Legal history Books

Book SynopsisThis brilliant new book explores the lives of eight generations of the greatest kings and queens that this country has ever seen, and the worst. The Plantagenets their story is the story of Britain.England's greatest royal dynasty, the Plantagenets, ruled over England through eight generations of kings. Their remarkable reign saw England emerge from the Dark Ages to become a highly organised kingdom that spanned a vast expanse of Europe. Plantagenet rule saw the establishment of laws and creation of artworks, monuments and tombs which survive to this day, and continue to speak of their sophistication, brutality and secrets.Dan Jones brings you a new vision of this battle-scarred history. From the Crusades, to King John's humbling over Magna Carta and the tragic reign of the last Plantagenet, Richard II this is a blow-by-blow account of England's most thrilling age.Trade Review‘Stonking narrative history told with pace, wit and scholarship about the bloody dynasty that produced some of England’s most brilliant, brutal kings’ Observer ‘Colourful and engaging … Jones has produced an absorbing narrative that will help ensure that the Plantagenet story remains stamped on the English imagination’ Sunday Times ‘Unapologetically about powerful people, their foibles, their passions and their weaknesses … vivid descriptions of battles and tournaments, ladies in fine velvet and knights in shining armour crowd the pages of this highly engaging narrative’ Evening Standard ‘Action-packed … Filled with fighting, personality clashes, betrayal and bouts of the famous Plantagenet rage’ Daily Telegraph ‘Dan Jones expertly weaves an enormous medieval tapestry, ranging from the Middles East of Richard the Lionheart's Third Crusade to the battlefields of the Hundred Years War’ Sunday Telegraph ‘This is an unashamedly royal history and even the most insatiable appetite for chivalric deeds and aristocratic violence will be sated by its conclusion’ Sunday Times

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Book Synopsis‘No freeman is to be taken or imprisoned, or dispossessed … except through the lawful judgment of his peers or through the law of the land.’ ‘To no one shall we sell, to no one shall we deny or delay right or justice.’ Magna Carta (or ‘Great Charter’ of English Liberties) is one of the most important documents in legal history. Originating as a peace treaty agreed between King John and a group of powerful barons at Runnymede near Windsor on 15 June 1215, it enshrined in law the concept of individual liberty and defined the role of the monarch towards the people. The charter was successively revised and reissued throughout the thirteenth century by England’s monarchs, and the ideas expressed in it had a profound influence, as seen in the United States Constitution and Bill of Rights. The Latin text of one version of this landmark document (the 1217 issue of Henry III) is transcribed here in full, together with a modern translation and an introduction which traces the background to the making of the charter and its subsequent revisions through the centuries. It also explains how this text has become an enduring symbol of freedom in Britain and throughout the world.

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Book SynopsisSome of the most exciting and innovative legal scholarship has been driven by historical curiosity. Legal history today comes in a fascinating array of shapes and sizes, from microhistory to global intellectual history. Legal history has expanded beyond traditional parochial boundaries to become increasingly international and comparative in scope and orientation. Drawing on scholarship from around the world, and representing a variety of methodological approaches, areas of expertise, and research agendas, this timely compendium takes stock of legal history and methodology and reflects on the various modes of the historical analysis of law, past, present, and future. Part I explores the relationship between legal history and other disciplinary perspectives including economic, philosophical, comparative, literary, and rhetorical analysis of law. Part II considers various approaches to legal history, including legal history as doctrinal, intellectual, and social history. Part III focuses on the interrelation between legal history and jurisprudence by investigating the role and conception of historical inquiry in various models, schools, and movements of legal thought. Part IV traces the place and pursuit of historical analysis in various legal systems and traditions across time, cultures, and space. Finally, Part V narrows the Handbook''s focus to explore several examples of legal history in action, including its use in various legal doctrinal contexts.

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Book SynopsisThe Hibernensis is the longest and most comprehensive canon-law text to have circulated in Carolingian Europe. This edition offers a complete text of the Hibernensis combining the two main branches of its manuscript transmission. This is accompanied by an English translation and commentary.

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Book SynopsisAn essential, rigorous, and lively introduction to the beginnings of American law. How did American colonists transform British law into their own? What were the colonies' first legal institutions, and who served in them? And why did the early Americans develop a passion for litigation that continues to this day? In Law and People in Colonial America, Peter Charles Hoffer tells the story of early American law from its beginnings on the British mainland to its maturation during the crisis of the American Revolution. For the men and women of colonial America, Hoffer explains, law was a pervasive influence in everyday life. Because it was their law, the colonists continually adapted it to fit changing circumstances. They also developed a sense of legalism that influenced virtually all social, economic, and political relationships. This sense of intimacy with the law, Hoffer argues, assumed a transforming power in times of crisis. In the midst of a war for independence, American revolutiTable of ContentsPreface to the Second Edition Preface to the Revised EditionPreface to the First EditionAcknowledgmentsChapter One. "That the Said Statutes, Lawes, and Ordinances May Be as Neere as Conveniently May, Agreeable to the Forme of the Lawes and Pollicy of England"Chapter Two. "And to the End that All Laws Prepared by the Governour and Provincial Council Aforesaid, May Yet Have the More Full Concurrence of the Free-Men of the Province"Chapter Three. "If I Am Become Their Son, They Must Act the Part of a Father"Chapter Four. "Take All the Care in Your Power to Guard against Any Further Wicked Designs"Chapter Five. "These Dirty and Ridiculous Litigations Have Been Multiplied in This Town, Till the Very Earth Groans and the Stones Cry Out"Chapter Six. "Just so th' Unletter'd Blockheads of the Robe; (Than Whom no Greater Monsters on the Globe); Their Wire-Drawn, Incoherent, Jargon Spin, Or Lug a Point by Head and Shoulders In"Chapter Seven. "On What Principles, Then, on What Motives of Action, Can We Depend for the Security of our Liberties, of our Properties . . . of Life Itself?"ConclusionNotesA Bibliographic EssayIndex

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Book SynopsisThe Oxford Handbook of the History of International Law provides an authoritative and original overview of the origins, concepts, and core issues of international law. The first comprehensive Handbook on the history of international law, it is a truly unique contribution to the literature of international law and relations. Pursuing both a global and an interdisciplinary approach, the Handbook brings together some sixty eminent scholars of international law, legal history, and global history from all parts of the world. Covering international legal developments from the 15th century until the end of World War II, the Handbook consists of over sixty individual chapters which are arranged in six parts. The book opens with an analysis of the principal actors in the history of international law, namely states, peoples and nations, international organisations and courts, and civil society actors. Part Two is devoted to a number of key themes of the history of international law, such as peace and war, the sovereignty of states, hegemony, religion, and the protection of the individual person. Part Three addresses the history of international law in the different regions of the world (Africa and Arabia, Asia, the Americas and the Caribbean, Europe), as well as ''encounters'' between non-European legal cultures (like those of China, Japan, and India) and Europe which had a lasting impact on the body of international law. Part Four examines certain forms of ''interaction or imposition'' in international law, such as diplomacy (as an example of interaction) or colonization and domination (as an example of imposition of law). The classical juxtaposition of the civilized and the uncivilized is also critically studied. Part Five is concerned with problems of the method and theory of history writing in international law, for instance the periodisation of international law, or Eurocentrism in the traditional historiography of international law. The Handbook concludes with a Part Six, entitled People in Portrait, which explores the life and work of twenty prominent scholars and thinkers of international law, ranging from Muhammad al-Shaybani to Sir Hersch Lauterpacht.The Handbook will be an invaluable resource for students and scholars of international law. It provides historians with new perspectives on international law, and increases the historical and cultural awareness of scholars of international law. It is the standard reference work for the global history of international law.Trade ReviewThe Handbook on the History of International Law is an excellent and up-to-date contribution to a broad topic that has increasingly attracted the interest of academia in the last years. The editors certainly succeeded in bringing together a broad range of renowned experts on the various fi elds covered. It certainly deserves its place in the bookshelves of any international lawyers library. * Ralph Janik, Austrian Review of International and European Law Online *Shelley's interlocutor in Ozymandias paints a bleak picture of the fate which has befallen the Pharaoh's statue: 'Nothing beside remains. Round the decay / Of that colossal wreck, boundless and bare / The lone and level sands stretch far away ' ... Thanks to interventions such as those organised by Fassbender and Peters in this excellent volume, the historians of international law need not fear such a fate befalling their discipline-indeed, its future has never seemed brighter or more vibrant. * Cameron A. Miles, The British Yearbook of International Law *By any measure, the book is a substantial achievement, and it will be widely and rewardingly consulted for many years to come. * Jacob Katz Cogan, University of Cincinnati, American Journal of International Law *Impressive and timely volume * Rose Parfitt, Global Law Books *The volume does a marvelous job of hemming the topic in, but pays a price for its breadth and the erudition of its contributors by leaving the reader ungratefully greedy for further contextualization and (historical) policy detail - sparking this hunger in the reader though is a true vindication of a handbook of this sort. * Wouter P. F. Schmit Jongbloed, ASIL Cables *The Oxford Handbook of the History of International Law innovatively and comprehensively provides a timely and ambitious global history of international law from the sixteenth century to the mid-twentieth century. Under the skilled editorship of Bardo Fassbender and Anne Peters, the contributors, experts who themselves come from all parts of the world, present a history that imagines international law as the product of different regions, cultures, actors, and eras. Setting a new agenda for the field, the Handbook will be the indispensable starting point for students and researchers exploring the history of international law. * ASIL Award Citation *There is no doubt that The Oxford Handbook of the History of International Law will become what editors and authors intended," the new standard reference work for the global history of international law," provides the reader with a broad spectrum of useful information on a high level which is not easily assembled. * Karl Heinz Ziegler, German Yearbook of International Law *Table of ContentsPART ONE: ACTORS; PART TWO: THEMES; PART THREE: REGIONS; I. AFRICA AND ARABIA; II. ASIA; III. THE AMERICAS AND THE CARIBBEAN; IV. EUROPE; V. ENCOUNTERS; PART FOUR: INTERACTION OR IMPOSITION; PART FIVE: METHODOLOGY AND THEORY; PART SIX: PEOPLE IN PORTRAIT

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Book SynopsisDiscover how Scots law come into being, its use in dispute resolution in the medieval and early modern periods and how its authority developed over the centuries to the 1707 Union with England.

