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
SEC Proposes Regulation E-Delivery: How Will E-Delivery Work?
On July 16, 2026, the U.S. Securities and Exchange Commission (the “SEC” or “Commission”) proposed Regulation E-Delivery[i], a new regulatory framework that would permit covered entities to deliver required information to investors and other recipients electronically as the default method, without first obtaining affirmative consent.
In Part 1 of this 3-Part series, we provided an overview of proposed Regulation E-Delivery and defined its key concepts, including covered entities, covered information, and covered recipients. In this Part 2, we provide a high-level overview of how electronic delivery as proposed under Regulation E-Delivery is expected to function. In Part 3, we will address the practical implications Regulation E-Delivery is expected to have on covered entities.
How Electronic Delivery is Expected to Work
Electronic Address and...
Blog Post
Fees Recoverable by Oversecured Creditors in Bankruptcy: The Application of Code Sections 506(b) and 502(b)
Bankruptcy Code section 506(b) entitles an oversecured creditor to post-petition interest and reasonable fees and other charges. Are a creditor’s pre-petition charges also subject to a court’s view of what is reasonable?
Courts are split on this issue. A judge in New York recently explained why, in his view, reasonableness is not the right standard for the pre-petition portion of a claim. Pre-petition charges should be determined by applicable state law and not a judge’s analysis of what is reasonable. In re 1300 Desert Willow Road, LLC, No. 25-11375, 2026 WL 2088511 (Bankr. S.D.N.Y. Jul. 20, 2026).
The debtor is a single-asset real estate company. The creditor had loaned the debtor $20 million secured by a mortgage on real property. The debtor...
Publication
SEC Proposes Regulation E-Delivery: Default Electronic Delivery for Federal Securities Law Communications
On July 16, 2026, the U.S. Securities and Exchange Commission (the “SEC” or “Commission”) proposed Regulation E-Delivery[i], a new regulatory framework that would permit covered entities to deliver required information to investors and other recipients electronically as the default method, without first obtaining affirmative consent. In an accompanying statement, SEC Chairman Paul S. Atkins characterized the proposal as “an important step toward allowing the financial services industry to harness technology for the benefit of everyday American investors” and “another stride toward a regulatory framework suitable for the modern era.”[ii]
Proposed Regulation E-Delivery would establish uniform conditions under which the federal securities laws’ information delivery requirements are satisfied by electronic delivery. The proposal would generally supersede the Commission’s 1995[iii] and 1996[iv] e-delivery...
Blog Post
Regulation E-Delivery: SEC Proposes to Make Electronic Communication the Default
On July 16, 2026, the Securities and Exchange Commission announced a proposed rule to broaden many financial market participants’ use of electronic communications with investors and others who receive information pursuant to federal securities laws.[1]
Referred to as “Reg E-Delivery,” the new rule aims to help issuers and others who disseminate SEC-required information transition away from delivering paper documents, a communication method the Agency pointed out imposes “unnecessary costs and expenses” while “no longer reflect[ing] the preference of most investors.”[2]
Commenting on the proposed rule, Chair Atkins stated:
The world has changed dramatically since many of our rules were first adopted. But, all too often, our regulatory framework has remained static. … In an age of artificial intelligence and blockchain technology, a...
Blog Post
SEC Enforcement Launches New Financial Reporting and Accounting Unit
On August 5, 2026, the Securities and Exchange Commission announced its most recent step in its shift of enforcement priorities with the establishment of a new Financial Reporting and Accounting Unit.[1] According to the SEC’s press release, the Unit will operate within the Enforcement Division as a central resource for all SEC divisions pursuing financial reporting fraud as well as broader efforts.[2]
This move is the latest in Chair Atkin’s efforts to “retur[n] the agency to its core mission of protecting investors; facilitating capital formation; and maintaining fair, orderly, and efficient markets.”[3]
Commenting on the new unit’s launch, David Woodcock, Director of the Agency’s Enforcement Division, stated:
Since my return to the Division, I have been assessing every aspect of our staffing to...
