Would you want to be operated on by a surgeon trained at a medical school that did not evaluate its students? Would you want to fly in a plane designed by people convinced that the laws of physics are socially constructed? Would you want to be tried by a legal system indifferent to the distinction between fact and fiction? These questions may seem absurd, but these are theories being seriously advanced by radical multiculturalists that force us to ask them. These scholars assert that such concepts as truth and merit are inextricably racist and sexist, that reason and objectivity are merely...

In "Lincoln's Constitution" Daniel Farber leads the reader to understand exactly how Abraham Lincoln faced the inevitable constitutional issues brought on by the Civil War. Examining what arguments Lincoln made in defense of his actions and how his words and deeds fit into the context of the times, Farber illuminates Lincoln's actions by placing them squarely within their historical moment. The answers here are crucial not only for a better understanding of the Civil War but also for shedding light on issues-state sovereignty, presidential power, and limitations on civil liberties in the name...

In Law and Public Choice, Daniel Farber and Philip Frickey present a remarkably rich
and accessible introduction to the driving principles of public choice. In this, the first
systematic look at the implications of social choice for legal doctrine, Farber and Frickey
carefully review both the empirical and theoretical literature about interest group influence and provide a nonmathematical introduction to formal models of legislative action. Ideal for course use, this volume offers a balanced and perceptive analysis and critique of an approach which, within limits, can...

"Eco-pragmatism" takes on the most critical controversies in environmental law today: how to weigh economic costs against environmental quality and human life, how to assess the long time horizons of environmental problems, and how to make appropriate decisions in the face of scientific uncertainty about the scope of environmental problems.
"A comprehensive well-argued effort to address many of the most difficult issues facing legislators concerned with environmental issues." Stephen P. Adamian, "Boston Book Review"
"A timely and well-argued contribution." Calestous Juma, "Nature""

"Eco-pragmatism" takes on the most critical controversies in environmental law today: how to weigh economic costs against environmental quality and human life, how to assess the long time horizons of environmental problems, and how to make appropriate decisions in the face of scientific uncertainty about the scope of environmental problems.
"A comprehensive well-argued effort to address many of the most difficult issues facing legislators concerned with environmental issues." Stephen P. Adamian, "Boston Book Review"
"A timely and well-argued contribution." Calestous Juma, "Nature""

Irreverent, provocative, and engaging, Desperately Seeking Certainty attacks the current legal vogue for grand unified theories of constitutional interpretation.

Judgement Calls tackles one of the most important and controversial legal questions in contemporary America: How should judges interpret the Constitution? Our Constitution contains a great deal of language that is vague, broad, or ambiguous, making its meaning uncertain. Many people believe this uncertainty allows judges too much discretion. They suggest that constitutional adjudication is just politics in disguise, and that judges are legislators in robes who read the Constitution in accordance with their own political views. Some think that political decision making by judges is...