Constitutional Law Research: Additional Books

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Excerpt from Westlaw's description: "Rotunda, Nowak, and Amar's Treatise on Constitutional Law: Substance and Procedure provides scholars, practitioners, judges, and officials with an up-to-date analysis and synthesis of federal constitutional law. Focus is primarily on the Supreme Court and incorporates the political, historical, and economic background of court decisions."

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Excerpt from Westlaw's description: "Judges from various state and federal courts, including the Supreme Court, have cited Modern Constitutional Law in support of their decisions. The treatise covers an expansive range of topics, and is designed to make constituitonal doctrine accessible to lawyers and non-lawyers."

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Westlaw's content highlights: "This set provides a systematic and comprehensive analysis of contemporary Fourth Amendment issues involving search and seizure."

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Excerpt from Lexis+ description: "This wide-ranging treatise examines all the complex constitutional issues involved in criminal law. Criminal Constitutional Law provides substantive discussion, as well as procedural guidelines on tactics and strategy. The treatise analyzes all important Supreme Court, federal and state decisions interpreting Constitution provisions."

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Excerpt from Lexis+ description: "Constitutional Rights of Prisoners details critical information on all aspects of prison litigation, including information on trial and appeal, conditions of isolated confinement, access to the courts, parole, right to medical aid, and liabilities of prison officials."

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Excerpt from this ebook's description: "[I]dentifies features and challenges common to the constitutional courts of small state jurisdictions in Europe. The constitutional courts of the following are explored: Andorra, Cyprus, Estonia, Liechtenstein, Luxembourg, Malta, Monaco, Montenegro, and San Marino."

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Excerpt from this ebook's description: "In Courts that Matter, Sandra Botero tackles a crucial question: Can courts advance socioeconomic rights? Using a rigorous comparative study of the impact of socioeconomic rights rulings in Colombia and Argentina, Botero argues that such decisions can be significantly impactful when courts deploy certain monitoring mechanisms and when legally empowered organizations in civil society are engaged in the outcome. The book includes case studies of landmark rulings on environmental, health, housing, and other socioeconomic rights and charts pathways for broader applicability through comparison with rulings by the Indian Supreme Court."

Excerpt from this ebook's description: "Is it possible to decolonize, decommodify, and depatriarchalize the constitution? The authors speak from multiple geographies, raise different questions, resort to differentiated theoretical approaches, and reveal varying levels of optimism about the possibilities of transforming constitutions."

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Excerpt from this ebook's description: "In a new era of rising protests, social unrest and political discontent globally, especially over climate change, war dangers, austerity measures and social inequality, the right to protest is a critical democratic right. Yet it is increasingly controversial and subject to government reaction. This book poses a crucial question: how to defend and extend democracy? It examines the critical historical, social, political, ethical and legal issues raised by the basic democratic right to protest and the legislative and executive measures being taken by governments to restrict it. These measures are examined with a focus on three countries with an English legal heritage: the United States, Britain and Australia. "

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Excerpt from this ebook's description: "Bringing together leading and emerging voices in constitutional law, this groundbreaking new collection considers recent democratising events in Ethiopia, The Gambia, Malaysia, Maldives, Myanmar, Sri Lanka, and Thailand."

Ebook available through Oxford Academic. Multiple digital copies are available.
Book review by Prof. Mark Tushnet: "How much does it matter that a constitution has or doesn't have a provision saying that the constitution protects freedom of expression? Professor Krotoszynski's impressive comparative study answers, "Some, but much less than you might think." Detailed studies of constitutional provisions (or their absence) and case law in the United States, South Africa, the United Kingdom, Australia, and Israel show that judicial attitudes toward representative democracy and embedded social and legal cultures are more important than constitutional texts in defining the contours of freedom of expression. A valuable and careful comparative study that scholars of free expression, comparative constitutional law, and interpretive methods will all profit from reading."

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Excerpt from this ebook's description: "In this ground-breaking two-volume set, world-leading experts produce a rich, authoritative depiction of the world's press, its freedom, and its limits."

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Excerpt from this ebook's description: "Constitutions are a product of history, but what is the role of history in interpreting and applying constitutional provisions? This volume addresses that question from a comparative perspective, examining different uses of history by courts in determining constitutional meaning."

