Nicole Stelle Garnett and Margaret F. Brinig
In the past two decades in the United States, more than 1,600 Catholic elementary and secondary schools have closed, and more than 4,500 charter schools—public schools that are often privately operated and freed from certain regulations—have opened, many in urban areas. With a particular emphasis on Catholic school closures, Lost Classroom, Lost Community examines the implications of these dramatic shifts in the urban educational landscape.
More than just educational institutions, Catholic schools promote the development of social capital—the social networks and mutual trust that form the foundation of safe and cohesive communities. Drawing on data from the Project on Human Development in Chicago Neighborhoods and crime reports collected at the police beat or census tract level in Chicago, Philadelphia, and Los Angeles, Margaret F. Brinig and Nicole Stelle Garnett demonstrate that the loss of Catholic schools triggers disorder, crime, and an overall decline in community cohesiveness, and suggest that new charter schools fail to fill the gaps left behind.
This book shows that the closing of Catholic schools harms the very communities they were created to bring together and serve, and it will have vital implications for both education and policing policy debates.
Mary Ellen O'Connell
Mary Ellen O'Connell, Banning Autonomous Killing, in The American Way of Bombing: How Legal and Ethical Norms Change 224 (Matthew Evangelista & Henry Shue eds., 2014)
Scientific research on fully autonomous weapons systems is moving rapidly. At the current pace of discovery, such fully autonomous systems will be available to military arsenals within a few decades, if not a few years. These systems operate through computer programs that will both select and attack a target without human involvement after the program is activated. Looking to the law governing resort to military force, to relevant ethical considerations, as well as the practical experience of ten years of killing using unmanned systems (drones), the time is ripe to discuss a major multilateral treaty banning fully autonomous killing. Current legal and ethical principles presume a human conscience bearing on decisions to kill. Fully autonomous systems will have the capacity to remove a human conscience not only to extreme distance from a target -- as drones do now -- but also to remove the human conscience from the target in time. The computer of a fully autonomous system may be programmed years before a lethal operation is carried out. Without nearer term decisions by human beings, accountability becomes problematic and without accountability, the capacity of law and ethics to restrain is lost.
Charles E. Rice and Steve Mosher
“Contraceptive sex,” wrote social science researcher Mary Eberstadt in 2012, “is the fundamental social fact of our time.” In this important and pointed book, Charles E. Rice, of the Notre Dame Law School, makes the novel claim that the acceptance of contraception is a prelude to persecution. He makes the striking point that contraception is not essentially about sex. It is a First Commandment issue: Who is God? It was at the Anglican Lambeth Conference of 1930 when for the first time a Christian denomination said that contraception could ever be a moral choice. The advent of the Pill in the 1960s made the practice of contraception practically universal. This involved a massive displacement of the Divine Law as a normative measure of conduct, not only on sex but across the board. Nature abhors a vacuum. The State moved in to occupy the place formerly held by God as the ultimate moral Lawgiver. The State put itself on a collision course with religious groups and especially with the Catholic Church, which continues to insist on that traditional teacher. A case in point is the Obama Regime’s Health Care Mandate, coercing employees to provide, contrary to conscience, abortifacients and contraceptives to their employees. The first chapter describes that Mandate, which the Catholic bishops have vowed not to obey. Rice goes on to show that the duty to disobey an unjust law that would compel you to violate the Divine Law does not confer a general right to pick and choose what laws you will obey. The third chapter describes the “main event,” which is the bout to determine whether the United States will conform its law and culture to the homosexual (LGBTQ) lifestyle in all its respects. “The main event is well underway and LGBTQ is well ahead on points.” Professor Rice follows with a clear analysis of the 2013 Supreme Court decision on same-sex marriage. Part II presents some “underlying causes” of the accelerating persecution of the Catholic Church. The four chapter headings in this part outline the picture: The Dictatorship of Relativism; Conscience Redefined; The Constitution: Moral Neutrality; and The Constitution: Still Taken Seriously? The answer to the last question, as you might expect, is: No. Part III, the controversial heart of the book, presents contraception as “an unacknowledged cause” of persecution. The first chapter argues that contraception is not just a “Catholic issue.” The next chapter describes the “consequences” of contraception and the treatment of women as objects. The third chapter spells out in detail the reality that contraception is a First Commandment issue and that its displacement of God as the ultimate moral authority opened the door for the State to assume that role, bringing on a persecution of the Church. The last chapter, “A Teaching Untaught,” details the admitted failure of the American Catholic bishops to teach Pope Paul VI’s 1968 encyclical, Humanae Vitae. But Rice offers hope that the bishops are now getting their act together Part IV offers as a “response” to the persecution of the Church three remedies: Speak the Truth with clarity and charity; Trust God; and, most important, Pray. As the last sentence in the book puts it: “John Paul II wrote in a letter to U.S. bishops in 1993: ‘America needs much prayer – lest it lose its soul.’” This readable and provocative book is abundantly documented with a detailed index of names and subjects.
