Legal History

The Memorable Thoughts of Socrates Kaplan Classics of Law

Xenophon is said to have been, when young, a pupil of Socrates. Two authorities have recorded that in the flight from the battle of Delium in the year B.C. 424, when Xenophon fell from his horse, Socrates picked him up and carried him on his back for a considerable distance. The time of Xenophon's death is not known, but he was alive sixty-seven years after the battle of Delium.
Price: $2.64

The Buffalo Creek Disaster How the survivors of one of the ...

One Saturday morning in February 1972, an impoundment dam owned by the Pittston Coal Company burst, sending a 130 million gallon, 25 foot tidal wave of water, sludge, and debris crashing into southern West Virginia's Buffalo Creek hollow. It was one of the deadliest floods in U.S. history. 125 people were killed instantly, more than 1,000 were injured, and over 4,000 were suddenly homeless. Instead of accepting the small settlements offered by the coal company's insurance offices, a few hundred of the survivors banded together to sue. This is the story of their triumph over incredible odds and corporate irresponsibility, as told by Gerald M. Stern, who as a young lawyer and took on the case and won.
Price: $5.00

Law in America A Short History Modern Library Chronicles

Throughout America’s history, our laws have been a reflection of who we are, of what we value, of who has control. They embody our society’s genetic code. In the masterful hands of the subject’s greatest living historian, the story of the evolution of our laws serves to lay bare the deciding struggles over power and justice that have shaped this country from its birth pangs to the present. Law in America is a supreme example of the historian’s art, its brevity a testament to the great elegance and wit of its composition.
Price: $4.31

The Devil's Advocates Greatest Closing Arguments in ...

The Final Volume in a Must-Have Trilogy of the Best Closing Arguments in American Legal History

In The Devil's Advocates, Michael S. Lief and H. Mitchell Caldwell turn to the dramatic crimes and trials of criminal law. The eight famous cases in this riveting collection have set historical precedents and illuminated fundamentals of the American criminal justice system. Future president John Adams illustrates the principle that even the most despised and vilified criminal is entitled to a legal defense in the argument he delivers on behalf of the British soldiers who shot and killed five Americans during the Boston Massacre. Clarence Darrow provides a ringing defense of a black family charged with using deadly force after defending themselves from a violent mob - an argument that refines the concept of self-defense. And perhaps the best-known case is that of Ernesto Miranda, the accused rapist whose trial led to the critically important Miranda decision, which underpins procedure at every criminal arrest.

Each case presented is given legal and cultural context, including a brief historical introduction, biographical sketches of the attorneys involved, highlights of trial testimony, analysis of the closing arguments and a summary of the trial's impact on its participants and our country. In clear, jargon-free prose, the authors make these pivotal cases come to vibrant life for every reader.

Price: $18.86

Domesday Book A Complete Translation Alecto Historical ...

Domesday Book, compiled in 1086 at the behest of William the Conqueror, has been described as "the most valuable piece of antiquity possessed by any nation" (David Hume) and viewed by historians as the final act of the Norman conquest. Produced under the supervision of the most renowned Domesday scholars, this authoritative translation of the complete Domesday offers a remarkable portrait of England in the late eleventh century.
Price: $23.11

Three Generations No Imbeciles Eugenics the Supreme Court ...

"Three generations of imbeciles are enough." Few lines from Supreme Court opinions are as memorable as this declaration by Justice Oliver Wendell Holmes Jr. in the landmark 1927 case Buck v. Bell. The ruling allowed states to forcibly sterilize residents in order to prevent "feebleminded and socially inadequate" people from having children. It is the only time the Supreme Court endorsed surgery as a tool of government policy. Paul Lombardo’s startling narrative exposes the Buck case’s fraudulent roots.

In 1924 Carrie Buck—involuntarily institutionalized by the State of Virginia after she was raped and impregnated—challenged the state’s plan to sterilize her. Having already judged her mother and daughter mentally deficient, Virginia wanted to make Buck the first person sterilized under a new law designed to prevent hereditarily "defective" people from reproducing. Lombardo’s more than twenty-five years of research and his own interview with Buck before she died demonstrate conclusively that she was destined to lose the case before it had even begun. Neither Carrie Buck nor her mother and daughter were the "imbeciles" condemned in the Holmes opinion. Her lawyer—a founder of the institution where she was held—never challenged Virginia’s arguments and called no witnesses on Buck’s behalf. And judges who heard her case, from state courts up to the U.S. Supreme Court, sympathized with the eugenics movement. Virginia had Carrie Buck sterilized shortly after the 1927 decision.

Though Buck set the stage for more than sixty thousand involuntary sterilizations in the United States and was cited at the Nuremberg trials in defense of Nazi sterilization experiments, it has never been overturned. Three Generations, No Imbeciles tracks the notorious case through its history, revealing that it remains a potent symbol of government control of reproduction and a troubling precedent for the human genome era.

