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Judicial Independence in the Age of Democracy
Donald P. Kommers
Book Chapter
Donald P. Kommers, Autonomy Versus Accountability: The German Judiciary, in Judicial Independence in the Age of Democracy 131 (David M. O’Brien & Peter H. Russell eds., 2001)
This collection of essays by leading scholars of constitutional law looks at a critical component of constitutional democracy--judicial independence--from an international comparative perspective. Peter H. Russell's introduction outlines a general theory of judicial independence, while the contributors analyze a variety of regimes from the United States and Latin America to Russia and Eastern Europe, Western Europe and the United Kingdom, Australia, Israel, Japan, and South Africa. Russell's conclusion compares these various regimes in light of his own analytical framework.
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From Contract to Covenant: Beyond the Law and Economics of the Family
Margaret F. Brinig
This book is the first systematic account of the law and economics of the family. It explores the implications of economics for family law--divorce, adoption, breach of promise, surrogacy, prenuptial agreements, custody arrangements--and its limitations.
Before a family forms, prospective partners engage in a kind of market activity that involves searching and bargaining, for which the economic analysis of contract law provides useful insights. Once a couple marries, the individuals become a family and their decisions have important consequences for other parties, especially children. As a result, the state and community have vital interests in the family.
Although it may be rational to breach a contract, pay damages, and recontract when a better deal comes along, this practice, if applied to family relationships, would make family life impossible--as would the regular toting up of balances between the partners. So the book introduces the idea of covenant to consider the role of love, trust, and fidelity, concepts about which economic analysis and contract law have little to offer, but feminist thought has a great deal to add. Although families do break up, children of divorce are still bound to their parents and to each other in powerful ways.
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International Criminal Law: Cases and Materials
Jimmy Gurule, Jordan J. Paust, M. Cherif Bassiouni, Sharon A. Williams, Michael Scharf, and Bruce Zagaris
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Dixon v. Providential Life Insurance Co.: Technology Case File
James H. Seckinger, Frank D. Rothschild, and Edward R. Stein
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Comparative Legal Traditions in a Nutshell, 2d edition
Paolo G. Carozza, Mary Ann Glendon, and Michael Wallace Gordon
An introduction to comparative law written from the American lawyer’s viewpoint rather than that of the European civil law lawyer. This expert discussion concentrates on the three major legal traditions of the West: civil, common, and socialist. Subjects covered include legal structures in civil law nations; legal actors in civil law tradition; procedure; substantive law; sources of law; judicial process; and rules. Also contains chapters on the European Union and the European human rights system.
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Partnership Income Taxation, 3rd ed.
Alan Gunn
This handbook examines partnership tax laws, enabling readers to easily understand specific provisions within a larger context. Some of the topics covered include what constitutes a partnership; partnerships vs. corporations; partnership vs. co-ownership of property; the pass-through principle of partnership taxation; an introduction to partnership debt; allocations of partnership income; transactions between partnerships and their partners; sales of partnership interests; partnership distributions; payments to retiring partners
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The Postwar Transformation of Germany: Democracy, Prosperity and Nationhood
Donald P. Kommers
Book Chapter
Donald P. Kommers, The Changing Nature of the German Rechtsstaat, in The Postwar Transformation of Germany: Democracy, Prosperity and Nationhood 94 (John S. Brady, Beverly Crawford, & Sarah E. Wiliarty eds., 1999).
Donald P. Kommers, Building Democracy: Judicial Review and the German Rechtsstaat, in The Postwar Transformation of Germany: Democracy, Prosperity and Nationhood 94 (John S. Brady, Beverly Crawford, & Sarah E. Wiliarty eds., 1999).
As Germany celebrates the fiftieth anniversary of the founding of the Federal Republic of Germany--the former West Germany-- leading scholars take stock in this volume of the political, social, and economic progress Germany made as it built a democratic political system and a powerful economy, survived the Cold War, and dealt with the challenges of reunification. The contributors address issues such as Germany's response to extremists, the development of a professional civil service, judicial review, the maintenance of the welfare state, the nature of contemporary German nationalism, and Germany's role in the world.
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Supreme Court Under Edward Douglas White 1910-1921
Walter F. Pratt Jr.
This volume chronicles a transformation in American jurisprudence that mirrored the widespread political, economic and social upheavals of the early 20th century. White's tenure coincided with a shift from a rural to an urban society and the emergence of the US as a world
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Fifty Questions on the Natural Law: What It Is and Why We Need It, 2nd ed.
Charles E. Rice
Charles Rice, professor of the jurisprudence of St. Thomas Aquinas for the last twenty years at Notre Dame Law School, presents a very readable book on the natural law as seen through the teachings of Aquinas and their foundations in reason and Revelation. Reflecting on the most persistent questions asked by his students over the years, Rice shows how the natural law works and how it is rooted in the nature of the human person whose Creator provided this law as a sure and knowable guide for man to achieve his end of eternal happiness. This book presents the teachings of the Catholic Church in her role as arbiter of the applications of the natural law on issues involving the right to live, bioethics, the family and the economy. Charles Rice has produced a firmly grounded and accessible handbook which touches on the most important topics regarding natural law that will benefit readers of all backgrounds. "From the editor of the American Journal of Jurisprudence comes a clear, well-crafted exposition of a natural law jurisprudence and its relevance for a society that seems to have lost its moral compass." - Jude Dougherty, Catholic University of America
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Health Law Reader: An Interdisciplinary Approach
John H. Robinson, Roberta M. Berry, and Kevin McDonnell
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Williamson v. Shrackle: Case File
James H. Seckinger, Mooly O'Brien, Kenneth S. Broun, Steven Friedman, and Kevin L. Prins
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Davies on Contract, 8th ed.
