The essays in Free Speech and Intellectual Diversity in Higher Education reflect diverse perspectives on one of the most pressing issues in higher education--the controversies over freedom of speech and its relation to intellectual diversity. Does the First Amendment apply on campuses and do its principles clarify or obscure the issues surrounding campus speech? What, after all, is the basis for those principles, and how do they relate to the purposes of the university? Is free speech trul...

In Prejudicial Appearances noted legal scholar Robert C. Post argues modern American antidiscrimination law should not be conceived as protecting the transcendental dignity of individual persons but instead as transforming social practices that define and sustain potentially oppressive categories like race or gender. Arguing that the prevailing logic of American antidiscrimination law is misleading, Post lobbies for deploying sociological understandings to reevaluate the antidiscr...

When preserving our history, what do we choose to value, why, and who decides?Honorable Mention for the National Council on Public History Book Award of the National Council on Public HistoryIn 1994, when the National Air and Space Museum announced plans to display the Enola Gay, the B-29 sent to destroy Hiroshima with an atomic bomb, the ensuing political uproar caught the museum's parent Smithsonian Institution entirely unprepared. As the largest...

When preserving our history, what do we choose to value, why, and who decides?Honorable Mention for the National Council on Public History Book Award of the National Council on Public HistoryIn 1994, when the National Air and Space Museum announced plans to display the Enola Gay, the B-29 sent to destroy Hiroshima with an atomic bomb, the ensuing political uproar caught the museum's parent Smithsonian Institution entirely unprepared. As the largest...

An impassioned argument for the role of courts as a moral and social agent for change and protecting the vulnerable The Supreme Court long considered its highest mission to be the protection of individual liberty from intrusion by government, but the court shifted its focus to social and economic equality. Constitutional scholar Robert A. Burt explores this shift and its implications, especially for the legal protection of the vulnerable. Crucial to Burt’s perspective ...

Civil Society and Government brings together an unprecedented array of political, ethical, and religious perspectives to shed light on the complex and much-debated relationship between civil society and the state. Some argue that civil society is a bulwark against government; others see it as an indispensable support for government. Civil society has been portrayed both as a independent of the state and as dependent upon it. This book reveals the extraordinary diversity of views o...

The Supreme Court’s 5–4 decision in Citizens United v. Federal Election Commission, which struck down a federal prohibition on independent corporate campaign expenditures, is one of the most controversial opinions in recent memory. Defenders of the First Amendment greeted the ruling with enthusiasm, while advocates of electoral reform recoiled in disbelief. Robert C. Post offers a new constitutional theory that seeks to reconcile these sharply divided camps.Post interprets...

A distinguished and experienced appellate court judge, Posner offers in this new book a unique and, to orthodox legal thinkers, a startling perspective on how judges and justices decide cases.

The future of the U.S. Supreme Court hangs in the balance like never before. Will conservatives or liberals succeed in remaking the court in their own image? In A Constitution of Many Minds, acclaimed law scholar Cass Sunstein proposes a bold new way of interpreting the Constitution, one that respects the Constitution's text and history but also refuses to view the document as frozen in time.Exploring hot-button issues ranging from presidential power to same-sex relations ...

Constitutional law has been and remains an area of intense philosophical interest, and yet the debate has taken place in a variety of different fields with very little to connect them. In a collection of essays bringing together scholars from several constitutional systems and disciplines, Philosophical Foundations of Constitutional Law unites the debate in a study of the philosophical issues at the very foundations of the idea of a constitution: why one might be necessary; what p...

Published in 1987, the first edition of The Struggle for**the American Curriculum was a classic in curriculum studies and in the history of education. This new third edition is thoroughly revised and updated, and includes two new chapters on the renewed attacks on the subject curriculum in the 1940s and 1950s, as well as the way individual school subjects evolved over time and were affected by these attacks.

This book demonstrates the empirical gains and integrative potentials of social systems theory for the sociology of law. Against a backdrop of classical and contemporary sociological debates about law and society, it observes judicial review as an instrument for the self-steering of a functionally differentiated legal system. This allows close investigation of the US Supreme Court’s jurisprudence of rights, both in legal terms and in relation to structural transformations of modern society...