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In 1877, the American Humane Society was formed as the national organization for animal and child protection. Thirty years later, there were 354 anticruelty organizations chartered in the United States, nearly 200 of which were similarly invested in the welfare of both humans and animals. In The Rights of the Defenseless, Susan J. Pearson seeks to understand the institutional, cultural, legal, and political significance of the perceived bond between these two kinds of helpless creatures, and the attempts made to protect them.

Unlike many of today’s humane organizations, those Pearson follows were delegated police powers to make arrests and bring cases of cruelty to animals and children before local magistrates. Those whom they prosecuted were subject to fines, jail time, and the removal of either animal or child from their possession. Pearson explores the limits of and motivation behind this power and argues that while these reformers claimed nothing more than sympathy with the helpless and a desire to protect their rights, they turned “cruelty” into a social problem, stretched government resources, and expanded the state through private associations. The first book to explore these dual organizations and their storied history, The Rights of the Defenseless will appeal broadly to reform-minded historians and social theorists alike.

Exploring the constitution that transformed governance, citizenship, and political culture across the Hispanic Atlantic world.

In March 1812, while Napoleon’s brother Joseph sat on the throne of Spain and the armies of France occupied much of the country, legislators elected from Spain and its overseas territories met in the Andalusian city of Cádiz. There, as the cornerstone of a government in exile, they drafted and adopted the first liberal constitution in the Hispanic world, a document that became known as the Cádiz Constitution of 1812.

The 1812 Constitution was extremely influential in and beyond Europe, and this collection of essays explores how its enduring legacy not only shaped the history of state-building, elections, and municipal governance in Iberian America, but also affected national identities and citizenship as well as the development of race and gender in the region.

A bold blueprint for governing a global, heterogeneous monarchy, the Constitution represented a rupture with Spain’s Antiguo Régimen (Old Regime) in numerous ways—in the limits it placed on the previously autocratic Bourbon monarchs, in the admission to its governing bodies of deputies from Spain’s American viceroyalties as equals, and in its framers’ vociferous debate over the status of castas (those of mixed ancestry) and slaves. The Rise of Constitutional Government in the Iberian Atlantic World covers these issues and adopts a transatlantic perspective that recovers the voices of those who created a vibrant political culture accessible to commoners and elite alike.

The bicentenary of the Constitution of 1812 offered scholars an excellent moment to reexamine the form and role of constitutions across the Spanish-speaking world. Constitutionalism remains a topic of intense debate in Latin America, while contemporary Spain itself continues to seek ways to balance a strong central government with centripetal forces in its regions, notably the Basque and Catalan provinces. The multifaceted essays compiled here by Scott Eastman and Natalia Sobrevilla Perea both shed new light on the early, liberal Hispanic societies and show how the legacies of those societies shape modern Spain and Latin America.

A timely investigation of what is at stake when AI takes legal decision-making out of human hands.

Artificial intelligence is proliferating in many professions, and the legal field is no exception. In The Rule of Law After Artificial Intelligence, Katie Szilagyi investigates the philosophical and practical implications of using AI in legal spaces, beginning with several fundamental questions: What is the law supposed to do, and from where does it derive its authority? Would law still achieve these aims if automated? How might automation affect the rule of law’s integrity and democratic institutions’ operations?

Blending legal philosophy, applied case studies, and insights from both critical legal scholarship and science and technology studies, Szilagyi argues that law and storytelling are deeply connected. Through creating and contesting the law, we make sense of the information around us and generate narratives about our collective world. These narratives are not static: legal precedent evolves, and legal deliberation on hard cases can help to resolve unclear or unprecedented social issues.

Szilagyi demonstrates that technological innovations make the rule of law vulnerable because large language models and machine learning undermine the visioning function of legal narratives, collapsing exercises of legal interpretation into mere administration. Datafication of law—built on the biased data of our cultural past—threatens longstanding legal ideals, lessens the constraints against abuses of power by private actors, and hamstrings society’s ability to reach a more egalitarian future. Szilagyi argues instead for centering narratives within the law and, in turn, rediscovering the tales the law tells us about who we are.

