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Disqualifying the High Court
Since at least the time of Justinian--under statutes, codes of judicial ethics, and the common law—judges have been expected to recuse themselves from cases in which they might have a stake. The same holds true for the justices of the US Supreme Court. For instance, there were calls for Ruth Bader Ginsburg and Elena Kagan, both of whom had officiated at gay weddings,to recuse themselves from the recent marriage equity case, Obergefell v. Hodges. Even a case like this, where no justice bowed out, reveals what a tricky ethical issue recusal can be. but as Louis J. Virelli demonstrates in this provocative work, recusal at the Supreme Court also presents questions of constitutional power. Disq...
Administrative Law
Administrative law presents two great challenges. One is to keep the course concrete and grounded enough so that students have a practical sense of how to apply a body of law that can seem very hazy and abstract. Another is to help students see how the various pieces of the administrative law puzzle fit together into one coherent whole. This casebook's response to these perennial problems is an extended hypothetical based on a model enabling act, the Wine Trade Commission Act. Each topic in the casebook begins with a problem that requires students to apply doctrines and principles that they draw from the cases, notes, and other source materials that follow. As the semester progresses, studen...
Administrative Law
Administrative law presents two great challenges. One is to keep the course concrete and grounded enough so that students have a practical sense of how to apply a body of law that can seem very hazy and abstract. Another is to help students see how the various pieces of the administrative law puzzle fit together into one coherent whole. This casebook's response to these perennial problems is an extended hypothetical based on a model enabling act, the Wine Trade Commission Act. Each topic in the casebook begins with a problem that requires students to apply doctrines and principles that they draw from the cases, notes, and other source materials that follow. As the semester progresses, studen...
Administrative Law
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Big Copyright Versus the People
Extreme copyright produces extreme consumption: ten hours a day, lost to screens. This book takes back our culture and creativity.
Regulating Judges
Regulating Judges presents a novel approach to judicial studies. It goes beyond the traditional clash of judicial independence versus judicial accountability. Drawing on regulatory theory, Richard Devlin and Adam Dodek argue that judicial regulation is multi-faceted and requires us to consider the complex interplay of values, institutional norms, procedures, resources and outcomes. Inspired by this conceptual framework, the book invites scholars from 19 jurisdictions to describe and critique the regulatory regimes for a variety of countries from around the world.
Incomprehensible!
Explains how the law often encourages actors to be incomprehensible in ways that actually undermine the purpose of the laws themselves.
Game Changers
The first book of its kind to provide an accessible overview of the changes Citizens United brought to political campaigns and political representation, it combines rigorous academic research with many examples of ongoing trends from the campaign trail. Even though campaign finance involves complex legal issues, the book is set up to be engaging for both students of political campaigns and American politics, as well as civically engaged citizens who want to learn more about outside groups and their impact on campaigns and public policy. The book makes the case that Super PACs and dark money groups qualify as game changers of political campaigns not only because of what these groups can do in...
The Constitution of Risk
The Constitution of Risk is the first book to combine constitutional theory with the theory of risk regulation. The book argues that constitutional rulemaking is best understood as a means of managing political risks. Constitutional law structures and regulates the risks that arise in and from political life, such as an executive coup or military putsch, political abuse of ideological or ethnic minorities, or corrupt self-dealing by officials. The book claims that the best way to manage political risks is an approach it calls "optimizing constitutionalism" - in contrast to the worst-case thinking that underpins "precautionary constitutionalism," a mainstay of liberal constitutional theory. Drawing on a broad range of disciplines such as decision theory, game theory, welfare economics, political science, and psychology, this book advocates constitutional rulemaking undertaken in a spirit of welfare maximization, and offers a corrective to the pervasive and frequently irrational attitude of distrust of official power that is so prominent in American constitutional history and discourse.
Climate Justice and Disaster Law
Climate disasters demand an integration of multilateral negotiations on climate change, disaster risk reduction, sustainable development, human rights and human security. Via detailed examination of recent law and policy initiatives from around the world, and making use of a capability approach, Rosemary Lyster develops a unique approach to human and non-human climate justice and its application to all stages of a disaster: prevention; response, recovery and rebuilding; and compensation and risk transfer. She comprehensively analyses the complexities of climate science and their interfaces with the law- and policy-making processes, and also provides an in-depth analysis of multilateral climate change negotiations under the 1992 United Nations Framework Convention on Climate Change.
