Download or read book A Power to Do Justice written by Bradin Cormack and published by University of Chicago Press. This book was released on 2009-10-15 with total page 423 pages. Available in PDF, EPUB and Kindle. Book excerpt: English law underwent rapid transformation in the sixteenth century, in response to the Reformation and also to heightened litigation and legal professionalization. As the common law became more comprehensive and systematic, the principle of jurisdiction came under particular strain. When the common law engaged with other court systems in England, when it encountered territories like Ireland and France, or when it confronted the ocean as a juridical space, the law revealed its qualities of ingenuity and improvisation. In other words, as Bradin Cormack argues, jurisdictional crisis made visible the law’s resemblance to the literary arts. A Power to Do Justice shows how Renaissance writers engaged the practical and conceptual dynamics of jurisdiction, both as a subject for critical investigation and as a frame for articulating literature’s sense of itself. Reassessing the relation between English literature and law from More to Shakespeare, Cormack argues that where literary texts attend to jurisdiction, they dramatize how boundaries and limits are the very precondition of law’s power, even as they clarify the forms of intensification that make literary space a reality. Tracking cultural responses to Renaissance jurisdictional thinking and legal centralization, A Power to Do Justice makes theoretical, literary-historical, and methodological contributions that set a new standard for law and the humanities and for the cultural history of early modern law and literature.

Download or read book Political Theology written by Paul W. Kahn and published by Columbia University Press. This book was released on 2012 with total page 226 pages. Available in PDF, EPUB and Kindle. Book excerpt: Annotation In a text innovative in both form and substance, Kahn forces an engagement with Schmitt's four chapters, offering a new version of each that is responsive to the American political imaginary.

Download or read book Living Originalism written by Jack M. Balkin and published by Harvard University Press. This book was released on 2011-11-29 with total page 481 pages. Available in PDF, EPUB and Kindle. Book excerpt: Originalism and living constitutionalism, so often understood to be diametrically opposing views of our nation’s founding document, are not in conflict—they are compatible. So argues Jack Balkin, one of the leading constitutional scholars of our time, in this long-awaited book. Step by step, Balkin gracefully outlines a constitutional theory that demonstrates why modern conceptions of civil rights and civil liberties, and the modern state’s protection of national security, health, safety, and the environment, are fully consistent with the Constitution’s original meaning. And he shows how both liberals and conservatives, working through political parties and social movements, play important roles in the ongoing project of constitutional construction. By making firm rules but also deliberately incorporating flexible standards and abstract principles, the Constitution’s authors constructed a framework for politics on which later generations could build. Americans have taken up this task, producing institutions and doctrines that flesh out the Constitution’s text and principles. Balkin’s analysis offers a way past the angry polemics of our era, a deepened understanding of the Constitution that is at once originalist and living constitutionalist, and a vision that allows all Americans to reclaim the Constitution as their own.

Download or read book Public Health Law and Ethics written by Lawrence O. Gostin and published by Univ of California Press. This book was released on 2002-06-27 with total page 556 pages. Available in PDF, EPUB and Kindle. Book excerpt: A collection of articles and documents designed as a companion to Gostin's textbook, American Public Health Law.

Download or read book Guilty People written by Abbe Smith and published by Rutgers University Press. This book was released on 2020-01-17 with total page 217 pages. Available in PDF, EPUB and Kindle. Book excerpt: Criminal defense attorneys protect the innocent and guilty alike, but, the majority of criminal defendants are guilty. This is as it should be in a free society. Yet there are many different types of crime and degrees of guilt, and the defense must navigate through a complex criminal justice system that is not always equipped to recognize nuances. In Guilty People, law professor and longtime criminal defense attorney Abbe Smith gives us a thoughtful and honest look at guilty individuals on trial. Each chapter tells compelling stories about real cases she handled; some of her clients were guilty of only petty crimes and misdemeanors, while others committed offenses as grave as rape and murder. In the process, she answers the question that every defense attorney is routinely asked: How can you represent these people? Smith’s answer also tackles seldom-addressed but equally important questions such as: Who are the people filling our nation’s jails and prisons? Are they as dangerous and depraved as they are usually portrayed? How did they get caught up in the system? And what happens to them there? This book challenges the assumption that the guilty are a separate species, unworthy of humane treatment. It is dedicated to guilty people—every single one of us.

