Constitutional and administrative law: general Books
Cambridge University Press Making Comparisons in Equality Law
Book SynopsisThis book seeks to rebalance the relationship between comparison and justification to achieve more effective equality and non-discrimination law. As one of the most distinguished equality lawyers of his generation, having appeared in over 40 cases in the House of Lords and the Supreme Court and many leading cases in the Court of Justice, Robin Allen QC is well placed to explore this critical issue. He shows how the principle of equality is nothing if not founded on apt comparisons. By examining the changing way men and women''s work has been compared over the last 100 years he shows the importance of understanding the framework for comparison. With these insights, he addresses contemporary problems of age discrimination and conflict of equality rights.Table of Contents1. Why comparisons matter?; 2. Establishing an effective right to equal pay for equal work; 3. Comparing across the ages; 4. Comparisons when equality rights are in conflict.
£65.55
St Martin's Press Inventing Equality
Book SynopsisThe evolution of the battle for true equality in America seen through the men, ideas, and politics behind the 13th, 14th, and 15th Amendments passed at the end of the Civil War. On July 4, 1852, Frederick Douglass stood in front of a crowd in Rochester, New York, and asked, What to the slave is the Fourth of July? The audience had invited him to speak on the day celebrating freedom, and had expected him to offer a hopeful message about America; instead, he'd offered back to them their own hypocrisy. How could the Constitution defend both freedom and slavery? How could it celebrate liberty with one hand while withdrawing it with another? Theirs was a country which promoted and even celebrated inequality. From the very beginning, American history can be seen as a battle to reconcile the large gap between America's stated ideals and the reality of its republic. Its struggle is not one of steady progress toward greater freedom and equality, but rather for every s
£21.84
Bloomsbury Publishing PLC Stretching the Constitution: The Brexit Shock in
Book SynopsisHow far did the European Union (EU) referendum result of 23 June 2016 really justify and necessitate the policies executed in response to it? What are the implications of that vote and its prolonged aftermath for the United Kingdom (UK) constitution? What other challenges does our political system face? This book seeks to answer these questions. It considers from a constitutional perspective the way in which the decision to leave the EU was taken and then implemented, discussing in particular the role of Parliament. It includes a close analysis of the referendum legislation, and relevant Commons debates. Adapting methods from applied history, the author considers the wider implications of Brexit by assessing a series of proposals for constitutional reform produced in the UK since 1900. He addresses features of the UK system including referendums, representative democracy, Parliament, devolution, and the executive, from both an historic and contemporary point of view. The book assesses other issues that do not arise directly from Brexit but that have constitutional implications and a global aspect to them. They include political applications of the Internet and climate change. Finally, the author makes a series of proposals for reforms that will help the democratic system of the UK to adapt to its changing environment.Trade ReviewStretching the Constitution by Andrew Blick, a constitutional scholar, is refreshing in that it employs a unique approach by seeking to place Brexit within the wider context of constitutional reform debates going back over the course of the past century... The historical context provided to contemporary debates is insightful, but also very instructive in introducing the modern reader to materials of which they would in many instances have been ignorant or unaware. Anyone who purports to be a scholar of constitutional affairs should read Stretching the Constitution. -- Dr Gary Wilson, Senior Lecturer in Law at Liverpool John Moores University * LSE Review of Books *Stretching the Constitution is insightful and thought-provoking. The book is recommended to scholars of constitutional affairs as well as to “political junkies” curious about the historical parallels and precedents behind the Brexit process. -- Donata Krakowski-White * Canadian Law Library Review *This book brutally dissects the democratic calamity our constitutional system brought upon itself through the European Union referendum of June 2016. But it also gives cause for optimism. By looking to the past, the author uncovers possible solutions to many of the dilemmas we face today. They range from the tension between direct and representative government to the abuse of online campaigning. All those concerned about the future of the United Kingdom constitution must read Blick’s latest work. -- Graham Allen, Visiting Professor, King’s College London. Chair of the House of Commons Political and Constitutional Reform Committee, 2010–2015.Table of ContentsIntroduction Part 1: Brexit and the constitution Chapter 1 The constitutional connotations Chapter 2 The basis for the 2016 referendum: law, politics and the constitution Part 2: The Past and the Future Chapter 3 Multi-state organisations Chapter 4 Advocating the referendum Chapter 5 Representative democracy: reform and challenge Chapter 6 Programmes for Parliament Chapter 7 The territorial constitution Chapter 8 The executive: organisation, power and constraint Chapter 9 The digital constitution Conclusions
£98.30
Nova Science Publishers Inc U.S. Postal Service Reform: Issues & Strategies
Book Synopsis
£120.79
Nova Science Publishers Inc Elusive Balance: The Religion Clauses in
Book SynopsisThis reference guide provides the reader straightforward coverage on the controversial and often complicated topic of how the U.S. Supreme Court interprets the Religion Clauses of the U.S. Constitution, which promote the free exercise of religion and prohibit the establishment of religion. The resulting court decisions affects the lives of all Americans in an amazingly wide variety of contexts in the religious and government context. This diverse range includes abortion, conscience rights, drug use, military service, and the rights of same sex couples. These issues are highly controversial and often passionately divisive. This work specifically addresses how the Supreme Court has decided these issues during the tenure of the current Chief Justice, John Roberts. In applying the Religion Clauses to a specific case, the justices often follow the philosophical principles of what the Clauses mean. This book explains these differing ideologies and their significance in Supreme Court jurisprudence on cases where the Religion Clauses have been invoked. While holding to long-established principles, American law constantly evolves to meet the challenges of the United States and as a result of reinterpretation of existing legal issues. Chief Justice John Roberts has served on the Court since 2005. The Court has significantly changed during this time, especially in recent years. As jurists change, the overall judicial perspective of the Court changes as well, giving rise to a potentially new Constitutional jurisprudence in all areas of the law. In covering constitutional jurisprudence in contemporary America, we discuss complicated topics in plain English, with minimal jargon, to make the work as accessible as possible to students and general readers. Editorial enhancements are provided to help the researcher refine or expand their research. As a reference work, this book is not offered to persuade the reader to adopt a particular opinion, but instead, seeks to be unbiased, presenting differing positions on given issues, and facilitating the reader to make informed on some of the most important issues in contemporary American society.Table of ContentsIntroduction; The Religion Clauses in the US Supreme Court, 1953 through 2005; The Religion Clauses in the Roberts Court; Conclusion: Current Issues and Future Prospects; Index.
£163.19
Nova Science Publishers Inc Terrorists, Enemy Combatant Detainees & the
Book Synopsis
£124.49
Nova Science Publishers Inc Developmental Disabilities Act: Accomplishments &
Book SynopsisThe Developmental Disabilities Assistance and Bill of Rights Act (commonly known as the DD Act) provides federal financial assistance to states and public and non-profit agencies to support community-based delivery of services to persons with developmental disabilities. The DD Act defines developmental disabilities (DD) as severe, life-long disabilities attributable to mental and/or physical impairment. The aim of the DD Act is to help individuals with DD maximise their potential through increased independence, productivity, inclusion and integration into the community. This book provides background and funding information on DD Act programs, discusses evaluation activities, and summarises recent legislative efforts related to the DD Act.
£185.99
Nova Science Publishers Inc Reporting Child Abuse & Neglect: Aspects &
Book Synopsis
£185.99
Nova Science Publishers Inc Federal Government & the REINS Act: Major
Book Synopsis
£106.49
Nova Science Publishers Inc Religious Entanglements in a Secular World
Book SynopsisThe First Amendment of the U.S. Constitution prohibits the government from establishing a religion and guarantees citizens the right to freely exercise their religion. The U.S. Supreme Court has clarified the scope of these broad guarantees. This book examines the law of Church and State with a focus its general principles and current interpretations; the application of religious law in U.S. courts; public display of the Ten Commandments and other religious symbols; religion and the workplace; military personnel and freedom of religion; health care providers'' religious objections to medical treatment; religious exemptions for mandatory health care programs; legal issues associated with religious organisations that receive public funds; legal issues related to funding for religious schools and legal analysis of religious exemptions for photo identification requirements.
£106.49
Nova Science Publishers Inc Strategy & Science at the FDA: Plans, Goals &
Book SynopsisFDA''s primary responsibility is to protect the American people from unsafe or mislabelled food, drugs, and other medical products and to make sure consumers have access to accurate, science-based information about the products they need and rely on every day. The agency also guides and oversees the development and availability of effective new medical products and new food products that harness the latest advances in science and technology to improve the health and well-being of American consumers. This book explores the FDA''s strategic priorities and vision for the future which includes a transformed and integrated global food system, focused on prevention and improved nutrition, as well as an investment in medical science and technology, to ultimately better promote and protect the health of the American people.
