Faculty Bibliography
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The Fifth Edition provides in-depth coverage of the freedoms of speech, press and association, as well as the free exercise and establishment clauses.
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The Cold War seemingly ended in a decisive victory for the West. But now, Noah Feldman argues, we are entering an era of renewed global struggle: the era of Cool War. Just as the Cold War matched the planet’s reigning superpowers in a contest for geopolitical supremacy, so this new age will pit the United States against a rising China in a contest for dominance, alliances, and resources. Already visible in Asia, the conflict will extend to the Middle East (U.S.-backed Israel versus Chinese-backed Iran), Africa, and beyond. Yet this Cool War differs fundamentally from the zero-sum showdowns of the past: The world’s major power and its leading challenger are economically interdependent to an unprecedented degree. Exports to the U.S. account for nearly a quarter of Chinese trade, while the Chinese government holds 8 percent of America’s outstanding debt. This positive-sum interdependence has profound implications for nations, corporations, and international institutions. It makes what looked to be a classic contest between two great powers into something much more complex, contradictory, and badly in need of the shrewd and carefully reasoned analysis that Feldman provides. To understand the looming competition with China, we must understand the incentives that drive Chinese policy. Feldman offers an arresting take on that country’s secretive hierarchy, proposing that the hereditary “princelings” who reap the benefits of the complicated Chinese political system are actually in partnership with the meritocrats who keep the system full of fresh talent and the reformers who are trying to root out corruption and foster government accountability. He provides a clear-eyed analysis of the years ahead, showing how China’s rise presents opportunities as well as risks. Robust competition could make the U.S. leaner, smarter, and more pragmatic, and could drive China to greater respect for human rights. Alternatively, disputes over trade, territory, or human rights could jeopardize the global economic equilibrium—or provoke a catastrophic “hot war” that neither country wants. The U.S. and China may be divided by political culture and belief, but they are also bound together by mutual self-interest. Cool War makes the case for competitive cooperation as the only way forward that can preserve the peace and make winners out of both sides.
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This essay discusses the contribution of the Muslim ethical literature of the middle ages to Islamic political thought. The ethical literature offers a perspective on the medieval Islamic constitution that differs markedly from the picture that derives from the juristic literature on the caliphate. Where the juristic literature largely portrays political authority as the servant of religion, the ethical literature presents religion and political authority as “brothers” arrayed in a relationship of mutual dependence. This view is decisively influenced by pre-Islamic Iranian thinking on the relationship between religion and politics, as contained in the “Letter of Tansar.”
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Noah Feldman tells the story behind the increasingly popular call for the establishment of the sharia--the law of the traditional Islamic state--in the modern Muslim world.
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My daughter was looking at President Obama's picture in the paper the morning after the midterm elections. ''Daddy,'' she asked, ''why does he look so frustrated?'' Explaining divided government to a 3-year-old turns out to be harder than you'd think. But she did seem to get the point that, while Obama was still the president, his job was about to become much more difficult. Historically, presidents thwarted by the loss of a Congressional majority have turned their attention to foreign policy -- no doubt the reason that Obama left for Asia within a few days of the election. The explanation for the shift in focus is constitutional as much as tactical. The founding fathers, convinced that diplomacy could not be conducted by committee, gave the executive substantial discretion in conducting foreign affairs. Although Congress can ask questions and conduct oversight hearings, a president who wants to have an impact internationally can act more or less on his own.
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A tiny, ebullient Jew who started as America's leading liberal and ended as its most famous judicial conservative. A Klansman who became an absolutist advocate of free speech and civil rights. A backcountry lawyer who started off trying cases about cows and went on to conduct the most important international trial ever. A self-invented, tall-tale Westerner who narrowly missed the presidency but expanded individual freedom beyond what anyone before had dreamed. Four more different men could hardly be imagined. Yet they had certain things in common. Each was a self-made man who came from humble beginnings on the edge of poverty. Each had driving ambition and a will to succeed. Each was, in his own way, a genius. They began as close allies and friends of FDR, but the quest to shape a new Constitution led them to competition and sometimes outright warfare. Scorpions tells the story of these four great justices: their relationship with Roosevelt, with each other, and with the turbulent world of the Great Depression, World War II, and the Cold War. It also serves as a history of the modern Constitution itself.
