Constitutional and administrative law: general Books

Book SynopsisIn recent years, law and religion scholarship has increasingly emphasized the need to study the interaction of legal and religious ideas and institutions, norms and practices. The overall question that this scholarship explores may be stated as follows: how do legal and religious ideas and institutions, methods and mechanisms, beliefs and believers influence each other, for better and for worse, in the past, present and future? This volume engages this area of scholarship by examining how law regulates religion, and how religion responds to such regulations. It examines underlying norms influencing state regulation of religion, and challenges emerging from such regulation. Importantly, this volume will go beyond the conventional enquiries that draw upon the Anglo-European approaches and experiences, and emphasize instead Asian perspectives in order to expand and build upon existing understandings about the complex relationship between law and religion.Trade Review'The strength of Regulating Religion in Asia lies in its detailed case studies, which show the diversity of different states' relationships with the religions in their jurisdictions. By taking a broad definition of regulation, the book goes beyond the broad constitutional idea of freedom of religion into the complex practicalities of regulating religion. In doing so, the different chapters also highlight the wide variety of political ideologies and the methods of regulating religion, which are practiced by the different states.' Helen Pausacker, Journal of Law and ReligionTable of Contentslntroduction: regulating religion in Asia: Part I. Theorizing Regulation: 1. Regulatory markers Arif A. Jamal; 2. Conceptualizing the regulation of religion Jaclyn L. Neo; 3. The role of authority and sanctity in state-religion conflicts Shai Wozner and Gilad Abiri; 4. Jurisdictional vs. official control: regulating the Buddhist Saṅgha South and Southeast Asia Ben Schontal; 5. Defining and regulating religion in early independent Indonesia Kevin Fogg; Part II. Regulating Religion: State Practice and Legal Norms: 6. Principled pluralism, relational constitutionalism and regulating religion within Singapore's secular democratic model Thio Li-ann; 7. Legal regulation of religion in Vietnam Bui Ngoc Son; 8. Regulating Buddhism in Myanmar: the case of deviant Buddhist sects Nyi Nyi Kyaw; 9. The bureaucratization of religious education in the Islamic Republic of Iran Mirjam Künkler; 10. Managing religious competition in China: case study of regulating social and charitable service provisions by religious organizations Jianlin Chen and Loveday J. Liu; Part III. Challenges to State Regulation: 11. Regulating religion through administrative law: religious conversion in Malaysia beyond fundamental rights Matthew Nelson and Dian Shah; 12. Legal pluralism, patronage secularism and the challenge of prophetic Christianity in Singapore Daniel Goh; 13. Equality in secularism: contemporary debates on social stratification and the Indian constitution Mohsin Alam; 14. Regulating the state and the Hawza: legal pluralism and the ironies of Shi'i law Haider Hamoudi.

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Book SynopsisIn every era of communications technology - whether print, radio, television, or Internet - some form of government censorship follows to regulate the medium and its messages. Today we are seeing the phenomenon of ''machine speech'' enhanced by the development of sophisticated artificial intelligence. Ronald K. L. Collins and David M. Skover argue that the First Amendment must provide defenses and justifications for covering and protecting robotic expression. It is irrelevant that a robot is not human and cannot have intentions; what matters is that a human experiences robotic speech as meaningful. This is the constitutional recognition of ''intentionless free speech'' at the interface of the robot and receiver. Robotica is the first book to develop the legal arguments for these purposes. Aimed at law and communication scholars, lawyers, and free speech activists, this work explores important new problems and solutions at the interface of law and technology.Trade Review'Collins and Skover have long been among the finest minds focused on free expression in America. In this remarkable book, they now turn insightfully to an incredibly complex and timely issue associated with 'robotic expression': how should the First Amendment handle contests involving regulation of 'robot speech' as artificial intelligence grows rapidly in prominence? This book conveys their deep knowledge - and the knowledge of other noted scholars - of the history, law, and technology that inform the way we should think about this emerging field of constitutional inquiry.' John Palfrey, Head of School at Phillips Academy, Massachusetts; former Executive Director of the Berkman Center for Internet and Society, Harvard University, Massachusetts; and author of Born Digital'Collins and Skover have produced a wonderfully readable, thorough, and insightful exploration of the intersection of technology and free speech theory, from the beginning of time well into the future. If any current scholarly work of free speech theory survives into the next century, it will undoubtedly be this book.' Martin Redish, Louis and Harriet Ancel Professor of Law and Public Policy, Northwestern University Law School, Illinois, and author of The Adversary First Amendment: Free Expression and the Foundations of American DemocracyTable of ContentsThe thesis; Ronald Collins and David Skover; Prologue: technology and communication; 1. The progress and perils of communication; 2. Robots and their receivers; 3. The new norm of utility; Epilogue: from Areopagitica to Robotica; The commentaries; Robotica in context: an introduction to the commentaries Ryan Calo; The age of sensorship Jane Bambauer; Speech in, speech out James Grimmelmann; An old libel lawyer confronts Robotica's brave new world Bruce E. H. Johnson; What's old is new again (and vice-versa) Helen Norton; Reply Ronald Collins and David Skover; Robotica refined.

