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Books in Print Here’S Just a Sampling of the Many Other Books Recently Written Or Edited by Our Alumni, Faculty, Staff, and Students

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Books in Print Here’S Just a Sampling of the Many Other Books Recently Written Or Edited by Our Alumni, Faculty, Staff, and Students 18 19 yale law report summer 2014 books in print Here’s just a sampling of the many other books recently written or edited by our alumni, faculty, staff, and students. We welcome your submissions. Richard Epstein Please contact us: [email protected]. The Classical Liberal Constitution: The Uncertain Quest for Limited Government Harvard University Press, 2013 The Nature of Public Opinion Susan D. Carle American liberals and con- Defining the Struggle: National Racial servatives alike take for in 2010, a sharply divided U.S. Supreme Court overturned a federal prohibition Justice Organizing, 1880–1915 granted a progressive view Oxford University Press, 2013 of the Constitution that on independent corporate campaign expenditures—and ushered in a controversial new John E. Ecklund (with took root in the early twen- In this award-winning Constance Cryer Ecklund, Editor) electoral era in which money has flooded political elections. tieth century. Epstein ’68 volume, Carle ’88 reveals the The Origins of Western Law from laments this complacency. forgotten history of early Athens to the Code Napoleon Steering clear of well-worn civil rights activism in the The Lawbook Exchange, 2014 debates between defenders United States. Defining Robert C. Post ’77, Dean and Sol & Lillian Goldman Professor of Law the late John Ecklund ’41— of originalism and proponents of a living the Struggle examines the Citizens Divided: Campaign Finance Reform and the Constitution who served as treasurer Constitution, Epstein employs close textual organizations that pre- Harvard University Press, 2014 and general counsel of yale reading, historical analysis, and political dated the NAACP and the University—produced a and economic theory to urge a return to National Urban League, work that charts the hori- the classical liberal theory of governance The landmark Supreme Court case Citizens United v. Federal Election Commission overturning popular zon of Western legal ori- that animated the framers’ original text, divided the country just as sharply as it did the court, which ruled 5-4 in favor of striking thought that these latter groups were gins: eternal Platonic truths and to the limited government this theory down a federal prohibition on independent corporate campaign spending. Reactions from the progenitor of the modern move- versus the Sophists of indi- supports. both sides of the issue were equally vehement. Advocates of electoral reform railed against ment. Carle examines their motivations, vidual preferences; medi- the idea of equating corporate spending with individual speech. Those who favored a broader initiatives, and legal ideas to uncover their eval realists against Nominalists; natural substantive influence on the activism for interpretation of the First Amendment celebrated the ruling as a victory against govern- lawyers of the seventeenth and later legal rights in the twentieth century. ment censorship. centuries; and Montesquieu and other In Citizens Divided: Campaign Finance Reform and the Constitution, Robert Post provides an Enlightenment thinkers fighting through insightful and innovative constitutional theory designed constructively to engage these two Gerhard Casper principles and personhood. Such figures The Winds of Freedom: Addressing opposing perspectives. and ideas come alive in this comprehen- Challenges to the University Based on his Tanner Lectures on Human Values delivered at Harvard University in 2013, sive survey of the antecedents of our Yale University Press, 2014 Post’s analysis postulates that the fundamental argument is between two camps: those who modern legal system, edited by Ecklund’s believe self-government requires democratic participation in the formation of public opinion, As president of Stanford widow, Constance Cryer Ecklund. and those who believe that self-government requires a functioning system of representation. University from 1992 to 2000, For those who insist on democratic participation in the formation of public opinion, free Casper ’62 llm established speech is paramount. And for those who focus on a functioning system of representation, the a reputation as a tireless, integrity of the electoral process is essential. forward-thinking advocate for higher education. From While acknowledging that each position has deep roots in American constitutional his- Sterling Professor of Law Akhil Reed Amar ’84 affirmative action and mul- tory, Post argues that both share a common aim: self-government. In contemporary life, all and Les Adams ticulturalism to free speech, The Bill of Rights Primer: A Citizen’s Guidebook believe that self-government