The surprising story of how George Washington, Alexander Hamilton, John Adams, and Thomas Jefferson came to despair for the future of the nation they had createdAmericans seldom deify their Founding Fathers any longer, but they do still tend to venerate the Constitution and the …
"In Crafting Law on the Supreme Court, Forrest Maltzman, James Spriggs, and Paul Wahlbeck use material gleaned from internal memos circulated among justices on the Supreme Court to account systematically for the building of majority opinions. The authors argue that at the heart …
Papers presented at a seminar held at New Delhi during 19-20 September 2004.
Judge Posner surveys the history and theory of American electoral law and practice, analyzes which Presidential candidate "really" won the popular vote in Florida, surveys the litigation that ensued, evaluates the courts, the lawyers, and the commentators, and ends with a bluepr…
Judge Posner surveys the history and theory of American electoral law and practice, analyzes which Presidential candidate "really" won the popular vote in Florida, surveys the litigation that ensued, evaluates the courts, the lawyers, and the commentators, and ends with a bluepr…
"Unique among Western democracies in refusing to eradicate the death penalty, the United States has attempted instead to reform and rationalize state death penalty practices through federal constitutional law. Courting Death traces the unusual and distinctive history of top-down…
Justice Stevens, a Republican appointee of President Gerald Ford, had a professional reputation as a corporate antitrust law attorney, he immediately asserted himself as the Court's foremost advocate of prisoners' rights and Miranda rights when he arrived at the Court in 1975. I…
"Originalism holds that the U.S. Constitution should be interpreted according to its meaning at the time it was enacted. In their innovative defense of originalism, John McGinnis and Michael Rappaport maintain that the text of the Constitution should be adhered to by the Supreme…
Centering on the Cold War era from 1968 onward, this book weaves judicial biography and a historic methodology into its analysis of the intersection of American military, political, social, and cultural history and the operation of the nation's armed forces.
"John Marshall (1755-1835) was arguably the most important judicial figure in American history. As the fourth chief justice of the United States Supreme Court, serving during the formative years of the Republic from 1801 to 1835, he helped move the Court from the fringes of powe…
Business and the Roberts Court
Is the Roberts Court ""pro-business""? If so, what does this mean for the law and the American people? Business and the Roberts Court provides the first critical analysis of the Court's business-related jurisprudence, combining a series of empirical and doctrinal analyses of how…
This book comprehensively explores and critiques how the current U.S. Supreme Court, under the leadership of Chief Justice John Roberts, has reshaped First Amendment law. It argues that this Court has consistently used First Amendment law to promote a limited view of freedom, wh…
"This book comprehensively explores and critiques how the current U.S. Supreme Court, under the leadership of Chief Justice John Roberts, has reshaped First Amendment free speech law. The book argues that the Roberts Court's First Amendment decisions consistently conform to a ve…
Pamela S. Karlan is a unique figure in American law. A professor at Stanford Law School and former counsel for the NAACP, she has argued seven cases at the Supreme Court and worked on dozens more as a clerk for Justice Harry Blackmun. In her first book written for a general audi…
""Scorpions" tells the story of four great justices: their relationship with Roosevelt, with each other, and with the turbulent world of the Great Depression, World War II, and the Cold War. It also serves as a history of the modern Constitution itself, exploring the constitutio…
This book studies the U.S. Supreme Court and its current common law approach to judicial decision making from a national and transnational perspective. The Supreme Court's approach appears detached from and inconsistent with the underlying fundamental principles that ought to gu…