Avishalom Tor, The Market, the Firm, and Behavioral Antitrust, in The Oxford Handbook of Behavioral Economics and the Law 539 (Eyal Zamir & Doron Teichman eds., 2014)
This chapter examines the main distinct concerns facing the application of empirical behavioral evidence to antitrust law and economics — also known as "behavioral antitrust." More than many (though not all) other legal fields, antitrust law is primarily concerned with the conduct of firms in markets rather than in individual behavior per se. Yet much of the empirical evidence that behavioral antitrust draws on concerns individual behavior outside the firm, often in non-market settings. Hence besides adducing additional, direct empirical evidence on behavioral phenomena within firms and markets, there is a need to determine when and how the behavioral evidence on human judgment and decision behavior more generally is informative for antitrust. To this end, the chapter considers the ways in which markets and firms shape behavior. Direct evidence and theoretical analysis both reveal these institutions variously to facilitate rationality and deviations from it. After illustrating the implications of the complex interaction among markets, firms, and the rationality of antitrust actors across different areas of the law and enforcement policy, the chapter concludes by sketching some important open questions and future research directions in behavioral antitrust.
Avishalom Tor, Some Challenges Facing a Behaviorally-Informed Approach to the Directive on Unfair Commercial Practices, in Unfair commercial practices : the long road to harmonized law enforcement 9 (Tihamer Toth ed., 2014)
The directive on Unfair Commercial Practices seeks to protect consumers by prohibiting, inter alia, misleading practices, which are defined as practices that are likely to mislead the average consumer and thereby likely to cause him to take a transactional decision he would not have taken otherwise (directive 2005/29/EC of the European Parliament and of the Council). While determinations of what constitutes average consumer behavior, what misleads consumers, or how consumers make transactional decisions all can be made as a matter of law, based on anecdotal observations, intuitions or theoretical assumptions, an empirical behavioral foundation can put consumer law on firmer ground and increase its efficacy. The Commission in its 2009 guidance explicitly noted, in fact, that the directive sought to take into account knowledge of how consumers actually make decisions in the market, including behavioral economic insights (guidance on the implementation/Application of directive 2005/29/EC on Unfair Commercial Practices). Nevertheless, a closer evaluation of the behavioral literature shows that the task of incorporating behavioral findings in the application of the directive is more complex than it may initially appear. Consumer law should not ignore relevant research findings – empirical and theoretical – on consumer behavior, particularly those regarding systematic and predictable deviations from normative models of strict rationality that scholars have identified. At least at first blush, such findings suggest concerns for consumer law in some situations where the behavior of perfectly rational actors would not have been distorted, say, because relevant product information is readily available. Nonetheless, to apply these findings correctly, consumer law and policy must overcome a number of significant challenges. After offering some background on relevant behavioral findings, these remarks thus focus on two key challenges to a behaviorally-informed approach to the directive: (1) the material distortion challenge of determining which deviations from strict rationality indeed are errors that legitimately concern consumer law; and (2) the average consumer challenge of accounting for the complex effects of consumer laws on a behaviorally-heterogeneous population with a differential susceptibility to different commercial practices.