£106.49
Springer International Publishing AG SCOTUS 2022: Major Decisions and Developments of
Book SynopsisEach year, the Supreme Court of the United States announces new rulings with deep consequences for our lives. This fifth volume in Palgrave’s SCOTUS series describes, explains, and contextualizes the landmark cases of the US Supreme Court in the term ending 2022. With a close look at cases involving key issues and debates in American politics and society, SCOTUS 2022 tackles the Court’s rulings on abortion, guns, religion, environmental regulation, pandemic controls, immigration and more. Written by notable scholars in political science and law, the chapters in SCOTUS 2022 present the details of each ruling, its meaning for constitutional debate, and its impact on public policy or partisan politics. Finally, SCOTUS 2022 offers an analysis of the current ideological and interpretive divisions on the Court, including an analysis of the unprecedented leak of the Dobbs draft ruling.Table of ContentsChapter 1: Introduction: The 2021-2022 Term at the Supreme Court (Morgan Marietta, UMass Lowell) Chapter 2: Alabama Assoc. of Realtors, NFIB v. Dep. of Labor, and Biden v. Missouri on the Pandemic Restrictions (Herschel Nachlis, Dartmouth College) Chapter 3: American Hospital Association v. Becerra on Deference to Federal Agencies (Adamu Shauka, SUNY Buffalo) Chapter 4: Biden v. Texas on Immigration Policy at the US/Mexico Border (Carol Nackenoff, Swarthmore College) Chapter 5: Carson v. Makin on Religion and Schools (Howard Schweber, University of Wisconsin) Chapter 6: Dobbs v. Jackson Women’s Health on Abortion and Roe v. Wade(Mary Ziegler, University of California Davis School of Law) Chapter 7: FBI v. Fazaga and US v. Zubaydah on State Secrets and the Post-9/11 Cases (Harry Pohlman, Dickinson College) Chapter 8: Kennedy v. Bremerton on Religious Expression in Schools (Steven Lichtman, Shippensburg University) Chapter 9: NY State Rifle & Pistol v. Bruen on the Second Amendment and Concealed Carry Laws (Douglas Dow, University of Texas at Dallas) Chapter 10: Ramirez v. Collier on the Death Penalty and Religious Rights (Kevin Pybas, Missouri State University) Chapter 11: Shurtleff v. Boston on Free Expression and Government Speech (Rich Pacelle, University of Tennessee) Chapter 12: US v. Vaello Madero on Puerto Rico in the Constitutional Order (Mark Graber, University of Maryland School of Law) Chapter 13: Vega v. Tekoh on Enforcement of the Miranda Rule (Rory Little, UC Hastings School of Law) Chapter 14: West Virginia v. EPA on the Clean Air Act and Federal Agency Powers (Shep Melnick, Boston College) Chapter 15: Whole Woman’s Health v. Jackson on Delegated Enforcement of Abortion Restrictions (Julie Novkov, University of Albany, SUNY) Chapter 16: The Legacy of Justice Stephen Breyer (Paul Collins, UMass Amherst) & Artemus Ward, Northern Illinois University) Chapter 17: Justice Amy Coney Barrett’s First Years on the Court (Kathleen Burch, Atlanta’s John Marshall Law School) Chapter 18: The Influence of the Trump Justices and the New Court Majority (Ryan Black, Michigan State University) Chapter 19: The Leak of the Dobbs Draft (Scott Gerber, Ohio Northern University College of Law)
£18.39
Universal Law Publishing Co Ltd The New Universe of Human Rights
Book Synopsis
£16.88
Kite Group Ltd Leading Cases in Maltese Constitutional Law
Book Synopsis
£42.50
Nova Science Publishers Inc Why Do (Some) Americans Love Their Guns?:
Book Synopsis
£62.04
Oxford University Press New Introduction to American Constitutionalism
Book SynopsisA New Introduction to American Constitutionalism is the first text to study the entirety of American constitutionalism, not just the traces that appear in Supreme Court decisions. Mark A. Graber both explores and offers original answers to such central questions as: What is a Constitution,? What are fundamental constitutional purposes? How are constitutions interpreted? How is constitutional authority allocated? How to constitutions change? How is the Constitution of the United States influenced by international and comparative law? and, most important, How does the Constitution work? Relying on an historical/institutional perspective, the book illustrates how American constitutionalism is a distinct form of politics, rather than a means from separating politics from law. Constitutions work far more by constructing and constituting politics than by compelling people to do what they would otherwise do. People debate the proper meaning of the first amendment, but these debates are influeTrade Review"Graber's careful organization of his material provides a foundation in political theory that lends context to discussions of specific constitutional issues. [T]his book makes a valuable contribution to the study of American constitutionalism." -Robert N. Clark, Law Library JournalTable of ContentsPreface ; 1. Introduction to American Constitutionalism ; A. Basic Constitutional Questions ; B. Identifying Basic Constitutional Questions ; C. Thinking About Basic Constitutional Questions ; 2. What is a Constitution? ; A. Classical Constitutionalism ; B. Modern Constitutionalism ; C. Contemporary Constitutionalism ; 3. Constitutional Purposes ; A. Constitutionalism and Democracy: The Dead Hand Problem ; B. Basic Constitutional Purposes ; C. American Constitutional Purposes ; D. The Virtues and Vices of Constitutionalism ; 4. Constitutional Interpretation ; A. The Living Constitution and Its Discontents ; B. Constitutional Arguments ; C. Constitutional Interpretation and Constitutional Purposes ; D. The Politics of Constitutional Argument ; 5. Constitutional Authority ; A. The Counter-Majoritarian Difficulty, Judicial Activism and Judicial Restraint ; B. Allocating Constitutional Authority ; C. Sharing Constitutional Authority ; D. The Politics of Shared Constitutional Authority ; E. Shared Constitutional Authority as Politics, Law, and Constitutionalism ; F. The Politics of Constitutional Argument ; 6. Constitutional Change ; A. Formal Constitutional Change ; B. Semi-Formal Constitutional Change ; C. Informal Constitutional Change ; D. The Law and Politics of Constitutional Change ; 7. American Constitutionalism in Global Perspective ; A. Foreign Policy: Two Constitutions? ; B. Comparative Constitutionalism: Universal or Particular ; C. A Higher Law? International Law and the Constitution ; D. The Particular and Universal Revisited ; 8. How Constitutions Work ; A. Of Cheeseburgers and Constitutions ; B. Constitutions as Constraining Politics ; C. Constitutions as Constructing Politics ; D. Constitutions as Constituting Politics ; E. The Self-Enforcing Constitution ; F. When Constitutions Do Not Work ; G. One Last Crisis
£32.29
OUP USA Oxford Handbook of the U.S. Constitution
Book SynopsisThe Oxford Handbook of the U.S. Constitution offers a comprehensive overview and introduction to the U.S. Constitution from the perspectives of history, political science, law, rights, and constitutional themes, while focusing on its development, structures, rights, and role in the U.S. political system and culture. This Handbook enables readers within and beyond the U.S. to develop a critical comprehension of the literature on the Constitution, along with accessible and up-to-date analysis. The historical essays included in this Handbook cover the Constitution from 1620 right through the Reagan Revolution to the present. Essays on political science detail how contemporary citizens in the United States rely extensively on political parties, interest groups, and bureaucrats to operate a constitution designed to prevent the rise of parties, interest-group politics and an entrenched bureaucracy. The essays on law explore how contemporary citizens appear to expect and accept the exertions Trade ReviewThe American experience has long been central to global conversations about constitutional law and politics. Whether the United States is viewed as a model or anti-model of comparative experience, engaging with the American case is part of the grammar of contemporary constitutional practice. This outstanding Handbook is an indispensable resource for scholars and practitioners seeking to orient themselves to the American constitutional project. The superb contributions span an extraordinarily wide array of topics and disciplinary approaches, and will stand the test of time as important pieces of scholarship. As a collection, they are every bit as rich and diverse as American constitutionalism itself. Every serious student of constitutional law and politics will profit enormously from closely studying this landmark volume." -Sujit Choudhry, I. Michael Heyman Professor of Law, University of California, Berkeley, School of LawThe editors have assembled a diverse set of eminent political scientists and legal thinkers to reflect on aspects of the US Constitution over its entire history. No substantial issue is neglected and many points of view are argued and argued well. The range of topics and depth of treatment are equally impressive as is the sense the achievements of the Constitution are likely to remain an open and fertile issue at least for another quarter millennium. After that we may be able to agree." -John Ferejohn, Samuel Tilden Professor of Law, New York University Law SchoolThese extraordinary scholars * established and rising starsprovide a comprehensive, insightful, and much-needed interdisciplinary perspective on the U.S. Constitution. Up-to-date, modern, and provocative, The Oxford Handbook of the U.S. Constitution is an indispensable overview of a field of study that is richer than most people realize. Everyone with an interest in the topic will learn something important from this volume." -Howard Gillman, Chancellor and Professor of Law, Political Science, and History, University of California, Irvine *This impressive tome, edited by distinguished and prolific law professors Tushnet (Harvard Law School), Graber (Univ. of Maryland's Francis King Carey School of Law), and Levinson (Univ. of Texas Law School, Austin) consists of an introduction and 47 concise, well-edited essays. Notable law professors, political scientists, historians, and other scholars from a wide variety of institutions offer summaries of existing scholarship on numerous issues, accompanied by footnotes and bibliographical information. The handbook will be an essential resource for those seeking balanced and informative introductions to broader, fundamental constitutional questions. Essential." -J. R. Vile, Middle Tennessee State University, ChoiceTable of ContentsList of Contributors 1. Introduction History 2. The Constitution from 1620 to the Early Republic/David Brian Robertson 3. Constitutional Developments from Jackson through Reconstruction/Michael Les Benedict 4. The Gilded Age through the Progressive Era/Ken I. Kersch 5. From the New Deal through the Reagan Revolution/L.A. Powe, Jr. 6. The Reagan Revolution to the Present/Thomas M. Keck Political Science 7. Constitutions as Basic Structure/Neil Komesar 8. The Constitutional Politics of Congress/Neal Devins 9. The Constitutional Politics of the Executive Branch/Mariah Zeisberg 10. The Constitutional Politics of the Judiciary/Justin Crowe 11. The Uneasy Place of Parties in the Constitutional Order/Russell Muirhead, and Nancy L. Rosenblum 12. Social Movements and the Constitution/Mark Tushnet 13. The Administrative State: Law, Democracy, and Knowledge/Adrian Vermeule 14. The Resilience of the American Federal System/Jenna Bednar 15. Empire/Bartholomew H. Sparrow 16. The Evolution of America's Fiscal Constitution/Bill White Law 17. The Executive Power/Stephen M. Griffin 18. Enforcing the Fifteenth Amendment/Ellen D. Katz 19. The Power of Judicial Review/Keith E. Whittington 20. Delegation, Accommodation, and the Permeability of Constitutional and Ordinary Law/Gillian E. Metzger 21. Federalism/Michael S. Greve Rights 22. Equality/ Julie Novkov 23. Liberty/James E. Fleming, and Linda C. McClain 24. Property in the United States Constitution/ Jedediah Purdy 25. Gender, Sex, and the U.S. Constitution/Leslie F. Goldstein 26. Racial Rights/ Girardeau A. Spann 27. Autonomy (of Individuals and Private Associations)/Dale Carpenter 28. Citizenship/Gerald L. Neuman 29. Religion/Winnifred Fallers Sullivan 30. Free Speech and Free Press/ Stephen M. Feldman 31. Criminal Procedure/Carol S. Steiker 32. Habeas Corpus/Paul D. Halliday 33. Native Americans/Matthew L. M. Fletcher 34. Positive Rights/Emily Zackin 35. The Right to Bear Arms/Saul Cornell Themes 36. Constitutionalism/Mark E. Brandon 37. Emergency Powers/Oren Gross 38. Constitutional Authority/Wayne D. Moore 39. Is Constitutional Law Really Law?