Arden Neisser’s classic book on American Sign Language (ASL) and the Deaf community is again available, with a new prologue. The Other Side of Silence explores the Deaf community through telling interviews and research from across the country.

       In widely varying encounters, Neisser heard Deaf individuals recall how their teachers suppressed ASL, how linguists foster conflicting theories, and how various institutions of the deaf dilute ASL to suit hearing patrons. This seminal book reveals the warmth, creativity, and resilience of Deaf people, and offers an update of the community today.

The League of Nations Advisory Committee on the Traffic in Opium and Other Dangerous Drugs, created in 1920, culminated almost eight decades of political turmoil over opium trafficking, which was by far the largest state-backed drug trade in the age of empire. Opponents of opium had long struggled to rein in the profitable drug. Opium’s Long Shadow shows how diverse local protests crossed imperial, national, and colonial boundaries to gain traction globally and harness public opinion as a moral deterrent in international politics after World War I.

Steffen Rimner traces the far-flung itineraries and trenchant arguments of reformers—significantly, feminists and journalists—who viewed opium addiction as a root cause of poverty, famine, “white slavery,” and moral degradation. These activists targeted the international reputation of drug-trading governments, first and foremost Great Britain, British India, and Japan, becoming pioneers of the global political tactic we today call naming and shaming. But rather than taking sole responsibility for their own behavior, states in turn appropriated anti-drug criticism to shame fellow sovereigns around the globe. Consequently, participation in drug control became a prerequisite for membership in the twentieth-century international community. Rimner relates how an aggressive embrace of anti-drug politics earned China and other Asian states new influence on the world stage.

The link between drug control and international legitimacy has endured. Amid fierce contemporary debate over the wisdom of narcotics policies, the 100-year-old moral consensus Rimner describes remains a backbone of the international order.

Known to the Greeks as opos or opion, as afiun in Persian and Arabic, and fuyung in Chinese, opium is at once a palliative and a poison. Its exotic origins, its literary associations, and the properties that are, often erroneously, attributed to it have ensured an ongoing air of mystery.

Pierre-Arnaud Chouvy reveals the long and fascinating history of a powerful and addictive drug and explores the changing fortunes of the modern-day illicit opium trade, especially in the remote regions of Asia. He answers key questions: Why have anti-drug policies failed despite four decades of increasing effort? And what are the shortcomings and limitations of forced eradication, alternative development, "silver bullets," and other quick fixes? In answering these questions, Chouvy draws upon geography, anthropology, politics, and development studies. He shows that the history of opium production is unexpectedly linked to the history of Afghanistan.

A compelling account of a narcotic as old as humanity, Opium offers powerful insights into the complex politics and economics of the poppy in the world today.

The British opium trade along China's seacoast has come to symbolize China's century-long descent into political and social chaos. In the standard historical narrative, opium is the primary medium through which China encountered the economic, social, and political institutions of the West. Opium, however, was not a Sino-British problem confined to southeastern China. It was, rather, an empire-wide crisis, and its spread among an ethnically diverse populace created regionally and culturally distinct problems of control for the Qing state.

This book examines the crisis from the perspective of Qing prohibition efforts. The author argues that opium prohibition, and not the opium wars, was genuinely imperial in scale and is hence much more representative of the actual drug problem faced by Qing administrators. The study of prohibition also permits a more comprehensive and accurate observation of the economics and criminology of opium. The Qing drug traffic involved the domestic production, distribution, and consumption of opium. A balanced examination of the opium market and state anti-drug policy in terms of prohibition reveals the importance of the empire's landlocked western frontier regions, which were the domestic production centers, in what has previously been considered an essentially coastal problem.

Nuclear terrorism is such a disturbing prospect that we shy away from its details. Yet as a consequence, we fail to understand how best to defeat it. Michael Levi takes us inside nuclear terrorism and behind the decisions a terrorist leader would be faced with in pursuing a nuclear plot. Along the way, Levi identifies the many obstacles, large and small, that such a terrorist scheme might encounter, allowing him to discover a host of ways that any plan might be foiled.

