham of murder, but juries drawn from the traditionalist population refused to comply. Although the resisters won the courtroom battle, the modernizers eventually won the war for control of the state’s timber frontier.
 
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The Lost Cause: The Trials of Frank and Jesse James
James P. Muehlberger
Westholme Publishing, 2013
Library of Congress KF223.J34.M+ | Dewey Decimal 364.15520922

The True Story Behind the Legendary Outlaw Gang, a Civil War Vendetta, and the Forgotten Court Documents That Helped Seal Their Fate
 On a dreary December 7, 1869, two strangers entered the Daviess County Savings and Loan in Gallatin, Missouri. One of the men asked the cashier for change and then unexpectedly raised a revolver and shot him at point-blank range. Until now, this crime has been considered the first of a string of bank and train robberies committed by Jesse James, his brother Frank, and other gang members. But a story has circulated for more than a century that the case was actually brought to trial by a young Missouri lawyer—and it was through this case that twenty-two-year-old Jesse was first identified as a criminal to the country. But until recently no evidence for such an action could be found. After years of painstaking searches through dusty court archives across Missouri, defense attorney James P. Muehlberger finally discovered the historic documents in 2007. These fascinating and important records reveal that the gunmen were forced to leave behind a magnificent thoroughbred that linked James to the murder and, more intriguing, that the attack was not a bank robbery at all, but a calculated assassination in retribution for a Civil War killing.
The Lost Cause: The Trials of Frank and Jesse James is a thoroughly researched, thrilling account of the rise, pursuit, and prosecution of the legendary outlaw gang. Beginning with the newfound evidence of the Gallatin bank teller murder, the author explains how Jesse James attempted to avenge the death of his Confederate partisan leader, “Bloody Bill” Anderson, but shot the wrong man. Having lost his thoroughbred, Jesse stole another horse. Newly minted lawyer Henry McDougal brashly sued Jesse and Frank James for the loss of property, which would hang the murder on their heads. While Jesse professed his innocence and remained at large, his case was taken up by John Newman Edwards, editor of the Kansas City Times. Through Edwards’s pen, the James brothers were transformed from petty criminals to noble outlaws still fighting for Southern honor—the “Lost Cause.” Not fooled by Edwards’s rhetoric and populist appeal, McDougal and others, including Pinkerton detectives and the governor of Missouri, led a behind-the-scenes fight to bring down the gang. As the author explains, they first prosecuted lesser gang members, and by infiltrating the group, the authorities slowly unraveled the gang, with Jesse being shot by a paid informant in 1882. Frank James gave himself up, and in what was called the “trial of the century,” he was exonerated on all charges and retired to become a notable horse racing official until his death in 1915. Combining true crime, western adventure, and the transformation of America into a modern nation, The Lost Cause is engaging, entertaining history.
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Books nearby on Shelf:
Canon Law, Religion, and Politics
"Liber Amicorum" Robert Somerville
Uta-Renate Blumenthal
Catholic University of America Press, 2012
Canon Law, Religion, and Politics extends and honors the work of the distinguished historian Robert Somerville, a preeminent expert on medieval church councils, law, and papal history.
[more]
The History of Courts and Procedure in Medieval Canon Law
Wilfried Hartmann
Catholic University of America Press, 2016
By the end of the thirteenth century, court procedure in continental Europe in secular and ecclesiastical courts shared many characteristics. As the academic jurists of the Ius commune began to excavate the norms of procedure from Justinian's great codification of law and then to expound them in the classroom and in their writings, they shaped the structure of ecclesiastical courts and secular courts as well. These essays also illuminate striking differences in the sources that we find in different parts of Europe. In northern Europe the archives are rich but do not always provide the details we need to understand a particular case. In Italy and Southern France the documentation is more detailed than in other parts of Europe but here too the historical records do not answer every question we might pose to them. In Spain, detailed documentation is strangely lacking, if not altogether absent. Iberian conciliar canons and tracts on procedure tell us much about practice in Spanish courts. As these essays demonstrate, scholars who want to peer into the medieval courtroom, must also read letters, papal decretals, chronicles, conciliar canons, and consilia to provide a nuanced and complete picture of what happened in medieval trials. This volume will give sophisticated guidance to all readers with an interest in European law and courts.
[more]
The History of the Common Law of England
Sir Matthew Hale
University of Chicago Press, 1973
This volume includes the complete text of the third edition of 1739.
[more]
The Mysterious Science of the Law
An Essay on Blackstone's Commentaries
Daniel J. Boorstin
University of Chicago Press, 1996
Referred to as the "bible of American lawyers," Blackstone's Commentaries on the Laws of England shaped the principles of law in both England and America when its first volume appeared in 1765. For the next century that law remained what Blackstone made of it. Daniel J. Boorstin examines why Commentaries became the most essential knowledge that any lawyer needed to acquire. Set against the intellectual values of the eighteenth century-and the notions of Reason, Nature, and the Sublime—Commentaries is at last fitted into its social setting. Boorstin has provided a concise intellectual history of the time, illustrating all the elegance, social values, and internal contradictions of the Age of Reason.
[more]
Commentaries on the Laws of England, Volume 1
A Facsimile of the First Edition of 1765-1769
William Blackstone
University of Chicago Press, 1979
Sir William Blackstone's Commentaries on the Laws of England (1765-1769) stands as the first great effort to reduce the English common law to a unified and rational system. Blackstone demonstrated that the English law as a system of justice was comparable to Roman law and the civil law of the Continent. Clearly and elegantly written, the work achieved immediate renown and exerted a powerful influence on legal education in England and in America which was to last into the late nineteenth century. The book is regarded not only as a legal classic but as a literary masterpiece.

