Bibliography - Season 3
During the course of Season 3 of our podcast, we have made reference to and relied upon the following written source material. We recommend all of these sources if you are interested in learning more about the issues and people that we have discussed on the podcast:
Ackerman, Bruce. We the People, Volume 1: Foundations (1991)
- Ackerman, Bruce. We the People, Volume 2: Transformations (1998)
- Ackerman, Bruce. We the People, Volume 3: The Civil Rights Revolution (2014)
- Anderson, Carol. One Person, No Vote: How Voter Suppression is Destroying our Democracy (2018)
- Avins, Alfred. The Ku Klux Klan Act of 1871: Some Reflected Light in State Action and the Fourteenth Amendment, 11 St. Louis U. L.J. 331 (1967)
- Ayers, Edward. The Promise of the New South: Life After Reconstruction (2007)
- Baptist, Edward. The Half Has Never Been Told: Slavery and the Making of American Capitalism (2014)
- Beckert, Sven. Empire of Cotton: A Global History (2014)
- Bell, Derrick. Faces at the Bottom of the Well: The Permanence of Racism (1992)
- Berger, Bethany. Birthright Citizenship on Trial: Elk v. Wilkins and United States v. Wong Kim Ark, 37 Cardozo L. Rev. 1226 (2016)
- Blight, David. Beyond the Battlefield: Race, Memory, and the American Civil War (2002)
- Blight, David. Frederick Douglass: Prophet of Freedom (2018)
- Blight, David. Race and Reunion: The Civil War in American Memory (2001)
- Blight, David. Course Lectures, The Civil War and Reconstruction (HIST 119), https://www.youtube.com/watch?v=QXXp1bHd6gI&list=PL5DD220D6A1282057
- Brands, H.W. The Heirs of the Founders (2018)
- Cannadine, David. Victorious Century: The United Kingdom 1800–1906 (2017)
- Chernow, Ron. Grant (2017)
- Clift, Eleanor. Founding Sisters and the Nineteenth Amendment (2007)
- Delbanco, Andrew. The War Before the War: Fugitive Slaves and the Struggle for America’s Soul from the Revolution to the Civil War (2018)
- Dew, Charles. Apostles of Disunion: Southern Secession Commissioners and the Causes of the Civil War (2001)
- Dionne, Evette. Lifting as We Climb: Black Women’s Battle for the Ballot Box (2020)
- Donald, David Herbert. Charles Sumner and the Coming of the Civil War (1960)
- Douglass, Frederick. Life and Times of Frederick Douglass (1881)
- Dray, Philip. Capitol Men: The Epic Story of Reconstruction Through the Lives of the First Black Congressmen
- Du Bois, W.E.B. Black Reconstruction in America: An Essay Toward a History of the Part Which Black Folk Played in the Attempt to Reconstruct Democracy in America, 1860–1880 (1935)
- Egerton, Douglas. The Wars of Reconstruction: The Brief, Violent History of America’s Most Progressive Era (2014)
- Egerton, Douglas. Thunder at the Gates: The Black Civil War Regiments That Redeemed America (2016)
- Epps, Garrett. Democracy Reborn: The Fourteenth Amendment and the Fight for Equal Rights in Post-Civil War America (2006)
- Farber, Daniel. A Fatal Loss of Balance: Dredd Scott Revisited, 39 Pepp. L. Rev. 13 (2011)
- Fehrenbacher, Don (ed.) Lincoln: Speeches and Writings, 1832–1858 (2008)
- Fehrenbacher, Don (ed.) Lincoln: Speeches and Writings, 1859–1865 (1989)
- Foner, Eric. Reconstruction: America’s Unfinished Revolution (Revised Edition), 1863–1877 (2014)
- Foner, Eric. The Second Founding: How the Civil War and Reconstruction Remade the Constitution (2019)
- Foreman, Amanda. A World on Fire: Britain’s Crucial Role in the American Civil War (2010)
- Freeman, Joanne. The Field of Blood: Violence in Congress and the Road to Civil War (2018)
- Gates, Henry Louis. Stony the Road: Reconstruction, White Supremacy, and the Rise of Jim Crow (2019)
- Grant, Ulysses. Personal Memoirs of Ulysses S. Grant (1885)
- Hahn, Steven. A Nation Under Our Feet: Black Political Struggles in the Rural South from Slavery to the Great Migration (2003)
- Hogeland, William. Autumn of the Black Snake: George Washington, Mad Anthony Wayne, and the Invasion that Opened the West (2017)
- Horwitz, Tony. Midnight Rising: John Brown and the Raid that Sparked the Civil War (2011)
- Howe, Daniel Walker. What Hath God Wrought: The Transformation of America, 1815–1848 (2007)
- Immerwahr, Daniel. How to Hide an Empire: A History of the Greater United States (2019)
- Jones, Martha. Birthright Citizens: A History of Race and Rights in Antebellum America (2018)
