Recent Faculty Books – Summer 2008

In “Finding Jefferson: A Lost Letter, a Remarkable Discovery, and the First Amendment in an Age of Terrorism” (Wiley, 2007), Professor Alan Dershowitz contemplates modern-day First Amendment dilemmas—such as government censorship of imams whose preaching might incite terrorism—through the lens of Jefferson’s stated beliefs about religious and political speech.

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In “Is There a Right to Remain Silent?: Coercive Interrogation and the Fifth Amendment After 9/11” (Oxford University Press, 2008), Dershowitz argues for a reinterpretation of the Fifth Amendment that takes into account new measures used by government officials to prevent terrorism.

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In “Living the Policy Process” (Oxford University Press, 2008), Professor Philip B. Heymann ’60 outlines policy-makers’ struggle to influence government decisions. Heymann offers an inside look into the policy process in the Reagan, first Bush and Clinton administrations, describing the constantly evolving conditions that government officials face as they attempt to shape the policy agenda.

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“Fiscal Challenges: An Interdisciplinary Approach to Budget Policy” (Cambridge University Press, 2007) is edited by Professor Howell Jackson ’82, with Elizabeth Garrett and Elizabeth Graddy, and with a contribution from Professor Adrian Vermeule ’93. The collection analyzes recent developments in budget policy at the state level and in the European Union, and also includes in-depth explorations of congressional budget procedures, as well as the economics of federal deficits and debt.

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In “Just Schools: Pursuing Equality in Societies of Difference” (Russell Sage Foundation, 2008), legal scholars, educators and social scientists examine different methods of fostering equality. Edited by Professor Martha Minow, Richard A. Shweder and Hazel Rose Markus, the book offers essays combining empirical research with ethnographic accounts. Minow’s essay explores the impact of school choice reforms on equal educational opportunities.

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“Access Denied: The Practice and Policy of Global Internet Filtering” (MIT Press, 2008), edited by Professor John Palfrey ’01Visiting Professor Jonathan Zittrain ’95, Ronald Deibert and Rafal Rohozinski, looks at the countries, corporations and intelligence agencies that are filtering and blocking Internet content.

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The two-volume “Handbook of Law and Economics” (North Holland, 2007), edited by Professor Steven Shavell and A. Mitchell Polinsky, covers topics such as corporate governance, bankruptcy law, antitrust, contract law and property law. It features contributions from numerous specialists—including Professors Kathryn Spier and Louis Kaplow ’81 as well as Shavell.

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In “I Dissent: Great Opposing Opinions in Landmark Supreme Court Cases” (Beacon Press, 2008), Professor Mark Tushnet looks at arguments that didn’t carry the day in 16 landmark cases—from Dred Scott to Lawrence v. Texas. Putting the opinions in social and political context, Tushnet explores how American constitutional history might be different had the “nays” prevailed.