Previously available only in an expensive hardcover set, Commentaries on the Laws of England is published here in four separate volumes, each one affordably priced in a paperback edition. These works are facsimiles of the eighteenth-century first edition and are undistorted by later interpolations. Each volume deals with a particular field of law and carries with it an introduction by a leading contemporary scholar.

In his introduction to this first volume, Of the Rights of Persons, Stanley N. Katz presents a brief history of Blackstone's academic and legal career and his purposes in writing the Commentaries. Katz discusses Blackstone's treatment of the structure of the English legal system, his attempts to justify it as the best form of government, and some of the problems he encountered in doing so.
[more]
A Dialogue between a Philosopher and a Student of the Common Laws of England
Thomas Hobbes
University of Chicago Press, 1997
This little-known late writing of Hobbes reveals an unexplored dimension of his famous doctrine of sovereignty. The essay was first published posthumously in 1681, and from 1840 to 1971 only a generally unreliable edition has been in print. This edition provides the first dependable and easily accessible text of Hobbes's Dialogue. In the Dialogue, Hobbes sets forth his mature reflections of the relation between reason and law, reflections more "liberal" than those found in Leviathan and his other well-known writings. Hobbes proposes a separation of the functions of government in the interest of common sense and humaneness without visibly violating his dictum that the sharing or division of sovereignty is an absurdity. This new edition of the Dialogue is a significant contribution to our understanding of seventeenth-century political philosophy.

"Hobbes students are indebted to Professor Cropsey for this scholarly and accessible edition of Dialogue."—J. Roland Pennock, American Political Science Review

"An invaluable aid to the study of Hobbes."—Review of Metaphysics
[more]
Family Law Matters
Katherine O'Donovan
Pluto Press, 1993

Wife and Widow in Medieval England
Sue Sheridan Walker, Editor
University of Michigan Press, 1993
Examines the role of women in medieval law and society
[more]
Intellectual Property Rights for Engineers
Vivien Irish
The Institution of Engineering and Technology, 2005
This fully revised and updated edition of Intellectual Property Rights for Engineers addresses recent developments in the area. The book explains the general principles behind the law protecting innovation, quoting cases from the engineering domain in order to clarify legal issues. Chapters outline the basic rights through automatic protection (copyright, design right) and registration systems (patent, registered design, trade mark), and also discusses the issues surrounding confidential information. The book clarifies precisely who owns the rights and how their use is constrained by EC law, and goes on to explain how to license or even litigate when necessary. Finally, strategic aspects for decision-making and management are discussed.
[more]
Changing Unjust Laws Justly
Pro-Life Solidarity with "The Last and Least"
Colin Harte
Catholic University of America Press, 2005
Changing Unjust Laws Justly is the first book to address systematically the practical, legal, and ethical problems that are encountered in well-intentioned attempts to restrict abortion. It will be of considerable interest not only to political, legal, and moral philosophers, but also to lawmakers and the pro-life movement generally.
[more]
Beyond Control
Medical Power and Abortion Law
Sally Sheldon
Pluto Press, 1997

Regulating Football
Commodification, Consumption and the Law
Steve Greenfield and Guy Osborn
Pluto Press, 2001

Rage for Order
Lauren Benton
Harvard University Press, 2016
Lauren Benton and Lisa Ford find the origins of international law in empires, especially in the British Empire’s sprawling efforts to refashion the imperial constitution and reorder the world. These attempts touched on all the issues of the early nineteenth century, from slavery to revolution, and changed the way we think about the empire’s legacy.
[more]
Laws of Men and Laws of Nature
Tal GOLAN
Harvard University Press, 2004

The Law of the Other
The Mixed Jury and Changing Conceptions of Citizenship, Law, and Knowledge
Marianne Constable
University of Chicago Press, 1994
The Law of the Other is an account of the English doctrine of the "mixed jury". Constable's excavation of the historical, rhetorical, and theoretical foundations of modern law recasts our legal and sociological understandings of the American jury and our contemporary conceptions of law, citizenship, and truth.

