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Law's History
This is a study of the central role of history in late-nineteenth century American legal thought. In the decades following the Civil War, the founding generation of professional legal scholars in the United States drew from the evolutionary social thought that pervaded Western intellectual life on both sides of the Atlantic. Their historical analysis of law as an inductive science rejected deductive theories and supported moderate legal reform, conclusions that challenge conventional accounts of legal formalism Unprecedented in its coverage and its innovative conclusions about major American legal thinkers from the Civil War to the present, the book combines transatlantic intellectual history, legal history, the history of legal thought, historiography, jurisprudence, constitutional theory, and the history of higher education.
Free Speech in Its Forgotten Years, 1870-1920
Most American historians and legal scholars incorrectly assume that controversies and litigation about free speech began abruptly during World War I. However, there was substantial debate about free speech issues between the Civil War and World War I. Important free speech controversies, often involving the activities of sex reformers and labor unions, preceded the Espionage Act of 1917. Scores of legal cases presented free speech issues to Justices Holmes and Brandeis. A significant organization, the Free Speech League, became a principled defender of free expression two decades before the establishment of the ACLU in 1920. World War I produced a major transformation in American liberalism. Progressives who had viewed constitutional rights as barriers to needed social reforms came to appreciate the value of political dissent during its wartime repression. They subsequently misrepresented the prewar judicial hostility to free speech claims and obscured prior libertarian defenses of free speech based on commitments to individual autonomy.
Freedom and Tenure in the Academy
Van Alstyne presents an "unhurried" historical review of the extent to which academic freedom has been accepted into domestic constitutional law. Two essays deal with the issue of tenure and academic freedom. Ralph S. Brown and Jordan E. Kurland agree that tenure reinforces academic freedom but wonder if there is not a large price to be paid for such a system. In a highly instructive review Matthew Finkin looks at academic tenure and freedom in the light of labor law. Focusing on freedom of artistic expression, Robert O'Neil raises difficult questions about what kinds of art displays taxpayers can be expected to tolerate in the colleges and universities they support. Rodney A. Smolla looks at the ways in which "hate" speech and offensive expression on campuses engage wide First Amendment jurisprudence. Judith Jarvis Thomson examines the vexed issue of selecting - and valuing - individual faculty members or disciplines with regard to ideology. Michael W.
What is Wrong with the First Amendment?
This book argues that America's relationship with the First Amendment jeopardizes privacy, equality, fair trials and democracy.
Making Legal History
Drawing together leading legal historians from a range of jurisdictions and cultures, this collection of essays addresses the fundamental methodological underpinning of legal history research. Via a broad chronological span and a wide range of topics, the contributors explore the approaches, methods and sources that together form the basis of their research and shed light on the complexities of researching into the history of the law. By exploring the challenges posed by visual, unwritten and quasi-legal sources, the difficulties posed by traditional archival material and the novelty of exploring the development of legal culture and comparative perspectives, the book reveals the richness and dynamism of legal history research.
The Taming of Free Speech
In the early decades of the twentieth century, business leaders condemned civil liberties as masks for subversive activity, while labor sympathizers denounced the courts as shills for industrial interests. But by the Second World War, prominent figures in both camps celebrated the judiciary for protecting freedom of speech. In this strikingly original history, Laura Weinrib illustrates how a surprising coalition of lawyers and activists made judicial enforcement of the Bill of Rights a defining feature of American democracy. The Taming of Free Speech traces our understanding of civil liberties to conflict between 1910 and 1940 over workers’ right to strike. As self-proclaimed partisans in ...
Academic Freedom at the Dawn of a New Century
This is a provocative examination of the current state of academic freedom in the United States and around the world.
Academic Freedom
“The best kind of scholarship—deeply researched and immensely useful. Wherever you stand on issues of free speech and academic freedom, you will learn from this book.” —Michael Roth, President of Wesleyan University and author of Safe Enough Spaces A definitive interpretation of academic freedom as a First Amendment right, drawing on a comprehensive survey of legal cases. Is academic freedom a First Amendment right? Many think so, yet its relationship to free speech as guaranteed by the Constitution is anything but straightforward. David Rabban examines the extensive case law addressing academic freedom and free speech at American universities, developing a robust theory of academic ...
Tort Law and Human Rights
This is a completely revised and expanded second edition, building on the first edition with two principal aims: to elucidate the role that domestic tort principles play in securing to citizens the human rights standards laid down in the European Convention on Human Rights, including the new 'remedy' under the Human Rights Act 1998; and to evaluate tort principles for compliance with those standards. The first edition was written when the Human Rights Act 1998 was newly enacted and many questions existed as to its potential impact on tort law. Answers to many of the questions, which were raised at that time, are only now emerging. Therefore, the text has been updated to reflect these develop...
New Challenges to Constitutional Adjudication in Europe
In the past few years, constitutional courts have been presented with new challenges. The world financial crisis, the new wave of terrorism, mass migration and other country-specific problems have had wide-ranging effects on the old and embedded constitutional standards and judicial constructions. This book examines how, if at all, these unprecedented social, economic and political problems have affected constitutional review in Europe. As the courts’ response must conform with EU law and in some cases international law, analysis extends to the related jurisprudence of the European Court of Justice and the European Court of Human Rights. The collection adopts a common analytical structure ...
