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
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
Law360 Spotlights Firm’s Litigation Department
Joshua Goldberg, Partner and Chair of the firm’s Litigation Department, was profiled by Law360 on the hallmarks of the department, including its trial-ready mindset and commitment to zealous advocacy. The feature also highlights the firm’s single-office operation as a key strength, along with its unique clerkship hiring model, focus on talent development, strategic lateral recruiting, and diverse litigation practice offerings.
The profile is featured in Law360’s Litigation Daily and New York Pulse.
To read the full profile, please click here.
Publication
The Billion-Dollar Interview: How the Wrong Hiring Process Can Create Personal Liability for Founders
The right talent can make or break a startup, and effective founders build recruiting processes to land exceptional people. But a process built to win talent can, if run the wrong way, expose a founder to personal liability to the competitor they are hiring from. A recent lawsuit by Apple shows how.
Tang Tan spent 24 years at Apple, rising to vice president of product design for the iPhone and Apple Watch. After co-founding startup io Products and selling the company to OpenAI, he was tasked with building OpenAI’s hardware team. He turned to the engineers he knew best: Apple’s.
Tan’s interviews were hands-on. Candidates explained their contributions and engineering decisions and brought physical components from Apple to illustrate their work at...
Blog Post
Can Subchapter V’s Increased Debt Limit Save In-Court Business Reorganizations?
Chapter 11 is intended to enable businesses to reorganize while continuing normal operations under the control of existing management. The primary goal of chapter 11 is for companies to reorganize rather than liquidate to the benefit of owners, employees, suppliers, customers and others relying on the businesses’ ongoing survival.
But the process has become expensive.
Some would-be chapter 11 debtors opt out of the court process altogether, instead seeking out-of-court options, including consensual debt restructurings and liability management exercises (or “LMEs”). These debtors seek to renegotiate their debts to make shifts within their capital structure without the expense of a bankruptcy filing.
When companies do file chapter 11, they often do so with prepackaged or pre-negotiated plans of reorganization, which...
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...
Firm News
Firm Lawyers Honored for Pro Bono Work by New York County Lawyers Association
On Tuesday, October 20, 2026, the New York County Lawyers Association (NYCLA) recognized three firm attorneys for achievements in connection with their pro bono work.
Shelley Attadgie was recognized for her work related to the State Central Registry (SCR) Project. Ms. Attadgie represented a client in connection with a petition to amend and seal a report entered against them in the SCR by the Administration for Children's Services. Ms. Attadgie prepared the client for his hearing testimony before an Administrative Law Judge, drafted and collected supporting evidence, cross-examined the Agency’s witness, and assisted the client with his direct testimony. Following the two-day hearing, the finding of maltreatment was amended to unfounded and sealed, removing a significant barrier that had impacted the client...
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...
Event
Andrew Haddad to Speak on American Bar Association Webinar
On Thursday, November 12, Counsel Andrew Haddad will speak on an American Bar Association webinar titled "United Against Fakes: The Counterfeit Drug Problem." Mr. Haddad will join Laura Manschreck (Partner, Morgan Lewis & Bockius LLP) and Erin McDermott (Principal, Charles River Associates) to explore the rise of counterfeit life sciences products and its impact on manufacturers and discuss the latest enforcement and litigation trends.
To learn more, please click here.
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...
Firm News
Firm Attorneys Honored for Pro Bono Work by Sanctuary for Families
On Wednesday, October 28, 2026, Partner Lauren Schorr Potter and Associates Folasade Famakinwa, Jillian Horowitz, and Tiffany Li were honored by Sanctuary for Families with the 2026 Above & Beyond Pro Bono Achievement Award for achievements in connection with their pro bono work.
Ms. Potter, Ms. Famakinwa, and Ms. Li were recognized for their work successfully representing a survivor of sexual abuse as a victim witness in a high-profile federal criminal trial that received significant public attention. The team guided the client through an intense period of preparation, including numerous meetings and testimony preparation, coordination with the U.S. Attorney’s Office, and support on trial days. Sanctuary for Families celebrated “not only the team’s legal advocacy, but also the extraordinary care, commitment,...
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
Law360 Spotlights Firm’s Litigation Department
Joshua Goldberg, Partner and Chair of the firm’s Litigation Department, was profiled by Law360 on the hallmarks of the department, including its trial-ready mindset and commitment to zealous advocacy. The feature also highlights the firm’s single-office operation as a key strength, along with its unique clerkship hiring model, focus on talent development, strategic lateral recruiting, and diverse litigation practice offerings.
The profile is featured in Law360’s Litigation Daily and New York Pulse.
To read the full profile, please click here.
Publication
The Billion-Dollar Interview: How the Wrong Hiring Process Can Create Personal Liability for Founders
The right talent can make or break a startup, and effective founders build recruiting processes to land exceptional people. But a process built to win talent can, if run the wrong way, expose a founder to personal liability to the competitor they are hiring from. A recent lawsuit by Apple shows how.
Tang Tan spent 24 years at Apple, rising to vice president of product design for the iPhone and Apple Watch. After co-founding startup io Products and selling the company to OpenAI, he was tasked with building OpenAI’s hardware team. He turned to the engineers he knew best: Apple’s.
Tan’s interviews were hands-on. Candidates explained their contributions and engineering decisions and brought physical components from Apple to illustrate their work at...
Blog Post
Can Subchapter V’s Increased Debt Limit Save In-Court Business Reorganizations?
Chapter 11 is intended to enable businesses to reorganize while continuing normal operations under the control of existing management. The primary goal of chapter 11 is for companies to reorganize rather than liquidate to the benefit of owners, employees, suppliers, customers and others relying on the businesses’ ongoing survival.
But the process has become expensive.
Some would-be chapter 11 debtors opt out of the court process altogether, instead seeking out-of-court options, including consensual debt restructurings and liability management exercises (or “LMEs”). These debtors seek to renegotiate their debts to make shifts within their capital structure without the expense of a bankruptcy filing.
When companies do file chapter 11, they often do so with prepackaged or pre-negotiated plans of reorganization, which...
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...
Firm News
Firm Lawyers Honored for Pro Bono Work by New York County Lawyers Association
On Tuesday, October 20, 2026, the New York County Lawyers Association (NYCLA) recognized three firm attorneys for achievements in connection with their pro bono work.
Shelley Attadgie was recognized for her work related to the State Central Registry (SCR) Project. Ms. Attadgie represented a client in connection with a petition to amend and seal a report entered against them in the SCR by the Administration for Children's Services. Ms. Attadgie prepared the client for his hearing testimony before an Administrative Law Judge, drafted and collected supporting evidence, cross-examined the Agency’s witness, and assisted the client with his direct testimony. Following the two-day hearing, the finding of maltreatment was amended to unfounded and sealed, removing a significant barrier that had impacted the client...