Surveying the broad universe of plots and defenses, this accessible account shows how a wide-ranging defense that integrates the tools of weapon and materials security, law enforcement, intelligence, border controls, diplomacy, and the military can multiply, intensify, and compound the possibility that nuclear terrorists will fail. Levi draws from our long experience with terrorism and cautions us not to focus solely on the most harrowing yet most improbable threats. Nuclear terrorism shares much in common with other terrorist threats--and as a result, he argues, defeating it is impossible unless we put our entire counterterrorism and homeland security house in order.

As long as we live in a nuclear age, no defense can completely eliminate nuclear terrorism. But this book reminds us that the right strategy can minimize the risks and shows us how to do it.

Gangs are multifaceted and varied, so any attempt to understand them cannot be restricted to a singular approach. On Gangs provides a diverse and comprehensive survey of the available theories for understanding this social issue as well as the broad range of responses to it. The authors look at the many influences on gangs’ operation, growth, prevention, and enforcement.

The authors provide different criminological, psychological, and sociological approaches to gang studies, including interviews with past and current gang members. On Gangs presents the core issues for understanding gangs, including emerging topics like prison gangs, gender and gangs, and international gangs. There is also a focus on policing, legislation, and punishment. Weaving together research and policy findings to address the causes, contexts, and consequences of gangs, the authors address topics including joining, resisting, and leaving gangs, and how gangs operate in communities and institutions.  

An authoritative and sweeping tour of gang scholarship, On Gangs showcases the critical evidence-based solutions in prevention, enforcement, legislation, and intervention. The authors seek to answer the question: How do we effectively deal with gangs and gang membership?

Cyberattacks are one of the greatest fears for governments and the private sector. The attacks come without warning and can be extremely costly and embarrassing.

Robert Mandel offers a unique and comprehensive strategic vision for how governments, in partnership with the private sector, can deter cyberattacks from both nonstate and state actors. Cyberdeterrence must be different from conventional military or nuclear deterrence, which are mainly based on dissuading an attack by forcing the aggressor to face unacceptable costs. In the cyber realm, where attributing a specific attack to a specific actor is extremely difficult, conventional deterrence principles are not enough. Mandel argues that cyberdeterrence must alter a potential attacker’s decision calculus by not only raising costs for the attacker but also by limiting the prospects for gain. Cyberdeterrence must also involve indirect unorthodox restraints, such as exposure to negative blowback and deceptive diversionary measures, and cross-domain measures rather than just retaliation in kind.

The book includes twelve twenty-first-century cyberattack case studies to draw insights into cyberdeterrence and determine the conditions under which it works most effectively. Mandel concludes by making recommendations for implementing cyberdeterrence and integrating it into broader national security policy. Cyber policy practitioners and scholars will gain valuable and current knowledge from this excellent study.

When his picture appeared on the cover of Texas Monthly, Joaquin Jackson became the icon of the modern Texas Rangers. Nick Nolte modeled his character in the movie Extreme Prejudice on him. Jackson even had a speaking part of his own in The Good Old Boys with Tommy Lee Jones. But the role that Jackson has always played the best is that of the man who wears the silver badge cut from a Mexican cinco peso coin—a working Texas Ranger. Legend says that one Ranger is all it takes to put down lawlessness and restore the peace—one riot, one Ranger. In this adventure-filled memoir, Joaquin Jackson recalls what it was like to be the Ranger who responded when riots threatened, violence erupted, and criminals needed to be brought to justice across a wide swath of the Texas-Mexico border from 1966 to 1993.

Jackson has dramatic stories to tell. Defying all stereotypes, he was the one Ranger who ensured a fair election—and an overwhelming win for La Raza Unida party candidates—in Zavala County in 1972. He followed legendary Ranger Captain Alfred Y. Allee Sr. into a shootout at the Carrizo Springs jail that ended a prison revolt—and left him with nightmares. He captured "The See More Kid," an elusive horse thief and burglar who left clean dishes and swept floors in the houses he robbed. He investigated the 1988 shootings in Big Bend's Colorado Canyon and tried to understand the motives of the Mexican teenagers who terrorized three river rafters and killed one. He even helped train Afghan mujahedin warriors to fight the Soviet Union.