Firm News
Firm Achieves Appellate Victory on Behalf of Gilead Sciences
On August 13, 2026, Patterson Belknap secured a significant appellate victory for our client, Gilead Sciences, Inc. (“Gilead”), in a trademark lawsuit brought to stop the alleged illegal importation and sale in the United States of international, non-FDA-approved Gilead medicines. The Court of Appeals for the Fourth Circuit affirmed the district court’s issuance of a preliminary injunction against all defendants in the action, enjoining them from violating Gilead’s trademark rights by importing or facilitating the importation of these foreign medicines through illicit and potentially unsafe channels.
The lawsuit was initially filed in the U.S. District Court for the District of Maryland in December 2024, after Gilead received a report from a concerned physician that a Maryland patient had received through the mail...
Event
Jason Vitullo to Speak at SCG Legal's 2026 Annual Meeting
On Friday, September 18, Partner Jason Vitullo will speak at SCG Legal's 2026 Annual Meeting, a conference designed to provide timely insights on the latest factors impacting the legal profession to help firms strengthen client relations and capitalize on new opportunities.
Mr. Vitullo will speak on a breakout session titled "Litigation in Focus: Navigating Complex Disputes." With Guillermo Bayas Fernández (Partner, AGM Abogados), Enbar Toledano (Partner, Wiley), Charles Van Horn (Shareholder, Berman Fink Van Horn), and Deborah Pollack-Milgate (Partner, Barnes & Thornburg), Mr. Vitullo will discuss the latest trends and best practices in litigation, including managing complex disputes, leveraging technology, and navigating regulatory and cross-border challenges.
To learn more, please click here.
Publication
SEC Proposes Regulation E-Delivery: Practical Implications
On July 16, 2026, the U.S. Securities and Exchange Commission (the “SEC” or “Commission”) proposed Regulation E-Delivery[i], a new regulatory framework that would permit covered entities to deliver required information to investors and other recipients electronically as the default method, without first obtaining affirmative consent. Comments on the proposal are due September 21, 2026, and the Commission proposes a two-year compliance period following any final rule adoption.
In Part 1 of this series, we provided an overview of proposed Regulation E-Delivery and defined its key concepts, including covered entities, covered information, and covered recipients. In Part 2, we explained how electronic delivery would function under the proposed rule. In Part 3, we address the practical implications and the potential economic impact...
Firm News
Patterson Belknap Recognized by Chambers in its 2026 High Net Worth Guide
Patterson Belknap Webb & Tyler is pleased to announce that the firm has been recognized by Chambers High Net Worth 2026 in the following practice areas:
Art and Cultural Property Law – USA-Nationwide
Private Wealth Law – New York
Chambers is a leading independent professional legal research company, delivering detailed rankings and insights into the world’s top lawyers and law firms. Its research methodology includes detailed interviews with clients and peers and analysis of capabilities, achievement, and sector presence.
The firm also received individual recognitions by Chambers in both practice areas:
Anne-Laure Alléhaut is ranked in the Art and Cultural Property Law practice area in the USA.
Michael Arlein is ranked in the Private Wealth Law practice area in New York.
Comments regarding the firm in the Chambers High Net Worth...
Event
Clint Morrison to Speak at Kisaco Research's 2026 Trade Secret Legal Protection North America Conference
On Monday, September 14, Partner Clint Morrison will speak on a panel at Kisaco Research's 2026 Trade Secret Legal Protection North America Conference titled "Reverse Engineering and Trade Secret Misappropriation: Where Courts are Drawing the Line." Mr. Morrison will join Carl Alexander Dinges (Partner, Bonabry), Eda Stark (Global IP Transactions & Litigation Managing Counsel, Olympus), and Victoria Cundiff (Adjust Professor, University of Pennsylvania Carey Law School) to discuss when a reverse engineering defense may be helpful, and how recent decisions have brought the defense under the spotlight.
To learn more, please click here.
Publication
SEC Proposes Regulation E-Delivery: How Will E-Delivery Work?
On July 16, 2026, the U.S. Securities and Exchange Commission (the “SEC” or “Commission”) proposed Regulation E-Delivery[i], a new regulatory framework that would permit covered entities to deliver required information to investors and other recipients electronically as the default method, without first obtaining affirmative consent.
In Part 1 of this 3-Part series, we provided an overview of proposed Regulation E-Delivery and defined its key concepts, including covered entities, covered information, and covered recipients. In this Part 2, we provide a high-level overview of how electronic delivery as proposed under Regulation E-Delivery is expected to function. In Part 3, we will address the practical implications Regulation E-Delivery is expected to have on covered entities.
