Constitutional and administrative law: general Books
The University of Chicago Press Law and Public Choice A Critical Introduction
Book SynopsisAn introduction to the driving principles of public choice. The authors review both the empirical and theoretical literature about interest group influence and provide a nonmathematical introduction to formal models of legislative action. The text is suitable for lawyers, students and political scientists.
£23.00
The University of Chicago Press Desperately Seeking Certainty The Misguided Quest
Book SynopsisIrreverent, provocative, and engaging, Desperately Seeking Certainty attacks the current legal vogue for grand unified theories of constitutional interpretation.
£26.00
The University of Chicago Press Overseers of the Poor Surveillance Resistance
Book SynopsisConfronts the everyday politics of surveillance by exploring the worlds and words of those who know it best - the watched. The book focuses on the conversations of low-income mothers from Appalachian Ohio as they talk about the welfare bureaucracy and its remarkably advanced surveillance system.
£23.00
The University of Chicago Press Untrodden Ground How Presidents Interpret the
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£31.00
The University of Chicago Press Wasting a Crisis
Book SynopsisThe recent financial crisis led to sweeping reforms that inspired countless references to the financial reforms of the New Deal. Comparable to the reforms of the New Deal in both scope and scale, the 2,300-page Dodd-Frank Act of 2010 the main regulatory reform package introduced in the United States also shared with New Deal reforms the assumption that the underlying cause of the crisis was misbehavior by securities market participants, exacerbated by lax regulatory oversight. With Wasting a Crisis, Paul G. Mahoney offers persuasive research to show that this now almost universally accepted narrative of market failure broadly similar across financial crises is formulated by political actors hoping to deflect blame from prior policy errors. Drawing on a cache of data, from congressional investigations, litigation, regulatory reports, and filings to stock quotes from the 1920s and '30s, Mahoney moves beyond the received wisdom about the financial reforms of the New Deal, showing that lax regulation was not a substantial cause of the financial problems of the Great Depression. As new regulations were formed around this narrative of market failure, not only were the majority largely ineffective, they were also often counterproductive, consolidating market share in the hands of leading financial firms. An overview of twenty-first-century securities reforms from the same analytic perspective, including Dodd-Frank and the Sarbanes-Oxley Act of 2002, shows a similar pattern and suggests that they too may offer little benefit to investors and some measurable harm.
£24.00
University of Chicago Press Gender Justice
Book SynopsisTracing the way various public policies have evolved, David L. Kirp, Mark G. Yudof, and Marlene Strong Franks find that the profusion of legislation and court decisions masks an uncertain and problematic sense of what gender-based justice means. They show that even policies not ostensibly concerned with genderfrom tax codes to health benefitshave a significant effect on sexual equality. They argue that whether or not it intends to do so, our government is setting gender policies. Pointing out that individual autonomy is the essential component of a just society, they endorse a policy that encourages choice rather than one that promotes particular outcomes.
£23.00
The University of Chicago Press Imperfect Alternatives Choosing Institutions in
Book SynopsisIn this text Neil Komesar argues that the emphasis on goal choice in public policy and law ignores an essential element - institutional choice. Indeed, as important as determining our social goals is deciding which institution is best equipped to implement them.
£30.40
The University of Chicago Press The Gay Rights Question in Contemporary American
Book SynopsisIn this work Andrew Koppelman shows the powerful legal and moral case for gay equality, but argues that the courts cannot and should not impose it. The author places his case in a broad moral and social context, offering original, pragmatic and workable legal solutions.Trade Review"The Gay Rights Question challenges American law to treat gay people the same as heterosexuals - and does so straight out of existing constitutional doctrine. Koppelman's arguments cannot be ignored by any official or person who must consider gay rights claims." - William N. Eskridge Jr., Yale Law School
£28.00
The University of Chicago Press Supreme Court Review 2016 Supreme Court Review
Book SynopsisFor more than fifty years, The Supreme Court Review has won acclaim for providing a sustained and authoritative survey of the implications of the Court's most significant decisions. The Supreme Court Review is an in-depth annual critique of the Supreme Court and its work, keeping up on the forefront of the origins, reforms, and interpretations of American law. It is written by and for legal academics, judges, political scientists, journalists, historians, economists, policy planners, and sociologists.
£53.68
The University of Chicago Press Equality for SameSex Couples
Book SynopsisDuring the past three decades nations all over the world have been debating whether to allow same-sex couples to marry, or at least grant them the rights associated with marriage. This work presents a comparative study and survey of the status of same-sex couples in Europe.Trade Review"Equality for Same-Sex Couples is well researched and argued. Merin grapples with a legal issue that is being raised more and more frequently in jurisdictions around the world. This book will meet a growing demand among lawyers and policy makers for more information and analysis relating to same-sex partnerships." - Robert Wintemute, editor of Legal Recognition of Same-Sex Partnerships
£34.20
The University of Chicago Press Interracial Intimacy The Regulation of Race and
Book SynopsisIn this comprehensive study of the legal regulation of interracial relationships, Rachel Moran grapples with the consequences of the not too distant history whereby states could legally punish minorities who had relationships with persons outside of their racial groups.
£26.00
The University of Chicago Press The Federal Impeachment Process A Constitutional
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£31.00
The University of Chicago Press Private Property and the Limits of American
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£42.75
The University of Chicago Press Bending the Rules Procedural Politicking in the
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£27.85
The University of Chicago Press Courting the Abyss Free Speech and the Liberal
Book SynopsisTrade Review"Peters has written an interesting and provocative book. . . . Courting the Abyss is about free speech generally, but it focuses on this suggestion that we all become better people through tolerating the most hateful and diabolical speech, by staring at and listening to the Nazis and the racists in our midst. Peters is interested particularly in the expression of a Stoic sense of virtue and self-mastery in the free-speech position. The civil libertarian says: I am sufficiently in control of myself to look on the Nazis without contamination. I will not be brought down to their level. By staring at their swastikas and paying attention to their slogans, I grow and become a better person. Indeed, we all become better people and our society becomes a better society with this ability to look unflinchingly into the abyss of racial hatred. Peters's book is a story of 'abyss-artists', who put their evil on public display, and 'abyss-redeemers', who believe in a moral alchemy that can make virtue out of our gaze into hell. (Abyss-avoiders, on the other hand, are those who recoil from the display and either shield their own and others' eyes or at least demand a better reason for 'defending to the death' the Nazis' right to march through Skokie.) Abyss-redemption, he says, is a major and neglected theme in the history of liberal thought. . . . Peters has, I think, done us a service in pursuing this idea of abyss-redemption. I don't mean he commends it to us: he does not. But he rightly observes that we had better come to terms with it if we want to understand what is really going on, what has been going on for centuries, in free-speech debates. More than that, Courting the Abyss explores a number of connections between abyss-redemption as used specifically in this context, and other areas of life and culture where it is said that we are the better for gazing unflinchingly at sin or death or evil."--Jeremy Waldron "London Review of Books " "Witty, irreverent, and intellectually daring: John Durham Peters has written the best scholarly book on freedom of speech in more than a generation. He shows us how and why we should doubt simple-minded orthodoxy of every kind. A master wordsmith with a wonderful brain, Peters writes against hubris, even the hubris of free speech." -- (12/22/2004) `"Free speech is not only under attack, it is misunderstood. The political tradition that once sustained it is fading, and its very defenders often undermine it by making a spectacle of their own tolerance. In this context, John Durham Peters's judicious tracing of both the free speech tradition and the moral and intellectual challenges it faces is very welcome. Courting the Abyss is an eloquent plea for more careful thought and a wise analysis of our predicament. It is not entirely reassuring, but it is eminently valuable."-- (12/22/2004) "In Courting the Abyss, John Durham Peters pokes some serious fun at free-speech purists--he calls them 'abyss-artists'--who seek occasions to 'show off the advanced state of their self-mastery' by defending doctrines they loathe. The civilized, he observes, 'take pride in their ability to entertain abominations' and rarely consider that the abominations they entertain may be doing real, and bad, work. Peters names it as our task to 'find ways to sustain openness and other-mindedness' independently of the 'cult of toughness' and without ignoring the genuine risks. A wide-ranging and exhilarating re-opening of an old but ever-renewed question."-- (12/22/2004)Table of ContentsIntroduction: Hard-Hearted LiberalismThe Intellectual Options Today Liberals, Civil Libertarians, and Liberalism The Free Speech Story Self-Abstraction and Stoicism The Method of Perversity Chapter 1. Saint Paul's ShudderThe Puzzle of Paul The Case of Meat at Corinth The Privilege of the Other In Praise of Impersonality Hosting Dangerous Discourse Stoic, Rhetorician, Jew Chapter 2. "Evil Be Thou My Good": Milton and Abyss-RedemptionAreopagitica, a Misplaced Classic Provoking Objects Scouting into the Regions of Sin Dramatis Personae The Morality of Transgression Chapter 3. Publicity and PainThe Public Realm as Sublimation Locke's Project of Self-Discipline Adam Smith and the Fortunate Impossibility of Sympathy Mill and the Historical Recession of Pain Stoic Ear, Romantic Voice Publicity and Pain Chapter 4. Homeopathic Machismo in Free Speech Theory The Traumatophilic First Amendment Holmes and Hardness Brandeis and Noxious Doctrine Skokie Subjectivity Hardball Public Space and the Suspended Soul Impersonality, or Openness to Strangeness Chapter 5. Social Science as Public CommunicationPositivism as Civic Discipline The Arts of Chaste Discourse Democracy and Numbers Objectivity and Self-Mortification Medical Composure Ways to Rehearse Death Chapter 6. "Watch, Therefore": Suffering and the Informed CitizenCatharsis Compassion Courage Pity and Its Critics News and the Everlasting Now Chapter 7. "Meekness as a Dangerous Activity": Witnessing as Participation Witnessing with the Body Witnessing from Captivity Persons as Objects Martin Luther King's Principled Passivity Transcendental Buffoonery Democracy and Imperfection Conclusion: Responsibility to Things That Are Not The Sustainability of Free Expression The Wages of Stoicism Afterword Acknowledgments Index