Jackson's tenure in the Texas Rangers began when older Rangers still believed that law need not get in the way of maintaining order, and concluded as younger Rangers were turning to computer technology to help solve crimes. Though he insists, "I am only one Ranger. There was only one story that belonged to me," his story is part of the larger story of the Texas Rangers becoming a modern law enforcement agency that serves all the people of the state. It's a story that's as interesting as any of the legends. And yet, Jackson's story confirms the legends, too. With just over a hundred Texas Rangers to cover a state with 267,399 square miles, any one may become the one Ranger who, like Joaquin Jackson in Zavala County in 1972, stops one riot.

No Texas Ranger memoir has captured the public's imagination like Joaquin Jackson's One Ranger. Readers thrilled to Jackson's stories of catching criminals and keeping the peace across a wide swath of the Texas-Mexico border—and clamored for more. Now in One Ranger Returns, Jackson reopens his case files to tell more unforgettable stories, while also giving readers a deeply personal view of what being a Texas Ranger has meant to him and his family.

Jackson recalls his five-year pursuit of two of America's most notorious serial killers, Henry Lee Lucas and Ottis Toole. He sets the record straight about the role of the Texas Rangers during the United Farm Workers strike in the Rio Grande Valley in 1966-1967. Jackson also describes the frustration of trying to solve a cold case from 1938—the brutal murder of a mother and daughter in the lonely desert east of Van Horn. He presents a rogue's gallery of cattle rustlers, drug smugglers, and a teetotaling bootlegger named Tom Bybee, a modest, likeable man who became an ax murderer. And in an eloquent concluding chapter, Jackson pays tribute to the Rangers who have gone before him, as well as those who keep the peace today.

The seven deadly sins of Christianity represent the abysses of character, whereas Judith Shklar’s “ordinary vices”—cruelty, hypocrisy, snobbery, betrayal, and misanthropy—are merely treacherous shoals, flawing our characters with mean-spiritedness and inhumanity.

Shklar draws from a brilliant array of writers—Molière and Dickens on hypocrisy, Jane Austen on snobbery, Shakespeare and Montesquieu on misanthropy, Hawthorne and Nietzsche on cruelty, Conrad and Faulkner on betrayal—to reveal the nature and effects of the vices. She examines their destructive effects, the ambiguities of the moral problems they pose to the liberal ethos, and their implications for government and citizens: liberalism is a difficult and challenging doctrine that demands a tolerance of contradiction, complexity, and the risks of freedom.

Nationalism matters in China, and what matters in China matters to everyone. China’s new nationalism, Robert Bickers shows, is rooted not in its present power but in shameful memories of its former weaknesses. Invaded, humiliated, and looted in the nineteenth and twentieth centuries by foreign powers, China looks out at the twenty-first century through the lens of the past. History matters deeply to Beijing’s current rulers, and Out of China explains why.

Bickers tracks the long, often agonizing process by which the Chinese regained control of their own country. He describes the corrupt, lurid modernity of prewar Shanghai, the often tiny patches of extraterritorial land controlled by foreign powers, the entrepôts of Hong Kong and Macao, and the myriad means—through armed threats, technology, and legal chicanery—by which China was kept subservient until, gradually, it emerged from Western control. This plural and partial subjugation of China is a story that involves not only European powers and Japan but also the United States.

This complex history must be grasped not to atone for the sins of the past but to recognize China’s internationalized landscapes with all their contradictions, violence, cosmopolitanism, and ambitions. The story of the foreign presence in China in the nineteenth and twentieth centuries is too important to be left in the hands of the Chinese party-state and its approved script. Out of China is essential reading for anyone wishing to understand what shapes China’s view of the world in the twenty-first century.