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Edited by two of America's leading constitutional scholars, the book provides a new framework for addressing the most important constitutional issues of the future in clear, accessible language.
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This book provides comprehensive coverage of Supreme Court cases defining the status and rights of detainees held at the Guantanamo Bay US Navy Base.
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Last month, Rowan Williams, the archbishop of Canterbury, gave a nuanced, scholarly lecture in London about whether the British legal system should allow non-Christian courts to decide certain matters of family law. Britain has no constitutional separation of church and state. The archbishop noted that ''the law of the Church of England is the law of the land'' there; indeed, ecclesiastical courts that once handled marriage and divorce are still integrated into the British legal system, deciding matters of church property and doctrine. His tentative suggestion was that, subject to the agreement of all parties and the strict requirement of protecting equal rights for women, it might be a good idea to consider allowing Islamic and Orthodox Jewish courts to handle marriage and divorce. Then all hell broke loose. From politicians across the spectrum to senior church figures and the ubiquitous British tabloids came calls for the leader of the world's second largest Christian denomination to issue a retraction or even resign. Williams has spent the last couple of years trying to hold together the global Anglican Communion in the face of continuing controversies about ordaining gay priests and recognizing same-sex marriages. Yet little in that contentious battle subjected him to the kind of outcry that his reference to religious courts unleashed. Needless to say, the outrage was not occasioned by Williams's mention of Orthodox Jewish law. For the purposes of public discussion, it was the word ''Shariah'' that was radioactive.
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The article discusses the 2008 U.S. presidential election, the issue of the Iraq war, and why the war is not discussed on the campaign trail. The candidates only differ slightly on the war, but most of the candidates are avoiding the issue. The reasons for this are that the war is not a feel-good issue, it is difficult to judge how the surge of troops is progressing, the U.S. position on what type of Iraq we want is undecided, and the issue of an all-out civil war there is problematic.
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The article considers Mormonism and its effect on the 2008 U.S. presidential race as one of the U.S. Republican Party's principal candidates, Mitt Romney, is a Mormon. Even though the mainstream Church of Jesus Christ of Latter-day Saints (LDS) does not endorse polygamy or racial intolerance, Mormonism's past is stained by stories of polygamy and doctrine concerning how races be considered.
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The author questions why Americans cannot refrain from preaching about democracy to the world. He explains how the creed of exporting democracy differs from the creed of expanding empire. He suggests that Americans need to work towards aiding political parties, journalists, and others in countries where dictators try to suppress them. He maintains that the national faith that Americans share in the value of democracy is not wrong, despite the world's skepticism.
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This article discusses the controversy over the existence religion in public education. The article evaluates the nonsectarian institutions of the Khalil Gibran International Academy in Brooklyn, New York, and the Ben Gamla Charter School in Hollywood, Florida, which place emphasis on the use of the Arabic and Hebrew languages. Also discussed is the outrage over foot baths being installed into the bathrooms at the University of Michigan in Dearborn, Michigan, to help Muslim students perform the ablutions required for daily prayer.
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The article presents the author's account of being excluded from recognition in the alumni activities of the Maimonides School, the Orthodox Jewish day school he attended in Massachusetts, because he married a woman who is not Jewish. He discusses the history and traditions of Orthodox Judaism and its relations with the modern world.
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The article reports on the status and possibilities for peace in the Middle East. Information is presented on the possible outcomes in Israel, Palestine and Iraq. One possibility for settling the unrest is that the patience pays off and violence dissipates in those areas. The potential of increased radicalism is discussed.