The "mixed jury" doctrine allowed resident foreigners to have law suits against English natives tried before juries composed half of natives and half of aliens like themselves. As she traces the transformations in this doctrine from the Middle Ages to its abolition in 1870, Constable also reveals the emergence of a world where law rooted in actual practices and customs of communities is replaced by law determined by officials, where juries no longer strive to speak the truth but to ascertain the facts.
[more]
Habeas Corpus
Paul D. Halliday
Harvard University Press, 2010
We call habeas corpus the Great Writ of Liberty. But it was actually a writ of power. In a work based on an unprecedented study of thousands of cases across more than five hundred years, Paul Halliday provides a sweeping revisionist account of the world’s most revered legal device.
[more]
The Privilege against Self-Incrimination
Its Origins and Development
R. H. Helmholz, Charles M. Gray, John H. Langbein, Eben Moglen, Henry E. Smith,
University of Chicago Press, 1997
Challenging the accounts of John Henry Wigmore and Leonard W. Levy, this history of the privilege against self-incrimination demonstrates that what has sometimes been taken to be an unchanging tenet of our legal system has actually encompassed many different legal consequences in a history that reaches back to the Middle Ages.

Each chapter of this definitive study uncovers what the privilege meant in practice. The authors trace the privilege from its origins in the medieval period to its first appearance in English common law, and from its translation to the American colonies to its development into an effective protection for criminal defendants in the nineteenth century. The authors show that the modern privilege—the right to remain silent—is far from being a basic civil liberty. Rather, it has evolved through halting and controversial steps. The book also questions how well an expansive notion of the privilege accords with commonly accepted principles of morality.

This book constitutes a major revision of our understanding of an important aspect of both criminal and constitutional law.
[more]
Verdict According to Conscience
Perspectives on the English Criminal Trial Jury, 1200-1800
Thomas Andrew Green
University of Chicago Press, 1985

Labor Justice across the Americas
Leon Fink, Juan Palacio
University of Illinois Press, 2018
Opinions of specialized labor courts differ, but labor justice undoubtedly represented a decisive moment in worker 's history. When and how did these courts take shape? Why did their originators consider them necessary? Leon Fink and Juan Manuel Palacio present essays that address these essential questions. Ranging from Canada and the United States to Chile and Argentina, the authors search for common factors in the appearance of labor courts while recognizing the specific character of the creative process in each nation. Their transnational and comparative approach advances a global perspective on the various mechanisms for regulating industrial relations and resolving labor conflicts. The result is the first country-by-country study of its kind, one that addresses a defining shift in law in the first half of the twentieth century. Contributors: Rossana Barragán Romano, Angela de Castro Gomes, David Díaz-Arias, Leon Fink, Frank Luce, Diego Ortúzar, Germán Palacio, Juan Manuel Palacio, William Suarez-Potts, Fernando Teixeira da Silva, Victor Uribe-Urán, Angela Vergara, and Ronny J. Viales-Hurtado.
[more]
The Columbia River Treaty Revisited
Transboundary River Governance in the Face of Uncertainty
Edited by Barbara Cosens
Oregon State University Press, 2012
The Columbia River Treaty, concluded in 1961 and ratified in 1964, split hydropower and flood control regulation of the river between Canada and the United States. Some of its provisions will expire in 2024, and either country must give ten years’ notice of any desired alteration or termination.

The Columbia River Treaty Revisited, with contributions from historians, geographers, environmental scientists, and other experts, is intended to facilitate conversation about the impending expiration. It allows the reader, through the close inspection of the Columbia River Basin, to better grasp the uncertainty of water governance. It aids efforts, already underway, to understand changes in the basin since the treaty was passed, to predict future changes, and to determine whether alteration of the treaty is ultimately advisable.

The Columbia River Treaty Revisited will appeal to those interested in water basin management–scholars, stakeholders, and residents of the Columbia River basin alike.

A Project of the Universities Consoritum on Columbia River Governance
The Universities Consortium on Columbia River Governance, with representatives from universities in the U.S. and Canada, formed to offer a nonpartisan platform to facilitate an informed, inclusive, international dialogue among key decision-makers and other interested people and organizations; to connect university research to problems faced within the basin; and to expose students to a complex water resources problem. The Consortium organized the symposium on which this volume is based.
[more]
The Conscience of the Court
Selected Opinions of Justice William J. Brennan Jr. on Freedom and Equality
Edited by Stephen L. Sepinuck and Mary Pat Treuthart
Southern Illinois University Press, 1999

The Conscience of the Court celebrates the work of Justice William J. Brennan Jr., who served on the United States Supreme Court for thirty-four years (1956–1990).

Stephen L. Sepinuck and Mary Pat Treuthart introduce and present selected judicial opinions written by Justice Brennan on issues involving personal freedom, civil liberties, and equality. Brennan is ranked by many as the best writer ever to have served on the Supreme Court, and his written opinions depict real people, often in desperate, emotional situations. Remarkable for their clarity of analysis, for their eloquence, and for their forcefulness and persuasiveness, his opinions demonstrate that judicial thought need not be a proprietary enclave of lawyers or the intellectual elite.

The extended excerpts selected by Sepinuck and Treuthart highlight Brennan's approach to judicial decision making. Concerned always with how each decision would actually affect people's lives, Brennan possessed a rare quality of empathy. In Brennan, the editors note, "people and groups who lacked influence in society—Communists and flag burners, children and foreigners, criminal defendants and racial minorities"—found a champion they could count on "to listen to their causes and judge them unmoved by the passions of the politically powerful."

