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God(S)Over Constitution
This book analyzes the movement from ethnic or nationalist constitutions to transnational constitutionalism, and focuses on the rise of theocratic systems challenging the orthodoxy of the secular post-World War II supra-constitutionalist project. Author Larry Catá Backer provides a new and unique framework for understanding this new constitutionalism, and proposes a more useful way of understanding the great conflicts between the secular and theocratic approaches to it.
Introduction to the Law and Legal System of the United States
Based on insights from years of teaching first-year law students, foreign lawyers, and students of politics and policy, this problem-oriented book guides students through a comprehensive study of the United States legal system. The book starts with the conceptual framework of US law. It then guides students through the distinct sub-systems that in the aggregate constitute law in the United States: common law, equity, statutes, administrative regulations, and public-private hybrid governance. In each case it guides students through what makes each sub-system distinct with respect to its forms and practices. The student is then guided to the relationship between law and the institutions of government that create and administer law, and the legal structures for the administration of law in the United States, including the relationship between national and local law, between US and international law and legal obligations, and the extent of the power of legislatures and the people to make law. Drawing these materials together, the last section considers the role of the courts in the application of law: judicial review, methodologies of interpretation, and legitimacy.
Comparative Corporate Law
This book studies the systems regulating the relationships between the primary participants in a corporation -- shareholders, officers, directors -- and the state in the most important commercial regions of the world today. The book focuses on presenting differences in a number of significant areas of corporate governance, specifically, the formal sources of law, and the approach as manifest in actual regulation. The book also explores the ways different systems interact by looking at ways corporations created in one state are recognized and permitted to function in other states. Comparative Corporate Law studies the differences between systems to determine the extent to which those differen...
Signs In Law - A Source Book
This volume provides a critical roadmap through the major historical sources of legal semiotics as we know them today. The history of legal semiotics, now at least a century old, has never been written (a non-event itself pregnant with semiotic possibility). As a consequence, its sources are seldom clearly exposed and, as word, object and meaning change, are sometimes lost. They reach from an English translation of the 1916 inaugural lecture of the first Chair in Legal Significs at the Amsterdam University, via mid 20th century studies on “property” or “contract,” to equally fascinating essays on contemporary semiotic problems produced by former students of the Roberta Kevelson Semio...
Lawyers Making Meaning
This book present a structure for understanding and exploring the semiotic character of law and law systems. Cultivating a deep understanding for the ways in which lawyers make meaning—the way in which they help make the world and are made, in turn by the world they create —can provide a basis for consciously engaging in the work of the law and in the production of meaning. The book first introduces the reader to the idea of semiotics in general and legal semiotics in particular, as well as to the major actors and shapers of the field, and to the heart of the matter: signs. The second part studies the development of the strains of thinking that together now define semiotics, with attention being paid to the pragmatics, psychology and language of legal semiotics. A third part examines the link between legal theory and semiotics, the practice of law, the critical legal studies movement in the USA, the semiotics of politics and structuralism. The last part of the book ties the different strands of legal semiotics together, and closely looks at semiotics in the lawyer’s toolkit—such as: text, name and meaning.
Cuba's Caribbean Marxism
This book is about ideology in the contemporary world. Ideology serves as the foundation that makes it possible for a political community to develop principles through which it can organize itself by reference to a core baseline against which to understand the world around. This book is also more particularly about Cuba. Cuba serves as an ongoing living experiment in the possibilities of molding individuals and the society along the lines suggested by application of a quite explicit set of grounding principles that form an ideology. Fidelity to ideology within a national context makes it possible to create and operate government, society, politics, and economics that are "good" and against w...
Harmonizing Law in an Era of Globalization
The essays in this book highlight the most important ways in which domestic, international, public, and private legal systems interact with each other. The initial essays provide a theoretical overview of the study of legal harmonization--that is, of the nature and character of communication, accommodation, amalgamation, or resistance among legal systems. These interactions occur within horizontal relationships, between political institutions operating at the same level of authority. Vertical relationships between political institutions whose relationships are hierarchical have given rise to different patterns of interaction. New legal orders are being created through the adoption of interna...
Law and Religion
This book explores the rich field of law and religion in an accessible and balanced way. The Fourth Edition is incredibly up to date, including all major cases decided through Spring 2021, including Espinoza v. Montana Department of Revenue, Our Lady of Guadalupe School v. Morrissey-Berru, the Covid Exemption cases, American Legion v. American Humanist Association, Masterpiece Cakeshop v. Colorado Civil Rights Commission, Trinity Lutheran v. Comer, just to name a few. It addresses the continuing debate over the meaning of the Religion Clauses of the First Amendment and the evolution of church/state Law. The Fourth Edition also updates key issues and developments in religious law systems, in the constitutional approaches to the protection of religious liberties outside the United States, and within the developing jurisprudence of regional and international human rights systems.