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Excerpt from this ebook's description: "This book analyses the problem of the possibility of guaranteeing the constitutionality of law in cases when a constitutional court either has been weakened or does not exist. A starting point of the research is the emergence of the so-called illiberal constitutionalism in several states, namely Poland, Hungary and Turkey, as this phenomenon gravely affects the functioning of constitutional courts. The work is divided into three parts. The first contains contributions of a theoretical nature dedicated to the current shape of constitutional review, in particular in the light of the emergence of 'illiberal constitutionalism'. This part of the book also deals with the collapse of the centralised constitutional review in Poland and the attempts to resolve the constitutional crisis. The second is focused on discussing specific, current problems with constitutional review, on the basis of states such as Hungary, Romania, Turkey and Poland. The third relates to other forms of constitutional review, that is, the so-called dispersed model and the parliamentary one executed in the course of the legislative process. The contributions discuss such forms of constitutional review in the Netherlands and Finland."

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Excerpt from this ebook's description: "This book addresses whether the "gendering" of constitutions promotes women's equality. The authors use a mixed-methods approach to explore how constitutional gender rights affect political processes and strategies, legislative and judicial outcomes, and ultimately women's equality. They employ a cross-national study by constructing a unique database of gender provisions in over 100 countries at three points in time: 1995, 2005, and 2015. Four in-depth comparative case studies on Argentina, Chile, South Africa, and Botswana trace the complex relationship between constitutional law, strategies, and policy change in four policy areas: family law, gender-based violence, reproductive rights, and employment rights."

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Excerpt from this ebook's description: "In this ground-breaking two-volume set, world-leading experts produce a rich, authoritative depiction of the world's press, its freedom, and its limits."

Excerpt from this ebook's description: "This book addresses the current crisis that threatens the rule of law and has led to the need for its adjustment as normative concept, legal principle and pragmatic guideline for the behaviour of political players."

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Contents: Introduction : Constitution makers on Constitution making / Tom Ginsburg and Sumit Bisarya -- Making and remaking Kenya's Constitutiong / Christina Murray -- Kosovo's Independence Constitution : a unilateral commitment to an internationalized pouvoir constituant / Gresa Caka Nimani -- Decisions deadlocks and deadlines in making South Africa's Constitution / Hassen Ebrahim -- Makers of our own history : upholding the revolution and unsettling coloniality in the drafting of Tunisia's 2014 Constitution / Mabrouka M'Barek -- Nepal's constitutional development and the challenges of Constitution making / Jeetendra Dev -- The constituent process in Ecuadorian process / Norman Wray with Jacob Hamburger -- Burundi : the search for constitutional peace / Didace Kiganahe.

Contents: Pedagogy and conceptualization of the field / David S. Law -- The state of the field / Tom Ginsburg -- Methodology and research design / Ran Hirschl -- Constitutions and constitutionalism : China / Albert H.Y. Chen -- Constitution-making for divided societies : Afghanistan / Clark B. Lombardi & Shamshad Pasarlay -- Constitutional history and constitutional migration : Nepal / Mara Malagodi -- Constitutional transformation : Hungary / Yaniv Roznai -- International law and constitution-making : Sudan / Markus Böckenförde -- Judicial review of constitutional amendments : Taiwan / David S. Law & Hsiang-Yang Hsieh -- Nonjudicial constitutional interpretation : Netherlands / Maartje de Visser -- Transnational judicial communication : the European Union / Elaine Mak & David S. Law -- Social and economic rights : Argentina / Julieta Rossi & Daniel M. Brinks -- LGBTQ rights : Singapore / Lynette J. Chua -- Indigenous rights : New Zealand / Matthew S.R. Palmer -- Citizenship and nationality : Cyprus / Achilles Emilianides & Christos Papastylianos -- Affirmative Action : Brazil / Adilson José Moreira -- Subnational constitutionalism : Hong Kong / Cora Chan -- Electoral systems : Indonesia / Simon Butt -- Fourth-branch institutions : South Africa / Mark Tushnet -- Islamic Constitutionalism : Iran / Mirjam Künkler & David S Law -- Military influence on the constitutional order : Turkey / Ozan O. Varol -- Constitutional backsliding : Colombia / David Landau -- Privatization of constitutional law : Thailand / Victor V Ramraj & Thitinant Tengaumnuay.

Contents: Introduction -- Why a fourth branch?: the structural logic -- Why a fourth branch?: the functional logic -- Design issues in general -- Design principles in practice : a survey -- Anticorruption investigations: case studies from Brazil and South Africa -- Electoral commissions: case Studies from India, the United States, and South Korea -- Audit agencies -- Conclusion.

