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...

The Great Emu War, which unfolded in Australia in 1932, stands as one of the most peculiar conflicts in history, pitting humans against a flightless bird. Following World War I, many Australian veterans were given land to farm in Western Australia. However, their efforts were thwarted by an unexpected adversary: the emu population. These large, flightless birds descended upon the newly cultivated fields, wreaking havoc on crops and causing significant economic strain for the farmers. As th...

The Great Emu War, which unfolded in Australia in 1932, stands as one of the most peculiar conflicts in history, pitting humans against a flightless bird. Following World War I, many Australian veterans were given land to farm in Western Australia. However, their efforts were thwarted by an unexpected adversary: the emu population. These large, flightless birds descended upon the newly cultivated fields, wreaking havoc on crops and causing significant economic strain for the farmers. As th...

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 ...

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...

The Law’s Conscience is a history of equity in Anglo-American juris-prudence from the inception of the chancellor’s court in medieval England to the recent civil rights and affirmative action decisions of the United States Supreme Court. Peter Hoffer argues that equity embodies a way of looking at law, including constitutions, based on ideas of mutual fairness, public trusteeship, and equal protection. His central theme is the tension between the ideal of equity and the actual ava...

Americans have long been identified as a people of law and lawyers with an addiction to lawsuits. In Litigation Nation, Peter Charles Hoffer, one of America’s most preeminent legal historians, charts the history of civil litigation from the seventeenth century to the present, using key cases pursued by ordinary people to illustrate how the civil courts have been a battlefront to contest the boundaries of permissible personal conduct in times of social and political change. Using r...

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...

Woodrow Wilson, a practicing academic historian before he took to politics, defined the importance of history: "A nation which does not know what it was yesterday, does not know what it is today." He, like many men of his generation, wanted to impose a version of America's founding identity: it was a land of the free and a home of the brave. But not the braves. Or the slaves. Or the disenfranchised women. So the history of Wilson's generation omitted a significant proportion of the populat...

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...