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Book SynopsisWhen data from all aspects of our lives can be relevant to our health - from our habits at the grocery store and our Google searches to our FitBit data and our medical records - can we really differentiate between big data and health big data? Will health big data be used for good, such as to improve drug safety, or ill, as in insurance discrimination? Will it disrupt health care (and the health care system) as we know it? Will it be possible to protect our health privacy? What barriers will there be to collecting and utilizing health big data? What role should law play, and what ethical concerns may arise? This timely, groundbreaking volume explores these questions and more from a variety of perspectives, examining how law promotes or discourages the use of big data in the health care sphere, and also what we can learn from other sectors.Table of ContentsIntroduction Effy Vayena, Urs Gasser, I. Glenn Cohen and Holly Fernandez Lynch; Part I. Shifting Paradigms: Big Data's Impact on Health Law and Bioethics: Introduction Urs Gasser; 1. Big data and individual autonomy in a crowd Barbara J. Evans; 2. Big data's epistemology and its implications for precision medicine and privacy Jeffrey M. Skopek; 3. Correlation vs. causation in health-related big data analysis: the role of reason and regulation Tal Z. Zarsky; 4. Big data and regulatory arbitrage in healthcare Nicolas P. Terry; Part II. Overcoming the Downsides of Big Data: Introduction I. Glenn Cohen; 5. The future of pharmacovigilance: big data and the False Claims Act Efthimios Parasidis; 6. Big data's new discrimination threats: amending the Americans with Disabilities Act to cover discrimination based on data-driven predictions of future disease Sharona Hoffman; 7. Who's left out of big data? How big data collection, analysis, and use neglects populations most in need of medical and public health research and interventions Sarah E. Malanga, Jonathan D. Loe, Christopher T. Robertson and Kenneth S. Ramos; 8. Potential roadblocks in health care big data collection: Gobeille v. Liberty Mutual, ERISA, and all-payer claims databases Carmel Shachar, Aaron S. Kesselheim, Gregory Curfman and Ameet Sarpatwari; Part III. The Internet of Things (IoT) and Health Big Data: Introduction Nathan Cortez; 9. Avoiding over-regulation in the medical internet of Things Dov Greenbaum; 10. Data policy for internet of things health care devices: aligning patient, industry, and privacy goals in the age of big data Marcus Comiter; Part IV. Protecting Health Privacy in the World of Big Data: Introduction Effy Vayena; 11. Thought leader perspectives on risks in precision medicine research Laura M. Beskow, Catherine M. Hammack, Kathleen M. Brelsford and Kevin C. McKenna; 12. From individual to group privacy in biomedical big data Brent Mittelstadt; 13. Big data and informed consent: the case of estimated data Donna M. Gitter; Part V. Oversight of Big Data Health Research: Proposals for Improvement: Introduction Holly Fernandez Lynch; 14. Is there a duty to share health care data? I. Glenn Cohen; 15. Societal lapses in protecting individual privacy, the common rule, and big data health research Laura Odwazny; 16. The common rule and research with data, big and small Liza Dawson; 17. Big data, HIPAA and the common rule: time for big change? Margaret Foster Riley; Part VI. Big Data, FDA, and Liability Considerations: Introduction Jerry Avorn; 18. Data sharing that enables post-approval drug and device research and protects patient privacy: best practice recommendations Ameet Sarpatwari, Bradley A. Malin, Aaron S. Kesselheim, Joshua J. Gagne, Sebastian Schneeweiss; 19. Big data and human medical judgment: regulating next generation clinical decision support Jeffrey M. Senger and Patrick O'Leary; 20. Medical malpractice and black-box medicine W. Nicholson Price II; Part VII. Calibrating Intellectual Property Rights for Health Big Data: Introduction Rachel E. Sachs; 21. Big data and intellectual property rights in the health and life sciences Timo Minssen and Justin Pierce; 22. The pathologies of data-generating patents Ted Sichelman and Brenda M. Simon; Epilogue: professional cooperation and rivalry in the future of data-driven healthcare Frank Pasquale.