/David A. Strauss 40. Constitutionalism Outside the Courts/Ernest A. Young 41. State Constitutionalism/John Dinan 42. Interpretation/Jamal Greene 43. Constitutional Change/Gerard N. Magliocca 44. The U.S. Constitution and International Law/Vicki C. Jackson 45. The Constitution in Comparative Perspective/Heinz Klug 46. Education and the Constitution/Elizabeth Beaumont 47. The Economics of Constitutional Law/Maxwell L. Stearns 48. The Constitution and United States Culture/Paul W. Kahn Index
£46.99
Oxford University Press, USA Decision How the Supreme Court Decides Cases Oxford Paperbacks
Trade ReviewDecision combines the scholar's meticulous research with the journalist's instinct for reporting. A reader feels like a witness to the exercise of the best legal minds on the Court (and of those that sometimes fell short). In the end, this book is a reassuring picture of those who wield unreviewable power. * Marcia Coyle, The New York Times Book Review *This fascinating book shows how the major decisions of the Supreme Court came to be, including Roe v. Wade.... In all, a terrific primer on the Supreme Court, the true lawgivers of the republic. * Booklist *Shows that the justices...make law through a much more collaborative and less individualistic process than is generally assumed.... Reading about the justices' foibles and personality conflicts is all the more entertaining given the veil of secrecy behind which they normally work.... Thoughtful and illuminating. * Kirkus Reviews *While Supreme Court decisions determine the rights of all individuals and the powers of all government officials, the Court's deliberations and actions that lead to these vitally important decisions are largely shielded from public view. By shedding valuable light on the Court's behind-the-scenes workings, Decision should enrich public understanding and support of our constitutional liberties and the Justices who uphold them. * Nadine Strossen, President, American Civil Liberties Union, and Professor of Law, New York Law School *Privy to heretofore unrevealed internal memoranda, Professor Bernard Schwartz has produced a remarkable scholarly analysis of Supreme Court practice and the thought processes of past and present justices who have been at the helm of our nation's judiciary. * Stanley Mosk, Justice, Supreme Court of California *Arguably the leading Supreme Court scholar of the day. * Supreme Court Historical Society Quarterly *
£23.27
Oxford University Press Viewpoints on American Culture
Book SynopsisThis collection of 12 original essays brings together two themes of American culture - law and race. Cases discussed include Amistad, Dred Scott, Regents v. Bakke and O.J. Simpson.Trade Review"Overall, Gordon-Reed had compiled a fascinating collection by impressive scholars on important racially-oriented trials" Daniel Lipson, Law and Politics Book Review"Together, the twelve cases in Race on Trial cover a long span of U.S legal history, anf the authors provide fascinating biographies of the litigants behind the court cases" Daniel Lipson, Law and Politics Book Review
£43.69
Oxford University Press, USA The Rehnquist Court and the Constitution
Book SynopsisIn The Rehnquist Court and the Constitution, Tinsley Yarbrough provides a comprehensive look at today''s Supreme Court Justices and their record--a study all the more valuable for the Court''s mixed decisions and hard-to-categorize course. An accomplished biographer, Yarbrough offers incisive portraits of the nine who now sit on the high bench, and tellingly reviews their nomination hearings. He also explores the workings of the Court, ranging from the selection and role of the clerks to the work load (including the end-of-term June crunch) and assignment of opinions. But the heart of the book is a systematic exploration of the Court''s record in such fields as government power, economic regulation, and criminal justice. In decision after decision, the author discusses the various justices'' opinions, arguments, and legal theories; he also offers his own analysis (including a sharp critique of the decision to allow the Paula Jones lawsuit to move forward). Like many writers on the RehTrade Review"Meticulously researched, expertly analyzed, and written clearly and comprehensively, this book has captured the essence of the universe of the Rehnquist Court and its Justices. One of the country's foremost judicial biographers, Yarbrough has succeeded admirably in presenting and evaluating that tribunal's record in learned, objective, no-nonsense compass. It is a splendid work."--Henry J. Abraham, James Hart Professor of Government and Foreign Affairs, Emeritus, University of Virginia"Tinsley Yarbrough adds to his already impressive list of Supreme Court 'biographies this compelling study of Chief Justice William H. Rehnquist and his colleagues. Like his previous books, this new one is a model of scholarship, rooted as it is in the best sources and balanced as it is in its approach to not only Chief Justice Rehnquist but to the complex and highly competitive justices who make the nation's constitutional law. We are fortunate to have a scholar of Yarbrough's good judgment, clear intelligence, and fine writing skills to help us fix the Court in the larger universe of Ronald Reagan and his legacy of a thoroughly conservative federal judiciary."--Kermit L. Hall, Provost and Vice Chancellor for Academic Affairs and Professor of History, North Carolina State University"In this timely study a mature scholar weights the successes and failures of conservative attempts to 'Reaganize' the Supreme Court and constitutional law. Yarbrough's mixed balance sheet is fair-minded, succinct, insightful, and laced with fresh detail. Highly recommended to students, teachers, and general readers alike." --J. Woodford Howard, Jr., Thomas P. Stran Professor Emeritus of Political Science, The Johns Hopkins University"The Supreme Court may be an issue in the presidential election: seven of the justices were named by Republicans; just two by a Democrat. Since the next president may nominate several, this analysis of the Rehnquist Cousrt is timely."--Booklist"This is one of the most thorough and incisive guides to date on the thinking and deliberative process of the Supreme Court under Chief Justice William Rehnquist."--Publishers Weekly"Yarbrough, author of widely respected earlier works on the Supreme Court, has produces another outstanding volume that belongs on the bookshelf of all Court observers. In this case, Yarbrough offers astute analysis and cogent criticism of the High Court under the chief justiceship of William H. Rehnquist, who was appointed to the bench by President Nixon and elevated to the position of Chief Justice by President Reagan.... If one were to read a single work on the Rehnquist Court to this point, one should look no further than this fine, persuasive volume."--Library Journal
£23.27
Oxford University Press Our Secret Constitution How Lincoln Redefined American Democracy
Trade Review"In his typically provocative style, George Fletcher brilliantly evokes the true lessons of the Second American Revolution-the Civil War, the Gettysburg Address, and the post-bellum commitment to equality. No one who cares about racial justice, constitutional justice, or American history can afford to miss this beautifully written and persuasive revision of our traditional understanding of the Constitution."-Alan M. Dershowitz, Harvard Law School"This brilliant essay confronts our constitutional legacy, and vividly reveals the challenges involved in redeeming its promises for a new generation."-Bruce Ackerman, author of We the People"A provocative meditation on the Constitution that emerged from the redemptive experience of the Civil War.... His discussions of voting rights, education, affirmative action, victims' rights, and the constitutional grounding of a positive government are insightful and thought-provoking."-Mark Tushnet, Georgetown University Law Center"With subtlety and coherence, Fletcher presents a lively critique of constitutional law."-Publishers Weekly"Fletcher's argument has intriguing implications beyond the sweeping subject of this profoundly thought-provoking book."-The Denver Post
£18.49
Oxford University Press The Guardian of Every Other Right
Book SynopsisThe Guardian of Every Other Right chronicles the pivotal role of property rights in fashioning the American constitutional order from the colonial era to the current controversies over eminent domain and land use controls. The book emphasizes the interplay of law, ideology, politics, and economic change in shaping constitutional thought and provides a historical perspective on the contemporary debate about property rights. Since publication of the original edition of this work, both academic and popular interest in the constitutional rights of property owners has markedly increased. Now in its third edition, this text has been revised to incorporate a full treatment of important judicial decisions, notable legislation, and scholarship since the second edition appeared in 1997. In particular, Ely provides helpful background and context for understanding the controversial Kelo decision relating to the exercise of eminent domain power for public use. Covering the entire history of propertTrade ReviewAcclaim for previous editions "An informative and balanced account of the history of property rights protections under the Constitution. * The American Journal of Legal History *Acclaim for previous editions "This slender volume should serve well on reading lists both in introductory American history courses and in upper-division legal history or constitutional law courses. * The American Historical Review *Acclaim for previous editions "Greatly clarifies the pivotal place of private property in the American system. Through a sophisticated historical analysis, Ely illuminates two recurring issues of great importance: the constitutional limits on government regulation of property and the complex relationship between property ownership and individual liberty. * Norman Dorsen, New York University School of Law *Acclaim for previous editions "A wonderfully compact odyssey through the history of constitutional protection for property rights in this country. Tracing the winding evolution of Supreme Court decisions that affected the uses and enjoyment of property, as well as the government's attempts to regulate the same, Ely constructs a comprehensive, yet surprisingly readable examination of the issues. * The Journal of Southern History *Table of ContentsEditor's Preface ; Preface ; Introduction ; 1. The Origins of Property Rights: The Colonial Period ; 2. The Revolutionary Era, 1765-1787 ; 3. "Property Must Be Secured": Establishing a New Constitutional Order ; 4. The Development of Property Rights in the Antebellum Era, 1791-1861 ; 5. The Gilded Age and the Challenge of Industrialization ; 6. Progressive Reform and Judicial Conservatism, 1900-1932 ; 7. The New Deal and the Demise of Laissez-Faire Constitutionalism ; 8. Property Rights and the Regulatory State ; 9. Epilogue ; Notes ; Bibliographical Essay ; Index of Cases ; Index
