Synopses & Reviews
In recent years, the United States has been more polarized and divided than ever. This fissure is evident across the nation in conflict over LGBTQ rights; in challenges to religious liberty; in clashes over abortion; in tensions between law enforcement and minority communities. With all of this physical and emotional violence enacted by our legal system and such seemingly irresolvable differences in beliefs, values, and identities across the country, we are forced to ask—how can this nation ever live in peace together?
In Confident Pluralism, John D. Inazu analyzes the current state of the country, orients the contemporary United States within its broader history, and explores the ways that Americans can—and must—live together peaceably in the future despite these deeply engrained differences. Pluralism is one of the founding creeds of the United States—yet America’s society and legal system continues to face deep, unsolved structural problems in dealing with differing cultural anxieties, and minority viewpoints. Inazu not only argues that it is possible to cohabitate peacefully in this country, but lays out realistic guidelines for our society and legal system to achieve the new American dream through civic practices that value toleration over protest, humility over defensiveness, and persuasion over coercion.
An essential clarion call during one of the most troubled times in US history, Confident Pluralism offers a refreshing argument for how the legal system can protect peoples’ personal beliefs and inherent right to differ, and how we can build towards a healthier future of tolerant, patient, and anti-discriminatory institutional pluralism.
Review
'“Steven J. Heymans liberal humanism exhibits a profound understanding of the tragic conflicts often presented in free speech cases. This is an exciting contribution to the first amendment literature.”Steven Shiffrin, Charles Frank Reavis Sr. Professor of Law, Cornell University
-- Franco Mormando - America magazine'
Review
'“In
Free Speech and Human Dignity, Steve Heyman
shows us the original understanding of the First Amendment guarantees of free speech, thought, and worship as a part of a broad array of natural rights including dignity, personal security, personality, and community. This important book gives us a fresh interpretation of the First Amendment that is both liberal and humanist and leaves the reader with a far deeper appreciation of the natural rights tradition at its heart.”Robin West, Professor of Law, Georgetown University Law Center
-- Steven Shiffrin'
Review
"
Free Speech and Human Dignity offers an elegant, clear-headed, and fair-minded argument for the regulation of speech that is inconsistent with human dignity. Heyman presents the most convincing possible case for the legal prohibition of such speech. His book should be studied by all who are concerned to understand this difficult and significant issue."Robert Post, David Boies Professor of Law, Yale Law School
-- Robin West
Review
“A fascinating work demonstrating how insights from the eighteenth century may properly inform answers to pressing constitutional problems of the present.”Mark Graber, Professor of Law and Government, University of Maryland School of Law and author of
Dred Scott and the Problem of Constitutional Evil -- Robert Post
Review
"Josh Chafetz manages to combine scholarly care with an almost journalistic ability to write in an accessible fashion."Nick Barber, Oxford University
-- Piotr Wrbel - Slavic Review
Review
"A very distinguished work. Chafetz is beautifully clear and deals with an interesting problem concerning parliamentary government in Britain and America in a comparative manner. I do not know of any work which covers the ground in a similar way."Vernon Bogdanor, Oxford University
-- Nick Barber
Review
"This book heralds the arrival of an important new scholar in the fields of comparative constitutional law and legal history. Fitting a broad range of institutional details into a comprehensive and subtle theoretical framework, Chafetz shows how Congressional privileges in America and Parliamentary privileges in England sprang from common origins but then evolved along separate paths as a result of basic differences in the political ecosystems. An excellent chronicle of the evolution of legislative privileges from the parliamentary supremacy of England to the popular sovereignty in kingless America."Akhil Amar, Yale Law School
-- Vernon Bogdanor
Review
“A thorough and well-researched treatment of an important and neglected topic. Chafetzs historical overview on legislative privilege deserves to become a well-known point of reference.”Adrian Vermeule, Professor of Law, Harvard Law School
-- Akhil Amar
Review
“In this important, sensible, and brilliantly argued book, Koppelman and Wolff cogently question, as incoherent law and bad policy, the view of our Supreme Court that a nonsectarian, noncommercial group, the Boy Scouts, have a constitutional right to discriminate, hobbling reasonable legislative efforts to protect vulnerable gay youth from the sometimes deadly ravages of homophobic prejudice.”David A.J. Richards, Edwin D. Webb Professor of Law, New York University
-- Cornelis P. Venema - Mid-America Journal of Theology
Review
"A short and sharp critique of broad constitutional protection for the association rights of non-profit organizations. The best extant defense of government intervention into the membership policies of organizations like the Boy Scouts of America."David E Bernstein, Professor, George Mason University School of Law and author,
You Cant Say That! The Growing Threat to Civil Liberties from Antidiscrimination Laws -- David AJ Richards
Review
