Constitutional and administrative law: general Books

Book SynopsisThe scope of presidential authority has been a constant focus of constitutional dispute since the Framing. The bases for presidential appointment and removal, the responsibility of the Executive to choose between the will of Congress and the President, the extent of unitary powers over the military, even the ability of the President to keep secret the identity of those consulted in policy making decisions have all been the subject of intense controversy. The scope of that power and the manner of its exercise affect not only the actions of the President and the White House staff, but also all staff employed by the executive agencies. There is a clear need to examine the law of the entire executive branch.The Law of the Executive Branch: Presidential Power, places the law of the executive branch firmly in the context of constitutional language, framers'' intent, and more than two centuries of practice. In this book, Louis Fisher strives to separate legitimate from illegitimate sources of power, through analysis that is informed by litigation as well as shaped by presidential initiatives, statutory policy, judicial interpretations, and public and international pressures. Each provision of the US Constitution is analyzed to reveal its contemporary meaning in concert with the application of presidential power. Controversial issues covered in the book include: unilateral presidential wars; the state secrets privilege; extraordinary rendition; claims of inherent presidential powers that may not be checked by other branches; and executive privilege.Trade ReviewLouis Fisher's work has for many years been indispensable to me while I served in Congress. His superb scholarship on the separation of powers and the encroachment of the imperial presidency will be ever more valued when the history of our era is written. With the publication of The Law of the Executive Branch: Presidential Power, Dr. Fisher makes an enormous contribution to the study of the presidency. The book is a masterwork of scholarship, a remarkable milestone in a remarkable career. We all owe him an enormous debt of gratitude." -Ron Paul, M.D., former Member, US House of RepresentativesThis is a book that all of us wish we could have written, but it is a feat that only Louis Fisher, with his experience not only in testifying on the laws and practices governing the executive but in drafting some of them as well, could have accomplished. It is filled with authoritative accounts of how constitutional law is made - not only by courts, but also by Congress and the Executive. It provides a long-needed rejoinder to the arguments of what Corwin referred to as 'the high-flying prerogative men.' Students, scholars and legal counsel will find this an indispensable volume." -Richard M. Pious, Adolph and Effie Ochs Professor, Barnard College, Graduate School of Arts and Sciences, Columbia UniversityLouis Fisher is the dean of presidential scholars. His work is known and admired throughout the world. No one has done more to remind Americans that the Constitution is about legitimacy as well as power, that law is much more than what politicians cannot get away with, and that the Constitution does not just belong to judges. Fisher has not only educated generations about major constitutional issues through his award-winning writing; he has anticipated crucial debates with ground-breaking scholarship and has done so with remarkable balance, integrity, clarity, and grace. This book is a must read." -Christopher H. Pyle, Professor, Mount Holyoke CollegeIn all of American law, history, and politics, no one is more well qualified to write this unprecedented, authoritative, and utterly exhaustive volume than Louis Fisher. Not only should this book sit on the desks of lawyers, executive branch officials, presidency scholars, and in the Oval Office, but it should be the pre-requisite for any future presidency scholarship - not because our understanding of the presidency ends with this book, but because it must begin with it. Fisher is the Edward Corwin of our day, and as long as there is an America, this will be his immortal volume." -Robert J. Spitzer, Distinguished Service Professor and Chair of Political Science, SUNY CortlandLou Fisher's deeply learned and masterful analysis of presidential power and the Constitution