front cover of Landscape with Smokestacks
Landscape with Smokestacks
The Case of the Allegedly Plundered Degas
Howard J. Treinens
Northwestern University Press, 2000
The dispute over Edgar Degas’s Landscape with Smokestacks was featured in newspapers and on television. But because the suit was settled before trial, the story behind the headlines was never publicly presented. Howard J. Trienens, a lawyer for the defendant collector, traces the landscape’s travels from its prewar home to its current location in the Art Institute of Chicago, laying out the mystery surrounding the work and demonstrating the legal complexities that plague Holocaust restitution cases, yet are seldom examined in depth by the media.
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Last Gangster in Austin
Frank Smith, Ronnie Earle, and the End of a Junkyard Mafia
Jesse Sublett
University of Texas Press, 2021

Ronnie Earle was a Texas legend. During his three decades as the district attorney responsible for Austin and surrounding Travis County, he prosecuted corrupt corporate executives and state officials, including the notorious US congressman Tom DeLay. But Earle maintained that the biggest case of his career was the one involving Frank Hughey Smith, the ex-convict millionaire, alleged criminal mastermind, and Dixie Mafia figure.

With the help of corrupt local authorities, Smith spent the 1970s building a criminal empire in auto salvage and bail bonds. But there was one problem: a rival in the salvage business threatened his dominance. Smith hired arsonists to destroy the rival; when they botched the job, he sent three gunmen, but the robbery they planned was a bloody fiasco. Investigators were convinced that Smith was guilty, but many were skeptical that the newly elected and inexperienced Earle could get a conviction. Amid the courtroom drama and underworld plots the book describes, Willie Nelson makes a cameo. So do the private eyes, hired guns, and madams who kept Austin not only weird but also riddled with vice. An extraordinary true story, Last Gangster in Austin paints an unusual picture of the Texas capital as a place that was wild, wonderful, and as crooked as the dirt road to paradise.

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Literary Journalism on Trial
Masson v. New Yorker and the First Amendment
Kathy Roberts Forde
University of Massachusetts Press, 2008
In November 1984, Jeffrey Masson filed a libel suit against writer Janet Malcolm and the New Yorker, claiming that Malcolm had intentionally misquoted him in a profile she wrote for the magazine about his former career as a Freud scholar and administrator of the Freud archives. Over the next twelve years the case moved up and down the federal judicial ladder, at one point reaching the U.S. Supreme Court, as lawyers and judges wrestled with questions about the representation of "truth" in journalism and, by extension, the limits of First Amendment protections of free speech. Had a successful Freudian scholar actually called himself an "intellectual gigolo" and "the greatest analyst who ever lived"? Or had a respected writer for the New Yorker knowingly placed false, self-damning words in her subject's mouth? In Literary Journalism on Trial, Kathy Roberts Forde explores the implications of Masson v. New Yorker in the context of the history of American journalism. She shows how the case represents a watershed moment in a long debate between the advocates of traditional and literary journalism and explains how it reflects a significant intellectual project of the period: the postmodern critique of objectivity, with its insistence on the instability of language and rejection of unitary truth in human affairs. The case, Forde argues, helped widen the perceived divide between ideas of literary and traditional journalism and forced the resolution of these conflicting conceptions of truth in the constitutional arena of libel law. By embracing traditional journalism's emphasis on fact and objectivity and rejecting a broader understanding of truth, the Supreme Court turned away from the First Amendment theory articulated in previous rulings, opting to value less the free, uninhibited interchange of ideas necessary to democracy and more the "trustworthiness" of public expression. The Court's decision in this case thus had implications that reached beyond the legal realm to the values and norms expressed in the triangular relationship between American democracy, First Amendment principles, and the press.
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Lloyd Gaines and the Fight to End Segregation
James W. Endersby and William T. Horner
University of Missouri Press, 2016

Winner, 2017 Missouri Conference on History Book Award

In 1936, Lloyd Gaines’s application to the University of Missouri law school was denied based on his race. Gaines and the NAACP challenged the university’s decision. Missouri ex rel. Gaines v. Canada (1938) was the first in a long line of decisions by the U.S. Supreme Court regarding race, higher education, and equal opportunity. The court case drew national headlines, and the NAACP moved Gaines to Chicago after he received death threats. Before he could attend law school, he vanished.

This is the first book to focus entirely on the Gaines case and the vital role played by the NAACP and its lawyers—including Charles Houston, known as “the man who killed Jim Crow”—who advanced a concerted strategy to produce political change. Horner and Endersby also discuss the African American newspaper journalists and editors who mobilized popular support for the NAACP’s strategy. This book uncovers an important step toward the broad acceptance of racial segregation as inherently unequal.

This is the inaugural volume in the series Studies in Constitutional Democracy, edited by Justin Dyer and Jeffrey Pasley of the Kinder Institute on Constitutional Democracy.

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The Lost Cause
The Trials of Frank and Jesse James
James P. Muehlberger
Westholme Publishing, 2013
The True Story Behind the Legendary Outlaw Gang, a Civil War Vendetta, and the Forgotten Court Documents That Helped Seal Their Fate
On a dreary December 7, 1869, two strangers entered the Daviess County Savings and Loan in Gallatin, Missouri. One of the men asked the cashier for change and then unexpectedly raised a revolver and shot him at point-blank range. Until now, this crime has been considered the first of a string of bank and train robberies committed by Jesse James, his brother Frank, and other gang members. But a story has circulated for more than a century that the case was actually brought to trial by a young Missouri lawyer—and it was through this case that twenty-two-year-old Jesse was first identified as a criminal to the country. But until recently no evidence for such an action could be found. After years of painstaking searches through dusty court archives across Missouri, defense attorney James P. Muehlberger finally discovered the historic documents in 2007. These fascinating and important records reveal that the gunmen were forced to leave behind a magnificent thoroughbred that linked James to the murder and, more intriguing, that the attack was not a bank robbery at all, but a calculated assassination in retribution for a Civil War killing.
The Lost Cause: The Trials of Frank and Jesse James is a thoroughly researched, thrilling account of the rise, pursuit, and prosecution of the legendary outlaw gang. Beginning with the newfound evidence of the Gallatin bank teller murder, the author explains how Jesse James attempted to avenge the death of his Confederate partisan leader, “Bloody Bill” Anderson, but shot the wrong man. Having lost his thoroughbred, Jesse stole another horse. Newly minted lawyer Henry McDougal brashly sued Jesse and Frank James for the loss of property, which would hang the murder on their heads. While Jesse professed his innocence and remained at large, his case was taken up by John Newman Edwards, editor of the Kansas City Times. Through Edwards’s pen, the James brothers were transformed from petty criminals to noble outlaws still fighting for Southern honor—the “Lost Cause.” Not fooled by Edwards’s rhetoric and populist appeal, McDougal and others, including Pinkerton detectives and the governor of Missouri, led a behind-the-scenes fight to bring down the gang. As the author explains, they first prosecuted lesser gang members, and by infiltrating the group, the authorities slowly unraveled the gang, with Jesse being shot by a paid informant in 1882. Frank James gave himself up, and in what was called the “trial of the century,” he was exonerated on all charges and retired to become a notable horse racing official until his death in 1915. Combining true crime, western adventure, and the transformation of America into a modern nation, The Lost Cause is engaging, entertaining history.
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