Wrongful Discrimination? Religious Freedom, Pluralism, and Equality, in Religious Freedom and Gay Rights: Emerging Conflicts in the United States and Europe 67 (Timothy Shah, Thomas Farr and Jack Friedman eds., 2016).
It will be suggested in this chapter that this tension might be lessened, or at least better managed, if citizens and lawmakers thought more carefully about when and why "discrimination" is wrong and about the moral and constitutional limits on governments' efforts to prevent and remedy, in the name of equality, wrongful discrimination. It will also be proposed that what Pope Emeritus Benedict XVI and others have called "healthy secularity" provides a way of thinking about these matters that is attractive, promising, and appropriately appreciative of pluralism.
Sources and the Legality and Validity of International Law: Natural Law as Source of Extra-Positive Norms
Mary Ellen O'Connell and Caleb M. Day
Sources and the Legality and Validity of International Law: Natural Law as Source of Extra-Positive Norms, in The Oxford Handbook on the Sources of International Law 562-580 (Samantha Besson & Jean D’Aspremont eds., 2017).
Anthony J. Bellia
This exciting book by Anthony J. Bellia is a unique collection of legal and scholarly materials intended for use in a range of courses, including Constitutional Law, Federalism, Federalism History, Federalism Theory, and Comparative Federalism. The first book of its kind, Federalism spans traditional subject areas, which allows a deeper and richer treatment of the subject.
- Considers federalism questions across subject areas
- Transcends lines drawn by courses such as Constitutional Law, Federal Courts, and Civil Procedure
- Enables fuller and richer treatment of the subject of federalism
- Includes primary historical and theoretical sources relating to legal development and enduring questions
- Increases understanding of constitutional doctrine and fosters interdisciplinary learning
- Presents foundational materials useful for a range of courses on federalism
Anthony J. Bellia and Bradford R. Clark
The Law of Nations and the United States Constitution offers a new lens through which anyone interested in constitutional governance in the United States should analyze the role and status of customary international law in U.S. courts. The book explains that the law of nations has not interacted with the Constitution in any single overarching way. Rather, the Constitution was designed to interact in distinct ways with each of the three traditional branches of the law of nations that existed when it was adopted--namely, the law merchant, the law of state-state relations, and the law maritime. By disaggregating how different parts of the Constitution interacted with different kinds of international law, the book provides an account of historical understandings and judicial precedent that will help judges and scholars more readily identify and resolve the constitutional questions presented by judicial use of customary international law today. Part I describes the three traditional branches of the law of nations and examines their relationship with the Constitution. Part II describes the emergence of modern customary international law in the twentieth century, considers how it differs from the traditional branches of the law of nations, and explains why its role or status in U.S. courts requires an independent, context-specific analysis of its interaction with the Constitution. Part III assesses how both modern and traditional customary international law should be understood to interact with the Constitution today.
The International Survey of Family Law is the International Society of Family Law's annual review of developments in family law across the world. The 2017 edition covers developments in over 20 countries written by leading academics and family law experts. Each article is accompanied by a French language abstract. The 2017 Survey contains contributions from a diverse selection of countries where there have been important developments in family law, including: Pro-Active Child Protection in Scotland; The Future of the Family in Puerto Rico; The Approach of the Netherlands and South Africa to the Issue of Surrogacy; Cohabitation in China; Marital Property Regimes in Albania; Marriage by Foreign Nationals to Mauritian Citizens; Adoption Law Reform in South Korea [Subject: Family Law]
Edmund P. Edmonds and Frank G. Houdek
Baseball and law have intersected since the primordial days. In 1791, a Pittsfield, Massachusetts, ordinance prohibited ball playing near the town's meeting house. Ball games on Sundays were barred by a Pennsylvania statute in 1794.
In 2015, a federal court held that baseball's exemption from antitrust laws applied to franchise relocations. Another court overturned the conviction of Barry Bonds for obstruction of justice. A third denied a request by rooftop entrepreneurs to enjoin the construction of a massive video screen at Wrigley Field.