Download or read book The Rule of Five written by Richard J. Lazarus and published by Belknap Press. This book was released on 2020 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: A renowned Supreme Court advocate tells the inside story of Massachusetts v. EPA, the landmark case that made it possible for the EPA to regulate greenhouse gasses--from the Bush administration's fierce opposition, to the internecine conflicts among the petitioners, to the razor-thin 5-4 victory.

Download or read book The Impossible State written by Wael B. Hallaq and published by Columbia University Press. This book was released on 2012-11-20 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: Wael B. Hallaq boldly argues that the "Islamic state," judged by any standard definition of what the modern state represents, is both impossible and inherently self-contradictory. Comparing the legal, political, moral, and constitutional histories of premodern Islam and Euro-America, he finds the adoption and practice of the modern state to be highly problematic for modern Muslims. He also critiques more expansively modernity's moral predicament, which renders impossible any project resting solely on ethical foundations. The modern state not only suffers from serious legal, political, and constitutional issues, Hallaq argues, but also, by its very nature, fashions a subject inconsistent with what it means to be, or to live as, a Muslim. By Islamic standards, the state's technologies of the self are severely lacking in moral substance, and today's Islamic state, as Hallaq shows, has done little to advance an acceptable form of genuine Shari'a governance. The Islamists' constitutional battles in Egypt and Pakistan, the Islamic legal and political failures of the Iranian Revolution, and similar disappointments underscore this fact. Nevertheless, the state remains the favored template of the Islamists and the ulama (Muslim clergymen). Providing Muslims with a path toward realizing the good life, Hallaq turns to the rich moral resources of Islamic history. Along the way, he proves political and other "crises of Islam" are not unique to the Islamic world nor to the Muslim religion. These crises are integral to the modern condition of both East and West, and by acknowledging these parallels, Muslims can engage more productively with their Western counterparts.

Download or read book Eternally Vigilant written by Lee C. Bollinger and published by University of Chicago Press. This book was released on 2018-06-01 with total page 341 pages. Available in PDF, EPUB and Kindle. Book excerpt: While freedom of speech has been guaranteed us for centuries, the First Amendment as we know it today is largely a creation of the past eighty years. Eternally Vigilant brings together a group of distinguished legal scholars to reflect boldly on its past, its present shape, and what forms our understanding of it might take in the future. The result is a unique volume spanning the entire spectrum of First Amendment issues, from its philosophical underpinnings to specific issues like campaign regulation, obscenity, and the new media. "With group efforts, such as this collection of essays, it is almost inevitable that there will be a couple—and often several—duds among the bunch, or at least a dismaying repetition of ideas. Such is not the case here. . . . Whether one agrees with a given author or not (and it is possible to do both with any of the essays), each has something to add. Overall, Eternally Vigilant is a thoughtful and thought-provoking book, consistently intelligent and, at times, brilliant."—Richard J. Mollot, New York Law Journal Contributors: Lillian R. BeVier Vincent Blasi Lee C. Bollinger Stanley Fish Owen M. Fiss R. Kent Greenawalt Richard A. Posner Robert C. Post Frederick Schauer Geoffrey R. Stone David A. Strauss Cass R. Sunstein

