American History

Articles in the American History category explore how major events, court decisions, and constitutional developments shaped U.S. law and legal institutions. Topics include the founding era, civil rights and liberties, landmark Supreme Court rulings, wartime and executive power, federalism, and the evolution of statutes and legal doctrines over time.

3 posts
How Did the 14th Amendment’s Equal Protection Clause Get Interpreted After Brown v. Board of Education?

How Did the 14th Amendment’s Equal Protection Clause Get Interpreted After Brown v. Board of Education?

In 1954, Brown v. Board of Education transformed Equal Protection by rejecting “separate but equal” as inherently unequal in public schools. In the decades that followed, courts expanded, limited, and re-framed Brown’s principles through strict scrutiny, desegregation remedies, and later restrictions on race-conscious government action. This article traces the major post-Brown interpretations—covering implementation, intent vs. […]
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How to Research Native American Treaty Rights in Federal Court: A Step-by-Step Guide for Attorneys in Oklahoma

How to Research Native American Treaty Rights in Federal Court: A Step-by-Step Guide for Attorneys in Oklahoma

In federal Indian law, treaty rights are most often researched through 4 core sources: the treaty text, federal statutes, federal case law, and the administrative record/history. For Oklahoma attorneys, the analysis frequently intersects with the Indian Commerce Clause, federal preemption, and jurisdiction doctrines unique to the former Indian Territory. This guide walks step-by-step through finding, […]
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The Comstock Act Revival – Why an 1873 Law Is Back in Courts

The Comstock Act Revival – Why an 1873 Law Is Back in Courts

The Comstock Act is a federal law enacted in 1873 that bans mailing “obscene” materials, and it’s being invoked again in modern abortion-pill and enforcement lawsuits. Recent litigation and agency guidance disputes have revived arguments over whether it restricts shipping mifepristone and other abortion-related items nationwide. This article explains the law’s origins, key court fights, […]
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