Texts on Constitutionalism & Terrorism

Gordon Silverstein gsilver at berkeley.edu
Sat Sep 8 17:48:53 PDT 2007

And if I might be so bold as to engage in shameless-self-promotion, I think
MAKING OF AMERICAN FOREIGN POLICY (Oxford Univ Press)  still holds up quite
well, particularly since it widens the focus to constitutional
interpretation, separation of powers and foreign policy ...
- Gordon Silverstein


From: conlawprof-bounces at lists.ucla.edu
[mailto:conlawprof-bounces at lists.ucla.edu] On Behalf Of Marty Lederman
Sent: Saturday, September 08, 2007 5:53 PM
To: RJLipkin at aol.com; CONLAWPROF at lists.ucla.edu; LAWCOURT-L at tulane.edu
Subject: Re: Texts on Constitutionalism & Terrorism

I don't think there's a single text that'll do the trick.  It's a little off
your specific focus, but I think basing a class around Schlesinger's
Imperial Presidency, perhaps in conjunction with Jack Goldsmith's new book
(a short, good and provocative read), might do the trick.  Henry Monaghan's
and Oren Gross's articles on emergencies are very good, as is Craig Green's
recent piece on Rutledge, which covers a good deal of ground on emergencies
and the Constitution.  Mark Tushnet himself put together a volume a couple
of years ago with some fine essays, including Pildes/Issacharoff.  Although
I'd take issue with many of the arguments in it, you might find the new
Posner/Vermeule volume of real value, too.

----- Original Message ----- 
From: RJLipkin at aol.com 
To: CONLAWPROF at lists.ucla.edu ; LAWCOURT-L at TULANE.EDU 
Sent: Saturday, September 08, 2007 6:01 PM
Subject: Texts on Constitutionalism & Terrorism

        I'm considering teaching a two credit seminar on constitutionalism
in times of terror and emergencies. I have deliberately resisted thinking
about these issues until now for idiosyncratic (and publicly boring)
reasons. I'd like suggestions from both law professors and political
scientists who have taught courses in this area.  I tend to favor adopting a
text by a single author, for example, in my constitutional theory seminar
I've used Dworkin's Law's Empire one semester, Ackerman's We the People in
another semester and Mark Tushnet's Taking the Constitution Away from the
Court in a third semester. My present text, Sandy Levinson's Our
Undemocratic Constitution is generating a lot of interesting discussions. I
like to be able to focus the students attention of a single author who has
well-argued systematic views on a host of issues.  Students then can write
their papers on issues raised by the course text and defended or criticized
by other authors. Accordingly, I'd prefer to adopt a text by a single author
for the constitutionalism and terrorism seminar.   But I'd also welcome
whatever other texts people care to recommend.  Thanks in advance. And if
necessary my apologies for cross posting.

Robert Justin Lipkin
Professor of Law
Widener University School of Law

Ratio Juris, Contributor:   <http://ratiojuris.blogspot.com/>
Essentially Contested America, Editor-In-Chief


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