This exhaustive chronology traces the effects the law has had on the national pastime, both pro and con, on and off the field, from the use of copyright to protect not only equipment but also "Take Me Out to the Ball Game" to frequent litigation between players and owners over contracts and the reserve clause. The stories of lawyers like Kenesaw Mountain Landis and Branch Rickey are entertainingly instructive.
Jimmy Gurule and Geoffrey S. Corn
This new casebook provides a comprehensive examination and analysis of the inherent tension between the Constitution and select national security policies, and explores the multiple dimensions of that conflict. Specifically, this first edition explores key points where constitutional law directs or restricts the development of national security policy, its implementation, and oversight. Each chapter focuses on critically important precedents, offering targeted questions following each case to assist students in identifying key concepts to draw from the primary sources. Offering students a comprehensive yet focused treatment of key national security law concepts, National Security Law and the Constitution is well suited for a course that is as much an advanced “as applied” constitutional law course as it is a national security law course, as well as for use in advanced international relations and national security policy courses.
- The text offers students a comprehensive yet focused treatment of key national security law concepts.
- Each chapter focuses on critically important precedents, offering targeted questions following each case to assist students in identifying key concepts to draw from the primary sources.
- The chapters also use text boxes to illustrate key principles with historical events, and to highlight important issues, rules, and principles closely related to the primary sources.
- Text is divided into five parts: The Constitutional Framework, War Powers and Military Force, Crime and National Security, Information and National Security, and Other National Security Responses
Bruce R. Huber
Temporal Spillovers, in Environmental Law and Economics 43 (Klaus Mathis and Bruce R. Huber eds., 2017)
For decades, the discipline of law and economics in the U.S. has offered a broader perspective to the analysis of legislation and jurisdiction compared to the European countries. While this is due to [a] number of reasons, this article emphasizes the importance of the different legal cultures, offering analyses of the British, French, German, and European legal framework. Although these differences seem to be rooted in structural differences and thus may persist for some time, there are areas of overlapping interests and similar approaches of applying methods of law and economics. The article focuses on these tendencies and offers a deeper analysis in the area of environmental protection.
Bruce R. Huber and Klaus Matthis
This anthology discusses important issues surrounding environmental law and economics and provides an in-depth analysis of its use in legislation, regulation and legal adjudication from a neoclassical and behavioural law and economics perspective.
Environmental issues raise a vast range of legal questions: to what extent is it justifiable to rely on markets and continued technological innovation, especially as it relates to present exploitation of scarce resources? Or is it necessary for the state to intervene? Regulatory instruments are available to create and maintain a more sustainable society: command and control regulations, restraints, Pigovian taxes, emission certificates, nudging policies, etc. If regulation in a certain legal field is necessary, which policies and methods will most effectively spur sustainable consumption and production in order to protect the environment while mitigating any potential negative impact on economic development? Since the related problems are often caused by scarcity of resources, economic analysis of law can offer remarkable insights for their resolution.
Part I underlines the foundations of environmental law and economics. Part II analyses the effectiveness of economic instruments and regulations in environmental law. Part III is dedicated to the problems of climate change. Finally, Part IV focuses on tort and criminal law. The twenty-one chapters in this volume deliver insights into the multifaceted debate surrounding the use of economic instruments in environmental regulation in Europe.
Klaus Mathis and Bruce R. Huber
This anthology discusses important issues surrounding environmental law and economics and provides an in-depth analysis of its use in legislation, regulation and legal adjudication from a neoclassical and behavioral law and economics perspective.
Part I underlines the foundations of environmental law and economics.
Part II analyses the effectiveness of economic instruments and regulations in environmental law.
Part III is dedicated to the problems of climate change.
Part IV focuses on tort and criminal law.
The twenty-one chapters in this volume deliver insights into the multifaceted debate surrounding the use of economic instruments in environmental regulation in Europe.