£24.00
The University of Chicago Press The State as a Work of Art
Book SynopsisThe founding of the United States after the American Revolution was so deliberate, so inspired, and so monumental in scope that the key actors considered this new government to be a work of art framed from natural rights. The author explores these ideas and gives an account of the origins and meanings of the Constitution of the United States.Trade Review"Richly imaginative." (New Republic)"
£76.00
University of Chicago Press The State as a Work of Art The Cultural Origins
Book SynopsisThe founding of the United States after the American Revolution was so deliberate, so inspired, and so monumental in scope that the key actors considered this new government to be a work of art framed from natural rights. The author explores these ideas and gives an account of the origins and meanings of the Constitution of the United States.Trade Review"Richly imaginative." (New Republic)"
£30.00
McGill-Queen's University Press A Written Constitution for Quebec
Book SynopsisNo province in Canada has codified a written constitution. A Written Constitution for Québec? enters into the debate of whether Quebec should be the first. Taking a doctrinal, historical, theoretical and comparative approach, and addressing the issue from a variety of perspectives, this volume is a vital resource in navigating Quebec’s constitutional future in Canada.Trade Review“I read this book in nearly one sitting—it is that good. Any scholar of Canadian or Quebec politics who reads this book will walk away thankful for the perspectives offered by the contributors and for the hard work of the collection’s two brilliant editors.” Publius
£77.35
McGill-Queen's University Press Trade and Commerce
Book SynopsisTrade and Commerce recovers a lost understanding of how the Canadian Constitution structures economic relations through commitments to secure property rights, local autonomy, economic integration, and free trade.Trade Review“Malcom Lavoie persuasively demonstrates that it is only by understanding the text of the constitution against its political and economic backdrop that jurists can breathe life into that model of harmonious and productive relations. He gives Canadian judges a razor-sharp analysis of the economic vision of the division of powers, one that has been tangled beyond recognition by decades of scholarship. Trade and Commerce slices the Gordian knot decisively, and with ease and clarity.” Ryan Alford, Lakehead University and author of Seven Absolute Rights: Recovering the Foundations of Canada's Rule of Law“[Trade and Commerce] is both theoretically important as well as practical. Lavoie’s arguments are exactly the type needed in the twenty-first century to make Canada a national economically integrated country that also respects local autonomy.” Alberta Law Review
£37.05
MP-WIS Uni of Wisconsin Emergency Presidential Power
a huge range and FREE tracked UK delivery on ALL orders.
£21.56
Yale University Press How Democratic Is the American Constitution
Book SynopsisThis work questions the extent to which the American Constitution furthers democratic goals. It reveals the Constitution's potentially antidemocratic elements and explains why they are there, compares the American constitutional system to other democratic systems, and more.Trade Review“A devastating attack on the undemocratic character of the American Constitution.”—Gordon S. Wood, New York Review of Books“Robert A. Dahl . . . is about as covered in honors as a scholar can be. . . . He knows what he is talking about. And he thinks that the Constitution has something the matter with it.”—Hendrik Hertzberg, New Yorker“Some may find it a startling question, as most Americans have an unwavering faith in the Constitution and its principles. But the author argues that we should not be afraid to examine it and to consider other options for achieving a more democratic society.”—Washington Post Book World, “Best Seller List/Washington Is Also Reading”Selected by Choice as a 2003 Outstanding Academic TitleSelected by the American Library Association as one of “The Best of the Best from the University Presses: Books You Should Know About,” 2003Selected by the Association of American University Presses as an Outstanding Book for Public and Secondary School Libraries“This book is vintage Dahl at the highest possible level. It is lucid, acutely analytic, literate, and both consistent with the long series of previous books by Dahl and new in its details and broad contours.”—Fred Greenstein, Princeton University
£16.14
Yale University Press Supreme Hubris
Book SynopsisHow to repair the dysfunction at the Supreme Court in a way that cuts across partisan ideologiesTrade Review“Tang masterfully shows how overconfidence bias among U.S. Supreme Court justices has imperiled this once hallowed institution. A must read on where the Court went wrong, and how to fix it.”—Franita Tolson, author of In Congress We Trust?: Enforcing Voting Rights from the Founding to the Jim Crow Era“Tang’s important book explains that the Supreme Court’s errors often stem from its overconfidence. He offers an innovative solution: justices should pursue the outcome that is likely to cause the least harm.”—Erwin Chemerinsky, author of Worse than Nothing: The Dangerous Fallacy of Originalism“Aaron Tang has accomplished something extraordinary. He has written a smart and original book about how the Supreme Court should do its job. It is almost impossible to say something truly new about constitutional law that makes a contribution. Tang has done that with his least harm principle.”—Eric Segall, author of Originalism as Faith
£25.00
Yale University Press Memory and Authority The Uses of History in Constitutional Interpretation
a huge range and FREE tracked UK delivery on ALL orders.
£999.99
LUP - University of Michigan Press Judges and Unjust Laws
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£23.70
The University of Michigan Press Brandishing the First Amendment
Book SynopsisBeginning with an evaluation of commonly evoked philosophical justifications for freedom of expression, Piety determines that, while these are appropriate for the protection of an individual's rights, they should not be applied too literally to commercial expression because the corporate person is not the moral equivalent of the human person.
£32.25
The University of Michigan Press The Limits of Legitimacy
Book SynopsisWhen the US Supreme Court announces a decision, reporters simplify and dramatize the complex legal issues by highlighting dissenting opinions and thus emphasizing conflict among the justices. This often sensationalistic coverage fosters public controversy over specific rulings. In The Limits of Legitimacy, Michael A. Zilis illuminates this link between case law and public opinion.
£38.90
The University of Michigan Press Biblical Judgments
Book SynopsisInvites readers to consider today’s timeless dilemmas of law and government, social justice, and human rights, through the perspective of the Hebrew Bible. By focusing on biblical narratives and literature, Daphne Barak-Erez is able to look beyond historic norms to concentrate on what Old Testament stories can reveal about the ‘big’ issues.Trade ReviewThis is an excellent introduction to law through biblical stories. At the same time, it is also a wonderful introduction to the Hebrew Bible through legal thinking." - Vered Karti Shemtov, Stanford University". . . takes well known biblical stories and trains the attention onto their legal significance, thereby offering a fresh and fascinating way of understanding them. Barak-Erez’ deep and deft analysis challenges us to think about the legal issues as if they happened today, understand their intricacy, and reflect upon the outcome." - Pnina Lahav, Boston UniversityTable of Contents Introduction Part I: Law and Government Part II: Judges and Judging Part III: Human Rights and Social Justice Part IV: Criminal Law Part V: Private Law Part VI: Family and Inheritance Law Epilogue Acknowledgments Index
£64.95
LUP - University of Michigan Press Committees and the Decline of Lawmaking in
Book SynopsisThe public, journalists, and legislators themselves have often lamented a decline in congressional lawmaking in recent years, often blaming party politics for the lack of legislative output. In this book, Dr. Lewallen examines the decline in lawmaking from a new, committee-centered perspective.
£56.95
University of California Press On the Record
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£27.00
John Wiley and Sons Ltd Tudor Government
Book SynopsisThis work examines the structures of power and jurisdiction that operated in Tudor England. It explains what the institutions of central government were designed to do, and how they related to each other. It also discusses how order and obedience were supposed to be preserved in the countryside.Trade Review"Students will undoubtedly find this book helpful in many ways." Economic History Review, June 1999 "No one interested in Tudor (or, for that matter, Yorkist or Stuart) parliaments will want to leave this work unread." Parliamentary HistoryTable of ContentsIntroduction: Theories of Authority. 1. The Central Machinery. 2. The Regions. 3. The Counties. 4. Hundreds and Parishes. 5. Towns and Cities. 6. The Church. 7. Franchises. 8. The Feudal Structures. 9. Networks. Conclusion: The Unitary State. Bibliography. Index.
