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Abuse of discretion
Based on 20 years of research, including an examination of the papers of eight of the nine Justices who voted in Roe v. Wade and Doe v. Bolton, Abuse of Discretion is a critical review of the behind-the-scenes deliberations that went into the Supreme Court's abortion decisions and how the mistake...
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Beyond the formalist-realist divide
According to conventional wisdom in American legal culture, the 1870s to 1920s was the age of legal formalism, when judges believed that the law was autonomous and logically ordered, and that they mechanically deduced right answers in cases. In the 1920s and 1930s, the story continues, the legal ...
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Building the judiciary
How did the federal judiciary transcend early limitations to become a powerful institution of American governance? How did the Supreme Court move from political irrelevance to political centrality? Building the Judiciary uncovers the causes and consequences of judicial institution-building in the...
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Inside private prisons
Lauren-Brooke Eisen blends investigative reportage and quantitative and historical research to analyze privatized corrections in America. Inside Private Prisons details the complicated and perverse incentives rooted in the industry, offering a blueprint for policymakers to reform practices and fo...
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Judicial fortitude
In this book, Peter J. Wallison argues that the administrative agencies of the executive branch have gradually taken over the legislative role of Congress, resulting in what many call the administrative state. The judiciary bears the major responsibility for this development because it has failed...
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Misdemeanorland
"An eye-opening account of the criminal justice system’s often overlooked creaky gears."—Sam Roberts, New York TimesIn the early 1990s, New York City launched an initiative under the banner of Broken Windows policing to dramatically expand enforcement against low-level offenses. Misdemeanorland i...
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Political foundations of judicial supremacy
Should the Supreme Court have the last word when it comes to interpreting the Constitution? The justices on the Supreme Court certainly seem to think so--and their critics say that this position threatens democracy. But Keith Whittington argues that the Court's justices have not simply seized pow...
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Restoring the global judiciary
Why there should be a larger role for the judiciary in American foreign relationsIn the past several decades, there has been a growing chorus of voices contending that the Supreme Court and federal judiciary should stay out of foreign affairs and leave the field to Congress and the president. Cha...
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Same-sex marriage and american constitutionalism
How Do We Decide? Where Federalism, Separation of Powers, and Individual Rights Meet
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The agenda
What will a conservative Supreme Court do with its power? From 2011, when Republicans gained control of the House of Representatives, until the present, Congress enacted hardly any major legislation outside of the tax law President Trump signed in 2017. In the same period, the Supreme Court dis...
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The constrained court
How do Supreme Court justices decide their cases? Do they follow their policy preferences? Or are they constrained by the law and by other political actors? The Constrained Court combines new theoretical insights and extensive data analysis to show that law and politics together shape the behavio...
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The criminal state
A sweeping history of the struggle to hold states to account for their gravest crimesThe Criminal State offers a gripping account of how law has confronted the most radical forms of state violence. Beautifully written, broad in scope, and bracingly original, it weaves history with political thoug...
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The rise of the conservative legal movement
Starting in the 1970s, conservatives learned that electoral victory did not easily convert into a reversal of important liberal accomplishments, especially in the law. As a result, conservatives' mobilizing efforts increasingly turned to law schools, professional networks, public interest groups,...
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Tough cases
“Tough Cases stands out as a genuine revelation. . . . Our most distinguished judges should follow the lead of this groundbreaking volume.”—Justin Driver, The Washington PostA rare and illuminating view of how judges decide dramatic legal cases—Law and Order from behind the bench—including the El...
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