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The Schoolhouse Gate
- Public Education, the Supreme Court, and the Battle for the American Mind
- Narrated by: Robertson Dean
- Length: 19 hrs and 47 mins
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Publisher's summary
A Washington Post Notable Book of the Year
A New York Times Book Review Editors’ Choice
An award-winning constitutional law scholar at the University of Chicago (who clerked for Judge Merrick B. Garland, Justice Stephen Breyer, and Justice Sandra Day O’Connor) gives us an engaging and alarming book that aims to vindicate the rights of public school students, which have so often been undermined by the Supreme Court in recent decades.
Judicial decisions assessing the constitutional rights of students in the nation’s public schools have consistently generated bitter controversy. From racial segregation to unauthorized immigration, from antiwar protests to compulsory flag salutes, from economic inequality to teacher-led prayer - these are but a few of the cultural anxieties dividing American society that the Supreme Court has addressed in elementary and secondary schools. The Schoolhouse Gate gives a fresh, lucid, and provocative account of the historic legal battles waged over education and illuminates contemporary disputes that continue to fracture the nation.
Justin Driver maintains that since the 1970s the Supreme Court has regularly abdicated its responsibility for protecting students’ constitutional rights and risked transforming public schools into Constitution-free zones. Students deriving lessons about citizenship from the Court’s decisions in recent decades would conclude that the following actions taken by educators pass constitutional muster: inflicting severe corporal punishment on students without any procedural protections, searching students and their possessions without probable cause in bids to uncover violations of school rules, random drug testing of students who are not suspected of wrongdoing, and suppressing student speech for the viewpoint it espouses. Taking their cue from such decisions, lower courts have upheld a wide array of dubious school actions, including degrading strip searches, repressive dress codes, draconian “zero tolerance” disciplinary policies, and severe restrictions on off-campus speech.
Driver surveys this legal landscape with eloquence, highlights the gripping personal narratives behind landmark clashes, and warns that the repeated failure to honor students’ rights threatens our basic constitutional order. This magisterial book will make it impossible to view American schools - or America itself - in the same way again.
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Critic reviews
“The Schoolhouse Gate is the first book-length history of Supreme Court cases involving the constitutional rights of schoolchildren, a set of cases that, though often written about, have never before been written about all together, as if they constituted a distinct body of law.” (Jill Lepore, The New Yorker)
“Indispensable... bold and ultimately persuasive...astute... exquisitely well timed, given President Trump’s nomination of Brett Kavanaugh to replace Justice Kennedy.... Driver has performed a service in assembling the stories of so many important education cases in one encyclopedic, fair and elegantly written volume. It will remain on my desk for years to come.” (Dana Goldstein, The New York Times Book Review)
"This meticulous history examines rulings on free speech, integration and corporal punishment to argue that schools are our most significant arenas of constitutional conflict." (New York Times Book Review, Editors' Choice)
- A Washington Post Notable Book of the Year
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By: Nadine Strossen
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The Majesty of the Law
- Reflections of a Supreme Court Justice
- By: Sandra Day O'Connor
- Narrated by: Bernadette Dunne
- Length: 9 hrs and 30 mins
- Unabridged
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In this remarkable book, Sandra Day O’Connor explores the law, her life as a Supreme Court Justice, and how the Court has evolved and continues to function, grow, and change as an American institution. Tracing some of the origins of American law through history, people, ideas, and landmark cases, O’Connor sheds new light on the basics, exploring through personal observation the evolution of the Court and American democratic traditions.
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Informative and well-written
- By James on 07-11-05
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Making Our Democracy Work
- A Judge’s View
- By: Justice Stephen Breyer
- Narrated by: Luis Moreno
- Length: 10 hrs and 17 mins
- Unabridged
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Supreme Court Justice Stephen Breyer delivers an impassioned argument for the proper role of America’s highest judicial body. Examining historic and contemporary decisions by the Court, Breyer highlights the rulings that have bolstered public confidence as well as the missteps that have triggered distrust. What emerges is a unique approach - certain to be admired for years to come - to interpreting the Constitution.