£37.95
John Wiley and Sons Ltd Voices Spaces and Processes in Constitutionalism
Book Synopsisaeo Focuses on recent developments in constitutionalism and governance. aeo Highly relevant to ongoing debates on devolution and international in the UK and elsewhere. aeo Recognises the multi--layered nature of these trends and combines levels of analysis that are usually separated in the existing literature.Table of ContentsVoices, Spaces, and Processes in Constitutionalism 1Colin Harvey, John Morison, and Jo Shaw Process and Constitutional Discourse in the European Union 4Jo Shaw Accountability in the Regulatory State 38Colin Scott Governing after the Rights Revolution 61Colin Harvey The Government-Voluntary Sector Compacts: Governance, Governmentality, and Civil Society 98John Morison The Devil and the Deep Blue Sea? A Critique of the Ability of Community Mediation to Suppress and Facilitate Participation in Civil Life 133Linda Mulcahy Business, State, and Community: ‘Responsible Risk Takers’, New Labour, and the Governance of Corporate Business 151Gary Wilson Post-nationalism and the Quest for Constitutional Substitutes 178Damian Chalmers
£19.71
Harvard University Press We the People
Book SynopsisThis text argues that constitutional change, seemingly so orderly, and refined, has in fact been a revolutionary process from the first. It sets contemporary events, such as the Reagan revolution, in deeper, constitutional perspective and considers fundamental reforms that might resolve them.Trade ReviewIt sounds rather, well, unconstitutional to say the Constitution can be ignored when great issues are at stake, so long as the People are on your side. But that concept, according to Mr. Ackerman, is the key to understanding our constitutional system...Mr. Ackerman is attempting [a] revolution in the way we look at constitutional law. It's a massive endeavor...[which] mates history and legal theory at a time when specialization has sent the two disciplines in different directions...[It has] drawn much praise--Sanford Levinson, of the University of Texas's law school, has called it 'The most important project now under way in the entire field of constitutional theory'...This is one professor, it's safe to say, who couldn't be accused of dodging the big questions. -- Christopher Shea * The Chronicle of Higher Education *We the People: Transformations is a welcome return to a sort of constitutional and political history that is no longer fashionable in the academy, where social history is now ascendant. It is, in addition, a lively and informative read. -- Adam Wolfson * Commentary *[Bruce Ackerman's] particular constitutional focus is Article Five, that lays down the rules for the process of constitutional amendments, and how "We the people" have transformed the constitution in ways not laid down by such rules in the three most significant constitutional processes in American history: 1787, Reconstruction, and the New Deal...[This] book may serve as an instance of American Studies at its very best...Ackerman's analyses and arguments may at times be controversial but they are always clearly and convincingly expressed. Running through its narrative and serving to make it a compelling one is the story of how the United States has developed from a federation of states to a nation. -- Orm Overland * American Studies in Europe *We the People offers a thoroughly researched, provocative, and passionate counterpoint to the now stale debate over original intent as a guide to constitutional understanding. -- Kermit L. Hall * Journal of American History *This is a superb, provocative, and often gripping account of how We the People mobilize to produce constitutional change. A wonderful blend of history, political science, and constitutional law, this volume attempts to vindicate Ackerman's striking claim that the Civil War and the New Deal inaugurated large-scale constitutional transformations. -- Cass Sunstein, University of Chicago Law SchoolTwo myths sustain the American people, Ackerman suggests. The first holds that the federal government consistently ignores the will of the people, whose mandate must constantly be pressed against its compromised and uncompromising leaders. The second is that our Constitution is so artfully constructed that changing it, for good or bad, is nearly impossible. Drawing on subtle legal argument and a solid command of history, Ackerman goes on to suggest that although the first scenario may seem to be accurate, the second is certainly not; governments have frequently bent the Constitution to serve their ideological ends...Readers well grounded in constitutional law will find Ackerman's arguments fascinating and provocative. * Kirkus Reviews *In an analysis which is by turns breezy, scholarly and impassioned, Ackerman investigates the origins of those 'transformative moments' in the past when the American people have engaged in a 'deepening institutional dialogue' with political elites to adapt and renew the United States Constitution, thereby reaffirming and extending popular sovereignty…The energy and learning with which its case is advanced make Transformations the most provocative intellectual history of constitutional issues published in many a year. -- Peter Thompson * English Historical Review *Table of Contents* Acknowledgments Part 1: In the Beginning * Higher Lawmaking * Reframing the Founding * The Founding Precedent Part 2: Reconstruction * Formalist Dilemmas * Presidential Leadership * The Convention/Congress * Interpreting the Mandate * The Great Transformation Part 3: Modernity * From Reconstruction to New Deal * Rethinking the New Deal * The Missing Amendments * Rediscovery or Creation? * Reclaiming the Constitution * Frequently Cited Works * Notes * Index
£29.66
Harvard University Press After the Rights Revolution
Book SynopsisIn the twentieth century, American society has experienced a rights revolution: a commitment by the national government to promote a healthful environment, safe products, freedom from discrimination, and other rights unknown to the founding generation. This development has profoundly affected constitutional democracy by skewing the original understanding of checks and balances, federalism, and individual rights. Cass Sunstein tells us how it is possible to interpret and reform this regulatory state regime in a way that will enhance freedom and welfare while remaining faithful to constitutional commitments. Sunstein vigorously defends government regulation against Reaganite/Thatcherite attacks based on free-market economics and preNew Deal principles of private right. Focusing on the important interests in clean air and water, a safe workplace, access to the air waves, and protection against discrimination, he shows that regulatory initiatives have proved far superior to an approach that relies solely on private enterprise. Sunstein grants that some regulatory regimes have failed and calls for reforms that would amount to an American perestroika: a restructuring that embraces the use of government to further democratic goals but that insists on the decentralization and productive potential of private markets. Sunstein also proposes a theory of interpretation that courts and administrative agencies could use to secure constitutional goals and to improve the operation of regulatory programs. From this theory he seeks to develop a set of principles that would synthesize the modern regulatory state with the basic premises of the American constitutional system. Teachers of law, policymakers and political scientists, economists and historians, and a general audience interested in rights, regulation, and government will find this book an essential addition to their libraries.Trade ReviewOver the past decade Cass Sunstein has emerged as one of the country’s most prolific and provocative legal scholars. After the Rights Revolution is a rich discussion of how the courts have handled—and should handle—the plethora of regulatory statutes enacted since 1932. It deserves to be read widely by students of politics. -- R. Shep Melnick * Political Science Quarterly *Cass Sunstein’s After the Rights Revolution is the best attempt I have encountered to theoretically formulate a standard for the new ‘rights.’ Because it is so elegantly argued and so well written, it deserves considerable attention. -- Alan Stone * Policy Studies Journal *We all need help finding our way around the American administrative state. An important guidebook has now arrived. The publication of Cass Sunstein’s After the Rights Revolution is a significant event for those interested in administrative law and regulation, as well as for those concerned with the theory of legal interpretation. -- Ronald F. Wright * Yale Law Journal *The analysis of statutory interpretation is the book’s finest achievement. Sunstein launches a brilliant and devastating critique of interpretive theories which hold that interpretation should be a function solely of statutory text or legislative intent, and which reject any role for background norms or controversial public policy views. -- Richard B. Stewart * California Law Review *This century has seen a ‘rights’ revolution, says [Sunstein]: In addition to their traditional freedoms, Americans now have a right to clean air and safe consumer products, for example. Moreover, he argues, these rights, indispensable in a modern industrial democracy, are better protected by government regulation than by private enterprise. Thinking of the deregulation-inspired Savings & Loan debacle, the reader may agree. Despite the many failures and even tyranny of government regulatory schemes, constitutional government and regulatory legislation are compatible, says Sunstein, who offers recommendations for improving the constitutional underpinnings of