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Book SynopsisBroken Landscape is a sweeping chronicle of Indian tribal sovereignty under the United States Constitution and the way that legislators have interpreted and misinterpreted tribal sovereignty since the nation''s founding. Frank Pommersheim, one of America''s leading scholars in Indian tribal law, offers a novel and deeply researched synthesis of this legal history from colonial times to the present, confronting the failures of constitutional analysis in contemporary Indian law jurisprudence. He demonstrates that the federal government has repeatedly failed to respect the Constitution''s recognition of tribal sovereignty. Instead, it has favored excessive, unaccountable authority in its dealings with tribes. Pommersheim argues that the Supreme Court has strayed from its Constitutional roots as well, consistently issuing decisions over two centuries that have bolstered federal power over the tribes. Closing with a proposal for a Constitutional amendment that would reaffirm tribal sovereigTable of ContentsPart One: The Early Encounter ; 1. Introduction: A New Challenge to Old Assumptions ; 2. Early Contact: From Colonial Encounters to the Article of Confederation ; 3. Second Opportunity: The Structure and Architecture of the Constitution ; 4. The Marshall Trilogy: Foundational but Not Fully Constitutional? ; 5. Lone Wolf v. Hitchcock: The Birth of Plenary Power, Incorporation, and an Extraconstitutional Regime ; Part Two: Individual Indians and the Constitution ; 6. Elk v. Wilkins: Exclusion, Inclusion, and the Ambiguities of Citizenship ; 7. Indians and the First Amendment: The Illusion of Religious Freedom? ; Part Three: The Modern Encounter ; 8. Indian Law Jurisprudence in the Modern Era: A Common Law Approach Without Constitutional Principle ; 9. International Law Perspective: A New Model of Indigenous Nation Sovereignty? ; 10. Conclusion: Imagination, Translation, and Constitutional Convergence

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Book SynopsisWhat is the real meaning of ''an eye for an eye and a tooth for a tooth''? Where did the idea for the ''Jubilee 2000'' and ''Drop the Debt'' campaigns come from? And what, really, are the ''Ten Commandments''? In God, Justice, and Society, Jonathan Burnside looks at aspects of law and legality in the Bible, from the patriarchal narratives in the Hebrew Bible through to the trials of Jesus in the New Testament. He explores the nature of biblical law, legal thinking, and legal institutions by setting the biblical texts in their literary, social, and theological context.Burnside questions the biblical texts from the perspective of an academic lawyer and criminologist and asks what the biblical materials contribute to our understanding about the nature and character of law. He examines much of biblical law and narrative that has formed the basis of Western civilization, while at the same time exploring differences between biblical law and modern legal concepts and legal assumptions. The reTrade ReviewIt is a well-researched and well-argued text, which gives a detailed, and at the same time comprehensible, account of the nature of Biblical law, its interpretation and operation and the possible ways it might have shaped, challenged, and continues to challenge, modern legal approaches to a range of legal subjects. This makes the book essential for law students, legal historians and theologians. * Rebecca White, Oxford Journal of Law and Religion *Table of ContentsContents Contents Acknowledgements How to use this book Timeline Introduction: The horizon of biblical law Chapter One: The Character of Biblical Law Chapter Two: A Deal With God Chapter Three: Beyond Sinai Chapter Four: Justice as a Calling Chapter Five: Humanity and the Environment Chapter Six: People and Land Chapter Seven: Social Welfare Chapter Eight: Homicide and Vengeance Chapter Nine: Theft Chapter Ten: Marriage and Divorce Chapter Eleven: Sexual Offences Chapter Twelve: New Laws for a New Age Chapter Thirteen: The Trials of Jesus Conclusion: Law in the purpose of God Bibliography

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Book SynopsisIn 1801, a 45-year-old Revolutionary War veteran and politician, slovenly, genial, brilliant, and persuasive, became the fourth chief justice of the United States, a post he would hold for a record thirty-four years. Before John Marshall joined the Court, the judicial branch was viewed as the poor sister of the federal government, lacking in dignity and clout. After his passing, the Supreme Court of the United States would never be ignored again. John Marshall is award-winning and bestselling author Richard Brookhiser''s definitive biography of America''s longest-serving Chief Justice.Marshall (1755-1835) was born in Northern Virginia and served as a captain during the Revolutionary War and then as a delegate to the Virginia state convention. He was a friend and admirer of George Washington, and a cousin and enemy of Thomas Jefferson. His appointment to the Supreme Court came almost by chance-Adams saw him as the last viable option, after previous appointees declined

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Book SynopsisKames presents a history of law as a history of the progress of humankind from savage to civil society.

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Book SynopsisA holistic study of five key texts of Athenian oratory, this book unravels the complex cultural constructions of sexual labor in classical Athens and offers a new perspective on the history of sex laborers in ancient Greece.Trade Review[Sexual Labor in the Athenian Courts] will be a valuable addition to the library of scholars in Athenian forensic oratory and ancient sexuality and gender. * The Classical Review *[A] splendid and important book...Glazebrook’s demonstration of the potential power of even enslaved sex laborers in Athens is a signal example of the many insights found in this volume. Scholars of Athens, and academics pursuing gender and liberation studies, are alike now indebted to Allison Glazebrook for an outstanding book, well-organized, well-researched and well-written, offering a pioneering approach to the writing of social history. * Bryn Mawr Classical Review *A valuable contribution to the field…[Sexual Labor in the Athenian Courts] is a book which will be valuable for new students of sexuality and gender in antiquity and for experienced scholars alike...Glazebrook provides a worthwhile discussion of how the portrayal of sex labourers is used by the orators to expose and test the tensions within Athenian social norms and institutions...the book’s streamlined focus constrains discussions to the Attic orators, resulting in a tight, focused and thorough exploration of sexual labour within the genre. * Journal of Hellenic Studies *Glazebrook’s writing is clear and to the point. The introduction’s explanation of the Athenian court system, with a map indicating potential locations of the courts, reveals two strengths of the book that will be found throughout: incorporating material evidence and maintaining accessibility for nonspecialists...The standout features of the book are its consideration of place and movement, its inclusion of material culture, its amplification of female citizenship, and its accessibility...The book achieves its aims of treating the trope of the sex laborer in the orators as a window into Athenian society. * American Historical Review *Table of ContentsList of Figures A Note to the Reader Acknowledgments Introduction 1. Under the Influence 2. In the Oikos 3. Part of the Family 4. Same-Sex Desire 5. Citizen Sex Slaves Conclusion Notes Bibliography Index

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Book SynopsisThe story of the longest and most complex legal challenge to slavery in American historyTrade Review"William Thomas casts a bright light into the period’s darkness. . . . He reveals a remarkable struggle for freedom, one buoyed at first by new aspirations in the broader culture and later doomed by rekindled fears. . . . Valuable and provocative. . . . Mr. Thomas brings a clear and sensitive eye to the tangled relationship of black and white Americans in the early 19th century."—Fergus Bordewich, Wall Street Journal"Gripping. . . . Profound and prodigiously researched."—Alison L. LaCroix, Washington PostSelected as a finalist for the 2021 PROSE Awards, sponsored by the Association of American PublishersFinalist for the George Washington Book Award, sponsored by the Gilder Lehrman Center and Washington CollegeWinner of the SHEAR Best Book Prize, sponsored by The Society for Historians of the Early American Republic Winner of the 2021 Nebraska Book Award, Nonfiction Legal History category, sponsored by Nebraska Center for the BookCHOICE Outstanding Academic Titles 2021“Here is a strikingly original, eloquent, and humane book on an inhumane institution. The story restores the names and histories of people who fought for freedom for generations.”—Edward Ayers, author of The Thin Light of Freedom: The Civil War and Emancipation in the Heart of America“In A Question of Freedom, historian William Thomas brings to light the truly remarkable and largely forgotten efforts of people held in bondage to sue for their freedom in the courts of the early United States. A genuine contribution to the social, legal, and political history of American slavery, this is a book of great depth and insight.”—Adam Rothman, historian and curator of the Georgetown Slavery Archive“With its vivid narration, revelatory research, careful contextualization, and bracing honesty, A Question of Freedom demonstrates that freedom suits were not isolated episodes but instead a major form of slave resistance, with far-reaching and ongoing effects in the long freedom struggle. This book is essential reading for understanding the history of slavery and the modern debate over reparations.”—Elizabeth R. Varon, author of Armies of Deliverance: A New History of the Civil War"William Thomas has produced an important and astonishing chronicle of the legal battles waged by enslaved people for their own freedom. Braiding white-knuckle courtroom drama together with a searing exploration of his own family history, he redefines slavery’s place in early American law—not an inherent feature, but a dubious institution whose contradictions were exploited by the enslaved to protect themselves and their families.”—Yoni Appelbaum, Senior Editor, The Atlantic"A Question of Freedom is an essential book that details the extraordinary efforts of enslaved people to challenge both the legitimacy and absoluteness of slavery in courts of law. It is a work of remarkable honesty and humanity that should inform any conversation on the legacy of slavery. Please read it."—Lauret Savoy, author of Trace: Memory, History, Race, and the America Landscape

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Book Synopsis‘There are few historical developments more significant than the realisation that those in power should not be free to torture and abuse those who are not.’ – Amal Clooney On 10 December 1948, in Paris, the United Nations General Assembly adopted an extraordinarily ground-breaking and important proclamation: The Universal Declaration of Human Rights. This milestone document, made up of thirty Articles, sets out, for the first time, the fundamental human rights that must be protected by all nations. The full text of the document is reproduced in this book following a foreword by human rights lawyer Amal Clooney and a general introduction which explores its origins in the ‘Four Freedoms’ described by U.S. President Franklin D. Roosevelt, the role his wife Eleanor Roosevelt took on as chair of the Human Rights Commission and of the drafting committee, and the parts played by other key international members of the Commission. It was a pioneering achievement in the wake of the Second World War and continues to provide a basis for international human rights law, making this document’s aims ‘as relevant today as when they were first adopted a lifetime ago.’

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Book SynopsisThis book explains how Roman law worked for those who lived by it, by viewing it in the light of the society and economy in which it operated. Written in an accessible style with the minimum of legal technicality, the book is designed for students and teachers of Roman history as well as interested general readers. Topics covered include the family and inheritance, property and the use of land, business and commercial transactions, and litigation. In this second edition, all chapters have been extensively revised and updated, and a new chapter on crime and punishment has been included. The book ends with an epilogue covering the fate of Roman law in medieval and modern Europe. David Johnston is a lawyer practising in the courts and draws on his experience of law in practice to shape the work and provide new insights for his readers.Table of Contents1. Introduction; 2. Sources and methodology; 3. Family and inheritance; 4. Property; 5. Commerce; 6. Litigation; 7. Crime, delict, regulation and public order.

