18 BOOKS Oxford University Press, 2020 Oxford Press, University nter winter Cristina M.Rodríguez The President and Immigration Law Adam Cox B. and 2021 Y ale

Law

Report rity to regulate immigration. theearliest Oneof immigration disputes —over theAlien butrathermoment, adynamiccentury inthemaking. toofficials, show that politicalpresidential ofourpartisan control isnotthe product sources, immigration enforcement data, accounts former governmentand personal of thepresidentthe hands of andwhether thisstate affairs of giveshould us pause. ’00Cristina M. Rodríguez examines how immigration concentrated became policy in In Since the nation’s the authors founding, write, there have clashes been over the autho coauthorWith Adam B. School Law,of NYU Cox archival of utilizes Rodríguez The President and Immigration Homer Law, Leighton Law Surbeck of Professor From the White House The history ofthe executive branch and immigration to the Border

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Illustration by iqbaldraft / Shutterstock.com BOOKS

SPOTLIGHT But the conditions for modern presidential immigration law really arose from a series of 20th-century developments.... Congress’s creation of a complex immigration code alongside a massive deportation state counterintuitively transferred power to the executive — the branch with the power to decide when and

how to enforce the law. Jack M. Balkin The Cycles of Constitutional Time and Sedition Acts — involved whether Congress could authorize Oxford University Press, 2020 the president to deport his enemies. For most of the 19th century, U.S. immigration policy resided in the realm of foreign affairs and trade policy and therefore within the president’s domain. But the conditions for modern presidential immigration law The Remedy for really arose from a series of 20th-century developments. Constitutional Rot According to Rodríguez and Cox, Congress’s creation of a com- plex immigration code alongside a massive deportation state History shows time can heal all wounds counterintuitively transferred power to the executive — the branch with the power to decide when and how to enforce the law. In The Cycles of Constitutional Time, Knight Professor of Constitutional Law and the First When this enforcement regime collided with the dramatic ac- Amendment Jack M. Balkin looks at the bigger celeration of illegal immigration between the 1970s and early picture of why politics in the United States has 2000s, it left the United States with a shadow immigration system broken down and where it is headed. — one in which nearly half of all noncitizens, roughly 11 million Balkin, an eminent constitutional theorist, people today, are present in violation of the law. As the pool of explains how America's constitutional system Jack M. deportable noncitizens became vast, Congress’s detailed code changes through the interplay among three cycles: Balkin became less central to determining who would be allowed to re- the rise and fall of dominant political parties, the main in the country. Instead, the executive’s enforcement choices waxing and waning of political polarization, and alternating came to define immigration policy. As a result of his central and episodes of constitutional decay and constitutional very ordinary duty to enforce the law, the president can “inject renewal. He also explains how these cycles affect the work his own vision for immigration into the operation of the system of the federal courts and theories about constitutional interpretation. And he shows how the political parties have and the meaning of the law,” they write. switched sides on judicial review not once but twice in the Critics across the ideological spectrum have condemned recent 20th century, and predicts what struggles over judicial assertions of this power as usurpations of Congress’s authority to review will look like in the coming decades. control immigration law. But the authors argue that these claims Balkin argues that the big threat to American democracy fail to appreciate the way the nation’s immigration system has today is what he calls “constitutional rot” — the historical actually developed into an enforcement-dependent regime over process through which republics become less representative time. Of course, even if dramatic and presidentially driven en- and less devoted to the common good. Brought on forcement policies do not trench upon congressional prerogatives, by increasing economic inequality and loss of trust, such a system is still ripe for abuse, say Rodríguez and Cox, with constitutional rot threatens our constitutional system. the threat of coercion serving as a central and powerful policy tool. But Balkin offers a message of hope: American democracy The authors consider ways of controlling the enforcement has weathered these cycles before. He describes what our politics will look like as polarization gradually lessens and power under the status quo. But they also call for reforms that constitutional rot recedes. “The problems of American would eliminate the shadow system and diminish the role of democracy will not be cured overnight, or even in a decade,” enforce­ment in the system altogether. The role of the president he concludes. “Constitutional rot is a stubborn condition; could then be reconfigured so that other tools of the executive emerging from it will be a painful process. The good news branch — flexible policymaking capacity and the ability to respond is that the cycles of constitutional time are slowly turning. quickly to changing realities — might help produce a humane and Politics is re-forming. The elements of renewal are available dynamic immigration policy. to us, if we have the courage to use them.” Illustration by iqbaldraft / Shutterstock.com by iqbaldraft Illustration