regulatory schemes and minimizing the dangers of bureaucratic government. This book gives regulatory law a legitimacy it seldom receives in American legal theory and political science. -- Rex Bossert * California Lawyer *Cass Sunstein sets out not to bury regulation, but to save it—to save it from both its friends and its enemies. He seeks to make the regulatory state more legitimate and effective by creating a set of norms for judicial review of regulatory statutes and administrative actions, norms that emphasize efficiency and consistency and—most of all—democratic deliberation and equality. -- Dennis J. Coyle * Law and Politics Book Review *If the size and ambition of our government are not mistakes—and Sunstein makes that case well—then we need to address its works in ways that both enhance its opportunities for success, and promise restraints on its power. After the Rights Revolution is an important effort in that direction. -- Peter L. Strauss * Michigan Law Review *After the Rights Revolution is a thoughtful and compelling analysis of the United States welfare state and the role of courts in modern government. Sunstein argues that it is the deliberate process of government and its potential for political actors to engage in emphatic dialogue with other participants which gives democracy its emancipatory potential. -- Patrick Keyzer * Sydney Law Review *In this provocative and lively book, Sunstein argues that the Reagan adminstration’s vigorous attack on government regulation was misplaced, contending that government regulation is superior to the behavior of private markets… Sunstein thus offers a spirited defense of the ‘rights revolution’ embodied in the new social and economic regulation—from clean air and water to antidiscrimination rules—that have swept government since the New Deal, and especially since the 1960s… The result is a careful, prescriptive study positioned among theorists’ visions of justice, laywers’ concepts of due process, and politicians’ imperatives for effective policy. -- American Library AssociationSunstein calls on courts, and the rest of us, to redeem the promise of the New Deal and Great Society. A splendid statement of the role that law can play in building a more progressive America. -- Bruce A. Ackerman, Sterling Professor of Law and Political Science, Yale Law SchoolProfessor Sunstein makes use of an impressive range of materials and applies to them some considerable wisdom and good judgment. After the Rights Revolution is an important statement for the 1990s. -- Steven Kelman, Professor of Public Policy, Kennedy School of Government at Harvard UniversitySunstein should be required reading on everybody’s list of public affairs books. It’s already on mine, for my undergraduate as well as graduate students. The analysis is rigorous, the message is clear. The book provides the defense of regulation we have needed during the laissez-faire era. Yet it gives little comfort to knee-jerk regulators. In other words, it makes a great target for folks of every persuasion. -- Theodore J. Lowi, John L. Senior Professor of American Institutions, Cornell UniversityAfter the Rights Revolution is a powerful and provocative rethinking of regulatory jurisprudence. Cass Sunstein provides an illuminating review of how and why regulation succeeds and fails. He then offers new canons of construction that judges should use to interpret regulatory statutes in the public interest. This stimulating book is essential reading for public law and regulatory government. -- Richard B. Stewart, Assistant Attorney General, United States Department of JusticeTable of ContentsIntroduction Regulation and Interpretation The Anachronistic Legal Culture 1. Why Regulation? A Historical Overview Public and Private Ordering 2. The Functions of Regulatory Statutes Market Failures Public-Interested Redistribution Collective Desires and Aspirations Diverse Experiences and Preference Formation Social Subordination Endogenous Preferences Irreversibility, Future Generations, Animals, and Nature Interest-Group Transfers and "Rent-Seeking" The Problem of Categorization 3. How Regulation Fails Failures in the Original Statute Implementation Failure Linking Statutory Function to Statutory Failure Paradoxes of the Regulatory State--and Reform 4. Courts, Interpretation, and Norms Flawed Approaches to Statutory Interpretation Interpretive Principles An Alternative Method 5. Interpretive Principles for the Regulatory State The Principles Priority and Harmonization Fissures in the Interpretive Community The Postcanonical Legal Universe 6. Applications, the New Deal, and Statutory Construction Particulars The New Deal and Statutory Construction Conclusion The Constitution of the Regulatory State--and Its Reform Interpreting the Regulatory State Appendix A. Interpretive Principles Appendix B. Selected Regulations in Terms of Cost Per Life Saved Appendix C. The Growth of Administrative Government Notes Index
£31.46
Harvard University Press Controlling the State
Book SynopsisGordon explores the main venues of constitutional practice in ancient Athens, Republican Rome, Renaissance Venice, the Dutch Republic, seventeenth-century England, and eighteenth-century America—and describes how constitutionalism has developed since then into the modern concept of constitutional democracy.Trade ReviewWhile not defending any particular version of constitutionalism as best, Gordon argues persuasively that some form of constitutional government is necessary for both prosperity and the preservation of individual liberty. -- R. Hudelson * Choice *An unusually sweeping book...[Gordon] provides a...concise and accessible introduction to the history of constitutional government ... Particularly valuable for its distinctive emphasis on countervailing power as the cornerstone of constitutional governance and its broad survey of the practice and idea of constitutionalism over the course of Western history. -- Keith E. Whittington * Law and Politics Book Review *Table of ContentsPreface Introduction 1. The Doctrine of Sovereignty The Classical Doctrine of Sovereignty The People as Sovereign Parliament as Sovereign Critics of Sovereignty 2. Athenian Democracy Constitutional Development The Athenian Political System The Theory of the Athenian Constitution The Doctrine of Mixed Government The Constitutional Totalitarianism of Sparta 3. The Roman Republic The Development of the Republic, and Its Fall The Political System of the Republic Theoretical Interpretation of the Republican System 4. Countervailance Theory in Medieval Law, Catholic Ecclesiology, and Huguenot Political Theory Canon Law and Roman Law Catholic Ecclesiology and the Conciliar Movement The Huguenot Political Theorists 5. The Republic of Venice Venice and Europe The Venetian System of Government Venetian Constitutionalism Church and State The Myth of Venice Venice, Mixed Government, and Jean Bodin 6. The Dutch Republic The Golden Age of the Dutch Republic The Political History of the Republic, 1566-1814 The Republican Political System Dutch Political Theory 7. The Development of Constitutional Government and Countervailance Theory in Seventeenth-Century England Religious Toleration and Civic Freedom The Roles of Parliament "Mixed Government" and the Countervailance Model The Early Stuart Era From the Civil War to the Revolution of 1688 The Provenance of English Countervailance Theory The Eighteenth Century, and Montesquieu 8. American Constitutionalism The Political Theory of the American Revolution The State Constitutions The National Constitution The Bill of Rights and the Judiciary A Note on Provenance 9. Modern Britain Archaic Remnants: The Monarchy and the House of Lords The House of Commons and the Cabinet The Bureaucracy The Judiciary Unofficial Political Institutions: Pressure Groups Epilogue References Index
£34.81
Harvard University Press Minding Justice
Book SynopsisThis comprehensive examination of the laws governing the punishment, detention, and protection of people with mental disabilities provides innovative solutions to problems associated with criminal responsibility, protection of society from dangerous individuals, and the state's authority to act paternalistically.Trade ReviewWith penetrating analysis and startling originality, Slobogin examines the underpinnings of mental health law, cutting across both criminal and civil domains, to propose a provocative restructuring of legal doctrine. This extremely well-written book is a superb example of interdisciplinary scholarship, combining philosophical, legal, and clinical insights in a new synthesis. -- Bruce J. Winick, Professor of Law and Professor of Psychiatry and Behavioral Sciences, University of MiamiSlobogin's book is a tour de force on issues concerning interventions into the lives of those with mental illness. -- Elyn Saks, Orrin B. Evans Professor of Law, Psychology, and Psychiatry and the Behavioral Sciences at the Gould School of Law, University of Southern CaliforniaTable of ContentsPreface 1. The Clinical and Legal Landscape Part I: The Punishment Model 2. The Insanity Defense 3. Mental Disability and the Death Penalty Part II: The Prevention Model 4. A Jurisprudence of Dangerousness 5. The Civilization of the Criminal Law Part III: The Protection Model 6. Competency in the Criminal Process 7. Treatment Decision-Making Conclusion: Rethinking Legally Relevant Mental Disorder Notes Index
£60.31
Harvard University Press Law Ideology and Methods
Book SynopsisThese essays assess specific themes in legal historian Morton Horwitz’s work, from the antebellum era to the Warren Court, from jurisprudence to the influence of economics on judicial doctrine. The essays are, like Horwitz, provocative and original as they continue his transformation of American legal history.