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Book SynopsisA new approach to the telling of legal history, devoid of jargon and replete with good stories, which will be of interest to anyone wishing to know more about the common law - the spinal cord of the English body politic. Throughout English history the rule of law and the preservation of liberty have been inseparable, and both are intrinsic to England's constitution. This accessible and entertaining history traces the growth of the law from its beginnings in Anglo-Saxon times to the present day. It shows how the law evolved from a means of ensuring order and limiting feuds to become a supremely sophisticated dispenser of justice and the primary guardian of civil liberties.This development owed much to the English kings and their judiciary, who, in the twelfth century, forged a unified system of law - predating that of any other European country - from almost wholly Anglo-Saxon elements. Yet by theseventeenth century this royal offspring - Oedipus Lex it could be called - was capable of regicide. Since then the law has had a somewhat fractious relationship with that institution upon which the regal mantle of supreme power descended, Parliament. This book tells the story of the common law not merely by describing major developments but by concentrating on prominent personalities and decisive cases relating to the constitution, criminal jurisprudence, and civil liberties. It investigates the great constitutional conflicts, the rise of advocacy, and curious and important cases relating to slavery, insanity, obscenity, cannibalism, the death penalty, and miscarriages of justice. The book concludes by examining the extension of the law into the prosecution of war criminals and protection of universal human rights and the threats posed by over-reaction to national emergencies and terrorism. Devoid ofjargon and replete with good stories, Law, Liberty and the Constitution represents a new approach to the telling of legal history and will be of interest to anyone wishing to know more about the common law - the spinal cordof the English body politic. Harry Potter is a former fellow of Selwyn College, Cambridge and a practising barrister specialising in criminal defence. He has authored books on the death penalty and Scottish history andwrote and presented an award-winning series on the history of the common law for the BBC.Trade ReviewAn enjoyable read. * PARLIAMENTARY HISTORY *Potter lacerates the jargon and marches through a long timeline to produce a slim, superbly written account of the common law. * LAW SOCIETY GAZETTE *Full of triumphs, tragedies, comedies, accidents and unintended consequences [with] an immense cast of characters. ... [A] lively and opinionated book. * TIMES *Harry Potter has a way with words...which make his books impossible to put down...If you need a good introduction to legal history (all students of English history do), then read this book. * FACHRS NEWSLETTER *

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Book SynopsisBeloved by liberals, the living Constitution evolves with the times. But one downside has been the erosion of constitutional constraints on executive action. Saikrishna Prakash argues that if we want to rein in this imperial, living presidency, we must embrace constitutional originalism and revive the framers’ vision of the separation of powers.Trade ReviewThe modern presidency—inflated by Congress’s dereliction of its duties and armed with modern technologies of mass communication—has disrupted the Madisonian equilibrium of America’s constitutional architecture and weakened the rule of law. With this exquisitely timed book, Prakash explains how we arrived at today’s urgent need to ‘recage the executive lion.’ -- George F. Will, author of The Conservative SensibilityPrakash has given us a refreshingly balanced understanding of the illegitimate expansion of presidential power throughout American history. Explaining that the Founders may well have intended a ‘limited monarch,’ he effectively and colorfully repudiates the dangerous idea that presidents can add to their powers without limitation. The current assertions of presidential power are indeed, in Prakash’s words, ‘a funhouse-mirror version of the Founders’ presidency.’ -- Russ Feingold, former United States SenatorEverything this sort of book ought to be: it is smart, clear, full of important distinctions and thought-inducing observations, and has an unambiguous vision for how we ought to approach our constitutional framework. -- David Murphy * Open Letters Review *[A] trenchant debut on the subject of modern-day Oval Office overreach…Prakash chronicles the metastasis of presidential prerogatives over the past 50 years to encompass the almost untrammeled ability to declare war, make foreign policy, stop enforcing laws, and informally make new laws, all without constitutionally mandated congressional consent…A persuasive case against presidential usurpations—and for a more respectful reading of the Constitution. * Publishers Weekly *Couldn’t come at a better time…Prakash’s book is well-written, well-researched, and dead-on in walking the reader through the history of the American presidency…He puts the presidency within the broader parameters of culture and political institutions—something that many books on the presidency fail to do. -- Gary L. Gregg II * Law & Liberty *With his usual clarity and pith, Sai Prakash explains why both progressives and conservatives should be more principled, condemning not only the expansion of executive authority, but the seizure of new authorities by Congress and the judiciary as well. Whether or not you agree with all his proposed reforms, anyone concerned about the growth of unbridled executive power must read this book. -- Randy E. Barnett, author of Our Republican ConstitutionMany people imagine that free-form ‘living constitutionalism’ can be counted on to produce outcomes that they like. Sai Prakash’s The Living Presidency warns that this is a mistake: without fixed constitutional meaning, based on text and history, we have no defense against unwelcome changes, such as an all-powerful executive. Prakash has produced a powerful critique of the living Constitution. -- Michael W. McConnell, Director of the Constitutional Law Center at Stanford Law SchoolA timely and challenging overview of the development of the modern presidency. Although his primary criticisms are directed at devotees of a ‘living Constitution’ who countenance ‘informal’ constitutional amendment, he is also critical of purported ‘originalists’ who have embraced presidential overreach. One need not agree with all of his arguments in order to recognize that Prakash has made an important contribution to an ever-more-vital national discussion. -- Sanford Levinson, coauthor of Fault Lines in the ConstitutionA terrific book…As Prakash explains in detail, the modern president’s power has vastly expanded relative to the prevailing conceptions of the Founding era. -- Shalev Roisman * Lawfare *This excellent volume conveys important constitutional history and highlights major contemporary constitutional problems. * Choice *

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Book SynopsisDavid Kennedy and Martti Koskenniemi, two leading critics of law’s role in global life, join together to explore the origins and destiny of efforts to build law into the fabric of global life. Erudite, open-minded, and at times personal, Of Law and the World is a poignant conversation about humanity’s struggle to live together.Trade ReviewOver the last four decades, David Kennedy and Martti Koskenniemi have occupied a unique space that was, simultaneously, at the top of the international law world and on its cutting edge. This book offers an enthralling tour of the intellectual and professional world they inhabited and sought to disrupt. A front-row seat to a fireside chat about how to plot critique. -- Vasuki Nesiah, New York UniversityIn their engrossing exchanges about the deepest problems in their field, David Kennedy and Martti Koskenniemi continue to exemplify international legal theory in the least pretentious and most productive sense. Though entitled to review their accomplishments, they realize they are just at the start of making sense of what international law is and what it does—and generously take the reader with them on a journey that matters to everyone. -- Samuel Moyn, Yale UniversityRich and revealing dialogues between two grand figures of North Atlantic international legal scholarship who have been friends and colleagues for almost four decades. Kennedy and Koskenniemi illuminate their separate trajectories, common projects, and intellectual and personal influences. Their lively conversations are also disarming as a chronicle of a critical generation in international law. -- Hilary Charlesworth, Melbourne Law SchoolAn exhilarating gaze across the world—uniquely insightful, challenging, and provocative. -- Philippe Sands, University College LondonThe conversation you’ve always hoped to overhear. Of Law and the World offers the followers and critics of Martti Koskenniemi and David Kennedy, two of the most influential international legal scholars of our time, the rare experience of being a fly on the wall of their virtual living room. -- Doreen Lustig, Tel Aviv UniversityThis is revelatory stuff, chock-full of insight, inspiration, humanity, and rage. -- Susan Marks, London School of Economics and Political Science

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Book SynopsisThe fourth edition of this acclaimed textbook addresses the developments in English contract law since the last edition, including the impact of the withdrawal of the UK from the European Union, and new case law on the role of good faith, the doctrine of consideration, rectification of written contracts for mistake, economic duress, illegality, contractual interpretation, and damages for breach of contract. The book introduces the lawyer trained in a civil law jurisdiction to the method of reasoning in the common law, and in particular to the English law of contract. It is written for the lawyer – whether student or practitioner – from another jurisdiction who already has an understanding of a (different) law of contract, but who wishes to discover the way in which an English lawyer views a contract. However, it is also useful for the English law student: setting English contract law generally in the context of other European and international approaches, the book forms an introductory text, not only demonstrating how English contract law works but also giving a glimpse of different ways of thinking about some of the fundamental rules of contract law from a civil law perspective. After a general introduction to the common law system – how a common lawyer reasons and finds the law – the book explains the principles of the law of contract in English law covering all the aspects of a contract from its formation to the remedies available for breach, whilst directing attention in particular to those areas where the approach of English law is in marked contrast to that taken in many civil law systems.Trade ReviewThe fact that there is a whole section dedicated on explaining Common Law and the Sources of the Law is a great addition for first year students who come from different jurisdictions as well as more mature students who have already obtained a law degree in another jurisdiction and are getting acquainted with English Contract law. -- Maria Tatsiou * UCLan Cyprus *Prof. Cartwright's is a truly excellent book, particularly helpful to students and lawyers from non-Common Law jurisdictions wishing to understand English contract law -- Jean-Sebastien Borghetti * Université Panthéon-Assas (Paris II) *Table of ContentsPreface Part I: An Introduction to the Common Law 1. The ‘Common Law’ 2. Finding the Law Part II: The Law of Contract 3. Introduction to the English Law of Contract 4. The Negotiations for a Contract 5. Formation of the Contract: Contract as ‘Agreement’ 6. Form, Consideration and Intention 7. Vitiating Factors: Void, Voidable and Unenforceable Contracts 8. Finding the Terms of the Contract 9. Controlling the Content of the Contract: ‘Unfair’ Contracts 10. Who has the Benefit of the Contract? Who is Bound by the Contract? 11. Change of Circumstances 12. Remedies for Breach of Contract

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Book SynopsisThe commonly held view about English administrative law is that it is of recent origin, with some dating it from the mid-20th century and some venturing back to the late 19th century. English Administrative Law from 1550: Continuity and Change upends this conventional thinking, charting its development from the mid-16th century with an in-depth examination of administrative law doctrine based on primary legal materials, statute, and case law. This book is divided into four parts. Part 1 sets out the book''s principal thesis, contrasting standard perceptions concerning the existence of English administrative law with the reality of its emergence from the mid-16th century. Part 2 is concerned with Regulation and Administration from the mid-16th century to the end of the 19th century. There is detailed analysis of the regulatory and administrative state, which includes chapters on the way in which administrative policy was developed through individual decision-making and rulemaking, and t