illuminates history, law, and contemporary debate. The Law of the Executive Branch: Presidential Power is a magnificent, meticulously researched scholarly exploration of a timely subject that has stirred controversy since the founding, and it will be universally heralded as an instant classic." -David Gray Adler, Cecil D. Andrus Professor of Public Affairs, Boise State University, Director of The Andrus Center for Public PolicyLou Fisher's The Law of the Executive Branch: Presidential Power is must reading for anyone who is interested in our constitutional system. Fisher brings a wealth of experience and understanding about the Framers' design and how it has evolved over time. In many important areas that have been debated since the founding - such as the war powers, executive privilege and claims of inherent presidential power - Fisher provides encyclopedic analyses of how the Executive has been changed from a subordinate constitutional branch that carries out policies made by Congress into the most powerful branch of the government." -Robert J. Reinstein, Clifford Scott Green Professor of Law, Temple University, Beasley School of LawLou Fisher is an intellectual giant among constitutional scholars who has consulted with all three branches on separation of powers issues. In The Law of the Executive Branch, Fisher draws on nearly a half century of his scholarship based in original documents, precedent, and historical analysis while highlighting the legal controversies surrounding each constitutional provision related to presidential power. This authoritative analysis provides a major intellectual benchmark that will inform and inspire present and future constitutional scholars." -James P. Pfiffner, George Mason UniversityLouis Fisher's The Law of the Executive Branch is an enormous contribution. For the first time, it presents in one place a complete, accessible account of the constitutional text, history and practice of presidential power in the United States. In the tradition of the best academic work, it presents a wealth of facts and arguments fairly and dispassionately, yet with insightful commentary and observations reflecting the author's long engagement with the topic. The book will surely become the leading reference in the field and an essential item on the shelf of scholars and practitioners of presidential power." -Michael D. Ramsey, Professor of Law, University of San Diego Law SchoolFor constitutional scholars, the publication of a new book by Lou Fisher is cause for celebration. In The Law of the Executive Branch: Presidential Power, Fisher covers the field, demonstrating his expertise in an incredible number of diverse areas. By providing ready access to primary materials, the book allows readers to reach their own judgments about the appropriate scope of presidential power. Like the framers of the Constitution, Fisher rejects dogma, pragmatically exposing all claims about presidential power to the light of experience in the real world. This book will be an essential, invaluable resource for scholars, students, legislators, judges, and executive branch officials." -Chris Edelson, Assistant Professor of Government, American University, School of Public AffairsThey could not have picked a more ideal subject-author combination to launch such a project. Professor Fisher enjoys unparalleled status as an acclaimed national expert on questions of separation of powers, in general, and on presidential authority, in particular. Given the author's background, this particular offering in the Oxford Commentaries on American Law series fulfills an important and pressing need. No significant topic in the law of the executive branch goes uncommented on in this volume's 400-plus pages of case analysis and commentaries." -David Yalof, University of Connecticut, Congress & the PresidencyTable of ContentsPreface to the Paperback Edition ; Preface to the Hardcover Edition ; Acknowledgments ; Note on Citations ; Chapter 1 ; Fundamental Concepts ; Chapter 2 ; Election and Removal of the President ; Chapter 3 ; The Powers of the President ; Chapter 4 ; The President and Congress ; Chapter 5 ; Vetoes and Access to Information ; Chapter 6 ; Budgetary Duties ; Chapter 7 ; Foreign Affairs ; Chapter 8 ; War Powers ; Chapter 9 ; The President and the Judiciary ; Conclusions ; About the Author ; Index of Cases ; Index of Subjects