In their introduction to each opinion, the editors provide background facts, discuss how the excerpted opinion transformed the law or otherwise fit into the realm of constitutional jurisprudence, and delve into Justice Brennan's judicial philosophy, his method of constitutional interpretation, and the language he used.

[more]
Narrative, Violence, and the Law
The Essays of Robert Cover
Martha Minow, Michael Ryan, and Austin Sarat, Editors
University of Michigan Press, 1995
"Bob Cover was and remains the dominant voice of his generation among legal scholars. These essays, each one magnificent in itself, are, when taken together, even more important. The wisdom they impart is forever." --Guido Calabresi, Dean and Sterling Professor of Law, Yale University
"Robert Cover drew his sources for the authority of law--for its violence, but also for its paideic potential--from the structuring stories that spark our communal imaginations. Literally until the day of his untimely death, his irreplaceably restless spirit was binding itself with the pages of the Midrash, of The Brothers Karamazov, of Billy Budd, Sailor. It is for us now to work also with these--Bob Cover's stories."--Richard Weisberg, Benjamin N. Cardozo Law School, Yeshiva University
"The writings of Robert Cover were usually provocative, sometimes exasperating, but always relevant. In his last years, he concentrated on Jewish sources as well as mystical and Messianic thought. This collection of his articles is a thesaurus of some of his finest writings."--Robert F. Drinan, S.J., Georgetown University Law Center
The late Robert Cover was Professor of Law, Yale Law School. Martha Minow is Professor of Law, Harvard Law School. Michael Ryan is Professor of English, Northeastern University. Austin Sarat is William Nelson Cromwell Professor of Jurisprudence and Political Science and Chair of the Program in Law, Jurisprudence, and Social Thought, Amherst College.
[more]
Closing Arguments
Clarence Darrow on Religion, Law, and Society
Clarence Darrow
Ohio University Press, 2005
Closing Arguments: Clarence Darrow on Religion, Law, and Society collects, for the first time, Darrow's thoughts on his three main preoccupations. The effect reveals a carefully conceived philosophy, expressed with delightful pungency and clarity. The provocative content of these writings still challenges us. His thoughts on social issues, especially on the dangers of religious fundamentalism, are uncannily prescient. A dry and even misanthropic humor lightens his essays, and his reflections on himself and his philosophy reveal a quiet dignity at the core of a man better known for provoking Americans during an era of unprecedented tumult. From the wry "Is the Human Race Getting Anywhere," to the scornful "Patriotism," and his elegaic summing up, "At Seventy-Two," Darrow's writing still stimulates and pleases. Darrow, son of a village undertaker and coffinmaker, rose to become one of America's greatest attorneys—and surely its most famous. The Ohio native gained fame for being at the center of momentous trials, including his 1924 defense of Leopold and Loeb and his defense of Darwinian principles in the 1925 Scopes "Monkey Trial." Some have traced Darrow's lifelong campaign against capital punishment to his boyhood terror at seeing a Civil War soldier buried—and no client of Darrow's was ever executed, not even black men who were charged with murder for defending themselves against a white mob. A rebel who always sided intellectually and emotionally with the minority, Darrow remains a figure to contend with sixty-seven years after his death. "Inside every lawyer is the wreck of a poet," Darrow once said. Closing Arguments demonstrates that, in his case, that statement is true.
[more]
Attorney for the Damned
Clarence Darrow in the Courtroom
Clarence Darrow
University of Chicago Press, 2012
A famous defender of the underdog, the oppressed, and the powerless, Clarence Darrow (1857–1938) is one of the true legends of the American legal system. His cases were many and various, but all were marked by his unequivocal sense of justice, as well as his penchant for representing infamous and unpopular clients, such as the Chicago thrill killers Leopold and Loeb; Ossian Sweet, the African American doctor charged with murder after fighting off a violent, white mob in Detroit; and John T. Scopes, the teacher on trial in the famous Scopes Monkey Trial.
Published for the first time in 1957, Attorney for the Damned collects Darrow’s most influential summations and supplements them with scene-setting explanations and comprehensive notes by Arthur Weinberg. Darrow confronts issues that remain relevant over half a century after his death: First Amendment rights, capital punishment, and the separation of church and state. With an insightful forward by Justice William O. Douglas, this volume serves as a powerful reminder of Darrow’s relevance today.

[more]
Sexy Dressing Etc.
Duncan Kennedy
Harvard University Press, 1993

Restoring Justice
The Speeches of Attorney General Edward H. Levi
Edward H. Levi
University of Chicago Press, 2013
In the wake of Watergate, Gerald Ford appointed eminent lawyer and scholar Edward H. Levi to the post of attorney general—and thus gave him the onerous task of restoring legitimacy to a discredited Department of Justice. Levi was famously fair-minded and free of political baggage, and his inspired addresses during this tumultuous time were critical to rebuilding national trust. They reassured a tense and troubled nation that the Department of Justice would act in accordance with the principles underlying its name, operating as a nonpartisan organization under the strict rule of law.