Throughout history, human societies have been organized preeminently as territories—politically bounded regions whose borders define the jurisdiction of laws and the movement of peoples. At a time when the technologies of globalization are eroding barriers to communication, transportation, and trade, Once Within Borders explores the fitful evolution of territorial organization as a worldwide practice of human societies. Master historian Charles S. Maier tracks the epochal changes that have defined territories over five centuries and draws attention to ideas and technologies that contribute to territoriality’s remarkable resilience.

Territorial boundaries transform geography into history by providing a framework for organizing political and economic life. But properties of territory—their meanings and applications—have changed considerably across space and time. In the West, modern territoriality developed in tandem with ideas of sovereignty in the seventeenth century. Sovereign rulers took steps to fortify their borders, map and privatize the land, and centralize their sway over the populations and resources within their domain. The arrival of railroads and the telegraph enabled territorial expansion at home and abroad as well as the extension of control over large spaces. By the late nineteenth century, the extent of a nation’s territory had become an index of its power, with overseas colonial possessions augmenting prestige and wealth and redefining territoriality.

Turning to the geopolitical crises of the twentieth century, Maier pays close attention to our present moment, asking in what ways modern nations and economies still live within borders and to what degree our societies have moved toward a post-territiorial world.

In this major revisionist study, Eric A. Nordlinger poses two critical questions about democratic politics. How are the public policy decisions of the democratic state in America and Europe to be explained? To what extent is the democratic state an autonomous entity, that is, a state that translates its own policy preferences into public policies?

On the Autonomy of the Democratic State challenges the central assumption of liberal and Marxist scholars, journalists, and citizens alike—that elected and appointed public officials are consistently constrained by society in the making of public policy. Nordlinger demonstrates that public officials are not only frequently autonomous insofar as they regularly act upon their own policy preferences, but also markedly autonomous in doing so even in the face of opposition from the most politically powerful groups in society: voters, well-organized and financed interest groups, national associations of farmers, workers, employers, and large corporations.

Here is a book in which wide-ranging generalizations are tightly bound up with empirical examples and data. Nordlinger systematically identifies the state's many capacities and opportunities for enhancing its autonomy. These are used by public officials to shape, alter, neutralize, deflect, and resist the policy preferences and pressures of societal groups. Even the highly fragmented national state in America is shown to be far more independent of societal demands than claimed by the conventional wisdom.

We speak of rights as though they are objective matters of fact that have a crucial bearing on how we ought to behave. Yet few, if any, rights are universally acknowledged without wide differences of meaning. Instead, they usually represent the particular ideals of the individuals or groups that claim them. Theories of rights have always grappled with this central problem, but none of the literature on the subject has offered a satisfactory solution. Lloyd Weinreb makes the first significant advance toward an understanding of what rights are, how they function in our lives, and why we need them.

Weinreb’s central argument is that rights are tightly connected to responsibility. They are the normative constituents of persons, attributes that we have rightly, as our due. As such, they enable us to overcome the antinomy of moral freedom and natural causal order. Without them, we could not regard human beings as persons, that is, as free and responsible, or autonomous. Since responsibility is a structural feature of our experience and a matter of fact, rights too are matters of fact.

Against a review of the current debates on the subject, Weinreb fully elaborates his original argument on the nature of rights and finds the source of concrete rights in the nomos, or deep conventions, of a community. Applying his theory, he shows how it helps to answer specific questions about animal rights, human rights—including, in the context of abortion and capital punishment, the right to life—and civil rights, including particularly rights of the handicapped, gay rights, and affirmative action in contemporary American society. Along the way, Weinreb shows that Oedipus and Roger Clemens have more in common than either would probably have supposed.

This highly original work will significantly redirect the study of rights. It will be especially valuable to those who practice or study law, philosophy, politics, and public policy.

An enduring theme of Western philosophy is that we are all one another’s equals. Yet the principle of basic equality is woefully under-explored in modern moral and political philosophy. In a major new work, Jeremy Waldron attempts to remedy that shortfall with a subtle and multifaceted account of the basis for the West’s commitment to human equality.