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Here’s just a sampling of the many other books The History of Epidemics recently written or edited by our alumni, faculty, How illness has shaped law staff, and students. We welcome your submissions. Please contact us: [email protected]. In his book American Contagions: Epidemics and the Law from Smallpox to COVID-19, with ’s ’67 Allen H. Duffy Class of 1960 Professor of Revolutionary Constitutions: Law John Fabian Witt ’99 explores the Charismatic Leadership and the ways in which American law has shaped Rule of Law. Ackerman, Sterling and responded to the experience of contagion John Fabian Professor of Law and Political throughout history. Witt Science, offers his own rebuttal “Epidemics proceed as a set of feedback to the chapters presented by loops between germs and society,” Witt writes. At the same the leading scholars in public time that disease prompts change in human patterns and in law. The book debates the most legal and political institutions, viruses evolve to take advan- Ryan Abbott important subjects in consti- tage of the world as it is. The Reasonable Robot: tutionalism today including Witt examines the difference between “quarantinist” Artificial Intelligence constitutional design, the role and “sanitationist” states in history and their different and the Law of the courts, and the perils of approaches to handling Cambridge University Press, 2020 populism. infectious disease crises. Quarantinist states use The relationship between people authoritarian controls over and artificial intelligence (AI) citizens through lockdowns under the law is a relatively new and orders often backed by expansion of legal responsibil- the military. Sanitationist ity. Abbott ’11 writes that AI and states use liberal policies to people do not compete on the change the environments same level and, because of this, that breed disease. the law should not discriminate In the case of the U.S., between the two when the Witt shows that throughout same tasks are being performed. American history, response Cutting across numerous fields to public health has been affected by the development Weitseng Chen and a mix of the two, too often of AI, Abbott presents insights Hualing Fu, eds. with one approach for those and sometimes controversial Authoritarian with political power, and one perspectives that are indicative Legality in Asia: for those without. of the developing intersection of Formation, Development law and AI. John Fabian Witt In 1793 in Philadelphia, and Transition American Contagions: yellow fever spread through- Cambridge University Press, 2020 out the city, where the fed- Epidemics and the Chen ’05 llm, ’07 jsd and Fu eral government was still Law from Smallpox compare the past and current situated. Those who could to COVID-19 experiences of China, Hong leave the city fled to the Press, 2020 Kong, South Korea, Japan, country, including George Taiwan, Singapore, and Vietnam Washington himself. But false assertions that the city’s and offer a framework to Black community were immune to the disease led to calls analyze the concept of liberal for them to do the labor of caring for the sick and burying democracy and the rule of law. the dead — putting them at risk while reducing the risk to By comparing countries within the town’s white citizens. Asia, the book provides a new During the current COVID-19 pandemic, the U.S. faces Richard Albert, ed. set of metrics for evaluating a choice, according to Witt. “We can use epidemics as Revolutionary legal reforms in authoritarian occasions for addressing the glaring inequalities they illu- Constitutionalism countries. minate,” he writes. “We can proceed intelligently into our Hart Publishing, 2020 unsettling future — but only if we grasp where we have

been in our often disturbing past.” After a major global conference hosted at , Albert ’03 brings together a collection of essays that engage critically

20 winter 2021 Yale Law Report BOOKS

Richard A. Epstein The Dubious Morality of Stephen P. Garvey Ronald Goldfarb Stuart P. Green Modern Administrative Law Guilty Acts, Guilty Minds The Price of Justice: Criminalizing Sex: Rowman & Littlefield Publishers, 2020 Oxford University Press, 2020 Money, Morals, and Ethical A Unified Liberal Theory Reform in the Law Oxford University Press, 2020 Epstein ’68 provides his analysis In the world of criminal law, actus Turner Publishing Company, 2020 of the state of modern adminis- rea and mens rea are thought Green ’88 shows how in recent trative law, taking into consid- of as conditionally necessary in Goldfarb ’60 llm, ’62 jsd exposes years the law has approached eration the long-standing argu- upholding the legitimate nature how money and power have been issues of nonconsensual sexual ments between progressives of state punishment. Garvey ’92 prioritized over the ethical treat- conduct punitively, while simul- who champion a large adminis- proposes an interpretation of ment of lower-income peoples taneously showing that it has trative state and those defenders actus rea and mens rea as ideas and minorities and their protec- become noticeably more permis- of limited government. Offering that limit the authority of the tions under the current justice sive in dealing with the legaliza- his ideas on how the administra- democratic state in attributing system. Movements like Black tion and or decriminalization of tive state has lost its way, Epstein verdicts of guilt through the Lives Matter have brought justice consensual acts such as sodomy, pinpoints how modern interpre- law to those accused of crimes. reform to the forefront of public adultery, and adult pornography. tation and action lead to sys- The book works to frame a new discourse, and The Price of Justice Green’s book explores the con- temic abuses on a range of legal theory of these legal principles offers powerful testimony, media ceptual and normative implica- subjects, and provides a theory as terms that limit state power evidence, and Goldfarb’s own tions of this legal and cultural as to how the Supreme Court can instead of only describing ele- experience as a longtime public divergence, which often conflict adjust the current course of the ments of crime. interest lawyer. in practice. administrative state.