For Restoring Justice, Jack Fuller has carefully chosen from among Levi’s speeches a selection that sets out the attorney general’s view of the considerable challenges he faced: restoring public confidence through discussion and acts of justice, combating the corrosive skepticism of the time, and ensuring that the executive branch would behave judicially. Also included are addresses and Congressional testimonies that speak to issues that were hotly debated at the time, including electronic surveillance, executive privilege, separation of powers, antitrust enforcement, and the guidelines governing the FBI—many of which remain relevant today.         
          
Serving at an almost unprecedentedly difficult time, Levi was among the most admired attorney generals of the modern era. Published here for the first time, the speeches in Restoring Justice offer a superb sense of the man and his work.

[more]
Courting Justice
Ten New Jersey Cases That Shook the Nation
Tractenberg, Paul L
Rutgers University Press, 2013
Since 1947 a modernized New Jersey Supreme Court has played an important and controversial role in the state, nation, and world.  Its decisions in cutting-edge cases have confronted society’s toughest issues, reflecting changing social attitudes, modern life’s complexities, and new technologies.

Paul Tractenberg has selected ten of the court’s landmark decisions between 1960 and 2011 to illustrate its extensive involvement in major public issues, and to assess its impact. Each case chapter is authored by a distinguished academic or professional expert, several of whom were deeply involved in the cases’ litigation, enabling them to provide special insights. An overview chapter provides context for the court’s distinctive activity.

Many of the cases are so widely known that they have become part of the national conversation about law and policy. In the Karen Ann Quinlan decision, the court determined the right of privacy extends to refusing life-sustaining treatment. The Baby M case reined in surrogate parenting and focused on the child’s best interests. In the Mount Laurel decision, the court sought to increase affordable housing for low- and moderate-income residents throughout the state. The Megan’s Law case upheld legal regulation of sex offender community notification. A series of decisions known as Abbott/Robinson required the state to fund poor urban school districts at least on par with suburban districts.

Other less well known cases still have great public importance. Henningsen v. Bloomfield Motors reshaped product liability and tort law to protect consumers injured by defective cars; State v. Hunt shielded privacy rights from unwarranted searches beyond federal standards; Lehmann v. Toys ‘R’ Us protected employees from sexual harassment and a hostile work environment; Right to Choose v. Byrne expanded state constitutional abortion rights beyond the federal constitution; and Marini v. Ireland protected low-income tenants against removal from their homes.   

For some observers, the New Jersey Supreme Court represents the worst of judicial activism; others laud it for being, in its words, “the designated last-resort guarantor of the Constitution's command.” For Tractenberg, the court’s activism means it tends to find for the less powerful over the more powerful and for the public good against private interests, an approach he applauds.
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The Trial in American Life
Robert A. Ferguson
University of Chicago Press, 2006
In a bravura performance that ranges from Aaron Burr to O. J. Simpson, Robert A. Ferguson traces the legal meaning and cultural implications of prominent American trials across the history of the nation. His interdisciplinary investigation carries him from courtroom transcripts to newspaper accounts, and on to the work of such imaginative writers as Emerson, Thoreau, William Dean Howells, and E. L. Doctorow. Ferguson shows how courtrooms are forced to cope with unresolved communal anxieties and how they sometimes make legal decisions that change the way Americans think about themselves. Burning questions control the narrative. How do such trials mushroom into major public dramas with fundamental ideas at stake? Why did outcomes that we now see as unjust enjoy such strong communal support at the time? At what point does overexposure undermine a trial’s role as a legal proceeding?
           
Ultimately, such questions lead Ferguson to the issue of modern press coverage of courtrooms. While acknowledging that media accounts can skew perceptions, Ferguson argues forcefully in favor of full television coverage of them—and he takes the Supreme Court to task for its failure to grasp the importance of this issue. Trials must be seen to be understood, but Ferguson reminds us that we have a duty, currently ignored, to ensure that cameras serve the court rather than the media.
           
The Trial in American Life weaves Ferguson’s deep knowledge of American history, law, and culture into a fascinating book of tremendous contemporary relevance.
            
 “A distinguished law professor, accomplished historian, and fine writer, Robert Ferguson is uniquely qualified to narrate and analyze high-profile trials in American history. This is a superb book and a tremendous achievement. The chapter on John Brown alone is worth the price of admission.”—Judge Richard Posner
 
“A noted scholar of law and literature, [Ferguson] offers a work that is broad in scope yet focuses our attention on certain themes, notably the possibility of injustice, as illustrated by the Haymarket and Rosenberg prosecutions; the media’s obsession with pandering to baser instincts; and the future of televised trials. . . . One of the best books written on this subject in quite some time.”—Library Journal, starred review
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Popular Trials
Rhetoric, Mass Media, and the Law
Robert Hariman
University of Alabama Press, 1993

Contemporary scholarship illustrates the law’s increasingly powerful role in American life; legal education, in turn, has focused on the problems and techniques of communication. This book addresses these interests through critical study of eight popular trials: the 17th-century trial of Dr. Henry Sacheverell, and the 20th-century trials of Scopes, the Rosenbergs, the Chicago Seven, the Catonsville Nine, John Hinckley, Claus von Bulow, and San Diego Mayor Larry Hedgecock. Such trials spark major public debates, become symbols of public life, and legitimize particular beliefs and institutions. Despite high visibility and drama, however, the popular trial has not received sufficient study as persuasive event. Lying at the intersection of the institutional practices of law and the mass media, the popular trial has confounded study according to the conventional assumptions of scholarship in both law and communication studies.