£32.26
Harvard University Press The Fallacies of States Rights
Book SynopsisBarber shows how arguments for states’ rights from John C. Calhoun to the present offend common sense, logic, and bedrock constitutional principles. The Constitution is a charter of positive benefits, not a contract among separate sovereigns whose function is to protect people from the central government, when there are greater dangers to confront.Trade ReviewStates' rights arguments have been used throughout American history, from the opposition to the abolition of slavery, to the challenges to the Affordable Care Act. In a brilliant book, Barber shows that protecting states' rights neither has a constitutional foundation nor a basis in sound social policy. -- Erwin Chemerinsky, University of California, IrvineThe Fallacies of States' Rights is the work of a major constitutional theorist at the top of his game. The exposition is clear, its logic razor-sharp, and its thesis powerful. Thinking with Barber as he advances his positive, ends-oriented constitutional theory, is consistently stimulating and satisfying. This is a first-rate study of American federalism. -- Ken I. Kersch, Boston CollegeAll too often, discussions of American federalism are anchored in nostalgic platitudes about a nonexistent past or simplistic models of public choice. In this rigorously argued book, Barber shows that our federalism has always been based upon a strong national government, and that current popular accounts of states' rights, if looked at closely, are incorrect and incoherent. -- Malcolm Feeley, University of California, Berkeley
£35.66
Harvard University Press The ColorBlind Constitution
Book SynopsisKull provides us with the previously unwritten history of the color-blind liberal ideal that the government take no account of the race of its citizens. For 125 yearsfrom the crusades of the Garrisonian abolitionists to the civil rights legislation of the 1960sthis idea was the constitutional focus of the struggle for racial equality in America.Trade ReviewAn important contribution to scholarship and to public discussion of the direction of this nation's legal policies regarding race. -- Walter Volkomer * Political Science Quarterly *Kull has written a brilliant and challenging history of an idea: the theory that the Constitution prohibits the law from ever taking account of race. With exquisite insight, Kull traces this idea from its earliest expression in abolitionist constitutional thought to its displacement today by the competing idea of compensatory racial justice. -- Kenneth Jost * American Bar Association Journal *Andrew Kull is a scholar, not an advocate. His lawyerly book is thus not a legal brief but a meticulously crafted history of an unfinished argument. What happened to the color-blind ideal? Kull asks. We now have a beautifully constructed answer. No other work explores so brilliantly the series of constitutional cases in which the courts assumed the power to weigh the costs and benefits of race-based policies—from Jim Crow laws to school busing and beyond. [This]…is an indispensable work. -- Abigail Thernstrom, author of Whose Votes Count? Affirmative Action and Minority Voting Rights[Kull] tells a story... through excellent legal analysis and commentary on legislation, legal arguments, briefs and judicial opinions dating back to the dawn of the Republic in the eighteenth century. -- Johnny J. Butler * Philadelphia Inquirer *Andrew Kull has provided the most compelling book yet written on the enduring colorblind principle. The basic claim is powerful and direct; the Constitution of the United States forbids racial discrimination at any level of government against any citizen, period. The colorblind principle is one of universal appeal. For every citizen who recoils from government’s endless uses of race to divide, allocate, and dictate their rights or the rights of others by race, this book will provide powerful support for their views. I hope it will be widely read. -- William Van Alstyne, Duke UniversityTable of ContentsIntroduction 1. A Glorious Liberty Document 2. The Lynn Petition 3. Sumner and Shaw 4. The Reconstruction Amendments of Wendell Phillips 5. The Thirty-Ninth Congress 6. The Judicial Assessment 7. Plessy v. Ferguson 8. Separate but Equal 9. Brown v. Board of Education 10. The Road Not Taken 11. Benign Racial Sorting Notes Index of Cases General Index
£31.46
Harvard University Press New Democracy
Book SynopsisConventional wisdom dates the origins of activist federal government to the New Deal. William J. Novak shows that the roots run deeper. Tracing the gradual rise in demands for public-service government from the Civil War through the Progressive Era, he finds that attitudes about the role of the state changed long before FDR was in office.Trade ReviewSuperb…Bound to become a landmark in constructing the map of governance’s constitutional history…A major contribution to an overall narrative of U.S. constitutional development. -- Mark Tushnet * Balkinization *Emphasizes the dramatic departure of the modern American state from its roots…Novak expertly weaves together intellectual, legal, and political history to show that the critical turning point in American politics came during the Progressive era…A useful complement to the ongoing study of the critical decision points that led us to our present moment. -- Joseph Postell * Claremont Review of Books *Novak deftly examines how Dewey and other progressive reformers reimagined the state to meet the challenges of their own time…Deeply researched and beautifully organized. -- Kate Masur * Tocqueville 21 *An enlightening analysis of the intellectual and theoretical underpinnings of policies enacted in [the Progressive Era]…Antitrust aficionados and general history nerds will also find much to like here…Novak has synthesized a vast amount of material for readers interested in discovering how we arrived at the current state of antitrust law. -- Claude Marx * FTC Watch *A dazzling historical blueprint of progressive reform with utmost pressing relevance for our immediate future. -- Orly Lobel * Yale Journal on Regulation *Novak has done us all an extraordinary service in bringing together so many ideas, practices, laws, and policies into a single, beautifully-written, energetic, erudite volume that will surely reshape how we and subsequent generations see the creation of the modern American state. -- Ganesh Sitaraman * Yale Journal on Regulation *Splendid…Skillfully and persuasively, Novak ties the administrative state and the New Deal’s federal policies—and the legal framework that made them possible—to the decades that preceded the Great Depression…[Novak] aims not just to highlight aspects of the multidimensional and centuries-long existence and gradual expansion of the nation’s commitment to regulation in the public interest. Instead, he demonstrates the intellectual, legal, and political changes that permanently altered governance in the United States…For scholars and citizens battling against privilege on behalf of justice, New Democracy will prove an invaluable resource. -- James T. Kloppenberg * Michigan Journal of Law and Society *This is one of the most ambitious and interesting books I have read in a long time. -- Christopher Howard * Perspectives on Politics *Novak’s important and timely book debunks the myth that before Franklin Roosevelt’s New Deal, municipal, state, and federal governments were weak, and doctrines enshrining free market capitalism, individual, contract, and property rights went unchallenged. -- Glenn C. Altschuler * Pittsburgh Post-Gazette *A rich, complicated book examining the origins of the modern American state…Novak’s argument is one that has, and will continue, to spark debate as it goes to the heart of one of oldest questions in American political life. -- Phillip Payne * S-USIH: Society for U.S. Intellectual History *Illuminat[es] the enormous expansion of both state and federal governmental authority well before the New Deal, especially in the laws and agencies regulating public utilities and enacting Progressive social-welfare regulation and benefits. -- Robert Gordon * Stanford Lawyer *This much anticipated book is a magisterial revision of the history of modern American governance. More powerfully than any work I have read, it shows concretely when and how the modern American state took shape and what made it fundamentally different from what came before. Perhaps even more important, Novak’s account centers democracy in a way other works have simply overlooked. Outstanding, truly field-changing, New Democracy is sure to spark vital conversations for decades to come. -- Karen M. Tani, author of States of Dependency: Welfare, Rights, and American Governance, 1935–1972Novak’s dazzling New Democracy offers a striking reconceptualization of a pivotal era in the history of American governance. As he demonstrates, brilliantly and convincingly, the New Deal was built upon the radical ideas and novel administrative practices that reshaped American politics and law in the decades preceding FDR’s election in 1932. -- James T. Kloppenberg, author of Toward Democracy: The Struggle for Self-Rule in European and American ThoughtIn this sweeping and provocative book, Novak forces us to think anew about public power and democracy in America and how both were transformed in the period from 1866 to 1932. Encompassing everything from citizenship to social policy, the profound changes he chronicles notably preceded the New Deal. Novak challenges us as never before to reexamine what we thought we knew about ‘the creation of the modern American state.’ -- David A. Moss, author of Democracy: A Case StudyA grand synthesis that retells the story of the rise of the modern American state by examining the fundamental grammar of state-building. Novak shows that Americans took ideas about citizenship, police power, public utility, social welfare, antimonopoly, and, most importantly, democracy and invested them with new power and meaning between the close of the Civil War and the beginning of the Great Depression. They laid the foundations for how Americans would continue to grapple with public problems, and how they would struggle over the meaning of democratic governance. A fitting capstone to a brilliant career. -- Kenneth W. Mack, author of Representing the Race: The Creation of the Civil Rights LawyerThe Progressive period, the decisive turning point in the rise of modern American government, law, policy, and planning, has attracted some of the greatest historians of our time. Novak now joins their ranks with New Democracy, dazzling in its erudition and provocative argumentation. It will be impossible to think about Progressivism—and the American state today—without reading this book first. -- Thomas J. Sugrue, author of The Origins of the Urban Crisis: Race and Inequality in Postwar DetroitNovak’s New Democracy is a remarkable achievement. Beautifully written and superbly researched, it illuminates the transformation of the American system of government between the Civil War and the New Deal, debunking the myths of both a weak American state and the New Deal as an aberration. An essential read for anyone who cares about the past and future of American democracy. -- Kate Andrias, Columbia Law School
