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The Law of Freedom
The Supreme Court has been at the center of great upheavals in American democracy across the last seventy years. From the end of Jim Crow to the rise of wealth-dominated national campaigns, the Court has battled over if democracy is an egalitarian collaboration to serve the good of all citizens, or a competitive struggle by private interests. In The Law of Freedom, Jacob Eisler questions why the Court has the moral authority to shape democracy at all. Analyzing leading cases through the lens of philosophy and social science, Eisler demonstrates how the soul of election law is a battle between two philosophical understandings of democratic freedom and popular self-rule. This remarkable book reveals that the Court's battle over democracy has shaped how Americans rule themselves, marking election law as the most dramatic judicial intervention in constitutional history.
Election Law
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A Liberal Theory of Property
Property law should expand opportunities for individual and collective self-determination and restrict options of interpersonal domination.
Politics and Capital
Using both theoretical methods and practical political analysis, this book shows how recent Supreme Court decisions and campaign finance regulations map onto a pernicious and growing inequality in America. John Attanasio puts forward a novel solution grounded in a new principle of personal autonomy. The solution Attanasio proposes is the principle of "distributive autonomy," sharply contrasting it with the individualism of modern libertarian ideas, which have given rise to the radical inequality that reduces, rather than enhances, autonomy. A profound synthesis of theory and practice, Politics and Capital is crucial to understanding the ominous political and economic problems besetting twenty-first century America.
The Evolution of the Human Head
Exhaustively researched and years in the making, this innovative book documents how the many components of the head function, how they evolved since we diverged from the apes, and how they interact in diverse ways both functionally and developmentally, causing them to be highly integrated. This integration not only permits the head's many units to accommodate each other as they grow and work, but also facilitates evolutionary change. Lieberman shows how, when, and why the major transformations evident in the evolution of the human head occurred. The special way the head is integrated, Lieberman argues, made it possible for a few developmental shifts to have had widespread effects on craniofacial growth, yet still permit the head to function exquisitely. --
The Oxford Handbook of American Election Law
Election law plays a critical role in regulating the political arena at a time when Americans are witnessing unprecedented levels of polarization. The Oxford Handbook of American Election Law provides a comprehensive overview of the field, a survey of core themes, and summaries of the most pressing debates. Bringing together 47 leading scholars of election law, the Handbook offers readers a clearly written guide to aid navigation through this complex area, tackling controversial issues and situating them within the field's ongoing scholarly dialogue. Unparalleled in the breadth and depth of its coverage, The Oxford Handbook of American Election Law is an invaluable resource for scholars, students, policymakers, and practitioners.
Harvard Law Review: Volume 125, Number 8 - June 2012
The June 2012 issue features the Harvard Law Review's annual and extensive DEVELOPMENTS IN THE LAW section; this year's subject is Presidential Authority. The issue also includes an article by Nicholas Stephanopoulos, "Spatial Diversity," and a Book Review by Michael Dorf, "The Undead Constitution," which explores originalism and constitutional interpretation in light of recent books by David Strauss and Jack Balkin. The issue begins with a series of In Memoriam contributions celebrating Bernard Wolfman. In its Developments survey on executive authority, the authors analyze the subjects of: * The President’s Role in the Legislative Process * Presidential Power and the Office of Legal Couns...
Yale Law Journal: Volume 121, Number 7 - May 2012
This issue of The Yale Law Journal (the 7th issue of Volume 121, academic year 2011-2012) features articles and essays by several notable scholars. Principal contributors include Richard Re and Christopher Re, Nathan Chapman and Michael McConnell, Bruce Cain, Christopher Elmendorf and David Schleicher, and Joseph Fishkin. The May issue's complete Contents are: "Voting and Vice: Criminal Disenfranchisement and the Reconstruction Amendments," by Richard M. Re and Christopher M. Re "Due Process as Separation of Powers," by Nathan S. Chapman and Michael W. McConnell "Redistricting Commissions: A Better Political Buffer?," by Bruce E. Cain "Districting for a Low-Information Electorate," by Christopher S. Elmendorf and David Schleicher "Weightless Votes," by Joseph Fishkin Note, "Recognizing Character: A New Perspective on Character Evidence," by Barrett J. Anderson Note, "Cross-National Patterns in FCPA Enforcement," by Nicholas M. McLean Comment, "One Person, No Vote: Staggered Elections, Redistricting, and Disenfranchisement," by Margaret B. Weston
Race and Partisanship in California Redistricting
Race and Partisanship in California Redistricting: From the 1965 Voting Rights Act to Present studies redistricting and its evolution in California since the passage of the 1965 Voting Rights Act. It poses the question: What is the interactive play of race and partisanship in redefining the meaning of political representation through redistricting? Unlike other studies of redistricting, it focuses not on the South but on the West, not on White versus Black, but on the difficulties of diversity. It tells the story of redistricting in California, which has now become one of the most left-leaning states and is considered a harbinger of political trends in the United States. Ultimately, this is ...
Managed Speech
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, while bolstering social and political stability. This book examines every decision about expressive freedom the Supreme Court handed down between Chief Justice Roberts' ascent in September 2005 and Justice Scalia's death in February 2016. During Chief Justice Roberts' tenure, the Court has issued more than forty decisions that interpret the First Amendment's speech protections. These decisions comprise one of the most important parts of this Court's record and legacy while inspiring sharply divergent judgments. The author explores many of the key recurring debates in First Amendment law as well as providing much needed attention on the special problems of the government preserve cases and the high stakes of the electoral process cases.