            This volume defines popular trials as a genre of public communication, a genre that includes trials unusually prominent within public discourse. Further, popular trials are often characterize by special media presentations through televised coverage of the trial itself and news analysis, intense audience identification with the principal actors, and political and social consequences independent of the legal action. The essays in this volume stress the rhetorical functions of popular trials. Contributors in addition to the editor include Lawrance M. Bernabo, Barry Brummett, Celeste Michelle Condit, Juliet Dee, Susan J. Drucker, J. Justin Gustainis, Janice Platt Hunold, William Lewis, John Louis Lucaites, and Larry A. Williamson.
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Communication and Litigation
Case Studies of Famous Trials
Janice Schuetz
Southern Illinois University Press, 1988

Examination of seven famous trials, each concluding with an evaluation of the trial by a lawyer, judge, law professor, or communication scholar.

The Washington Post coverage of the John Hinckley case preceding the trial demonstrates the effects media may have on a trial. The Haymarket riot trial serves as an example of opening statements in a storytelling form.

By analyzing the trial of Bruno Richard Hauptmann, Schuetz and Snedaker explain direct examination according to its purpose, legal rules, ordering of witnesses, verbal and nonverbal techniques of interrogation, and tactics for introducing evidence.

The cross-examination in the Sacco-Vanzetti case shows how advocates enhance or decrease their persuasiveness by adopting communication maneuvers. Closing arguments in the Rosenberg trial took the form of a refutative story with a dual persuasive and instructional content.

The Supreme Court appeal in the Sam Sheppard case demonstrates the procedures, form, content, and style of arguments of appellate briefs. The Chicago Eight trial is an example of trial as theatre.

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The Logic of Women on Trial
Case Studies of Popular American Trials
Janice Schuetz
Southern Illinois University Press, 1994

Janice Schuetz investigates the felony trials of nine American women from colonial Salem to the present: Rebecca Nurse, tried for witchcraft in 1692; Mary E. Surratt, tried in 1865 for assisting John Wilkes Booth in the assassination of Abraham Lincoln; Lizzie Andrew Borden, tried in 1892 for the ax murder of her father and stepmother; Margaret Sanger, tried in 1915, 1917, and 1929 for her actions in support of birth control; Ethel Rosenberg, tried in 1951 for aiding the disclosure of secrets of the atom bomb to the Soviets; Yvonne Wanrow, tried in 1974 for killing a man who molested her neighbor’s daughter; Patricia Campbell Hearst, tried in 1975 for bank robbery as a member of the Symbionese Liberation Army; Jean Harris, tried in 1982 for killing Herman Tarnower, the Diet Doctor; and Darci Kayleen Pierce, tried in 1988 for kidnapping and brutally murdering a pregnant woman, then removing the baby from the woman’s womb.

In her analysis, Schuetz is careful to define these trials as popular trials. Characteristically, popular trials involve persons, issues, or crimes of social interest that attract extensive public interest and involvement. Such trials make a contribution to the ongoing historical dialogue about the meaning of justice and the legal system, while reflecting the values of the time and place in which they occur.

Schuetz examines the kinds of communication that transpired and the importance of gender in the trials by applying a different current rhetorical theory to each trial text. In every chapter, she explains her chosen interpretive theory, compares that framework with the discourse of the trial, and makes judgments about the meaning of the trial texts based on the interpretive theory.

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Wrongly Convicted
Perspectives on Failed Justice
Westervelt, Saundra D
Rutgers University Press, 2001

The American criminal justice system contains numerous safeguards to prevent the conviction of innocent persons. The Bill of Rights provides nineteen separate rights for the alleged criminal offender, including the right to effective legal representation and the right to be judged without regard to race or creed. Despite these safeguards, wrongful convictions persist, and the issue has reverberated in the national debate over capital punishment.

The essays in this volume are written from a cross-disciplinary perspective by some of the most eminent lawyers, criminologists, and social scientists in the field today. The articles are divided into four sections: the causes of wrongful convictions, the social characteristics of the wrongly convicted, case studies and personal histories, and suggestions for changes in the criminal justice system to prevent wrongful convictions. Contributors examine a broad range of issues, including the fallibility of eyewitness testimony, particularly in cross-racial identifications; the disadvantages faced by racial and ethnic minorities in the criminal justice system; and the impact of new technologies, especially DNA evidence, in freeing the innocent and bringing the guilty to justice. The book also asks such questions as: What legal characteristics do wrongful convictions share? What are the mechanisms that defendants and their attorneys use to overturn wrongful convictions? The book also provides case studies that offer specific examples of what can and does go wrong in the criminal justice system.

