|Academic Freedom at American Universities: Constitutional Rights, Professional Norms, and Contractual Duties
KF4242 .L44 2015
This book details the legal and historical development of institutional and professorial academic freedoms to better understand the relationship between these concepts. While some judges and scholars have focused on the divergence of these protections, this book articulates an aligned theory that brings both the professorial and institutional theories together. It argues that while constitutionally based academic freedom does its job in protecting both public and private universities from excessive state interference, or at the very least it asks the right questions, it is inadequate because it fails to protect many individual professors in the same way. This solution entails using contract law to fill in the gaps that constitutional law leaves open in regard to protecting individual professors.
|By Order of the President: The Use and Abuse of Executive Direct Action
Cooper, Phillip J.
Scholars and citizens alike have endlessly debated the proper limits of presidential action within our democracy. In this revised and expanded edition, noted scholar Phillip Cooper offers a cogent guide to these powers and shows how presidents from George Washington to Barack Obama have used and abused them in trying to realize their visions for the nation.
As Cooper reveals, there has been virtually no significant policy area or level of government left untouched by the application of these presidential “power tools.” Whether seeking to regulate the economy, committing troops to battle without a congressional declaration of war, or blocking commercial access to federal lands, presidents have wielded these powers to achieve their goals, often in ways that seem to fly in the face of true representative government. Cooper defines the different forms these powers take—executive orders, presidential memoranda, proclamations, national security directives, and signing statements—demonstrates their uses, critiques their strengths and dangers, and shows how they have changed over time.
|The Entrepreneurial State: Debunking Public vs. Private Sector Myths
This new bestseller from leading economist Mariana Mazzucato – named by the ‘New Republic’ as one of the ‘most important innovation thinkers’ today – is stirring up much-needed debates worldwide about the role of the State in innovation. Debunking the myth of a laggard State at odds with a dynamic private sector, Mazzucato reveals in case study after case study that in fact the opposite situation is true, with the private sector only finding the courage to invest after the entrepreneurial State has made the high-risk investments. Case studies include examples of the State’s role in the ‘green revolution’, in biotech and pharmaceuticals, as well as several detailed examples from Silicon Valley. In an intensely researched chapter, she reveals that every technology that makes the iPhone so ‘smart’ was government funded: the Internet, GPS, its touch-screen display and the voice-activated Siri. Mazzucato also controversially argues that in the history of modern capitalism the State has not only fixed market failures, but has also shaped and created markets, paving the way for new technologies and sectors that the private sector only ventures into once the initial risk has been assumed.
|Judging Judges: Values and the Rule of Law
Whitehead, Jason E.
Judging Judges refocuses and elevates the debate over judges and the rule of law by showing that personal and professional values matter. Jason E. Whitehead demonstrates that the rule of law depends on a socially constructed attitude of legal obligation that spawns objective rules. Intensive interviews of judges reveal the value systems that uphold or undermine the attitude of legal obligation so central to the rule of law. This focus on the social practices undergirding these value systems demonstrates that the rule of law is ultimately a matter of social trust rather than textual constraints. Whitehead’s unique combination of philosophical and empirical investigation is a major advance because it moves beyond the dichotomy of law or politics and shows that the rule of law is a shared social enterprise involving all of society—judges, politicians, scholars, and ordinary citizens alike. Judging Judges’ attention to judicial values establishes judges’ true worth in a liberal democracy.
|Just Mercy: A Story of Justice and Redemption
Bryan Stevenson was a young lawyer when he founded the Equal Justice Initiative, a legal practice dedicated to defending those most desperate and in need: the poor, the wrongly condemned, and women and children trapped in the farthest reaches of our criminal justice system. One of his first cases was that of Walter McMillian, a young man who was sentenced to die for a notorious murder he insisted he didn’t commit. The case drew Bryan into a tangle of conspiracy, political machination, and legal brinksmanship—and transformed his understanding of mercy and justice forever.
Just Mercy is at once an unforgettable account of an idealistic, gifted young lawyer’s coming of age, a moving window into the lives of those he has defended, and an inspiring argument for compassion in the pursuit of true justice.
|The Legacy of Ruth Bader Ginsburg
KF8745.G56 .L44 2015
Ruth Bader Ginsburg is a legal icon. In more than fifty years as a lawyer, professor, appellate judge, and associate justice of the U.S. Supreme Court, Ginsburg has influenced the law and society in real and permanent ways. This book chronicles and evaluates the remarkable achievements Ruth Bader Ginsburg has made over the past half century. Including chapters written by prominent court watchers and leading scholars from law, political science, and history, it offers diverse perspectives on an array of doctrinal areas and on different time periods in Ginsburg’s career. Together, these perspectives document the impressive — and continuing — legacy of one of the most important figures in modern law.
|No Day in Court: Access to Justice and the Politics of Judicial Retrenchment
Staszak, Sarah L.