Stephen E. Arthur and Kenneth F. Ripple
Co-editors: Honorable Kenneth F. Ripple and Laura A. Kaster
Summary of Contents:
- Organization of the Court
- Expedited Appeals, Emergency Appeals, and Temporary Relief Pending Appeal
- Preparing and Filing the Appeal
- Record on Appeal
- Direct Criminal Appeals
- Habeas Corpus: Conflicts Between State and Federal Courts
- In Forma Pauperis Appeals; Appointed Counsel
- Judicial Review of Administrative Decisions
- Motion Practice
- Standards of Review
- The Brief
- Scheduling Oral Argument; Submission Without Oral Argument
- Presenting Oral Argument
- Proceedings After the Argument
- Damages, Double Costs, and Fees
Paolo G. Carozza and Dinah Shelton
What role do human rights play in the development of regional organizations? What human rights obligations do states assume upon joining regional bodies? Regional Protection of Human Rights, Second Edition is the first text of its kind devoted to the European, Inter-American and African systems for the protection of human rights. It illustrates how international human rights law is interpreted and implemented across international organizations and offers examples of political, economic, social problems and legal issues to emphasize the significant impact of international human rights law institutions on the constitutions, law, policies, and societies of different regions.
Regional Protection of Human Rights provides readers with access to the basic documents of each legal system and their inter-relationships, enabling readers to apply those documents to ever-changing global situations, and alerting them to the dynamic nature of regional human rights law and institutions. The jurisprudence of the European and Inter-American Courts and decisions of the Inter-American and African Commissions are emphasized, including decisions on the interpretation and application of various human rights, procedural requirements and remedies. Prospects for regional systems in the Middle East and Asia are also discussed. The relevant basic texts are reproduced in a documentary supplement.
Together, Regional Protection of Human Rights and its accompanying Documentary Supplement provide comprehensive access to the basic documents of each legal system and their inter-relationships, enabling readers to apply those documents to ever-changing global situations, and alerting them to the dynamic nature of regional human rights law and institutions. In addition to serving as a text for courses on human rights law, the book will be useful for courses in international law, international relations, and political science. It is also be a helpful resource for lawyers and policy-makers concerned with the protection of human rights.
Complex Criminal Litigation: Prosecuting Drug Enterprises and Organized Crime provides practitioners and others interested in the federal criminal justice system with a comprehensive analysis of the arsenal of federal laws that provide federal prosecutors the means to combat criminal organizations, their leadership (i.e. the so-called "kingpins") and their infrastructure. These statutes include the Racketeer Influenced and Corrupt Organizations Act (RICO); the Continuing Criminal Enterprise or CCE statute; the Money Laundering Control Act; federal firearms statutes; and criminal and civil forfeiture laws that permit the seizure and forfeiture of the profits and instrumentalities of illegal enterprises. Further, the treatise includes an analysis of the principal legal issues that federal prosecutors and defense attorneys need to consider in handling long-term, complex criminal conspiracies that frequently involve multiple and diverse criminal acts from the rules relating to grand jury secrecy, granting immunity, bail, criminal discovery, and all points in between. Finally, because organized criminal activity respects no national boundaries, the treatise includes a comprehensive discussion of international criminal law, including extraterritorial jurisdiction and extradition. Criminal trial attorneys involved in litigating complex criminal cases will benefit greatly from reading this treatise.
Jimmy Gurule, Jordan J. Paust, Bruce Zagaris, Leila Sadat, Michael P. Scharf, and M. Cherif Bassiouni
The fourth edition has been significantly updated, especially to reflect case trends in the International Criminal Court and the International Criminal Tribunals for Former Yugoslavia and for Rwanda (encompassing, among other matters, individual responsibility, defenses, war crimes, genocide, and other crimes against humanity). Some of the chapters have new sub-subtitles and relevant domestic cases have been added or noted in various chapters. There are also additions to the Documents Supplement.
Mark McKenna, Trademark Law's Faux Federalism, in Intellectual Property and the Common Law 288 (Shyamkrishna Balganesh ed., 2013)
Federal and state trademark laws regulate concurrently: The Lanham Act does not preempt state law, and in fact many states have statutorily and/or judicially developed trademark or unfair competition laws of their own. This state of affairs, which is now well-accepted even if it has not always been uncontroversial, distinguishes trademark law from patent and copyright law, since federal patent and copyright statutes preempt state law much more broadly. The Patent Act entirely preempts state law with respect to non-secret inventions and the 1976 Copyright Act preempts state copyright law with respect to all works fixed in a tangible medium of expression.