- Jones, Martha. Vanguard: How Black Women Broke Barriers, Won the Vote, and Insisted on Equality for All (2019)
- Keyssar, Alexander. The Right to Vote: The Contested History of Democracy in the United States (2009)
- Klarman, Michael. An Interpretive History of Modern Equal Protection, 90 Mich. L. Rev. 213 (1991)
- Klarman, Michael. From Jim Crow to Civil Rights: The Supreme Court and the Struggle for Racial Equality (2004)
- Klarman, Michael. The Framer’s Coup: The Making of the United States Constitution (2016)
- Lemann, Nicholas. Redemption: The Last Battle of the Civil War (2006)
- Levine, Bruce. The Fall of the House of Dixie: The Civil War and the Social Revolution that Transformed the South (2013)
- Magliocca, Gerard. Rediscovering Corfield v. Coryell, 95 N.D. L. Rev. 701 (2020)
- McPherson, James. Battle Cry of Freedom: The Civil War Era (2003)
- Nicoletti, Cynthia. Secession on Trial: The Treason Prosecution of Jefferson Davis (2017)
- Perl-Rosenthal, Nathan. Citizen Sailors: Becoming American in the Age of Revolution (2015)
- Potter, David. The Impending Crisis, 1848–1861 (1976)
- Richards, Leonard. Who Freed the Slaves? The Fight Over the Thirteenth Amendment (2015)
- Robertson, David. Denmark Vesey: The Buried Story of America’s Largest Slave Rebellion and the Man Who Led It (1999)
- Schnapper, Eric. Affirmative Action and the Legislative History of the Fourteenth Amendment, 71 Va. L. Rev. 753 (1985)
- Schoeppner, Michael. Navigating the Dangerous Atlantic: Racial Quarantines, Black Sailors, and United States Constitutionalism (Univ. of Fla. Dissertation 2010)
- Schwartz, Joanna. Police Indemnification, 89 N.Y.U. L. Rev. 885 (2014)
- Sears, Stephen (ed.) The Civil War: The Second Year Told by Those Who Lived It (2012)
- Siegel, Reva. Why Equal Protection No Longer Protects: The Evolving Forms of Status-Enforcing State Action, 49 Stan. L. Rev. 1111 (1997)
- Sheehan-Dean, Aaron (ed.) The Civil War: The Final Year Told by Those Who Lived It (2014)
- Simpson, Brooks; Sears, Stephen; Sheehan-Dean, Aaron (eds.) The Civil War: The First Year Told by Those Who Lived It (2011)
- Simpson, Brooks (ed). The Civil War: The Third Year Told by Those Who Lived It (2013)
- Simpson, Brooks (ed.) Reconstruction: Voices from America’s First Great Struggle for Racial Equality (2018)
- Sinha, Manisha. The Slave’s Cause: A History of Abolition (2016)
- Stampp, Kenneth. America in 1857: A Nation on the Brink (1990)
- Taylor, Alan. The Internal Enemy: Slavery and War in Virginia, 1772–1832 (2013)
- Toll, Ian. Six Frigates: The Epic History of the Founding of the U.S. Navy (2006)
- Trowbridge, J.T. A Picture of the Desolated States; and the work of Restoration, 1865–1868 (1868)
- Ware, Susan (ed.) American Women’s Suffrage: Voices from the Long Struggle for the Vote 1776–1965 (2020)
- Weiss, Elaine. The Woman’s Hour: The Great Fight to Win the Vote (2018)
- White, Richard. The Republic for Which it Stands: The United States During Reconstruction and the Gilded Age, 1865–1896 (2017)
- Wiecek, William. The Guarantee Clause of the U.S. Constitution (1972)
- Wineapple, Brenda. The Impeachers: The Trial of Andrew Johnson and the Dream of a Just Nation (2019)
- Wood, Gordon. Friends Divided: John Adams and Thomas Jefferson (2017)
- Zuckerman, George David. A Consideration of the History and Present Status of Section 2 of the Fourteenth Amendment, 30 Fordham L. Rev. 1 (1961)
Firm Highlights
Publication
Supreme Court Declines to Revisit “Undue Hardship” Standard in Religious Accommodations Cases
On October 5, 2026, the Supreme Court of the United States denied a request by a group of Washington firefighters for further clarification as to whether employers accused of illegally denying religious accommodations pursuant to Title VII of the Civil Rights Act (“Title VII”) must show that the requested workplace adjustments present an actual hardship. Petersen et al. v. Snohomish Regional Fire & Rescue et al., No. 25-1210. The Court’s denial of the petition for certiorari signals a vote of confidence from the Justices in their landmark 2023 Groff v. DeJoy decision, 600 U.S. 447 (2023), which heightened the previous “de minimis” standard for employers’ showing of undue hardship in cases of denied religious accommodations requests.