What does it mean to say we are all one another’s equals? Is this supposed to distinguish humans from other animals? What is human equality based on? Is it a religious idea, or a matter of human rights? Is there some essential feature that all human beings have in common? Waldron argues that there is no single characteristic that serves as the basis of equality. He says the case for moral equality rests on four capacities that all humans have the potential to possess in some degree: reason, autonomy, moral agency, and the ability to love. But how should we regard the differences that people display on these various dimensions? And what are we to say about those who suffer from profound disability—people whose claim to humanity seems to outstrip any particular capacities they have along these lines?

Waldron, who has worked on the nature of equality for many years, confronts these questions and others fully and unflinchingly. Based on the Gifford Lectures that he delivered at the University of Edinburgh in 2015, One Another’s Equals takes Waldron’s thinking further and deeper than ever before.

E pluribus unum no longer holds. Out of the many have come as many claims and grievances, all at war with the idea of one nation undivided. The damage thus done to our national life, as too few Americans seek a common good, is Martin Marty's concern. His book is an urgent call for repair and a personal testament toward resolution.

A world-renowned authority on religion and ethics in America, Marty gives a judicious account (itself a rarity and a relief in our day of uncivil discourse) of how the body politic has been torn between the imperative of one people, one voice, and the separate urgings of distinct identities--racial, ethnic, religious, gendered, ideological, economic. Foreseeing an utter deadlock in public life, with devastating consequences, if this continues, he envisions steps we might take to carry America past the new turbulence.

While the grand story of oneness eludes us (and probably always will), Marty reminds us that we do have a rich, ever-growing, and ever more inclusive repertory of myths, symbols, histories, and, most of all, stories on which to draw. He pictures these stories, with their diverse interpretations, as part of a conversation that crosses the boundaries of groups. Where argument polarizes and deafens, conversation is open ended, guided by questions, allowing for inventiveness, fair play, and dignity for all. It serves as a medium in Marty's broader vision, which replaces the restrictive, difficult, and perhaps unattainable ideal of "community" with the looser, more workable idea of "association."

An "association of associations" is what Marty contemplates, and for the spirit and will to promote it he looks to eighteenth-century motifs of sentiment and affection, convergences of intellect and emotion that develop from shared experience. And as this book so eloquently reminds us, America, however diverse, is an experience we all share.

Opposing Democracy in the Digital Age is about why ordinary people in a democratizing state oppose democracy and how they leverage both traditional and social media to do so. Aim Sinpeng focuses on the people behind popular, large-scale antidemocratic movements that helped bring down democracy in 2006 and 2014 in Thailand. The yellow shirts (PAD—People’s Alliance for Democracy) that are the focus of the book are antidemocratic movements grown out of democratic periods in Thailand, but became the catalyst for the country’s democratic breakdown. Why, when, and how supporters of these movements mobilize offline and online to bring down democracy are some of the key questions that Sinpeng answers. While the book primarily uses a qualitative methodological approach, it also uses several quantitative tools to analyze social media data in the later chapters. This is one of few studies in the field of regime transition that focuses on antidemocratic mobilization and takes the role of social media seriously.

Migration is typically seen as a transnational phenomenon, but it happens within borders, too. Oaxaca in Motion documents a revealing irony in the latter sort: internal migration often is global in character, motivated by foreign affairs and international economic integration, and it is no less transformative than its cross-border analogue.

Iván Sandoval-Cervantes spent nearly two years observing and interviewing migrants from the rural Oaxacan town of Santa Ana Zegache. Many women from the area travel to Mexico City to work as domestics, and men are encouraged to join the Mexican military to fight the US-instigated “war on drugs” or else leave their fields to labor in industries serving global supply chains. Placing these moves in their historical and cultural context, Sandoval-Cervantes discovers that migrants’ experiences dramatically alter their conceptions of gender, upsetting their traditional notions of masculinity and femininity. And some migrants bring their revised views with them when they return home, influencing their families and community of origin. Comparing Oaxacans moving within Mexico to those living along the US West Coast, Sandoval-Cervantes clearly demonstrates the multiplicity of answers to the question, “Who is a migrant?”