Investing for Good Companies face a sustainability imperative and the need to remake their business models to respond to an array Loren Ghiglione, of pressing issues including climate Alyssa Karas, change, air and water pollution, racial Bardo Fassbender and Daniel C. Esty and and Dan Tham justice, workplace diversity, economic Knut Traisbach, eds. Todd Cort, eds. Genus Americanus: inequality, privacy, corporate integrity, The Limits of Values at Work: Hitting the Road in Search and good governance. From equities Human Rights Sustainable Investing of America's Identity to fixed income and from private Oxford University Press, 2020 and ESG Reporting University of Georgia Press, 2020 equity to impact-investing, investors Palgrave Macmillan, 2020 Fassbender ’92 llm, ’99 jsd and of all kinds now want to understand Ghiglione ’66 embarks on a Traisbach bring together leading which companies will be marketplace 28-state pilgrimage across scholars of international law in leaders in a business future redefined by sustainability. Editors America with two journalism The Limits of Human Rights to Dan Esty ’86, Hillhouse Professor of Environmental Law and students in search of America’s consider the functional, prag- Policy, School of the Environment, and Clinical Professor of identity. Journeying at the transi- matic, and ideological limits of Environmental Law & Policy, Yale Law School, and Todd Cort, tion from the Obama Presidency human rights from an interdisci- Lecturer in Sustainability at the Yale School of Management, to the Trump Presidency, the plinary perspective. Each contri- compile the latest trends, tools, and thinking in environmental, interviews with America’s public bution is followed by a response social, and governance (ESG) metrics for investors. The book focus on issues of race, religion, from another scholar in order to showcases the work of authors from leading companies and gender, sexual orientation, and generate further debate about academic institutions across financial disclosure, portfolio immigration status in the hopes the arguments for and effects of assessment, ESG metrics construction, and law, as well as of discovering the ways in which the expansion of human rights. regulation. America’s cultural focuses have shifted.

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Robert Litan Dean Hashimoto Resolved: The Case for Masks: Science- Carlton F.W. Larson Michael A. Livermore and Debate Can Revolutionize Based Advice for Living During On Treason: Richard L. Revesz Education and Help the Coronavirus Pandemic A Citizen’s Guide to the Law Reviving Rationality: Save Our Democracy Simon and Schuster, 2020 Ecco/Harper Collins, 2020 Saving Cost-Benefit Analysis Brookings Institution Press, 2020 As COVID-19 spreads across the Inviting both scholar and book- for the Sake of the In an increasingly polarized globe, the debate in the United worm alike, On Treason tackles Environment and Our Health society, Litan ’77 advocates States over whether to wear the history and relevance of Oxford University Press, 2020 for schools to educate young masks has become enmeshed the only crime defined in the Americans on the powers of Revesz ’83 and coauthor with political affiliation, an American constitution: treason. great debaters, i.e. listening and Livermore examine four decades infringement of people’s free- Larson ’00 draws on two decades persuading with facts and logi- of bipartisan experience doms, and conflicting media of research, constitutional law, cal reasoning. Not only does the with the use of cost-benefit reports about the science behind and legal history to demonstrate book argue that debate skills analysis in U.S. regulatory masks as a solution to the pan- how treason is not the obvious increase public discourse, but decision making. With a detailed demic. Hashimoto ’84, a doctor clause that many believe it to be. claims that young people enjoy discussion of the regulatory and lawyer, offers a concise and learning with this platform. changes during the Trump compelling argument for the ben- Young people, equipped with administration, the book breaks efits of masks. these oratorical and reasoning down the role of partisan tools, find themselves encour- politics in influencing policies. aged to push further in under- standing opposing viewpoints and forming their own opinions.