Robert Uppex, Geoffrey Bennett, and Jason Chuah
An ideal introduction to the principles of contract law, Davies on Contract breaks the subject down into component parts and provides a short and simple explanation of each key area.
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Rethinking the New Deal Court: The Structure of a Constitutional Revolution
Barry Cushman
This book challenges the prevailing account of the Supreme Court of the New Deal era, which holds that in the spring of 1937 the Court suddenly abandoned jurisprudential positions it had staked out in such areas as substantive due process and commerce clause doctrine. In the conventional view, the impetus for such a dramatic reversal was provided by external political pressures manifested in FDR's landslide victory in the 1936 election, and by the subsequent Court-packing crisis. Author Barry Cushman, by contrast, discounts the role that political pressure played in securing this "constitutional revolution." Instead, he reorients study of the New Deal Court by focusing attention on the internal dynamics of doctrinal development and the role of New Dealers in seizing opportunities presented by doctrinal change.
Recasting this central story in American constitutional development as a chapter in the history of ideas rather than simply an episode in the history of politics, Cushman offers a thoroughly researched and carefully argued study that recharacterizes the mechanics by which laissez-faire constitutionalism unraveled and finally collapsed during FDR's reign. Identifying previously unseen connections between several different lines of doctrine, Rethinking the New Deal Court charts the manner in which Nebbia v. New York's abandonment of the distinction between public and private enterprise hastened the demise of the doctrinal structure in which that distinction had played a central role. As intelligent as it is revisionist, this volume will greatly interest students of legal history, constitutional law, and political
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Aquinas: Moral, Political, and Legal Theory
John M. Finnis
This launch volume in the Founders of Modern Political and Social Thought series presents a critical examination of Aquinas's thought, combining an accessible, historically-informed account of his work with an assessment of his central ideas and arguments. John Finnis presents a richly-documented critical review of Aquinas's thought on morality, politics, law, and method in social science. Unique in his coverage of both primary and secondary texts and his vigorous argumentation on many themes, the author focuses on the philosophy in Aquinas's texts, and demonstrates how this interconnects with the theological elements. Finnis shows how Aquinas, despite some medieval limitations, makes clear and profound contributions to present debates
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Cases, Text and Problems on Federal Income Taxation, 4th ed.
Alan Gunn and Larry D. Ward
Early in the book the students encounter fundamental tax concepts such as basis, case-method, and accrual-method accounting; depreciation; and gain from the sale of property. Later chapters apply these principles in more difficult settings. This organization allows students to develop their understanding of key concepts in simple settings, and then to review and reinforce these concepts. Contains a large number of purposely brief problems and textual notes on tax policy, progressive taxation, preferences for capital gains, the exclusion of gifts and bequests from income, the taxation of life insurance, and the relevance of state law determinations to federal tax disputes.
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American Constitutional Law: Essays, Cases, and Comparative Notes, 1st ed.
Donald P. Kommers
American Constitutional Law: Essays, Cases, and Comparative Notes is a unique casebook that encourages citizens and students of the Constitution to think critically about the fundamental principles and policies of the American constitutional order. In addition to its distinguished authorship, the book has two prominent features that set it apart from other books in the field: an emphasis on the social, political, and moral theory that provides meaning to constitutional law and interpretation, and a comparative perspective that situates the American experience within a world context that serves as an invaluable prism through which to illuminate the special features of our own constitutional order. While the focus of the book is entirely on American constitutional law, the book asks students to consider what, if anything, is unique in American constitutional life and what we share with other constitutional democracies. Each chapter is preceded by an introductory essay that highlights these major themes and also situates the cases in their proper historical and political contexts. This new edition offers updated and expanded treatment of a number of important and timely topics including, the death penalty, privacy, affirmative action, and school segregation.
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Pilgrim Law
Robert E. Rodes Jr.
This text presents a general theory of law based on the principles of liberation theology. Robert Rodes also points out the compatibility of this theology with traditional doctrines of natural law and traditional Catholic social teaching.
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Evidence in Context: A Trial Evidence Workbook
James H. Seckinger, Robert P. Burns, and Steven Lubet
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Property Law: Cases, Materials, and Problems
Thomas L. Shaffer, Sandra H. Johnson, Peter W. Salsich Jr., and Michael Braunstein
Materials cover property law concepts and doctrine that will lead students to appreciate the challenges of property law practice and public policy issues. Both the materials on professional responsibility and ADR are focused toward allowing the teacher to use them to reinforce substantive legal principles while introducing students to important questions in law practice. The chapter on easements, covenants, and servitudes, as in the past, is organized around the principle that these relationships are variations on a common theme. Provides effective, teachable materials and gives professors emphasis and coverage flexibility.
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