£34.67
Oxford University Press, USA Measuring Judicial Activism
Book SynopsisMeasuring Judicial Activism supplies empirical analysis to the widely discussed concept of judicial activism at the United States Supreme Court. Complaints about activist Court decisions are common within contemporary political discourse, but these objections often have little substantive meaning beyond the speaker''s disagreement with particular case outcomes. Frequently debated by legal scholars, judicial activism is shaped by the participants'' ideological perspectives as well as by their subjective views regarding ambiguous constitutional provisions. Although no study can be perfectly objective, Measuring Judicial Activism seeks to move beyond these more subjective debates by conceptualizing activism in non-ideological terms, identifying specific empirical dimensions to the concept, and measuring those dimensions using systematic social scientific techniques. In so doing, the book allows the authors to assess the relative activism of recent justices on the Court. Stefanie LindquisTrade Review"Measuring Judicial Activism is a serious, scholarly work that nearly all academic law libraries will want to purchase." -- Law Library Review "Lindquist and Cross seek to move beyond subjective debates about judicial activism on the US Supreme Court by conceptualizing activism in nonideological terms, identifying specific empirical dimensions to the concept, and measuring those dimensions using systematic techniques. Examining the Court's exercise of judicial review to invalidate legislative and executive action and the justices' willingness to expand the Court's power by granting litigants increased access to the courts, they assess the relative activism of recent justices on the Court." --Law & Social Inquiry, Fall 2009Table of Contentsn/a
£88.00
Oxford University Press Getting the Government America Deserves
Book SynopsisIn order to be effective, federal ethics law must address sources of systematic corruption rather than simply address motives that individual government employees might have to betray the public trust, such as personal financial holdings or family relationships. Getting the Government America Deserve articulates a general approach to combating systemic corruption as well as some specific proposals for doing so. Federal ethics law is relatively unknown in legal academia and elsewhere outside of Washington, D.C., but it is binding on over one million federal employees. Lobbyists, federal contractors, lawyers and others who interact with the federal government are also deeply interested in federal ethics law and represent a surprisingly large market for a little-studied area of the law. Getting the Government America Deserve analyzes government ethics law from the perspective of an academic critic and that of a lawyer who was the chief White House ethics lawyer for two and a half years. Trade Review"Government ethics is an area of the law that is not written about by legal academics and lawyers as much as it should be; it influences everything from how billions of dollars of taxpayer money are spent, to who gets top political appointments and whether this country is at war or at peace. Richard Painter offers concrete ideas for distancing government officials from lobbyists, campaign fundraisers, trade associations and other special interests that can easily drown out the voices of ordinary Americans. His experience includes being the chief White House ethics officer during one of the most challenging times in our recent history. His book has an intriguing set of proposals to address issues that are critical for our country's future. He addresses root causes of corruption in today's government while recognizing that many people in public life want to serve the public rather than special interests." -Walter Mondale, 42nd Vice President of the United States "Getting the Government America Deserves offers a comprehensive analysis and overview of ethics in government in early twenty-first century America. Melding practical experience at the highest levels and the knowledge and perspective gained from years of researching and teaching in the area, Painter provides a thoughtful perspective on crucial questions of accountability, transparency, and integrity in government. This is an original and important contribution that should be of interest to policymakers, attorneys, scholars, teachers, and anyone else who is concerned with how society should regulate the conduct of high-level government officials." -Geoffrey P. Miller, New York University School of Law "Everyone is in favor of ethics, and particularly ethics in government. But once we move from the abstract to the concrete, agreement fades. Professor Richard Painter is in a unique position to contribute to the debate. He is a law professor, the author of several articles, and a book on legal ethics. He was instrumental in persuading Congress to require any lawyer who represents a corporation to report known fraud up the ladder to senior management, and if that does not work, to the client's board of directors. And, he was former ethics counsel for President George W. Bush. His new book, Getting the Government America Deserves, gives us an inside look at how President Bush dealt with issues of government ethics and what President Obama can learn from that experience. This is the book that every well-informed citizen should read. Professor Painter offers substantial concrete proposals to clean up corruption in Washington." l-Ronald D. Rotunda, Chapman University School of LawTable of ContentsChapter 1 ; Government Ethics Rules That Don't Work When We Need Them, Rules We Have That We Do Not Need, And Rules We Need But Don't Have At All ; Gifts and Travel ; Financial Disclosure ; Financial Conflicts of Interest ; Insider Trading ; Covered Relationships and the Impartiality Rule ; The Revolving Door ; Odd Ball Ethics Rules the Executive Branch does not need but Congress thinks it does ; Congress's Rules for Itself - Stringency or Hypocrisy? ; The Rules ; The Honest Leadership and Open Government Act ; Can there be better rules? ; Chapter 2 ; Implementation and Enforcement of Government Ethics Rules - How Big are the Gaps in the System? ; Sex, Drugs, and Rock and Roll - and Matters of Money and Revolving Doors - in Clearing the President's Nominees ; Ethics Training, Monitoring and Enforcement at the Agency Level ; The Office of Government Ethics - An Overworked and Underappreciated Agency ; Inspectors General. Does the White House need one? ; Special Government Employees ; Outsourcing Government Functions - but not Ethics - to Private Contractors ; Chapter3 ; Bagmen in Black Tie or Professional Intermediaries - The Growth of Lobbying and Prospects for Reform ; A Short History ; The Influence of Lobbyists ; K-Street Society on the banks of the Potomac ; Use and Abuse of K Street's Power ; Why the disclosure regime is inadequate and why we need substantive regulation of lobbyists ; Chapter 4 ; Off the Books Lobbying, Electioneering and the Special Purpose Entities that Do It ; Think tanks ; Public Policy Groups ; Legal Policy Groups ; Single Issue Advocacy Groups ; Foreign Governments, Their Friends and Enemies ; Foreign Policy Advocacy Organizations ; Religious Advocacy Groups ; Trade and Industry Associations ; 501c(4) Organizations and 527s ; The Overall Impact of Washington's Special Purpose Entities ; Chapter 5 ; The Official White House Office of Political Affairs, the Unofficial Office of Political Affairs, and Personal Capacity Political Activity by Government Officials ; Chapter 6 ; Building a Bridge to Somewhere - A Perspective on the Cost of Earmarks from the Banks of the Mississippi ; Chapter 7 ; Campaign Finance - The Elephant and Donkey in the Room ; Chapter 8 ; Beyond Ethics and Back - What is Wrong with Government Decision Making? ; Ethics Officials' Scope of Authority is too Narrow ; Government Lawyering is sometimes Excessively Political and Insufficiently Objective ; No Matter how Many Times they Make the Same Mistake, Government Officials Still Succumb to the Psychology of the Cover-up ; Afterword ; Index
£90.25
Clarendon Press Violin Fraud Deception Forgery Theft and Lawsuits in England and America
Book SynopsisThis text detects the background to the violin fraud and explains how the law applies to it. Much of what is said applies to the antique world generally, but there are specific and pressing problems relating to string instruments with which this book is particularly concerned.Trade ReviewEssential reading for anyone who is involved in the business of musical instruments in any way, and recommended reading for those who own or purchase instruments. * The Galpin Society Journal *This book is a praiseworthy effort to shed some light on the murkier side of the violin trade. Harvey has done a commendable job of evaluating analogous cases from the art world to determine how courts might decide cases involving instruments. Violin Fraud provides an excellent overview of the pertinent legal issues for anyone contemplating the purchase or sale of a fine instrument. * Notes *Table of ContentsPART I ; PART II (CARLA SHAPREAU)
£125.00
Oxford University Press Freedoms Law The Moral Reading of the American Constitution
Book SynopsisWritten by the world''s best-known political and legal theorist, Freedom''s Law: The Moral Reading of the American Constitution is a collection of essays that discuss almost all of the great constitutional issues of the last two decades, including abortion, euthanasia, capital punishment, homosexuality, pornography, and free speech. Professor Dworkin offers a consistently liberal view of the Constitution and argues that fidelity to it and to law demands that judges make moral judgments. He proposes that we all interpret the abstract language of the Constitution by reference to moral principles about political decency and justice. His `moral reading therefore brings political morality into the heart of constitutional law. The various chapters of this book were originally published separately and are now drawn together to provide the reader with a rich, full-length treatment of Dworkin''s general theory of law.Table of ContentsPART I: LIFE, DEATH AND RACE ; PART II: SPEECH, CONSCIENCE, SEX AND VOTES ; PART III: JUDGES
