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Originalism as Faith
Originalism as Faith presents a comprehensive history of the originalism debates. It shows how the doctrine is rarely used by the Supreme Court, but is employed by academics, pundits and judges to maintain the mistaken faith that the Court decides cases under the law instead of the Justices' personal values. Tracing the development of the doctrine from the founding to present day, Eric J. Segall shows how originalism is used by judges as a pretext for reaching politically desirable results. The book also presents an accurate description and evaluation of the late Justice Scalia's jurisprudence and shows how he failed to practice the originalism method that he preached. This illuminating work will be of interest to lawyers, law students, undergraduates studying the Court, law professors and anyone else interested in an honest discussion and evaluation of originalism as a theory of constitutional interpretation, a political weapon, and an article of faith.
Supreme Myths
This book explores some of the most glaring misunderstandings about the U.S. Supreme Court—and makes a strong case for why our Supreme Court Justices should not be entrusted with decisions that affect every American citizen. Supreme Myths: Why the Supreme Court is Not a Court and its Justices are Not Judges presents a detailed discussion of the Court's most important and controversial constitutional cases that demonstrates why it doesn't justify being labeled "a court of law." Eric Segall, professor of law at Georgia State University College of Law for two decades, explains why this third branch of the national government is an institution that makes important judgments about fundamental q...
How Rights Went Wrong
An eminent constitutional scholar reveals how our approach to rights is dividing America, and shows how we can build a better system of justice.
The Constitution
The definitive modern primer on the US Constitution, “an eloquent testament to the Constitution as a covenant across generations” (National Review). From freedom of speech to gun ownership, religious liberty to abortion, practically every aspect of American life is shaped by the Constitution. Yet most of us know surprisingly little about the Constitution itself. In The Constitution, legal scholars Michael Stokes Paulsen and Luke Paulsen offer a lively introduction to the supreme law of the United States. Beginning with the Constitution’s birth in 1787, Paulsen and Paulsen offer a grand tour of its provisions, principles, and interpretation, introducing readers to the characters and controversies that have shaped the Constitution in the 200-plus years since its creation. Along the way, the authors correct popular misconceptions about the Constitution and offer powerful insights into its true meaning. This lucid guide provides readers with the tools to think critically about constitutional issues — a skill that is ever more essential to the continued flourishing of American democracy.
How Judges Think
A distinguished and experienced appellate court judge, Richard A. Posner offers in this new book a unique and, to orthodox legal thinkers, a startling perspective on how judges and justices decide cases. When conventional legal materials enable judges to ascertain the true facts of a case and apply clear pre-existing legal rules to them, Posner argues, they do so straightforwardly; that is the domain of legalist reasoning. However, in non-routine cases, the conventional materials run out and judges are on their own, navigating uncharted seas with equipment consisting of experience, emotions, and often unconscious beliefs. In doing so, they take on a legislative role, though one that is confi...
The Invisible Constitution
As everyone knows, the United States Constitution is a tangible, visible document. Many see it in fact as a sacred text, holding no meaning other than that which is clearly visible on the page. Yet as renowned legal scholar Laurence Tribe shows, what is not written in the Constitution plays a key role in its interpretation. Indeed some of the most contentious Constitutional debates of our time hinge on the extent to which it can admit of divergent readings. In The Invisible Constitution, Tribe argues that there is an unseen constitution--impalpable but powerful--that accompanies the parchment version. It is the visible document's shadow, its dark matter: always there and possessing some of i...
Common Good Constitutionalism
The way that Americans understand their Constitution and wider legal tradition has been dominated in recent decades by two exhausted approaches: the originalism of conservatives and the “living constitutionalism” of progressives. Is it time to look for an alternative? Adrian Vermeule argues that the alternative has been there, buried in the American legal tradition, all along. He shows that US law was, from the founding, subsumed within the broad framework of the classical legal tradition, which conceives law as “a reasoned ordering to the common good.” In this view, law’s purpose is to promote the goods a flourishing political community requires: justice, peace, prosperity, and morality. He shows how this legacy has been lost, despite still being implicit within American public law, and convincingly argues for its recovery in the form of “common good constitutionalism.” This erudite and brilliantly original book is a vital intervention in America’s most significant contemporary legal debate while also being an enduring account of the true nature of law that will resonate for decades with scholars and students.
Unpacking Fake News
Since the 2016 presidential election, the term fake news has become part of the national discourse. Although some have appropriated the term for political purposes, actual fake news represents an inherent threat to American democracy given the ease through which it is consumed and shared via social media. This book is one of the first of its kind to address the implications of fake news for the K–12 classroom. It explores what fake news is, why students are susceptible to believing it, and how they can learn to identify it. Leading civic education scholars use a psychoanalytic lens to unpack why fake news is effective and to show educators how they can teach their students to be critical c...
Introduction to Education
Introduction to Education, Second Edition is written for students beginning their study in education. As the school population increasingly reflects the diversity of America's population, many prospective teachers, typically from the middle classes, will be unprepared for the diverse classrooms they will inevitably encounter. This text helps students prepare to be teachers in a pluralistic society whose classrooms represent an increasingly varied set of cultural histories and values. Introduction to Education, Second Edition identifies and examines key educational topics and issues: A history of Education that goes beyond the standard Puritan background and begins instead with indigenous Ame...
The (un)Written Constitution
With the appointment of Justices Gorsuch and Kavanaugh to the Supreme Court, jurists in the mold of Justice Scalia, textualism and originalism are more prominent then ever before. These justices insist that in interpreting the Constitution, they focus on text while other justices neglect the Constitution. In The (Un)Written Constitution, George Thomas reveals that textualists and originalists rely on unwritten understandings that shape their reading of the Constiution's text. Our most pressing debates over how to interpret the Constitution are debates about unwritten ideas, not the text. And these debates have been with us from the creation of the Constitution to the present.
