Law Theory

The life of John Marshall, founding father and America's premier chief justice. In 1801, a genial and brilliant Revolutionary War veteran and politician became the fourth chief justice of the US. He would hold the post for 34 years (still a record), expounding the Constitution he loved. Before he joined the Court, it was the weakling of the federal government, lacking in dignity and clout. After he died, it could never be ignored again.

The Electoral College that governs America has been with us since 1804, when Thomas Jefferson's supporters redesigned it for his re-election. The Jeffersonians were motivated by the principle of majority rule. Gone were the days when a president would be elected by acclamation, as George Washington had been. Instead, given the emergence of intense two-party competition, the Jeffersonians wanted to make sure that the Electoral College awarded the presidency to the candidate of the majority, rather than minority, party.

When Richard Nixon campaigned for the presidency in 1968, he promised to change the Supreme Court. With four appointments to the court, including Warren E. Burger as the chief justice, he did just that. In 1969 the Burger Court succeeded the famously liberal Warren Court, which had significantly expanded civil liberties and was despised by conservatives across the country.

The U.S. Supreme Court has eliminated the right to abortion and is revisiting other fundamental questions today—about voting rights, affirmative action, gun laws, and much more. Once-arcane theories of constitutional interpretation are profoundly affecting the lives of all Americans. In this brief and urgent book, Harvard Law School professor Cass Sunstein provides a lively introduction to competing approaches to interpreting the Constitution—and argues that the only way to choose one is to ask whether it would change American life for the better or worse.

It’s evident that policing is a problem. But what is the way best forward? In Beyond Policing, distinguished scholar and writer Philip V. McHarris reimagines the world without police to find answers and reveal how we can make police departments obsolete. Beyond Policing tackles thorny issues with evidence, including data and personal stories, to uncover the weight of policing on people and communities and the patterns that prove police reform only leads to more policing.

This audiobook narrated by Jennifer Woodward explains why acknowledging diverse eco-social relationships can help us overcome the political polarization that undermines our ability to protect the environment.

From the late 19th century through the 1930s, scholars of politics defined and continually reoriented their field in response to the political imperatives of the racial order at home and abroad as well to as the vagaries of race science. The Gilded Age scholars who founded the first university departments and journals located sovereignty and legitimacy in a "Teutonic germ" of liberty planted in the new world by Anglo-Saxon settlers and almost extinguished in the conflict over slavery.

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.

With the gravitas of Joan Biskupic and the irreverence of Elie Mystal, Leah Litman brings her signature wit to the question of what’s gone wrong at One First Street. In Lawless, she argues that the Supreme Court is no longer practicing law; it’s running on vibes. By “vibes,” Litman means legal-ish claims that repackage the politics of conservative grievance and dress them up in robes. Major decisions adopt the language and posture of the law, while in fact displaying a commitment to protecting a single minority: the religious conservatives and Republican officials.

America's criminal justice system is among the deadliest and most racist in the world and it disproportionally targets Black Americans, who are also disproportionately poor, hungry, houseless, jobless, sick, and poorly educated. By every metric of misery, this nation does not act like Black Lives Matter. In order to break out of the trap of racialized mass incarceration and relentless racial oppression, we, as a society, need to rethink our basic assumptions about blame and punishment.

An examination of the initial years of the Roberts Court and the intellectual battle between Roberts and Kagan for leadership. When John Roberts was appointed chief justice of the Supreme Court, he said he would act as an umpire. Instead, his Court is reshaping legal precedent through decisions unmistakably - though not always predictably - determined by politics as much as by law, on a Court almost perfectly politically divided.

What is the real story behind the Illuminati? Where does it start? How did it end? And, most importantly, did it end at all? Is this elusive group still having meetings to this day, planning and scheming behind everyone's backs? The Illuminati is a cult you've definitely heard of before. Not because of their heavy influence or the power they had over history, but due to something that's much harder to understand and comprehend.

In this profoundly important reassessment of constitutional interpretation, the eminent legal philosopher Hadley Arkes argues that "originalism" alone is an inadequate answer to the judicial activism of the left. Without recourse to "mere Natural Law"—the moral principles knowable by all—our legal and constitutional system is doomed to incoherence. Brilliant in its analysis, essential in its argument, Mere Natural Law is a must-listen for everyone who cares about the Constitution, morality, and the rule of law.

"Artificial Ascendancy: The New York Times's Losing Battle Against AI" emerges as a groundbreaking exploration of the intricate and evolving intersection between artificial intelligence and copyright law. This essential guide delves into the complex legal landscape shaped by the rapid advancement of AI technologies, offering listeners an insightful and comprehensive understanding of how these technological strides are reshaping the principles of copyright law.

This is a collection of two important economic audiobooks: Economics in Three Lessons and One Hundred Economic Laws.

Buying the Vote analyzes the rise and decline of campaign finance reform by tracking the evolution of both the ways in which presidential campaigns have been funded since the late nineteenth century. Through close examinations of major Supreme Court decisions, Mutch shows how the Court has fashioned a new and profoundly inegalitarian definition of American democracy.

A tour de force of groundbreaking reportage by Pulitzer Prize-winning journalist Jo Becker, Forcing the Spring follows the historic legal challenge mounted against California’s ban on same-sex marriage, a remarkable lawsuit that forced the issue of marriage equality before the highest court in the land. For nearly five years Becker embedded with the lawsuit’s plaintiffs, was given free rein within the legal and political war rooms where strategy was plotted, and attended every day of the trial and every appellate argument.

In this sweepingly ambitious volume, the nation's foremost experts on the American presidency and the US Constitution join together to tell the intertwined stories of how each American president has confronted and shaped the Constitution. Each occupant of the office - the first president to the 44th - has contributed to the story of the Constitution through the decisions he made and the actions he took as the nation's chief executive.

The clashes between President Abraham Lincoln and Chief Justice Roger B. Taney over slavery, secession, and Lincoln's constitutional war powers went to the heart of Lincoln's presidency. Lincoln and Taney's bitter disagreements began with Taney's Dred Scott opinion in 1857, when the chief justice declared that the Constitution did not grant the black man any rights that the white man was bound to honor.

A stunning revision of our founding document’s evolving history that forces us to confront anew the question that animated the founders so long ago: What is our Constitution? Americans widely believe that the United States Constitution was created when it was drafted in 1787 and ratified in 1788. But in a shrewd rereading of the founding era, Jonathan Gienapp upends this long-held assumption, recovering the unknown story of American constitutional creation in the decade after its adoption.