Why do we protect free speech? What values does it serve? How has the Supreme Court interpreted the First Amendment? What has the Court gotten right and wrong? Why are current debates over free expression often so divisive? How can we do better? In this succinct but comprehensive and scholarly book, authors Len Niehoff and Thomas Sullivan tackle these pressing questions. Free Speech: From Core Values to Current Debates traces the development and evolution of the free speech doctrine in the...

A NEW YORK TIMES BESTSELLER!A growing number of Americans want to tear down what it's taken us 250 years to build—and they'll start by canceling our shared history, ideals, and culture.Traditional areas of civic agreement are vanishing. We can't agree on what makes America special. We can't even agree that America is special. We're coming to the point that we can't even agree what the word America itself means. "Disintegra...

A distinguished and experienced appellate court judge, Posner offers in this new book a unique and, to orthodox legal thinkers, a startling perspective on how judges and justices decide cases.

A brilliant new approach to the Constitution and courts of the United States by Supreme Court Justice Stephen Breyer.For Justice Breyer, the Constitution’s primary role is to preserve and encourage what he calls “active liberty”: citizen participation in shaping government and its laws. As this book argues, promoting active liberty requires judicial modesty and deference to Congress; it also means recognizing the changing needs and demands of the populace. Indeed, the Constitution’s lastin...

"Illuminating. . . . [Tribe and Matz] offer well-crafted overviews of key cases decided by the Roberts Court [and] chart the Supreme Court's conservative path." — Chicago TribuneFrom Citizens United to its momentous rulings regarding Obamacare and gay marriage, the Supreme Court under Chief Justice John Roberts has profoundly affected American life. Yet the court remains a mysterious institution, and the motivations of the nine men and women who serve for l...

Judges and legal scholars talk past one another, if they have any conversation at all. Academics couch their criticisms of judicial decisions in theoretical terms, which leads many judges—at the risk of intellectual stagnation—to dismiss most academic discourse as opaque and divorced from reality. In Divergent Paths, Richard Posner turns his attention to this widening gap within the legal profession, reflecting on its causes and consequences and asking what can be done to close or...

Elgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences and law, expertly written by the world’s leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas.Mark Tushnet, a world-renowned scholar of constitutional law, has excelled in extending and revising his essential introduction to comp...

There are few intellectual movements in modern American political history more successful than the Federalist Society. Created in 1982 to counterbalance what its founders considered a liberal legal establishment, the organization gradually evolved into the conservative legal establishment, and membership is all but required for any conservative lawyer who hopes to enter politics or the judiciary. It claims 40,000 members, including four Supreme Court Justices, dozens of federal judges, and...

Inside Appellate Courts is a comprehensive study of how the organization of a court affects the decisions of appellate judges. Drawing on interviews with more than seventy federal appellate judges and law clerks, Jonathan M. Cohen challenges the assumption that increasing caseloads and bureaucratization have impinged on judges' abilities to bestow justice. By viewing the courts of appeals as large-scale organizations, Inside Appellate Courts shows how courts have walked t...

"Exposes the shameful fact that most Americans are forced to check their civil liberties—and especially their freedom of speech—at the workplace door." —Barbara Ehrenreich, New York Times-bestselling authorA factory worker is fired because her boss disagrees with her political bumper sticker. A stockbroker feels pressure to resign from an employer who disapproves of his off-hours political advocacy. A flight attendant is grounded because her airline doesn'...

Does our abhorrence of racism allow us to ban certain forms of speech? This is the simple yet subversive question that Edward J. Cleary posed to the U.S. Supreme Court when, in 1991, he defended a white student who had burned a cross on a black family's lawn in St. Paul, Minnesota, violating a local ordinance against hate crimes. As a progressive, Cleary detested everything his client stood for. But in this compelling argued book he describes how he overturned the St. Paul ordinance—and co...

"Symposium: The Meaning of the Civil Rights Revolution" is, in effect, a new and extensive book of contemporary thought on civil rights. In February 2014, the Yale Law Journal held a symposium at Yale Law School marking the fiftieth anniversary of the Civil Rights Act of 1964 and the simultaneous publication of Bruce Ackerman's 'We the People: The Civil Rights Revolution' (2014). Contributors' essays reflected on the origins or status of the American civil rights project, using Ackerman's ...