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Showing 1 - 17 of 17 matches in All Departments
View the Table of Contents. Read the Introduction. aBrings together some of Americaas brightest legal minds to make
the best arguments available for and against the constitutional
right to abortion. An exceptional volume and essential for anyone
who wants to understand the constitutional debate about
"Roe,"a "The interest of the whole lies precisely in its depiction
within a single volume of where the debate stands." "Reading Jack Balkin's edited book, "What Roe v. Wade Should
Have Said," conjures up thoughts in the reader, like 'darn, I wish
I had thought of that.'" aThis array of intelligent and serious alternatives to the
Court's stunningly inadequate opinion in "Roe v. Wade" asome
reaching the same, some the opposite conclusion, some in between
ais the most convincing argument against any litmus test on this
subject either way for future Supreme Court Justices.a "Whatever beliefs you may hold concerning these issues, you will
find those beliefs subjected to thoughtful--even
passionate--challenge in at least one of these opinions." ""What Roe v. Wade Should Have Said" provides vigorous and
diverse substitute opinions by leading scholars that broaden,
deepen, and improve the current debates while sharpening what a
supreme court can and cannot do on such a highly disputed
matter." "In an era in which it's entirely possible that someone else is
actually going to get to reimagine what"Roe v. Wade" should have
said, this book is an interesting fantasy excercise." 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 women had a constitutional right to safe and legal abortions. Three decades later, Roe v. Wade remains one of the Supreme Court's most controversial decisions, and political struggles over abortion rights still divide American politics. Roe has emerged as a central issue in federal judicial nominations, becoming a powerful symbol in debates about judicial restraint, judicial activism, and the proper role of courts in a democratic society. In "What Roe v. Wade Should Have Said," eleven distinguished constitutional scholars rewrite the opinions in this landmark case in light of thirty years of experience but making use only of sources available at the time of the original decision. Taking positions both for and against the constitutional right to abortion, the contributors offer novel and illuminating arguments that get to the heart of this fascinating case. In addition, Jack Balkin gives a detailed introduction to "Roe v. Wade," chronicling the history of the "Roe" litigation, the constitutional and political clashes that followed it, and the state of abortion rights in the U.S. today. Contributing their versions of "Roe" are: Anita Allen, Akhil Amar, Jack M. Balkin, Teresa Stanton Collett, Michael Stokes Paulsen, Jeffrey Rosen, Jed Rubenfeld, Reva Siegel, Cass Sunstein, Mark Tushnet, and Robin West.
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 v. Wade Should Have Said asked eleven distinguished constitutional scholars to rewrite the opinions in this landmark case in light of thirty years' experience but making use only of sources available at the time of the original decision. Offering the best arguments for and against the constitutional right to abortion, the contributors have produced a series of powerful essays that get to the heart of this fascinating case. In addition, Jack Balkin gives a detailed historical introduction that chronicles the Roe litigation-and the constitutional and political clashes that followed it-and explains the Dobbs decision and its aftermath.
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 presidential history is only a symptom of deeper problems of political culture and constitutional design. Democracy and Dysfunction brings together two of the leading constitutional law scholars of our time, Sanford Levinson and Jack M. Balkin, in an urgently needed conversation that seeks to uncover the underlying causes of our current crisis and their meaning for American democracy. In a series of letters exchanged over a period of two years, Levinson and Balkin travel--along with the rest of the country--through the convulsions of the 2016 election and Trump's first year in office. They disagree about the scope of the crisis and the remedy required. Levinson believes that our Constitution is fundamentally defective and argues for a new constitutional convention, while Balkin, who believes we are suffering from constitutional rot, argues that there are less radical solutions. As it becomes dangerously clear that Americans--and the world--will be living with the consequences of this pivotal period for many years to come, it is imperative that we understand how we got here--and how we might forestall the next demagogue who will seek to beguile the American public.
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.
"A stimulating debate of a great case." "Balkan offers his own assessment in a critical introduction and
the iconic impact of "Brown,"" "Balkin persuasively argues that the courts play a vital role in
tempering the nation's political and legal mechanisms." "Passionate, intelligent, accessible, and eloquent. If only the
real court would follow suit." "A remarkable collection of writings. The eminent scholars it
features articulate with insight and passion a wide range of views.