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Excerpt from this ebook's abstract: "Although the Global South represents ‘most of the world’ in terms of constitutions and population, it is still underrepresented in comparative constitutional discourse. Against this background, this volume posits that it is high time for a ‘Southern turn’ in comparative constitutional scholarship. It aims to take stock of existing scholarship on the Global South and comparative constitutional law and to move the debate forward. It brings together authors who all hail from, or are based in, the Global South and who represent a range of regions, perspectives, and methodological approaches."

Contents: Comparative methodologies / Ran Hirschl -- Constitutionalism(s) / Robert Schütze -- The United Kingdom Constitution / Mark Elliott -- French constitutional law / Denis Baranger -- U.S. constitutional law / Vicki C. Jackson -- The Constitution of the Republic of India / Anashri Pillay -- The Constitution of China / Qianfan Zhang -- Democracy / Paul Craig -- Separation of powers / Christoph Möllers -- The rule of law / András Sajó -- Human rights law / Conor Gearty -- Federalism / Raffaele Bifulco -- Parliaments / Nicola Lupo -- Governments / Philipp Dann -- Administration / Susan Rose-Ackerman -- Courts with constitutional jurisdiction / Cheryl Saunders -- Independent fiscal institutions / Cal Viney and Thomas Poole -- Multi-layered constitutions / Roger Masterman -- International constitutionalism / Jan Klabbers -- European constitutionalism / Kaarlo Tuori -- A new commonwealth constitutionalism? / Claudia Geiringer -- Constitutional transplants / Gábor Halmai.

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Contents: Constitutional ambiguity and presidential power -- Writing a new constitution -- Constitutional ambiguity -- A historical time series -- Obstacles to the interpretation of the constitution in early America -- The sovereign power and constitutional interpretation -- A strict interpretation of the constitution -- A living constitution -- The unitary executive theory -- The constitution and the supreme practical test.

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Contents: Section I: Separation of powers and constitutional authority -- Gouverneur Morris on the mixed regime and separation of powers / Christopher J. Bissex, Morning Consult -- John Adams and the defining of the federalist presidency / Jordan T. Cash, Michigan State University -- The compromise of 1850: The Senate's triumvirate on the price of union / Kevin J. Burns, Benedictine College -- Ronald Reagan as New Deal Conservative / Anthony D. Bartl, Angelo State University -- President Obama and the Jeffersonian tradition of executive power / Mark A. Scully, Lee University -- Executive privileges / Jeffrey J. Poelvoorde, Converse College -- American political development and ideational institutionalism / Benjamin A. Kleinerman, Baylor University, Matthew K. Reising, Princeton University -- Section II: Constitutional law and the American judiciary -- Power struggle: Locke and Montesquieu on judicial power / Adam M. Carrington, Ashland University -- Modern administration and the integrity of the article III judicial power / Matthew S. Brogdon, Utah Valley University -- The myth of the modern judiciary / Benjamin Slomski, Purdue University Fort Wayne -- "Tender and sacred ties": The Abolitionist defense of parental rights and the Thirteenth and Fourteenth Amendments / Joseph K. Griffith II, Ashland University -- The flag and the American constellation / Jacob Boros, Saint Vincent College -- Section III: Political theory and Republican government / James Madison's memorial and remonstrance and the first amendment / Michael P. Zuckert, University of Notre Dame -- Thomas Jefferson on higher education / Lee Ward, Baylor University -- Leo Strauss on the significance of the mutability of "natural right" / Timothy W. Burns, Baylor University -- Macbeth and Christian rule / Jerome C. Foss, Saint Vincent College -- Michelangelo's David and the Florentine Republic / J. David Alvis, Wofford College.

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Contents: Looking for Good Judgment in All the Right Places -- Judging Without Theory: The 1930s -- What Is Constitutional Theory and Why Should We Care? -- Why It's a Mistake to Ask Whether Originalism Is a Good Constitutional Theory -- Why It Doesn't Take a Theory to Beat a Theory -- Students for Fair Admissions and the Craft of Judging.

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Excerpt from this ebook's description: "A detailed and compelling examination of how the legal theory of originalism ignores and distorts the very constitutional history from which it derives interpretive authority."