£33.11
Harvard University Press Smart Citizens Smarter State
Book SynopsisGovernments make too little use of the skills and experience of citizens. New tools—what Beth Simone Noveck calls technologies of expertise—are making it possible to match citizen expertise to the demand for it in government. She offers a vision of participatory democracy rooted not in voting or crowdsourcing but in people’s knowledge and know-how.Trade ReviewThe ultimate goal of Smart Citizens, Smarter State is not simply a more competent regulatory state, but a transformed relationship between government and the governed. To policymakers and bureaucrats, Noveck makes the case that soliciting citizen expertise can make governance more effective; to democratic theorists, Noveck argues that providing expertise is a genuine form of civic engagement… The strongest characteristic of Smart Citizens, Smarter State is its intellectually modest approach: It builds on existing programs, can be scaled up quickly or slowly, and is predicated on experimentation rather than centralized decision-making. That makes it a great reform agenda for those who have been burned by sweeping overhauls and grandiose promises before. -- Andrew Mayersohn * Boston Review *Richly informative, unafraid to address problem areas (transparency and elitism), [Noveck] offers an inspiring prospect of smarter cities in a smarter future. -- Jonathan Carr * The Guardian *I strongly recommend Smart Citizens, Smarter State to the new generation of scientists emerging at the interface of computing and public policy. Those with technology and ‘hard’ sciences backgrounds would hugely benefit from a comprehensive understanding of government and policy domains in order to set new research agendas with significant potential for wider impact. At the other end of the spectrum, those with politics and social science backgrounds would find it very helpful for understanding the current technologies of expertise and the new trends in public decision-making, offering great promise for transforming the ways that governments should operate under the ongoing data revolution. -- Zeynep Engin * LSE Review of Books *Smarter Citizens, Smarter State is a valuable contribution to a debate that will continue as technology plays an increasing role in almost every aspect our lives. -- J. P. O’Malley * New Internationalist *Noveck offers an optimistic but realistic approach that aims to offer a theoretical and practical road map of policy making, champions more than transparent government, and encourages readers to not perceive citizens as mere passive policy bystanders. In a society that facilitates collaboration and allows for political institutions that are open by default, this approach calls for a fundamental transformation of how government engages citizens in policy making. -- A. E. Wohlers * Choice *New peer-to-peer technology platforms have radically democratized how information spreads, how capital flows, and even how cabs get hailed in the twenty-first century. But our government itself remains a largely closed system, with relatively few opportunities for public engagement and collaboration. In this book, Beth Simone Noveck lays out a fresh and ambitious vision for a more democratized democracy, one in which our government takes full advantage of the Networked Age and the vast resources of its citizenry. Highly recommended! -- Reid Hoffman, cofounder/chairman of LinkedIn and coauthor of The Alliance: Managing Talent in the Networked AgeA ringing call to arms for anyone who believes that government is busted and citizens could do more than anyone else to fix it. Following in the footsteps of John Dewey, Noveck explores the fundamental changes needed to bring to bear the vast resource of citizen expertise and ability in a time of rising demands and dwindling resources. The book summons smart citizens everywhere to action, be they makers, hackers, data analysts, or everyday experts. It also challenges members of the existing elite, daring them to imagine a more populist—and smarter—future. -- Paul W. Glimcher, Julius Silver Professor of Neural Science, Psychology, and Economics and Director of the Institute for the Interdisciplinary Study of Decision-Making, New York UniversitySmart Citizens, Smarter State is a manifesto for a new way of governing. Digital technologies, Noveck argues, create abundant opportunities for governments to learn from their citizens and provide better services. Written with optimism and passion, this book brings the open source revolution to public administration. -- Jack M. Balkin, Knight Professor of Constitutional Law and the First Amendment, Yale Law SchoolCrowd-sourcing works wonderfully in creating open-source software and online encyclopedias. Can it work in governance? Beth Noveck, who has spent years creating means of engaging citizens on the Internet, argues it can, if done wisely. This book—informed by experience, breathless energy, optimism, encyclopedic knowledge, and an extraordinary intellect—should be required reading for all who are interested in the question. -- Peter L. Strauss, Betts Professor of Law, Columbia Law SchoolThe endless debate that assumes ‘expertise’ and ‘democracy’ to be in conflict is here unpacked—and then carefully, intelligently reassembled from the perspective of new tools such as digital data and new ideas, including crowd-sourcing distributed expertise. The result? A false choice is demolished, replaced by a commonsense strategy that welcomes expertise without diminishing democracy’s robustness. -- Kenneth Prewitt, Columbia University
£32.36
Harvard University Press Impeachment
Book SynopsisThe little understood yet volcanic power of impeachment lodged in the Congress is dissected through history by the nation's leading legal scholar on the subject.Trade ReviewThe best book on the unthinkable subject we are all thinking about. * New York Times *Originally published in 1974 at the time of the Nixon crisis, this erudite book by a legal scholar offers authoritative insight into all aspects of impeachment. * Washington Post Book Review *An admirable and powerful work...valuable and illuminating. -- Arthur M. Schlesinger, Jr.
£24.26
Harvard University Press Corruption in America
Book SynopsisWhen Louis XVI gave Ben Franklin a diamond-encrusted snuffbox, the gift troubled Americans: it threatened to corrupt him by clouding his judgment. By contrast, in 2010 the Supreme Court gave corporations the right to spend unlimited money to influence elections. Zephyr Teachout shows that Citizens United was both bad law and bad history.Trade ReviewAt last someone has written a book that puts a name to what is perhaps the most significant factor shaping American politics today: corruption. In a masterly work of scholarship, Zephyr Teachout…traces the history of American approaches to what was long considered a mortal threat to the republic. She demonstrates that recent jurisprudence, which has whittled down the definition of corruption to encompass only a contractual exchange between briber and public official, represents nothing less than ‘a revolution in political theory.’… Teachout calls for a return to the Framers’ preference for across-the-board rules to help prevent corrupt acts before they are perpetrated, rather than relying on punishment after the fact. -- Sarah Chayes * Wall Street Journal *In Corruption in America, an eloquent, revealing, and sometimes surprising historical inquiry, Teachout convincingly argues that corruption, broadly understood as placing private interests over the public good in public office, is at the root of what ails American democracy. -- David Cole * New York Review of Books *Teachout’s book is filled with colorful anecdotes about Americans getting away with all sorts of chicanery… Corruption in America shows that it is possible to establish and maintain governmental institutions that shield us from our worst instincts. This was the goal of Madison and his peers, and it could still be achieved with a better public-election finance system, which could be constitutional under Citizens United if the system did not restrict private donations. Democrats who will be looking for a fresh agenda in 2016 should read Teachout’s book carefully. -- Max Ehrenfreund * Washington Post *[A] groundbreaking book. -- John Nichols * The Nation *You have probably heard pundits say we are living in an age of ‘legalized bribery’; Corruption in America is the book that makes their case in careful detail… State governments subject to wealthy corporations? Check. Speculators in legislation, infesting the capital? They call it K Street… And all of it has happened, Teachout admonishes, because the founders’ understanding of corruption has been methodically taken apart by a Supreme Court that cynically pretends to worship the founders’ every word. -- Thomas Frank * New York Times Book Review *[Teachout] has written an intelligent, stimulating, and wide-ranging retort to the Roberts Court’s constrained view of corruption. In Corruption in America, she argues that for democracy to thrive, we need a far more capacious characterization of this key concept… Her book in part [is] a greatest hits of court cases and laws dealing with bribery and lobbying, full of corrupt land deals and railroad intrigue… While there is obviously plenty to debate and disagree over in how we might define and delineate corruption, the broad unsettledness of the concept is perhaps Teachout’s point. She has some ideas on how we might think about corruption, and she highlights others’ ideas as well. But mostly, she just wants us to debate and discuss corruption more, to view it as a controversial issue, and not to let the Roberts Court sweep it away into a marginal corner so that it can then declare it irrelevant, thus clearing the way for unlimited campaign contributions… Teachout’s book may be just the rousing call to arms we need for the fight ahead. -- Lee Drutman * Democracy *[Teachout] wrote [this] book, she says, primarily in answer to conservative members of the Supreme Court, who, in a series of decisions climaxing in Citizens United v. Federal Election Commission in 2010, have successively narrowed the legal definition of corruption to the point that it now effectively includes only outright bribery. In Citizens United, for example, the majority struck down corporate spending limits in politics on the grounds that there is nothing inherently corrupting about corporations trying to buy influence with politicians so long as there is no explicit quid