No other book better relates the Supreme Court's landmark decision
of 1954 to the debates and anxieties of our own time." "A critical introduction to the original ruling." "Brown v. Board of Education," the Supreme Court's landmark 1954 decision ordering the desegregation of America's public schools, is perhaps the most famous case in American constitutional law. Criticized and even openly defied when first handed down, in half a century Brown has become a venerated symbol of equality and civil rights. Its meaning, however, remains as contested as the case is celebrated. In the decades since the original decision, constitutional interpreters of all stripes have found within it different meanings. Both supporters and opponents of affirmative action have claimed the mantle of Brown, criticizing the other side for betraying its spirit. Meanwhile, the opinion itself has often been criticized as bland and uninspiring, carefully written to avoid controversy and maintain unanimity among the Justices. As the50th anniversary of Brown approaches, America's schools are increasingly divided by race and class. Liberals and conservatives alike harbor profound regrets about the development of race relations since Brown, while disagreeing heatedly about the proper role of the courts in promoting civil equality and civil rights. In this volume, nine of America's top constitutional and civil rights experts have been challenged to rewrite the Brown decision as they would like it to have been written, incorporating what they now know about the subsequent history of the United States but making use of only those sources available at the time of the original decision. In addition, Jack Balkin gives a detailed introduction to the case, chronicling the history of the litigation in Brown, and explaining the current debates over its legacy. Contributors include: Bruce Ackerman, Jack M Balkin, Derrick A. Bell, Drew S. Days, John Hart Ely, Catharine A. MacKinnon, Michael W. McConnell, Frank I Michelman, and Cass R. Sunstein.
View the Table of Contents. "This is a spectacular collection of essays on the present and
future of virtual worlds. It's a perfect introduction for those who
have yet to experience them, and more important, a thoughtful
companion for those who do." "The State of Play is an extremely comprehensive look into
digital worlds and how those worlds are evolving cultures, changing
lives, reshaping the way we think and communicate. If you want to
understand where modern culture is headed and learn more about
incredibly fascinating experiences taking place in virtual worlds,
pick up and read this book now." "These essays, by the best thinkers in their fields, will be
read, debated, taught, and cited in court cases as we struggle to
figure out how to live in a world which is part digital and part
social, part real and part imaginary." aIs useful and interesting for students of surveillance.a--"Surveillance & Society" aWith diverse essays from game designers, social scientists and
legal scholars, The State of Play is a provocative consideration of
virtual jurisprudence.a aFor those who want to skip over the hype and dive into the
issue, it is hard to imagine a better resource.a aReading The State of Play is an adventure. It is the first real
step of a journey into the outer limits of the physical world and
the inner realms of the virtualwithin the boundaries of societyas
comfort zone. It is an exploratory glimpse into how digital worlds
may change the future, reshape our own reflection, and challenge
real-world laws.a a...traces the fate of playtime over the centuries.a The State of Play presents an essential first step in understanding how new digital worlds will change the future of our universe. Millions of people around the world inhabit virtual words: multiplayer online games where characters live, love, buy, trade, cheat, steal, and have every possible kind of adventure. Far more complicated and sophisticated than early video games, people now spend countless hours in virtual universes like Second Life and Star Wars Galaxies not to shoot space invaders but to create new identities, fall in love, build cities, make rules, and break them. As digital worlds become increasingly powerful and lifelike, people will employ them for countless real-world purposes, including commerce, education, medicine, law enforcement, and military training. Inevitably, real-world law will regulate them. But should virtual worlds be fully integrated into our real-world legal system or should they be treated as separate jurisdictions with their own forms of dispute resolution? What rules should govern virtual communities? Should the law step in to protect property rights when virtual items are destroyed or stolen? These questions, and many more, are considered in The State of Play, where legal experts, game designers, and policymakers explore the boundaries of free speech, intellectual property, and creativity in virtual worlds. The essays explore both the emergence of law inmultiplayer online games and how we can use virtual worlds to study real-world social interactions and test real-world laws. Contributors include: Jack M. Balkin, Richard A. Bartle, Yochai Benkler, Caroline Bradley, Edward Castronova, Susan P. Crawford, Julian Dibbell, A. Michael Froomkin, James Grimmelmann, David R. Johnson, Dan Hunter, Raph Koster, F. Gregory Lastowka, Beth Simone Noveck, Cory Ondrejka, Tracy Spaight, and Tal Zarsky.