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Excerpt from this ebook's description: "From one of the nation's preeminent constitutional scholars, a sweeping rethinking of the uses of history in constitutional interpretation."

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In SARA catalog record, click: "Online resources: Click here to access online." Multiple digital copies are available. 1 print copy also is available.

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Excerpt from this ebook's summary: "Harvard Law School professor Cass Sunstein provides a lively introduction to competing approaches to interpreting the Constitution - and argues that the only way to choose one is to ask whether it would change American life for the better or worse. If a method of interpretation would eliminate the right of privacy, allow racial segregation, or obliterate free speech, it would be unacceptable for that reason. But some Supreme Court justices are committed to "originalism," arguing that the meaning of the Constitution is settled by how it was publicly understood when it was ratified. Originalists insist that their approach is dictated by the Constitution. That, Sunstein argues, is a big mistake. The Constitution doesn't contain instructions for its own interpretation. Any approach to constitutional interpretation needs to be defended in terms of its broad effects--what it does to our rights and our institutions. It must respect those rights and institutions--and safeguard the conditions for democracy itself."

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Excerpt from this ebook's description: "In this profoundly important reassessment of constitutional interpretation, the eminent legal philosopher Hadley Arkes argues that 'originalism' alone is an inadequate answer to judicial activism."

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Excerpt from this ebook's description: "This book exposes the constitution for what it is – a rulebook to protect capitalism for the elites. The misplaced faith of social movements in the constitution as a framework for achieving justice actually obstructs social change - incessant lengthy election cycles, staggered terms and legislative sessions have kept those movements trapped in a redundant loop. This stymies progress on issues like labour rights, public health and climate change, projecting the American people and rest of the world towards destruction."

Excerpt from this book's description: "William Eskridge and John Ferejohn propose an original theory of constitutional law whereby, while the Constitution provides a vision, our democracy advances by means of statutes that supplement or even supplant the written Constitution."

In SARA catalog record for this open-access ebook, click: Online resources: Constitutionalism and transnational governance failures.

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Excerpt from abstract: "This book explores the seismic shift brought about by the 2022 US Supreme Court decision in Dobbs v. Jackson Women’s Health Organization, which dramatically changed the constitutional standing of abortion decisions set in place by Roe v. Wade 50 years earlier. The authors describe the history of US Supreme Court’s decision-making around abortion and some of its attendant considerations, including the constitutional right to privacy, moral obligations to protect life, and determinations about when life begins."

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Contents: How the law fails women: misogyny beyond misogynists -- The equal protection of feminists and misogynists -- Overentitlement and overempowerment -- Misogyny and maternity: abortion bans as overentitlement -- What to do about it: remaking constitutions and democracy -- From patriarchy to prohibition: resetting entitlements through constitutional change -- Rebalancing power through parity democracy -- Building feminist infrastructures: the constitutionalism of care.

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Excerpt from this ebook's description: "Fighting Mad is a book about what 'reproductive justice' means and what it looks like to fight for it. Editors Krystale E. Littlejohn and Rickie Solinger bring together many of the strongest, most resistant voices in the country to describe the impacts of the Supreme Court's Dobbs decision on abortion access and care."

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Excerpt from this ebook's description: "Decades before the overturning of Roe v. Wade, pregnant people faced arrest and prosecution for supposed crimes against the fertilized eggs, embryos, and fetuses they gestated. The Pregnancy Police investigates the legal arguments undergirding these prosecutions and sheds much-needed light on the networks of health-care providers, social workers, and legal personnel participating in this ongoing surveillance and punishment of pregnant people."

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Excerpt from Introduction, p. 18: "In this book I discuss only the acute dilemma of whether a viable fetus has a right to be born healthy at the stage of viability, in light of the latest technological developments." Includes discussion of "the important work of the legal scholar Judith Thomson."

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Excerpt from ebook's description: "Explores the historical development and severe ramifications of America's strict abortion regulations."

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Excerpt from this ebook's description: "With this volume, Roe v. Dobbs: The Past, Present and Future of a Constitutional Right of Abortion, we confront the remarkable beginning and end--once again, after a half-century of the landmark Supreme Court decision in Roe v. Wade, shockingly overruled by the Court in Dobbs v. Jackson Women's Health Organization. The goal of this book is to bring together some of our nation's leading constitutional scholars, historians, philosophers, and medical experts to share their views on whether there should be a constitutional right to abortion and what the consequences of Dobbs might be."