Mary Ellen O'Connell
Law, Theology, and Aesthetics: Identifying the Sources of Authority, in Theology as Interdisciplinary Inquiry: Learning with and from the Natural and Human Sciences 112 (Robin W. Lovin and Joshua Mauldin eds., 2017).
This discussion of law, theology, and aesthetics will use a method that reflects the interdisciplinary discussions between law and theology in CTI's (The Center of Theological Inquiry) Inquiry on Law and Religious Freedom. The aim is to forge a new path to resolving ancient issues that developed with the separation of two once closely related disciplines, law and religion. In answering the question "Why should law have the power to command obedience of those subject to the law?" this essay will reflect on religious, aesthetic, and other answers, arguing for aesthetics as the approach that can bridge the long separation of law and religion in the West. Aesthetics is a compelling common source of insight to support the flourishing of humanity in community and in the natural world. (p.113-114)
In the book, leading scholars in ethics, theology, and social science sum up three years of study and conversation regarding the value of interdisciplinary theological inquiry. This is an essential and challenging collection for all who set out to think, write, teach, and preach theologically in the contemporary world.
John P. Burgess
Robin W. Lovin
Mary Ellen O'Connell
Douglas F. Ottati
Matthew J. Barrett and David R. Herwitz
The concise version of the most widely adopted text in the field continues to respond to a demand for a briefer, less detailed casebook that introduces novices to how accounting issues frequently arise in the practice of law. Designed specifically for one- and two-credit hour courses for law students with no accounting background, the text of the Concise Fifth Edition is more than forty percent shorter than the Fifth Edition, so students will find this text less expensive and easier to master. The Concise Fifth Edition offers a broad overview of the field, which its earliest predecessor, the first casebook on accounting law for students, pioneered almost 70 years ago.
Steering Clear of the Twin Shoals of a Rights-Based Morality and a Duty-Based Legality, in Between Rights and Responsibilities: A Fundamental Debate 51 (Stephan Parmentier, Hans Werdmödler and Michaël Merrigan eds., 2016)
The Poverty of a Rights-Based Morality
A Religious Perspective
Affirmative Duties in International Human Rights Instruments
- Universal Declaration of Human Rights
- American Declaration of the Rights and Duties of Man
- African Charter of Human and Peoples' Rights
Duties as Restrictions on Rights
Codifications of Duites
'Horizontal' versus 'Vertical' Duties
Human Rights in a Globalising Economy: Rights and Responsibilities of Trade Unions, in Between Rights and Responsibilities: A Fundamental Debate 113 (Stephan Parmentier, Hans Werdmödler and Michaël Merrigan eds., 2016).
Unions as Beneficiaries of Human Rights Protection
The 'Traditional' Role of Trade Unions
The Importance for Unions to Perform a Broader Role
Are Trade Unions Fulfilling their Responsibility?
The Way Ahead
Equality and Religious Liberty: Oppressing Conscientious Diversity in England, in Religious Freedom and Gay Rights: Emerging Conflicts in the United States and Europe 21 (Timothy Shah, Thomas Farr, and Jack Friedman eds., 2016).
"When these analyses and reflections were first drafted, in 2012, the stories they focused upon outlined a situation ominous for conscience, religion, and civil liberty. By the time they were supplemented and completed in 2015, the stories had almost all ended badly, and the outlines of an oppressive new settlement had been etched deeply into English law and civil society. Oppression in the name of equality and diversity sharply attacks those very values, even as it deepens the other wounds it inflicts on the substance of our common good and the sustainability of our people." (21)
Richard W. Garnett
The Freedom of the Church:(Toward) and Exposition, Translation, and Defense, in The Rise of Corporate Religious Liberty (Micah Schwartzman, Chad Flanders, & Zoe Robinson, eds., 2016)
This chapter is part of a collection that reflects the increased interest in, and attention to, the corporate, communal, and institutional dimensions of religious freedom. In addition to summarizing and re-stating claims made by the author in earlier work – claims having to do with, among other things, church-state separation, the no-establishment rule, legal and social pluralism, and the structural role played by religious and other institutions – the Article responds to several leading lines of criticism and attempts to strengthen the argument that the idea of “the freedom of the church” (or something like it) is not a relic or anachronism but instead remains a crucial component of any plausible and attractive account of religious freedom under and through constitutionally limited government. It also includes suggestions for some workable and – it is hoped – faithful translations of it for use in present-day cases, doctrine, and conversations.