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Book SynopsisExploring Law''s Empire is a collection of essays examining the work of Ronald Dworkin in the philosophy of law and constitutionalism. A group of leading legal theorists develop, defend and critique the major areas of Dworkin''s work, including his criticism of legal positivism, his theory of law as integrity, and his work on constitutional theory.The volume concludes with a lengthy response to the essays by Dworkin himself, which develops and clarifies many of his positions on the central questions of legal and constitutional theory. The volume represents an ideal companion for students and scholars embarking on a study of Dworkin''s work.Table of ContentsIntroduction: The International Constitutional Judge ; 1. Should Constitutional Judges Be Philosophers? ; 2. The Place of History and Philosophy in the Moral Reading of the American Constitution ; 3. How Constitutional Theory Found its Soul: The Contributions of Ronald Dworkin ; 4. Coherence, Hypothetical Cases, and Precedent ; 5. Integrity and Stare Decisis ; 6. The Many Faces of Political Integrity ; 7. Did Dworkin Ever Answer the Crits? ; 8. Associative Obligations and the Obligation to Obey the Law ; 9. Law's Aims in Law's Empire ; 10. How Facts Make Law ; 11. Hartian Positivism and Normative Facts: How Facts Make Law II ; Response

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Book SynopsisShedding new light on the foundations of European competition law, this volume is a legal and historical study of the emerging law and its evolution through the 1980s. It retraces the development and critical junctures of competition law not only at the level of the European Economic Community but also at the level of major Member States of the EEC. Intensely researched and rich with insights, the chapters in this volume reflect a close collaboration among an expert group of lawyers and historians and capitalize on previously unavailable source materials. The book examines several key themes including: the influence of national and international competition law on the development of EEC competition law; the drafting of the regulations that lead to the development of modern EU competition law; the role of the European Court of Justice in establishing the protection of competition as a central pillar of the Common Market; the internal dynamics, ideologies and tensions within the Competition Directorate General (DG IV) of the European Commission; and the role of industrial policy in European integration.Combining legal analysis with a meticulous excavation of historical evidence to reveal the forces driving key actors and the interactions among them, this volume rediscovers a past largely forgotten but essential to understanding the genesis of competition law in Europe, its role in Europe''s construction, its hybrid institutional traits, and its often unique substance.Table of ContentsIntroduction ; 1. Recent Reforms of EU Competition Law and their Historical Foundations ; 2. The Evolution of the Law on Art 81 and Art 82: Ordoliberalism and its Keynesian Challenge ; 3. The Drafting and the Role of Regulation 17: A Fragile Balance ; 4. National Traditions of Competition Law: Europeanization through Convergence? ; 5. American Influences on EU Competition Law: Two Paths, How Much Dependence? ; 6. Competition Law and Industrial Policy: Imperfect Harmony ; 7. Towards a Concept of a Workable European Competition Law: Revisiting the Formative Period

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Book SynopsisTom Bingham (1933-2010) was the ''greatest judge of our time'' (The Guardian), a towering figure in modern British public life who championed the rule of law and human rights inside and outside the courtroom. Lives of the Law collects Bingham''s most important later writings, in which he brings his distinctive, engaging style to tell the story of the diverse lives of the law: its life in government, in business, and in human wrongdoing.Following on from The Business of Judging (2000), the papers collected here tackle some of the major debates in British public life over the last decade, from reforming the constitution to the growth of human rights law. They offer Bingham''s distinctive insight on issues such as the role of the judiciary in a democracy, the implementation of the Human Rights Act, and the development of the rule of law, in the UK and internationally.Written in the accessible style that made The Rule of Law (2010) a popular success, the book will be essential reading for Trade ReviewThis monograph is an original insight into the doctrine of margin of appreciation. It will probably have some considerable impact on academic writing in the area of human rights adjudication. * Kanstantsin Dzehtsiarou, Legal Studies *Few will dispute that Lord Bingham was one fo the most prolific and articulate members of the senior judiciary before his retirement and his untimely death just a few years ago. It is entirely fitting therefore that his extra-judicial writings should be brought together in collections such as this one, which reveal both his deep learning and his passion for the rule of law. * The Commonwealth Lawyer, Vol. 21, No. 2 *The value of this publication is to provide a modern-day exposition of the best thinking behind recent constitutional changes. * Geoffrey Robertson, NewStatesman *Table of ContentsForeword ; I. THE CONSTITUTION AND THE RULE OF LAW ; LOOKING BACKWARD ; 1. Magna Carta ; 2. The Alabama Claims and the International Rule of Law ; 3. Dicey Revisited ; 4. The Evolving Constitution ; 5. The Old Order Changeth ; LOOKING FORWARD ; 6. A Written Constitution? ; 7. The Future of the House of Lords ; II. THE BUSINESS OF JUDGING ; 8. The Judges: Active or Passive? ; 9. Government and Judges: Friends or Enemies? ; 10. The Highest Court in the Land ; III. HUMAN RIGHTS AND HUMAN WRONGS ; 11. The Human Rights Act: The View from the Bench ; 12. Personal Freedom and the Dilemma of Democracies ; 13. Habeas Corpus ; 14. 'The Law Favours Liberty': Slavery and the English Common Law ; 15. I Beg Your Pardon ; IV. THE COMMON LAW ; 16. From Servant to Employee: A Study of the Common Law in Action ; 17. A Duty of Care: The Uses of Tort ; 18. The Law as the Handmaiden of Commerce ; 19. A New Thing under the Sun?: The Interpretation of Contracts and the ICS Decision ; 20. The Internationalization of the Common Law ; V. LIVES OF THE LAW ; 21. Dr Johnson and the Law ; 22. Mr Bentham is Present