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Book Synopsis'A fascinating, comprehensive study that forces us to think again about what law is, and why it matters ... For those who want to understand why human society has emerged as it has, this is essential reading' Rana Mitter, author of China's Good War The laws now enforced throughout the world are almost all modelled on systems developed in Europe in the eighteenth and nineteenth centuries. During two hundred years of colonial rule, Europeans exported their laws everywhere they could. But they weren't filling a void: in many places, they displaced traditions that were already ancient when Vasco Da Gama first arrived in India. Where, then, did it all begin? And what has law been and done over the course of human history? In The Rule of Laws, pioneering anthropologist Fernanda Pirie traces the development of the world's great legal systems - Chinese, Indian, Roman, and Islamic - and the innumerable smaller traditions they inspired.Trade ReviewFascinating, insightful and gripping, The Rule of Laws provides a comprehensive exploration of the history underpinning our modern legal systems. A triumph -- The Secret BarristerAn ambitious account of the rise and fall of the world's great legal systems ... richly informative and consistently thought-provoking .. Fernanda Pirie's work will command, and deserve, a wide readership -- Jonathan Sumption * TLS *Exceptionally rich -- Andrew Stark * Wall Street Journal *The Rule of Laws offers a pathbreaking and stimulating account of how societies across different regions and epochs drew upon secular, sacred, and scholarly traditions to create laws that organized the lives of their citizens ... This expansive narrative challenges what we think we know about legal history and the assumptions we make about law's future -- Edward J. Watts, author * Mortal Republic: How Rome Fell into Tyranny *The Rule of Laws is a fascinating, comprehensive study that forces us to think again about what law is, and why it matters ... For those who want to understand why human society has emerged as it has, this is essential reading -- Rana Mitter, author * China's Good War *In the exploration of Big questions concerning the law, legality, legal traditions and suchlike, [The Rule of Laws] will occupy an important position. It asks some fundamental questions, including where did the concept of law - and thence of the rule of law - originate? ... A vast canvas ... magisterial * The Commonwealth Lawyer *Agile [and] convincing ... A valuable study for students of the law and its evolution over the millennia * Kirkus *In this panoramic history, Pirie tells the story of the rise and fall of systems of law across the civilizations, empires, and societies of the ancient and modern world ... Pirie argues that if the history of law has a common theme, it is that laws are not simply rules -- G. John Ikenberry * Foreign Affairs *An intriguing synthesis of the history of global legal codes and their origins -- Jeffrey Meyer * Library Journal *The Rule of Laws is a great overview of the history of law, covering four millennia and many different societies ... accessible to a wide readership. It dispels ideas that our current Western form of law is natural and by doing so, give us the liberty to question how it can be used or altered to make the world a better place. It also leaves us with the idea that it can be taken away * Open Letters Review *

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Book SynopsisThe Eichmann Trial Reconsidered brings together leading authorities in a transnational, international, and supranational study of Adolf Eichmann, who was captured by the Israelis in Argentina and tried in Jerusalem in 1961. The essays in this important new collection span the disciplines of history, film studies, political science, sociology, psychology, and law. Contributing scholars adopt a wide historical lens, pushing outwards in time and space to examine the historical and legal influence that Adolf Eichmann and his trial held for Israel, West Germany, and the Middle East. In addition to taking up the question of what drove Eichmann, contributors explore the motivation of prosecutors, lawyers, diplomats, and neighbouring countries before, during, and after the trial ended. The Eichmann Trial Reconsidered puts Eichmann at the centre of an exploration of German versus Israeli jurisprudence, national Israeli identities and politics, and the conflict bTrade Review"This excellent collection of essays revisits the 1961 trial of Adolf Eichmann from disciplinary perspectives ranging from law to history to psychology to film studies." -- Norman J.W. Goda, University of Florida * Central European History *“By offering multifaceted views on the former aspects, the volume does an excellent job in summarizing an ever more complex subject of Holocaust studies.” -- Thomas Kühne * Clark University German Studies Review *Table of ContentsAcknowledgments Introduction Rebecca Wittmann Part I: Eichmann on Trial 1. Coming to Terms with the “Banality of Evil”: Implications of the Eichmann Trial for Social Scientific Research on Perpetrator Behavior James E. Waller 2. From History to Story: When the “Architect” of the Holocaust Became his Own “Witness” Fabien Théofilakis 3. Revisiting Eichmann and Zionism: Contexts, Strange Encounters, and their Afterlives Michael Berkowitz Part II: Eichmann and Jurisprudence 4. Prosecuting “Crimes against the Jewish People”: The Eichmann Trial and the History of a Legal Concept Laura Jockusch 5. The Eichmann Trial: Toward a Jurisprudence of Eyewitness Testimonies of Atrocity? Leora Bilsky 6. What Makes a Prosecution an International Landmark Trial? Reflections on the Tensions between Legal Proceedings, Politics, and Historical Facts Ruth Bettina Birn Part III: Eichmann and Geopolitics 7.The Eichmann Trial's Impact Reconsidered Boaz Cohen 8. The Eichmann Trial and the Relations between the Federal Republic of Germany and Israel: A Positive or Negative Influence? Dominique Trimbur 9. The Impact of the Eichmann Trial on Relations between Israel and the Federal Republic of Germany Roni Stauber 10. The Impact of the Eichmann Affair on Arab Holocaust Discourse Esther Webman Part IV: Representing Eichmann 11. Remaking Eichmann: Memories of Mass Murder and the Transatlantic Student Movements of the 1960s Thomas Pegelow Kaplan 12. From 2-Inch to YouTube: The Audiovisual Documentation and the Broadcast of the Eichmann Trial Liat Benhabib

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Book SynopsisGeorge Craig was Sir Walter Scott's local banker, a writer, insurance agent, election agent and baron bailie of Galashiels. Based on thousands of recently discovered letters, this is the first study of a provincial nineteenth-century Scots lawyer and the community he served.

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Book SynopsisDigging into newly declassified archives, Dan Porat unearths the story of Jews prosecuted by the State of Israel for Nazi collaboration. Over time courts and the public came to see Jewish ghetto administrators or kapos as tragic figures. Rigorous yet humane, Porat invites us to rethink ideas about victimhood, justice, and collective memory.Trade ReviewThe largely forgotten history of these trials has pivotal importance for our changing sense of what it meant to be a Jew during the Holocaust, as Dan Porat makes clear in his insightful, eloquently written new book. -- David Mikics * Tablet *In this revelatory and at times astonishing book, the historian Dan Porat analyses the hitherto inaccessible transcripts of 40 kapo trials that were held in Israel over the course of two decades…And yet, 40 years later, only the 1961 trial of Adolf Eichmann, chief Nazi architect of the Final Solution, is ever discussed. Bitter Reckoning interrogates this cultural amnesia and asks why it is that Israel no longer calls to account the actions of Jewish functionaries within the camps. -- Giulia Miller * Times Higher Education *Porat raises profound moral questions about complicity, justice and victimhood. Bitter Reckoning makes an important, and perhaps pivotal, contribution to our understanding of the Holocaust. Porat documents the changing views of Israelis about alleged collaborators. -- Glenn C. Altschuler * Jerusalem Post *Masterful…The real beauty of this book is how Israeli society gradually came to different conclusions as to the guilt or complicity of those standing trial, choosing, ultimately, not to stand-in judgment over men and women in impossible situations…An essential guide to understanding the torments of the young state of Israel and, in the process, adds to our sum of knowledge about the Holocaust. -- Jenni Frazer * Jewish Chronicle *Porat’s writing is smooth and deliberate, delivered with integrity. His analysis of prosecutor and judicial motivations, especially within the trial records kept by judges and justices, is masterful…The extensive research by Porat lends considerable weight to why the Israeli criminal justice system was a poor choice as a vehicle of justice in this circumstance. -- Charles S. Weinblatt * New York Journal of Books *Gripping…Porat puts these trials into a broader framework, analyzing the changes in Israeli attitudes to Shoah survivors over the years. -- Martin Lockshin * Canadian Jewish News *A superb, meticulously researched work of historical empathy. The fullest, most intelligent exploration I’ve read of what Primo Levi termed ‘the gray zone,’ and the improbability of moral, let alone legal, clarity for those found to have been inside of it. -- Steven J. Zipperstein, author of PogromIn this riveting book Dan Porat offers a new and stunning perspective on Israel's tormented encounter with the legacy of the Holocaust and some of its survivors. It is not necessary to share Porat's opinions in order to respect his intellectual integrity, compassion, and masterly writing. -- Tom Segev, author of A State at Any CostPorat’s account of Israel’s kapo trials offers the first general history of these largely forgotten proceedings. He offers a persuasive, well-researched, and cogent history of the trials, situated in the context of postwar Jewish and Israeli life. -- Devin Pendas, author of The Frankfurt Auschwitz Trial, 1963–1965Skillfully weaving together courtroom drama with the politics, press, and public opinion of the time, Porat takes us to the gray area between perpetrator and victim and leaves us with a wealth of knowledge, important insights, and much to think about. -- Joshua Schoffman, former Deputy Attorney General, Israeli Ministry of JusticeA fascinating account of an important episode in Israeli history and post-Holocaust justice. Porat provides a lucid and well-documented reconstruction and analysis of the political arguments and evolution of judicial practice over three decades. -- Omer Bartov, author of Anatomy of a GenocideAn exploration of Holocaust survivors who collaborated with the Nazis…Fills in some gaps in the Holocaust literature. * Kirkus Reviews *Porat’s analysis of the ‘Kapo trials’ in Israel between 1950 and 1972 is critical for scholars interested in Holocaust justice, Jewish Holocaust testimony, and myths of postwar ‘silence’ concerning the Holocaust. -- Norman J. W. Goda * Holocaust and Genocide Studies *

