Jed Rubenfeld - Böcker

Although constitutional law is supposed to be fixed and enduring, its central narrative in the twentieth century has been one of radical reinterpretation--Brown v. Board of Education, Roe v. Wade, Bush v. Gore. What, if anything, justifies such radical reinterpretation? How does it work doctrinally? What, if anything, structures it or limits it? Jed Rubenfeld finds a pattern in American constitutional interpretation that answers these questions convincingly. He posits two different understandings of how constitutional rights would apply or not apply to particular legislation. One is that a right would be violated if certain laws were passed. The other is that a right would not be violated. He calls the former "Application Understandings" and the latter "No-Application Understandings." He finds that constitutional law has almost always adhered to all of the original Application Understandings, but where it has departed from history, as it did in the Brown decision, it has departed from No-Application Understandings. Specifically, the Fourteenth Amendment did not prohibit racial segregation, so Rubenfeld argues that the Supreme Court had no problem reinterpreting it to prohibit it. It was a No-Application Understanding.This is a powerful argument that challenges current theories of constitutional interpretation from Bork to Dworkin. It rejects simplistic originalism, but restores historicity to constitutional theorizing.

The 10 year anniversary edition of a dazzling literary thriller including brand new material, THE INTERPRETATION OF MURDER is the story of Sigmund Freud assisting a Manhattan murder investigation. Think SHADOW OF THE WIND meets THE HISTORIAN.THE INTERPRETATION OF MURDER is an inventive tour de force inspired by Sigmund Freud's 1909 visit to America, accompanied by protégé and rival Carl Jung. When a wealthy young debutante is discovered bound, whipped and strangled in a luxurious apartment overlooking the city, and another society beauty narrowly escapes the same fate, the mayor of New York calls upon Freud to use his revolutionary new ideas to help the surviving victim recover her memory of the attack, and solve the crime. But nothing about the attacks - or about the surviving victim, Nora - is quite as it seems. And there are those in very high places determined to stop the truth coming out, and Freud's startling theories taking root on American soil.

A spellbinding literary thriller about terror, war, greed, and the darkest secrets of the human soul, by the author of the million-copy bestseller, The Interpretation of Murder.September 16, 1920. Under a clear blue September sky, a quarter ton of explosives is detonated in a deadly attack on Wall Street. Fear comes to the streets of New York.Witnessing the blast are war veteran Stratham Younger, his friend James Littlemore of the NY Police Department, and beautiful French radiochemist Colette Rousseau. A series of inexplicable attacks on Colette, a secret buried in her past, and a mysterious trail of evidence lead Younger, Littlemore, and Rousseau on a thrilling international and psychological journey - from Paris to Prague, from the Vienna home of Freud to the corridors of power in Washington, DC, and ultimately to the hidden depths of our most savage instincts. As the seemingly disjointed pieces of Younger and Littlemore's investigations come together, the two uncover the shocking truth about the bombing - a truth that threatens to shake their world to its foundations.

Why do Jews win so many Nobel Prizes and Pulitzer Prizes?Why are Mormons running the business and finance sectors?Why do the children of even impoverished and poorly educated Chinese immigrants excel so remarkably at school?It may be taboo to say it, but some cultural groups starkly outperform others. The bestselling husband and wife team Amy Chua, author of Battle Hymn of the Tiger Mother, and Jed Rubenfeld, author of The Interpretation of Murder, reveal the three essential components of success – its hidden spurs, inner dynamics and its potentially damaging costs – showing how, ultimately, when properly understood and harnessed, the Triple Package can put anyone on their chosen path to success.