Price: $15.00

Railroads and American Law

No enterprise is so seductive as a railroad for the influence it exerts, the power it gives, and the hope of gain it offers.--Poor's Manual of Railroads (1900)

At its peak, the railroad was the Internet of its day in its transformative impact on American life and law. A harbinger and promoter of economic empire, it was also the icon of a technological revolution that accelerated national expansion and in the process transformed our legal system. James W. Ely Jr., in the first comprehensive legal history of the rail industry, shows that the two institutions--the railroad and American law--had a profound influence on each other.

Ely chronicles how "America's first big business" impelled the creation of a vast array of new laws in a country where long-distance internal transport had previously been limited to canals and turnpikes. Railroads, the first major industry to experience extensive regulation, brought about significant legal innovations governing interstate commerce, eminent domain, private property, labor relations, and much more. Much of this development was originally designed to serve the interests of the railroads themselves but gradually came to contest and control the industry's power and exploitative tendencies.

As Ely reveals, despite its great promise and potential as an engine of prosperity and uniter of far-flung regions, the railroad was not universally admired. Railroads uprooted people, threatened local autonomy, and posed dangers to employees and the public alike--situations with unprecedented legal ramifications. Ely explores the complex and sometimes contradictory ways in which those ramifications played out, as railroads crossed state lines and knitted together a diverse nation with thousands of miles of iron rail.

Epic in its scope, Railroads and American Law makes a complex subject accessible to a wide range of readers, from legal historians to railroad buffs, and shows the many ways in which a powerful industry brought change and innovation to America.

Price: $32.54

The Trial A History from Socrates to O. J. Simpson

For as long as accuser and accused have faced each other in public, criminal trials have been establishing far more than who did what to whom–and in this fascinating book, Sadakat Kadri surveys four thousand years of courtroom drama.

A brilliantly engaging writer, Kadri journeys from the silence of ancient Egypt’s Hall of the Dead to the clamor of twenty-first-century Hollywood to show how emotion and fear have inspired Western notions of justice–and the extent to which they still riddle its trials today. He explains, for example, how the jury emerged in medieval England from trials by fire and water, in which validations of vengeance were presumed to be divinely supervised, and how delusions identical to those that once sent witches to the stake were revived as accusations of Satanic child abuse during the 1980s.

Lifting the lid on a particularly bizarre niche of legal history, Kadri tells how European lawyers once prosecuted animals, objects, and corpses–and argues that the same instinctive urge to punish is still apparent when a child or mentally ill defendant is accused of sufficiently heinous crimes.

But Kadri’s history is about aspiration as well as ignorance. He shows how principles such as the right to silence and the right to confront witnesses, hallmarks of due process guaranteed by the U.S. Constitution, were derived from the Bible by twelfth-century monks. He tells of show trials from Tudor England to Stalin’s Soviet Union, but contends that “no-trials,” in Guantánamo Bay and elsewhere, are just as repugnant to Western traditions of justice and fairness. With governments everywhere eroding legal protections in the name of an indefinite war on terror, Kadri’s analysis could hardly be timelier.

At once encyclopedic and entertaining, comprehensive and colorful, The Trial rewards curiosity and an appreciation of the absurd but tackles as well questions that are profound. Who has the right to judge, and why? What did past civilizations hope to achieve through scapegoats and sacrifices–and to what extent are defendants still made to bear the sins of society at large? Kadri addresses such themes through scores of meticulously researched stories, all told with the verve and wit that won him one of Britain’s most prestigious travel-writing awards–and in doing so, he has created a masterpiece of popular history.
Price: $1,213.50

The Case of Abraham Lincoln A Story of Adultery Murder ...

In 1856, Abraham Lincoln was at a personal crossroads. Often despondent, he had grown bored with his work as a lawyer. He was beginning to see himself as just a former Congressman, without much of a future in politics. Later that year,  the gruesome murder of a Springfield blacksmith provided the case that defined Lincoln's legal career. The string of lurid revelations that followed the crime became front page news across the country, putting Lincoln back in the national spotlight. The Anderson case reflected the spirit of the times: an inescapable, dark world, hidden within the optimism and innocence of the young city of Springfield. With the Anderson murder, Lincoln's legal skills as a defender were challenged as never before and he was finally able to prove himself as a man with a great destiny.
Price: $5.66

Equal Women Reshape American Law

The dramatic, untold story of how women battled blatant inequities in America's legal system.

As late as 1967, men outnumbered women twenty to one in American law schools. With the loss of deferments from Vietnam, law schools admitted women to avoid plummeting enrollments. As women entered, the law resisted. Judges would not hire women. Law firms asserted a right to discriminate against women. Judges permitted discrimination against pregnant women. Courts viewed sexual harassment as, one judge said, "a game played by the male superiors." Against the odds, women fought to reshape the law. Fred Strebeigh has interviewed litigators, plaintiffs, and judges, including Ruth Bader Ginsburg and Catharine MacKinnon, and has done research in their private archives as well as those of other attorneys who took cases to the Supreme Court to make the law equal and just for all.
Price: $3.98