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Book SynopsisSome see the internet as a Wild West where those who venture online must be thick-skinned enough to ensure verbal attacks in the name of free speech protection. Danielle Keats Citron rejects this view. Cyber-harassment is a matter of civil rights law, and legal precedents as well as social norms of decency and civility must be leveraged to stop it.Trade ReviewVividly written and carefully argued, the book is a fine account of law in this area… We should, as Citron argues, reject the facile romanticization of the Internet as the last frontier of true freedom. We should acknowledge that the Internet both facilitates expression and silences, both allows speech and muzzles it… The major contribution of Citron’s book is its lucid summary of the vast network of laws, both state and federal, that are pertinent to cyberabuse. As she shows, we can do quite a lot for victims of cyberabuse without chilling expression… Citron confronts the perpetual free-speech/First Amendment problems attendant to her family of proposals head-on, and the case she makes is persuasive… Citron makes a number of useful proposals for legal reform while convincing readers of the seriousness of the problem. -- Martha C. Nussbaum * The Nation *With the amount of research, detail, and sharp, straightforward suggestions in this book, you can almost hear Citron daring her readers to attempt any kind of counterargument, because one simply doesn’t exist… Hate Crimes fully delivers on its promise to elucidate the possible legal responses to online harassment and revenge porn, and policymakers—Citron’s intended audience—will be well served by its clarity… The author derives a lot of firing power from comparing the modern-day fight against online harassment to the 1970s-era fights for the criminalization of sexual harassment in the workplace, and, to a lesser extent, to the fight for the acknowledgement of (and due punishment for) domestic violence. Her comparisons with other feminist fights for equality are both apt and poignant, and the economic injustice of online harassment is certainly deserving of swift and meaningful solutions. -- Jordan Larson * The Baffler *Citron…focuses on how online hate speech ruins lives, most often women’s lives. She cites surveys that show that 60 to 70 percent of cyberstalking victims are women, and she details cases in which women have been targeted, defamed, and threatened with rape and murder… The very same things that make the Internet such a uniquely powerful medium for freedom of speech make it a uniquely powerful medium for hate crimes… The difficult question—as always in First Amendment and most constitutional litigation—is where to draw the line. In grappling with that and offering provisional answers, Citron [does] a great service. -- Erwin Chemerinsky * Chronicle of Higher Education *This book sets forth a compelling argument that the internet should not be allowed to maintain its ‘Wild West’ anarchic status, because its ability to facilitate cyber-bullying outweighs the virtues of maintaining that status… Hate Crimes in Cyberspace’s main strength lies in its sustained and detailed exploration of the bizarrely convoluted, sustained and extremely hurtful nature of online abuse of individuals… Its pioneering research could and should be used to support the case for introducing a criminal offence of gender-based hate speech in various countries. -- Helen Fenwick * Times Higher Education *Danielle Citron’s Hate Crimes in Cyberspace is a breakthrough book… Citron does a thorough and admirable service of clearly delineating the avenues for legal relief that already exist, thus belying the widely held belief that this behavior is totally unregulated and therefore beyond the law’s reach. Cyberspace is not a completely unregulated wild west, and perpetrators of hate crimes as well as their victims need to know that. Citron calls for greater enforcement of all of these laws that already target hate crimes in cyberspace… The book thus serves as a blueprint for what Citron insightfully calls a new civil rights movement. It gives legal representatives and victims a roadmap for charting out legal actions that can be taken to halt the abuse being currently suffered, and to compensate for past harms. It gives state and federal legislators a menu of options for strengthening the law in this area, so that cyberspace can be a safe as well as robust domain for the expression of views on all subjects. It responds to First Amendment worries about the possibility that her proposed reforms might chill valuable speech, and it suggests paths for interested private parties who want to affect the trajectory here outside the law. It’s a tour de force and I believe it will succeed. It will change the law, change the conversation, and change attitudes toward and regarding this extraordinarily abusive and harmful behavior. It will strengthen women’s civil rights, and thus strengthen women’s equality and at core, it will be a significant step toward ensuring women’s safety in the public space of employment and education, as well as in cyberspace and the home. This is a book to celebrate, to study, to argue over, and, mostly, to use… This book makes a powerful case that we must do something about this conduct, and that we must use law to do it. There simply must be a more robust legal response to harmful, hateful, and misogynistic behavior, in cyberspace, no less than in workplaces and the home. That is a huge contribution, to women’s equality, to the quality of our social and civic life, and to the justice of our law. -- Robin West * Jotwell *[Citron’s] book comprehensively catalogs the many forms of online harassment—from revenge porn to anonymous cyber mobs—arguing that we need more robust laws to criminalize it and that law enforcement needs to take the cases more seriously… Her book attempts to persuade readers of the real damage wrought by digital attacks with examples of some of the worst harassment that’s happened online… Citron hopes her book convinces readers that harassment online should be taken seriously, and that a robust legal and enforcement framework is created to make the Internet a less chilling place for women. -- Kashmir Hill * Forbes *There sometimes seems to be a river of hate on the internet, flowing steadily through different social media; people are often hurt, and there is no obvious end to it. In this book, Danielle Citron, an American law professor, proposes, with quiet authority, how we, as digital citizens, lawmakers, internet intermediaries and educators, can make a change. -- Katharine Quarmby * The Guardian *To be sure, police and prosecutors regularly fail to enforce existing laws when it comes to online abuse, either because they don’t take the abuse seriously or because they lack the technological skills to find the perpetrators. But while better training and more resources are certainly necessary, Citron argues persuasively that the law itself needs to evolve as well. -- Michelle Goldberg * The Nation *It is the first systematic account of the problem, and how to counter it. Citron proposes practical and lawful ways in which to punish online harassment and also demonstrates the emotional, professional and financial damage incurred by victims. -- Katharine Quarmby * Newsweek *[An] excellent new book…which dives into the negative consequences of connectivity and suggests legal and ethical remedies that may help people who are the targets of abuse and harassment… I think the book deserves to get a wide audience, particularly as legislatures and tech companies struggle to grapple with the consequences of connectivity. While [Citron] writes from the informed perspective of a legal scholar and researcher, the prose is clear and her approach should be accessible to lay audiences… Citron connects the experiences of women and minorities in the 20th century and the civil rights laws that were enacted to prevent or penalize discrimination against people on the basis of race or gender, with the challenges that confront people in the 21st century. -- Alex Howard * TechRepublic.com *A very important book…that addresses the dark and dangerous side of the Internet. Hate Crimes in Cyberspace by Danielle Keats Citron delves into myriad stories that swing from unfortunate to horrific, highlighting the negative experiences people have suffered as a result of behavior made possible by the anonymity the Internet provides, and/or made exponentially more severe due to the medium’s vast and instant reach… It’s enough to make you want to go offline for a very, very long time. * Bridg-iT blog *An impassioned call for equal rights for women on the Internet… Citron introduces three women and describes how their personal, educational and professional prospects were wantonly destroyed by cybermobs attacking them through posts on social networking sites and emails sent to prospective schools and employers, messages containing scurrilous lies and graphically detailed threats to rape and murder them. Their efforts to stop or punish these activities were frustrated by the posters’ anonymity, indifference on the part of law enforcement and legal loopholes protecting the websites hosting the attacks. Central to their predicaments is a widespread attitude that considers the Internet a lawless playground with no effect on the real world and that belittles the concerns of women and minorities facing a torrent of mindless hate when they attempt to use the Internet to advance their interests and careers. Citron compares this to the dismissive attitudes about sexual harassment in the workplace and domestic violence prevalent 40 years ago, and she argues that driving this vicious behavior from the Internet should be a major 21st-century civil rights initiative. The author has given careful thought to how the standards of civilized conduct expected everywhere else in our culture can be brought to bear on the Internet consistent with First Amendment concerns and without damaging the Internet’s capacity for robust debate, activism and innovation. Along with proposals for reducing the social acceptability of Internet abuse, Citron offers well-considered and modest changes to communications law and judicial procedure that could go a long way toward opening the Internet to safer and wider use by currently victimized groups. Her suggestion that anonymity online should be treated as a privilege that can be lost by violations of a site’s terms of service is particularly constructive… Frightening and infuriating, this demand for legal accountability for Internet barbarism deserves widespread exposure and serious consideration. * Kirkus Reviews (starred review) *Citron addresses a significant, timely topic in this impressively comprehensive, expertly researched book. Drawing upon leading legal and sociological works, the author explores the nature and consequences of cyber harassment and cyber stalking. Citron’s approach is particularly effective because she introduces a series of actual cases in which victims’ lives and livelihoods have been damaged by deliberate, malicious invasions of privacy over the Internet. In addressing legal remedies for digital hate attacks, Citron invokes lessons from the civil, women’s, and employee rights movements. Moreover, she emphasizes ways in which victims can employ civil and criminal legal means of catching and punishing perpetrators of these crimes. Still, the law is dilatory in recognizing and addressing the challenges presented by digital hate; thus, law enforcement agencies and the courts have much to learn about protecting rights in the digital age… An excellent analysis of the social impact of Internet hate crimes. -- Lynne Maxwell * Library Journal (starred review) *Citron brings clarity and rigor to a difficult area of law and policy—dealing with cyber harassment and stalking—that is in desperate need of both. Her book is a must-read for anyone interested in balancing free speech and privacy, and finding protection from the damage that online trolls can do. Citron masterfully guides us toward much needed solutions. -- Emily Bazelon, Senior Editor, SlateIn this important book, Danielle Citron proposes a civil rights agenda for the digital age—new legal tools that will protect equal opportunity and human dignity in digital spaces. She explains how we can protect individuals from online harassment and abuse without undermining freedom of expression. This is pioneering legal scholarship. -- Jack M. Balkin, Yale UniversityThe free flow of information and expression facilitated by the Internet can bring out the best in people—and also the worst. Hate Crimes in Cyberspace is a call to action and thought-provoking roadmap to realizing the Internet’s full potential as a place of discourse and engagement for all. -- Jonathan Zittrain, author of The Future of the Internet—And How to Stop It

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Book Synopsis

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Book Synopsis

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Book Synopsis

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Book Synopsis

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Book Synopsis

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Book Synopsis

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Book SynopsisThe Case That Shook India by Prashant Bhushan recounts the landmark Indira Gandhi v. Raj Narain case that led to the imposition of Emergency in India. It exposes the misuse of power to save the PM's election, highlighting threats, bribes, and deceit. The book serves as a crucial legal and historical document with contemporary relevance.

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Book SynopsisIndian peoples made some four hundred treaties with the United States between the American Revolution and 1871, when Congress prohibited them. They signed nine treaties with the Confederacy, as well as countless others over the centuries with Spain, France, Britain, Mexico, the Republic of Texas, Canada, and even Russia, not to mention individual colonies and states. In retrospect, the treaties seem like well-ordered steps on the path of dispossession and empire. The reality was far more complicated.In Pen and Ink Witchcraft, eminent Native American historian Colin G. Calloway narrates the history of diplomacy between North American Indians and their imperial adversaries, particularly the United States. Treaties were cultural encounters and human dramas, each with its cast of characters and conflicting agendas. Many treaties, he notes, involved not land, but trade, friendship, and the resolution of disputes. Far from all being one-sided, they were negotiated on the Indians'' cultural aTrade Reviewthe book is especially well-written. Its narrative flows easily through the tortuous paths (both literal and figurative) of treaty making, while always giving proper attention to Native agency and hitherto forgotten historical players ... Suited both for the student and for the historian of American expansionism ... Pen and Ink Witchcraft will be a valuable addition to libraries and classrooms. * Phillip H. Round, American Hisorical Review *Table of ContentsAcknowledgments ; Ch. 1: Treaty Making in Colonial America: The Many Languages of Indian Diplomacy ; Ch. 2: Fort Stanwix, 1768: Shifting Boundaries ; Ch. 3: Treaty Making, American-Style ; Ch. 4: New Echota, 1835: Implementing Removal ; Ch. 5: Treaties in the West ; Ch. 6: Medicine Lodge, 1867: Containment on the Plains ; Ch. 7: The Death and Rebirth of Indian Treaties ; Appendix: The Treaties ; Notes ; Bibliography ; Index

