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Memory and Authority
From one of the nation’s preeminent constitutional scholars, a sweeping rethinking of the uses of history in constitutional interpretation Fights over history are at the heart of …
Cultural Software
In this book J. M. Balkin offers a strikingly original theory of cultural evolution, a theory that explains shared understandings, disagreement, and diversity within cultures. …
What Roe v. Wade Should Have Said
A unique introduction to the constitutional arguments for and against the right to abortion In January 1973, the Supreme Court’s opinion in Roe v. Wade struck down most of the …
The State of Play
The State of Play presents an essential first step in understanding how new digital worlds will change the future of our universe. Millions of people around the world inhabit …
What Brown v. Board of Education Should Have Said
Legal experts rewrite the landmark court decision Brown v. Board of Education, the Supreme Court's landmark 1954 decision ordering the desegregation of America's public schools, …
What Obergefell v. Hodges Should Have Said
Rewriting the Supreme Court’s landmark gay rights decision Jack Balkin and an all-star cast of legal scholars, sitting as a hypothetical Supreme Court, rewrite the famous 2015 …
Cybercrime
The Internet has dramatically altered the landscape of crime and national security, creating new threats, such as identity theft, computer viruses, and cyberattacks. Moreover, …
What Roe v. Wade Should Have Said
Constitutional scholars rewrite the landmark decision In January 1973, the Supreme Court’s opinion in Roe v. Wade struck down most of the country's abortion laws, and held for the …
Democracy and Dysfunction
It is no longer controversial that the American political system has become deeply dysfunctional. Today, only slightly more than a quarter of Americans believe the country is …