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Book SynopsisThis third volume about legal interpretation focuses on the interpretation of a constitution, most specifically that of the United States of America. In what may be unique, it combines a generalized account of various claims and possibilities with an examination of major domains of American constitutional law. This demonstrates convincingly that the book''s major themes not only can be supported by individual examples, but are undeniably in accord with the continuing practice of the United States Supreme Court over time, and cannot be dismissed as misguided.The book''s central thesis is that strategies of constitutional interpretation cannot be simple, that judges must take account of multiple factors not systematically reducible to any clear ordering. For any constitution that lasts over centuries and is hard to amend, original understanding cannot be completely determinative. To discern what that is, both how informed readers grasped a provision and what were the enactors'' aims mattTable of ContentsTable of Contents ; Preface ; Part I: General Themes ; Chapter 1: The Nature of Constitutions: Basic Questions about Their Interpretation ; Chapter 2: Multiple Interpretive Criteria ; Chapter 3: Original Understanding: What Is Relevant and How Much Does It Count? ; Chapter 4: Employing Multiple Standards ; Chapter 5: Neutral Principles or <"Objective>" Standards: Their Relevance and Attainability ; Part II: A Poignant Illustration ; Chapter 6: Cruel and Unusual Punishment ; Part III: Allocations of Powers ; Chapter 7: Federal Separation of Powers ; Chapter 8: Federal Powers ; Part IV: Individual Rights and Norms of Equality ; Chapter 9: Freedom of Speech and the Press ; Chapter 10: The Religion Clauses ; Chapter 11: Criminal Process: The Right to Counsel, Unreasonable Searches and Seizures, and the Privilege against Self-Incrimination ; Chapter 12: Equal Protection ; Conclusion

