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Academic Freedom
David Rabban provides the first comprehensive synthesis of the case law on academic freedom and the First Amendment at American universities. Responding to the judicial decisions and drawing on the justification for academic freedom as a professional norm, he develops a theory of academic freedom as a distinctive First Amendment right.
Encyclopedia of American Civil Liberties
This Encyclopedia on American history and law is the first devoted to examining the issues of civil liberties and their relevance to major current events while providing a historical context and a philosophical discussion of the evolution of civil liberties. Coverage includes the traditional civil liberties: freedom of speech, press, religion, assembly, and petition. In addition, it also covers concerns such as privacy, the rights of the accused, and national security. Alphabetically organized for ease of access, the articles range in length from 250 words for a brief biography to 5,000 words for in-depth analyses. Entries are organized around the following themes: organizations and government bodies legislation and legislative action, statutes, and acts historical overviews biographies cases themes, issues, concepts, and events. The Encyclopedia of American Civil Liberties is an essential reference for students and researchers as well as for the general reader to help better understand the world we live in today.
The Collapse of Freedom of Expression
This book offers a holistic account of the problems posed by freedom of expression in our current times and offers corrective measures to allow for a more genuine exchange of ideas within the global society. The topic of free speech is rarely addressed from a historical, philosophical, or theological perspective. In The Collapse of Freedom of Expression, Jordi Pujol explores both the modern concept of the freedom of expression based on the European Enlightenment and the deficiencies inherent in this framework. Modernity has disregarded the traditional roots of the freedom of expression drawn from Christianity, Greek philosophy, and Roman law, which has left the door open to the various forms...
Freedom and Tenure in the Academy
Van Alstyne presents an "unhurried" historical review of the extent to which academic freedom has been accepted into domestic constitutional law. Two essays deal with the issue of tenure and academic freedom. Ralph S. Brown and Jordan E. Kurland agree that tenure reinforces academic freedom but wonder if there is not a large price to be paid for such a system. In a highly instructive review Matthew Finkin looks at academic tenure and freedom in the light of labor law. Focusing on freedom of artistic expression, Robert O'Neil raises difficult questions about what kinds of art displays taxpayers can be expected to tolerate in the colleges and universities they support. Rodney A. Smolla looks at the ways in which "hate" speech and offensive expression on campuses engage wide First Amendment jurisprudence. Judith Jarvis Thomson examines the vexed issue of selecting - and valuing - individual faculty members or disciplines with regard to ideology. Michael W.
The Dubious Morality of Modern Administrative Law
Modern administrative law has been the subject of intense and protracted intellectual debate, from legal theorists to such high-profile judicial confirmations as those conducted for Supreme Court justices Neil Gorsuch and Brett Kavanaugh. On one side, defenders of limited government argue that the growth of the administrative state threatens traditional ideas of private property, freedom of contract, and limited government. On the other, modern progressives champion a large administrative state that delegates to key agencies in the executive branch, rather than to Congress, broad discretion to implement major social and institutional reforms. In this book, Richard A. Epstein, one of Americaâ...
A Guide to Sources of Information on the National Labor Relations Board
First Published in 2002. Routledge is an imprint of Taylor & Francis, an informa company.
After Roe
Forty years after the U.S. Supreme Court handed down its decision legalizing abortion, Roe v. Wade continues to make headlines. After Roe: The Lost History of the Abortion Debate cuts through the myths and misunderstandings to present a clear-eyed account of cultural and political responses to the landmark 1973 ruling in the decade that followed. The grassroots activists who shaped the discussion after Roe, Mary Ziegler shows, were far more fluid and diverse than the partisans dominating the debate today. In the early years after the decision, advocates on either side of the abortion battle sought common ground on issues from pregnancy discrimination to fetal research. Drawing on archives an...
Access-right
Copyright law has become the subject of general concerns that reach beyond the limited circles of specialists and prototypical rights-holders. The role, scope and effect of copyright mechanisms involve genuinely complex questions. Digitization trends and the legal changes that followed drew those complex matters to the center of an ongoing public debate. In Access-Right: The Future of Digital Copyright Law, Zohar Efroni explores theoretical, normative and practical aspects of premising copyright on the principle of access to works. The impetus to this approach has been the emergence of technology that many consider a threat to the intended operation, and perhaps even to the very integrity, o...
Courts and Comparative Law
A critical analysis of the use of comparative and foreign law by courts across the globe, this book provides an inclusive, coherent, and practical analysis of comparative reasoning in the forensic process.
Do Great Cases Make Bad Law?
Justice Holmes proclaimed that 'great cases, like hard cases make bad law'. He explained that this was so because the 'hydraulic pressures' of the great case tend to distort the judgements of the justices. The purpose of this book is to examine 25 great cases that arose throughout the history of the Supreme Court and to attempt to determine whether Holmes was correct. More particularly, the book discusses the impact that the greatness of the case may have had on its presentation to the Court, the Court's deliberations, the decision, the opinion and the law that was created.
