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Free Speech on Campus
Can free speech coexist with an inclusive campus environment? Hardly a week goes by without another controversy over free speech on college campuses. On one side, there are increased demands to censor hateful, disrespectful, and bullying expression and to ensure an inclusive and nondiscriminatory learning environment. On the other side are traditional free speech advocates who charge that recent demands for censorship coddle students and threaten free inquiry. In this clear and carefully reasoned book, a university chancellor and a law school dean—both constitutional scholars who teach a course in free speech to undergraduates—argue that campuses must provide supportive learning environments for an increasingly diverse student body but can never restrict the expression of ideas. This book provides the background necessary to understanding the importance of free speech on campus and offers clear prescriptions for what colleges can and can’t do when dealing with free speech controversies.
The Constitution Besieged
The Constitution Besieged offers a compelling reinterpretation of one of the most notorious periods in American constitutional history. In the decades following the Civil War, federal and state judges struck down as unconstitutional a great deal of innovative social and economic legislation. Scholars have traditionally viewed this as the work of a conservative judiciary more interested in promoting laissez-faire economics than in interpreting the Constitution. Howard Gillman challenges this scholarly orthodoxy by showing how these judges were in fact observing a long-standing constitutional prohibition against "class legislation." By reviewing unfamiliar state cases and legal commentary, and...
The Religion Clauses
"The relationship between the government and religion is deeply divisive. With the recent changes in the composition of the Supreme Court, the First Amendment law concerning religion is likely to change dramatically in the years ahead. The Court can be expected to reject the idea of a wall separating church and state and permit much more religious involvement in government and government support for religion. The Court is also likely to expand the rights of religious people to ignore legal obligations that others have to follow, such laws that require the provision of health care benefits to employees and prohibit businesses from discriminating against people because of their sexual orientat...
Supreme Court Decision-Making
What influences decisions of the U.S. Supreme Court? For decades social scientists focused on the ideology of individual justices. Supreme Court Decision Making moves beyond this focus by exploring how justices are influenced by the distinctive features of courts as institutions and their place in the political system. Drawing on interpretive-historical institutionalism as well as rational choice theory, a group of leading scholars consider such factors as the influence of jurisprudence, the unique characteristics of supreme courts, the dynamics of coalition building, and the effects of social movements. The volume's distinguished contributors and broad range make it essential reading for those interested either in the Supreme Court or the nature of institutional politics. Original essays contributed by Lawrence Baum, Paul Brace, Elizabeth Bussiere, Cornell Clayton, Sue Davis, Charles Epp, Lee Epstein, Howard Gillman, Melinda Gann Hall, Ronald Kahn, Jack Knight, Forrest Maltzman, David O'Brien, Jeffrey Segal, Charles Sheldon, James Spriggs II, and Paul Wahlbeck.
The Politics of Principle
Uses a single-country case study to enrich research on the role of constitutional courts in new democracies.
The Votes That Counted
The dramatic struggle over the outcome of the 2000 presidential election presented judges with an extraordinary political challenge, as well as a historic political temptation. In The Votes That Counted Howard Gillman offers a comprehensive yet critical assessment of how well courts coped with the competing expectations for impartial justice and favorable partisan results. Lively and authoritative, the book documents how the participants, the press, the academic community, and the public responded during these tension-filled thirty-six days. Gillman also provides a serious yet accessible overview of the legal strategies and debates-from briefs and oral arguments to final decisions. However, ...
American Constitutionalism: Introduction to rights and liberties
"In American Constitutionalism, Third Edition, renowned authors Howard Gillman, Mark A. Graber, and Keith E. Whittington offer an innovative approach to the two-semester Constitutional Law sequence (Volume 1 covers 'Institutions' and Volume II covers 'Rights and Liberties') that presents the material in a historical organization within each volume, as opposed to the typical issues-based organization. Looking at Supreme Court decisions historically provides an opportunity for instructors to teach - and students to reflect on - the political factions and climate of the day. The third edition has been updated through the 2020 SCOTUS session, and features upated cases, analysis, illustrations, and figures."--Back cover
The Supreme Court in American Politics
For decades political scientists studying the Court have adopted behavioral approaches and focused on the relatively narrow question of how the justices' policy preferences influence their voting behavior. This emphasis has illuminated important aspects of Supreme Court politics, but it has also left unaddressed many other important questions about this unique and fascinating institution. Drawing on "the new institutionalism" in the social sciences, the distinguished contributors to this volume attempt to fill this gap by exploring a variety of topics, including the Court's institutional development and its relationship to broader political contexts such as party regimes, electoral systems, ...
The Religion Clauses
In The Religion Clauses, Erwin Chemerinsky and Howard Gillman examine the extremely controversial issue of the relationship between religion and government. They argue for a separation of church and state. To the greatest extent possible, the government should remain secular. At the same, time they contend that religion should not provide a basis for an exemptions from general laws, such as those prohibiting discrimination or requiring the provision of services.
American Constitutionalism
"Constitutionalism in the United States is not determined solely by decisions made by the Supreme Court. Rather, a robust and meaningful understanding of American Constitutionalism requires a consideration of the historical and political context in which the Supreme Court delivers its rulings. With this premise as a point of departure, renowned legal scholars Howard Gillman, Mark A. Graber, and Keith E. Whittington move beyond traditional casebooks and take a refreshingly innovative approach to the study of Constitutional Law in American Constitutionalism Volumes I and II. Organized according to the standard two-semester Constitutional Law sequence, Volume I covers "Structures of Government"...
