In this episode, Russell Weaver, Professor of Law and Distinguished University Scholar at Louis D. Brandeis School of Law, University of Louisville, and Steve Friedland, Senior Scholar and Professor of Law at Elon University School of Law, discuss Prof. Weaver’s new book From Gutenberg to the Internet: Free Speech, Advancing Technology, and the Implications for Democracy. In From Gutenberg to the Internet, Prof. Weaver argues that the history of free expression is inextricably intertwined...

In this episode of Bookshelf, Prof. Keith Whittington, the William Nelson Cromwell Professor of Politics at Princeton University, and Prof. Frederick Schauer, the David and Mary Harrison Distinguished Professor of Law at the University of Virginia, discuss Prof. Whittington’s new book Speak Freely: Why Universities Must Defend Free Speech. In Speak Freely, Prof. Whittington argues that universities have a distinctive and important mission in American society, one that has been recently...

In this episode of Bookshelf, Prof. Keith Whittington, the William Nelson Cromwell Professor of Politics at Princeton University, and Prof. Frederick Schauer, the David and Mary Harrison Distinguished Professor of Law at the University of Virginia, discuss Prof. Whittington’s new book Speak Freely: Why Universities Must Defend Free Speech. In Speak Freely, Prof. Whittington argues that universities have a distinctive and important mission in American society, one that has been recently...

In The Democratic Coup d’Etat, Prof. Ozan Varol challenges the conventional public understanding of the coup d’etat, which often evokes the image of a militarized group of elites who seek to overthrow an existing government in order to consolidate power. Often, we consider coups contrary--and even more a threat--to democracy. Prof. Varol argues that coups do not always match that public understanding, and often are used to establish a democracy or advance democratic principles. He traces...

In The Democratic Coup d’Etat, Prof. Ozan Varol challenges the conventional public understanding of the coup d’etat, which often evokes the image of a militarized group of elites who seek to overthrow an existing government in order to consolidate power. Often, we consider coups contrary--and even more a threat--to democracy. Prof. Varol argues that coups do not always match that public understanding, and often are used to establish a democracy or advance democratic principles. He traces...

In his new book, The Fourteenth Amendment and the Privileges and Immunities of American Citizenship, Prof. Lash presents the history surrounding the addition of the Privileges or Immunities Clause of the Fourteenth Amendment in 1868. This exhaustively researched book follows the evolution in public understanding of “the privileges and immunities of citizens of the United States,” from the early years of the Constitution to the critical national election of 1866. For the first 92 years of our...

In his new book, The Fourteenth Amendment and the Privileges and Immunities of American Citizenship, Prof. Lash presents the history surrounding the addition of the Privileges or Immunities Clause of the Fourteenth Amendment in 1868. This exhaustively researched book follows the evolution in public understanding of “the privileges and immunities of citizens of the United States,” from the early years of the Constitution to the critical national election of 1866. For the first 92 years of our...

Limited Government and the Bill of Rights takes a novel approach to the constitutional connection between the Bill of Rights and principles of limited government. Author Patrick Garry proposes that the Bill of Rights should be viewed primarily as limiting the power of government rather than protecting of the autonomy interests of individuals. He argues that this limited government approach is ultimately the best way to maximize individual liberty, and limits judicial overreach by denying...

First Amendment Institutions proposes a new approach to enforcing First Amendment laws by arguing that institutions who exercise First Amendment freedoms should have more autonomy to regulate their own affairs, as the courts and a “top-down rules” approach insufficiently account for the complexity of real-world situations. Author Paul Horwitz suggests that such an approach would enhance these institutions’ role in social and political life, thus making the state a part of our social framework...

With the 2012 presidential election now behind us, the unique American presidential election system is fresh in the mind of the public. Some dismiss the Electoral College as outdated, arguing that the system should be replaced by direct popular vote. -- Enlightened Democracy: The Case for the Electoral College? author Tara Ross provides an overview of the history of the Electoral College from the Founding Era to the present, defending the College as an institution and explaining how it...