£67.45
Oxford University Press Making Money Coin Currency and the Coming of Capitalism
Book SynopsisMoney travels the modern world in disguise. It looks like a convention of human exchange - a commodity like gold or a medium like language. But its history reveals that money is a very different matter. It is an institution engineered by political communities to mark and mobilize resources. As societies change the way they create money, they change the market itself - along with the rules that structure it, the politics and ideas that shape it, and the benefits that flow from it.One particularly dramatic transformation in money''s design brought capitalism to England. For centuries, the English government monopolized money''s creation. The Crown sold people coin for a fee in exchange for silver and gold. ''Commodity money'' was a fragile and difficult medium; the first half of the book considers the kinds of exchange and credit it invited, as well as the politics it engendered. Capitalism arrived when the English reinvented money at the end of the 17th century. When it established the Bank of England, the government shared its monopoly over money creation for the first time with private investors, institutionalizing their self-interest as the pump that would produce the money supply. The second half of the book considers the monetary revolution that brought unprecedented possibilities and problems. The invention of circulating public debt, the breakdown of commodity money, the rise of commercial bank currency, and the coalescence of ideological commitments that came to be identified with the Gold Standard - all contributed to the abundant and unstable medium that is modern money. All flowed as well from a collision between the individual incentives and public claims at the heart of the system. The drama had constitutional dimension: money, as its history reveals, is a mode of governance in a material world. That character undermines claims in economics about money''s neutrality. The monetary design innovated in England would later spread, producing the global architecture of modern money.Trade ReviewThis fascinating book offers an innovative approach to monetary history, by using the historical development of currency in England from the high middle ages to the nineteenth century to challenge the established theory of money and its role in the economyâ This book is an excellent contribution to the existing literature [âand] must also be considered an important contribution to fields such as law, economics, political science, and the history of economic ideas. * Paolo di Martino, The Economic History Review *A closing sentence of Desan's Making Money encapsulates what I find truly extraordinary about her book: Arguably capitalism... constructed a money [based on] individual exchange for profit, institutionalizing that motive as the heart of productivity." ... In my view Desan's greatest contribution in Making Money is a clear explanation of how monetary reform set the stage for modern economic performance. * Carolyn Sissoko, Synthetic Assets *This book is an obvious must for anyone interested in English history generally, and the history of money, banking or finance, or the legal history of these fields in particular. That much goes without saying. For historians of capitalism, it should be a lightning rod, attracting attention with a bold, unorthodox and analytically and historically compelling claim. * Roy Kreitner, Banking and Finance Law Review *Making Money is an impressive work of scholarship that not only surveys many centuries of history, but also offers fresh insights into a topic so laden with assumptions and parables as to seem barely worth reexamination. The book is part legal analysis, part political and economic history, and part numismatics, and it is more representative of an interpretive essay than an encyclopedia of monetary history. * Bruce G. Carruthers, American Historical Review *Christine Desans Making Money: Coin, Currency, and the Coming of Capitalism. . . expands the limited theoretical interventions of myriad governance-view theorists into positive, empirical claims by telling the story of British money through law from the fall of Rome to the eighteenth-century financial revolution, and in so doing expands on them significantly. . . What Desan has given us, and earlier authors have not, is a thorough alternative, grounded in legal history, that, helpfully, includes an origin story for the orthodox account of moneys origins. Although some may continue to defend the orthodox conjectural history of money. . . they will be hard-pressed to do so on empirical grounds in light of Desans account. * Andrew David Edwards, Law and Social Inquiry *Desan's singular achievement has been to not only synthesize a vast literature but to also produce a richly detailed, compelling, and original account of how the development of market commerce and capitalism was largely dependent upon the transformation of the ways in which people thought about and made their money. . . Needless to say this brief review in no way does justice to the narrative reconstruction, eye-watering detail, and historiographical engagement which will surely make Desan's text the definitive account for some time to come. * Simon Middleton, The Medieval Review *Making Money is a fascinating story, full of both meticulous historical detail and compelling conceptual arguments about the relationship between forms of currency, political authority, and the creation of the modern state . . . thought-provoking like David Graebers Debt, but firmly grounded in the minutiae of English history. In these times when everyone from gold bugs (like Ted Cruz, lets not forget) to Bitcoin enthusiasts is calling for a redefinition of money, it reminds us what a complicated and politically determined thing money always has been. * James Kwak, The Baseline Scenario *Christine Desans Making Money should be amongst the points of departure for analysis and reflection not beholden to the existing institutional structures and the interests served by such institutions...This insight elevates Desans book far above the kind of literature that cultivates a generalizing view of money, its current forms, and institutional settings as inevitable expressions of human nature. The conclusions from her contribution to the analysis of money are arguments for changing prevailing monetary regimes. Desan equips us with historical arguments for reinventing money. * Leopold Specht, International Journal of Constitutional Law *Making Money contributes to . . . understanding [the popularity of cash] by providing a detailed and insightful narrative of how cash developed into the killer app of payment technologies. * William Roberds, Journal of Economic Literature *[T]hose interested in gaining a comprehensive understanding of the evolution of money... Will find this book invaluable. [Desans] approach... Is essentially a new history and analysis of how money is made. * Katie Ball, Reviews in History *Making Money will undoubtedly become an exemplary text in its field. It has a lot to offer... In sum, this book is of tremendous value and a notable text in legal history and within those subjects at the peripheries surrounding it. It sets a new path in challenging our ways of studying commercial law and viewing money and currency as a purely economic tool and as a mechanism of exchange. * Victoria Barnes, The Journal of Legal History *[In this book] A constitutional historian dives deep into to joint creation with private investorsto illuminate how the means of exchange is in fact a form of governance and of social order * Harvard Magazine *Christine Desanâs Making Money is not only a fine monetary history of England. The 2014 book is relevant today. It shows cash and governments go together, the gold standard was a misnomer and central banking is political. And we should stop outsourcing money-creation to banks. * Edward Hadas, Breakingviews *Table of ContentsIntroduction ; 1. Creation Stories ; 2. From Metal to Money: Producing the "Just Penny" ; 3. Commodity Money as an Extreme Sport: Flows, Famines, Debasements, and Imitation Pennies ; 4. The High Politics of Money: Strong Coin, Heavy Taxes, and the English Invention of Public Credit ; 5. The Social Stratigraphy of Coin and Credit in Late Medieval England ; 6. Priming the Pump: The Sovereign Path Towards Paying for Coin and Circulating Credit ; 7. Interests, Rights, and the Currency of Public Debt ; 8. Reinventing Money: The Beginning of Bank Currency ; 9. Re-theorizing Money: The Struggle over Money in the Modern Imagination ; 10. The Eighteenth Century Architecture of Modern Money ; Epilogue: The Gold Standard in an Era of Inconvertibility ; Conclusion: From Blood to Water ; Bibliography
£31.34
Oxford University Press Constitutional Fragments
Book SynopsisIn recent years a series of scandals have challenged the traditional political reliance on public constitutional law and human rights as a safeguard of human well-being. Multinational corporations have violated human rights; private intermediaries in the internet have threatened freedom of opinion, and the global capital markets unleashed catastrophic risks. All of these phenomena call for a response from traditional constitutionalism. Yet it is outside the limits of the nation-state in transnational politics and outside institutionalized politics, in the ''private'' sectors of global society that these constitutional problems arise. It is widely accepted that there is a crisis in traditional constitutionalism caused by transnationalization and privatization. How the crisis can be overcome is one of the major controversies of modern political and constitutional theory. This book sets out an answer to that problem. It argues that the obstinate state-and-politics-centricity of traditionaTrade Reviewsociologists of law and constitutionalism now have powerful methodological tools, a sociological conceptual framework, and invaluable sources of the new constitutional imagination which has capacity to accommodate even recent elaborations on Nietzsche's theory of command structures * Jiri Priban (Cardiff University), Journal of Law and Society *Table of Contents1. The New Constitutional Question ; 2. Societal Constitutionalism in the Nation State ; 3. Transnational Constitutional Subjects: Regimes, Organisations, Networks ; 4. Transnational Constitutional Norms: Functions, Arenas, Processes, Structures ; 5. Transnational Constitutional Rights: Horizontal Effect ; 6. Colliding Constitutions
£52.00
Oxford University Press Philosophical Foundations of Constitutional Law
a huge range and FREE tracked UK delivery on ALL orders.