“Andrew Koppelman and Tobias Wolff demolish the reasoning behind the Supreme Court decision holding that the Boy Scouts have a constitutional right to discriminate against gaysand also give us an incisive, subtle analysis of freedom of association.”David A. Strauss, Gerald Ratner Distinguished Service Professor of Law, The University of Chicago Law School
-- David E Bernstein
Review
"Mark Tushnet is the leading constitutional scholar of his generation. In this book, he addresses constitutional laws central questions: How and why does the Constitution matter? His answers – both persuasive and deeply disturbing – will surprise virtually all of his readers."Louis Michael Seidman, Carmack Waterhouse Professor of Constitutional Law, Georgetown University Law Center -- Andrea Wulf - New York Times Book Review
Review
“Mark Tushnet has squared the circle by writing a book that is both accessible and highly sophisticated. It offers an engaging précis of Tushnets own thought, and also of a large body of recent work at the intersection of legal theory and political science. Yet it refuses to oversimplify and itself makes fresh theoretical contributions. An admirable achievement that should improve public discourse about the role of the Constitution.”Adrian Vermeule, Harvard Law School -- Louis Michael Seidman
Review
“An outstanding introduction to the many ways that the Constitution shapes American politics, and politics shapes American constitutional law.”Jack M. Balkin, Knight Professor of Constitutional Law and the First Amendment, Yale Law School -- Adrian Vermeule
Review
“Mark Tushnet has issued another bold challenge to constitutional orthodoxy in the United States. His incisive examination of how the Constitution of the United States does more to structure politics than dictate specific outcomes will fascinate lawyers, political scientists and citizens.”Mark Grabar, Professor of Law and Government, University of Maryland -- Jack M. Balkin
Review
“Mark Tushnet has written a profoundly important and illuminating book in a wonderfully conversational style. Its emphasis on the importance of structures--and, especially, political partiesis an important corrective to the common reduction of the Constitution to a system of ‘fundamental rights. It deserves to be read by scholars, students, and citizens alike who wish to learn what difference it might truly make that we conduct our politics under the aegis of the Constitution.”Sanford Levinson, author of
Our Undemocratic Constitution: Where the Constitution Goes Wrong (and How We the People Can Correct It) -- Mark Grabar
Review
"The book is an enjoyable read, written in con -- Sanford Levinson
Review
"Inazu offers the most thorough survey we have of the changing conceptions of freedom of assembly in America."—Andrew Koppelman, author of A Right to Discriminate? How the Case of Boy Scouts of America v. James Dale Warped the Law of Free Association
Review
“The Framers of the Bill of Rights took care to protect not just speech, but speech in association with others, which they called "freedom of assembly." The Supreme Court, of late, has reduced this important right to a mere appendage to freedom of speech. This important book explains why an independent right of assembly or association matters to civil liberties, and why it is in danger,”—Michael McConnell, Richard & Frances Mallery Professor and Director of the Constitutional Law Center, Stanford Law School.
Review
“An original, important, and provocative (in a good way) work… Inazu writes beautifully, he has researched exhaustively, and he keeps the reader’s attention through an impressive range of topics and history…The book is a pleasure to read,”—Robert K. Vischer, author of
Conscience and the Common Good: Reclaiming the Space Between Person and StateReview
“The First Amendment's guarantee of "the right of the people peaceably to assemble" is the neglected stepchild of modern constitutional law. John Inazu's Liberty's Refuge breathes new life into the clause. His careful historical and analytical reading of the clause explains it as a core component of the constitutional protections available to all individuals”—Richard Epstein, Design for Liberty: Private Property, Public Administration, and the Rule of Law
Review
"This is a splendid act of retrieval. John Inazu argues that the courts for years have focused on the invented doctrine of “freedom of association,” a doctrine that is focused narrowly on speech and easily overcome by competing state interests. As a result, a key First Amendment right—the right to peaceably assemble—has disappeared. In arguing for its return, Inazu reminds us of a strong American tradition of assembly: one that recognizes that state is not the only “sovereign” in American life, that groups play a vital role in our social infrastructure, and that their meaning goes far beyond their “message.” His book provides a strong challenge to current law and scholarship, and raises deep questions about the meaning of the First Amendment and the nature of society. Thoughtfully argued, beautifully written, drawing on a wealth of sources, Inazus book is a valuable contribution to First Amendment law and theory." —Paul Horwitz, Gorden Rosen Professor, University of Alabama School of Law
Review
“An important new book.”—Michael W. McConnell,
First ThingsSynopsis
Debates over hate speech, pornography, and other sorts of controversial speech raise issues that go to the core of the First Amendment. Supporters of regulation argue that these forms of expression cause serious injury to individuals and groups, assaulting their dignity as human beings and citizens. Civil libertarians respond that our commitment to free speech is measured by our willingness to protect it, even when it causes harm or offends our deepest values.
