Volokh Conspiracy Holiday Gifts – 2021

It’s the holiday season. What could be better for gift ideas for Volokh Conspiracy loyal readers than books from VC bloggers?

Two new books were published by VC contributors this year.

Randy Barnett’s The Fourteenth Amendment’s Original Meaning: Its Spirit and LetterEvan Bernick co-authored the book, as well as the edited edition of Own Moving freely: Migration and Foot Voting. Barnett’s and Bernick’s book are a significant contribution to understanding what many regard as the greatest amendment to the Constitution. This book may change the way we view the Fourteenth Amendment. That was something I felt!

Jonathan Adler’s edited volume  Marijuana FederalismIt was published in the last year. The book includes all you could want to know about the relation between federalism & pot. It also features contributions from leading scholars across a variety of disciplines.

You are free to move Makes the case that people should have more opportunities to vote with their feet in the federal, private, and international systems. The key benefits of foot voting are over traditional ballot box voting. I also explain how breaking down the barriers that prevent foot voting from happening can dramatically increase freedom and opportunities for millions around the globe. The revised edition addresses several new issues, including arguments that migration must be constrained to prevent the spread of  dangerous diseases such as Covid-19, claims that immigrants might generate a political backlash that threatens democracy, and the impact of remote work on foot voting. The original edition was published in 50%. I will donate half of any royalties to charities that benefit refugees. These people are unfortunately in much greater need during this time.

Randy Barnett’s is one of my favourite books written by VC writers. The Restoring of the Lost Constitution, David Bernstein’s Rehabilitating Lochner, Dale Carpenter, Flagrant Conduct: Lawrence and Texas’ StoryJonathan Adler Roberts Court for BusinessJosh Blackman Unprecedented It’s all possibleEugene Volokh and. Academic legal writing.

Randy’s book, “Originalism and Constitutional Legitimacy,” is one the finest recent works in this area. The book has relevance to current debates about legal interpretation, which will continue to heat up when the Supreme Court decides on several cases. Rehabilitating LochnerThis article debunks many myths surrounding one of the Court’s most controversial decisions. One that is relevant to ongoing debates on “judicial activism.” Flagrant ConductIt is a wonderful account of an important moment in gay rights history. The book gives historical context to the ongoing battles for same-sex marriage rights and related issues. Jonathan Adler’s edited volume provides a good guide for the topic of whether the Supreme Court favors the business interest, as well as how we can assess claims that the court has a biased pro-business view. Josh Blackman’s books give a detailed account of the extensive litigation that erupted due to the Affordable Care Act. Finally, Academic legal writingThis book is full of useful information, but also manages to keep this otherwise boring topic exciting.

The Cambridge Handbook of Classical Liberal ThoughtThis edited edition by Todd Henderson includes three chapters from different VC bloggers, Jonathan Adler (environmental policy), David Bernstein (anti-discrimination) and my contribution to “voting with our feet.”

These books are not to be considered as lesser-known than those by Ken Anderson (or Sam Bray), Orin Kerr (or David Kopel), David Post (or David Kopel), and others. They are not my areas of expertise so I am not able to discuss them.

My book’s second edition has been expanded in shameless self promotion. Democracy and Political Ignorance: Why smaller governments are smarter. This is my most recent book. You are free to moveWas Eminent Domain: A Comparative Perspective,Co-authored with Iljoong Kim, Hojun Lee. This book examines how eminent domain is used and abused in various countries all over the globe.

Other books I have included The Grasping Hand: Kelo V. City of New London & the Limits of Eminent DomainThe first ever book written by a lawyer scholar on one of the most controversial recent Supreme Court decisions is titled “The First Book About the Supreme Court.” Conspiracy to Defeat Obamacare: Volokh Conspiracy in Health Care CaseCo-authored with VC-ers Randy Barnett (or Jonathan Adler), David Bernstein and Orin Kerr. Conspiracy Against ObamacareThe book focuses on the VC’s important role in Obamacare litigation and includes six contributions from VC bloggers. The University of Chicago Press released a paperback version of the book in 2016. The Grasping handThe new content includes material about recent developments like the political and legal struggle for pipeline takeovers.

All of our readers, I wish you a Happy Holiday Season!