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Book SynopsisThis book proposes a new institutional constructivist model, for social scientific and legal enquiries, based on the interrelations within the social and political world and the application of change in EU laws and politics. Much of the research conducted in social sciences and law examines the diverse activities of individuals and collectivities and the role of institutions in the social and political world. Although there exist many vantage points from which one can gain entry into understanding how agents in the world act, interact, shape and bear the world, socio-legal scientific epistemology has found monism and dualism to be convincing models. This book argues that current models do not capture the complexity of our micro-worlds, macro-worlds and meso-worlds. Nor can they account for the forms and patterns of socio-legal change. Mind, time and change are brought together in an attempt to contribute to socio-legal epistemology and to enhance its toolkit.Trade Review'This book proposes an institutional constructivist model for social scientific and legal inquiries, based on the interrelations within the social and political world and the application of change in EU laws and politics.' Law & Social InquiryTable of ContentsIntroduction: on schemata: constructing theories and explanations; Part I. Theory Perspectives and Connexio Rerum: 1. On the methodology of social sciences: the case for connexio rerum; 2. Constructivisms and institutional constructivism; 3. Theorising institutional change: a dynamic theory of process; 4. Ideas, norms and European citizenship; Part II. Applied Aspects of Institutional Constructivism: 5. Co-creating European Union citizenship: institutional process and crescive norms; 6. From law, policies and norms to European integration: supranationalism contested; Conclusion: time and understanding in socio-legal research.

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Book SynopsisIt is a settled rule of international law that a State may not rely on the provisions of its ''internal law'' as justification for failing to comply with international obligations. However, the judiciaries of most countries, including those with a high record of compliance with international norms, have increasingly felt the need to preserve the area of fundamental principles, where the State''s inclination to retain full sovereignty seems to act as an unbreakable ''counter-limit'' to the limitations deriving from international law. This volume explores this trend by adopting a comparative perspective, addressing the question of how conflicts between international law and national fundamental principles are dealt with and resolved within a specific legal system. The contributing authors identify common tendencies and fundamental differences in the approaches and evaluate the implications of this practice for the future of the principle of supremacy of international law.Table of Contents1. Introduction Fulvio Maria Palombino; 2. Brasil Paula Almeida; 3. Canada Stéphane Beaulac; 4. China Pierfrancesco Rossi; 5. France Raphaële Rivier; 6. Germany Niels Petersen; 7. Greece Mariela Apostolaki and Antonios Tzanakopoulos; 8. India Vinai Singh; 9. Indonesia Simon Butt; 10. Israel Yuval Shany; 11. Italy Daniele Amoroso; 12. Japan Hajime Yamamoto and Yota Negishi; 13. Mexico Francisca Pou Giménez and Alejandro Rodiles; 14. Netherlands André Nollkaemper and Rosanne van Alebeek; 15. Nigeria Babafemi Akinrinade; 16. Russia Maria Smirnova; 17. South Africa Hannah Woolaver; 18. Turkey Ikboljon Qoraboyev and Emre Turkut; 19. United Kingdom Eirik Bjorge and Ewan Smith; 20. United States David Sloss; 21. Conclusions Fulvio Maria Palombino.