The Article’s proposal is that “the freedom of the church” is still-important, even if very old, idea. It is not entirely out of place – even if it does not seem to fit neatly – in today’s constitutional-law and law-and-religion conversations. If it can be retrieved and translated, then it should, not out of nostalgia or reaction, but so that the law will better identify and protect the things that matter.
Mary Ellen O'Connell
The Limited Necessity of Resort to Force, in Imagining Law: Essays in Conversation with Judith Gardam 37 (Dale Stephens and Paul Babie eds., 2016).
"In this contribution to the volume in her honour, I propose to revisit her discussion of necessity in the jus ad bellum in large part to respond to recent interest in characterising necessity as a lawful basis for the resort to armed force." (37)
"The discussion begins with an overview of the general law on resort to force, then turns to a full focus on necessity. The principle of necessity is found in a number of international l aw categories with a distinctive meaning in each. Keeping the various meanings and histories separate is a challenge to scholars. In the area of resort to force, the principle of necessity is a restriction on force; it does not and cannot permit military force. In other categories of international law, necessity may provide a defence to otherwise unlawful action, such as imposition of a trade barrier, but not to the otherwise unlawful resort to military force. The conclusion here is that proposals to expand the right to use force by claiming necessity appear to be based on either a faulty understanding of necessity or faulty reasoning about the legal regime on the use of force. Gardam's analysis of over a decade ago remains solid and astute." (38)
Jay Tidmarsh, Thomas D. Rowe Jr., and Suzanna Sherry
The 2016 Statutory and Case Supplement brings the casebook up-to-date, noting new developments in a short introductory section. Because the supplement also includes edited versions of the most important new cases, as well as the Federal Rules of Civil Procedure, the Constitution, and relevant statutes, it can be used with any civil procedure casebook.
Christine Venter and Valerie K. Vojdik
United States v. Virginia, 518 US 515 (1996), in Feminist Judgments: Rewritten Opinions of the United States Supreme Court 384 (Kathryn M. Stanchi, Linda L. Berger, and Bridget J. Crawford eds., 2016)
- Commentary by Christine Venter
- Judgment by Valerie K. Vojdik
What would United States Supreme Court opinions look like if key decisions on gender issues were written with a feminist perspective? Feminist Judgments brings together a group of scholars and lawyers to rewrite, using feminist reasoning, the most significant US Supreme Court cases on gender from the 1800s to the present day. The twenty-five opinions in this volume demonstrate that judges with feminist viewpoints could have changed the course of the law. The rewritten decisions reveal that previously accepted judicial outcomes were not necessary or inevitable and demonstrate that feminist reasoning increases the judicial capacity for justice. Feminist Judgments opens a path for a long overdue discussion of the real impact of judicial diversity on the law as well as the influence of perspective on judging.
- Contains contributions from more than 50 feminist scholars and lawyers, so readers will learn about feminist reasoning from experienced writers and thinkers
- People interested in the Supreme Court, politics, feminism and women's studies will gain from varied and informed perspectives through a feminist lens
Matthew J. Barrett and David R. Herwitz
This fifth edition of the most widely adopted text in the field demonstrates to novices how accounting issues interrelate with the legal profession. In an effort to make accounting as understandable as possible, this book uses a "learn by doing" approach, including: Illustrative financial statements from Starbucks Corporation Multiple problems using the financial statements from Amazon.com, Inc., Google Inc., and United Parcel Service, Inc. Designed for the law student with no accounting background, the fifth edition can also enable students with previous accounting experience to appreciate better how accounting concepts and financial statements affect legal issues. The first section of each chapter, entitled "Importance to Lawyers," explains how the topics discussed in that chapter affect the practice of law.