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Book SynopsisIn 1997, a Mexican national named Jose Ernesto Medellin was sentenced to death for raping and murdering two teenage girls in Texas. In 2004, the International Court of Justice ruled that he was entitled to a appellate review of his sentence since the arresting officers had not informed him of his right to seek assistance from the Mexican consulate prior to trial, as prescribed by a treaty ratified by Congress in 1963. In 2008, amid fierce controversy, the U.S. Supreme Court declared that the international ruling had no weight. Medellin subsequently was executed. As Julian Ku and John Yoo show in Taming Globalization, the Medellin case only hints at the legal complications that will embroil American courts in the twenty-first century. Like Medellin, tens of millions of foreign citizens live in the United States; and like the International Court of Justice, dozens of international institutions cast a legal net across the globe, from border commissions to the World Trade Organization. Ku and Yoo argue that all this presents an unavoidable challenge to American constitutional law, particularly the separation of powers between the branches of federal government and between Washington and the states. To reconcile the demands of globalization with a traditional, formal constitutional structure, they write, we must re-conceptualize the Constitution, as Americans did in the early twentieth century, when faced with nationalization. They identify three mediating devices we must embrace: non-self-execution of treaties, recognition of the President''s power to terminate international agreements and interpret international law, and a reliance on state implementation of international law and agreements. These devices will help us avoid constitutional difficulties while still gaining the benefits of international cooperation.Written by a leading advocate of executive power and a fellow Constitutional scholar, Taming Globalization promises to spark widespread debate.Trade Review"This splendid book gives a comprehensive statement of a jurisprudence of democratic constitutional sovereignty in the United States, even in a globalizing world, against liberal internationalism and its efforts to rewrite American law as a regulatory sub-branch of globalization. It goes well beyond a re-statement of democratic sovereignty, however, to offer new arguments that are sure to be debated sharply among foreign relations and federalism scholars of all kinds, a vigorously argued claim of the role of individual states in implementing and interpreting international law." --Ken Anderson, Professor of Law, American University "In their provocative new book, John Yoo and Julian Ku vigorously defend the primacy of the U.S. Constitution in every area of globalization-trade, treaties and more. Yes, the U.S. often must cooperate with other countries to tackle global problems but it must do so in line with Constitutional principles. Their arguments are compelling, their prose is vigorous, and their analysis is often surprising." --Melanie Kirkpatrick, Senior Fellow, Hudson Institute, and former deputy editorial page editor, The Wall Street Journal. "With nuance and clarity, John Yoo and Julian Ku develop ideas about how domestic U.S. actors can account for international law in a way that is consistent with popular sovereignty under the Constitution. This should be essential reading for senators and their staffers who have to consider whether to ratify treaties only if they are non-self-executing, for judges and their clerks who have to choose when to refer to foreign laws and when not to do so, and for officials who have to decide when to obey or disobey customary international law. This book stands to shift debates among scholars from tired fights about whether or not international law is really 'law' to more a useful discussion about what decisionmakers ought to do in pressing international legal problems." --Tai-Heng Cheng, Professor of Law and Co-Director, Institute for Global Law, Justice, & Policy at New York Law School "The book offers a strong critique of transnationalist claims and advances a defense of US constitutional and political sovereignty...the book provides a carefully constructed argument." --CHOICE, M.F. Cairo, Transylvania UniversityTable of ContentsPreface ; Foreword ; Introduction ; Chapter 1: Globalization and the Constitution ; Chapter 2: Globalization and Sovereignty ; Chapter 3: Globalization and Structure ; Chapter 4: Non-Self-Execution ; Chapter 5: Presidents and Customary International Law ; Chapter 6: Globalization and Constitutional Controversy ; Chapter 7: Foreign Law and the Constitution ; Conclusions

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Book SynopsisPresents a fundamental reconsideration of modern American administrative law, which, says Edley, is largely a failure. He discusses why and how this is so and argues that courts should abandon their guiding principle of applying legal doctrines to control the discretion of unelected bureaucrats.Table of ContentsPart 1 The structure of administrative law: introduction - the discretion problem and the continuing importance of separation of powers theory; an expository essay - the trichotomy of politics, science and adjudicatory fairness; the trichotomy's conceptual failings; scope of judicial review. Part 2 Reconstructing administrative law: unsuccessful remedies for the futility of administrative law; a constructive essay - "harder-look" review; a speculative essay - from trichotomy to trio - and sound governance review.

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Book SynopsisUnder the banner of the Fourth, Fifth and Sixth Amendments, the Supreme Court of America has constitutionalized vast areas of criminal procedure law in ways that often reward the guilty whilst hurting the innocent. This book reconceptualizes the basic foundations of the criminal procedure field.