In 1955 the United States and the Soviet Union were matching steps in a race to develop missiles tipped with thermonuclear weapons. American officials were frustrated and alarmed by their inability to learn the scale and progress of the Soviet program, which directly threatened the security of the United States, and they were convinced that serious arms control measures required reliable means for mutual inspection. The result: President Dwight D. Eisenhower's dramatic Open Skies proposal, advanced—and rejected—at the Geneva summit of 1955.

Vetoed by Nikita Khrushchev, Eisenhower's proposal to allow mutual aerial inspection between the United States and the U.S.S.R. was accepted as policy only after satellite photography became feasible. But at the time of the 1955 summit, it was a stunning, if transient, psychological and political victory for the United States and its president.

W. W. Rostow was an active participant in this important episode in American history, and his is the first authoritative account of how Eisenhower's Open Skies proposal came to be. His insider's knowledge, combined with data from hitherto unexploited documentary sources, vividly brings to life the discussions and events that preceded the president's proposal.

Rostow explores the diplomatic forces that led to Eisenhower's reluctant acceptance of a summit with the Soviets. He tracks the origins of the Open Skies concept to an obscure meeting organized at Quantico Marine Corps Base by presidential adviser Nelson Rockefeller. He describes the tensions between Rockefeller and Secretary of State John Foster Dulles that complicated Eisenhower's task in mounting the initiative for Open Skies and explains the differences between Eisenhower himself and Rockefeller over postsummit policy that provoked the latter's resignation. He examines Soviet motives and objectives at Geneva. Finally, Rostow reflects on the meaning of this fascinating episode in American history, in particular its importance to later arms control negotiations.

Legal theory must become more factual and empirical and less conceptual and polemical, Richard Posner argues in this wide-ranging new book. The topics covered include the structure and behavior of the legal profession; constitutional theory; gender, sex, and race theories; interdisciplinary approaches to law; the nature of legal reasoning; and legal pragmatism. Posner analyzes, in witty and passionate prose, schools of thought as different as social constructionism and institutional economics, and scholars and judges as different as Bruce Ackerman, Robert Bork, Ronald Dworkin, Catharine MacKinnon, Richard Rorty, and Patricia Williams. He also engages challenging issues in legal theory that range from the motivations and behavior of judges and the role of rhetoric and analogy in law to the rationale for privacy and blackmail law and the regulation of employment contracts. Although written by a sitting judge, the book does not avoid controversy; it contains frank appraisals of radical feminist and race theories, the behavior of the German and British judiciaries in wartime, and the excesses of social constructionist theories of sexual behavior.

Throughout, the book is unified by Posner's distinctive stance, which is pragmatist in philosophy, economic in methodology, and liberal (in the sense of John Stuart Mill's liberalism) in politics. Brilliantly written, eschewing jargon and technicalities, it will make a major contribution to the debate about the role of law in our society.

In Order without Law, Robert Ellickson shows that law is far less important than is generally thought. He demonstrates that people largely govern themselves by means of informal rules—social norms—that develop without the aid of a state or other central coordinator. Integrating the latest scholarship in law, economics, sociology, game theory, and anthropology, Ellickson investigates the uncharted world within which order is successfully achieved without law.

The springboard for Ellickson’s theory of norms is his close investigation of a variety of disputes arising from the damage created by escaped cattle in Shasta County, California. In “The Problem of Social Cost”—the most frequently cited article on law—economist Ronald H. Coase depicts farmers and ranchers as bargaining in the shadow of the law while resolving cattle-trespass disputes. Ellickson’s field study of this problem refutes many of the behavioral assumptions that underlie Coase’s vision, and will add realism to future efforts to apply economic analysis to law.

Drawing examples from a wide variety of social contexts, including whaling grounds, photocopying centers, and landlord–tenant relations, Ellickson explores the interaction between informal and legal rules and the usual domains in which these competing systems are employed. Order without Law firmly grounds its analysis in real-world events, while building a broad theory of how people cooperate to mutual advantage.

