Hamilton and the Law: Reading Today's Most Contentious Legal Issues through the Hit Musical

by Lisa A. Tucker (Editor)

Overview

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.

Product Details

ISBN-13:	9781501752216
Publisher:	Cornell University Press
Publication date:	10/15/2020
Pages:	336
Product dimensions:	6.00(w) x 9.00(h) x 1.06(d)
Age Range:	18 Years

About the Author

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.

Table of Contents

Part 1: "And so the American Experiment Begins": The Constitution and the Three Branches of Government
1. Lin-Manuel Miranda and the Future of Originalism, Richard Primus
2. Some Alexander Hamilton, but Not So Much Hamilton, in the New Supreme Court, John Q. Barrett
3. Tragedy in the Supreme Court: "I'd Rather Be Divisive Than Indecisive", Lisa A. Tucker
4. Alexander Hamilton's "One Shot" before the U.S. Supreme Court, Gregory G. Garre
5. "Never Gon' Be President Now", Michael Gerhardt
6. Hamilton: Child Laborer and Truant, Paul M. Secunda
Part 2: "America, You Great Unfinished Symphony"
7. Hamilton's America—and Ours, Kermit Roosevelt III
8. Hamilton and Washington at War and a Vision for Federal Power, Elizabeth B. Wydra
9. Two Oaths: Supporting and Defending the Constitution with Hamilton, Jill I. Goldenziel
Part 3: "We'll Never Be Truly Free": Hamilton and Race
10. Finding Constitutional Redemption through Hamilton, Christina Mulligan
11. Race, Nation, and Patrimony, or, the Stakes of Diversity in Hamilton, Anthony Paul Farley
12. "The World Turned Upside Down": Employment Discrimination, Race, and Authenticity in Hamilton, Marcia L. McCormick
13. Hamilton and the Power of Racial Fables in Examining the U.S. Constitution, Danielle Holley-Walker
Part 4: "I'm 'a Compel Him to Include Women in the Sequel"
14. On Women's Rights, Legal Change, and Incomplete Sequels, Eloise Pasachoff
15. When Your Job Is to Marry Rich: Marriage as a Market in Hamilton, Kimberly Mutcherson
16. "Love" Triangles: Romance or Domestic Violence?, Rosa Frazier
Part 5: "Immigrants, We Get the Job Done"
17. Hamilton's Dissent to the Travel Ban, Neal Katyal
18. Hamilton and the Limits of Contemporary Immigration Narratives, Anil Kalhan
19. Hamilton's Immigrant Story Today, Elizabeth Keyes
Part 6: "The Ten Duel Commandments"
20. Hamilton, Hip-Hop, and the Culture of Dueling in America, Glenn Harlan Reynolds
21. Alexander Hamilton, Citizen-Protector?, Jody Madeira
22. We Will Never Be Satisfied: Hamilton and Jefferson's Duel Over Constitutional Meaning, Ian Millhiser
23. Hamilton, Burr, and Defamation: Physical versus Verbal Duels, Benjamin Barton
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
25. Modern-Day Protests: As American as Apple Pie, Kimberly Jade Norwood
Part 7: "Who Tells Your Story?"
26. Every Action's an Act of Creation: Hamilton and Copyright Law, Rebecca Tushnet
27. Hollering to Be Heard: Copyright and the Aesthetics of Voice, Zahr K. Said
28. Taking Law School Musicals Seriously: A Little Love Letter to Legal Musicals and the Lawyers Who Love Them, Robin J. Effron
29. "The World Turned Upside Down": Hamilton and Deconstruction, Bret D. Asbury
Part 8: "What Is a Legacy?": Lessons from Hamilton beyond the Libretto
30. "Cabinet Battle #1": The Structure of Federalism, Erwin Chemerinsky
31. Hamilton's Bank and Jefferson's Nightmare, Mehrsa Baradaran
32. Alexander Hamilton's Legacy: The American Board of Directors, M. Todd Henderson
33. I Never Thought I'd Live Past Twenty": Hamilton through the Lens of Anticipated Early Death, Sarah Fishel

What People are Saying About This

Amy Howe

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.

Michael A. 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.

Steven Mazie

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.

Jeff Kosseff

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.

Shon Hopwood

For lovers of the law and Hamilton, this is an indispensable work from some of the most brilliant legal minds in the country.

Jennifer Taub

With Hamilton and the Law, Lisa Tucker harmonizes engaging essays by the nation's brightest legal stars. An entertaining book for all.

Pam Jenoff

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.

Tony Mauro

This ingenious book makes numerous connections between the musical and the high court, proving that Hamilton's impact resonates everywhere.

Alan Dershowitz

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.

Editorial Reviews

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.

Law360

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.

Los Angeles Review of Books

09/01/2020

Fans may not associate the musical Hamilton with the law, but once they finish this book, they'll realize that this was a topic just waiting to be written—and they'll be eager to revisit the soundtrack to pick up references they may have missed. Editor Tucker (Thomas R. Kline Sch. of Law, Drexel Univ.) and contributors including legal scholars, lawyers, and two former U.S. solicitors general explore the branches of government, race, gender, immigration, intellectual property, and more. Lawyer Neal Katyal, who challenged President Trump's so-called travel ban in federal court on behalf of the State of Hawaii, interprets the song "Immigrants (We Get the Job Done)" as a dissent to the Supreme Court decision Trump v. Hawaii. Law professor Zahr K. Said examines the musical, which references everything from Macbeth to Tupac Shakur, through the lens of copyright law. The authors make their articles accessible even to those without a law background, and the notes for each article are so thorough that those inspired by a particular subject will have a handy reading list to consult. VERDICT 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.—Mari Cheney, Paul L. Boley Law Lib., OR

Library Journal

The book would be good for collections on law and current affairs.

Choice

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.

Criminal Law & Criminal Justice Books Review

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.

Hedgehogs and Foxes Blog

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.

-- "Hedgehogs and Foxes Blog"

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.

-- "Criminal Law & Criminal Justice Books Review"

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.

-- "Los Angeles Review of Books"

The book would be good for collections on law and current affairs.

-- "Choice"

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.

-- "Law360"

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.

-- "Library Journal"

From the Publisher

"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."

Law360 Newswires