£39.14
Clarendon Press Privacy and Loyalty SPTL Seminar Series
Book SynopsisFourth in the SPTL seminar series, this book explores the concepts of privacy and loyalty in the law of obligations. Essays combine practical and academic perspectives that highlight contemporary trends in the law of obligations. In addition, there is an extended Introduction.Table of Contents1. Privacy as a Constitutional Right and Value ; 2. Privacy-related Rights: Their Social Value ; 3. Privacy and Political Speech ; 4. Comparative Rights of Privacy of Public Figures ; 5. Obstacles on the Path of Privacy Torts ; 6. The Flight to the Fiduciary Haven ; 7. Constructive Fiduciaries? ; 8. Reflections on Identification of Fiduciaries ; 9. Fiduciaries in Context: An Overview
£152.50
OUP Oxford Public Law Text Cases and Materials
a huge range and FREE tracked UK delivery on ALL orders.
£44.99
Oxford University Press The Idea of Public Law
Book SynopsisThis book offers an answer to the question: what is public law? It suggests that an adequate explanation can only be given once public law is recognized to be an autonomous discipline, with its own distinctive methods and tasks. Martin Loughlin defends this claim by identifying the conceptual foundations of the public law: governing, politics, representation, sovereignty, constituent power, and rights. By explicating these basic elements of the subject, he seeks not only to lay bare its method but also to present a novel account of the idea of public law.Table of Contents1. Introduction ; 2. Governing ; 3. Politics ; 4. Representation ; 5. Sovereignty ; 6. Constituent Power ; 7. Rights ; 8. Method ; 9. The Pure Theory of Public Law ; Bibliography ; Index
£48.45
Oxford University Press The Law of the Executive Branch
Book SynopsisThe scope of presidential authority has been a constant focus of constitutional dispute since the Framing. The bases for presidential appointment and removal, the responsibility of the Executive to choose between the will of Congress and the President, the extent of unitary powers over the military, even the ability of the President to keep secret the identity of those consulted in policy making decisions have all been the subject of intense controversy. The scope of that power and the manner of its exercise affect not only the actions of the President and the White House staff, but also all staff employed by the executive agencies. There is a clear need to examine the law of the entire executive branch.The Law of the Executive Branch: Presidential Power, places the law of the executive branch firmly in the context of constitutional language, framers'' intent, and more than two centuries of practice. In this book, Louis Fisher strives to separate legitimate from illegitimate sources of power, through analysis that is informed by litigation as well as shaped by presidential initiatives, statutory policy, judicial interpretations, and public and international pressures. Each provision of the US Constitution is analyzed to reveal its contemporary meaning in concert with the application of presidential power. Controversial issues covered in the book include: unilateral presidential wars; the state secrets privilege; extraordinary rendition; claims of inherent presidential powers that may not be checked by other branches; and executive privilege.Trade ReviewLouis Fisher's work has for many years been indispensable to me while I served in Congress. His superb scholarship on the separation of powers and the encroachment of the imperial presidency will be ever more valued when the history of our era is written. With the publication of The Law of the Executive Branch: Presidential Power, Dr. Fisher makes an enormous contribution to the study of the presidency. The book is a masterwork of scholarship, a remarkable milestone in a remarkable career. We all owe him an enormous debt of gratitude." -Ron Paul, M.D., former Member, US House of RepresentativesThis is a book that all of us wish we could have written, but it is a feat that only Louis Fisher, with his experience not only in testifying on the laws and practices governing the executive but in drafting some of them as well, could have accomplished. It is filled with authoritative accounts of how constitutional law is made - not only by courts, but also by Congress and the Executive. It provides a long-needed rejoinder to the arguments of what Corwin referred to as 'the high-flying prerogative men.' Students, scholars and legal counsel will find this an indispensable volume." -Richard M. Pious, Adolph and Effie Ochs Professor, Barnard College, Graduate School of Arts and Sciences, Columbia UniversityLouis Fisher is the dean of presidential scholars. His work is known and admired throughout the world. No one has done more to remind Americans that the Constitution is about legitimacy as well as power, that law is much more than what politicians cannot get away with, and that the Constitution does not just belong to judges. Fisher has not only educated generations about major constitutional issues through his award-winning writing; he has anticipated crucial debates with ground-breaking scholarship and has done so with remarkable balance, integrity, clarity, and grace. This book is a must read." -Christopher H. Pyle, Professor, Mount Holyoke CollegeIn all of American law, history, and politics, no one is more well qualified to write this unprecedented, authoritative, and utterly exhaustive volume than Louis Fisher. Not only should this book sit on the desks of lawyers, executive branch officials, presidency scholars, and in the Oval Office, but it should be the pre-requisite for any future presidency scholarship - not because our understanding of the presidency ends with this book, but because it must begin with it. Fisher is the Edward Corwin of our day, and as long as there is an America, this will be his immortal volume." -Robert J. Spitzer, Distinguished Service Professor and Chair of Political Science, SUNY CortlandLou Fisher's deeply learned and masterful analysis of presidential power and the Constitution illuminates history, law, and contemporary debate. The Law of the Executive Branch: Presidential Power is a magnificent, meticulously researched scholarly exploration of a timely subject that has stirred controversy since the founding, and it will be universally heralded as an instant classic." -David Gray Adler, Cecil D. Andrus Professor of Public Affairs, Boise State University, Director of The Andrus Center for Public PolicyLou Fisher's The Law of the Executive Branch: Presidential Power is must reading for anyone who is interested in our constitutional system. Fisher brings a wealth of experience and understanding about the Framers' design and how it has evolved over time. In many important areas that have been debated since the founding - such as the war powers, executive privilege and claims of inherent presidential power - Fisher provides encyclopedic analyses of how the Executive has been changed from a subordinate constitutional branch that carries out policies made by Congress into the most powerful branch of the government." -Robert J. Reinstein, Clifford Scott Green Professor of Law, Temple University, Beasley School of LawLou Fisher is an intellectual giant among constitutional scholars who has consulted with all three branches on separation of powers issues. In The Law of the Executive Branch, Fisher draws on nearly a half century of his scholarship based in original documents, precedent, and historical analysis while highlighting the legal controversies surrounding each constitutional provision related to presidential power. This authoritative analysis provides a major intellectual benchmark that will inform and inspire present and future constitutional scholars." -James P. Pfiffner, George Mason UniversityLouis Fisher's The Law of the Executive Branch is an enormous contribution. For the first time, it presents in one place a complete, accessible account of the constitutional text, history and practice of presidential power in the United States. In the tradition of the best academic work, it presents a wealth of facts and arguments fairly and dispassionately, yet with insightful commentary and observations reflecting the author's long engagement with the topic. The book will surely become the leading reference in the field and an essential item on the shelf of scholars and practitioners of presidential power." -Michael D. Ramsey, Professor of Law, University of San Diego Law SchoolFor constitutional scholars, the publication of a new book by Lou Fisher is cause for celebration. In The Law of the Executive Branch: Presidential Power, Fisher covers the field, demonstrating his expertise in an incredible number of diverse areas. By providing ready access to primary materials, the book allows readers to reach their own judgments about the appropriate scope of presidential power. Like the framers of the Constitution, Fisher rejects dogma, pragmatically exposing all claims about presidential power to the light of experience in the real world. This book will be an essential, invaluable resource for scholars, students, legislators, judges, and executive branch officials." -Chris Edelson, Assistant Professor of Government, American University, School of Public AffairsThey could not have picked a more ideal subject-author combination to launch such a project. Professor Fisher enjoys unparalleled status as an acclaimed national expert on questions of separation of powers, in general, and on presidential authority, in particular. Given the author's background, this particular offering in the Oxford Commentaries on American Law series fulfills an important and pressing need. No significant topic in the law of the executive branch goes uncommented on in this volume's 400-plus pages of case analysis and commentaries." -David Yalof, University of Connecticut, Congress & the PresidencyTable of ContentsPreface to the Paperback Edition ; Preface to the Hardcover Edition ; Acknowledgments ; Note on Citations ; Chapter 1 ; Fundamental Concepts ; Chapter 2 ; Election and Removal of the President ; Chapter 3 ; The Powers of the President ; Chapter 4 ; The President and Congress ; Chapter 5 ; Vetoes and Access to Information ; Chapter 6 ; Budgetary Duties ; Chapter 7 ; Foreign Affairs ; Chapter 8 ; War Powers ; Chapter 9 ; The President and the Judiciary ; Conclusions ; About the Author ; Index of Cases ; Index of Subjects
£47.49
Oxford University Press Judicial Review Principles and Procedure
a huge range and FREE tracked UK delivery on ALL orders.
