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Living Originalism
  • Language: en
  • Pages: 481

Living Originalism

  • Categories: Law

Originalism and living constitutionalism, so often understood to be diametrically opposing views of our nation’s founding document, are not in conflict—they are compatible. So argues Jack Balkin, one of the leading constitutional scholars of our time, in this long-awaited book. Step by step, Balkin gracefully outlines a constitutional theory that demonstrates why modern conceptions of civil rights and civil liberties, and the modern state’s protection of national security, health, safety, and the environment, are fully consistent with the Constitution’s original meaning. And he shows how both liberals and conservatives, working through political parties and social movements, play imp...

The Cycles of Constitutional Time
  • Language: en
  • Pages: 257

The Cycles of Constitutional Time

  • Categories: Law
  • Type: Book
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  • Published: 2020
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  • Publisher: Unknown

The Cycles of Constitutional Time shows where American democracy has been and projects where it is going. Jack Balkin explains why our politics seems so dysfunctional and why fights over the courts seem so bitter and unhinged. He portrays our present troubles in terms of longer, constitutional trends. In doing so, he also offers a message of hope for the future. The same trends that put us in this predicament are slowly changing. Our political system can get better if Americans mobilize to change it.

Constitutional Redemption
  • Language: en
  • Pages: 305

Constitutional Redemption

Political constitutions are compromises with injustice. What makes the U.S. Constitution legitimate is Americans’ faith that the constitutional system can be made “a more perfect union.” Balkin argues that the American constitutional project is based in hope and a narrative of shared redemption, and its destiny is still over the horizon.

The Laws of Change
  • Language: en
  • Pages: 682

The Laws of Change

  • Type: Book
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  • Published: 2002
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  • Publisher: Schocken

He shows how the I Ching's divinatory system helps the reader discover the book's underlying philosophy through applying its insights to everyday problems."--BOOK JACKET.

Democracy and Dysfunction
  • Language: en
  • Pages: 226

Democracy and Dysfunction

It is no longer controversial that the American political system has become deeply dysfunctional. Today, only slightly more than a quarter of Americans believe the country is heading in the right direction, while sixty-three percent believe we are on a downward slope. The top twenty words used to describe the past year include “chaotic,” “turbulent,” and “disastrous.” Donald Trump’s improbable rise to power and his 2016 Electoral College victory placed America’s political dysfunction in an especially troubling light, but given the extreme polarization of contemporary politics, the outlook would have been grim even if Hillary Clinton had won. The greatest upset in American pre...

What Brown V. Board of Education Should Have Said
  • Language: en
  • Pages: 269

What Brown V. Board of Education Should Have Said

  • Type: Book
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  • Published: 2001-08
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  • Publisher: NYU Press

Nine of America's top legal experts rewrite the landmark desegregation decision as they would like it to have been written.

Cultural Software
  • Language: en
  • Pages: 335

Cultural Software

  • Categories: Law
  • Type: Book
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  • Published: 1998
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  • Publisher: Unknown

In this book J. M. Balkin offers original theory of cultural evolution, a theory that explains shared understandings, disagreement, and diversity within cultures. Drawing on many fields of study - including anthropology, evolutionary theory, cognitive science, linguistics, sociology, political theory, philosophy, social psychology, and law - the author explores how cultures grow and spread, how shared understandings arise, and how people of different cultures can understand and evaluate each other's views. Balkin presents numerous examples that illuminate the sources of ideological effects and their contributions to injustice. He also enters the current debate over multiculturalism, applying his theory to problems of mutual understanding between people who hold different worldviews. He argues that cultural understanding presupposes transcendent ideals and shows how both ideological analysis of others and ideological self-criticism are possible.

What Roe V. Wade Should Have Said
  • Language: en
  • Pages: 338

What Roe V. Wade Should Have Said

  • Categories: Law
  • Type: Book
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  • Published: 2023-01-17
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  • Publisher: NYU Press

A unique introduction to the constitutional arguments for and against the right to abortion In January 1973, the Supreme Court’s opinion in Roe v. Wade struck down most of the country's abortion laws and held for the first time that the Constitution guarantees women the right to safe and legal abortions. Nearly five decades later, in 2022, the Court’s 5-4 decision in Dobbs v. Jackson Women's Health Organization overturned Roe and eliminated the constitutional right, stunning the nation. Instead of finally resolving the constitutional issues, Dobbs managed to bring new attention to them while sparking a debate about the Supreme Court’s legitimacy. Originally published in 2005, What Roe ...

Cybercrime
  • Language: en
  • Pages: 277

Cybercrime

  • Categories: Law
  • Type: Book
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  • Published: 2007-03-01
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  • Publisher: NYU Press

The Internet has dramatically altered the landscape of crime and national security, creating new threats, such as identity theft, computer viruses, and cyberattacks. Moreover, because cybercrimes are often not limited to a single site or nation, crime scenes themselves have changed. Consequently, law enforcement must confront these new dangers and embrace novel methods of prevention, as well as produce new tools for digital surveillance—which can jeopardize privacy and civil liberties. Cybercrime brings together leading experts in law, criminal justice, and security studies to describe crime prevention and security protection in the electronic age. Ranging from new government requirements that facilitate spying to new methods of digital proof, the book is essential to understand how criminal law—and even crime itself—have been transformed in our networked world. Contributors: Jack M. Balkin, Susan W. Brenner, Daniel E. Geer, Jr., James Grimmelmann, Emily Hancock, Beryl A. Howell, Curtis E.A. Karnow, Eddan Katz, Orin S. Kerr, Nimrod Kozlovski, Helen Nissenbaum, Kim A. Taipale, Lee Tien, Shlomit Wagman, and Tal Zarsky.

Restoring the Lost Constitution
  • Language: en
  • Pages: 448

Restoring the Lost Constitution

  • Categories: Law

The U.S. Constitution found in school textbooks and under glass in Washington is not the one enforced today by the Supreme Court. In Restoring the Lost Constitution, Randy Barnett argues that since the nation's founding, but especially since the 1930s, the courts have been cutting holes in the original Constitution and its amendments to eliminate the parts that protect liberty from the power of government. From the Commerce Clause, to the Necessary and Proper Clause, to the Ninth and Tenth Amendments, to the Privileges or Immunities Clause of the Fourteenth Amendment, the Supreme Court has rendered each of these provisions toothless. In the process, the written Constitution has been lost. Ba...