In this important book, Steven J. Heyman presents a theory of the First Amendment that seeks to overcome the conflict between free speech and human dignity. This liberal humanist theory recognizes a strong right to freedom of expression while also providing protection against the most serious forms of assaultive speech. Heyman then uses the theory to illuminate a wide range of contemporary disputes, from flag burning and antiabortion demonstrations to pornography and hate speech.
Synopsis
This book is the first to compare the freedoms and protections of members of the United States Congress with those of Britains Parliament. Placing legislative privilege in historical context, Josh Chafetz explores how and why legislators in Britain and America have been granted special privileges in five areas: jurisdictional conflicts between the courts and the legislative houses, freedom of speech, freedom from civil arrest, contested elections, and the disciplinary powers of the houses.
Legislative privilege is a crucial component of the relationship between a representative body and the other participants in government, including the people. In recounting and analyzing the remarkable story of how parliamentary government emerged and evolved in Britain and how it crossed the Atlantic, Chafetz illuminates a variety of important constitutional issues, including the separation of powers, the nature of representation, and the difference between written and unwritten constitutionalism. This book will inspire in readers a much greater appreciation for the rise and triumph of democracy.
Synopsis
Should the Boy Scouts of America and other noncommercial associations have a right to discriminate when selecting their members?Does the state have a legitimate interest in regulating the membership practices of private associations? These questions-- raised by Boy Scouts of America v. Dale, in which the Supreme Court ruled that the Scouts had a right to expel gay members-- are at the core of this provocative book, an in-depth exploration of the tension between freedom of association and antidiscrimination law.
The book demonstrates that the right” to discriminate has a long and unpleasant history. Andrew Koppelman and Tobias Wolff bring together legal history, constitutional theory, and political philosophy to analyze how the law ought to deal with discriminatory private organizations.
Synopsis
In this surprising and highly unconventional work, Harvard law professor Mark Tushnet poses a seemingly simple question that yields a thoroughly unexpected answer. The Constitution matters, he argues, not because it structures our government but because it structures our politics. He maintains that politicians and political partiesnot Supreme Court decisionsare the true engines of constitutional change in our system. This message will empower all citizens who use direct political action to define and protect our rights and liberties as Americans.
Unlike legal scholars who consider the Constitution only as a blueprint for American democracy, Tushnet focuses on the ways it serves as a framework for political debate. Each branch of government draws substantive inspiration and procedural structure from the Constitution but can effect change only when there is the political will to carry it out. Tushnets political understanding of the Constitution therefore does not demand that citizens pore over the specifics of each Supreme Court decision in order to improve our nation. Instead, by providing key facts about Congress, the president, and the nature of the current constitutional regime, his book reveals not only why the Constitution matters to each of us but also, and perhaps more important, how it matters.
Synopsis
The Constitution was written to shape human behavior and affairs, and it does so by appealing to peoples hearts, not only their minds. An interdisciplinary analysis sheds new light on the emotions that underlie constitutional law, with many cogent examples.
Synopsis
This original and provocative book looks at an important constitutional freedom that today is largely forgotten: the right of assembly. While this right lay at the heart of some of the most important social movements in American history—abolitionism, women's suffrage, the labor and civil rights movements—courts now prefer to speak about the freedoms of association and speech. But the right of “expressive association” undermines protections for groups whose purposes are demonstrable not by speech or expression but through ways of being. John D. Inazu demonstrates that the forgetting of assembly and the embrace of association lose sight of important dimensions of our constitutional tradition.
Synopsis
“Pluralism” is one of the founding creeds of our United States of America, with the famous motto “E pluribus unum” (“Out of many, one”) emblazoned on the Great Seal. Yet free, liberal American society still faces certain structural problems in accommodating cultural anxieties, minority views, and significant heterodoxies. John D. Inazu takes stock of this ongoing problem and offers a theory of American jurisprudence that is intended to advance progress toward a formal legal regime that generally invites tolerance, humility, and patient persuasion. Inazu believes that member of our society can and must live together peaceably in spite of deep and irresolvable differences in our beliefs, values, identities, and groups. Written by the leading authority on the First Amendment, Confident Pluralism: Surviving and Thriving Through Deep Difference invites people to have the courage in their convictions, to assume a confidence built on security and comfort, and to avoid civic engagements built on anxiety and chauvinism.
About the Author
Josh Chafetz is a student at Yale Law School where he is an editor for the Yale Law & Policy Review and the Yale Law Journal. He received his doctorate in politics from Oxford, where he studied as a Rhodes Scholar. He has written for the New York Times Book Review, New Republic, Commentary, Weekly Standard, and other journals. He lives in New Haven.