£335.00
Oxford University Press Exploring Laws Empire
Book SynopsisExploring Law''s Empire is a collection of essays examining the work of Ronald Dworkin in the philosophy of law and constitutionalism. A group of leading legal theorists develop, defend and critique the major areas of Dworkin''s work, including his criticism of legal positivism, his theory of law as integrity, and his work on constitutional theory.The volume concludes with a lengthy response to the essays by Dworkin himself, which develops and clarifies many of his positions on the central questions of legal and constitutional theory. The volume represents an ideal companion for students and scholars embarking on a study of Dworkin''s work.Table of ContentsIntroduction: The International Constitutional Judge ; 1. Should Constitutional Judges Be Philosophers? ; 2. The Place of History and Philosophy in the Moral Reading of the American Constitution ; 3. How Constitutional Theory Found its Soul: The Contributions of Ronald Dworkin ; 4. Coherence, Hypothetical Cases, and Precedent ; 5. Integrity and Stare Decisis ; 6. The Many Faces of Political Integrity ; 7. Did Dworkin Ever Answer the Crits? ; 8. Associative Obligations and the Obligation to Obey the Law ; 9. Law's Aims in Law's Empire ; 10. How Facts Make Law ; 11. Hartian Positivism and Normative Facts: How Facts Make Law II ; Response
£35.14
Oxford University Press, USA Historical Foundations of Eu Competition Law
Book SynopsisShedding new light on the foundations of European competition law, this volume is a legal and historical study of the emerging law and its evolution through the 1980s. It retraces the development and critical junctures of competition law not only at the level of the European Economic Community but also at the level of major Member States of the EEC. Intensely researched and rich with insights, the chapters in this volume reflect a close collaboration among an expert group of lawyers and historians and capitalize on previously unavailable source materials. The book examines several key themes including: the influence of national and international competition law on the development of EEC competition law; the drafting of the regulations that lead to the development of modern EU competition law; the role of the European Court of Justice in establishing the protection of competition as a central pillar of the Common Market; the internal dynamics, ideologies and tensions within the Competition Directorate General (DG IV) of the European Commission; and the role of industrial policy in European integration.Combining legal analysis with a meticulous excavation of historical evidence to reveal the forces driving key actors and the interactions among them, this volume rediscovers a past largely forgotten but essential to understanding the genesis of competition law in Europe, its role in Europe''s construction, its hybrid institutional traits, and its often unique substance.Table of ContentsIntroduction ; 1. Recent Reforms of EU Competition Law and their Historical Foundations ; 2. The Evolution of the Law on Art 81 and Art 82: Ordoliberalism and its Keynesian Challenge ; 3. The Drafting and the Role of Regulation 17: A Fragile Balance ; 4. National Traditions of Competition Law: Europeanization through Convergence? ; 5. American Influences on EU Competition Law: Two Paths, How Much Dependence? ; 6. Competition Law and Industrial Policy: Imperfect Harmony ; 7. Towards a Concept of a Workable European Competition Law: Revisiting the Formative Period
£121.12
Oxford University Press Lives of the Law
Book SynopsisTom Bingham (1933-2010) was the ''greatest judge of our time'' (The Guardian), a towering figure in modern British public life who championed the rule of law and human rights inside and outside the courtroom. Lives of the Law collects Bingham''s most important later writings, in which he brings his distinctive, engaging style to tell the story of the diverse lives of the law: its life in government, in business, and in human wrongdoing.Following on from The Business of Judging (2000), the papers collected here tackle some of the major debates in British public life over the last decade, from reforming the constitution to the growth of human rights law. They offer Bingham''s distinctive insight on issues such as the role of the judiciary in a democracy, the implementation of the Human Rights Act, and the development of the rule of law, in the UK and internationally.Written in the accessible style that made The Rule of Law (2010) a popular success, the book will be essential reading for Trade ReviewThis monograph is an original insight into the doctrine of margin of appreciation. It will probably have some considerable impact on academic writing in the area of human rights adjudication. * Kanstantsin Dzehtsiarou, Legal Studies *Few will dispute that Lord Bingham was one fo the most prolific and articulate members of the senior judiciary before his retirement and his untimely death just a few years ago. It is entirely fitting therefore that his extra-judicial writings should be brought together in collections such as this one, which reveal both his deep learning and his passion for the rule of law. * The Commonwealth Lawyer, Vol. 21, No. 2 *The value of this publication is to provide a modern-day exposition of the best thinking behind recent constitutional changes. * Geoffrey Robertson, NewStatesman *Table of ContentsForeword ; I. THE CONSTITUTION AND THE RULE OF LAW ; LOOKING BACKWARD ; 1. Magna Carta ; 2. The Alabama Claims and the International Rule of Law ; 3. Dicey Revisited ; 4. The Evolving Constitution ; 5. The Old Order Changeth ; LOOKING FORWARD ; 6. A Written Constitution? ; 7. The Future of the House of Lords ; II. THE BUSINESS OF JUDGING ; 8. The Judges: Active or Passive? ; 9. Government and Judges: Friends or Enemies? ; 10. The Highest Court in the Land ; III. HUMAN RIGHTS AND HUMAN WRONGS ; 11. The Human Rights Act: The View from the Bench ; 12. Personal Freedom and the Dilemma of Democracies ; 13. Habeas Corpus ; 14. 'The Law Favours Liberty': Slavery and the English Common Law ; 15. I Beg Your Pardon ; IV. THE COMMON LAW ; 16. From Servant to Employee: A Study of the Common Law in Action ; 17. A Duty of Care: The Uses of Tort ; 18. The Law as the Handmaiden of Commerce ; 19. A New Thing under the Sun?: The Interpretation of Contracts and the ICS Decision ; 20. The Internationalization of the Common Law ; V. LIVES OF THE LAW ; 21. Dr Johnson and the Law ; 22. Mr Bentham is Present
£37.99
Oxford University Press Interpreting the Constitution
Book SynopsisThis third volume about legal interpretation focuses on the interpretation of a constitution, most specifically that of the United States of America. In what may be unique, it combines a generalized account of various claims and possibilities with an examination of major domains of American constitutional law. This demonstrates convincingly that the book''s major themes not only can be supported by individual examples, but are undeniably in accord with the continuing practice of the United States Supreme Court over time, and cannot be dismissed as misguided.The book''s central thesis is that strategies of constitutional interpretation cannot be simple, that judges must take account of multiple factors not systematically reducible to any clear ordering. For any constitution that lasts over centuries and is hard to amend, original understanding cannot be completely determinative. To discern what that is, both how informed readers grasped a provision and what were the enactors'' aims mattTable of ContentsTable of Contents ; Preface ; Part I: General Themes ; Chapter 1: The Nature of Constitutions: Basic Questions about Their Interpretation ; Chapter 2: Multiple Interpretive Criteria ; Chapter 3: Original Understanding: What Is Relevant and How Much Does It Count? ; Chapter 4: Employing Multiple Standards ; Chapter 5: Neutral Principles or <"Objective>" Standards: Their Relevance and Attainability ; Part II: A Poignant Illustration ; Chapter 6: Cruel and Unusual Punishment ; Part III: Allocations of Powers ; Chapter 7: Federal Separation of Powers ; Chapter 8: Federal Powers ; Part IV: Individual Rights and Norms of Equality ; Chapter 9: Freedom of Speech and the Press ; Chapter 10: The Religion Clauses ; Chapter 11: Criminal Process: The Right to Counsel, Unreasonable Searches and Seizures, and the Privilege against Self-Incrimination ; Chapter 12: Equal Protection ; Conclusion
£69.50
Oxford University Press, USA Taming Globalization International Law the US Constitution and the New World Order