requires that elections be structured to sustain public confidence politics, public service, and to the American Bill of Rights that elected officials are responsive to public opinion. Government therefore has a compelling government regulation, Skyhorse Publishing, 2013 constitutional interest in maintaining this kind of “electoral integrity.” In Citizens Divided, Post Casper addresses the controversial issues InteNded for A broAd audieNCe, and delivered in clear and uncluttered prose, spells out the many constitutional implications of this simple but profound insight. Critiquing currently debated on college campuses The Bill of Rights Primer is an authoritative guide to all American freedoms. the First Amendment reasoning of the court in Citizens United, he also shows that the court did and in our highest courts. In addressing Many Americans reference the Bill of Rights, a document that represents many not understand the constitutional nature of corporate speech. these vital concerns, Casper outlines the of the freedoms that define the United States. And yet concrete knowledge about Post’s work is already becoming influential. In constructing his dissent in the recent case freedoms that a university must encour- the document is often in short supply. this pocket-sized volume offers a wealth of of McCutcheon v. FCC, U.S. Supreme Court Justice Stephen Breyer invoked and applied Post’s age and defend in the ongoing pursuit of knowledge about the Bill of Rights that goes beyond a basic understanding. theory of “electoral integrity.” knowledge. this guidebook gives a brief historical survey of the people, events, and ideas Citizens Divided offers a unique blend of history, theory, and constitutional doctrine. It dem- in england and the American colonies that influenced the drafting of the U.S. onstrates how one of the most divisive and influential cases in the recent history of the Constitution and Bill of Rights. The Bill of Rights Primer shows that this foundational Supreme Court might have come to a different conclusion had it understood the dependence American document is not a stagnant text but one with an evolving meaning of First Amendment rights on the value of electoral integrity. shaped by historical events, such as the American Civil War and Reconstruction. 20 21 yale law report summer 2014 Joseph Fishkin Lea Brilmayer, Priscilla Claeys, Nadia Tara Helfman and Edgar J. McManus to understanding current Israeli poli- Bottlenecks: A New Theory Lambek, and Adrienna Wong, Editors Liberty and Union: A Constitutional tics, contemporary Jewish spirituality, of Equal Opportunity Nicole Stelle Garnett and Rethinking Food Systems: Structural History of the United States and modern Jewish thought. In the first Oxford University Press, 2014 Margaret F. Brinig Challenges, New Strategies, and the Law Routledge, 2014 English-language biography of Kook Lost Classroom, Lost Community: Springer, 2014 in more than half a century, Mirsky ’86 Equal opportunity is a powerful A comprehensive constitu- Catholic Schools’ Importance in offers an insightful portrait of the man idea and one with extremely the editors (including tional history of the United Urban America and his complex legacy. broad appeal in contemporary Howard M. Holtzmann States, Liberty and Union University of Chicago Press, 2014 Professor of International examines the Anglo-American politics, political theory, and Stephen Joel Trachtenberg, Gerald B. Law Lea Brilmayer, Lambek origins of the Constitution law. But on closer examina- In the past two decades Kauvar, and E. Grady Bogue tion, the most attractive in the United States, ’10 and Wong ’10) have through the colonial and Presidencies Derailed: Why University existing conceptions of equal more than 1,600 assembled an examination antebellum periods up to the Leaders Fail and How to Prevent It Bruce Ackerman ’67, Sterling Professor opportunity turn out to be Catholic elementary of how law shapes global Civil War and the consequent Johns Hopkins University Press, 2013 of Law and Political Science impossible to achieve in and secondary schools food systems and their restructuring of the nation. We the People: practice. this book proposes an entirely have closed, and more ongoing transformations, taking as a start- Blending chronological coverage with University presidents The Civil Rights Revolution new way of thinking about the project than 4,500 charter ing point the idea that hunger results from a thematic approach, Helfman ’06 and have become as expend- Belknap Press, 2014 social exclusion and distributional inequi- McManus offer a critical analysis of core able as football coaches: of equal opportunity. Instead of focusing schools—public schools i N 1993, Professor Bruce Ackerman offered ties, and that lasting, sustainable, and just constitutional history topics set in the one bad season, scandal, on the chimera of literal equalization, that are often privately
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