pro quo. Teachout spends much of her book showing just how naive, dangerous, and, frankly, anti-American the Founding Fathers would have considered such reasoning… It is certainly refreshing to watch Teachout remind jurists who pretend to wrap themselves in the mantle of strict construction just how at odds their views of human nature and the role of government are with those of the framers. -- Daniel Bush * Washington Monthly *A serious scholarly take-down of the American campaign finance system. -- Zach Carter * Huffington Post *After a thorough and almost agonizingly detailed grand tour of dozens of often conflicting federal and state court decisions differing on the precise legal meaning of ‘corruption,’ Teachout ends up with a book that should become required reading in constitutional law classes. -- Michael Hirsch * Indypendent *A book that merits the large readership it may get… Teachout’s narrative spans the history of the United States from its beginnings through Chief Justice John Roberts’s decision in McCutcheon v. FEC. -- Scott McLemee * Inside Higher Ed *Zephyr Teachout argues that recent court decisions—and a lax attitude toward corruption—are putting private interests over the public good. Teachout complains of the revolving-door practice of congressional representatives retiring and becoming lobbyists. She says the policy breeds ethical conflicts and tainted decision-making. -- Carl Campanile * New York Post *This is an important book. -- Mark G. Spencer * Times Literary Supplement *Teachout explores case law and controversies before the 1970s and finds that many generations of jurists and politicians had a much broader conception of political corruption and a richer sense of civic duty and viewed any sort of gift-giving from private citizens to public officials as ethically dubious and undermining of democratic legitimacy. Though there was quite a bit of public corruption in the old days, there was also a respect for public virtue for which modern jurisprudence has little patience. The Supreme Court’s dramatic turn away from an older tradition leaves Congress unable to regulate lobbying and campaign spending wisely, should it chose to do so. With public confidence in government low and Washington politics driven by the agendas of corporations and the wealthy, Teachout’s argument is timely, compelling, and important. -- R. M. Flanagan * Choice *Teachout’s beautifully written and powerful book exposes a simple but profound error at the core of the Supreme Court’s McCutcheon v. FEC decision. The originalists on the Court forgot their history. This is that history—and eventually it will provide the basis for reversing the Court’s critical error. -- Lawrence Lessig, author of Republic, Lost: How Money Corrupts Congress—and a Plan to Stop ItThis is a wonderful and important book. Zephyr Teachout shows what’s wrong with how the Supreme Court thinks about democracy and political corruption, how we got to this terrible place, and that it wasn’t always this way—and doesn’t have to be. There’s a lot of learning and original synthesis here, and also an unmistakable voice, which blends a lively intelligence with passion for democracy as a way of life. -- Jedediah Purdy, author of A Tolerable Anarchy: Rebels, Reactionaries, and the Making of American Freedom
£17.95
Harvard University Press The Evangelical Origins of the Living
Book SynopsisJohn Compton shows how evangelicals, not New Deal reformers, paved the way for the most important constitutional developments of the twentieth century. Their early-1800s crusade to destroy property that made immorality possible challenged founding-era legal protections of slavery, lotteries, and liquor sales and opened the door to progressivism.Trade ReviewJohn W. Compton’s The Evangelical Origins of the Living Constitution is an outstanding addition to the literature on American constitutional development. The book argues that the progressive critique of the Constitution in the early twentieth century that led to the New Deal was presaged and to some extent made possible by earlier social movements of evangelical Christians in the nineteenth century who sought to ban alcohol and lotteries. The idea that the Constitution’s practical meaning must adjust to changing social conditions is often associated with the progressive critique of the 1920s and 1930s. But Compton shows that evangelicals made similar moves decades before in order to reshape constitutional understandings and justify government power to ban alcohol and lottery sales… He shines new light on the history of American constitutional development. He does a tremendous service in recalling cases and debates that were once very important to constitutional theory but are no longer… The Evangelical Origins of the Living Constitution is a truly valuable book that greatly enhances our understanding of the development of constitutional law in the nineteenth century. After reading this book, and grasping its lessons, you will not be able to teach the basic Constitutional Law course the same way again. That is not true of many books, and it is a mark of its excellence and its importance. -- Jack Balkin * Balkinization *[An] intriguing history of morals legislation and American constitutional history… Compton rightly points out that many of the classic histories of American law treat the 19th-century courts as consistently moralistic, without appreciating the dramatic shift that took place in judicial doctrine and the awkward tension this created with earlier cases. He has exposed a remarkable sequence of developments in American constitutional history… Compton rightly draws attention to the role that the morals cases played in the emergence of the living Constitution. -- David Skeel * Books & Culture *Compton’s history is compelling… This is a fascinating book that sheds much light on how our views on the proper scope of government have changed—for the worse. -- George Leef * Forbes *John Compton’s superb book provides a fascinating account of the influence that evangelical attempts to stamp out drinking and lotteries had on American constitutional development. That, in itself, is worth the price of admission. -- Mark Graber, University of Maryland Francis King Carey School of LawThe book’s clear, forcibly argued, and original thesis challenges some of the most influential scholarship in its field. -- Ken I. Kersch, Boston CollegeAs scholars and pundits debate whether the New Deal order is coming to an end, questions about its inception are particularly timely, and the author’s engagement with the question of how morals can influence constitutional politics is quite salient at this time. -- Julie Novkov, University at Albany, State University of New York
£40.76
Harvard University Press Constitutional Coup Privatizations Threat to the
Book SynopsisAmericans hate bureaucracy—though they love the services it provides—and demand that government run like a business. Hence today’s privatization revolution. Jon Michaels shows how the fusion of politics and profits commercializes government and consolidates state power in ways the Constitution’s framers endeavored to disaggregate.Trade ReviewI encourage anyone interested in the administrative state, separation of powers, or privatization to read this book. -- Sasha Volokh * Washington Post *In his book, Constitutional Coup, [Michaels] argues that our professional bureaucracies are essential to America’s democracy… The true strength of Michaels’s book is reminding us why we have administrative government in the first place… Michaels provides a useful reframing of what business-like government really means. -- Joshua Alvarez * Washington Monthly *A truly fundamental contribution to constitutional thought, especially important at a moment when the Trump presidency is escalating the privatization of American government. -- Bruce Ackerman, author of The Decline and Fall of the American RepublicJon Michaels has identified a key aspect of the modern state, its increasing delegation to private businesses of fundamental tasks historically associated with governance. What is fresh and compelling about his book is his elaboration of the truly constitutional dimensions of these developments. -- Sanford Levinson, author of Framed: America’s 51 Constitutions and the Crisis of GovernanceConstitutional Coup offers a learned, lucid, and important argument about the relationship between privatization, constitutional structure, and public values. Defenders and critics of the contemporary administrative state alike will profit from engaging with Michaels’s innovative work. -- Jeffrey A. Pojanowski, Notre Dame Law SchoolMichaels’s book is not so much a celebration of the administrative state as it is an impassioned defense of administration as a central pillar of our modern constitutional structure that is increasingly under threat. For Michaels, the administrative state is not the bogeyman of ‘big government’; nor is it the specter of inefficiency and gridlock that privatization’s proponents make it out to be. Rather, it is the modern instantiation of the central principles of our constitutional order…Michaels rightly argues that dismantling the administrative state risks creating more aggrandized and unchecked executive power, not less…Michaels’s work is admirably expansive, resting on a deep conceptual core that generates a number of implications for debates in legal scholarship and for incredibly timely legal and policy questions about the future of administrative governance in an era marked by the puzzling combination of deregulation and expansive executive overreach. -- K. Sabeel Rahman * Harvard Law Review *
£32.36
Harvard University Press Indias Founding Moment