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Contents: Constitutional ambiguity and presidential power -- Writing a new constitution -- Constitutional ambiguity -- A historical time series -- Obstacles to the interpretation of the constitution in early America -- The sovereign power and constitutional interpretation -- A strict interpretation of the constitution -- A living constitution -- The unitary executive theory -- The constitution and the supreme practical test.

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Contents: The Founding Era -- The Nixon Era and the 1973 Office of Legal Counsel Memorandum -- The Clinton Era -- The Senate Judiciary Committee Hearing on Presidential Immunity -- The Second Memorandum of the Office of Legal Counsel -- Donald J. Trump v. Cyrus R. Vance -- The Separation of Powers -- Impeachment: Sequentiality -- Impeachment: Criminality -- The Rule of Law.

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Excerpt from this ebook's description: "[P]rovides the first comprehensive synthesis of the case law on academic freedom and the First Amendment at American universities. Responding to the judicial decisions and drawing on the justification for academic freedom as a professional norm, he develops a theory of academic freedom as a distinctive First Amendment right."

10/24/2024: Ordered by BLS LIbrary.
Excerpt from this guide's description: "Free speech is indispensable on college campuses, essential to learning and the pursuit of truth. But free speech does not mean a free-for-all. A university that values free expression still has to regulate some speech to enable its educational mission. So how can we distinguish reasonable restrictions from impermissible infringement? In this clear-headed, no-nonsense explainer, Cass Sunstein takes us briskly through a wide range of scenarios involving students, professors, and administrators."

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Excerpt from this ebook's description: This is a concise guide to "the most important free speech rules, rationales, and debates, including the strongest arguments for and against protecting the most controversial speech, such as hate speech and disinformation....The book focuses on modern First Amendment law, explaining the historic factors that propelled its evolution in a more speech-protective direction - in particular, the Civil Rights Movement. It highlights the many cases, involving multiple issues, in which robust speech-protective principles aided advocates of racial justice and other human rights causes."

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Excerpt from this ebook's description: "A timely, revelatory look at freedom of speech--our most basic right and the one that protects all the others."

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Excerpt from this ebook's description: this history "overturns the conventional wisdom about the Second Amendment--showing that the right to bear arms was not about protecting liberty but about preserving slavery."

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Excerpt from this ebook's abstract: "The essays in this book explore the historical tradition of gun rights and regulation, broadening the growing scholarly conversation about the law and history of firearms. The contributors, [who] include distinguished historians and legal scholars, add valuable new context and content to the place of guns in American law and society."

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Excerpt from this ebook's abstract: "Drawing on new information sources, this book examines those [contemporary] gun controversies in the light of our gun history and contemporary policy environment, covering gun policy areas including assault weapons, ammunition magazines, silencers, public gun brandishing and display, and the emergent Second Amendment sanctuary movement. Revealing and illuminating as that history is, the author argues that we should not be straitjacketed by that history, but rather informed by it as the nation struggles with how to frame its gun policies."

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Excerpt from this ebook's description: "Patrick J. Charles charts the rise of gun rights activism from the early twentieth century through the 1980 presidential election, pinpointing the role of the 1968 Gun Control Act....He examines in detail how the National Rifle Association reinvented itself as well as how other advocacy groups challenged the NRA’s political monopoly. Offering a deep dive into the politicization of gun rights, Vote Gun reveals the origins of the acrimonious divisions that persist to this day."

Available through Oxford Academic.
Excerpt from abstract: "This book argues that alignment between governmental outputs and popular preferences should be a tenet of the law of democracy. Alignment is a core democratic value. Yet it isn’t appreciated by election law scholarship, much of which focuses on other democratic goals. Nor do the courts consider alignment when deciding election law cases. In fact, the Roberts Court has undermined alignment at almost every turn. And in part because of these rulings, modern American politics is marred by pervasive misalignment. If alignment were recognized as a legal and political principle, it could function as a sword or as a shield."

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Publisher's summary: "Summary: "In The Court v. The Voters, law professor Joshua Douglas takes us behind the scenes of significant cases in voting rights--some surprising and unknown, some familiar--to investigate the historic crossroads that have irrevocably changed our elections and the nation. In crisp and accessible prose, Douglas tells the story of each case, sheds light on the intractable election problems we face as a result, and highlights the unique role the highest court has played in producing a broken electoral system."