My favorite books to understand the role that states have played in shaping American law and legal history

This book is essential reading for anyone who wants to fully understand the century-long struggle after the Civil War to end legally-sanctioned discrimination against Black Americans. Prof. Klarman provides a richly detailed account of that century-long struggle, an account that describes the legal battles that took place in individual states and puts them in the context of the larger national debate. The book requires some effort on the reader's part, but the story that Klarman tells of the U.S. Supreme Court's gradual turn against segregation and its clashes with Southern state lawmakers and courts is ultimately a deeply moving one. 

The South is endlessly fascinating to history fans, and Prof. Huebner gives us short, thought-provoking biographies of six important Southern state judges. He recounts the contributions that each judge made to American law – for example, Virginia chief justice Spencer Roane's ultimately futile effort to persuade Americans that state courts could interpret the federal Constitution for themselves, independent of federal authority; Tennessee Justice John Catron's efforts to embed Jacksonian principles in American law; and North Carolina chief justice Thomas Ruffin's clear-eyed assessment of the inherent conflict between slaveowners' views of slaves as human beings and as tools for maximizing agricultural production and profit. Huebner skillfully combines fascinating personal stories with sharp insights into each judge's legal legacy. 

In 1882, only a few years after it enacted a series of landmark civil rights laws, Congress passed an Exclusion Act slamming the door on Chinese immigration. Why the dramatic turnaround? A powerful anti-Chinese movement, driven by racism and fear of economic competition, had taken hold among whites in the West and had produced a wave of anti-Asian state laws. Americans east of the Rockies didn't share Western sentiments, but eventually Eastern politicians yielded in order to attract Western votes. Gyory gives us an absorbing picture of the exclusion movement, of Western anti-Chinese leaders, and of the Easterners who went along with them. His book is a stark reminder that good people's indifference can contribute to the triumph of evil.

Although he is virtually unknown today, New York chancellor James Kent ranks as one of America's greatest state judges. Kent was an old-time Federalist, a believer in government by gentlemen. During his lifetime his views steadily lost ground to Jeffersonian and Jacksonian democracy, but he made a permanent imprint on American law. Among other things, he authored the first general treatise on American law and arranged for national circulation of New York judicial decisions, thus giving his state an outsize role in shaping American law, and he helped preserve the central place of federal authority and protection of private property in the law. Kent deserves a modern biography, but until one is written, readers interested in New York history and legal history will find John Horton's older 1939 biography a lively and easy-to-read book, well worth their time.

Jefferson's Louisiana is an absorbing study of a clash of cultures that helped to shape America's legal empire as it moved westward. Louisiana, governed by Spain and France under civil law codes for nearly a century before it became part of the United States, was a crossroads at which English law (dominant elsewhere in the new nation) and European law collided. Prof. Dargo first describes the uneasy cultural accommodation that French and Spanish settlers made with American immigrants at the turn of the nineteenth century, an accommodation made more challenging by Aaron Burr's simultaneous efforts to foment revolution in the trans-Appalachian West. Dargo then tells the story of how American and old-settler jurists collaborated to shape a new Louisiana code amalgamating common and civil law.