On the final day of its 2008 term, a sharply divided U.S. Supreme Court issued a 5-to-4 decision striking down the District of Columbia's stringent gun control laws as a violation of the Second Amendment. Reversing almost seventy years of settled precedent, the high court reinterpreted the meaning of the “right of the people to keep and bear arms” to affirm an individual right to own a gun in the home for purposes of self-defense. The landmark ruling not only opened a new chapter in the contentious history of gun rights and gun control but also revealed both the strengths and problems of originalist constitutional theory and jurisprudence.

This volume brings together some of the best scholarship on the Heller case, with essays by legal scholars and historians representing a range of ideological viewpoints and applying different interpretive frameworks. Following the editors' introduction, which describes the issues involved and the arguments on each side, the essays are organized into four sections. The first includes two of the most important historical briefs filed in the case, while the second offers different views of the role of originalist theory. Section three presents opposing interpretations of the ruling and its relationship to modern constitutional doctrine. The final section explores historical research post-Heller, including new findings on patterns of gun ownership in colonial and Revolutionary America. 

In addition to the editors, contributors include Nelson Lund, Joyce Lee Malcolm, Jack Rakove, Reva B. Siegel, Cass R. Sunstein, Kevin M. Sweeney, and J. Harvie Wilkinson III.

Named by The New Yorker as one of the Best Books of 2025 and featured on the Armchair Expert podcast with Dax Shepherd.

A revelatory book that lifts the curtain on America’s most consequential public deception: how the rich get richer using tools the government gave them.

Amid conflicting narratives about the drivers of wealth and inequality in the United States, one constant hovers in the background: the US tax code. No political force has been more consequential—or more utterly opaque—than the 7,000-page document that details who pays what in American society and government. Most of us have a sense that it’s an unfair system. But does anyone know exactly how it’s unfair?

Legal scholar Ray D. Madoff knows. In The Second Estate, she offers an unprecedented look behind the scenes of America’s byzantine system of taxation, laying bare not only its capacity to consolidate wealth but also the mechanisms by which it has created two fundamentally separate American societies: the working Americans who pay and the ultra-rich who benefit.

This is not a story of offshore accounts or secret tax havens. In The Second Estate, Madoff shows that the US system itself has, over time, been stripped and reconstituted such that it now offers a series of secret paths, hidden in plain sight, for wealthy people in the know to avoid taxation altogether. Through the strategic avoidance of traditional income, leveraging of investments and debt, and exploitation of rules designed to promote charitable giving, America’s wealthy do more than just pay less than their share; they remove themselves from the tax system entirely. Wealth becomes its own sovereign state, and the living is surprisingly—and maddeningly—cheap.
 

Named by The New Yorker as one of the Best Books of 2025 and featured on the Armchair Expert podcast with Dax Shepherd.

A revelatory book that lifts the curtain on America’s most consequential public deception: how the rich get richer using tools the government gave them.

Amid conflicting narratives about the drivers of wealth and inequality in the United States, one constant hovers in the background: the US tax code. No political force has been more consequential—or more utterly opaque—than the 7,000-page document that details who pays what in American society and government. Most of us have a sense that it’s an unfair system. But does anyone know exactly how it’s unfair?

Legal scholar Ray D. Madoff knows. In The Second Estate, she offers an unprecedented look behind the scenes of America’s byzantine system of taxation, laying bare not only its capacity to consolidate wealth but also the mechanisms by which it has created two fundamentally separate American societies: the working Americans who pay and the ultra-rich who benefit.

This is not a story of offshore accounts or secret tax havens. In The Second Estate, Madoff shows that the US system itself has, over time, been stripped and reconstituted such that it now offers a series of secret paths, hidden in plain sight, for wealthy people in the know to avoid taxation altogether. Through the strategic avoidance of traditional income, leveraging of investments and debt, and exploitation of rules designed to promote charitable giving, America’s wealthy do more than just pay less than their share; they remove themselves from the tax system entirely. Wealth becomes its own sovereign state, and the living is surprisingly—and maddeningly—cheap.
 