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The article reports on the status of U.S. soldiers in Iraq and whether or not they will leave the country. The responsibilities of public office are covered and provided as an explanation for why troops cannot leave, despite public opinion polls. The Bush administration is not ready to leave yet, but not clearly stating any plan either. Struggles among the Iraqi religious communities and the Democratic party are also covered.
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Jeannie Suk & Noah R. Feldman, Japan's Uncomfortable History, Wall St. J., Mar. 12, 2007, at A23.
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The article comments on the move of Japanese Prime Minister Shinzo Abe to reopen past problems in Asia with his defense of Japan's participation in sex slavery during World War II.
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Noah R. Feldman, Choosing a Sect, N.Y. Times Mag., Mar. 4, 2007, at 13.
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The article reports on the United States government allegedly promoting a Shiite government in Iraq while backing Sunni authority elsewhere. Critics suggest that the U.S. government ally itself with one sect of Islam in order to help end the conflict in Iraq. Some consider radical Shiite sects in Iran and Hezbollah to be a threat. Others contend that the fundamental anti-intellectualism of Sunni Islam is anti-American. The history of the Sunni-Shiite civil war is included.
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This article discusses politics in the U.S. and President George W. Bush's policies on the Iraq War. In January 2007, Congress drafted a nonbinding Congressional resolution condemning the president's plan to secure Baghdad by sending over 20,000 additional troops to Iraq. Senator Ted Kennedy has introduced legislation that would block the president from adding more troops without specific Congressional authorization.
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The author discusses the trial and execution of former Iraqi dictator Saddam Hussein. The author asserts that the Iraqi tribunal council, that prosecuted the case, was not properly handled and was confused on the nature of its own authority. One of the biggest problems the author has with the council is the rush to execution that Hussein received. Though the author agrees that Hussein should have been executed, he feels that Hussein should have been tried for all his crimes and not just one.
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This volume presents ten leading scholars' writings on contemporary Islamic law and Muslim thought. The essays examine a range of issues, from modern Muslim discourses on justice, natural law, and the common good, to democracy, the social contract, and "the authority of the preeminent jurist." Changes in how Shari'a has been understood over the centuries are explored, as well as how it has been applied in both Sunni and Shi'i Islam.
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The article discusses the development of the nuclear bomb by Iran. While Israel has been accused of having working nuclear weapons for years, it was only after Iran's nuclear program matured that global politics experts claimed the world has entered a second nuclear era in which nuclear war is a possibility.
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The article offers a look at how United States citizens express a collective verdict on the state of the nation when they vote. In the modern era, the author argues, midterm elections have come to serve as expressions of public opinion. He suggests that despite the outcome of votes during the 2006 November elections, U.S. President George W. Bush will not alter his administration's way of governing.
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The article discusses the benefits of diplomacy to avoid war. While Israel and Palestine are on the verge of negotiating a settlement and Iran prepares to discuss its nuclear weapons program with a coalition of Asian and European countries, the United States refuses to take part in any negotiations, due to outdated foreign policies.
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Noah R. Feldman, Ballots and Bullets, N.Y. Times Mag., July 30, 2006, at 9.
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The author believes that the U.S. policy of introducing democracy to the Middle East opened the door to the legitimate election of entitles, such as Hezbollah and Hamas. The balanced powers of the Cold War era are gone, to be replaced by democratically legitimized militias that go to war with powerful states. Democracy in the region is no longer an end in itself.
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This article reviews the books "The Foreigner's Gift: The Americans, the Arabs, and the Iraqis in Iraq," by Fouad Ajami, and "The End of Iraq: How American Incompetence Created a War Without End," by Peter W. Galbraith.
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The article argues that the only way for the United States to exit Iraq with any hope of leaving the country and region intact is to push a political solution to the insurgency. U.S. politicians have shifted their rhetoric from the original argument that war would provide a space for democracy to democracy being the only thing that will put an end to war.