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The Fear Within
Spies, Commies, and American Democracy on Trial
Martelle, Scott
Rutgers University Press, 2011

Sixty years ago political divisions in the United States ran even deeper than today's name-calling showdowns between the left and right. Back then, to call someone a communist was to threaten that person's career, family, freedom, and, sometimes, life itself. Hysteria about the "red menace" mushroomed as the Soviet Union tightened its grip on Eastern Europe, Mao Zedong rose to power in China, and the atomic arms race accelerated. Spy scandals fanned the flames, and headlines warned of sleeper cells in the nation's midst--just as it does today with the "War on Terror."

In his new book, The Fear Within, Scott Martelle takes dramatic aim at one pivotal moment of that era. On the afternoon of July 20, 1948, FBI agents began rounding up twelve men in New York City, Chicago, and Detroit whom the U.S. government believed posed a grave threat to the nation--the leadership of the Communist Party-USA. After a series of delays, eleven of the twelve "top Reds" went on trial in Manhattan's Foley Square in January 1949.

The proceedings captivated the nation, but the trial quickly dissolved into farce. The eleven defendants were charged under the 1940 Smith Act with conspiring to teach the necessity of overthrowing the U.S. government based on their roles as party leaders and their distribution of books and pamphlets. In essence, they were on trial for their libraries and political beliefs, not for overt acts threatening national security. Despite the clear conflict with the First Amendment, the men were convicted and their appeals denied by the U.S. Supreme Court in a decision that gave the green light to federal persecution of Communist Party leaders--a decision the court effectively reversed six years later. But by then, the damage was done. So rancorous was the trial the presiding judge sentenced the defense attorneys to prison terms, too, chilling future defendants' access to qualified counsel.

Martelle's story is a compelling look at how American society, both general and political, reacts to stress and, incongruously, clamps down in times of crisis on the very beliefs it holds dear: the freedoms of speech and political belief. At different points in our history, the executive branch, Congress, and the courts have subtly or more drastically eroded a pillar of American society for the politics of the moment. It is not surprising, then, that The Fear Within takes on added resonance in today's environment of suspicion and the decline of civil rights under the U.S. Patriot Act.

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Errors, Lies, and Libel
Peter E. Kane. Foreword by Elmer Gertz
Southern Illinois University Press, 1991

Peter E. Kane takes a critical look at the development of the present law through a discussion of seventeen landmark libel cases.

One of the many points Kane clarifies is the important distinction between an error and a lie when judging whether someone is guilty of libel. For example, in the series of events that led to Goldwater vs. Ginzburg, Ralph Ginzburg, publisher of fact magazine, compiled and printed in fact a montage of quotes he had collected from psychiatrists about Barry Goldwater. It took five years of legal sparring for the courts to conclude that Ginzburg had deliberately published a malicious and irresponsible document and to rule in favor of Goldwater. Kane closes with a discussion of current thinking on possible libel reform.

[more]
Racial Reckoning
Renee C. Romano
Harvard University Press, 2014
Few whites who violently resisted the civil rights struggle were charged with crimes in the 1950s and 1960s. But the tide of changed in 1994, and more than one hundred murder cases have been reopened, resulting in over a dozen trials. Yet, as Renee C. Romano shows, addressing the nation’s troubled racial past will require more than legal justice.
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FUGITIVE JUSTICE
Runaways, Rescuers, and Slavery on Trial
Steven Lubet
Harvard University Press, 2010
In this book, Steven Lubet examines, in detail, three trials on the great issue of fugitive slaves in the 1850’s, the fugitive slave statutes, and how the legal system coped or failed to cope with the apparent inconsistencies between the Constitution supporting slavery and its purpose of guaranteeing certain rights to every man. The first case occurred in 1851 when a white Pennsylvania miller named Caster Hanway faced treason charges based on his participation in the Christiana slave riot. The second trial was of Anthony Burns in Boston, and the third case arose out of the 1858 capture of John Price by Kentucky slavehunters in the abolitionist stronghold of Oberlin, Ohio. The fugitive slave trials also provide modern readers with uncomfortable insights into the nature of slavery itself. With sincere conviction, many northern judges – including some who claimed to oppose slavery – calmly considered the quantum of evidence necessary to turn a human being into property. This book powerfully illuminates the tremendous bravery of the fugitives, the moral courage of their rescuers and lawyers, and, alas, the failure of American legal and political institutions to come to grips with slavery short of civil war.
[more]
Divided Loyalties
Young Somali Americans and the Lure of Extremism
Joseph Weber
Michigan State University Press, 2020
Why do people join violent extremist movements? What attracts so many to fight for terrorist groups like al-Shabab, al-Qaida, and the Islamic State? Journalism professor Joseph Weber answers these questions by examining the case of the more than fifty Somali Americans, mostly young men from Minnesota, who made their way to Somalia or Syria, attempted to get to those countries, aided people who did, or financially backed terrorist groups there. Often defying parents who had fled to the United States seeking safety and prosperity for their children, many of these youths ended up dead, missing, or imprisoned. But for every person who went on or attempted this journey believing they were rising to the defense of Islam, more rejected the temptations of terrorism. What made the difference? The book takes a close look at one man from Minneapolis, the American-born son of a couple who had fled Somalia, who came dangerously close to answering the ISIS call. Abdirahman Abdirashid Bashir’s cousins and friends had taken up arms for the group and reached out to him to join them. From 2014 to 2016 he and a dozen friends—some still in their teens—schemed to find ways to get to Syria. Some succeeded. In the end, Bashir made a different choice. Not only did he reject ISIS’s call, he decided to work with the FBI to spy on his friends and ultimately to testify against them in court. Drawing on extensive interviews, Weber explains why.
[more]
JOHN BROWN'S TRIAL
Brian McGinty
Harvard University Press, 2009
Mixing idealism with violence, abolitionist John Brown cut a wide swath across the United States before winding up in Virginia, where he led an attack on the U.S. armory and arsenal at Harpers Ferry. Supported by a "provisional army" of 21 men, Brown hoped to rouse the slaves in Virginia to rebellion. But he was quickly captured and, after a short but stormy trial, hanged on December 2, 1859. Brian McGinty provides the first comprehensive account of the trial, which raised important questions about jurisdiction, judicial fairness, and the nature of treason under the American constitutional system.
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The Industrialist and the Mountaineer
The Eastham-Thompson Feud and the Struggle for West Virginia's Timber Frontier
RONALD L. LEWIS
West Virginia University Press, 2017
In 1897 a small landholder named Robert Eastham shot and killed timber magnate Frank Thompson in Tucker County, West Virginia, leading to a sensational trial that highlighted a clash between local traditions and modernizing forces. Ronald L. Lewis’s book uses this largely forgotten episode as a window into contests over political, environmental, and legal change in turn-of-the-century Appalachia.
 