Hailed in the Foreign Service Journal as “a landmark book that should command the attention of every serious student of American diplomacy, international environmental issues, or the art of negotiation,” and cited in Nature for its “worthwhile insights on the harnessing of science and diplomacy,” the first edition of Ozone Diplomacy offered an insider’s view of the politics, economics, science, and diplomacy involved in creating the precedent-setting treaty to protect the Earth: the 1987 Montreal Protocol on Substances That Deplete the Ozone Layer.

The first edition ended with a discussion of the revisions to the protocol in 1990 and offered lessons for global diplomacy regarding the then just-maturing climate change issue. Now Richard Benedick—a principal architect and the chief U.S. negotiator of the historic treaty—expands the ozone story, bringing us to the eve of the tenth anniversary of the Montreal Protocol. He describes subsequent negotiations to deal with unexpected major scientific discoveries and important amendments adding new chemicals and accelerating the phaseout schedules. Implementing the revised treaty has forced the protocol’s signatories to confront complex economic and political problems, including North–South financial and technology transfer issues, black markets for banned CFCs, revisionism, and industry’s willingness and ability to develop new technologies and innovative substitutes. In his final chapter Benedick offers a new analysis applying the lessons of the ozone experience to ongoing climate change negotiations.

Ozone Diplomacy has frequently been cited as the definitive book on the most successful environment treaty, and is essential reading for those concerned about the future of our planet.

Harvard Law School is the oldest and, arguably, the most influential law school in the nation. U.S. presidents, Supreme Court justices, and foreign heads of state, along with senators, congressional representatives, social critics, civil rights activists, university presidents, state and federal judges, military generals, novelists, spies, Olympians, film and TV producers, CEOs, and one First Lady have graduated from the school since its founding in 1817.

During its first century, Harvard Law School pioneered revolutionary educational ideas, including professional legal education within a university, Socratic questioning and case analysis, and the admission and training of students based on academic merit. But the school struggled to navigate its way through the many political, social, economic, and legal crises of the century, and it earned both scars and plaudits as a result. On the Battlefield of Merit offers a candid, critical, definitive account of a unique legal institution during its first century of influence.

Daniel R. Coquillette and Bruce A. Kimball examine the school’s ties with institutional slavery, its buffeting between Federalists and Republicans, its deep involvement in the Civil War, its reluctance to admit minorities and women, its anti-Catholicism, and its financial missteps at the turn of the twentieth century. On the Battlefield of Merit brings the story of Harvard Law School up to 1909—a time when hard-earned accomplishment led to self-satisfaction and vulnerabilities that would ultimately challenge its position as the leading law school in the nation. A second volume will continue this history through the twentieth century.

Frank Denius was not yet twenty-one when he fought his way across Europe and was awarded four Silver Stars, a Presidential Unit Citation, and two Purple Hearts. On the Way describes Denius’s formative experiences during World War II in gripping detail and will cause any reader to wonder how he or she might have held up under similar pressure. The powerful opening chapters are followed by a detailed account of Denius’s life and career after the war, assembled into a first-person memoir from conversations between Denius and Thomas Hatfield, and published by the Briscoe Center for American History at the University of Texas at Austin.

Discharged from the army in October 1945, Denius enrolled at the University of Texas within a week. He is a lifelong supporter of the university: as part of the Texas Exes, as a donor to numerous academic programs, and as a fan of Longhorn football. Former UT football coach Mack Brown liked to say, “Frank has been to more practices than I have.”

Denius graduated from the University of Texas School of Law and joined one of Austin’s leading law firms in the late 1940s. Denius recounts how Texas operated in Lyndon Johnson’s prime, observes power plays in the Texas energy industry, and describes his role in building a regional university into a global leader.

The Internet has been romanticized as a zone of freedom. The alluring combination of sophisticated technology with low barriers to entry and instantaneous outreach to millions of users has mesmerized libertarians and communitarians alike. Lawmakers have joined the celebration, passing the Communications Decency Act, which enables Internet Service Providers to allow unregulated discourse without danger of liability, all in the name of enhancing freedom of speech. But an unregulated Internet is a breeding ground for offensive conduct.