Laurel Leff Well Worth Saving: Andrew Koppelman American Universities’ A Virus’s Effect Gay Rights vs. Life-and-Death Religious Liberty? Decisions on Refugees on Democracy The Unnecessary Conflict From Nazi Europe Paul W. Kahn ’80, Robert W. Oxford University Press, 2020 Yale University Press, 2019 Winner Professor of Law and the Companies and institutions with Leff ’93 msl revisits the role of Humanities at Yale Law School, and Miguel Poiares Maduro, Founding a strong religious ethos are not the American university in saving Miguel Poiares Maduro Director and Professor at the School exempt from antidiscrimination Europe’s intellectual elite in the and Paul W. Kahn, eds. of Transnational Governance of the laws, and gay rights activists fight midst of the Holocaust. Normally Democracy in European University Institute, use for the continued enforcement looked at as a triumphant ordeal, Times of Pandemic: of such statutes. Koppelman ’89 COVID-19 as a case study to examine Leff exposes how refugee Different Futures provides an overview and insight scholars were hand selected by the most important challenges to Imagined into the gay rights and religious American schools for tempered democratic governance today. The Cambridge University book tackles the democratic impacts liberty debate in America with- political ideologies, certain Press, 2020 out alienating either group and religious leanings, and genius of the pandemic on leadership, offers legislative compromise as in an area of study. The author citizenship, solidarity, populism, and globalization. Bringing the way to appease both. Going tells the tale of those scholars together some of today’s most creative thinkers, these further, Koppelman suggests that deemed not worth saving by the essays offer a variety of inquiries into democracy during the religious exemptions be offered American system and the hor- global pandemic with a view to imagining post-crisis political to those organizations who rors they were left to face during conditions. Authors of the essays include David Pozen ’07 and announce their views and bear the war. Henry R. Luce Professor of Jurisprudence Samuel Moyn. the backlash of doing so.

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SPOTLIGHT

Middle Ground on Guns? Marriage Equality A proposal for compromise A history of the fight for LGBTQ rights

Americans seeking gun control reforms face enor- For decades, John A. Garver Professor of mous political and constitutional difficulties. Gun Jurisprudence William Eskridge ’78 has advo- control legislation is at odds with the Supreme cated for LGBTQ rights through his scholar- Court’s interpretation of the Second Amendment, ship and as a national expert on sexuality, and the gun industry’s powerful lobbying­ efforts gender, and the law. oppose almost all reforms. In his book, Marriage Equality: From Outlaws Ian Ayres But in their book Weapon of Choice: Fighting William to In-Laws, Eskridge and coauthor Christopher R. Gun Violence While Respecting Gun Rights, Oscar Eskridge Riano provide a comprehensive examination of M. Ruebhausen Professor of Law Ian Ayres ’86 and coauthor the equal marriage movement — spanning from Frederick E. Vars ’99 look for a new way forward. 1967 until 2017, after the Supreme Court’s landmark 2015 They argue that new kinds of interventions — what they decision in Obergefell v. Hodges made marriage equality the term “choice-enhancing” gun control — can empower people law of the land. and expand individual freedom while saving lives. As a comple- In September 1969, University of Minnesota law student ment to existing regulations, the authors provide a plan to “make Jack Baker learned that Minnesota’s definition of marriage progress on gun violence without offending either the Supreme did not specifically mention gender, but parties. Since the Court…or the general public’s sense of justice.” statute did not specifically say that only an adult male and The data is startling. Nearly 40,000 people in the U.S. died of female could marry, Baker argued that “what is not explicitly a firearm-related injury in 2016. Over half of those deaths were prohibited is permitted,” and Baker married Mike McConnell suicides. That year, the U.S. accounted for 35.3 percent of firearm on September 3, 1971 in what was later called a “wedding suicides and 23.1 percent of firearm homicides in the world. heard ’round the world,” that put gay marriage on the Through 10 different policy proposals that could be enacted national stage, and cracked “the constitutional closet” open, at the state level, Ayres and Vars suggest ways to give citizens as Eskridge and Riano write. new choices that could lead them to disarm themselves or help Eskridge and Riano dispel the notion that only gay men to disarm others, ultimately leading to a decrease in firearms- and lesbians propelled the equal marriage movement for- related deaths. ward, writing that straight women, One proposal, Donna’s Law, transgender and nonbinary people, allows people to voluntarily and people of color were major choose to restrict their ability voices and leaders in the fight. The to purchase or possess firearms, first lawsuit in the country seek- and can significantly decrease ing same-sex marriage rights, they suicide rates. The law gives note, was filed by a transgender people something new — the person in the early 1970s. And the option to cede their Second first federal lawsuit was filed by Amendment rights. Research Donna Burkett and Manonia Evans, shows that even a short delay a black couple in Wisconsin. in gun acquisition can lower sui- In the book, Eskridge and Riano cide rates, and the authors’ find- gather more than 500 interviews ings indicate a large percentage with famous as well as unheralded of people would self-restrict in marriage equality advocates to this way. In some states, even provide a complete picture of the the National Rifle Association movement and its setbacks, like has not opposed Donna’s Law. the Supreme Court’s 1986 decision Ian Ayres and William N. Eskridge Jr. and “Giving a broad swath of in Bowers v. Hardwick, which the Frederick E. Vars Christopher R. Riano citizens practicable ways to authors argue helped to invigorate Weapon of Choice: Marriage Equality: contribute to gun safety can the gay rights movement. The From Outlaws to In-Laws Fighting Gun Violence save thousands of lives a year,” decision, along with the AIDS epi- Yale University Press, 2020 While Respecting Ayres and Vars write, “if govern- demic, “motivated discussion of a Gun Rights ment can muster the political new family law concept, domestic Harvard University Press, 2020 will to act.” partnership, and then a fresh look at the marriage issue,” they write.

