Political Law

In July of 1987, Judge Robert H. Bork was nominated to the Supreme Court by Ronald Reagan, but by late October that year, his confirmation was denied. In this candid account of his experiences, Bork describes the Senate Judiciary Committee's hearing from his point of view. He also expounds on his view of politics versus the law, which he was able to see in action during this period. A warning against the politicization of American law, The Tempting of America is a fascinating, insider's perspective about the nominating process and its impact on the Supreme Court.

From the late 19th century through the 1930s, scholars of politics defined and continually reoriented their field in response to the political imperatives of the racial order at home and abroad as well to as the vagaries of race science. The Gilded Age scholars who founded the first university departments and journals located sovereignty and legitimacy in a "Teutonic germ" of liberty planted in the new world by Anglo-Saxon settlers and almost extinguished in the conflict over slavery.

Nearly every aspect of our criminal justice system encourages defendants-whether innocent or guilty-to take a plea deal. Punishment Without Trial showcases how plea bargaining has undermined justice at every turn and across socioeconomic and racial divides. It forces the hand of lawyers, judges, and defendants, turning our legal system into a ruthlessly efficient mass incarceration machine that is dogging our jails and pun­ishing citizens.

Originalism, the view that the meaning of a constitutional provision is fixed when it is adopted, was once the fringe theory of a few extremely conservative legal scholars but is now a well-accepted mode of constitutional interpretation. Noted legal scholar Erwin Chemerinsky gives a comprehensive analysis of the problems that make originalism unworkable as a method of constitutional interpretation. He argues that the framers themselves never intended constitutional interpretation to be inflexible and shows how it is often impossible to know the "original intent" of any provision.

Law and Criminality in the Middle Ages: Academic Essays by Professor Onyoo Elizabeth Kim of Handong University in Korea is an academic feat in legal studies.

Trained by America's best medieval canon lawyers and having had extensive medieval law research experience in Europe, Professor Kim delivers an audiobook on the Law of the Middle Ages that is relevant for today's legal, scholarly, and intellectual discussions.

In Agreeing to Disagree, Nathan S. Chapman and Michael W. McConnell detail the theological, political, and philosophical underpinnings of the Establishment Clause, state disestablishment, and the disestablishment norms applied to the states by the Fourteenth Amendment. In one of the most thorough accounts of the Establishment Clause, Chapman and McConnell argue that the clause is best understood as a constitutional commitment for Americans to agree to disagree about matters of faith.

The U.S. Supreme Court has eliminated the right to abortion and is revisiting other fundamental questions today—about voting rights, affirmative action, gun laws, and much more. Once-arcane theories of constitutional interpretation are profoundly affecting the lives of all Americans. In this brief and urgent book, Harvard Law School professor Cass Sunstein provides a lively introduction to competing approaches to interpreting the Constitution—and argues that the only way to choose one is to ask whether it would change American life for the better or worse.

Dr. Christine Montross has spent her career treating the most severely ill psychiatric patients. Several years ago, she set out to investigate why so many of her patients got caught up in the legal system when discharged from her care - and what happened to them therein. Waiting for an Echo is a riveting, rarely seen glimpse into American incarceration. It is also a damning account of policies that have criminalized mental illness, shifting large numbers of people who belong in therapeutic settings into punitive ones.

Punishment Without Crime offers an urgent new interpretation of inequality and injustice in America by examining the paradigmatic American offense: the lowly misdemeanor. Based on extensive original research, legal scholar Alexandra Natapoff reveals the inner workings of a massive petty offense system that produces over 13 million cases each year.

Activists from Henry David Thoreau and Mohandas Gandhi to the Movement for Black Lives have long recognized that there are times when, rather than having a duty to obey the law, we have a duty to disobey it. Taking seriously the history of this activism, A Duty to Resist wrestles with the problem of political obligation in real world societies that harbor injustice. Candice Delmas argues that the duty of justice, the principle of fairness, the Samaritan duty, and political association impose responsibility to resist under conditions of injustice.

Mass incarceration has become a lucrative industry, and the criminal justice system is plagued with bias and unjust practices. And the church has unwittingly contributed to these problems. Dominique Gilliard explores the history and foundation of mass incarceration, examining Christianity's role in its evolution and expansion. He assesses our nation's ethic of meritocratic justice in light of Scripture and exposes the theologies that embolden mass incarceration.

During his 28-year career, Matthew Horace rose through the ranks from a police officer working the beat to a federal agent working criminal cases in some of the toughest communities in America to a highly decorated federal law enforcement executive managing high-profile investigations nationwide. Yet it was not until seven years into his service - when Horace found himself face down on the ground with a gun pointed at his head by a white fellow officer - that he fully understood the racism seething within America's police departments.

Challenging familiar understandings of race, rights, and American law, Is Racial Equality Unconstitutional? explores how current equal-protection law renders the pursuit of racial equality constitutionally suspect.

President of the United States Donald Vanderdamp is having a hell of a time getting his nominees appointed to the Supreme Court. After one nominee is rejected for insufficiently appreciating To Kill A Mockingbird, the president chooses someone so beloved by voters that the Senate won't have the guts to reject her.

There is a war going on for the future of our country. Most people know that. What they may not know is that if Christians lose, the result won't merely be enduring public policy we disagree with, it will be a prison sentence for those who oppose it. We've all seen the attack coming. First the Supreme Court said kids can't pray in school. Then the Ten Commandments were ripped from the classrooms.

The United States has the world’s highest rate of incarceration, a form of punishment that ruins lives and makes a return to prison more likely. With the authority of a prominent legal scholar and the practical insights gained through on-the-ground work on criminal-justice reform, Rachel Barkow explains how dangerous it is to base criminal-justice policy on the whims of the electorate, which puts judges, sheriffs, and politicians in office.

Can the president launch a nuclear attack without congressional approval? Is it ever a crime to criticize the president? Can states legally resist a president's executive order? Corey Brettschneider takes us on a deep dive into the US Constitution to answer questions that, in our tumultuous era, Americans are asking more than ever before. From the document itself and from history's pivotal court cases, we learn why certain powers were granted to the presidency, how the Bill of Rights limits those powers, and what "we the people" can do.

Constitutional scholar Geoffrey R. Stone traces the evolution of legal and moral codes that have attempted to legislate sexual behavior from the ancient world to America's earliest days to today's fractious political climate. Stone crafts a remarkable narrative in which he shows how agitators, moralists, legislators, and especially the justices of the Supreme Court have historically navigated issues as explosive and divisive as abortion, homosexuality, pornography, and contraception.

He's returned to Santa Fe, newly installed as police chief, when a U.S. ambassador's estranged wife is found murdered in her multimillion-dollar home. Before he can mount a proper investigation, an FBI anti-terrorism team arrives, takes control of the inquiry, and forces Kerney to watch from the sidelines as the crime scene is sanitized, potential witnesses disappear, and the case is cleared with trumped-up evidence.

A short, accessible collection of key historic writings about presidential impeachment, as part of a new Penguin Classics series on liberty and constitutional rights.