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Book SynopsisExplores the effects in theory and in practice of recent foreign inspired legal reforms in East Asia and Oceania. It provides a unique overview of the variety of methodologies that are conducive to a successful legal transplant.Trade Review'The range and depth of the analysis make the book a must-read for comparative law scholars and students all over the world.' Patrícia Jerónimo, I-CONnect Blog (http://www.iconnectblog.com/)Table of ContentsIntroduction Vito Breda; 1. The legal transplants debate: getting beyond the impasse? Andrew Harding; 2. Transplant shock: the hazards of introducing statutes of general application Jennifer Corrin; 3. Bentham's theory of legal transplants and his influence in Japan Michihiro Kaino; 4. On the Hardingian renovation of legal transplants Benjamen Gussen; 5. The incomplete legal transplant – good faith and the common law Anthony Gray; 6. How long is too long to determine the success of a legal transplant? International doctrines and contract law in Oceania Jessica Viven-Wilksch; 7. Proportionality in Australian public law Hoong Phun Lee and Colin Campbell; 8. Legal transfer and 'hybrid' international commercial dispute resolution procedures: lessons from the Singapore International Commercial Court Drossos Stamboulakis; 9. The Independent Lawyers' Association of Myanmar as a legal transplant: local challenges to the idea of an Independent National Bar Association Jonathan Liljeblad; 10. Shark sanctuaries as vehicles for transplanting conservation tools in disparate legal jurisdictions Erika Techera; 11. Global norms; Local resistance: addressing impunity in Japan and beyond Sophia O'Brien; 12. Legal transplants, temporary migration projects and special rights Tiziana Torresi; 13. Conclusion Vito Breda.

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Book SynopsisConstitutional political economy has emerged as an indispensable part of political economy. This book offers a concise survey of the questions, methods, and empirical findings central to this topic. What effects if any do constitutions have within autocracies? Can small electoral districts help reduce corruption? Does a country''s leadership affect the size of its government? Can direct democratic institutions increase politicians'' accountability to citizens? Stefan Voigt, a pioneer in the field, explores these questions and more throughout the course of this cutting-edge primer. As the number of courses in constitutional economics continues to grow, this book fills an important gap in the literature. This highly original project maintains curiosity about the questions it generates, identifying potential new areas of research whilst successfully demonstrating the impact constitutional rules have on political economy.Trade Review'Over the last 30 years or so, 'constitutional political economy' has emerged as an important branch of political economy, or more broadly political science and economics. This Primer presents a comprehensive survey of the diverse literatures that are relevant for the field. Although primarily designed for use in the classroom, it provides an excellent introduction to the field for scholars unfamiliar with this literature. Moreover, Stefan Voigt surveys such a vast number of relevant contributions that even scholars working within the field will discover works with which they were unfamiliar.' Dennis Mueller, Emeritus Professor of Economics, University of Vienna'This volume by one of the masters of constitutional political economy is the perfect introduction to this important line of research. It combines a state-of-the-art summary of current debates with clear, accessible writing. Highly recommended for those new to the field, but also essential reading for those who've worked in it as well.' Tom Ginsburg, Leo Spitz Professor of International Law and Professor of Political Science, University of Chicago'What happens when the toolkit of political economy is applied to the study of constitutional rules? The result is constitutional economics—a field that legal scholars and social scientists alike should get to know, because they will be hearing a lot more about it for years to come. And one could not ask for a clearer or more knowledgeable overview of this burgeoning field than this elegant volume by Stefan Voigt. Newcomers and advanced readers alike will benefit from its concise, candid, and critical evaluation of both the existing literature and the work that remains to be done.' David Law, Chancellor's Professor, University of California, Irvine'Comprehensiveness combined with successful brevity makes the book a valuable reference volume. An important contribution of the book is to point out studies that qualify or contradict results of past studies that have been given prominence and may have come to be regarded as having provided definitive answers to important questions. The book is suitable for researchers who want a succinct introductory overview as well as for researchers in the field who want to ensure that they have not missed essential questions and contributions.' Arye L. Hillman, Public ChoiceTable of ContentsIntroduction; 1. Conceptual Foundations; 2. Democracy vs. Autocracy; 3. Positive Constitutional Economics; 4. Conclusions – and Possible Future Issues; Appendix 1. Coding Countries According to Two Governance Scores; Appendix 2. Empirical Results at a Glance: Constitutional Rules as Explanatory Variables, Cross-Country Results Unless Otherwise Noted