Religious Accommodations and Undue...
Blog Post
You Win Some and Lose Some: Judge Liman Decides Competing Motions to Compel
On September 4, 2026, District Judge Lewis J. Liman (S.D.N.Y.) granted in part and denied in part Plaintiff Lashify, Inc.’s (“Lashify”) motion to compel discovery and denied Defendants Qingdao Network Technology Co., Ltd., d/b/a UCoolMe and Vivicute Limited’s (“UCoolMe”) motion to compel. Lashify, Inc. v. Qingdao Network Tech. Co., Ltd., No. 25-cv-4183 (S.D.N.Y. Sep. 4, 2026).
Lashify’s Motion to Compel
Lashify moved to compel UCoolMe to provide responses to discovery requests relating to: (i) product samples and raw materials; (ii) manufacturing; (iii) employees and supply chain; (iv) marketing; and (v) finances. Id. at *2. The Court found that each of those topics were relevant under Fed. R. Civ. P. 26(a) and that UCoolMe did not sufficiently respond to discovery requests related to...
Blog Post
Delaware Bankruptcy Court Crafts Test Concerning Post-Confirmation “Related-To” Jurisdiction
The filing of a bankruptcy case creates an estate consisting of the debtor’s legal and equitable property. The estate will continue until the debtor’s confirmed plan of reorganization or liquidation goes effective. It will then terminate, and the property will either revest in the reorganized debtor or be transferred to another entity such as a post-confirmation liquidation trust.
Now and then, bankruptcy judges face this issue: after plan confirmation, when can a liquidation trustee assert state law claims in a lawsuit filed in the bankruptcy court?
In terms of a bankruptcy court’s subject matter jurisdiction, the question can be articulated this way: when can a bankruptcy court have post-confirmation related-to jurisdiction over such claims under 28 U.S.C. section 1334?[i]
A bankruptcy judge...
Publication
U.S. Department of Education Formally Reverts to Title IX Rules from 2020
On September 29, 2026, the U.S. Department of Education (the “ED”) published a Final Rule, “Recodification of Title IX Rules,” formally removing the 2024 Title IX Rule from the Code of Federal Regulations (“CFR”) and restoring the provisions of the 2020 Title IX Rule, with a few exceptions.[1] The 2026 Title IX Rule took effect upon publication. For most schools, colleges, and other recipients of federal education funding, the 2026 Rule does not change day-to-day obligations, because the 2020 framework has governed since early 2025. It does, however, close a chapter of litigation and set the stage for further regulatory action.
As we reported in our February 6, 2025 Alert, a federal district court vacated the entirety of the 2024...
Firm News
Firm Secures Complete Patent Litigation Victory on Behalf of J&J
On August 31, 2026, Patterson Belknap secured a victory on behalf of Janssen Pharmaceuticals, Inc. (a subsidiary of Johnson & Johnson) in a Hatch-Waxman patent infringement litigation relating to Spravato®, its blockbuster esketamine nasal spray approved for the treatment of treatment-resistant depression and major depressive disorder with suicidal ideation.