Download or read book Law and Leviathan written by Cass R. Sunstein and published by Harvard University Press. This book was released on 2020-09-15 with total page 209 pages. Available in PDF, EPUB and Kindle. Book excerpt: From two legal luminaries, a highly original framework for restoring confidence in a government bureaucracy increasingly derided as “the deep state.” Is the modern administrative state illegitimate? Unconstitutional? Unaccountable? Dangerous? Intolerable? American public law has long been riven by a persistent, serious conflict, a kind of low-grade cold war, over these questions. Cass Sunstein and Adrian Vermeule argue that the administrative state can be redeemed, as long as public officials are constrained by what they call the morality of administrative law. Law and Leviathan elaborates a number of principles that underlie this moral regime. Officials who respect that morality never fail to make rules in the first place. They ensure transparency, so that people are made aware of the rules with which they must comply. They never abuse retroactivity, so that people can rely on current rules, which are not under constant threat of change. They make rules that are understandable and avoid issuing rules that contradict each other. These principles may seem simple, but they have a great deal of power. Already, without explicit enunciation, they limit the activities of administrative agencies every day. But we can aspire for better. In more robust form, these principles could address many of the concerns that have critics of the administrative state mourning what they see as the demise of the rule of law. The bureaucratic Leviathan may be an inescapable reality of complex modern democracies, but Sunstein and Vermeule show how we can at last make peace between those who accept its necessity and those who yearn for its downfall.

Download or read book Data Privacy Law written by Paul M. Schwartz and published by MICHIE. This book was released on 1996 with total page 520 pages. Available in PDF, EPUB and Kindle. Book excerpt: Studies data privacy law in the USA in the light of the principles of the EC Directive on the Protection of Individuals with Regard to the Processing of Personal Data and on the Free Movement of Such Data (1995).

Download or read book Public Health Law written by Lawrence O. Gostin and published by Univ of California Press. This book was released on 2000 with total page 524 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first comprehensive treatment of public health law by the nation's leading expert in the field. In his research and teaching, Gostin has defined the field of public health law; this book represents the culmination of his research and thinking on the subject.

Download or read book Tangled Up in Blue written by Rosa Brooks and published by Penguin. This book was released on 2021-02-09 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: Named one of the best nonfiction books of the year by The Washington Post “Tangled Up in Blue is a wonderfully insightful book that provides a lens to critically analyze urban policing and a road map for how our most dispossessed citizens may better relate to those sworn to protect and serve.” —The Washington Post “Remarkable . . . Brooks has produced an engaging page-turner that also outlines many broadly applicable lessons and sensible policy reforms.” —Foreign Affairs Journalist and law professor Rosa Brooks goes beyond the "blue wall of silence" in this radical inside examination of American policing In her forties, with two children, a spouse, a dog, a mortgage, and a full-time job as a tenured law professor at Georgetown University, Rosa Brooks decided to become a cop. A liberal academic and journalist with an enduring interest in law's troubled relationship with violence, Brooks wanted the kind of insider experience that would help her understand how police officers make sense of their world—and whether that world can be changed. In 2015, against the advice of everyone she knew, she applied to become a sworn, armed reserve police officer with the Washington, DC, Metropolitan Police Department. Then as now, police violence was constantly in the news. The Black Lives Matter movement was gaining momentum, protests wracked America's cities, and each day brought more stories of cruel, corrupt cops, police violence, and the racial disparities that mar our criminal justice system. Lines were being drawn, and people were taking sides. But as Brooks made her way through the police academy and began work as a patrol officer in the poorest, most crime-ridden neighborhoods of the nation's capital, she found a reality far more complex than the headlines suggested. In Tangled Up in Blue, Brooks recounts her experiences inside the usually closed world of policing. From street shootings and domestic violence calls to the behind-the-scenes police work during Donald Trump's 2016 presidential inauguration, Brooks presents a revelatory account of what it's like inside the "blue wall of silence." She issues an urgent call for new laws and institutions, and argues that in a nation increasingly divided by race, class, ethnicity, geography, and ideology, a truly transformative approach to policing requires us to move beyond sound bites, slogans, and stereotypes. An explosive and groundbreaking investigation, Tangled Up in Blue complicates matters rather than simplifies them, and gives pause both to those who think police can do no wrong—and those who think they can do no right.

