Cornell University Press
Hamilton and the Law
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Edited by:
About this book
Since its Broadway debut, Hamilton: An American Musical has infused itself into the American experience: who shapes it, who owns it, who can rap it best. Lawyers and legal scholars, recognizing the way the musical speaks to some of our most complicated constitutional issues, have embraced Alexander Hamilton as the trendiest historical face in American civics. Hamilton and the Law offers a revealing look into the legal community's response to the musical, which continues to resonate in a country still deeply divided about the reach of the law.
A star-powered cast of legal minds—from two former U.S. solicitors general to leading commentators on culture and society—contribute brief and engaging magazine-style articles to this lively book. Intellectual property scholars share their thoughts on Hamilton's inventive use of other sources, while family law scholars explore domestic violence. Critical race experts consider how Hamilton furthers our understanding of law and race, while authorities on the Second Amendment discuss the language of the Constitution's most contested passage. Legal scholars moonlighting as musicians discuss how the musical lifts history and law out of dusty archives and onto the public stage. This collection of minds, inspired by the phenomenon of the musical and the Constitutional Convention of 1787, urges us to heed Lin-Manuel Miranda and the Founding Fathers and to create something new, daring, and different.
Author / Editor information
Lisa A. Tucker is Associate Professor of Law at the Thomas R. Kline School of Law at Drexel University and author of the novel Called On, as well as eleven books for children. She has been featured in numerous media outlets, including the Washington Post, the Chicago Tribune, People, Time, and NBC Nightly News.
Reviews
Although the musical is not without its historical inaccuracies and criticisms, it is an undeniable reminder of the powers of storytelling, representation, and the arts. Books such as Hamilton and the Law amplify said powers by bringing the material to new audiences and providing scholarly commentaries on a mix of legal, social, political, and cultural topics.
The book would be good for collections on law and current affairs.
Lisa A. Tucker has succeeded in using the innovation and exuberance of Lin-Manuel Miranda's ground-breaking musical to explore a wide range of legal, social, and historical issues. A smart and original book.
The collection has the seemingly incongruous effect of simultaneously drawing you into our formative history and the making of "Hamilton: An American Musical," while also contemplating the intractable issues facing us today. In this way, it invites readers to think not only about the relationships between art, law and society, but also the possible narratives one can tell about the America of days gone by and the ways in which those narratives can shape our future.
Hamilton and the Law shows us a look in the mirror and asks – can we abandon the founder myths so that we can realize our present-day reality and strive towards substantive equity for all? Hamilton, adored by millions, may be the pop culture medium that helps us heal our inconsistent conceptualizations of America's past, present, and future. Applause to you, Professor Tucker.
Whether or not readers have a strong grounding in the law, they'll be stirred by the connections the book draws among Hamilton, current events, and history.
Amy Howe, co-founder, SCOTUSblog:
Lin-Manuel Miranda's Hamilton introduced a generation to the tale of the Founding of our country. Now Lisa Tucker's brilliant volume does the same for important social and legal issues through the lens of this award-winning musical. It entertains while it educates.
Jennifer Taub, author of Other People's Houses:
With Hamilton and the Law, Lisa Tucker harmonizes engaging essays by the nation's brightest legal stars. An entertaining book for all.
Shon Hopwood, author of Law Man:
For lovers of the law and Hamilton, this is an indispensable work from some of the most brilliant legal minds in the country.
Pam Jenoff, Rutgers School of Law, author of The Lost Girls of Paris:
Hamilton and the Law is a smart, insightful gathering of some of the greatest legal thinkers of our time at the intersection of law, history, culture and the arts. Original and thought-provoking, it will inspire, inform, and entertain readers from all walks of life.
Michael A. Smerconish, Esq., host of CNN's Smerconish:
Hamilton and the Law marries two tracks—one, historical, and the other, musical—into a rollicking good legal education. From the 'The Ten Duel Commandments' to the ultimate participatory, 'Immigrants (We Get the Job Done),' this book will stay with you.
Jeff Kosseff, author of The Twenty-Six Words That Created the Internet:
Anyone who likes Hamilton and has a modicum of curiosity about the subject matter should own this book, and marvel at the incredible list of contributors, too.
