The Broken Constitution: Lincoln, Slavery, and the Refounding of America
In this groundbreaking study, Noah Feldman argues that Lincoln deliberately and recurrently violated the United States’ founding arrangements. When he came to power, it was widely believed that the federal government could not
use armed force to prevent a state from seceding.
The Arab Winter: A Tragedy
The Arab Winter: A Tragedy (2020) seeks to “save the Arab spring from the verdict of implicit nonexistence and to propose an alternative account that highlights the exercise of collective, free political action. The book “is an interdisciplinary work of history and sociology, as well as linguistics, using insights of political philosophy to explore the right ways of governing in the very different countries of Egypt, Syria, and Tunisia, as well as the Islamic State
The Three Lives of James Madison: Genius, Partisan, President
The Three Lives of James Madison: Genius, Partisan, President (2017) “explores Madison’s reactive and improvisational thinking as it played out in the three uniquely consequential roles, or ‘lives,’ he had — as constitutional architect and co-author with Alexander Hamilton and John Jay of the ‘Federalist Papers,’ political partisan and wartime president.
Cool War: The United States, China & The Future of Global Competition
Cool War: The Future of Global Competition (2013) is about the relationship between the United States and China, as “the world’s two biggest economies are fated to remain geopolitical frenemies, locked in a chilly embrace necessitated by economic interdependence but made tense by constant military and political rivalry in Asia and, increasingly, the rest of the world.” As each side vies for supremacy, Feldman warns, the Cool War has the potential to become a hot war.
Scorpions: The Battles & Triumphs of FDR’s Great Supreme Court Justices
Scorpions: The Battles and Triumphs of FDR’s Great Supreme Court Justices (2010) focuses on four of Roosevelt’s Supreme Court appointees: Felix Frankfurter, Hugo Black, Robert Jackson, and William O. Douglas, and “how the backgrounds, personalities, and experiences of the four justices shaped their philosophies and how those philosophies changed the Court from a conservative one resisting America’s liberal turn under FDR into the liberal one that helped remake the nation”. This group biography demonstrates that their competing judicial philosophies “are the ones that continue to preoccupy lawyers, law professors and judges”.
Divided by God: America's Church-State Problem--and What We Should Do About It
Divided By God: America’s Church-State Problem and What We Should Do About It (2005) describes “key episodes in the history of church-state relations to show how the growing religious diversity of the American people has led to new efforts to find common ground for political and social life.” Addressing the divide between the competing camps of “values evangelicals” and “legal secularists,” Feldman proposes a compromise “to allow religious symbols in public places but not to allow public funding for specifically religious practices or activities”.
What We Owe Iraq: War & The Ethics of Nation Building
What We Owe Iraq: War and the Ethics of Nation Building (2004) argues that “having broken the Iraqi government, Washington has an obligation to bring about a new and better one” while ensuring that nation building does not become “a paternalistic, colonialist charade.” As a constitutional advisor to the Coalition Provisional Authority in Iraq, Feldman suggests the United States ensure security and organize elections before withdrawing.
The Fall and Rise of the Islamic State
Perhaps no other Western writer has more deeply probed the bitter struggle in the Muslim world between the forces of religion and law and those of violence and lawlessness as Noah Feldman. His scholarship has defined the stakes in the Middle East today. Now, in this incisive book, Feldman tells the story behind the increasingly popular call for the establishment of the shari’a–the law of the traditional Islamic state–in the modern Muslim world.
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After Jihad: America and the Struggle for Islamic Democracy
After Jihad: America and the Struggle for Islamic Democracy (2003) contends that support of violent jihad in the Muslim world is declining in favor of popularity for both Islam and democracy. Explaining shared traits of Islam and democracy, such as equality and flexibility, Feldman argues that the two are in fact compatible and that “democracy in the Arab world should be Islamic in character.”
Constitutional Law: 20th Edition
This casebook provides a unique combination of clearly structured and lawyerly coverage of the cases with rich historical, theoretical, and philosophical materials that illuminate the development of our constitutional law. The note materials and questions in the casebook make it easy to structure classes and promote lively discussion. And comparative examples from the constitutional law of other nations are provided throughout.
The Twentieth Edition is an updated version of this classic casebook, adding new materials on the Supreme Court’s most recent decisions on the First Amendment, Equal Protection, Substantive Due Process, Separation of Powers, and Federalism.
First Amendment Law: 7th Edition
The Seventh Edition provides in-depth coverage of the freedoms of speech, press and association, as well as the free exercise and establishment clauses. The material covers in freestanding form all the chapters and materials relating to the First Amendment from Sullivan and Feldman’s Constitutional Law, Twentieth Edition. Highlights of the new edition include the state of the law on such contemporary First Amendment problems as free speech and social media and religious manifestations in public space. Students using this casebook will be well-equipped to litigate any area of First Amendment law.