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Timely
- By Don on 05-17-17
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Thy Kingdom Come
- An Evangelical's Lament
- By: Randall Balmer
- Narrated by: Jeff Woodman
- Length: 7 hrs
- Unabridged
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For much of American history, evangelicalism was aligned with progressive political causes: nineteenth-century evangelicals fought for the abolition of slavery, universal suffrage, and public education. But contemporary conservative activists have defaulted on this majestic legacy, embracing instead an agenda virtually indistinguishable from the Republican Party platform.
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Historical Reality
- By Cliff J on 08-10-07
By: Randall Balmer
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The Supremes' Greatest Hits, 2nd Revised & Updated Edition
- The 44 Supreme Court Cases That Most Directly Affect Your Life
- By: Michael G. Trachtman
- Narrated by: Jonathan Yen
- Length: 7 hrs and 20 mins
- Unabridged
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The Supreme Court's rulings have shaped American life and justice and allowed Americans to retain basic freedoms such as privacy, free speech, and the right to a fair trial. This revised and updated edition of Michael G. Trachtman's riveting work includes 10 important cases from 2010 to 2015.
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Nice review overall.
- By "freeindeed4ever" on 02-10-20
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Active Liberty
- Interpreting Our Democratic Constitution
- By: Stephen Breyer
- Narrated by: Stephen Breyer
- Length: 3 hrs and 35 mins
- Unabridged
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First published in September 2005 and based on a series of lectures delivered at Harvard, Active Liberty is a tight, extremely readable, almost memoir-like guide to interpreting the Constitution. Written by a justice of the Supreme Court, it focuses on a pragmatic approach to this great document that may become crucial as the Supreme Court faces deeply divisive decisions.
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Engaging, If Somewhat Dense
- By Maki on 09-04-07
By: Stephen Breyer
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Sex and the Constitution
- Sex, Religion, and Law from America's Origins to the Twenty-First Century
- By: Geoffrey R. Stone
- Narrated by: William Dufris
- Length: 20 hrs and 41 mins
- Unabridged
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Constitutional scholar Geoffrey R. Stone traces the evolution of legal and moral codes that have attempted to legislate sexual behavior from the ancient world to America's earliest days to today's fractious political climate. Stone crafts a remarkable narrative in which he shows how agitators, moralists, legislators, and especially the justices of the Supreme Court have historically navigated issues as explosive and divisive as abortion, homosexuality, pornography, and contraception.
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Divisive Issues
- By Joanne on 06-28-17
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We the People
- A Progressive Reading of the Constitution for the Twenty-First Century
- By: Erwin Chemerinsky
- Narrated by: Peter Berkrot
- Length: 7 hrs and 53 mins
- Unabridged
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From gun control to reproductive health, a conservative Supreme Court will reshape the lives of all Americans for decades to come. The time to develop and defend a progressive vision of the US Constitution that protects the rights of all people is now.
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Hypocritical evaluation of the constitution
- By surya on 03-23-19
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Please Stop Helping Us
- How Liberals Make It Harder for Blacks to Succeed
- By: Jason L. Riley
- Narrated by: J. D. Jackson
- Length: 5 hrs and 41 mins
- Unabridged
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Why is it that so many efforts by liberals to lift the Black underclass not only fail, but often harm the intended beneficiaries? In Please Stop Helping Us, Jason L. Riley examines how well-intentioned welfare programs are in fact holding Black Americans back. Minimum-wage laws may lift earnings for people who are already employed, but they price a disproportionate number of Blacks out of the labor force. Affirmative action in higher education is intended to address past discrimination, but the result is fewer Black college graduates than would otherwise exist.