Book SynopsisMadhav Khosla describes the remarkable work of the founders of independent India. All at once they built a democratic system in the midst of illiteracy and poverty enforced by a century of imperial domination and neglect. They crafted a constitution aimed at creating democratic citizens through democratic politics.Trade ReviewIn demonstrating how India’s democratic tendencies were founded by the constitution rather than vice versa, [Khosla] succeeds in his aim of placing the Indian constitution at least on a par with that of the U.S. * Financial Times *Couldn’t [be] timelier. It delves into the mystery of how some 400 men and women who had spent their lives as colonial subjects went on to create a charter of such breathless ambition…Deeply interesting. -- Sonia Faleiro * Foreign Policy *A punchy reminder of the success of India’s birth as a democratic republic. The genius of its constitution kept the country on course for seven decades of peace and (slow) growth; but it has suffered erosion in the era of Narendra Modi. * The Economist *By grounding Indian constitutional debates in political philosophy, Khosla has given an entirely novel perspective to India’s democratic origins. Perhaps now political philosophers will have reason to more intimately engage with India’s constitutional ideas. -- Ashutosh Varshney * Boston Review *I recommend it to anyone with an interest in India, in the challenges that democracies face, in global constitution-making, or in all three…A fascinating window into the framing of the Indian Constitution. -- Cheryl Saunders * Constitutional Commentary *Democratic citizenship, for India’s founders, meant individual freedom for all, regardless of religion, caste, class, or culture. In this insightful analysis of one of the most significant postcolonial constitutions in the world, Madhav Khosla provides an essential framework for understanding current challenges to the fundamental principles upon which the country was built. -- Bruce Ackerman, author of Revolutionary ConstitutionsErudite, analytically dazzling, and with a rare understanding of both India's and democracy’s challenges, Madhav Khosla’s India’s Founding Moment gives readers unparalleled access to the ideas behind India’s radical experiment in democratic constitution-making. As that noble vision is now under assault from sinister forces that Gandhi, Nehru, and Ambedkar knew well, we all should ponder Khosla’s all-too-timely book and do whatever we can to prevent the demise of India’s constitutional order. -- Martha C. Nussbaum, author of The Cosmopolitan Tradition: A Noble but Flawed Ideal and The Clash Within: Democracy, Religious Violence, and India’s FutureThis brilliant and challenging book shows how political choices—what to put in a constitution, the locus of effective power, and the forms of representation—can create citizens who can and must govern themselves in a modern democracy while facing deep challenges caused by poverty, caste, and illiteracy. It is at once a contribution to Indian constitutional history, constitutional theory, and political theory, and is a ‘must read’ for everyone in those fields. -- Mark Tushnet, author of Taking Back the ConstitutionKhosla’s superb study of the almost miraculous emergence of Indian democracy is an exceptional interweaving of complex and subtle insights from jurisprudence, political theory, and intellectual history. -- Sudipta Kaviraj, author of The Enchantment of Democracy and IndiaThis is a sensitive analysis of the moral imagination behind the Indian Constitution, a document intended to free the democratic process from sectarian identities and to strengthen centralized state power. As Indian democracy struggles to stay on the rails, Khosla’s book is a timely reminder of what it was meant to be. -- Partha Chatterjee, author of The Black Hole of EmpireFinely written…Khosla’s work forms an important basis of the second moment of Constitutional scholarship which seeks to connect to the idea of constitution as a manifesto of social transformation. -- Suhas Palshikar * Economic & Political Weekly *Insightful…[Khosla’s] sophisticated analysis concentrates on the Assembly’s vision of a constitution that would produce a functioning democracy. -- Michael H. Fisher * Journal of Interdisciplinary History *A deep and thoughtful account of the framing of India’s Constitution. It locates the Constitution within a history of democracy, democratic ideas and democratic contestations. It is an invaluable contribution to the history of constitutionalism. -- Gautam Bhatia * Rechtsgeschichte-Legal History *
£34.81
Princeton University Press The Supreme Court and Religion in American Life
Book SynopsisOffers an analysis and interpretation of the Court's historical understanding of religion, explaining the revolutionary change that occurred in the 1940s. This book examines how a strict separation of church and state was sustained through the opinions of Jefferson and Madison, even though their views were those of the minority.Trade Review"Hitchcock's work offers timely admonition to those who are concerned about religion, politics, and society. As church and state increasingly intersect, his proposal offers a compelling way forward: to see separation as governing the relationship between religion and government and accommodation as defining the relationship between religion and culture."--Jeremiah H. Russell, Christian Social Thought "These two volumes are a wonderful gift to the scholarly enterprise of American church-state jurisprudence. They are part of a growing body of literature that is forcing many of us to revisit, either critically or sympathetically, the received understanding of the history of, and the judicial reasoning about, the religion clauses of America's First Amendment... [I]t is the sort of scholarship that for years to come will be included in the canon of works that must be addressed before one offers an alternative or complementary perspective."--Francis J. Beckwith, Journal of Church and StateTable of ContentsIntroduction to Volume 2 1 CHAPTER ONE: Original Intent 3 CHAPTER TWO: Patterns of Establishment 22 CHAPTER THREE: Pillars of a Wall 47 CHAPTER FOUR: The Faiths of the Justices 77 CHAPTER FIVE: A Fragile Wall 109 CONCLUSION 133 Notes 165 Bibliography 211 Index of Justices 245 Index of Cases 247 General Index 251
£55.25
Princeton University Press The Canon of American Legal Thought
Book SynopsisTraces the rise and evolution of a distinctly American form of legal reasoning. This book is suitable for law students and their teachers and for lawyers.Trade Review"The editors provide an introduction to each article, making the sophisticated scholarship more accessible and highlighting connections among articles whose subjects range from contracts to republican theory. While not everyone will agree with the editors' selections, Professors David Kennedy and William Fisher have undeniably performed a valuable service to scholars and students and have provided an important baseline for understanding legal thought."--Harvard Law Review "[This book] is invaluable evidence that the study of law and the distinctive arguments and claims characteristic to legal practice and academia, are worthy of study as an autonomous discipline. In an age where the legal academy is increasingly moving toward a 'law and --' model of scholarship, this weighty reminder that the law warrants its own study could not be more timely."--Aziz Huq, New York Law Journal "[W]hile this specialized and sophisticated compendium is not light summer reading, it is for the interested scholar with some legal background who wants a survey of contemporary American legal thought and the grounding to take that interest further."--George Conyne, American Studies "There is much in this compilation to admire, and it would actually make sense to make every American law professor ... read and ponder these pieces."--Stephen B. Presser, The American LawyerTable of ContentsPreface ix Introduction 1 Part I: Attacking the Old Order: 1900-1940 Oliver Wendell Holmes, "The Path of the Law," 10 Harvard Law Review 457 (1897) 19 Wesley Hohfeld, "Some Fundamental Legal Conceptions as Applied in Judicial Reasoning," 23 Yale Law Journal 16 (1913) 45 Robert Hale, "Coercion and Distribution in a Supposedly Noncoercive State," 38 Political Science Quarterly 470 (1923) 83 John Dewey, "Logical Method and Law," 10 Cornell Law Quarterly 17 (1924) 111 Karl Llewellyn, "Some Realism About Realism-Responding to Dean Pound," 44 Harvard Law Review 1222 (1931) 131 Felix Cohen, "Transcendental Nonsense and the Functional Approach," 35 Columbia Law Review 809 (1935) 163 Part II: A New Order: The Legal Process, Policy, and Principle: 1940-1960 Lon L. Fuller, "Consideration and Form," 41 Columbia Law Review 799 (1941) 207 Henry M. Hart, Jr., and Albert M. Sacks, The Legal Process: Basic Problems in the Making and Application of Law, Problem No. 1 (unpublished manuscript, 1958) 241 Herbert Wechsler, "Toward Neutral Principles of Constitutional Law," 73 Harvard Law Review 1 (1959) 311 Part III: The Emergence of Eclecticism: 1960-2000 Policy and Economics Ronald H. Coase, "The Problem of Social Cost," 3 Journal of Law and Economics 1 (1960) 353 Guido Calabresi and Douglas Melamed, "Property Rules, Liability Rules, and Inalienability: One View of the Cathedral," 85Harvard Law Review 1089 (1972) 401 The Law and Society Movement Stewart Macaulay, "Non-Contractual Relations in Business: A Preliminary Study," 28 American Sociological Review 55 (1963) 445 Marc Galanter, "Why the'Haves' Come Out Ahead: Speculations on the Limits of Legal Change," 9 Law and Society Review 95 (1974) 481 Liberalism: Interpretation and the Role of the Judge Ronald Dworkin, "Hard Cases," 88 Harvard Law Review 1057 (1975) 549 Abram Chayes, "The Role of the Judge in Public Law Litigation," 89 Harvard Law Review 1281 (1976) 603 Critical Legal Studies Duncan Kennedy, "Form and Substance in Private Law Adjudication," 88 Harvard Law Review 1685 (1976) 647 Liberalism: Legal Philosophy and Ethics Robert Cover, "Violence and the Word," 95 Yale Law Journal 1601 (1986) 733 Frank Michelman, "Law's Republic," 97 Yale Law Journal 1493 (1988) 777 Identity Politics Catharine A. MacKinnon, "Feminism, Marxism, Method, and the State: An Agenda for Theory," 7:3 Signs: Journal of Women in Culture and Society 515 (1982) 829 Catharine A. MacKinnon, "Feminism, Marxism, Method, and the State: Toward a Feminist Jurisprudence," 8 Signs: Journal of Women, Culture, and Society 635 (1983) 869 Kimberle Crenshaw, Neil Gotanda, Gary Peller, and Kendall Thomas, eds., "Introduction," Critical Race Theory: The Key Writings that Formed the Movement, The New Press, New York, 1996 at xiii-xxxii 887
£57.80
Princeton University Press War Powers
Book SynopsisArmed interventions in Libya, Haiti, Iraq, Vietnam, and Korea challenged the US president and Congress with a core question of constitutional interpretation: does the president, or Congress, have constitutional authority to take the country to war? War Powers argues that the Constitution doesn't offer a single legal answer to that question. But itsTrade ReviewWinner of the 2014 Richard E. Neustadt Award, Presidents and Executive Politics Section of the American Political Science Association "Zeisberg has written a sophisticated, painstakingly researched analysis focusing on the age-old question of the proper allocation of war powers between Congress and the president."--Choice "War Powers is an important entry into a vital substantive area where the concerns of scholars connect to real world problems that impact leaders and citizens across the globe. The author's creative and ambitious account deserves further development, defense, and elaboration, including its application to separation of powers contexts well beyond struggles over war."--Bruce Peabody, Congress and the Presidency "An ambitious new book."--Joseph Margulies, Political Science QuarterlyTable of ContentsChapter 1: Who Has Authority to Take the Country to War? 1 Chapter 2: Presidential Discretion and the Path to War: The Mexican War and World War II
£29.75
