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
Event
Firm Partners to Speak at American Conference Institute's 2026 Biosimilars & Innovator Biologics Conference
On Tuesday, June 2 and Wednesday, June 3, 2026, Partners Jay Cho and Aron Fischer will speak at the American Conference Institute's 2026 Biosimilars & Innovator Biologics Conference, the premier forum for biosimilars strategy, innovation, and litigation trends.
On June 2 at 12:00pm, Mr. Cho will speak on a panel titled "The Evolving Parameters of the Safe Harbor Defense to Patent Infringement: Excluded Activities and the 'Reasonably Related' Standard." He will join Eric W. Dittmann (Partner, Paul Hastings), James T. Evans, Ph.D. (Senior Director, Assistant General Counsel, Global IP Litigation, Regeneron Pharmaceuticals, Inc.), and Henry Gu (SVP, Head of Intellectual Property, Zentalis Pharmaceuticals) for a discussion on critical elements of the Safe Harbor defense and recent case law.
On June 3 at 2:00pm, Mr....
Blog Post
Bankruptcy Court Denies Motions to Convert Case and to Appoint an Examiner
A bankruptcy judge has ruled that a debtor can satisfy the Bankruptcy Code’s rehabilitation standard by selling its assets as a going concern and thereby avoid conversion from chapter 11 to chapter 7. In the same decision, the court denied a motion seeking the appointment of what the movants called an “examiner with expanded powers.” In re Deqser, LLC, Case No. 25-10687, 2026 Bankr. LEXIS 1004 (Bankr. D. Del. Apr. 22, 2026).
The debtors operated a laundry business that serviced hotels located in New York City. The business suffered a downturn following an electrical fire at its facility as well as problems with its software. The debtors filed chapter 11 in early 2025.
During their case, the debtors lost about $200,000 a...
Firm News
Firm Achieves Significant Lanham Act Win for Johnson & Johnson
On April 17, 2026, Patterson Belknap secured a significant victory for our clients, Johnson & Johnson and Janssen Biotech, Inc. (“J&J”), when the U.S. District Court for the Southern District of New York denied a preliminary injunction in a Lanham Act suit filed by Bayer HealthCare LLC (“Bayer”).
The dispute concerned a retrospective scientific study sponsored by J&J that compared the real-world efficacy of both companies’ prostate cancer medications, concluding that J&J’s ERLEADA was associated with a reduction in overall risk of death approximately 50% greater than Bayer’s NUBEQA. Bayer alleged that the study was methodologically flawed, and that J&J’s publication of the study results therefore constituted “false advertising.” The statements at issue included a presentation given by the study authors at a medical...
Publication
Insider Trading Safeguards Can Mitigate Sports Betting Risk
From sports betting to prediction markets, the phenomenon some call "the casino-ification of America" has captured the American zeitgeist. Sports betting in particular has become ubiquitous since the U.S. Supreme Court's 2018 decision in Murphy v. NCAA, which opened the door for states to legalize sports gambling.
Fans can now regularly bet on games and player performances directly from their smartphones. And, as several recent criminal indictments have alleged, some bettors are capitalizing on their access to inside information to obtain an unfair advantage on their wagers.
This article will discuss how, because sports-related inside information continues to become more valuable, organizations including professional sports leagues, governing bodies, college athletic conferences, athletic departments and teams are playing an increasingly prominent role in...
Publication
Employment Law Compliance for Start-Ups
Before you press "go" to launch your next business idea, as a founder and entrepreneur of a start-up company you should address an important (if uninspiring) step: employment law compliance. Complacency now can turn into an expensive distraction later, with the potential to create surprise liabilities and maybe even scuttle future deals. This alert flags core employment law issues every start-up should tackle now so they don't snowball later.
Onboarding Compliance Checklist
Before work can begin, employers must check an ever-growing number of compliance boxes:
Register to Do Business: Register your company in each state where you have employees (e.g., the local departments of tax, labor, state, etc.).
Workers' Compensation and Unemployment Insurance: Obtain both in each state where you have employees.
New Hire Reporting:...