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Required reading
- By Ken Larsen on 02-15-15
By: Jason L. Riley
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Hitler's American Model
- The United States and the Making of Nazi Race Law
- By: James Q. Whitman
- Narrated by: James Anderson Foster
- Length: 5 hrs and 36 mins
- Unabridged
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Nazism triumphed in Germany during the high era of Jim Crow laws in the United States. Did the American regime of racial oppression in any way inspire the Nazis? The unsettling answer is yes. James Whitman presents a detailed investigation of the American impact on the notorious Nuremberg Laws, the centerpiece anti-Jewish legislation of the Nazi regime.
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Did not we suspect this?
- By dessa on 11-04-18
By: James Q. Whitman
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Impossible Subjects
- Illegal Aliens and the Making of Modern America
- By: Mae M. Ngai
- Narrated by: Emily Woo Zeller
- Length: 14 hrs and 32 mins
- Unabridged
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This book traces the origins of the "illegal alien" in American law and society, explaining why and how illegal migration became the central problem in US immigration policy - a process that profoundly shaped ideas and practices about citizenship, race, and state authority in the 20th century.
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Excellent introduction to USA immigration
- By David on 03-17-23
By: Mae M. Ngai
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How Rights Went Wrong
- Why Our Obsession with Rights Is Tearing America Apart
- By: Jamal Greene
- Narrated by: Ryan Vincent Anderson
- Length: 11 hrs and 7 mins
- Unabridged
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Rights are a sacred part of American identity. Yet they were an afterthought for the Framers. Only as a result of the racial strife that exploded during the Civil War—and a series of resulting missteps by the Supreme Court—did rights gain such outsized power. Over and again, courts have treated rights conflicts as zero-sum games in which awarding rights to one side means denying rights to others. As eminent legal scholar Jamal Greene shows in How Rights Went Wrong, we need to recouple rights with justice—before they tear society apart.
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A different way to look at rights.
- By Nicolas Pabon on 07-11-23
By: Jamal Greene
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The Supreme Court
- The Personalities and Rivalries That Defined America
- By: Jeffrey Rosen
- Narrated by: Alan Sklar
- Length: 8 hrs and 43 mins
- Unabridged
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A leading Supreme Court expert recounts the personal and philosophical rivalries that forged our nation's highest court and continue to shape our daily lives. The Supreme Court is the most mysterious branch of government, and yet the Court is at root a human institution, made up of very bright people with very strong egos, for whom political and judicial conflicts often become personal.
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Overruled!
- By Stephen McLeod on 08-23-08
By: Jeffrey Rosen
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Imbeciles
- The Supreme Court, American Eugenics, and the Sterilization of Carrie Buck
- By: Adam Cohen
- Narrated by: Dan Woren
- Length: 13 hrs and 19 mins
- Unabridged
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Imbeciles is the shocking story of Buck v. Bell, a legal case that challenges our faith in American justice. A gripping courtroom drama, it pits a helpless young woman against powerful scientists, lawyers, and judges who believed that eugenic measures were necessary to save the nation from being “swamped with incompetence.”
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Compelling Concept, Aggravating Execution
- By Gillian on 04-05-16
By: Adam Cohen
What listeners say about The Schoolhouse Gate
Average customer ratingsReviews - Please select the tabs below to change the source of reviews.
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- JBC37
- 04-09-19
Balanced, researched, insightful and very timely
Prof. Driver, though he has his own perspective, presents the history to date of the intersection between the Court and education in a most informed, organized and impartial study. I wished I had such a book available when studying ConLay in the early 60s.
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- Jamie
- 10-05-18
Fascinating, engaging, and well composed
This book endeavors to examine the influence of it highest court on our youngest citizens.
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- Marissa Cohen
- 10-12-21
Outstanding!
Perhaps one of the most conclusive and well-written book regarding public education. Legal minds and curious listeners alike will learn more than imagined through this magical piece of scholarship.
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2 people found this helpful