Paolo G. Carozza, Vittoria Barsotti, Marta Cartabia, and Andrea Simoncini
Italian Constitutional Justice in Global Context is the first book ever published in English to provide an international examination of the Italian Constitutional Court (ItCC), offering a comprehensive analysis of its principal lines of jurisprudence, historical origins, organization, procedures, and its current engagement with transnational European law. The ItCC represents one of the strongest and most successful examples of constitutional judicial review, and is distinctive in its structure, institutional dimensions, and well-developed jurisprudence. Moreover, the ItCC has developed a distinctive voice among global constitutional actors in its adjudication of a broad range of topics from fundamental rights and liberties to the allocations of governmental power and regionalism. Nevertheless, in global constitutional dialog, the voice of the ItCC has been almost entirely absent due to a relative lack of both English translations of its decisions and of focused scholarly commentary in English.
This book describes the "Italian Style" in global constitutional adjudication, and aims to elevate Italian constitutional jurisprudence to an active participant role in global constitutional discourse. The authors have carefully structured the work to allow the ItCC's own voice to emerge. It presents broad syntheses of major areas of the Court's case law, provides excerpts from notable decisions in a narrative and analytical context, addresses the tension between the ItCC and the Court of Cassation, and positions the development, character, and importance of the ItCC's jurisprudence in the larger arc of global judicial dialog.
The role of the ILO in the international labour law regime -- Substantive content of the core labour rights -- Enforcement mechanisms outside the ILO -- Reflections on core labour rights and the future of international labour law.
This is section 6 from a symposium called "Recent Developments in Employment Law" hosted by the Indiana Continuing Legal Education Forum, December 10, 2015.
Richard W. Garnett
Chief Justice Rehnquist: Religious Freedom, and the Constitution, in The Constitutional Legacy of William H. Rehnquist 1 (Bradford P. Wilson ed., 2015)
It might not have been foreseen that William Rehnquist would have a marked influence on the Supreme Court’s interpretation, construction, and application of the First Amendment’s Religion Clauses. And yet, he certainly did. Kent Greenawalt wrote that Rehnquist – or, more precisely, the “Rehnquist Court” – “turned the constitutional law of religion upside down.” “[W]e have moved,” he reported, “from expansive readings of both of the religion clauses to narrow readings of the Free Exercise Clause and of very important aspects of the Establishment Clause.” It is suggested in this paper that in facilitating and guiding the “move[s]” identified by Greenawalt, Rehnquist for the most part “turned the constitutional law of religion” right-side up, rather than “upside down.” He left the Court’s Religion Clauses doctrine better than it was before, that is, better rooted in the Constitution’s text, history, structure, and values than it was when he joined the Court. In any event, that the “move[s]” happened, and that they happened in no small part because of him, seems beyond dispute. Rehnquist was able, for the most part, to exercise both judicial humility in the face of politically accountable actors’ attempts to deal with debatable questions of policy and morality – including most of the questions that arise in free-exercise and non-establishment cases – and careful review of measures and actions that might compromise the structural integrity of our Constitution. This paper’s appreciative review of his contributions to the Court’s Religion Clauses doctrine will, it is hoped, serve as a reminder that cases involving tension or collision between political and religious authority implicate the “first principles” of our constitutional experiment no less than those involving federal interference with the states’ appropriate functions or regulatory overreach by Congress.
Jimmy Gurule, Geoffrey Corn, Eric Jensen, and Peter Marguiles
This unique new concise treatise provides a highly accessible but also comprehensive and timely supplement for students studying National Security Law. Written by a team of experts in the field, this treatise serves as a useful supplement for the substantively rich but often overwhelming National Security Law texts currently on the market.
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