Drawing on the German ordoliberal tradition, this book argues that liberalism's reliance on a utilitarian policy framework has resulted in increased concentrations of power, restricting freedom and equality. It proposes an alternative public policy framework and offers a practical pathway to realign policy making with liberal ideas.

"Symposium: The Meaning of the Civil Rights Revolution" is, in effect, a new and extensive book of contemporary thought on civil rights by many of today's leading writers on the Constitution. In February 2014, the Yale Law Journal held a symposium at Yale Law School marking the fiftieth anniversary of the Civil Rights Act of 1964 and the simultaneous publication of Bruce Ackerman’s We the People: The Civil Rights Revolution (2014). Contributors' essays reflected on the origins or status of the American civil rights project, using Ackerman’s book as a focal point or a foil. Those essays are collected as the June 2014 issue, the final issue of the academic year. The contents are: • We the People: Each and Every One — Randy E. Barnett • Reactionary Rhetoric and Liberal Legal Academia — Justin Driver • Popular Sovereignty and the United States Constitution: Tensions in the Ackermanian Program — Sanford Levinson • The Neo-Hamiltonian Temptation — David A. Strauss • The Civil Rights Canon: Above and Below — Tomiko Brown-Nagin • Changing the Wind: Notes Toward a Demosprudence of Law and Social Movements — Lani Guinier & Gerald Torres • Protecting Civil Rights in the Shadows — David A. Super • Universalism and Civil Rights (with Notes on Voting Rights After Shelby) — Samuel R. Bagenstos • Separate Spheres — Cary Franklin • Ackerman's Civil Rights Revolution and Modern American Racial Politics — Rogers M. Smith • Rethinking Rights After the Second Reconstruction — Richard Thompson Ford • A Revolution at War with Itself? Preserving Employment Preferences from Weber to Ricci — Sophia Z. Lee • Have We Moved Beyond the Civil Rights Revolution? — John D. Skrentny • Equal Protection in the Key of Respect — Deborah Hellman • Ackerman’s Brown — Randall L. Kennedy • The Anti-Humiliation Principle and Same-Sex Marriage — Kenji Yoshino • De-Schooling Constitutional Law — Bruce Ackerman The issue, the eighth and final one of Volume 123, also includes a cumulative Index to the entire volume's titles and authors. As with previous digital editions of Yale Law Journal available from Quid Pro Books, features include active Tables of Contents (including links in each Essay's own table), linked footnotes and URLs, and proper ebook and Bluebook formatting.

Eric Zencey's frontal assault on the "infinite planet" foundations of neoconservative political thought

Philosophy, Politics, and Economics, as an interdisciplinary endeavour, has surged in popularity in recent years. Work in this field usually draws on standard microeconomics to grapple with questions from political philosophy. But what might Austrian economics, which provides an alternative approach, have to offer to this endeavour?

Serf-era and provincial Russia heralded the spectacular turn in cultural history that began in the 1860s. Examining the role of arts and artists in society’s value system, Richard Stites explores this shift in a groundbreaking history of visual and performing arts in the last decades of serfdom. Provincial town and manor house engaged the culture of Moscow and St. Petersburg while thousands of serfs and ex-serfs created or performed. Mikhail Glinka raised Russian music to new levels and Anton Rubinstein struggled to found a conservatory. Long before the itinerants, painters explored town and country in genre scenes of everyday life. Serf actors on loan from their masters brought naturalistic acting from provincial theaters to the imperial stages. Stites’s richly detailed book offers new perspectives on the origins of Russia’s nineteenth-century artistic prowess.

A classic work in political philosophy, intellectual history and economics, The Road to Serfdom has inspired and infuriated politicians and scholars for half a century. Originally published in 1944, it was seen as heretical for its passionate warning against the dangers of state control over the means of production. For Hayek, the collectivist idea of empowering government with increasing economic control would lead not to a utopia but to the horrors of Nazi Germany and Fascist Italy. This new edition includes a foreword by series editor and leading Hayek scholar Bruce Caldwell explaining the book's origins and publishing history and assessing common misinterpretations of Hayek's thought. Caldwell has also standardized and corrected Hayek's references and added helpful new explanatory notes. Supplemented with an appendix of related materials and forewords to earlier editions by the likes of Milton Friedman, and Hayek himself, this new edition of The Road to Serfdom will be the definitive version of Friedrich Hayek's enduring masterwork.

The New Deal left a host of political, institutional, and economic legacies. Among them was the restructuring of the government into an administrative state with a powerful executive leader and a large class of unelected officials. This "leviathan" state was championed by the political left, and its continued growth and dominance in American politics is seen as a product of liberal thought—to the extent that "Big Government" is now nearly synonymous with liberalism. Yet there were tensions among liberal statists even as the leviathan first arose. Born in crisis and raised by technocrats, the bureaucratic state always rested on shaky foundations, and the liberals who built and supported it disagreed about whether and how to temper the excesses of the state while retaining its basic structure and function. Debating the American State traces the encounter between liberal thought and the rise of the administrative state and the resulting legitimacy issues that arose for democracy, the rule of law, and individual autonomy. Anne Kornhauser examines a broad and unusual cast of characters, including American social scientists and legal academics, the philosopher John Rawls, and German refugee intellectuals who had witnessed the destruction of democracy in the face of a totalitarian administrative state. In particular, she uncovers the sympathetic but concerned voices—commonly drowned out in the increasingly partisan political discourse—of critics who struggled to reconcile the positive aspects of the administrative state with the negative pressure such a contrivance brought on other liberal values such as individual autonomy, popular sovereignty, and social justice. By showing that the leviathan state was never given a principled and scrupulous justification by its proponents, Debating the American State reveals why the liberal state today remains haunted by programmatic dysfunctions and relentless political attacks.

For more than two decades, the law and economics movement has been one of the most influential and controversial schools of thought in American jurisprudence. In this authoritative intellectual history, James R. Hackney Jr. situates the modern law and economics movement within the trajectory of American jurisprudence from the early days of the Republic to the present. Hackney is particularly interested in the claims of objectivity or empiricism asserted by proponents of law and economics. He argues that the incorporation of economic analysis into legal decision making is not an inherently objective enterprise. Rather, law and economics often cloaks ideological determinations—particularly regarding the distribution of wealth—under the cover of science. Hackney demonstrates how legal-economic thought has been affected by the prevailing philosophical ideas about objectivity, which have in turn evolved in response to groundbreaking scientific discoveries. Thus Hackney’s narrative is a history not only of law and economics but also of select strands of philosophy and science. He traces forward from the seventeenth-century the interaction of legal thinking and economic analysis with ideas about the attainability of certitude. The principal legal-economic theories Hackney examines are those that emerged from classical legal thought, legal realism, law and neoclassical economics, and critical legal studies. He links these theories respectively to formalism, pragmatism, the analytic turn, and neopragmatism/postmodernism, and he explains how each of these schools of philosophical thought was influenced by specific scientific discoveries: Newtonian physics, Darwin’s theory of evolution, Einstein’s theories of relativity, and quantum mechanics. Under Cover of Science challenges claims that the contemporary law and economics movement is an objective endeavor by historicizing ideas about certitude and empiricism and their relation to legal-economic thought.