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Fear of Judging
For two centuries, federal judges exercised wide discretion in criminal sentencing. In 1987 a complex bureaucratic apparatus termed Sentencing "Guidelines" was imposed on federal courts. FEAR OF JUDGING is the first full-scale history, analysis, and critique of the new sentencing regime, arguing that it sacrifices comprehensibility and common sense.
Foreign in a Domestic Sense
In this groundbreaking study of American imperialism, leading legal scholars address the problem of the U.S. territories. Foreign in a Domestic Sense will redefine the boundaries of constitutional scholarship. More than four million U.S. citizens currently live in five “unincorporated” U.S. territories. The inhabitants of these vestiges of an American empire are denied full representation in Congress and cannot vote in presidential elections. Focusing on Puerto Rico, the largest and most populous of the territories, Foreign in a Domestic Sense sheds much-needed light on the United States’ unfinished colonial experiment and its legacy of racially rooted imperialism, while insisting on t...
The Third Branch
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Outside In
"My behavior is not a Yankee's behavior. It just is not, no matter what. My family was Italian, and different from most other Italian immigrants. We did not need to melt in. We did not need to assimilate, because of who we were and what we came from. While other people were painting themselves red, white, and blue, we talked Italian, absorbed our family's history, and thought of ourselves as being what we always were. In the deepest sense, I was never taught to be a Yankee, which is a fact that comes out in any number of the things that I do and try to accomplish. Some people have the feeling that what I write and say is too subtle, or perhaps manipulative; or that I behave a bit outlandishly; but those people do not put what I do in the context of Italy, in the context of that very old, very subtle, very complicated society, which I come from"--
The Myth of the Imperial Judiciary
Few institutions have become as ferociously fought over in democratic politics as the courts. While political criticism of judges in this country goes back to its inception, today’s intensely ideological assault is nearly unprecedented. Spend any amount of time among the writings of contemporary right-wing critics of judicial power, and you are virtually assured of seeing repeated complaints about the “imperial judiciary.” American conservatives contend not only that judicial power has expanded dangerously in recent decades, but that liberal judges now willfully write their policy preferences into law. They raise alarms that American courts possess a degree of power incompatible with t...
The Law of Strangers
Fourteen leading scholars explore the lives of seven of the most famous Jewish lawyers in the history of international law.