In Search of Jefferson’s Moose: Notes on the State of Cyberspace? explores the "new world" of cyberspace: what it is, how it works, and what laws it should have. Author David Post compares Thomas Jefferson’s thoughts on the New World in Notes on the State of Virginia to the internet, drawing out the similarities and differences between the two "new worlds," and presents Jefferson’s ideal--small self-governing groups loosely joined together and forming groups of increasingly large size--as a...

When States Go Broke: The Origins, Context, and Solutions for the American States in Fiscal Crisis? discusses the problem of fiscal crises in American states and the best way to meet the political and fiscal challenges they present. The book features insights from leading scholars in a variety of disciplines, and facilitates debate about the origin and context of the crises, and what regimes bankrupt states should adopt. -- Author David Skeel, the S. Samuel Arsht Professor of Corporate Law...

Lawyer Barons exposes the high but unseen cost of litigation driven by contingency fees, a method of financing that is said to improve access to the courts for personal injury victims with limited means. Author Lester Brickman argues that there is more to the picture than just improving access, however; that the contingency fee also enables lawyers and judges to collaborate and incentivize litigation to a degree that distorts our civil justice system and imposes other financial and social...

This podcast discusses Firearms Law and the Second Amendment: Regulation, Rights and Policy by authors Nicholas Johnson, David Kopel, George Mocsary and Michael O'Shea. -- Firearms Law provides a comprehensive overview of the constitutional right to private firearms, the first traditional casebook on the subject, covering the history and development of the constitutional right to keep and bear arms, and all aspects of firearms law, policy and regulations. The book serves as a starting...

Gunfight: The Battle Over the Right to Bear Arms in America? tells the story of the six-year courtroom battle that culminated in the Supreme Court’s 2008 ruling in District of Columbia v. Heller, invalidating a law banning handgun possession in Washington, DC. In the book, author Adam Winkler gives a historical overview of the battle between gun rights and gun control advocates, and brings to light what he argues are the often misunderstood legal and historical issues central to history of...

During the past decade, courts have struggled to reconcile anti-discrimination statutes with claims by private organizations to First Amendment protection for decisions regarding their missions and membership. Can the Boy Scouts expel a gay Scoutmaster? (Boy Scouts of America v. Dale) Can a state law school deny official recognition to a religious club that requires members to affirm certain beliefs regarding homosexuality? (Christian Legal Society v. Martinez) In resolving these questions...

Written by Michigan State University law professor Brian Kalt, Constitutional Cliffhangers envisions six constitutional controversies that could arise in selecting, replacing, and punishing a U.S. president. None of Kalt’s scenarios, such as the criminal prosecution of a sitting president, a president pardoning himself, or a two-term president attempting to stay in power, have actually occurred, though some have come close. In the book Kalt provides a legal guide to navigating these...

The Machinery of Criminal Justice discusses the shift in American criminal law from being a system run primarily by laymen to a system in which lawyers are the primary actors. Author Stephanos Bibas argues that this shift has increased the speed and efficiency of our criminal justice system, but that softer values, such as reforming defendants and healing relationships, have been lost with the prioritization of efficiency. Bibas proposes a variety of ways to involve victims, defendants, and...

Taming Globalization discusses the challenge to American constitutional law that arises out of our increasingly global society. The creation of dozens of international institutions, from the International Court of Justice to border commissions to the World Trade Organization, has given rise to a legal network that poses a challenge for American constitutional law. In response to this challenge, Julian Ku and John Yoo propose that domestic actors make use of "mediating devices" such as...

This Federalist Society Faculty Book Podcast features Professor Scott Gerber’s new book, A Distinct Judicial Power: The Origins of an Independent Judiciary, 1606-1787. -- A Distinct Judicial Power analyzes the origins of judicial independence in the United States. The book sets forth both the political theory behind and the historical progression of independent judicial power in the United States during the colonial period. It concludes with an examination of how this mixture of theory...

This Federalist Society Faculty Book Podcast features Professor Elizabeth Price Foley’s new book, The Tea Party: Three Principles. -- As Publisher Cambridge University Press states: "In The Tea Party: Three Principles, constitutional law professor Elizabeth Price Foley takes on the mainstream media's characterization of the American Tea Party movement, asserting that it has been distorted in a way that prevents meaningful political dialogue and may even be dangerous for America's future....