This litigation was initiated after an ANDA filing by Sandoz, Inc. (“Sandoz”) in 2023, seeking FDA approval for its generic version of Spravato. Janssen asserted that Sandoz’s proposed generic product would infringe certain claims of U.S. Patent Nos. 11,446,260, 10,869,844; 11,173,134; and 11,311,500. Sandoz counterclaimed for declaratory judgment that each of the asserted patent claims was invalid under 35 U.S.C. §103 and/or § 112. On August 31, 2026, the U.S. District...
Firm News
Barbara Mullin Named Among Benchmark Litigation’s 2026 Top 250 Women in Litigation
Partner Barbara Mullin has been named one of Benchmark Litigation’s 2026 Top 250 Women in Litigation. The ranking uses an extensive research process, including “months of investigation into individual litigators’ professional activities as well as client feedback surveys and one-on-one interviews” to identify women who are “top players” in their field.
To learn more, please click here.
Firm News
Firm Attorneys Honored by The Legal Aid Society at 2026 Pro Publico Awards
On October 7, 2026, The Legal Aid Society honored Of Counsel David Dykhouse and Associates Kimberly Black and Jillian Horowitz at its annual Pro Bono Publico Awards Ceremony. The Pro Bono Publico Award recognizes pro bono partners for their outstanding contributions to advancing equal justice for New Yorkers.
Mr. Dykhouse, Ms. Black, and Ms. Horowitz were honored for their work representing a group of tenants in connection with a real estate group’s bankruptcy filing. Prior to its bankruptcy, the group owned 93 different properties with over 5,000 residential units. The tenants lived in unsafe and unsanitary conditions due to real estate group’s years of neglect. Patterson Belknap filed an objection to the group’s proposed sale of its real estate portfolio, asserting that the...
Blog Post
AI Companies Find Value in Bankrupt Companies
Spirit Airlines filed for bankruptcy in November 2024 and, after emerging from bankruptcy, filed again in August 2025. During the second case, the company tried to find a way to keep the airline in business but to no avail. In May 2026, Spirit Airlines pivoted towards a wind-down and ceased operations.
This summer, as a part of its wind-down, Spirit Airlines began marketing its remaining assets. It had plenty of traditional assets to sell. For example, the debtors’ bid procedures motion filed in May 2026 listed the following assets: takeoff and landing slots at LaGuardia Airport; aircraft hangar(s); corporate headquarters; training center; multi-family residential buildings; ground service equipment; spare engines; flight simulators; aircraft maintenance equipment; and assets related to the...
Publication
Data Sale In Spirit Bankruptcy Raises Novel Privacy Risks
In August 2025, Spirit Airlines filed its second bankruptcy less than a year after its first. Although the company tried to find a way to keep the lights on, in May 2026, Spirit Airlines pivoted toward liquidation in the U.S. Bankruptcy Court for the Southern District of New York.
Though asset sales are routine practice in large Chapter 11 cases like Spirit Airlines, in this case, the debtors' proposed sale of assets has raised novel data privacy questions that the law may not be ready to answer.
To continue reading Daniel A. Lowenthal and Kimberly Black's article on this topic, please click here.
Event
Maurene Comey to Speak on New York Criminal Bar Association Panel
On Wednesday, October 21, Partner Maurene Comey will speak on a New York Criminal Bar Association panel titled "Modern Prosecution and Defense of Sex Offenses." Ms. Comey will join Teny Geragos (Founding Partner, Agnifilo Intrater), Moira Penza (Partner, Wilkinson Stekloff), and Isabelle Kirshner (Partner, Clayman Rosenberg Kirshner & Linder LLP) to explore key strategies and considerations for prosecuting and defending modern sex-offense cases.
To learn more, please click here.
Publication
Supreme Court Declines to Revisit “Undue Hardship” Standard in Religious Accommodations Cases
On October 5, 2026, the Supreme Court of the United States denied a request by a group of Washington firefighters for further clarification as to whether employers accused of illegally denying religious accommodations pursuant to Title VII of the Civil Rights Act (“Title VII”) must show that the requested workplace adjustments present an actual hardship. Petersen et al. v. Snohomish Regional Fire & Rescue et al., No. 25-1210. The Court’s denial of the petition for certiorari signals a vote of confidence from the Justices in their landmark 2023 Groff v. DeJoy decision, 600 U.S. 447 (2023), which heightened the previous “de minimis” standard for employers’ showing of undue hardship in cases of denied religious accommodations requests.