The Spanish element in Texas water law is a matter of utmost importance to many landholders whose livelihood is dependent on securing water for irrigation and to many communities particularly concerned about water supply.

Titles to some 280,000 acres of Texas land originated in grants made by the Crown of Spain or by the Republic of Mexico. For these lands, the prevailing law, even today, is the Hispanic American civil law. Thus the question of determining just what water rights were granted by the Spanish Crown in disposing of lands in Texas is more than a matter of historical interest. It is a subject of great practical importance.

Spanish law enters directly into the question of these lands, but its influence is by no means confined to them. Texas water law in general traces its roots primarily to the Spanish law, not to the English common law doctrine of riparian rights or to the Western doctrine of prior appropriation (both of which were, however, eventually incorporated in Texas law). A clear understanding of this background might have saved the state much of the current confusion and chaos regarding its water law.

Dobkins’s book offers an intensive and unusually readable study of the subject. The author has traced water law from its origin in the ancient world to the mid-twentieth century, interpreting the effect of water on the counties concerned, setting forth in detail the development of water law in Spain, and explaining its subsequent adoption in Texas. Copious notes and a complete bibliography make the work especially valuable.

The idea for this book came in the midst of the great seven-year drought in Texas, from 1950 to 1957. The author gave two reasons for her study: “One was my belief that the water problems, crucial to all Texas, can be solved only when Texans become conscious of their imperative needs and only if they become informed and aroused enough to act.

“The second reason came from a realization that water—common, universal, and ordinary as it is—had been overlooked by the historian. It is high time that this oversight be corrected. In American history the significance of land, especially in terms of the frontier, has been spelled out in large letters. The importance of water has been recognized by few.”

Vodou has often served as a scapegoat for Haiti’s problems, from political upheavals to natural disasters. This tradition of scapegoating stretches back to the nation’s founding and forms part of a contest over the legitimacy of the religion, both beyond and within Haiti’s borders. The Spirits and the Law examines that vexed history, asking why, from 1835 to 1987, Haiti banned many popular ritual practices.

To find out, Kate Ramsey begins with the Haitian Revolution and its aftermath. Fearful of an independent black nation inspiring similar revolts, the United States, France, and the rest of Europe ostracized Haiti. Successive Haitian governments, seeking to counter the image of Haiti as primitive as well as contain popular organization and leadership, outlawed “spells” and, later, “superstitious practices.” While not often strictly enforced, these laws were at times the basis for attacks on Vodou by the Haitian state, the Catholic Church, and occupying U.S. forces. Beyond such offensives, Ramsey argues that in prohibiting practices considered essential for maintaining relations with the spirits, anti-Vodou laws reinforced the political marginalization, social stigmatization, and economic exploitation of the Haitian majority. At the same time, she examines the ways communities across Haiti evaded, subverted, redirected, and shaped enforcement of the laws. Analyzing the long genealogy of anti-Vodou rhetoric, Ramsey thoroughly dissects claims that the religion has impeded Haiti’s development.

The founding of the United States after the American Revolution was so deliberate, so inspired, and so monumental in scope that the key actors considered this new government to be a work of art framed from natural rights. Recognizing the artificial nature of the state, these early politicians believed the culture of a people should inform the development of their governing rules and bodies. Eric Slauter explores these central ideas in this extensive and novel account of the origins and meanings of the Constitution of the United States. Slauter uncovers the hidden cultural histories upon which the document rests, highlights the voices of ordinary people, and considers how the artifice of the state was challenged in its effort to sustain inalienable natural rights alongside slavery and to achieve political secularization at a moment of growing religious expression.

A complement to classic studies of the Constitution’s economic, ideological, and political origins, The State as a Work of Art sheds new light on the origins of the Constitution and on ongoing debates over its interpretation.