Perilous Times: Free Speech in Wartime from the Sedition Act of 1798 to the War on Terrorism By Geoffrey R. Stone (W.W. Norton & Co.) Winner of the 2004 Los Angeles Times Book Prize in the field of history, Geoffrey Stone’s Perilous Times: Free Speech in Wartime from the Sedition Act of 1798 to the War on Terrorism recounts the U.S. tendency to neglect the First Amendment in times of war. Devotion to our country and desire for safety have often left the freedom of speech in their wake, and Stone, a recurring visitor to the Law School, relies upon the wealth of examples from American history to illustrate “the challenge of balancing liberty and security in times of great national crisis.” On behalf of achieving this balance, Perilous Times also outlines the logic behind the First Amendment and the feasible reasons that could require its restriction, supplying instances when the rule was bent too far in both directions. Despite America’s history of missteps—such as the McCarran Act of 1950, which required all “Communist-action” organizations to register with the attorney general, and the Sedition Act of 1918, which forbade an Americans to use “disloyal, profane, scurrilous, or abusive language” about the U.S.—Stone believes progress is being made. “The major restrictions…of the past would be less thinkable today,” he writes, because “Americans have come increasingly to celebrate and take pride in the nation’s commitment to civil liberties.” More progress, Stone concludes, can be made by establishing safeguards from similar acts in the future. The L.A. Times called Stone’s work “a valuable reminder of why we should never take this historic freedom for granted.” And Christopher Capozzola of the Washington Post agrees, calling Perilous Times a “masterful history of free speech in wartime America…. We have long needed this book, though perhaps never as badly as we do today.”
“Arbitration Act Versus Bankruptcy Code: Battle of the Titans.” New York Law Journal, January 5, 2004, p. 3 (with Steven C. Bennett). “Eliminating Judicial Review of Arbitration.” New York Law Journal, March 4, 2004, p. 3 (with Steven C. Bennett). “The ‘Sawtelle’ Saga Continues.” New York Law Journal, July 2, 2004, p. 3 (with Steven C. Bennett). “Significant Nonlabor ‘Labor’ Decisions of the Supreme Court’s 2003-2004 Term.” 33(1) Labor and Employment Law 7 (2004). “‘Suders’ and Employer Liability.” New York Law Journal, June 24, 2004, p. 3 (with Steven C. Bennett). “When Appointment of International Arbitrators Fails.” New York Law Journal, May 14, 2004, p. 3 (with Steven C. Bennett). “When Is Domestic Arbitration International?” New York Law Journal, November 4, 2004, p. 3 (with Steven C. Bennett). Friedman, Barry “Symposium: Constitutional Borrowing. Editor’s Introduction.” 1 International Journal of Constitutional Law 177 (2003). Garland, David “Foreword to the Italian Language Edition,” in La Cultura del Controllo. Milan: Il Saggiatore, 2004. “The Work of Theory.” Perspectives: ASA Theory Newsletter, April 2004, p. 5. Gilligan, Carol A Radical New Map of Love (video recording). Norcross, GA: Playback Now, 2003. Gillers, Stephen “The Prudent Jurist (monthly column).” Legal Affairs.
“Terror & the Attack on Civil Liberties.” The New York Review of Books, November 6, 2003, p. 37. “What the Court Really Said.” The New York Review of Books, August 12, 2004, p. 26.
AUTUMN 2005
Estreicher, Samuel “Arbitrating Employment Disputes with Registered Representatives.” New York Law Journal, August 4, 2004, p. 3 (with Steven C. Bennett).
“Scalia’s Flawed Judgment.” The Nation, April 19, 2004, p. 21. “Tortured Reasoning.” American Lawyer, June 2004, p. 65.
Hershkoff, Helen “Civil Procedure in the Transnational Curriculum.” AALS Conference on Educating Lawyers for Transnational Challenges (with Oscar Chase). “Lawmaking and Judicial Review: What Degree of Deference Should State Courts Give to Legislative Findings?” 2004 Forum for State Appellate Court Judges, Roscoe Pound Institute, Washington, DC. Holmes, Stephen “Figures of Speech.” The American Prospect, November 2004, p. 11 (with Karen J. Greenberg). “No Grand Strategy and No Ultimate Aim. Book Review: Incoherent Empire by Michael Mann.” The London Review of Books, May 6, 2004, p. 9. “Rise of the Vulcans: The History of Bush’s War Cabinet.” The Nation, May 3, 2004, p. 25. Jacobs, James B. “Corruption and Democracy.” 84 Phi Kappa Phi Forum 21 (2004). Lowenfeld, Andreas F. American Law Institute, International Jurisdiction and Judgments Project (Tentative Draft No. 2), April 13, 2004 (with Linda Silberman). “Remembering Bob Hudec.” 6 Journal of International Economic Law 730 (2003). Mills, Linda G. “Insult to Injury: Rethinking Our Responses to Intimate Abuse. A Reply to Walter DeKeseredy.” 44 British Journal of Criminology 983 (2004). Nagel, Thomas “Much Ado. Book Review: Why Is There Something Rather Than Nothing by Bede Rundie.” TLS: The Times Literary Supplement, May 7, 2004, p. 3.
Pildes, Richard H. “The Role of Legislation in the Field of Public Law.” 7 New York University Journal of Legislation and Public Policy 1 (2004). Roznoveanu, Mirela “Book Review. Comparative Constitutionalism: Cases and Materials by Norman Dorsen.” 32 International Journal of Legal Information 132 (2004). Shaviro, Daniel N. “Book Review: Contemporary U.S. Tax Policy by C. Eugene Steuerle.” 57 National Tax Journal 961 (2004). “The New Age of Big Government.” 27(1) Regulation 36 (2004). “Social Security Privatization and the Fiscal Gap.” 65 Ohio State Law Journal 95 (2004). “Splitting the Baby: An Intermediate Tax Rate for Repatriations of Foreign Source Active Business Income?” National Tax Association Proceedings, 95th Annual Conference on Taxation 294 (2003). Silberman, Linda American Law Institute, International Jurisdiction and Judgments Project (Tentative Draft No. 2), April 13, 2004 (with Andreas F. Lowenfeld). “Enforcement and Recognition of Foreign Country Judgments in the United States.” 16 International Quarterly 253 (2004). Stimpson, Catharine R. “Academics in Literature— The Contradictory Representation of Academic Life in Literature Offers a Long and Rich History Full of Both Negative and Positive Portrayals.” 90(3) Academe 51 (2004). “Reclaiming the Mission of Graduate Education.” The Chronicle of Higher Education, June 18, 2004, p. B6.
Neuborne, Burt “Informal Remarks on the Limits of Facial Review in Complex Cases.” 6 University of Pennsylvania Journal of Constitutional Law 101 (2003).
THE LAW SCHOOL
91