Hamilton and the Law: Reading Today's Most Contentious Legal Issues through the Hit Musical
Hamilton and the Law: Reading Today's Most Contentious Legal Issues through the Hit Musical
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Abstract
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. This book 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. 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.
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Front Matter
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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
Richard Primus
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2
Some Alexander Hamilton, but Not So Much Hamilton, in the New Supreme Court
John Q. Barrett
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3
Tragedy in the Supreme Court: “I’d Rather Be Divisive Than Indecisive”
Lisa A. Tucker
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4
Alexander Hamilton’s “One Shot” before the U.S. Supreme Court
Gregory G. Garre
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5
“Never Gon’ Be President Now”
Michael Gerhardt
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6
Hamilton: Child Laborer and Truant
Paul M. Secunda
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1
Lin-Manuel Miranda and the Future of Originalism
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Part 2 “America, You Great Unfinished Symphony”
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Part 3 “We’ll Never Be Truly Free”: Hamilton and Race
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10
Finding Constitutional Redemption through Hamilton
Christina Mulligan
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11
Race, Nation, and Patrimony, or, the Stakes of Diversity in Hamilton
Anthony Paul Farley
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12
“The World Turned Upside Down”: Employment Discrimination, Race, and Authenticity in Hamilton
Marcia L. McCormick
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13
Hamilton and the Power of Racial Fables in Examining the U.S. Constitution
Danielle Holley-Walker
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10
Finding Constitutional Redemption through Hamilton
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Part 4 “I’m ’a Compel Him to Include Women in the Sequel”
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Part 5 “Immigrants, We Get the Job Done”
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Part 6 “The Ten Duel Commandments”
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20
Hamilton, Hip-Hop, and the Culture of Dueling in America
Glenn Harlan Reynolds
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21
Alexander Hamilton, Citizen-Protector?
Jody Madeira
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22
We Will Never Be Satisfied: Hamilton and Jefferson’s Duel Over Constitutional Meaning
Ian Millhiser
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23
Hamilton, Burr, and Defamation: Physical versus Verbal Duels
Benjamin Barton
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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!
Joshua A. Douglas
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25
Modern-Day Protests: As American as Apple Pie
Kimberly Jade Norwood
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20
Hamilton, Hip-Hop, and the Culture of Dueling in America
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Part 7 “Who Tells Your Story?”
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26
“Every Action’s an Act of Creation”: Hamilton and Copyright Law
Rebecca Tushnet
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27
Hollering to Be Heard: Copyright and the Aesthetics of Voice
Zahr K. Said
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28
Taking Law School Musicals Seriously: A Little Love Letter to Legal Musicals and the Lawyers Who Love Them
Robin J. Effron
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29
“The World Turned Upside Down”: Hamilton and Deconstruction
Bret D. Asbury
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26
“Every Action’s an Act of Creation”: Hamilton and Copyright Law
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Part 8 “What Is a Legacy?”: Lessons from Hamilton beyond the Libretto
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30
“Cabinet Battle #1”: The Structure of Federalism
Erwin Chemerinsky
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31
Hamilton’s Bank and Jefferson’s Nightmare
Mehrsa Baradaran
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32
Alexander Hamilton’s Legacy: The American Board of Directors
M. Todd Henderson
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33
“I Never Thought I’d Live Past Twenty”: Hamilton through the Lens of Anticipated Early Death
Sarah Fishel
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30
“Cabinet Battle #1”: The Structure of Federalism
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End Matter
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