Download or read book The Georgetown Law Journal written by and published by . This book was released on 1917 with total page 414 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The Original Meaning of the Fourteenth Amendment written by Randy E. Barnett and published by Harvard University Press. This book was released on 2021-11-02 with total page 489 pages. Available in PDF, EPUB and Kindle. Book excerpt: A renowned constitutional scholar and a rising star provide a balanced and definitive analysis of the origins and original meaning of the Fourteenth Amendment. Adopted in 1868, the Fourteenth Amendment profoundly changed the Constitution, giving the federal judiciary and Congress new powers to protect the fundamental rights of individuals from being violated by the states. Yet, according to Randy Barnett and Evan Bernick, the Supreme Court has long misunderstood or ignored the original meaning of the amendmentÕs key clauses, covering the privileges and immunities of citizenship, due process of law, and the equal protection of the laws. Barnett and Bernick contend that the Fourteenth Amendment was the culmination of decades of debates about the meaning of the antebellum Constitution. Antislavery advocates advanced arguments informed by natural rights, the Declaration of Independence, and the common law. They also utilized what is today called public-meaning originalism. Although their arguments lost in the courts, the Republican Party was formed to advance an antislavery political agenda, eventually bringing about abolition. Then, when abolition alone proved insufficient to thwart Southern repression and provide for civil equality, the Fourteenth Amendment was enacted. It went beyond abolition to enshrine in the Constitution the concept of Republican citizenship and granted Congress power to protect fundamental rights and ensure equality before the law. Finally, Congress used its powers to pass Reconstruction-era civil rights laws that tell us much about the original scope of the amendment. With evenhanded attention to primary sources, The Original Meaning of the Fourteenth Amendment shows how the principles of the Declaration eventually came to modify the Constitution and proposes workable doctrines for implementing the key provisions of Section 1 of the Fourteenth Amendment.

Download or read book The Catholic Tradition of the Law of Nations written by John Eppstein and published by The Lawbook Exchange, Ltd.. This book was released on 2012-04 with total page 548 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Catholic Tradition of the Law of Nations is a well-edited collection of annotated documents illustrating the Church's doctrine regarding war and peace and its opinion of such topics as the League of Nations, nationality and minority rights. Valuable for its insights into the history, doctrine and traditions of Catholic thought on international law, it includes important papal writings that are difficult to locate and otherwise unavailable in English. Published for the Carnegie Endowment for International Peace by the Catholic Association for International Peace. Reprint of the sole edition. "Being somewhat familiar with the Catholic tradition and an outspoken advocate of the Catholic conception of international law, the reviewer feels no hesitancy in recommending unreservedly Mr. Eppstein's excellent compendium of The Catholic Tradition of the Law of Nations." --JAMES BROWN SCOTT, Georgetown Law Journal 24 (1935-1936) 1063 JOHN EPPSTEIN [1895-1988] was the author of numerous books on Catholicism and human rights, including Catholics and the Problem of Peace (1925), Code of International Ethics (1953) and The Cult of Revolution of the Church (1974).

Download or read book Anderson V Laird written by and published by . This book was released on 1970 with total page 30 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Global Health Law written by Lawrence O. Gostin and published by Harvard University Press. This book was released on 2014-03-31 with total page 461 pages. Available in PDF, EPUB and Kindle. Book excerpt: The international community has made great progress in improving global health. But staggering health inequalities between rich and poor still remain, raising fundamental questions of social justice. In a book that systematically defines the burgeoning field of global health law, Lawrence Gostin drives home the need for effective global governance for health and offers a blueprint for reform, based on the principle that the opportunity to live a healthy life is a basic human right. Gostin shows how critical it is for institutions and international agreements to focus not only on illness but also on the essential conditions that enable people to stay healthy throughout their lifespan: nutrition, clean water, mosquito control, and tobacco reduction. Policies that shape agriculture, trade, and the environment have long-term impacts on health, and Gostin proposes major reforms of global health institutions and governments to ensure better coordination, more transparency, and accountability. He illustrates the power of global health law with case studies on AIDS, influenza, tobacco, and health worker migration. Today's pressing health needs worldwide are a problem not only for the medical profession but also for all concerned citizens. Designed with the beginning student, advanced researcher, and informed public in mind, Global Health Law will be a foundational resource for teaching, advocacy, and public discourse in global health.