As important to Chinese civilization as the Bible is to Western culture, the I Ching or Book of Changes is one of the oldest treasures of world literature. In this masterful new interpretation, Jack Balkin returns the I Ching to its rightful place as a book of wisdom that teaches how to live one's life in a changing and confusing world. Balkin's comprehensive and perceptive commentaries highlight a clear, understandable version of the core text of the I Ching that preserves its striking imagery while remaining faithful to the long tradition of ethical interpretations of the work. The Laws of Change: I Ching and the Philosophy of Life offers the most detailed commentaries available in English on the I Ching's ethical and philosophical teachings, a comprehensive survey of different methods of consulting the I Ching, and an excellent history of the I Ching's transformation from a Bronze Age diviner's manual to a beloved book of wisdom that lies at the very heart of Chinese culture. This is an indispensable work for anyone who wants to understand the I Ching and its history.
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 important roles in the ongoing project of constitutional construction. By making firm rules but also deliberately incorporating flexible standards and abstract principles, the Constitution's authors constructed a framework for politics on which later generations could build. Americans have taken up this task, producing institutions and doctrines that flesh out the Constitution's text and principles. Balkin's analysis offers a way past the angry polemics of our era, a deepened understanding of the Constitution that is at once originalist and living constitutionalist, and a vision that allows all Americans to reclaim the Constitution as their own.
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 v. Wade Should Have Said asked eleven distinguished constitutional scholars to rewrite the opinions in this landmark case in light of thirty years’ experience but making use only of sources available at the time of the original decision. Offering the best arguments for and against the constitutional right to abortion, the contributors have produced a series of powerful essays that get to the heart of this fascinating case. In addition, Jack Balkin gives a detailed historical introduction that chronicles the Roe litigation—and the constitutional and political clashes that followed it—and explains the Dobbs decision and its aftermath.
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. Jack M. Balkin is Knight Professor of Constitutional Law and the First Amendment at Yale Law School, and the Founder and Director of Yale's Information Society Project (ISP). He is the co-editor of The State of Play: Law, Games, and Virtual Worlds, also from NYU Press. James Grimmelmann, Nimrod Kozlovski, Shlomit Wagman, and Tal Zarsky are Fellows of the ISP. Eddan Katz is the Executive Director of the Information Society Project.
Constitutional scholars rewrite the landmark decision 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 women had a constitutional right to safe and legal abortions. Three decades later, Roe v. Wade remains one of the Supreme Court's most controversial decisions, and political struggles over abortion rights still divide American politics. Roe has emerged as a central issue in federal judicial nominations, becoming a powerful symbol in debates about judicial restraint, judicial activism, and the proper role of courts in a democratic society. In What Roe v. Wade Should Have Said, eleven distinguished constitutional scholars rewrite the opinions in this landmark case in light of thirty years of experience but making use only of sources available at the time of the original decision. Taking positions both for and against the constitutional right to abortion, the contributors offer novel and illuminating arguments that get to the heart of this fascinating case. In addition, Jack Balkin gives a detailed introduction to Roe v. Wade, chronicling the history of the Roe litigation, the constitutional and political clashes that followed it, and the state of abortion rights in the U.S. today. Contributing their versions of Roe are: Anita Allen, Akhil Amar, Jack M. Balkin, Teresa Stanton Collett, Michael Stokes Paulsen, Jeffrey Rosen, Jed Rubenfeld, Reva Siegel, Cass Sunstein, Mark Tushnet, and Robin West.
