American Legal System

Dr. Michael Baden has been involved in some of the most high-profile civil rights and police brutality cases in United States history, from the government's 1976 re-investigation of the assassination of Martin Luther King, Jr., to the 2014 death of Michael Brown, whose case sparked the initial Ferguson protests that grew into the Black Lives Matter movement. The playbook hasn't changed since 1979, when Dr. Baden was demoted from his job as New York City's Chief Medical Examiner after ruling that the death of a Black man in police custody was a homicide.

Our trial courts conduct hardly any trials, our correctional systems do not correct, and the rise of mandated arbitration has ushered in a shadowy system of privatized "justice". Meanwhile, our legislators can't even follow their own rules for making rules while the rule of law mutates into a perpetual state of emergency. The legal system is becoming an incomprehensible farce. How did this happen? In The Nonsense Factory, Bruce Cannon Gibney shows that over the past 70 years, the legal system has dangerously confused quantity with quality and might with legitimacy.

A guide to the American legal system, told through the story of two actual court cases. The Steps to the Supreme Court takes a lively, narrative approach to the subject by following two real cases - one civil, one criminal - as they work their way through the system, all the way up to the Supreme Court. Written by a member of the Supreme Court bar, this book brings the legal system to life in a practical, accessible, and compelling way.

Despite what major media sources say, violence against Native women is not an epidemic. An epidemic is biological and blameless. Violence against Native women is historical and political, bounded by oppression and colonial violence. This book, like all of Sarah Deer's work, is aimed at engaging the problem head-on - and ending it. The Beginning and End of Rape collects and expands the powerful writings in which Deer has advocated for cultural and legal reforms to protect Native women from endemic sexual violence and abuse.

Crimes and violations of the law require punishment, and our legal system is set up to punish, but what if the system was recalibrated to also weigh grounds for forgiveness? What if something like bankruptcy - a fresh start for debtors - were available to people convicted of crimes? Martha Minow explores the complicated intersection of the law, justice, and forgiveness, asking whether the law should encourage people to forgive, and when courts, public officials, and specific laws should forgive.

Nobody's Child traces the legal definition of "insanity" back to its inception in Victorian Britain nearly 200 years ago, from when our understanding of the human mind was in its infancy, to today, when questions of race, class, and ability so often determine who is legally "insane" and who is criminally guilty. Vinocour explains how "competency" and "insanity" are creatures of a legal system, not of psychiatric reality, and how, in criminal law, the insanity defense has too often been a luxury of the rich and white.

At the same time that the Civil Rights Movement brought increasing opportunities for blacks, the United States liberalized its immigration policy. While the broadening of the United States's borders to non-European immigrants fits with a black political agenda of social justice, recent waves of immigration have presented a dilemma for blacks, prompting ambivalent or even negative attitudes toward migrants. What has an expanded immigration regime meant for how blacks express national attachment?

Equality is easy to grasp in theory but often hard to achieve in reality. In this accessible and wide-ranging work, American University law professor Robert L. Tsai offers a stirring account of how legal ideas that aren't necessarily about equality at all - ensuring fair play, behaving reasonably, avoiding cruelty, and protecting free speech - have often been used to overcome resistance to justice and remain vital today.

Hard White explains how the mainstreaming of white nationalism occurred, pointing to two major shifts in the movement. While the book argues that white extremism will have enduring effects on American electoral politics for some time to come, it suggests that the way forward is to refocus the conversation on social solidarity, concluding with ideas for how to build this solidarity.