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SPOTLIGHT The Foundations of The Case for Climate Change Law and Economics How litigation has mobilized action

A functional conception of law Douglas Kysar, Joseph M. Field ’55 Professor of Law, and coeditor Jolene Lin of the National University of Singapore released their , Edward J. Phelps Professor of In The Rise of Law and Economics book, Climate Change Litigation in the Asia Pacific (Cambridge Law and Economics George L. Priest explains the origins of the field University Press), the first academic examination of climate of law and economics and its early sources of growth. Tracing the change litigation in the Asia Pacific region. The book explores with development of the field from its formative period in the early 20th deep insights how legal practice, especially litigation, mobilizes century through the founding of the American Law and Economics organizations and communities in the world’s most populous Association in 1991, Priest suggests the field emerged region around climate action and, specifically, decar- as the most powerful and most defensible method bonization. for implementing the functional conception of law. Kysar and Lin open by claiming that “any plau- Priest’s analysis of the field’s early years reveals sible solution to the world’s growing climate crisis how it came to influence both academic and gov- will need to take root in the Asia Pacific region,” ernmental understandings of the rule of law. and set the stage for the book’s argument. Priest begins by identifying how the Great In 14 chapters, the editors collected information Depression and New Deal legislation signaled a shift George L. Douglas from the coorganized international research work- in the understanding of law from a mechanism to Priest Kysar shop held in June 2018 between the Asia-Pacific define rights to a tool to enhance the welfare of soci- Centre for Environmental Law (APCEL), which Lin directs, and Yale ety. Chapters in The Rise of Law and Economics include examina- Law School. The workshop aimed to explore the state of climate tions of the intellectual founders of the field: Aaron Director and change litigation in the Asia Pacific region. By bringing together Ronald Coase, professors at the University of Chicago Law School both established and emerg- and Editors of the Journal of ing legal academics and Law and Economics; Richard practitioners from the Global Posner, also a professor at North and South, attendees the University of Chicago sought to examine the gal- Law School and a former U.S. vanizing power of litigation appeals court judge; Yale Law for countries like Pakistan, School’s Sterling Professor Indonesia, Malaysia, China, Emeritus of Law Guido and beyond. The book pro- Calabresi ’58, whose early work vides an in-depth analysis on accident law helped to move of case studies dealing with the field to include torts, con- climate change litigation in tracts, and property; Robert H. select jurisdictions in the Bork, also of Yale; and Henry Asia Pacific region. It also Manne. Together, Priest shows features a section on China’s how these scholars profoundly climate change litigation, as shaped the conceptions of the well as a rich academic anal- operation of law at the heart of ysis in understandable prose the field of law and economics. pulled from a wide range of A blend of historical and perspectives in the involved George L. Priest legal analysis, The Rise of Law Jolene Lin and legal community. The Rise of and Economics is a brief and Douglas Kysar, eds. Law and Economics: helpful introduction to the Climate Change Litigation An Intellectual History beginnings of an influential in the Asia Pacific Routledge, 2020 field, written by one of the Cambridge University Press, 2020 leading experts on law and economics. Priest has focused his research over the past two decades on antitrust, the operation of private and public insurance, and the role of the legal system in promoting economic growth. He is codirector of the John M. Olin Center for Law, Economics and Public Policy, which facilitates the scholarly work of the Yale law and economics faculty and supports student interest and research in the field.

