Constitutional Law

A vast censorship regime has smothered America's digital marketplace of ideas, squelching free speech on vital policy issues. Its supporters regard its benefits as morally and politically beyond question. They contend it's carried out by private social media platforms, not governmental authorities. In Free Speech and Turbulent Freedom, Michael J. Glennon offers a timely and incisive response. The censors are short-sighted, he argues.

Challenging familiar understandings of race, rights, and American law, Is Racial Equality Unconstitutional? explores how current equal-protection law renders the pursuit of racial equality constitutionally suspect.

Combining wisdom drawn from over a dozen years as a public defender and cutting-edge research in the fields of organizational and cultural psychology, Jonathan Rapping proposes a radical cultural shift to a “fiercely client-based ethos” driven by values-based recruitment training, awakening defenders to their role in upholding an unjust status quo, and a renewed pride in the essential role of moral lawyering in a democratic society.

As with any specialized field, the language and terminology used in the legal profession can be complex and specific. Without a solid grasp of legal terminology, it can be difficult for law students to understand the material they are studying, communicate effectively with their professors and classmates, and ultimately practice law with confidence.

The Supreme Court's decisions on constitutional rights are well known and much talked about. But individuals who want to defend those rights need something else as well: access to courts that can rule on their complaints. And on matters of access, the Court's record over the past generation has been almost uniformly hostile to the enforcement of individual citizens' constitutional rights.

Though the Constitution was ratified in 1788, its impact on our lives is as recent as today's news. Informed by the latest scholarship and exploring the major themes that have shaped American constitutional history: federalism, the balance of powers, property, representation, equality, rights, and security, this book places constitutional history within the context of American political and social history. As our nation's circumstances have changed, so has our Constitution.

Plessy v. Ferguson, the Supreme Court case synonymous with "separate but equal", created remarkably little stir when the justices announced their near-unanimous decision on May 18, 1896. Yet it is one of the most compelling and dramatic stories of the 19th century, whose outcome embraced and protected segregation, and whose reverberations are still felt into the 21st. Separate spans a striking range of characters and landscapes, bound together by the defining issue of their time and ours - race and equality.

Equality is easy to grasp in theory but often hard to achieve in reality. In this accessible and wide-ranging work, American University law professor Robert L. Tsai offers a stirring account of how legal ideas that aren't necessarily about equality at all - ensuring fair play, behaving reasonably, avoiding cruelty, and protecting free speech - have often been used to overcome resistance to justice and remain vital today.

In the past few years, liberals concerned about the prospect of long-term conservative dominance of the federal courts have revived an idea that crashed and burned in the 1930s: court packing. Today's court packing advocates have run into a wall of opposition, with most citing the 1930s episode as one FDR's greatest failures. In early 1937, Roosevelt—fresh off a landslide victory—stunned the country when he proposed a plan to expand the size of the court by up to six justices.

In The Court v. The Voters, law professor Josh Douglas takes us behind the scenes of significant cases in voting rights—some surprising and unknown and some familiar—to investigate the historic crossroads that have changed our elections, and therefore the nation, irrevocably. In crisp and accessible prose, Douglas tells the story of each case, sheds light on the intractable election problems we face as a result, and highlights the unique role the highest court has played in shaping not only our elections but the very essence of the right to vote.

Originalism, the view that the meaning of a constitutional provision is fixed when it is adopted, was once the fringe theory of a few extremely conservative legal scholars but is now a well-accepted mode of constitutional interpretation. Noted legal scholar Erwin Chemerinsky gives a comprehensive analysis of the problems that make originalism unworkable as a method of constitutional interpretation. He argues that the framers themselves never intended constitutional interpretation to be inflexible and shows how it is often impossible to know the "original intent" of any provision.

Judicial decisions assessing the constitutional rights of students in the nation’s public schools have consistently generated bitter controversy. The Schoolhouse Gate gives a fresh, lucid, and provocative account of the historic legal battles waged over education and illuminates contemporary disputes that continue to fracture the nation.

This concise, accessible text provides students with a history of American constitutional development in the context of political, economic, and social change. Constitutional historian Michael Benedict stresses the role that the American people have played over time in defining the powers of government and the rights of individuals and minorities. He covers important trends and events in US constitutional history, encompassing key Supreme Court and lower-court cases.

Since America's founding, the US Supreme Court had issued a vast number of decisions on a staggeringly wide variety of subjects. And hundreds of judges have occupied the bench. Yet as Cass R. Sunstein, the eminent legal scholar and best-selling co-author of Nudge, points out, almost every one of the Justices fits into a very small number of types regardless of ideology: the hero, the soldier, the minimalist, and the mute.

With this volume, Roe v. Dobbs: The Past, Present and Future of a Constitutional Right of Abortion, we confront the remarkable beginning and end-once again, after a half-century-of the landmark Supreme Court decision in Roe v. Wade, shockingly overruled by the Court in Dobbs v. Jackson Women's Health Organization. The goal of this book is to bring together some of our nation's experts to share their views on whether there should be a constitutional right to abortion, and what the consequences of Dobbs might be.

Activists from Henry David Thoreau and Mohandas Gandhi to the Movement for Black Lives have long recognized that there are times when, rather than having a duty to obey the law, we have a duty to disobey it. Taking seriously the history of this activism, A Duty to Resist wrestles with the problem of political obligation in real world societies that harbor injustice. Candice Delmas argues that the duty of justice, the principle of fairness, the Samaritan duty, and political association impose responsibility to resist under conditions of injustice.

During his 28-year career, Matthew Horace rose through the ranks from a police officer working the beat to a federal agent working criminal cases in some of the toughest communities in America to a highly decorated federal law enforcement executive managing high-profile investigations nationwide. Yet it was not until seven years into his service - when Horace found himself face down on the ground with a gun pointed at his head by a white fellow officer - that he fully understood the racism seething within America's police departments.

This book explores the powers, activities, and accountability of MI5 from the end of the Second World War to 1964. It argues that MI5 acted with neither statutory authority nor statutory powers, and with no obvious forms of statutory accountability. It was established as a counter-espionage agency, yet was beset by espionage scandals on a frequency that suggested if not high levels of incompetence, then high levels of distraction and the squandering of resources.

For the first time, a collection of dissents from the most famous Supreme Court cases. Lively and accessible, I Dissent offers a radically fresh view of the judiciary in a collection that is essential listening for anyone interested in American history.

Instead of the system that the Constitution intended, judges have created a system in which bureaucrats and appointed officials make most of the important policies. While the government claims to be a representative republic, somehow hot-button topics from gay marriage to the allocation of Florida's presidential electors always seem to be decided by unelected judges. What gives them the right to decide such issues? The judges say it's the Constitution.