How Electronic Delivery is Expected to Work
Electronic Address and...
Blog Post
Fees Recoverable by Oversecured Creditors in Bankruptcy: The Application of Code Sections 506(b) and 502(b)
Bankruptcy Code section 506(b) entitles an oversecured creditor to post-petition interest and reasonable fees and other charges. Are a creditor’s pre-petition charges also subject to a court’s view of what is reasonable?
Courts are split on this issue. A judge in New York recently explained why, in his view, reasonableness is not the right standard for the pre-petition portion of a claim. Pre-petition charges should be determined by applicable state law and not a judge’s analysis of what is reasonable. In re 1300 Desert Willow Road, LLC, No. 25-11375, 2026 WL 2088511 (Bankr. S.D.N.Y. Jul. 20, 2026).
The debtor is a single-asset real estate company. The creditor had loaned the debtor $20 million secured by a mortgage on real property. The debtor...
Publication
SEC Proposes Regulation E-Delivery: Default Electronic Delivery for Federal Securities Law Communications
On July 16, 2026, the U.S. Securities and Exchange Commission (the “SEC” or “Commission”) proposed Regulation E-Delivery[i], a new regulatory framework that would permit covered entities to deliver required information to investors and other recipients electronically as the default method, without first obtaining affirmative consent. In an accompanying statement, SEC Chairman Paul S. Atkins characterized the proposal as “an important step toward allowing the financial services industry to harness technology for the benefit of everyday American investors” and “another stride toward a regulatory framework suitable for the modern era.”[ii]
Proposed Regulation E-Delivery would establish uniform conditions under which the federal securities laws’ information delivery requirements are satisfied by electronic delivery. The proposal would generally supersede the Commission’s 1995[iii] and 1996[iv] e-delivery...
Blog Post
Regulation E-Delivery: SEC Proposes to Make Electronic Communication the Default
On July 16, 2026, the Securities and Exchange Commission announced a proposed rule to broaden many financial market participants’ use of electronic communications with investors and others who receive information pursuant to federal securities laws.[1]
Referred to as “Reg E-Delivery,” the new rule aims to help issuers and others who disseminate SEC-required information transition away from delivering paper documents, a communication method the Agency pointed out imposes “unnecessary costs and expenses” while “no longer reflect[ing] the preference of most investors.”[2]
Commenting on the proposed rule, Chair Atkins stated:
The world has changed dramatically since many of our rules were first adopted. But, all too often, our regulatory framework has remained static. … In an age of artificial intelligence and blockchain technology, a...
Blog Post
SEC Enforcement Launches New Financial Reporting and Accounting Unit
On August 5, 2026, the Securities and Exchange Commission announced its most recent step in its shift of enforcement priorities with the establishment of a new Financial Reporting and Accounting Unit.[1] According to the SEC’s press release, the Unit will operate within the Enforcement Division as a central resource for all SEC divisions pursuing financial reporting fraud as well as broader efforts.[2]
This move is the latest in Chair Atkin’s efforts to “retur[n] the agency to its core mission of protecting investors; facilitating capital formation; and maintaining fair, orderly, and efficient markets.”[3]
Commenting on the new unit’s launch, David Woodcock, Director of the Agency’s Enforcement Division, stated:
Since my return to the Division, I have been assessing every aspect of our staffing to...
Firm News
Firm Achieves Appellate Victory on Behalf of Gilead Sciences
On August 13, 2026, Patterson Belknap secured a significant appellate victory for our client, Gilead Sciences, Inc. (“Gilead”), in a trademark lawsuit brought to stop the alleged illegal importation and sale in the United States of international, non-FDA-approved Gilead medicines. The Court of Appeals for the Fourth Circuit affirmed the district court’s issuance of a preliminary injunction against all defendants in the action, enjoining them from violating Gilead’s trademark rights by importing or facilitating the importation of these foreign medicines through illicit and potentially unsafe channels.
The lawsuit was initially filed in the U.S. District Court for the District of Maryland in December 2024, after Gilead received a report from a concerned physician that a Maryland patient had received through the mail...