Religious Accommodations and Undue...
Blog Post
You Win Some and Lose Some: Judge Liman Decides Competing Motions to Compel
On September 4, 2026, District Judge Lewis J. Liman (S.D.N.Y.) granted in part and denied in part Plaintiff Lashify, Inc.’s (“Lashify”) motion to compel discovery and denied Defendants Qingdao Network Technology Co., Ltd., d/b/a UCoolMe and Vivicute Limited’s (“UCoolMe”) motion to compel. Lashify, Inc. v. Qingdao Network Tech. Co., Ltd., No. 25-cv-4183 (S.D.N.Y. Sep. 4, 2026).
Lashify’s Motion to Compel
Lashify moved to compel UCoolMe to provide responses to discovery requests relating to: (i) product samples and raw materials; (ii) manufacturing; (iii) employees and supply chain; (iv) marketing; and (v) finances. Id. at *2. The Court found that each of those topics were relevant under Fed. R. Civ. P. 26(a) and that UCoolMe did not sufficiently respond to discovery requests related to...
Blog Post
Delaware Bankruptcy Court Crafts Test Concerning Post-Confirmation “Related-To” Jurisdiction
The filing of a bankruptcy case creates an estate consisting of the debtor’s legal and equitable property. The estate will continue until the debtor’s confirmed plan of reorganization or liquidation goes effective. It will then terminate, and the property will either revest in the reorganized debtor or be transferred to another entity such as a post-confirmation liquidation trust.
Now and then, bankruptcy judges face this issue: after plan confirmation, when can a liquidation trustee assert state law claims in a lawsuit filed in the bankruptcy court?
In terms of a bankruptcy court’s subject matter jurisdiction, the question can be articulated this way: when can a bankruptcy court have post-confirmation related-to jurisdiction over such claims under 28 U.S.C. section 1334?[i]
A bankruptcy judge...
Publication
U.S. Department of Education Formally Reverts to Title IX Rules from 2020
On September 29, 2026, the U.S. Department of Education (the “ED”) published a Final Rule, “Recodification of Title IX Rules,” formally removing the 2024 Title IX Rule from the Code of Federal Regulations (“CFR”) and restoring the provisions of the 2020 Title IX Rule, with a few exceptions.[1] The 2026 Title IX Rule took effect upon publication. For most schools, colleges, and other recipients of federal education funding, the 2026 Rule does not change day-to-day obligations, because the 2020 framework has governed since early 2025. It does, however, close a chapter of litigation and set the stage for further regulatory action.
As we reported in our February 6, 2025 Alert, a federal district court vacated the entirety of the 2024...
Firm News
Firm Secures Complete Patent Litigation Victory on Behalf of J&J
On August 31, 2026, Patterson Belknap secured a victory on behalf of Janssen Pharmaceuticals, Inc. (a subsidiary of Johnson & Johnson) in a Hatch-Waxman patent infringement litigation relating to Spravato®, its blockbuster esketamine nasal spray approved for the treatment of treatment-resistant depression and major depressive disorder with suicidal ideation.
This litigation was initiated after an ANDA filing by Sandoz, Inc. (“Sandoz”) in 2023, seeking FDA approval for its generic version of Spravato. Janssen asserted that Sandoz’s proposed generic product would infringe certain claims of U.S. Patent Nos. 11,446,260, 10,869,844; 11,173,134; and 11,311,500. Sandoz counterclaimed for declaratory judgment that each of the asserted patent claims was invalid under 35 U.S.C. §103 and/or § 112. On August 31, 2026, the U.S. District...
Firm News
Barbara Mullin Named Among Benchmark Litigation’s 2026 Top 250 Women in Litigation
Partner Barbara Mullin has been named one of Benchmark Litigation’s 2026 Top 250 Women in Litigation. The ranking uses an extensive research process, including “months of investigation into individual litigators’ professional activities as well as client feedback surveys and one-on-one interviews” to identify women who are “top players” in their field.
To learn more, please click here.