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Book SynopsisThe early Supreme Court justices wrestled with how much press and speech is protected by freedoms of press and speech, before and under the First Amendment, and with whether the Sedition Act of 1798 violated those freedoms. This book discusses the twelve Supreme Court justices before John Marshall, their views of liberties of press and speech, and the Sedition Act prosecutions over which some of them presided. The book begins with the views of the pre-Marshall justices about freedoms of press and speech, before the struggle over the Sedition Act. It finds that their understanding was strikingly more expansive than the narrow definition of Sir William Blackstone, which is usually assumed to have dominated the period. Not one justice of the Supreme Court adopted that narrow definition before 1798, and all expressed strong commitments to those freedoms. The book then discusses the views of the early Supreme Court justices about freedoms of press and speech during the national controversy over the Sedition Act of 1798 and its constitutionality. It finds that, though several of the justices presided over Sedition Act trials, the early justices divided almost evenly over that issue with an unrecognized half opposing its constitutionality, rather than unanimously supporting the Act as is generally assumed. The book similarly reassesses the Federalist party itself, and finds that an unrecognized minority also challenged the constitutionality of the Sedition Act and the narrow Blackstone approach during 1798-1801, and that an unrecognized minority of the other states did as well in considering the Virginia and Kentucky Resolutions. The book summarizes the recognized fourteen prosecutions of newspaper editors and other opposition members under the Sedition Act of 1798. It sheds new light on the recognized cases by identifying and confirming twenty-two additional Sedition Act prosecutions. At each of these steps, this book challenges conventional views in existing histories of the early republic and of the early Supreme Court justices.Trade Review[Bird's] book provides an important corrective to misinformation or missing information about this important period in First Amendment history. * Journal of Interdisciplinary History *Table of ContentsTable of Contents PREFACE ACKNOWLEDGMENTS ABBREVIATIONS INTRODUCTION CHAPTER 1 THE RIGHT TO DISSENT, AND THE GROWTH OF FREEDOMS OF PRESS AND SPEECH IN THE EIGHTEENTH CENTURY CHAPTER 2 THE CRIME OF SEDITIOUS LIBEL, AND ENGLAND'S LIMITATION OF FREEDOMS OF PRESS AND SPEECH CHAPTER 3 THE COLLISION OF SEDITIOUS LIBEL AND FREEDOMS OF PRESS AND SPEECH IN AMERICA'S CONSTITUTIONAL PERIOD CHAPTER 4 THE INITIAL SUPREME COURT JUSTICES AND THEIR VIEWS ON FREEDOMS OF PRESS AND SPEECH CHAPTER 5 THE SUCCESSOR SUPREME COURT JUSTICES AND THEIR VIEWS ON FREEDOMS OF PRESS AND SPEECH CHAPTER 6 THE SEDITION ACT AND THE ASSAULT ON FREEDOMS OF PRESS AND SPEECH: THE SITTING SUPREME COURT JUSTICES AND THE TRIALS CHAPTER 7 THE SEDITION ACT AND THE ASSAULT ON FREEDOMS OF PRESS AND SPEECH: THE MISSING HALF OF THE SEDITION ACT CASES CHAPTER 8 THE SEDITION ACT AND THE ASSAULT ON FREEDOMS OF PRESS AND SPEECH: THE REMAINING SUPREME COURT JUSTICES ON THE SEDITION ACT Chapter 9 THE FEDERALIST JUSTICES AND THE REPUBLICAN CRITICS: HISTORICAL MISCONCEPTIONS ABOUT FREEDOM INDEX

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Book SynopsisThe Supreme Court''s 1919 decision in Schenck vs. the United States is one of the most important free speech cases in American history. Written by Oliver Wendell Holmes, it is most famous for saying that ''shouting fire in a crowded theater'' is not protected by the First Amendment. The case itself upheld an espionage conviction, but it also created a much stricter standard for governmental suppression of speech. Over time, the standard Holmes devised made freedom of speech in America a reality rather than merely an ideal. In The Free Speech Century, two of American''s leading First Amendment scholars, Geoffrey Stone and Lee Bollinger, have gathered a group of the nation''s leading legal scholars (Cass Sunstein, Lawrence Lessig, Laurence Tribe, Kathleen Sullivan, Catherine McKinnon, and others) to evaluate the development of free speech doctrine since Schenk and assess where it might be headed in our post-Snowden era. Since 1919, First Amendment jurisprudence in America has been a signTable of ContentsDialogue: Lee C. Bollinger & Geoffrey R. Stone Part I: The Nature of First Amendment Jurisprudence Rights Skepticism and Majority Rule at the Birth of the Modern First Amendment Vincent A. Blasi Every Possible Use of Language? Frederick Schauer Rethinking the Myth of the Modern First Amendment Laura Weinrib The Discursive Benefits of Structure: Federalism and the First Amendment Heather K. Gerken Part II: Major Critiques and Controversial Areas of First Amendment Jurisprudence Citizens United: Predictions and Reality Floyd Abrams On the Legitimate Aim of Congressional Regulation of Political Speech: An Originalist View Lawrence Lessig The Classic First Amendment Tradition Under Stress: Freedom of Speech and the University Robert C. Post Keeping Secrets David A. Strauss The First Amendment: An Equality Reading Catharine A. MacKinnon Does the Clear and Present Danger Test Survive Cost-Benefit Analysis? Cass R. Sunstein Part III: The International Implications of the First Amendment Reflections on the Firstness of the First Amendment Albie Sachs Freedom of Expression Abroad: The State of Play Tom Ginsburg Hate Speech at Home and Abroad Sarah H. Cleveland Part IV: New Technologies and the First Amendment of the Future The Unintentional Press: How Technology Companies Fail as Publishers Emily Bell Defining the Boundaries of Free Speech on Social Media Monika Bickert Is the First Amendment Obsolete? Tim Wu Epilogue: Lee C. Bollinger & Geoffrey R. Stone

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Book SynopsisFederal Ground depicts the haphazard and unplanned growth of federal authority in the Northwest and Southwest Territories, the first U.S. territories established under the new territorial system. The nation''s foundational documents, particularly the Constitution and the Northwest Ordinance, placed these territories under sole federal jurisdiction and established federal officials to govern them. But, for all their paper authority, these officials rarely controlled events or dictated outcomes. In practice, power in these contested borderlands rested with the regions'' pre-existing inhabitants-diverse Native peoples, French villagers, and Anglo-American settlers. These residents nonetheless turned to the new federal government to claim ownership, jurisdiction, protection, and federal money, seeking to obtain rights under federal law. Two areas of governance proved particularly central: contests over property, where plural sources of title created conflicting land claims, and struggles over the right to use violence, in which customary borderlands practice intersected with the federal government''s effort to establish a monopoly on force. Over time, as federal officials improvised ad hoc, largely extrajudicial methods to arbitrate residents'' claims, they slowly insinuated federal authority deeper into territorial life. This authority survived even after the former territories became Tennessee and Ohio: although these new states spoke a language of equal footing and autonomy, statehood actually offered former territorial citizens the most effective way yet to make claims on the federal government. The federal government, in short, still could not always prescribe the result in the territories, but it set the terms and language of debate-authority that became the foundation for later, more familiar and bureaucratic incarnations of federal power.Trade Review...there is no denying this is a major contribution deserving a wide academic readership. * Nicolas R Parrillo, Yale Law School, American Journal of Legal History *With uncommon clarity and breadth, Federal Ground reconsiders essential questions of American statehood, federalism, and politics. Revisiting the origins of U.S. territorial practices of property, Native American policies, and 'conditional admissions' for statehood, Greg Ablavsky exposes the centrality of interior lands to the U.S. constitution's implementation. The results are a major addition to the growing historiography on the Northwest Ordinance and a new, revelatory analysis of the Southwest Territory's equally important place in U.S. history. * Ned Blackhawk, (Western Shoshone), Professor of History and American Studies, Yale University *No trifling sideshow in American political development, the federal government's shaping of the Northwest and Southwest Territories fashioned the template of America and its state for a century to come. In a masterwork of political and legal history, Greg Ablavsky forces us to rethink the meaning of space, empire, Native dispossession and the very nature of American government. * Daniel Carpenter, Allie S. Freed Professor of Government, Harvard University *Federal Ground is a stunning debut by a gifted historian. Greg Ablavsky's path-breaking study will transform the way we understand the emergence of an expansive American empire in the new nation's western borderlands. Lavishing its largesse on the perpetrators as well as the victims of frontier violence, this new American empire and its adjudicatory regime unleashed the creative and destructive energy of market society on a continental scale. * Peter Onuf, Thomas Jefferson Memorial Foundation Professor Emeritus, University of Virginia *With meticulous research, Greg Ablavsky shows how a complex tapestry of competing land claims led to both nation-building and violence on the frontiers of the American early republic. Written by one of the nation's leading legal historians of property and Native American law, Federal Ground transforms our understanding of federal authority in the territories, and in the process gives us a deeper understanding of the intractable contradictions inherent in today's political world. * Claire Priest, Simeon E. Baldwin Professor of Law, Yale Law School *A bracingly original, sophisticated, and convincing recasting of the origins of American governance. By establishing itself as the arbiter between states, Indian tribes, French habitants, veterans, and settlers west of the Appalachians in the wake of the American Revolution, the federal government remade itself. Governments, in Greg Ablavsky's telling, become what governments do. * Richard White, Margaret Byrne Professor of American History Emeritus, Stanford University *Table of ContentsIntroduction Part I: Property Chapter 1: Sources of Title in the Territories Chapter 2: The Land Company Experiment Chapter 3: The Rise of Federal Title Part II: Violence Chapter 4: Federal Sovereignty Chapter 5: Laws of War and Peace Chapter 6: Expenses of Sovereignty Part III: Statehood Chapter 7: Equal Footing Epilogue: Three Systems Acknowledgments Abbreviations

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Book SynopsisThe controversial 1991 War Crimes Act gave new powers to courts to try non-British citizens resident in the UK for war crimes committed during WWII. But in spite of the extensive investigative and legal work that followed, and the expense of some 11 million, it led to just one conviction: that in 1999 of Anthony (Andrzej) Sawoniuk. Drawing on previously unavailable archival documents, transcripts of interviews with suspects, and disclosures by senior lawyers and policer offers in the War Crimes Units (WCUs), in parallel with the history of bungled investigations in the 1940s, Safe Haven considers for the first time why and how convictions failed to follow investigations. Within the broader context of war crimes investigations in the United States, Germany, and Australia, the authors reassess the legal and investigative processes and decisions that stymied inquiries, from the War Crimes Act itself to the restrictive criteria applied to it. Taken together, the authors argue that these --Trade ReviewThe authors draw upon extensive research and present their arguments forensically. The book is not only of historical interest, but also offers valuable insights for those seeking justice for later atrocities, of which there have been and continue to be depressingly many. * James Wilson, The Law Society Gazette *

