The Docket

Nathaniel Fouch reviews Franco-Chasán, The Reception of Positivism in Spain: Pedro Dorado Montero

José Franco-Chasán, The Reception of Positivism in Spain: Pedro Dorado Montero (Springer, 2023). $159.99 (paperback). 226 pages. Victorian jurist Sir Henry Sumner Maine is purported to have said that “nobody cares about the criminal law except theorists and habitual criminals.” Probably even fewer people care about the intellectual history of criminal law—habitual criminals not being known...

Aaron-Andrew Bruhl–Judge Platt Potter: Politics and Principle in Interbranch Conflict

During the previous Congress, some commentators called on the Senate Judiciary Committee, then controlled by Democrats and chaired by Senator Dick Durbin of Illinois, to demand the testimony of Supreme Court Justices Clarence Thomas and Samuel Alito over allegations of ethical breaches, securing their presence by subpoena if necessary.[1] The Committee did not subpoena the...

An interview with Jürgen Dinkel

Editor’s Note: Jürgen Dinkel’s article, “‘The Rich Uncle from America’: Transnational Inheritance Transfers between the United States, Germany, and Russia, 1840s–1980s,” appeared in Law and History Review 43, no. 3 (August 2025). Dr. Dinkel’s second book, All Remains in the Family: Inheritance and Property in Germany, Russia, and the United States since the 19th Century...

Marvin L. Simner: An Erroneous Interpretation by the United States Supreme Court in 2008 of the Historical Evidence Underlying the Second Amendment

In 2008 the Supreme Court ruled that the term “bear arms,” in the Second Amendment, did not refer only to the carrying of arms in an organized militia but to “the right of a citizen to bear arms in defense of himself and the state.”  Among the many arguments posed by the Court in reaching...