Blog Post
SEC Enforcement Results for FY 2025: “Unique Period of Transition”
The Securities and Exchange Commission issued a press release on April 7, 2026, announcing the agency’s enforcement results for transitional period under the new presidential administration.[1]
Describing FY 2025 as “a unique period of transition,” the statement pointed to a pulse of enforcement actions initiated between October and December 2024 [2] under outgoing SEC Chair Gary Gensler, critiquing the activity as “unprecedented rush” and the focus as an “aggressive pursuit of novel legal theories.”[3]. Current SEC Chair Paul S. Atkins described the shift as having “redirected resources toward the types of misconduct that inflict the greatest harm—particularly fraud, market manipulation, and abuses of trust.”[4]
During FY 2025, the SEC brought 303 standalone enforcement actions, a combination of civil suits and administrative procedures that...
Event
Stephanie Glaser to Speak at American Conference Institute's 6th Annual Summit for Women Leaders in IP Law
On Wednesday, June 3, Counsel Stephanie Bunting Glaser will speak on a program at the American Conference Institute's 6th Annual Summit for Women Leaders in IP Law titled "Copyrights in Synthetic Media: Protecting Creativity in the AI Era." Ms. Glaser will join Emily Lanza (Senior Counsel, U.S. Copyright Office, Office of Policy & International Affairs) to explore new challenges created by artificial intelligence in copyright law and offer strategies for safeguarding creative assets.
To learn more, please click here.
Publication
New Executive Order Regarding IRA Enhancements
Introduction
On April 30, 2026, President Trump signed an Executive Order (the “Order”) designed to expand access to retirement savings for the tens of millions of American workers who currently lack employer-sponsored retirement plans, including many small-business employees, part-time workers, independent contractors, and self-employed individuals facing barriers to saving for retirement. The Order is designed to complement the Federal Saver's Match enacted under the SECURE 2.0 Act, which provides eligible workers with a federal matching contribution of up to $1,000 for retirement savings, and to promote high-quality, low-cost individual retirement account (“IRA”) access.
Key Provisions and Implications
The Order directs the Secretary of the Treasury (the “Secretary”) to establish, by January 1, 2027, an informational website (TrumpIRA.gov) that will serve as a...
Blog Post
It’s All Relative: Judge Komitee Holds That an Infringing Sale Can Take Place at Multiple Times Both Before and After a Patent Issues
Judge Eric Komitee recently denied a motion to dismiss patent infringement claims accusing flood prevention products sold pursuant to a contract that was entered into before the patent issued but delivered and installed after issuance.
In 2013, plaintiff FloodBreak, LLC filed its patent application for a device that prevents flooding in subway systems. In 2016, while that application was pending, defendants T. Moriarty & Son, Inc. and James P. Moriarty, Jr. (collectively, “TMS”) contracted with the Metropolitan Transportation Authority (“MTA”) to supply flood-mitigation devices for the New York City subway. After the patent issued in 2017, FloodBreak sued TMS’s supplier and obtained a stipulated judgment that its devices infringe. FloodBreak then filed suit against TMS alleging infringement by TMS’s offer...
Firm News
Firm Obtains Dismissal of False Claims Act Suit on Behalf of McGraw Hill
On May 15, 2026, Patterson Belknap successfully secured the dismissal of a False Claims Act lawsuit brought by the Florida Attorney General's Office (the "Florida AG Office") against the firm’s client, education solutions provider McGraw Hill, LLC ("McGraw Hill"), in Florida's Second Judicial Circuit Court.
The lawsuit was brought in August 2025 following an investigation and subpoena process in which the Florida AG's Office alleged that McGraw Hill violated Florida’s “most favored nation” pricing statute. The Court ruled that Florida’s most favored nation statute did not regulate the sale of materials within Florida, requiring dismissal of the entirety of the Florida AG Office’s complaint with prejudice. The case was brought by the State of Florida against McGraw Hill and Savvas, another provider...
Event
Firm Partners to Speak at American Conference Institute's 2026 Biosimilars & Innovator Biologics Conference
On Tuesday, June 2 and Wednesday, June 3, 2026, Partners Jay Cho and Aron Fischer will speak at the American Conference Institute's 2026 Biosimilars & Innovator Biologics Conference, the premier forum for biosimilars strategy, innovation, and litigation trends.
