Finalist, 2025 PROSE Awards: Legal Studies and CriminologyA history of the humble footnote and its impact on the highest court in the landIn May 2022, a seismic legal event occurred as the draft majority opinion in Dobbs v. Jackson Women’s Health was leaked. The majority aimed to eliminate constitutional protection for abortion. Amidst the fervor, an unnoticed detail emerged: over 140 footnotes accompanied the majority opinion and ...

In the Civil War, the United States and the Confederate States of America engaged in combat to defend distinct legal regimes and the social order they embodied and protected. Depending on whose side's arguments one accepted, the Constitution either demanded the Union's continuance or allowed for its dissolution. After the war began, rival legal concepts of insurrection (a civil war within a nation) and belligerency (war between sovereign enemies) vied for adherents in federal and Confedera...

History helps us understand change, provides clues to our own identity, and hones our moral sense. But history is not a stand-alone discipline. Indeed, its own history is incomplete without recognition of its debt to its companions in the humane and social sciences. In Clio among the Muses, noted historiographer Peter Charles Hoffer relates the story of this remarkable collaboration. Hoffer traces history's complicated partnership with its coordinate disciplines of religion, philosophy, th...

The distinguished historian "does a remarkable job" with this lively and comprehensive textbook—now in a new, expanded edition (Daniel P. Kotzin, Teaching History).The Brave New World covers the span of early American history, from 30,000 years before Europeans ever landed on North American shores to creation of the new nation. With its exploration of the places and peoples of early America, this volume brings together the most recent scholarship on the col...

How three skilled orators navigated a polarized political landscapeFor the generation of politicians who inherited the Republic and the Union, the opening months of 1850 were a desperate time filled with increasing animosity between free and slave state leaders over issues of the expansion of slavery. Following the end of the Mexican-American War and the subsequent expansion of American territory came a series of fiery debates over how this new territory would be g...

"A fine study . . . by a prolific scholar who adeptly restores the Salem Gunpowder Raid to its rightful place in the history of the American Revolution." — New England QuarterlyOn April 19, 1775, British raids on Lexington Green and Concord Bridge made history, but it was an episode nearly two months earlier in Salem, Massachusetts, that set the stage for the hostilities. Peter Charles Hoffer has discovered records and newspaper accounts of a British gunpow...

A lively synthesis of early American history, now in its third edition.The Brave New World covers the entire span of early American history, from 30,000 years before Europeans landed on North American shores to the Revolutionary War. With its exploration of the places and peoples of early America, this comprehensive new edition of a classic textbook brings together the most recent scholarship on the colonial and revolutionary eras, Native Americans, slaver...

For more than two centuries, the U.S. Supreme Court has provided a battleground for nearly every controversial issue in our nation’s history. Now a veteran team of talented historians—including the editors of the acclaimed Landmark Law Cases and American Society series—have updated the most readable, astute single-volume history of this venerated institution with a new chapter on the Roberts Court.The Supreme Court chronicles an institution that dramatically evolved from s...

The Clamor of Lawyers explores a series of extended public pronouncements that British North American colonial lawyers crafted between 1761 and 1776. Most, though not all, were composed outside of the courtroom and detached from on-going litigation. While they have been studied as political theory, these writings and speeches are rarely viewed as the work of active lawyers, despite the fact that key protagonists in the story of American independen...

In Seward's Law**, Peter Charles Hoffer argues that William H. Seward's legal practice in Auburn, New York, informed his theory of relational rights—a theory that demonstrated how the country could end slavery and establish a practical form of justice.** This theory, Hoffer demonstrates, had ties to Seward's career as a country lawyer. Despite his rise to prominence, and indeed preeminence, as a US secretary of state, Seward's country-lawyer menta...

In the current legal climate where “everyone is an originalist,” conventional wisdom suggests that judges merely find law, rather than make it. Orthodox common-law jurisprudence makes fidelity to the past the central goal and criterion. By contrast, the alternative approach, “reading the law forward”—what some call judicial pragmatism or consequentialism—is viewed as heretical. Rather than mount a theoretical defense of a forward-thinking jurisprudence, legal historian Peter Charles Hoffer...

America’s founders extolled a nation of laws, for they knew that only a fairly enforced legal system could protect liberty and property against corruption and tyranny. Nearly two and a half centuries later, that system remains the ultimate safeguard for us all. With concise but penetrating and provocative insights, the eminent Peter Charles Hoffer recaptures the spirit of this grand enterprise while never losing sight of its human face.The distillation of four decades of stellar wr...