Thursday, June 5, 2014

SUMMER QUARTER SUGGESTED READINGS FOR LAW STUDENTS, Part 1

Daniel Justin Herman, Hell on the Range: A Story of Honor, Conscience, and the American West (The Lamar Series in Western History) (New Haven & London: Yale U. Press, 2010) (see blog post of 4/13/2014).

Lane Kenworthy, Social Democratic America (Oxford & New York: Oxford U. Press, 2014) ("[M]odern social democracy means a commitment to extensive use of government policy to promote economic security, expanded opportunity, and ensure rising living standards for all. But it aims to do so while facilitating freedom, flexibility, and market dynamism." Id. at 9.).

Elizabeth Kolsky, Colonial Justice in British India: White Violence and the Rule of Law (Cambridge Studies in Indian History and Society) (New York: Cambridge U. Press, 2010, 2011) (see blog post of 4/22/2014).

Kenneth A. Manaster, The American Legal System and Civic Engagement: Why We All Should Think Like Lawyers (New York: Palgrave Macmillan, 2013) (see blog posted date 5/29/2014).

Joyce Carol Oates, Carthage: A Novel (New York; Ecco, 2014) ("'Ms. McSwain--'Sabbath.' Tell me, do you respect the law?' 'No.' 'No?' 'Well, I'd have to ask--which law? Is there a single, singular law?' The Investigator nodded approvingly. ''Good! I like your skepticism. I like even that prissy little way you curl your lip--''Is there a single, singular law?' " Id. at 213-214. Also, see Liesl Schillinger, "Lonely Hunter," NYT Book Review, Sunday, 2/2/2014.).

Ediberto Roman, Those Damned Immigrants: America's Hysteria over Undocumented Immigration, with a Foreword by Michael A. Olivas (New York: New York University Press, 2013) ("What will be undertaken in the forthcoming pages is more than merely engaging in retelling tales of woe. In terms of an overview of what is forthcoming, and perhaps at the risk of oversimplifying this herculean endeavor, this project aims to undertake and achieve what no single work has yet accomplished. It attempts, in one document, to first identify the leading attacks against undocumented immigrants; then, using empirical data, it will examine the validity of those attack, demonstrating how such attacks are far from new in this country's history; subsequently, it will establish how such attacks have shaped policy in the past and will likely shape policy in the future unless exposed. Finally, this project will propose a means to resolve the current immigration stalemate." Id. at 8.).

Stephen J. Schulhofer, More Essential Than Ever: The Fourth Amendment in the Twenty-First Century (New York: Oxford U. Press, 2012).

John Paul Stevens, Five Chiefs: A Supreme Court Memoir (New York: Little, Brown, 2011) ("[Chief Justice Warren Burger] closed with a quotation of words attributed to Sir Thomas More about the importance of the rule of law: 'The law, Roper, the law. I know what's legal, not what's right. And I'll stick to what legal.... I'm not God. The currents and eddies of right and wrong, which you find such plain-sailing, I can't navigate. I'm no voyager. But in the thickets of the law, oh there I'm a forester.... What would you do? Cut a great road through the law to get after the Devil?... And when the last law was down, and the Devil was turned round on you--where would you hide, Roper, the laws all being flat?... This country's planted thick with laws from coast to coast--Man's laws, not God's--and if you cut them down...d'you really think you could stand upright in the winds that would blow then?... Yes, I'd give the Devil benefit of law, for my own safety's sake.'" Id. at 146-147.).

John Paul Stevens, Six Amendment: How and Why We Should Change the Constitution (New York: Little, Brown, 2014) (I have always interpreted the Second Amendment in the way Justice Stevens proposes as an amendment: "A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms when serving in the Militia shall not be infringed." Id. at 132.).