At last we have a book that begins to focus on abuses made possible by anonymity, freedom from liability, and lack of oversight. The distinguished scholars assembled in this volume, drawn from law and philosophy, connect the absence of legal oversight with harassment and discrimination. Questioning the simplistic notion that abusive speech and mobocracy are the inevitable outcomes of new technology, they argue that current misuse is the outgrowth of social, technological, and legal choices. Seeing this clearly will help us to be better informed about our options.

In a field still dominated by a frontier perspective, this book has the potential to be a real game changer. Armed with example after example of harassment in Internet chat rooms and forums, the authors detail some of the vile and hateful speech that the current combination of law and technology has bred. The facts are then treated to analysis and policy prescriptions. Read this book and you will never again see the Internet through rose-colored glasses.

Originalism holds that the U.S. Constitution should be interpreted according to its meaning at the time it was enacted. In their innovative defense of originalism, John McGinnis and Michael Rappaport maintain that the text of the Constitution should be adhered to by the Supreme Court because it was enacted by supermajorities—both its original enactment under Article VII and subsequent Amendments under Article V. A text approved by supermajorities has special value in a democracy because it has unusually wide support and thus tends to maximize the welfare of the greatest number.

The authors recognize and respond to many possible objections. Does originalism perpetuate the dead hand of the past? How can following the original meaning be justified, given that African Americans and women were excluded from the enactment of the Constitution in 1787 and many of its subsequent Amendments? What is originalism’s place in interpretation of the Constitution, when after two hundred years there is so much non-originalist precedent?

A fascinating counterfactual they pose is this: had the Supreme Court not interpreted the Constitution so freely, perhaps the nation would have resorted to the Article V amendment process more often and with greater effect. Their book will be an important contribution to the literature on originalism, which is now the most prominent theory of constitutional interpretation.

A Federalist Notable Book

“An important contribution to our understanding of the 14th Amendment.”
—Wall Street Journal

“By any standard an important contribution…A must-read.”
—National Review

“The most detailed legal history to date of the constitutional amendment that changed American law more than any before or since…The corpus of legal scholarship is richer for it.”
—Washington Examiner

Adopted in 1868, the Fourteenth Amendment profoundly changed the Constitution, giving the federal judiciary and Congress new powers to protect the fundamental rights of individuals from being violated by the states. Yet, the Supreme Court has long misunderstood or ignored the original meaning of its key Section I clauses.

Barnett and Bernick contend that the Fourteenth Amendment must be understood as the culmination of decades of debate about the meaning of the antebellum Constitution. In the course of this debate, antislavery advocates advanced arguments informed by natural rights, the Declaration of Independence, and the common law, as well as what is today called public-meaning originalism.

The authors show how these arguments and the principles of the Declaration in particular eventually came to modify the Constitution. They also propose workable doctrines for implementing the amendment’s key provisions covering the privileges and immunities of citizenship, due process, and equal protection under the law.

Many have argued in recent years that the U.S. constitutional system exalts individual rights over responsibilities, virtues, and the common good. Answering the charges against liberal theories of rights, James Fleming and Linda McClain develop and defend a civic liberalism that takes responsibilities and virtues—as well as rights—seriously. They provide an account of ordered liberty that protects basic liberties stringently, but not absolutely, and permits government to encourage responsibility and inculcate civic virtues without sacrificing personal autonomy to collective determination.

The battle over same-sex marriage is one of many current controversies the authors use to defend their understanding of the relationship among rights, responsibilities, and virtues. Against accusations that same-sex marriage severs the rights of marriage from responsible sexuality, procreation, and parenthood, they argue that same-sex couples seek the same rights, responsibilities, and goods of civil marriage that opposite-sex couples pursue. Securing their right to marry respects individual autonomy while also promoting moral goods and virtues. Other issues to which they apply their idea of civic liberalism include reproductive freedom, the proper roles and regulation of civil society and the family, the education of children, and clashes between First Amendment freedoms (of association and religion) and antidiscrimination law. Articulating common ground between liberalism and its critics, Fleming and McClain develop an account of responsibilities and virtues that appreciates the value of diversity in our morally pluralistic constitutional democracy.