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.
edited by Lisa A. Tucker
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