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Legislation and Regulation
This casebook is specifically designed for a first-year class on Legislation & Regulation, and provides a proven, ready-to-use set of materials for schools or instructors interested in introducing such a class to their 1L curriculum. This book is based on the materials used in Harvard Law School's 1L Legislation and Regulation course, which has rapidly become one of the most popular and effective courses in Harvard's 1L curriculum, and one of the most successful experiments in introducing statutory and regulatory law and principles into the first year. The book integrates material on statutory interpretation and regulatory law in a single text, and presents this material in a way that is acc...
Legislation and Regulation
The updated casebook, Manning and Stephenson's Legislation and Regulation, 2d, is designed for a first-year class on Legislation & Regulation, and provides a proven, ready-to-use set of materials for those interested in introducing such a class to their 1L curriculum. The book focuses on the tools and methods of interpreting legal texts, using Supreme Court and other appellate decisions as the primary texts, yet the note material gently introduces students to applicable insights from political science, history, economics, and philosophy. The book aims to familiarize students with tools and techniques that lawyers and judges use when crafting legal arguments in statutory or regulatory contexts, and to give students a sense of the larger questions of institutional design implicated by these interpretive questions.
Medieval Wales c.1050-1332
After outlining conventional accounts of Wales in the High Middle Ages, this book moves to more radical approaches to its subject. Rather than discussing the emergence of the March of Wales from the usual perspective of the ‘intrusive’ marcher lords, for instance, it is considered from a Welsh standpoint explaining the lure of the March to Welsh princes and its contribution to the fall of the native principality of Wales. Analysis of the achievements of the princes of the twelfth and thirteenth centuries focuses on the paradoxical process by which increasingly sophisticated political structures and a changing political culture supported an autonomous native principality, but also facilitated eventual assimilation of much of Wales into an English ‘empire’. The Edwardian conquest is examined and it is argued that, alongside the resultant hardship and oppression suffered by many, the rising class of Welsh administrators and community leaders who were essential to the governance of Wales enjoyed an age of opportunity. This is a book that introduces the reader to the celebrated and the less well-known men and women who shaped medieval Wales.
Constitutionalism and a Right to Effective Government?
Nations around the world are facing various crises of ineffective government. Basic governmental functions—protecting rights, preventing violence, and promoting material well-being—are compromised, leading to declines in general welfare, in the enjoyment of rights, and even in democracy itself. This innovative collection, featuring analyses by leaders in the fields of constitutional law and politics, highlights the essential role of effective government in sustaining democratic constitutionalism. The book explores “effective government” as a right, principle, duty, and interest, situating questions of governance in debates about negative and positive constitutionalism. In addition to providing new conceptual approaches to the connections between rights and governance, the volume also provides novel insights into government institutions, including courts, legislatures, executives, and administrative bodies, as well as the media and political parties. This is an essential volume for anyone interested in constitutionalism, comparative law, governance, democracy, the rule of law, and rights.
The Executive Unbound
Ever since Arthur M. Schlesinger Jr. used "imperial presidency" as a book title, the term has become central to the debate about the balance of power in the U.S. government. Since the presidency of George W. Bush, when advocates of executive power such as Dick Cheney gained ascendancy, the argument has blazed hotter than ever. Many argue the Constitution itself is in grave danger. What is to be done? The answer, according to legal scholars Eric Posner and Adrian Vermeule, is nothing. In The Executive Unbound, they provide a bracing challenge to conventional wisdom, arguing that a strong presidency is inevitable in the modern world. Most scholars, they note, object to today's level of executi...
Corruption and the Lava Jato Scandal in Latin America
Corruption and the Lava Jato Scandal in Latin America brings together key international and interdisciplinary perspectives to shine new light on Lava Jato, or Operation Car Wash, Latin America’s largest corruption scandal to date. Since 2014, this scandal has unfolded in surprising ways to expose collusion between construction companies and state officials in Brazil and 11 other countries. The corruption uncovered amounts in the order of hundreds of millions of dollars in bribes and billions of dollars in stolen state funds. The volume features evidence that the main construction company at the center of the scandal was—apparently—deliberate about seeking business in corrupt markets. I...
Harvard Law Review
The Harvard Law Review is offered in a digital edition for ereaders, featuring active Contents, linked footnotes, legible tables, and proper ebook formatting. This current issue of the Review is November 2012, the first issue of academic year 2012-2013 (Volume 126). The November issue is the special annual review of the Supreme Court’s previous term. Each year, the issue is introduced by noteworthy andextensive articles from recognized scholars. In this issue, the Foreword is authored by Pamela Karlan, on “democracy and disdain.” Extensive Comments by Gillian Metzger and Martha Minow explore the Supreme Court’s decision on the Affordable Health Care Act and Chief Justice Roberts’s reasoning, while Stephanos Bibas discusses the gray market of plea bargaining and the potential involvement of neutral judges in the process. In addition, the first issue of each new volume provides an extensive summary of the important cases of the previous Supreme Court docket, covering a wide range of legal, political and constitutional subjects.
The Litigation State
Of the 1.65 million lawsuits enforcing federal laws over the past decade, 3 percent were prosecuted by the federal government, while 97 percent were litigated by private parties. When and why did private plaintiff-driven litigation become a dominant model for enforcing federal regulation? The Litigation State shows how government legislation created the nation's reliance upon private litigation, and investigates why Congress would choose to mobilize, through statutory design, private lawsuits to implement federal statutes. Sean Farhang argues that Congress deliberately cultivates such private lawsuits partly as a means of enforcing its will over the resistance of opposing presidents. Farhang...