"A stimulating debate of a great case." "Balkan offers his own assessment in a critical introduction and
the iconic impact of "Brown,"" "Balkin persuasively argues that the courts play a vital role in
tempering the nation's political and legal mechanisms." "Passionate, intelligent, accessible, and eloquent. If only the
real court would follow suit." "A remarkable collection of writings. The eminent scholars it
features articulate with insight and passion a wide range of views.
No other book better relates the Supreme Court's landmark decision
of 1954 to the debates and anxieties of our own time." "A critical introduction to the original ruling." "Brown v. Board of Education," the Supreme Court's landmark 1954 decision ordering the desegregation of America's public schools, is perhaps the most famous case in American constitutional law. Criticized and even openly defied when first handed down, in half a century Brown has become a venerated symbol of equality and civil rights. Its meaning, however, remains as contested as the case is celebrated. In the decades since the original decision, constitutional interpreters of all stripes have found within it different meanings. Both supporters and opponents of affirmative action have claimed the mantle of Brown, criticizing the other side for betraying its spirit. Meanwhile, the opinion itself has often been criticized as bland and uninspiring, carefully written to avoid controversy and maintain unanimity among the Justices. As the50th anniversary of Brown approaches, America's schools are increasingly divided by race and class. Liberals and conservatives alike harbor profound regrets about the development of race relations since Brown, while disagreeing heatedly about the proper role of the courts in promoting civil equality and civil rights. In this volume, nine of America's top constitutional and civil rights experts have been challenged to rewrite the Brown decision as they would like it to have been written, incorporating what they now know about the subsequent history of the United States but making use of only those sources available at the time of the original decision. In addition, Jack Balkin gives a detailed introduction to the case, chronicling the history of the litigation in Brown, and explaining the current debates over its legacy. Contributors include: Bruce Ackerman, Jack M Balkin, Derrick A. Bell, Drew S. Days, John Hart Ely, Catharine A. MacKinnon, Michael W. McConnell, Frank I Michelman, and Cass R. Sunstein.
Rewriting the Supreme Court's landmark gay rights decision Jack Balkin and an all-star cast of legal scholars, sitting as a hypothetical Supreme Court, rewrite the famous 2015 opinion in Obergefell v. Hodges, which guaranteed same-sex couples the right to marry. In eleven incisive opinions, the authors offer the best constitutional arguments for and against the right to same-sex marriage, and debate what Obergefell should mean for the future. In addition to serving as Chief Justice of this imaginary court, Balkin provides a critical introduction to the case. He recounts the story of the gay rights litigation that led to Obergefell, and he explains how courts respond to political mobilizations for new rights claims. The social movement for gay rights and marriage equality is a powerful example of how-through legal imagination and political struggle-arguments once dismissed as "off-the-wall" can later become established in American constitutional law.
Political constitutions, hammered out by imperfect human beings in periods of intense political controversy, are always compromises with injustice. What makes the U.S. Constitution legitimate, argues this daring book, is Americans enduring faith that the Constitution s promises can someday be redeemed, and the constitutional system be made a more perfect union. A leading constitutional theorist, Balkin argues eloquently that the American constitutional project is based in faith, hope, and a narrative of shared redemption. Our belief that the Constitution will deliver us from evil shows in the stories we tell one another about where our country came from and where it is headed, and in the way we use these historical touchstones to justify our fervent (and opposed) political creeds. Because Americans have believed in a story of constitutional redemption, we have assumed the right to decide for ourselves what the Constitution means, and have worked to persuade others to set it on the right path. As a result, constitutional principles have often shifted dramatically over time. They are, in fact, often political compromises in disguise. What will such a Constitution become? We cannot know. But our belief in the legitimacy of the Constitution requires a leap of faith a gamble on the ultimate vindication of a political project that has already survived many follies and near-catastrophes, and whose destiny is still over the horizon.