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Trade Review"There is very little analytic research in any language on the nature of Chinese contracts and their use in daily life. Hansen shows the impact of contracts and contractual thinking on all aspects of Chinese society, and she demonstrates how the attitudes of the state toward contracts changed from neglect and even aversion to increasing involvement. This is a valuable and eminently readable contribution to the field."—Barend J. ter Haar, University of Heidelberg

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Book SynopsisWritten in Lord Denning''s familiar vivid, staccato style, Landmarks in the Law discusses cases and characters whose names will be known to all readers, grouped together under headings such as High Treason, Freedom of the Press, and Murder. Thus, for example, the chapter on High Treason tells the stories of Sir Walter Raleigh, Sir Roger Casement, and William Joyce - three very different cases, the first occurring nearly 350 years before the last, but each one raising constitutional issues of the greatest importance.Table of ContentsPART ONE. ; High Treason ; PART TWO. ; Torture and Bribery ; PART THREE. ; The Chancellor's Foot ; PART FOUR. ; Martyrdom ; PART FIVE. ; Freedom of Assembly ; PART SIX. ; Matrimonial Affairs ; PART SEVEN. ; Freedom of the Individual ; PART EIGHT. ; International Terrorism ; PART NINE. ; General Warrants ; PART TEN. ; Freedom of the Press ; PART ELEVEN. ; Persecution ; PART TWELVE. ; Murder ; PART THIRTEEN. ; My Most Important Case ; Epilogue ; Index

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Book SynopsisAn original and innovative recasting of constitutionalism, written by acknowledged experts in the field, this empirically grounded and theoretically informed volume addresses the strategies and philosophies that judges and lawyers bring to bear when creating European constitutional jurisprudence; investigating and promoting promotes the sustainability of a theory or praxis of procedural' constitutionalism.Building upon European and American critical legal scholarship, Michelle Everson and Julia Eisner argue that constitutional adjudication has never been the neutral matter of a mere judicial identification' of the values, norms and procedures that each society seeks to concretise in its own body of constitutional law. Instead, a mythology' of comprehensive national constitutional settlement has obscured the primary legal constitutional conundrum that is created by the requirement that a judiciary must always adapt its constitutional jurisprudence to the evolving values that aTable of ContentsIntroduction. Constitutional Mo(u)rning. Retelling the Legal Integration Story. Forgetting Law. Adjudicating Non-authoritative Law. Constitutionalizing the Institutional Balance of Powers. The Principled Judicial Mechanics of Constitutional Morphogenesis. Constitutionalism Beyond Constitutions

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Book SynopsisBaker analyzes the history and structure of the office of the US Attorney General, an office that legal scholars have described as ""schizophrenic"". Her study documents how attorneys general have differed in their responses, seeing themselves as advocates of the president or expounders of the law.

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Book SynopsisThis work suggests that American constitutionalism is the product of a combination of two opposing schools of thought: the English common law tradition as exemplified by the work of Edward Coke, and early liberal political philosophy as seen in the work of Thomas Hobbes.

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Book SynopsisA discussion of how the judiciary should interpret the Constitution. Making use of arguments drawn from American history, political philosophy and literary theory, it examines what it means to interpret a written constitution and how the courts should go about the task.Trade ReviewOne of the most powerful defenses of original jurisprudence I have read....A remarkable achievement." - Rogers M. Smith, author of Liberalism and American Constitutional Law"Offers one of the best and most sophisticated arguments for originalism ever presented." —Review of Politics"Highly recommended for anyone interested in the foundations of American government and the judiciary." —Library Journal"For those fascinated by the intricacies of contemporary legal theory, this book should prove nearly indispensable." —Perspectives on Political Science

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Book SynopsisThe consequences of the leak made to the press about the secret government study on the Vietnam War and the subsequent litigation are reexamined in a study that focuses on the issue of government secrecy and the public's right to know.Trade ReviewA wonderful and significant story....The issues raised by the Pentagon Papers - presidential power, the role of the courts and the press, government secrecy - are all still with us. And this book throws fresh and important light on those issues. - Anthony Lewis in the New York Review of Books ""Highlights the burden of a free press that enriches a nation that cherishes freedom but yearns for national security....Ideal for students in media ethics and media law classes."" - American Journalism

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Book SynopsisIn this collection of essays, historians, political scientists and legal scholars examine significant instances in which legal reform produced something other than the foreseen result. Subjects addressed include: the intentions of the framers of the Constitution, and the Bill of Rights.

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