Alan Dershowitz, Harvard University, author of Guilt by Accusation:
Most of us remember the first time we saw the transformative rap musical Hamilton, which educated and entertained generations. This fun book educates further, bringing back fond musical memories.
Tony Mauro, Supreme Court correspondent:
This ingenious book makes numerous connections between the musical and the high court, proving that Hamilton's impact resonates everywhere.
Steven Mazie, Supreme Court correspondent for The Economist:
A star-studded lineup of lawyers, legal scholars, and Supreme Court advocates explain how a Broadway rap opera crystallizes elements of American law and politics. Fans of Hamilton will find melody and passion infused into legal subjects, providing an uplifting soundtrack for everyone.
Topics
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Frontmatter
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Contents
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Preface: “Is This a Legal Matter?”
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Acknowledgments
xv - Part 1. “And so the American Experiment Begins”: The Constitution and the Three Branches of Government
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1. Lin-Manuel Miranda and the Future of Originalism
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2. Some Alexander Hamilton, but Not So Much Hamilton, in the New Supreme Court
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3. Tragedy in the Supreme Court: “I’d Rather Be Divisive Than Indecisive”
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4. Alexander Hamilton’s “One Shot” before the U.S. Supreme Court
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5. “Never Gon’ Be President Now”
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6. Hamilton: Child Laborer and Truant
37 - Part 2. “America, You Great Unfinished Symphony”
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7. Hamilton’s America—and Ours
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8. Hamilton and Washington at War and a Vision for Federal Power
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9. Two Oaths: Supporting and Defending the Constitution with Hamilton
59 - Part 3. “We’ll Never Be Truly Free”: Hamilton and Race
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10. Finding Constitutional Redemption through Hamilton
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11. Race, Nation, and Patrimony, or, the Stakes of Diversity in Hamilton
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12. “The World Turned Upside Down”: Employment Discrimination, Race, and Authenticity in Hamilton
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13. Hamilton and the Power of Racial Fables in Examining the U.S. Constitution
88 - Part 4. “I’m ’a Compel Him to Include Women in the Sequel”
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14. On Women’s Rights, Legal Change, and Incomplete Sequels
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15. When Your Job Is to Marry Rich: Marriage as a Market in Hamilton
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16. “Love” Triangles: Romance or Domestic Violence?
113 - Part 5. “Immigrants, We Get the Job Done”
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17. Hamilton’s Dissent to the Travel Ban
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18. Hamilton and the Limits of Contemporary Immigration Narratives
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19. Hamilton’s Immigrant Story Today
137 - Part 6. “The Ten Duel Commandments”
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20. Hamilton, Hip-Hop, and the Culture of Dueling in America
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21. Alexander Hamilton, Citizen-Protector?
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22. We Will Never Be Satisfied: Hamilton and Jefferson’s Duel Over Constitutional Meaning
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23. Hamilton, Burr, and Defamation: Physical versus Verbal Duels
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24. Elections as Duels: “You Know What? We Can Change That. You Know Why?” ’Cuz We Have the Support of Two-Thirds of Each House of Congress and Three-Quarters of the States!
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25. Modern-Day Protests: As American as Apple Pie
185 - Part 7. “Who Tells Your Story?”
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26. “Every Action’s an Act of Creation”: Hamilton and Copyright Law
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27. Hollering to Be Heard: Copyright and the Aesthetics of Voice
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28. Taking Law School Musicals Seriously: A Little Love Letter to Legal Musicals and the Lawyers Who Love Them
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29. “The World Turned Upside Down”: Hamilton and Deconstruction
218 - Part 8. “What Is a Legacy?”: Lessons from Hamilton beyond the Libretto
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30. “Cabinet Battle #1”: The Structure of Federalism
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31. Hamilton’s Bank and Jefferson’s Nightmare
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32. Alexander Hamilton’s Legacy: The American Board of Directors
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33. “I Never Thought I’d Live Past Twenty”: Hamilton through the Lens of Anticipated Early Death
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Notes
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List of Contributors
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Index
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