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Book SynopsisTrade ReviewChapman and McConnell take the reader on an illuminating journey through British and early American establishments, relevant developments in the nineteenth century, and eight decades of modern Establishment Clause interpretation. Building on a well-articulated view of the clause's animating values, they argue that a jurisprudence rooted in history will yield greater religious liberty and pluralism. Agreeing to Disagree enters the constitutional discourse at an especially critical time now that the Supreme Court has moved into the uncharted interpretive territory of 'historical practices and understandings.' * Angela C. Carmella, Professor of Law, Seton Hall University School of Law *Chapman and McConnell provide a clear-eyed and carefully crafted defense for the first freedom stated in the Bill of Rights. Their discussion of religious accommodations is essential reading, as it can help lower the temperature and advance the political pluralism to which the nation is committed. * Abner S. Greene, author of Against Obligation: The Multiple Sources of Authority in a Liberal Democracy *Chapman and McConnell draw on decades of their scholarly analysis and litigation experience to offer the broader public a concise and jargon-free guide to the First Amendment's religion clauses. This elegant book makes a persuasive case that we cannot interpret the Constitution's non-establishment directive without a deep historical appreciation for the type of established church the Founding generations feared. The resulting principles call for an approach grounded in pluralism rather than secularism and offer a framework for the many law and religion controversies that will almost certainly come before the Supreme Court. * Chaim Saiman, Professor of Law, Villanova University Charles Widger School of Law *The First Amendment prohibition on religious establishments was one of America's most original contributions to Western constitutionalism. But it has become deeply controversial in recent Supreme Court cases and culture wars. In Agreeing to Disagree, two of the nation's leading scholars of religious liberty call for a return to the American founders' cardinal insight that liberty, justice, and civic peace are best served when government remains neutral toward religion and avoids coercing or inducing any religious beliefs or practices. Judges, scholars, and interested citizens alike will find much to savor in this bracing and brilliant text. * John Witte, Jr., co-author of Religion and the American Constitutional Experiment *Outstanding new book. * Law and Liberty *The Kennedy Court's rejection of secularist suppression was the perfect moment for the justices to substitute this norm for its ahistorical secularist mandates. Sometimes, the antidote to bad doctrine is better doctrine, not no doctrine at all. But the Court has unfortunately chosen to proceed by dead historical reckoning. There is no better compass for that journey than Agreeing to Disagree. * Gerard Bradley, Public Discourse *Table of ContentsIntroduction Part I: History 1. Establishment at the Founding 2. Framing the First Amendment 3. Disestablishment in the States 4. Application of the Establishment Clause to the States Part II: Modern Controversies 5. The Rise and Fall of the lemon Test 6. Accommodation of Religious Exercise 7. No-Aid Separation, Neutrality, and Religious Schools 8. Prayer, Bible Reading, and Coercion 9. Conflicts Over Symbols 10. Church Autonomy 11. Conclusion: Neutrality Beyond the Establishment Clause

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Trade ReviewMichael J. Klarman's monumental book * undertaking a sweeping exploration of the causes and consequences of all of the Supreme Court's race decisions from Plessy v. Ferguson to Brown vs. Board of Educationis likely to become the definitive study of the Supreme Court and race in the first half of the twentieth century. As a narrative history of the Court's actions on the broad array of constitutional issues relevant to racial equalityfrom criminal procedure to voting rights to desegregationthe book is an invaluable resource.Reviews in American History *Klarman's scholarly text is unique in that it encompasses not only the decision itself, but also the events before and after. * Elaine Cassel, author of The War on Civil Liberties *Of all of the many books published recently on the occasion of Brown's fiftieth anniversary, the most ambitious is Michael J. Klarman's comprehensive history of federal race-relations law from the late nineteenth century until the early 1960s...Klarman's study is a major achievement. It bestows upon its fortunate readers prodigious research, nuanced judgment, and intellectual independence. * Randall Kennedy, The New Republic *Magisterial... * The New York Review of Books *A highly accessible analysis of the interplay between the Supreme Court and U.S. race relations. * Booklist *This luminous study explores the relationship between the Supreme Court and the quest for racial justice.... a sweeping, erudite, and powerfully argued book that, despite its heft, is unfailingly interesting. * Wilson Quarterly *Michael Klarman's authoritative account of constitutional law concerning race * from the late 19th century through the 1960sis brilliant, both as legal interpretation and as social and political history. While the book deals with a wide range of racially charged issuescriminal procedure, peonage, transportation, residential segregation, and voting rightsit focuses with especially keen insights on the Brown v. Board of Education case of 1954. From Jim Crow to Civil Rights is a magisterial accomplishment.James T. Patterson, Bancroft Prize-winning author of Grand Expectations: The United States, 1945-1974 (Oxford, 1996) *Michael Klarman's exhaustively researched study is essential reading for anyone interested in civil rights, the Supreme Court, and constitutional law. Accessible to ordinary readers, students, and scholars, Klarman's book presents a challenging argument that places the Supreme Court's civil rights decisions in their social and political context, and deflates overstated claims for the importance of the Supreme Court's work while identifying carefully the precise contributions the Court made to race relations policy from 1896 through the 1960s. * Mark Tushnet, author of Taking the Constitution Away from the Courts *Pulling together a decade of truly magnificent scholarship, this extraordinary book bids fair to be the definitive legal history of perhaps the most important legal issue of the twentieth century. There is no one from whom I have learned more * and whom I enjoy reading morethan Michael Klarman. This is legal history at its best, and on a panoramic canvas.Akhil Reed Amar, author of The Bill of Rights: Creation and Reconstruction *From Jim Crow to Civil Rights is a bold, carefully crafted, deeply researched, forcefully argued, lucidly written history of law and legal-change strategies in the civil rights movement from the 1880s to the 1960s, and a brilliant case study in the power and limits of law as a motor of social change. Among the hundreds of recent books on the history of civil rights and race relations, Klarman's is one of the most original, provocative, and illuminating, with fresh evidence and fresh insights on practically every page. * Robert W. Gordon, Chancellor Kent Professor of Law and Legal History, Yale University *Michael J. Klarman has written an exhaustive * and according to many reviewers a definitiveaccount of the United States Supreme Court's twentieth-century jurisprudence of race.Law and History Review *Table of ContentsINTRODUCTION; CONCLUSION; NOTES; BIBLIOGRAPHY; INDEX

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Book SynopsisThe U.S. corporate income tax - and in particular the double taxation of corporate income - has long been one of the most criticized and stubbornly persistent aspects of the federal revenue system. Unlike in most other industrialized countries, corporate income is taxed twice, first at the entity level and again at the shareholder level when distributed as a dividend. The conventional wisdom has been that this double taxation was part of the system''s original design over a century ago and has survived despite withering opposition from business interests. In both cases, history tells another tale. Double taxation as we know it today did not appear until several decades after the corporate income tax was first adopted. Moreover, it was embraced by corporate representatives at the outset and in subsequent years businesses have been far more ambivalent about its existence than is popularly assumed. From Sword to Shield: The Transformation of the Corporate Income Tax, 1861 to Present is the first historical account of the evolution of the corporate income tax in America. Professor Steven A. Bank explains the origins of corporate income tax and the political, economic, and social forces that transformed it from a sword against evasion of the individual income tax to a shield against government and shareholder interference with the management of corporate funds.Trade Review"From Sword to Shield is a fascinating read on several levels...Which is to say, if you have any interest in tax, you need to read this book. And even if you don't have any interest in tax, if you are interested in the legislative process or in economic history (or even on the impact of war on fiscal policy), this book is for you." --Samuel D. Brunson, Assistant Professor of Law, Loyola University Chicago School of Law Concurring OpinionsTable of ContentsIntroduction ; Chapter 1: The Roots of a Corporate Tax ; Chapter 2: From Industry Taxes to Corporate Taxes ; Chapter 3: Corporate Tax at the Turn-of-the-Century ; Chapter 4: The Rise of the Separate Corporate Tax ; Chapter 5: Nonrecognition and the Corporate Tax Shield ; Chapter 6: The Origins of Double Taxation ; Chapter 7: The Lost Moment in Corporate Tax Reform ; Chapter 8: The Present and Future of Corporate Income Taxation