According to the common wisdom, concurrent trademark regulation derives from the historical primacy of state law, which federal law later supplemented but did not supplant entirely. John Cross, for example, argues characteristically that the Lanham Act - builds upon a foundation of state-law rights, leaving states generally free to regulate the field of trademarks. This essay evaluates that claim and its implied premise that state law has always played an important role in trademark law. As it demonstrates, proper characterization of state law‘s historical role depends in substantial part on one‘s understanding of the status of general law before the Supreme Court‘s decision in Erie Railroad Co. v. Tompkins.
To illustrate, this essay describes the history of trademark and unfair competition in three periods: (1) the pre-Erie era, in which trademark and unfair competition claims were understood as distinct species of the same general legal right, both of which were substantively determined by the common law; (2) the period after Erie and straddling passage of the Lanham Act, before courts had settled on an interpretation of the statute under which claims for infringement of unregistered trademarks could be brought under §43(a); and (3) the modern era, in which the Supreme Court and Congress have accepted and cemented that interpretation, making it possible to bring most trademark and unfair competition claims under the Lanham Act. It argues that, while state law has technically played a role in all three periods, it has never really played a significant substantive role, except in some cases in the modern era to broaden the scope of rights beyond the federal statute. In fact, the persistent sense that federal and state law regulate concurrently has masked a significant federalization of trademark and unfair competition law over the last forty to fifty years. The reasons for that federalization deserve some scrutiny. If those reasons are persuasive, then we should question any continuing role for state trademark law.
John Copeland Nagle
This law school casebook defines biodiversity, outlines factors in choosing among different policy approaches for it's protection, and finding appropriate levels of administration for implementing those policies. Also features original notes and questions to stimulate class discussion.
Charles E. Rice
In What Happened to Notre Dame? (St. Augustine’s Press, 2009), Charles E. Rice, Professor Emeritus at Notre Dame Law School, traced that university’s loss of Catholic identity to the Land O’Lakes Declaration of 1967 in which Notre Dame and other “Catholic” universities declared their independence from the Church. In fact they substituted for the positive guidance of the Magisterium a counterfeit orthodoxy of political correctness, money, and secular prestige. This book, Right or Wrong, is a compilation of columns Professor Rice wrote for the campus newspaper, The Observer, from 1970 through 2010. Those bi-weekly columns are concise, readable, and practical. They offered the students an access to the authentic teachings of the Church that they might not otherwise get in the politically correct “Catholic” university of Land O’Lakes. Those columns present those teachings, not as abstractions, but as practical guides to real-life issues. Drawing upon his wide experience in constitutional law, jurisprudence, tort, and other areas, Professor Rice tells it like it is on a wide range of issues, including abortion, euthanasia, contraception, homosexuality, pornography, clergy sex abuse, feminism, marriage, bioethics, the death penalty, just war principles, the War on Terror, “Catholic” politicians, etc., etc. He describes Land O’Lakes as a “suicide pact” that has made “Catholic” universities subservient to government, corporate donors, foundations, and the secular educational establishment. Professor Rice, however, goes beyond criticism. He offers a very practical way for Notre Dame to recover its Catholic identity. And he urges that we pray, especially through the intercession of Notre Dame, Our Lady, for her University and for our country.
J. Eric Smithburn
Cases and Materials in Juvenile Law, Second Edition, provides teachers of juvenile law and process with a comprehensive set of course materials to examine both the delinquency and child welfare systems. Arranged in sixteen chapters, the book is roughly divided equally between delinquency and child welfare. There are separate chapters on children's rights in public schools, special advocacy for children, mental health commitment of children, and alternative systems of dispute resolution in children's cases. Each chapter contains notes and questions intended to supplement the material and stimulate discussion. Some chapters contain problems, which put the student in a practical setting to analyze possible legal solutions. The first and last chapters of the book contain material which encourages an examination of the history and philosophical underpinnings of the juvenile court and a critical analysis of the future of the juvenile court. No attempt is made to advocate a blueprint for the juvenile court; rather various possibilities are offered for discussion at the end of term.