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Lawrence Douglas ’89 Will He Go? Trump and the Looming Election Meltdown in 2020 Twelve/Hachette, 2020

Reyna Marder Gentin ’91 My Name is Layla TouchPoint Media, 2020 Gene Ludwig, ed. Nick Rostow and Beth Van Schaack The Vanishing Abraham Wagner Imagining Justice Graeme Gooday and American Dream Cybersecurity and Cyberlaw for Syria Steven Wilf ’95, eds. Disruption Books, 2020 Carolina Academic Press, 2020 Oxford University Press, 2020 Patent Cultures: Ludwig ’73 recounts the 2019 Rostow ’82 and Abraham Wagner Van Schaack ’97 provides an Diversity and Harmonization bipartisan symposium of the look at modern developments­ in extensive discussion of the his- in Historical Perspective United States’ most distin- communication and information tory and current situation in Syria, Cambridge University Press, 2020 guished and respected economic technologies that impact almost where massive international thinkers hosted at Yale Law all aspects of modern life with a crimes are being investigated and David Hopen ’23 School. The forum discussed how particular focus on the legal ramifi- documented, but perpetrators The Orchard the growing wealth gap between cations in areas such as law enforce- have not been held to account. HarperCollins, 2020 low- and moderate-income ment, national security, IP, privacy, She then explores a variety of Americans and their wealthier contracts, and tort law. This volume routes to justice, encompassing Vincent R. Johnson ’79 llm co-citizens is increasingly more of work presents both a background both law and policy, that have Advanced Tort Law: noticeably polarized. Ludwig for understanding the critical issues been proposed within multi- A Problem Approach, presents the American Dream of these developments and numer- lateral initiatives and by civil 3rd edition as an unattainable myth and ous expert perspectives and noted society actors. The international Carolina Academic Press, 2020 offers a forum of solutions to case material. courts, domestic jurisdiction, give life to the American Dream civil suits, and transitional justice Stefan H. Krieger, yet again. approaches are among the inno- Richard K. Neumann Jr., and vative proposals considered. Renée M. Hutchins ’93 Essential Lawyering Skills: Interviewing, Counseling, ALSO OF NOTE Negotiation, and Persuasive John Bolton ’74 Fact Analysis The Room Where Wolters Kluwer, 2020 It Happened: Gene Sperling A White House Memoir Mary Marantz ’06 Economic Dignity Simon & Schuster, 2020 Dirt Penguin Random House, 2020 Baker Publishing Group, 2020 Andrej Auersperger Matić While shaping and implementing Just Words Richard C. Cahn ’56 economic policy during the Obama Sarah E. Ricks ’90 and Cambridge University Press, 2020 Making Law: administration, Sperling ’85 noticed A Memoir of Good Times Evelyn M. Tenenbaum This book examines the role of a disconnect between policy opin- Gatekeeper Press, 2020 Current Issues in the European Court of Human ions of high-ranking Washingtonians Constitutional Litigation: Rights in promoting standards of and the economic implications of Greg Colvin ’71 A Context and Practice effective civil justice in Europe. those policy decisions. The tradi- Fiscal Sponsorship: Casebook, 3rd edition Matić ’99 llm defines judicial tional arguments and old divisions 6 Ways to Do It Right Carolina Academic Press, 2020 effectiveness as composed of around pro-market ideology failed three main components: the in capturing how modern economic Study Center Press, 2020 Michael Sandler ’72 length, cost, and predictability of policy fosters economic exploita- The Lamps of History proceedings. The book analyzes tion, insecurity, and disillusionment Michael C. Davis ’84 case law from a pragmatic and that previously slipped by unnoticed Making Hong Kong China: FutureCycle Press, 2021 empirical perspective, allowing within the system. Economic Dignity The Rollback of the reader to understand the is Sperling’s effort to reflect on the Human Rights and distinction between rights and ultimate goals of the United States's the Rule of Law policy as often superficial and economic system and frame eco- Association for Asian judging as a complex practice. nomic action with moral and intel- Studies, 2020 lectual seriousness.

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