On June 2 at 12:00pm, Mr. Cho will speak on a panel titled "The Evolving Parameters of the Safe Harbor Defense to Patent Infringement: Excluded Activities and the 'Reasonably Related' Standard." He will join Eric W. Dittmann (Partner, Paul Hastings), James T. Evans, Ph.D. (Senior Director, Assistant General Counsel, Global IP Litigation, Regeneron Pharmaceuticals, Inc.), and Henry Gu (SVP, Head of Intellectual Property, Zentalis Pharmaceuticals) for a discussion on critical elements of the Safe Harbor defense and recent case law.
On June 3 at 2:00pm, Mr....
Blog Post
Bankruptcy Court Denies Motions to Convert Case and to Appoint an Examiner
A bankruptcy judge has ruled that a debtor can satisfy the Bankruptcy Code’s rehabilitation standard by selling its assets as a going concern and thereby avoid conversion from chapter 11 to chapter 7. In the same decision, the court denied a motion seeking the appointment of what the movants called an “examiner with expanded powers.” In re Deqser, LLC, Case No. 25-10687, 2026 Bankr. LEXIS 1004 (Bankr. D. Del. Apr. 22, 2026).
The debtors operated a laundry business that serviced hotels located in New York City. The business suffered a downturn following an electrical fire at its facility as well as problems with its software. The debtors filed chapter 11 in early 2025.
During their case, the debtors lost about $200,000 a...
Firm News
Firm Achieves Significant Lanham Act Win for Johnson & Johnson
On April 17, 2026, Patterson Belknap secured a significant victory for our clients, Johnson & Johnson and Janssen Biotech, Inc. (“J&J”), when the U.S. District Court for the Southern District of New York denied a preliminary injunction in a Lanham Act suit filed by Bayer HealthCare LLC (“Bayer”).
The dispute concerned a retrospective scientific study sponsored by J&J that compared the real-world efficacy of both companies’ prostate cancer medications, concluding that J&J’s ERLEADA was associated with a reduction in overall risk of death approximately 50% greater than Bayer’s NUBEQA. Bayer alleged that the study was methodologically flawed, and that J&J’s publication of the study results therefore constituted “false advertising.” The statements at issue included a presentation given by the study authors at a medical...
Publication
Insider Trading Safeguards Can Mitigate Sports Betting Risk
From sports betting to prediction markets, the phenomenon some call "the casino-ification of America" has captured the American zeitgeist. Sports betting in particular has become ubiquitous since the U.S. Supreme Court's 2018 decision in Murphy v. NCAA, which opened the door for states to legalize sports gambling.
Fans can now regularly bet on games and player performances directly from their smartphones. And, as several recent criminal indictments have alleged, some bettors are capitalizing on their access to inside information to obtain an unfair advantage on their wagers.
This article will discuss how, because sports-related inside information continues to become more valuable, organizations including professional sports leagues, governing bodies, college athletic conferences, athletic departments and teams are playing an increasingly prominent role in...
Publication
Employment Law Compliance for Start-Ups
Before you press "go" to launch your next business idea, as a founder and entrepreneur of a start-up company you should address an important (if uninspiring) step: employment law compliance. Complacency now can turn into an expensive distraction later, with the potential to create surprise liabilities and maybe even scuttle future deals. This alert flags core employment law issues every start-up should tackle now so they don't snowball later.
Onboarding Compliance Checklist
Before work can begin, employers must check an ever-growing number of compliance boxes:
Register to Do Business: Register your company in each state where you have employees (e.g., the local departments of tax, labor, state, etc.).
Workers' Compensation and Unemployment Insurance: Obtain both in each state where you have employees.
New Hire Reporting:...
Blog Post
SEC Enforcement Results for FY 2025: “Unique Period of Transition”
The Securities and Exchange Commission issued a press release on April 7, 2026, announcing the agency’s enforcement results for transitional period under the new presidential administration.[1]
Describing FY 2025 as “a unique period of transition,” the statement pointed to a pulse of enforcement actions initiated between October and December 2024 [2] under outgoing SEC Chair Gary Gensler, critiquing the activity as “unprecedented rush” and the focus as an “aggressive pursuit of novel legal theories.”[3]. Current SEC Chair Paul S. Atkins described the shift as having “redirected resources toward the types of misconduct that inflict the greatest harm—particularly fraud, market manipulation, and abuses of trust.”[4]
During FY 2025, the SEC brought 303 standalone enforcement actions, a combination of civil suits and administrative procedures that...