The Constitution in 2020 is a powerful blueprint for implementing a more progressive vision of constitutional law in the years ahead. Edited by two of America's leading constitutional scholars, the book provides a new framework for addressing the most important constitutional issues of the future in clear, accessible language. Featuring some of America's finest legal minds--Cass Sunstein, Bruce Ackerman, Robert Post, Harold Koh, Larry Kramer, Noah Feldman, Pam Karlan, William Eskridge, Mark Tushnet, Yochai Benkler and Richard Ford, among others--the book tackles a wide range of issues, including the challenge of new technologies, presidential power, international human rights, religious liberty, freedom of speech, voting, reproductive rights, and economic rights. The Constitution in 2020 calls on liberals to articulate their constitutional vision in a way that can command the confidence of ordinary Americans.
View the Table of Contents. "This is a spectacular collection of essays on the present and
future of virtual worlds. It's a perfect introduction for those who
have yet to experience them, and more important, a thoughtful
companion for those who do." "The State of Play is an extremely comprehensive look into
digital worlds and how those worlds are evolving cultures, changing
lives, reshaping the way we think and communicate. If you want to
understand where modern culture is headed and learn more about
incredibly fascinating experiences taking place in virtual worlds,
pick up and read this book now." "These essays, by the best thinkers in their fields, will be
read, debated, taught, and cited in court cases as we struggle to
figure out how to live in a world which is part digital and part
social, part real and part imaginary." aIs useful and interesting for students of surveillance.a--"Surveillance & Society" aWith diverse essays from game designers, social scientists and
legal scholars, The State of Play is a provocative consideration of
virtual jurisprudence.a aFor those who want to skip over the hype and dive into the
issue, it is hard to imagine a better resource.a aReading The State of Play is an adventure. It is the first real
step of a journey into the outer limits of the physical world and
the inner realms of the virtualwithin the boundaries of societyas
comfort zone. It is an exploratory glimpse into how digital worlds
may change the future, reshape our own reflection, and challenge
real-world laws.a a...traces the fate of playtime over the centuries.a The State of Play presents an essential first step in understanding how new digital worlds will change the future of our universe. Millions of people around the world inhabit virtual words: multiplayer online games where characters live, love, buy, trade, cheat, steal, and have every possible kind of adventure. Far more complicated and sophisticated than early video games, people now spend countless hours in virtual universes like Second Life and Star Wars Galaxies not to shoot space invaders but to create new identities, fall in love, build cities, make rules, and break them. As digital worlds become increasingly powerful and lifelike, people will employ them for countless real-world purposes, including commerce, education, medicine, law enforcement, and military training. Inevitably, real-world law will regulate them. But should virtual worlds be fully integrated into our real-world legal system or should they be treated as separate jurisdictions with their own forms of dispute resolution? What rules should govern virtual communities? Should the law step in to protect property rights when virtual items are destroyed or stolen? These questions, and many more, are considered in The State of Play, where legal experts, game designers, and policymakers explore the boundaries of free speech, intellectual property, and creativity in virtual worlds. The essays explore both the emergence of law inmultiplayer online games and how we can use virtual worlds to study real-world social interactions and test real-world laws. Contributors include: Jack M. Balkin, Richard A. Bartle, Yochai Benkler, Caroline Bradley, Edward Castronova, Susan P. Crawford, Julian Dibbell, A. Michael Froomkin, James Grimmelmann, David R. Johnson, Dan Hunter, Raph Koster, F. Gregory Lastowka, Beth Simone Noveck, Cory Ondrejka, Tracy Spaight, and Tal Zarsky.
Read Chapter One. Every discipline has its canon: the set of standard texts, approaches, examples, and stories by which it is recognized and which its members repeatedly invoke and employ. Although the last twenty-five years have seen the influence of interdisciplinary approaches to legal studies expand, there has been little recent consideration of what is and what ought to be canonical in the study of law today. Legal Canons brings together fifteen essays which seek to map out the legal canon and the way in which law is taught today. In order to understand how the twin ideas of canons and canonicity operate in law, each essay focuses on a particular aspect, from contracts and constitutional law to questions of race and gender. The ascendance of law and economics, feminism, critical race theory, and gay legal studies, as well as the increasing influence of both rational-actor methodology and postmodernism, are all scrutinized by the leading scholars in the field. A timely and comprehensive volume, Legal Canons articulates the need for, and means to, opening the debate on canonicity in legal studies. Table of Contents
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