No Day in Court examines the sustained efforts of political and legal actors to scale back access to the courts in the decades since it was expanded, largely in the service of the rights revolution of the 1950s and 1960s. Since that time, for political, ideological, and practical reasons, a multifaceted group of actors have attempted to diminish the role that courts play in American politics. Although the conventional narrative of backlash focuses on an increasingly conservative Supreme Court, Congress, and activists aiming to constrain the developments of the Civil Rights era, there is another very important element to this story, in which access to the courts for rights claims has been constricted by efforts that target the “rules of the game:” the institutional and legal procedures that govern what constitutes a valid legal case, who can be sued, how a case is adjudicated, and what remedies are available through courts. These more hidden, procedural changes are pursued by far more than just conservatives, and they often go overlooked. No Day in Court explores the politics of these strategies and the effect that they have today for access to justice in the U.S.
|Sport and the Law: Historical and Cultural Intersections
KF3989 .S65 2014
This new collection examines not only how athletes looked to the nation’s judicial system to solve conflicts but also how their cases transformed the interpretation of laws. These essays examine a vast array of social and legal controversies including Heywood v. NBA (1971), which allowed any player to enter the draft; Flood v. Kuhn (1972), which considered baseball’s antitrust status; the Danny Gardella lower level 1948 case regarding free agency and baseball; Muhammad Ali’s celebrated stance against the U.S. draft; Renée Richards’s 1976 lawsuit against the U.S. Tennis Association and its due process ramifications; and human rights violations in international law with respect to the increased recruitment of underage Latin baseball players in the Caribbean region are a few examples of the vast array of stories included. Sport and the Law links these cases to other cases and topics, giving the reader the opportunity to see the threads weaving law and sport together in American society.
|U.S. Legal Practice Skills for International Law Students
Burr, Anne M.
U.S. Legal Practice Skills for International Law Students is ideal for training international law students in the fundamental practice skills utilized by U.S. lawyers. It functions as a “global legal skills academy” for international students who have or are currently studying American substantive law, but desire a deeper understanding of legal practice basics such as professional responsibility, problem solving, interviewing and counseling, negotiation styles, and law firm and courtroom culture. It focuses on those practice skills necessary to perform the tasks common to international law students and lawyers working with American corporations, law firms, and individual American clients: drafting memoranda, contracts, and correspondence. For international students familiar with their own legal systems, the book systematically explains such distinctive elements of American common law as a dual court system, stare decisis, case synthesis, and case law reasoning.
|The View from the Bench and Chambers Examining Judicial Process and Decision Making on the U.S. Courts of Appeals
Bowie, Jennifer Barnes
For most of their history, the U.S. courts of appeals have toiled in obscurity, well out of the limelight of political controversy. But as the number of appeals has increased dramatically, while the number of cases heard by the Supreme Court has remained the same, the courts of appeals have become the court of last resort for the vast majority of litigants. This enhanced status has been recognized by important political actors, and as a result, appointments to the courts of appeals have become more and more contentious since the 1990s. This combination of increasing political salience and increasing political controversy has led to the rise of serious empirical studies of the role of the courts of appeals in our legal and political system.
At once building on and contributing to this wave of scholarship, The View from the Bench and Chambers melds a series of quantitative analyses of judicial decisions with the perspectives gained from in-depth interviews with the judges and their law clerks.
|A World without Privacy: What Law Can and Should Do?
KF1262 .W67 2015
Recent revelations about America’s National Security Agency offer a stark reminder of the challenges posed by the rise of the digital age for American law. These challenges refigure the meaning of autonomy and the meaning of the word “social” in an age of new modalities of surveillance and social interaction, as well as new reproductive technologies and the biotechnology revolution. Each of these developments seems to portend a world without privacy, or at least a world in which the meaning of privacy is radically transformed, both as a legal idea and a lived reality. Each requires us to rethink the role that law can and should play in responding to today’s threats to privacy. Can the law keep up with emerging threats to privacy? Can it provide effective protection against new forms of surveillance? This book offers some answers to these questions. It considers several different understandings of privacy and provides examples of legal responses to the threats to privacy associated with new modalities of surveillance, the rise of digital technology, the excesses of the Bush and Obama administrations, and the continuing war on terror.