Books like The Southern Judicial Tradition — picked by fans

This book is essential reading for anyone who wants to fully understand the century-long struggle after the Civil War to end legally-sanctioned discrimination against Black Americans. Prof. Klarman provides a richly detailed account of that century-long struggle, an account that describes the legal battles that took place in individual states and puts them in the context of the larger national debate. The book requires some effort on the reader's part, but the story that Klarman tells of the U.S. Supreme Court's gradual turn against segregation and its clashes with Southern state lawmakers and courts is ultimately a deeply moving one. 

In 1882, only a few years after it enacted a series of landmark civil rights laws, Congress passed an Exclusion Act slamming the door on Chinese immigration. Why the dramatic turnaround? A powerful anti-Chinese movement, driven by racism and fear of economic competition, had taken hold among whites in the West and had produced a wave of anti-Asian state laws. Americans east of the Rockies didn't share Western sentiments, but eventually Eastern politicians yielded in order to attract Western votes. Gyory gives us an absorbing picture of the exclusion movement, of Western anti-Chinese leaders, and of the Easterners who went along with them. His book is a stark reminder that good people's indifference can contribute to the triumph of evil.

Although he is virtually unknown today, New York chancellor James Kent ranks as one of America's greatest state judges. Kent was an old-time Federalist, a believer in government by gentlemen. During his lifetime his views steadily lost ground to Jeffersonian and Jacksonian democracy, but he made a permanent imprint on American law. Among other things, he authored the first general treatise on American law and arranged for national circulation of New York judicial decisions, thus giving his state an outsize role in shaping American law, and he helped preserve the central place of federal authority and protection of private property in the law. Kent deserves a modern biography, but until one is written, readers interested in New York history and legal history will find John Horton's older 1939 biography a lively and easy-to-read book, well worth their time.

Jefferson's Louisiana is an absorbing study of a clash of cultures that helped to shape America's legal empire as it moved westward. Louisiana, governed by Spain and France under civil law codes for nearly a century before it became part of the United States, was a crossroads at which English law (dominant elsewhere in the new nation) and European law collided. Prof. Dargo first describes the uneasy cultural accommodation that French and Spanish settlers made with American immigrants at the turn of the nineteenth century, an accommodation made more challenging by Aaron Burr's simultaneous efforts to foment revolution in the trans-Appalachian West. Dargo then tells the story of how American and old-settler jurists collaborated to shape a new Louisiana code amalgamating common and civil law. 

In 1931, Thalia Massie, the bored wife of a naval officer stationed in Honolulu, accused six nonwhite islanders of gang rape.

The trial loosed a storm of racist hatred and sexual hysteria nationwide (Hearst papers, I’m looking at you). But the evidence was scant – for one thing, she almost certainly had not been raped – and the trial ended in a hung jury.

Outraged that she hadn’t been believed, Thalia’s husband, mother, and friends then kidnapped and murdered one of the Native Hawaiian defendants as an “honor killing.” Caught in the act, the Massies got Clarence Darrow to defend them. 

He lost at trial but, scandalously, the all-white killers were released within hours. During the two years these events played out, racial divisions in Hawaiʻi became re-aligned – the concept of “locals” was born, embracing all nonwhite ethnic groups for the first time, and all in opposition to haoles… show more.

Preet was my boss at the U.S. Attorney’s Office, and is now a close friend.

He’s a gifted storyteller – you’ll hear about prosecutions of everybody from Wall Street titans to a cannibal cop – and he offers a fascinating and intellectually accessible examination of the vital and unique role played by the prosecutor in our democracy.

Taken in tandem with Lawyers as Peacemakers, Wright’s books chart a much-needed approach to legal’s involvement in contracting. She advocates for Integrative Law, which puts lawyers at the table with the other negotiators as a contract is developed. This is important because often lawyers come late to the party or with contractual guardrails and Ts and Cs that should have been addressed at the start of (and during) the negotiation. When lawyers are not integrated as changemakers to support the business, you will likely find yourself in a series of back and forth red-line hell that causes frustration and deteriorates trust with your business partner. I challenge you to take Wright’s sage advice to rethink how lawyers can be changemakers. 

If you were an adult in August 1997 you will almost certainly remember exactly what you were doing when you first heard the news about the death of Princess Diana. I was in bed. My husband arrived home from his night shift at about 6 a.m., and climbing into bed he said “There’s been a terrible accident. Princess Diana is dead.” “Oh don’t be ridiculous.” I said, “She can’t be.” He switched on the television and we saw the first floral tribute being laid at the gates of Kensington Palace. It was true; the People’s Princess had been killed in a road accident in Paris by a drunk driver while being chased by the paparazzi. “Not so,” says the author. “She was murdered by the State.” Chilling!

This book offers a blueprint for how to resist the intrusions of modern marketing. Cole, legal director of the ACLU and a former law professor, examines the successes of three modern movements for constitutional change. He adroitly traces the strategic choices made on the road to marriage equality, human rights in the war on terror, and a more capacious vision of the right to bear arms. Though dissimilar in their particular goals, these three social movements succeeded in producing sweeping changes in the law. Cole’s careful account is not only fascinating in its own right, but offers lessons for those who want to push back against the current landscape of ubiquitous advertising and commercial surveillance. 

This creative book showcases Ruth Bader Ginsburg and her frequent dissents from the Court's majority opinions. Beginning as a girl, Ruth often disagreed with other people's expectations. Using her strong-mindedness and intelligence and hard work, she excelled in college and law school, eventually overcoming prejudices against her as a woman and a Jew to become a law professor, a lawyer, and a judge. Author Debby Levy describes Ruth Bader Ginsburg's groundbreaking work as a lawyer seeking equality for men and women, including her numerous arguments before the U.S. Supreme Court. And in discussing Justice Ginsburg's own tenure on the Supreme Court, Levy highlights Ruth's friendship with her political opposite, Justice Antonin Scalia. This book offers readers a three-dimensional profile of an iconic Justice.