Legal History

Before Bakke: The Hidden History of the Diversity Rationale
Anthony S. Chen
Anthony S. Chen is Associate Professor of Sociology and Political Science at Northwestern University, where he is also a Faculty Fellow at the Institute for Policy Research. The author of The Fifth Freedom: Jobs, Politics, and Civil Rights in the United States, 1941–1972 (Princeton, 2009), he is interested in political sociology, historical sociology, and American political development, with a special emphasis on civil rights, social and economic policy, and business-government relations.
Lisa M. Stulberg
Lisa M. Stulberg is Associate Professor of Sociology of Education at New York University’s Steinhardt School of Culture, Education, and Human Development. The author of Race, Schools, and Hope: African Americans and School Choice after Brown (Teachers College Press, 2008) and the co-editor (with Sharon Lawner Weinberg) of Diversity in American Higher Education: Toward a More Comprehensive Approach (Routledge, 2011), she researches the politics of race and education, and LGBTQ+ social change.

Chen and Stulberg are completing a book on the history and development of race-conscious affirmative action in college admissions.

For all of the legal and political contention surrounding affirmative action, one facet of the discussion is characterized by a curious, if implicit, consensus that spans all manner of ideological and partisan divisions.

Book review
The Structure of Classical Public Law
Barry Cushman
James Monroe Distinguished Professor of Law, Professor of History, and F.D.G. Ribble Research Professor, University of Virginia

Thanks to Patty Cushman, Neil Duxbury, Fred Konefsky, Caleb Nelson, J. Henry Schlegel, and G. Edward White for helpful comments and conversation.

Book review
Reasonable Doubt and the History of the Criminal Trial
Thomas P. Gallanis
N. William Hines Professor of Law, University of Iowa

The research for and writing of this Review was done during my time as Julius E. Davis Professor of Law at the University of Minnesota and Mason Ladd Distinguished Visiting Professor of Law at the University of Iowa. It is a pleasure to thank the University of Minnesota Law School and Law Library and the University of Iowa College of Law and Law Library for excellent research support. It is also a pleasure to thank Daniel Klerman and Robert Levy for comments on a draft of this Review.

“Securing” the Nation: Law, Politics, and Organization at the Federal Security Agency, 1939–1953
Mariano-Florentino Cuéllar
Professor and Deane F. Johnson Faculty Scholar, Stanford Law School; Faculty Affiliate, Stanford Center for International Security and Cooperation

I appreciate helpful conversations with Daniel Carpenter, Michele Dauber, John Ferejohn, George Fisher, Rich Ford, Lawrence Friedman, David Golove, Jill Hasday, Daniel Ho, Don Hornstein, Lewis Kornhauser, David Luban, Eric Muller, Hari Osofsky, Robert Tsai, and Barry Weingast, as well as feedback from workshop participants at Berkeley, Iowa, Oregon, NYU, North Carolina, Southwestern, and Stanford’s Center for International Security and Cooperation. David Kennedy provided extremely helpful written comments on an earlier version of this Article. I also benefited greatly from the research assistance of Mindy Jeng, Shivan Saran, Britt Grant, Mrinal Menon, Connor Raso, Brad Hansen, and Jennifer Liu, as well as the staff of the Stanford Law School Library. I am also grateful to the staff at the National Archives in College Park, Maryland, the Franklin D. Roosevelt Presidential Library, and the Harry S. Truman Library. All of these people should be secure in the knowledge that they are not responsible for any errors or omissions. This is dedicated to Mateo, Ria, and Lucy.

The Captures Clause
Ingrid Wuerth
Professor of Law, Vanderbilt University Law School

For helpful comments, thanks to participants in faculty workshops at the University of Illinois College of Law and the University of Cincinnati College of Law, in a Vanderbilt Works-inProgress Lunch, in an International Legal Studies Roundtable on Foreign Affairs held at Vanderbilt University, and in a Foreign Relations Workshop held at Georgetown University Law Center. Thanks also to David Bederman, Brad Clark, Jacob Cogan, Larry Helfer, Eugene Kontorovich, Mike Ramsey, Larry Solum, Kevin Stack, and Carlos Vázquez. Carlee Hobbs, Christen Moore, and Katherine Poulus provided excellent research assistance.