Book SynopsisIn 1997, a Mexican national named Jose Ernesto Medellin was sentenced to death for raping and murdering two teenage girls in Texas. In 2004, the International Court of Justice ruled that he was entitled to a appellate review of his sentence since the arresting officers had not informed him of his right to seek assistance from the Mexican consulate prior to trial, as prescribed by a treaty ratified by Congress in 1963. In 2008, amid fierce controversy, the U.S. Supreme Court declared that the international ruling had no weight. Medellin subsequently was executed. As Julian Ku and John Yoo show in Taming Globalization, the Medellin case only hints at the legal complications that will embroil American courts in the twenty-first century. Like Medellin, tens of millions of foreign citizens live in the United States; and like the International Court of Justice, dozens of international institutions cast a legal net across the globe, from border commissions to the World Trade Organization. Ku and Yoo argue that all this presents an unavoidable challenge to American constitutional law, particularly the separation of powers between the branches of federal government and between Washington and the states. To reconcile the demands of globalization with a traditional, formal constitutional structure, they write, we must re-conceptualize the Constitution, as Americans did in the early twentieth century, when faced with nationalization. They identify three mediating devices we must embrace: non-self-execution of treaties, recognition of the President''s power to terminate international agreements and interpret international law, and a reliance on state implementation of international law and agreements. These devices will help us avoid constitutional difficulties while still gaining the benefits of international cooperation.Written by a leading advocate of executive power and a fellow Constitutional scholar, Taming Globalization promises to spark widespread debate.Trade Review"This splendid book gives a comprehensive statement of a jurisprudence of democratic constitutional sovereignty in the United States, even in a globalizing world, against liberal internationalism and its efforts to rewrite American law as a regulatory sub-branch of globalization. It goes well beyond a re-statement of democratic sovereignty, however, to offer new arguments that are sure to be debated sharply among foreign relations and federalism scholars of all kinds, a vigorously argued claim of the role of individual states in implementing and interpreting international law." --Ken Anderson, Professor of Law, American University "In their provocative new book, John Yoo and Julian Ku vigorously defend the primacy of the U.S. Constitution in every area of globalization-trade, treaties and more. Yes, the U.S. often must cooperate with other countries to tackle global problems but it must do so in line with Constitutional principles. Their arguments are compelling, their prose is vigorous, and their analysis is often surprising." --Melanie Kirkpatrick, Senior Fellow, Hudson Institute, and former deputy editorial page editor, The Wall Street Journal. "With nuance and clarity, John Yoo and Julian Ku develop ideas about how domestic U.S. actors can account for international law in a way that is consistent with popular sovereignty under the Constitution. This should be essential reading for senators and their staffers who have to consider whether to ratify treaties only if they are non-self-executing, for judges and their clerks who have to choose when to refer to foreign laws and when not to do so, and for officials who have to decide when to obey or disobey customary international law. This book stands to shift debates among scholars from tired fights about whether or not international law is really 'law' to more a useful discussion about what decisionmakers ought to do in pressing international legal problems." --Tai-Heng Cheng, Professor of Law and Co-Director, Institute for Global Law, Justice, & Policy at New York Law School "The book offers a strong critique of transnationalist claims and advances a defense of US constitutional and political sovereignty...the book provides a carefully constructed argument." --CHOICE, M.F. Cairo, Transylvania UniversityTable of ContentsPreface ; Foreword ; Introduction ; Chapter 1: Globalization and the Constitution ; Chapter 2: Globalization and Sovereignty ; Chapter 3: Globalization and Structure ; Chapter 4: Non-Self-Execution ; Chapter 5: Presidents and Customary International Law ; Chapter 6: Globalization and Constitutional Controversy ; Chapter 7: Foreign Law and the Constitution ; Conclusions
£43.69
Yale University Press Administrative Law
Book SynopsisPresents a fundamental reconsideration of modern American administrative law, which, says Edley, is largely a failure. He discusses why and how this is so and argues that courts should abandon their guiding principle of applying legal doctrines to control the discretion of unelected bureaucrats.Table of ContentsPart 1 The structure of administrative law: introduction - the discretion problem and the continuing importance of separation of powers theory; an expository essay - the trichotomy of politics, science and adjudicatory fairness; the trichotomy's conceptual failings; scope of judicial review. Part 2 Reconstructing administrative law: unsuccessful remedies for the futility of administrative law; a constructive essay - "harder-look" review; a speculative essay - from trichotomy to trio - and sound governance review.
£32.67
Yale University Press The Constitution and Criminal Procedure
Book SynopsisUnder the banner of the Fourth, Fifth and Sixth Amendments, the Supreme Court of America has constitutionalized vast areas of criminal procedure law in ways that often reward the guilty whilst hurting the innocent. This book reconceptualizes the basic foundations of the criminal procedure field.
£32.67
Yale University Press A Republic of Statutes
£52.69
Yale University Press Negotiating Daily Life in Traditional China
Trade Review"There is very little analytic research in any language on the nature of Chinese contracts and their use in daily life. Hansen shows the impact of contracts and contractual thinking on all aspects of Chinese society, and she demonstrates how the attitudes of the state toward contracts changed from neglect and even aversion to increasing involvement. This is a valuable and eminently readable contribution to the field."—Barend J. ter Haar, University of Heidelberg
£33.78
Random House USA Inc Killers of the Flower Moon
Book Synopsis
£26.25
Oxford University Press Landmarks in the Law
Book SynopsisWritten in Lord Denning''s familiar vivid, staccato style, Landmarks in the Law discusses cases and characters whose names will be known to all readers, grouped together under headings such as High Treason, Freedom of the Press, and Murder. Thus, for example, the chapter on High Treason tells the stories of Sir Walter Raleigh, Sir Roger Casement, and William Joyce - three very different cases, the first occurring nearly 350 years before the last, but each one raising constitutional issues of the greatest importance.Table of ContentsPART ONE. ; High Treason ; PART TWO. ; Torture and Bribery ; PART THREE. ; The Chancellor's Foot ; PART FOUR. ; Martyrdom ; PART FIVE. ; Freedom of Assembly ; PART SIX. ; Matrimonial Affairs ; PART SEVEN. ; Freedom of the Individual ; PART EIGHT. ; International Terrorism ; PART NINE. ; General Warrants ; PART TEN. ; Freedom of the Press ; PART ELEVEN. ; Persecution ; PART TWELVE. ; Murder ; PART THIRTEEN. ; My Most Important Case ; Epilogue ; Index
£41.84
Taylor & Francis Ltd The Making of a European Constitution
Book SynopsisAn original and innovative recasting of constitutionalism, written by acknowledged experts in the field, this empirically grounded and theoretically informed volume addresses the strategies and philosophies that judges and lawyers bring to bear when creating European constitutional jurisprudence; investigating and promoting promotes the sustainability of a theory or praxis of procedural' constitutionalism.Building upon European and American critical legal scholarship, Michelle Everson and Julia Eisner argue that constitutional adjudication has never been the neutral matter of a mere judicial identification' of the values, norms and procedures that each society seeks to concretise in its own body of constitutional law. Instead, a mythology' of comprehensive national constitutional settlement has obscured the primary legal constitutional conundrum that is created by the requirement that a judiciary must always adapt its constitutional jurisprudence to the evolving values that aTable of ContentsIntroduction. Constitutional Mo(u)rning. Retelling the Legal Integration Story. Forgetting Law. Adjudicating Non-authoritative Law. Constitutionalizing the Institutional Balance of Powers. The Principled Judicial Mechanics of Constitutional Morphogenesis. Constitutionalism Beyond Constitutions
£181.72
Cambridge University Press Law and Administration
a huge range and FREE tracked UK delivery on ALL orders.
£105.00
Cambridge University Press Law and Administration
a huge range and FREE tracked UK delivery on ALL orders.
£55.15
