Faculty Bibliography
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The bloc of conservative justices on the Supreme Court have dismantled many of the legal precedents on their hit list. What’s in store for the new term?
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US Constitution gave spending, borrowing powers to Congress to ensure separation of powers.
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In “Playing God,” the journalist Mary Jo McConahay argues that an alliance of extremely conservative bishops and Catholic activists is exerting a profound impact on our national politics.
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A review of Justice On the Brink: The Death of Ruth Bader Ginsburg, the Rise of Amy Coney Barrett, and Twelve Months That Transformed the Supreme Court by Linda Greenhouse
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The Arab Spring promised to end dictatorship and bring self-government to people across the Middle East. Yet everywhere except Tunisia it led to either renewed dictatorship, civil war, extremist terror, or all three. In The Arab Winter, Noah Feldman argues that the Arab Spring was nevertheless not an unmitigated failure, much less an inevitable one. Rather, it was a noble, tragic series of events in which, for the first time in recent Middle Eastern history, Arabic-speaking peoples took free, collective political action as they sought to achieve self-determination. Focusing on the Egyptian revolution and counterrevolution, the Syrian civil war, the rise and fall of ISIS in Syria and Iraq, and the Tunisian struggle toward Islamic constitutionalism, Feldman provides an original account of the political consequences of the Arab Spring, including the reaffirmation of pan-Arab identity, the devastation of Arab nationalisms, and the death of political Islam with the collapse of ISIS. He also challenges commentators who say that the Arab Spring was never truly transformative, that Arab popular self-determination was a mirage, and even that Arabs or Muslims are less capable of democracy than other peoples. Above all, The Arab Winter shows that we must not let the tragic outcome of the Arab Spring disguise its inherent human worth. People whose political lives had been determined from the outside tried, and for a time succeeded, in making politics for themselves. That this did not result in constitutional democracy or a better life for most of those affected doesn’t mean the effort didn’t matter. To the contrary, it matters for history—and it matters for the future.
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Noah R. Feldman & Kathleen M. Sullivan, Constitutional Law (20th ed. 2019).
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Harvard Law Professor Mark Wu discusses the inevitable structural changes taking place in U.S.-China trade relations and how President Donald Trump has impacted these shifts.
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Women’s rights lawyer Kathryn Kolbert argued the pro-choice case last time a serious attempt was made to overturn Roe v Wade. She explains her concerns that the Supreme Court might soon side with those keen to restrict access to abortion.
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The first-ever image of a black hole was a monumental scientific achievement. Harvard physicist Andrew Strominger talks about what the discovery means for the present and future.
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The word “Socialism” is often demonized in American politics, but is that criticism warranted? Professor Sean Wilentz of Princeton University walks us through the history of American socialism and how the ideas behind it became so warped.
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Historian and author Khalil Gibran Muhammad discusses the state of criminal justice and prisons in America and whether the country should take drastic steps toward reform.
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Historian Kathleen Belew discusses the modern history of the white power movement and the often overlooked connection between incidents like Charlottesville and the Oklahoma City bombing.
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Asha Rangappa, a former FBI agent and the former dean of admissions at Yale Law School, gives us a unique perspective on the college admissions scandal.
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Noah Feldman, The Three Lives of James Madison Genius, Partisan, President (2017).
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Over the course of his life, James Madison changed the United States three times: First, he designed the Constitution, led the struggle for its adoption and ratification, then drafted the Bill of Rights. As an older, cannier politician he co-founded the original Republican party, setting the course of American political partisanship. Finally, having pioneered a foreign policy based on economic sanctions, he took the United States into a high-risk conflict, becoming the first wartime president and, despite the odds, winning. In The Three Lives of James Madison, Noah Feldman offers an intriguing portrait of this elusive genius and the constitutional republic he created—and how both evolved to meet unforeseen challenges. Madison hoped to eradicate partisanship yet found himself giving voice to, and institutionalizing, the political divide. Madison’s lifelong loyalty to Thomas Jefferson led to an irrevocable break with George Washington, hero of the American Revolution. Madison closely collaborated with Alexander Hamilton on the Federalist papers—yet their different visions for the United States left them enemies. Alliances defined Madison, too. The vivacious Dolley Madison used her social and political talents to win her husband new supporters in Washington—and define the diplomatic customs of the capital’s society. Madison’s relationship with James Monroe, a mixture of friendship and rivalry, shaped his presidency and the outcome of the War of 1812. We may be more familiar with other Founding Fathers, but the United States today is in many ways Madisonian in nature. Madison predicted that foreign threats would justify the curtailment of civil liberties. He feared economic inequality and the power of financial markets over politics, believing that government by the people demanded resistance to wealth. Madison was the first Founding Father to recognize the importance of public opinion, and the first to understand that the media could function as a safeguard to liberty.
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The Nineteenth Edition is an updated version of this classic casebook, adding new materials on the Supreme Court’s most recent decisions on federal power, free speech, equal protection and religious freedom to its existing comprehensive coverage of separation of powers, federalism, civil rights and civil liberties. This casebook provides a unique combination of clearly structured and lawyerly coverage of the cases with rich historical, theoretical, and philosophical materials that illuminate the development of our constitutional law. In the 19th edition, you will find the latest decisions on gay marriage, street signs and confederate flags, campaign contribution limits, congressional power over voting rights, and religious exemptions from health care mandates, among many others. The note materials and questions in the casebook make it easy to structure classes and promote lively discussion. And comparative examples from the constitutional law of other nations are provided throughout.
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