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Book SynopsisThis book brings together research on democratization processes and constitutional justice by examining the role of three generations of European constitutional courts in the transitions to democracy that took place in Europe in the twentieth century. Using a comparative perspective, the author examines how the constitutional courts during that period managed to ensure an initial full implementation of the constitutional provisions, thus contributing - together with other actors and factors - to the positive outcome of the democratization processes. European Constitutional Courts and Transitions to Democracy provides a better understanding of the relationship between transitions to democracy and constitutionalism from the perspective of constitutional courts.Trade Review'Biagi has produced a masterpiece of comparative law. His methodologically careful, crisply analytic study of constitutional courts in Europe deepens our understanding of the role of judicial review in democratic transition. He shows how courts transform politics while securing constitutional democracy.' Tom Ginsburg, Leo Spitz Professor of International Law, University of Chicago'Francesco Biagi has written an important book on the role of constitutional courts in transitions to democracy. The literature on the subject is abundant, but Biagi's book stands out because of its unique combination of an historical and interdisciplinary approach to highlight legal landmarks and substantive democratic achievements. His account of three generations of transitions is highly rewarding as it affords a wealth of both retrospective and prospective insights.' Michel Rosenfeld, Yeshiva UniversityTable of Contents1. Democratic transitions and constitutional courts; 2. The first generation: the case of the Italian Constitutional Court; 3. The second generation: the case of the Spanish Constitutional Court; 4. The third generation: the case of the Constitutional Court of the Czech Republic; 5. Comparing three generations; Bibliography; Index.

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Book SynopsisFrom Parchment to Practice explores the set of problems that arise when a new constitution has been adopted. All new constitutions must manage a balance or tension between two forces: aspirations for social and political transformation on the one hand and demands for preservation of old interests and institutions on the other. The period following the initial adoption of a new constitution, is the conceptual, temporal, and institutional bridge between the past and future. It is the moment when the transformative and the preservative forces in constitutional design can come into the sharpest conflict. Through a series of case studies, this volume analyzes the variable nature of these type of conflicts - and the diverse means through which they are mediated, whether successfully or not.Trade Review'Highly recommended. Lower- and upper-division undergraduates. Graduate students, faculty, and professionals.' E. C. Sands, ChoiceTable of Contents1. Introduction. The first-period problem of constitutional implementation Tom Ginsburg and Aziz Z. Huq; Part I. The Problem of Transformation in Constitutional Design: 2. Looking 'backward' or 'forward' to American constitutional development: reflections on constitutional 'endurance' and 'adaptation' in the 'First Republic' Sanford Levinson; 3. Marking constitutional transitions: the law and politics of constitutional implementation in South Africa Rosalind Dixon and Theunis Roux; 4. India's first period: constitutional doctrine and constitutional stability Madhav Khosla; 5. Two steps 'forward', one step 'back'? Transformation and correction in the implementation of Ecuador's 2008 constitution Eric Alston; Part II. The Issue of Gender: 6. The long road ahead: the first period of a gender-responsive constitution in Zimbabwe Claudia Flores; 7. Constitutional reform and women's political participation: electoral gender quotas in post-Arab Spring Egypt, Tunisia, and Jordan Susan H. Williams; Part III. Institutional Development and the Role of Courts: 8. Explaining the institutional role of the Colombian Constitutional Court Diego González; 9. Implementing a new constitution in a competitive authoritarian context: the case of Kenya James Thuo Gathii; Part IV. Authoritarian Transitions: 10. Transformational authoritarian constitutions: the case of Chile Tom Ginsburg; 11. Authoritarian straitjacket or vehicle for democratic transition?: the risky struggle to change Myanmar's constitution Melissa Crouch; 12. The Ethiopian constitution and ethnic federalism Daniel Abebe.

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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.

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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.

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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

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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

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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.

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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.

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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.

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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.

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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)

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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

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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

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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 *

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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

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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

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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

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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

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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

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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

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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)

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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

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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

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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

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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

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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

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