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Book SynopsisThe most important aspect of The Lost History of the Ninth Amendment is its presentation of newly uncovered historical evidence which calls into question the currently presumed meaning and application of the Ninth Amendment. The evidence not only challenges the traditional view regarding the original meaning of the Ninth Amendment, it also falsifies the common assumption that the Amendment lay dormant prior to the Supreme Court''s discovery of the clause in Griswold v. Connecticut. As a history of the Ninth Amendment, the book recapitulates the history of federalism in America and the idea that local self-government is a right retained by the people. This issue has particular contemporary salience as the Supreme Court considers whether states have the right to authorize medicinal use of marijuana, refuse to assist the enforcement of national laws like the Patriot Act, or regulate physician-assisted suicide. The meaning of the Ninth Amendment has played a key role in past Senate confirTrade Review"Kurt Lash has made a major contribution to the historical debate over the meaning of the Ninth Amendment. Everyone interested in this crucial and ongoing debate should read this book." --Michael Kent Curtis, Wake Forest School of Law "Kurt Lash's book explores the unexamined and overlooked dimensions to how the Ninth Amendment found its way into the Federal Constitution and, arguably, had a 'life' long before its 'discovery' by the modern Supreme Court in the 1960's. He also recognizes the collective aspect of rights, which is frequently overlooked in the traditional focus of individual rights. The argument hinging on the interpretation and understanding of the Constitution alone is quite complicated, but Professor Lash presents a clear argument with solid research that helps stimulates a re-thinking of the conventional treatment of the Ninth Amendment." --Christian G. Fritz, University of New Mexico School of Law "The Lost History of the Ninth Amendment is magnificent. The Ninth is at the center of important debates about constitutional method and substance. Lash's work on this enigmatic provision has already provoked an explosion of new scholarship - for good reasons. Lash has done something rare and extraordinary - uncovering genuinely new historical evidence about the origins and early interpretation of the Ninth. Lash also has a powerful and original theory of the Ninth's purpose - emphasizing the political powers of 'We the People' and rediscovering the amendment as a lynchpin of popular sovereignty. Lash's book will be debated for years to come." --Lawrence Solum, University of Illinois College of LawTable of ContentsAcknowledgements ; Prologue: Bad Luck ; Chapter I: The Enigmatic Amendment ; Griswold and Justice Goldberg ; Avoiding Lochner ; The Modern Restoration of Unenumerated Rights ; The Conundrums of the Consensus View ; Chapter II: The Origins of the Ninth Amendment ; Introduction: James Madison and His Speech on the Bank of the United States ; The Traditional Account of the Ninth ; The Need to Control the Interpretation of Federal Power ; The Declarations and Proposals of the State Ratifying Conventions ; Madison's Original Draft of the Ninth Amendment ; The Altered Final Language of the Ninth Amendment ; The People's Retained Rights ; Chapter III: Ratifying the Ninth Amendment ; Roger Sherman's Draft Bill of Rights ; Reaction to the Final Draft: The Virginia Debates ; The Concerns of Edmund Randolph ; The Letters of Hardin Burnley and James Madison ; The Virginia Senate Report ; Explaining the Ninth Amendment: Madison's Speech on the Bank of the United States ; The Significance of Madison's Speech ; Chapter IV: The Retained Rights of the People: The Ninth Amendment in Its First Decade ; Introduction: John Page's Battle Against the Alien and Sedition Acts ; The Twin Guardians of Federalism-The Ninth and Tenth Amendments ; St. George Tucker's View of the Constitution ; The Rule of Strict Construction ; Popular Sovereignty and the Ninth Amendment ; Natural Rights and the Original Ninth Amendment: Samuel Chase & Calder v. Bull ; The Alien and Sedition Acts ; The Federalist Party and National Power ; The Ninth Amendment and the Preservation of Individual Liberty: John Page's Remonstrance ; The Rise of the Tenth Amendment ; The Virginia and Kentucky Resolutions ; Madison's Celebrated Report ; The Revolution of 1800 and the Rise of the Tenth Amendment ; Chapter V: Chief Justice John Marshall and the Ninth Amendment ; Introduction: Thomas Emmet's Argument in Gibbons v. Ogden ; Exclusive vs. Concurrent Federal Power ; Defining the Concurrent Powers of the States ; The Lost Opinion in Houston v. Moore ; The Marshall Court and National Power ; Marshall's Nationalism: McCulloch v. Maryland and Gibbons v. Ogden ; The Supreme Court Under Fire ; Defending John Marshall: Story's Commentaries ; Marshall's Retirement and the Return of Strict Construction ; The Bad Luck of Losing John Marshall ; Chapter VI: Guilt by Association: The Ninth Amendment, Slavery, and the Impact of the Fourteenth Amendment ; Introduction: The Secession Speech of Judah P. Benjamin ; The Ninth Amendment and the Antebellum Concept of Liberty ; Slavery and the Ninth Amendment ; The Fourteenth Amendment and the Issue of Incorporation ; The Silence of the Abolitionists ; States' Rights and Abolition ; The Legal Tender Cases ; The Slaughterhouse Cases: Preserving the Rule of Construction ; Hans v. Louisiana: The Ninth and Eleventh Amendments ; Reconciling the Ninth and Fourteenth Amendments ; Chapter VII: The Fall of the Ninth Amendment: The New Deal Restoration of John Marshall's Constitution ; Introduction: The Speech of Senator Pat McCarran, Anticommunist, Anti-New Dealist, Anti-Desegregationist and All- ; Around Unsavory Character-More Bad Luck ; The Ninth and Tenth Amendments in the Progressive Era ; The Rule of Construction and the New Deal ; The Rule Abandoned: The Ninth and Tenth Amendments as Truisms ; The Last Days of the Historic Ninth Amendment: Bute v. Illinois and the Issue of Incorporation ; Chapter VIII: Death and Transfiguration: The Return of the Ninth Amendment-and How Its History Got Filed in the Wrong Box ; The Modern Reading of Retained Rights and Reserved Powers ; Bennett Patterson's Book ; Griswold v. Connecticut ; Turning the Ninth Against the Tenth: Roe v. Wade and Modern Substantive Due Process ; The Return of Federalism: The Rehnquist Court and the Tenth Amendment ; Losing History: Misplaced, Mistaken, and Just Plain Missed ; Chapter IX: Enforcing the People's Retained Right to Local Self-Government ; Popular Sovereignty and Comprehensive Originalism ; Federalism as a Retained Right ; Madison's Rules of Constitutional Construction ; Preserving the Retained Rights of the People ; The Modern Court's Federalism Jurisprudence ; Notes ; Index

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Book SynopsisProvides a comprehensive and engaging introduction to copyright, patents, trademarks, and other forms of knowledge that are subject to global law and regulation.Trade ReviewIn the course of a book tracing the legal paths by which ideas about intellectual property has traveled, Vaidhyanathan illuminates conflicting truths... In this smart, engaging book, surprisingly provocative for a short introduction, he won this reader. * Karin Wulf, The Scholarly Kitchen *A wonderfully accessible avenue into a wholly confusing topic, making it another truly spectacular addition to the OUP Very Short Introduction series. This is a book for law buffs, experts on rules and regulations, and anyone looking to widen their economic and political understanding of the world or make a splash at an incredibly specific pub quiz. * Jade Fell, Engineering & Technology *Table of ContentsPreface Chapter 1: How to Read Starbucks; or Why Intellectual Property Matters More Than You Think Chapter 2: Copyright, Commerce, and Culture Chapter 3: Patents and their Discontents Chapter 4: Trademarks and the Politics of Branding Chapter 5: Other Rights: Domain Names, Publicity, Trade Secrets, Data, and Designs Conclusion: The Politics of Resistance and the Access to Knowledge Movement Acknowledgements Useful Web Sites References Bibliography Index

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Book SynopsisInternational lawyers and international relations scholars recognize that international norms change over time. Practices that were once permissible and even normal - like slavery, conquest, and wartime plundering - are now prohibited by international rules. Yet though we acknowledge norm change, we are just beginning to understand how and why international rules develop in the ways that they do. Wayne Sandholtz and Kendall Stiles sketch the primary theoretical perspectives on international norm change, the legalization and transnational activist approaches, and argue that both are limited by their focus on international rules as outcomes. The authors then present their cycle theory, in which norm change is continual, a product of the constant interplay among rules, behavior, and disputes. International Norms and Cycles of Change is the natural follow-on to Prohibiting Plunder, testing the cycle theory against ten empirical cases. The cases range from piracy and conquest, to terrorism, slavery, genocide, humanitarian intervention, and the right to democracy. The key finding is that, across long stretches of time and diverse substantive areas, norm change occurs via the cycle dynamic. International Norms and Cycles of Change further advances the authors'' theoretical approach by arguing that international norms have been shaped by two main currents: sovereignty rules and liberal rules. Sovereignty rules are the necessary norms for establishing an international society of sovereign states and deal with the rights, prerogatives, and duties of states. Liberal rules are norms that emerged out of the Enlightenment and enshrine the basic value, dignity, and inherent rights of each person. Sandholtz and Stiles include five cases of sovereignty rules and five of liberal rules in order to reveal the broad cyclic pattern of international change in these two categories of rules.Table of ContentsChapter 1. Explaining International Norm Change ; Part I: Sovereignty Rules ; Chapter 2. Banning Piracy: The State Monopoly on Military Force ; Chapter 3. The End of Conquest: Consolidating Sovereign Rights ; Chapter 4. Protecting Cultural Treasures in Wartime ; Chapter 5. Terrorism: Reinforcing States' Monopoly on Force ; Chapter 6. Extraterritoriality: Expanding Exclusive Internal Jurisdiction ; Part II: Liberal Rules ; Chapter 7. Slavery: Liberal Norms and Human Rights ; Chapter 8. Genocide ; Chapter 9. Refugees and Asylum ; Chapter 10. Humanitarian Intervention: Liberal Norms vs. Sovereignty Norms ; Chapter 11. The Right to Democracy ; Chapter 12. Conclusion

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Book SynopsisWritten by one of early America's most eminent historians, this book masterfully discusses the debates over constitutionalism that took place in the Revolutionary era.Trade ReviewThis book distills the core insights of a long career into a single small volume that grabs the reader's interest from the first page and never lets go. * Jessica T. Mathews, Foreign Affairs *With characteristic insight, sobriety, and wisdom, Gordon Wood had given us much to consider in this thoughtful study of how the framers of the American Republic imperfectly but determinedly set us on a journey toward a more perfect Union. Wood's scholarship always repays our careful attention, and this incisive new book joins the large company of his invaluable contributions to understanding America's complexities and contradictions. * Jon Meacham, author of The Soul of America: The Battle for Our Better Angels *No one has done more to teach us about the origins of American constitutionalism than Gordon S. Wood. Now, at a moment when we are trembling over the strength of our constitutional system, Wood gives us a deft shorthand account of how it all began. For anyone who wants to understand what made American constitutionalism such a vital political experiment, this is the place to start. * Jack Rakove, author of Beyond Belief, Beyond Conscience: The Radical Significance of the Free Exercise of Religion *Gordon Wood's Power and Liberty conveniently encapsulates more than a half-century of scholarship by the leading historian of American constitutionalism during the founding era and the early republic. * William E. Nelson, author of E Pluribus Unum: How the Common Law Helped Unify and Liberate Colonial America, 1607-1776 *Gordon Wood has packed a lifetime of learning into this splendid little volume. In his capable hands, our founding charters, grown stale from familiarity, regain their freshness and allure as revolutionary documents that redefined our politics. Wood has an uncanny ability to project himself into the past and to report on his findings as if he had been a personal witness to those distant events. * Ron Chernow, author of Alexander Hamilton *Table of ContentsAcknowledgments Introduction Ch 1. The Imperial Debate Ch. 2 State Constitution-Making Ch. 3 The Crisis of the 1780s Ch. 4 The Federal Constitution Ch. 5 Slavery and Constitutionalism Ch. 6 The Emergence of the Judiciary Ch. 7 The Great Demarcation Between Public and Private Epilogue Notes Index

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Book SynopsisAn account of a fundamental change in American legal thought, from a conception of law as something found in nature to one in which law is entirely a human creation.Before the late 19th century, natural law played an important role in the American legal system. Lawyers routinely used it in their arguments and judges often relied upon it in their opinions. Today, by contrast, natural law plays virtually no role in the legal system. When natural law was part of a lawyer''s toolkit, lawyers thought of judges as finders of the law, but when natural law dropped out of the legal system, lawyers began thinking of judges as makers of the law instead.In The Decline of Natural Law, the eminent legal historian Stuart Banner explores the causes and consequences of this change. To do this, Banner discusses the ways in which lawyers used natural law and why the concept seemed reasonable to them. He further examines several long-term trends in legal thought that weakened the position of natural law, including the use of written constitutions, the gradual separation of the spheres of law and religion, the rapid growth of legal publishing, and the position of natural law in some of the 19th century''s most contested legal issues. And finally, he describes both the profession''s rejection of natural law in the late 19th and early 20th centuries and the ways in which the legal system responded to the absence of natural law.The first book to explain how natural law once worked in the American legal system, The Decline of Natural Law offers a unique look into how and why this major shift in legal thought happened, and focuses, in particular, on the shift from the idea that law is something we find to something we make.Table of ContentsIntroduction Part I: Before the Transition Chapter 1: The Law of Nature Chapter 2: The Common Law Part II: Causes of the Transition Chapter 3: The Adoption of Written Constitutions Chapter 4: The Separation of Law and Religion Chapter 5: The Explosion in Law Publishing Chapter 6: The Two-Sidedness of Natural Law Part III: The Transition and After Chapter 7: The Decline of Natural Law and Custom Chapter 8: Substitutes for Natural Law Chapter 9: Echoes of Natural Law Index

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