The Eastham-Thompson feud pitted a former Confederate against a member of the new business elite who was, as a northern Republican, his cultural and political opposite. For Lewis, their clash was one flashpoint in a larger phenomenon central to US history in the second half of the nineteenth century: the often violent imposition of new commercial and legal regimes over holdout areas stretching from Appalachia to the trans-Missouri West. Taking a ground-level view of these so-called “wars of incorporation,” Lewis’s powerful microhistory shows just how strongly local communities guarded traditional relationships to natural resources. Modernizers sought to convict Eastham of murder, but juries drawn from the traditionalist population refused to comply. Although the resisters won the courtroom battle, the modernizers eventually won the war for control of the state’s timber frontier.
 
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The Lost Cause
The Trials of Frank and Jesse James
James P. Muehlberger
Westholme Publishing, 2013
The True Story Behind the Legendary Outlaw Gang, a Civil War Vendetta, and the Forgotten Court Documents That Helped Seal Their Fate
 On a dreary December 7, 1869, two strangers entered the Daviess County Savings and Loan in Gallatin, Missouri. One of the men asked the cashier for change and then unexpectedly raised a revolver and shot him at point-blank range. Until now, this crime has been considered the first of a string of bank and train robberies committed by Jesse James, his brother Frank, and other gang members. But a story has circulated for more than a century that the case was actually brought to trial by a young Missouri lawyer—and it was through this case that twenty-two-year-old Jesse was first identified as a criminal to the country. But until recently no evidence for such an action could be found. After years of painstaking searches through dusty court archives across Missouri, defense attorney James P. Muehlberger finally discovered the historic documents in 2007. These fascinating and important records reveal that the gunmen were forced to leave behind a magnificent thoroughbred that linked James to the murder and, more intriguing, that the attack was not a bank robbery at all, but a calculated assassination in retribution for a Civil War killing.
The Lost Cause: The Trials of Frank and Jesse James is a thoroughly researched, thrilling account of the rise, pursuit, and prosecution of the legendary outlaw gang. Beginning with the newfound evidence of the Gallatin bank teller murder, the author explains how Jesse James attempted to avenge the death of his Confederate partisan leader, “Bloody Bill” Anderson, but shot the wrong man. Having lost his thoroughbred, Jesse stole another horse. Newly minted lawyer Henry McDougal brashly sued Jesse and Frank James for the loss of property, which would hang the murder on their heads. While Jesse professed his innocence and remained at large, his case was taken up by John Newman Edwards, editor of the Kansas City Times. Through Edwards’s pen, the James brothers were transformed from petty criminals to noble outlaws still fighting for Southern honor—the “Lost Cause.” Not fooled by Edwards’s rhetoric and populist appeal, McDougal and others, including Pinkerton detectives and the governor of Missouri, led a behind-the-scenes fight to bring down the gang. As the author explains, they first prosecuted lesser gang members, and by infiltrating the group, the authorities slowly unraveled the gang, with Jesse being shot by a paid informant in 1882. Frank James gave himself up, and in what was called the “trial of the century,” he was exonerated on all charges and retired to become a notable horse racing official until his death in 1915. Combining true crime, western adventure, and the transformation of America into a modern nation, The Lost Cause is engaging, entertaining history.
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