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Noah R. Feldman, The God Factor, Wash. Post Book World, May 14, 2006, at T04 (reviewing Madeline Albright, The Mighty and the Almighty: Reflections on America, God, and World Affairs (2006)).
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The article discusses politics in Iraq, and the need to create a national unity government. The author argues that if there were no insurgency, the political arena in Iraq might have been dominated by the same political parties based on religious beliefs and ethnic identification, only they would have allied in different ways. Still, their interests would have generated a government that included all the major constituencies, except extremists unwilling to renounce violence. It is also argued that the American political environment would also be affected.
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Noah R. Feldman, Vali Nasr, James Fearon & Juan Cole, Power Struggle, Tribal Conflict Or Religious War?, Time, Mar. 6, 2006, at 25.
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The article presents a forum on which various experts weigh in on the situation in Iraq in 2006. Included are thoughts from New York University law professor Noah Feldman, author Vali Nasr, professor of political science at Stanford University James Fearon, and professor of history at the University of Michigan Juan Cole.
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This article reviews the book "Witnessing Their Faith: Religious Influence On Supreme Court Justices And Their opinions," by Jay Alan Sekulow.
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The article argues that the presidency of George W. Bush has been marked by an expansion of the executive powers, far beyond what the founding fathers intended. This is the culmination of a few hundred years' worth of political developments that eroded the balance of powers. The author suggests that while the Supreme Court has been charged with the responsibility of controlling the presidency, it is Congress that must reestablish itself as a real check on presidential power.
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The Ethics of War traces how different cultures involved in present conflicts have addressed problems over the centuries.
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Noah R. Feldman, Imposed Constitutions and Established Religion, 4 Rev. Faith & Int'l Aff. 3 (2006).
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Today the idea of imposed constitutionalism takes place against a backdrop of widespread commitment to democratic self-determination. This can create a tension between equality and autonomy, where the franchised majority supports the marginalizationof some, but also resists interference by outsiders in the matter. However, interfering in constitutional processes abroad in order to ensure that they empower as many people as possible can establish egalitarianism as nothing more than a formalistic constraint demanded by outsiders. For a constitution to succeed it must be established by local self-interest, not external pressure that is by definition temporary.
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The Canaanite King Adoni-Bezek has just a single line of dialogue in the Bible, but it is one not easily forgotten. Defeated by the combined forces of the tribes of Judah and Simeon, he is subjected to the ordeal of having his index fingers and great toes cut off. Adoni-bezek's philosophical response is that in his day he himself lopped off the fingers and toes of seventy kings: “As I have done, so God hath requited me.” With these last words, the captive king is brought to Jerusalem, where he dies. Today prisoners of war are protected by the Geneva Conventions – but the principle of reciprocity articulated in the king's reflection on the customs of victors still pervades the laws of war. The assumption that all sides might torture or kill prisoners has given way, at least in theory, to the principle that all sides are reciprocally obligated to treat prisoners of war and civilians under occupation humanely. It is fair to say that this norm of international law grew as much from the mutual interests of belligerents in having their own prisoners of war treated humanely as from any deeply held commitment to the dignity of the person. Otherwise it would be almost impossible to explain the anomaly that, according to the rules of war, the enemy may be killed even while he is fleeing, but if captured must be sheltered, fed, and returned to his home when the war is over.
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The Ethics of War traces how different cultures involved in present conflicts have addressed problems over the centuries.
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Focuses on the issue of the separation of church and the state or religion and government. Description of the history of the relationship from the Roman Empire to the American Revolution; Discussion of the wording of the First Amendment of the U.S. Constitution; Comparison of values of evangelicals with legal secularists; How the U.S. States Supreme Court has changed the relationship of church and state; Discussion of a possible solution of compromise between both opposing views; How state financial aid to religious institutions creates conflict.
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