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Christianity and the Laws of Conscience
This book explores the Christian theological, legal, constitutional, historical, and philosophical meanings of conscience for both scholarly and educated general audiences.
The Constitution of the War on Drugs
In The Constitution of the War on Drugs, David Pozen provides an authoritative, critical constitutional history of the drug war, casting new light on both drug prohibition and U.S. constitutional development. Pozen shows the plausibility of a constitutional path not taken in the 1960s and 1970s--a path that would have led to a less punitive approach to drug control. He explains how and why constitutional resistance to drug prohibition collapsed. And he offers a roadmap to constitutional reform options available today.
A Constitution in Full
When political debates devolve, as they often do these days, into a contest between big-government progressivism and natural rights individualism, Americans tend to appeal to the “self-evident” truths inscribed in the Declaration of Independence and the Constitution. But Peter Lawler and Richard Reinsch remind us that these truths understood in the abstract are untethered from a prior, unwritten constitution presupposed by the Framers—one found in culture, customs, traditions, experiences, and beliefs. A Constitution in Full is Lawler and Reinsch’s attempt to return this critical context to US constitutionalism—to recover a political sense of individualism in relation to country, f...
The Blessings of Liberty
A robust defense of the essential interdependence of human rights and religious freedom from antiquity to the present.
Why We Vote
In Why We Vote, renowned legal scholar Owen Fiss offers a bold and daring reconstruction of judicial doctrine that underscores the US Constitution's commitment to the expansion of democracy. Each chapter points to landmark Supreme Court decisions that have either enhanced the citizens' enjoyment of the right to vote or guaranteed feasible access to the ballot for independent candidates and new political parties. Fiss also shifts the focus from equal protection of the laws to the freedom that democracy generates--the right of those who are ruled to choose their rulers.
Magna Carta and Due Process of Law
Magna Carta and Due Process of Law: The Road to American Judicial Activism provides a superb history of the rise of Parliament and the American Constitution. Unlike other authors covering this topic, Thomas Burrell examines American courts and discusses judicial activism. The due process language in the Magna Carta and English history reveals a strenuous effort to establish and protect participatory government from the arbitrary king ruling by will. In America, the framers of state and federal constitutions copied the language. Courts and common-law constitutionalism, however, rewrote the concept of the language. American courts have championed substantive due process to the detriment of rep...
Human Rights in the Constitutional Law of the United States
In the period since the end of the Second World War, there has emerged what never before existed: a truly global morality. Some of that morality - the morality of human rights - has become entrenched in the constitutional law of the United States. This book explicates the morality of human rights and elaborates three internationally recognized human rights that are embedded in US constitutional law: the right not to be subjected to cruel, inhuman or degrading punishment; the right to moral equality; and the right to religious and moral freedom. The implications of one or more of these rights for three great constitutional controversies - capital punishment, same-sex marriage and abortion - are discussed in-depth. Along the way, Michael J. Perry addresses the question of the proper role of the Supreme Court of the United States in adjudicating these controversies.
Fighting Fraud and Corruption at the World Bank
This book focuses on the World Bank’s sanctions system, which is an innovative instrument of global governance implemented by the leading multilateral development bank in order to impose penalties on legal entities and individuals that are involved in Bank-financed projects. Although similar regimes have also been implemented by other regional multilateral development banks, the World Bank’s legal framework is currently the most comprehensive one. The book offers a rich and detailed analysis of the sanctions system, presenting an in-depth examination of all the phases of its procedure with a special focus on key aspects such as the criteria for assigning liability to legal entities and c...
Rebel Courts
Rebel Courts presents an argument that it is possible for non-state armed groups in situations of armed conflict to legally establish and operate a system of courts to administer justice. Neither the concept of the rule of law nor the general principle of state sovereignty stands in the way of framing an understanding of the rule of law adapted to the reality of rebel governance in the area of justice. Legal standards applicable to non-state armed groups in situations of international or non-international armed conflict, including international humanitarian law, international human rights law, and international criminal law, recognise their authority to regularly constitute or establish non-...
Harvard Law Review: Volume 129, Number 7 - May 2016
The May 2016 issue, Number 7, features these contents: • Article, "The Positive Law Model of the Fourth Amendment," by William Baude and James Y. Stern • Essay, "Deference and Due Process," by Adrian Vermeule • Book Review, "How to Explain Things with Force," by Mark Greenberg • Note, "Free Speech Doctrine After Reed v. Town of Gilbert" Furthermore, student commentary analyzes Recent Cases on the Affordable Care Act and the origination clause; statutory interpretation and the Video Privacy Protection Act; and commercial speech doctrine and the FDA's power to prosecute non-misleading statements after modifying text. Other commentary examines South Carolina's legislative effort to to d...