In Class Actions : Five Principles To Promote Fairness and Efficiency, Jay Tidmarsh - - a professor of law at the Notre Dame Law School and former trial attorney in the Torts Branch of the U.S. Department of Justice - - presents a summation and critique of class -action law. As class actions continue to evolve in the United States and to spread around the world, it is critical for participants to understand what works and what doesn't work about group litigation, and for legislators and regulators to implement principles to encourage fairness and efficiency for all concerned. In this book, Tidmarsh describes five such principles, which provide a roadmap for improved class -action processes.
Patricia L. Bellia and James G. Carr
The Law of Electronic Surveillance provides objective analysis of issues related to the government's gathering of evidence through electronic devices. Providing more than 2,500 case citations, it covers major developments and important cases. Key topics include: Challenging court-ordered wiretaps; Electronic search warrants; Foreign intelligence surveillance; Suppression of evidence obtained; Voice exemplars and other identification evidence; Electronic surveillance of a defendant s attorney; Legal uses that may be made of evidence obtained from electronic surveillance; Confronting and challenging electronic surveillance; Executing an electronic search; Criminal penalties and civil remedies for illegal electronic surveillance; Electronic surveillance types and legal developments prior to 1968; Title III.
Gerard V. Bradley
Richard W. Garnett, Religious Freedom and (and in) Institutions, in Challenges to Religious Liberty in the Twenty-First Century 71 (Gerard V. Bradley ed., 2012)
Almost everyone today affirms the importance and merit of religious liberty. But religious liberty is being challenged by new questions (for example, use of the niqab or church adoption services for same-sex couples) and new forces (such as globalization and Islamism). Combined, these make the meaning of religious liberty in the twenty-first century uncertain. This collection of essays by ten of the world's leading scholars on religious liberty takes aim at these issues. The book is arranged around five specific challenges to religious liberty today: the state's responsibility to prevent coercion and intimidation of believers by others within the same faith community; the U.S.'s basic moral responsibilities to promote religious liberty abroad; how to understand and apply the traditional right of conscientious objection in today's circumstances; the distinctive problems presented by globalization; and the viability today of an 'originalist' interpretation of the First Amendment religion clauses.
John J. Coughlin
Law, Person, and Community: Philosophical, Theological, and Comparative Perspectives on Canon Law takes up the fundamental question "What is law?" through a consideration of the interrelation of the concepts of law, person, and community. As with the concept of law described by secular legal theorists, canon law aims to set a societal order that harmonizes the interests of individuals and communities, secures peace, guarantees freedom, and establishes justice. At the same time, canon law rests upon a traditional understanding of the spiritual end of the human person and religious nature of community.
The comparison of one of the world's ancient systems of religious law with contemporary conceptions of law rooted in secular theory raises questions about the law's power to bind individuals and communities. Professor John J. Coughlin employs comparative methodology in an attempt to reveal the differing concepts of the human person reflected in both canon law and secular legal theory. Contrasting the contemporary positivistic view of law with the classical view reflected in canon law, Law, Person, and Community discusses the relationship between canon law, theology, and natural law. It also probes the interplay between the metaphysical and historical in the theory of law by an examination of canonical equity, papal authority, and the canon law of marriage. It juxtaposes the assumptions of canon law about church-state relations with those of the modern liberal state as exemplified by U.S. first amendment jurisprudence. No scholarly work has yet addressed this question of how the principles and substance of canon law, both past and present, relate to current issues in legal theory, such as the foundation of human rights and in particular the right of religious freedom for individuals and communities
Richard W. Garnett
Introduction: The Many Paths to Neutrality, in First Amendment Stories 1 (Richard W. Garnett and Andrew Koppelman eds., 2012)
First Amendment Stories goes behind the scenes of landmark, foundational cases involving the fundamental freedoms of speech, religion, and the press. By filling in the details, setting the stage, and presenting fully the context, the text provides readers with a richer understanding of these cases, the people involved in them, and their implications for the future. Considered together, these stories highlight the leading themes and questions that have animated our legal doctrines, and our public conversations, about the conflicts that arise between the power and goals of government, on the one hand, and the liberty and conscience of the individual, on the other. This Stories title will enrich First Amendment courses and help students appreciate the premises that animate the cases and the values that are at stake in religious-liberty and free-speech controversies, rarely captured fully by doctrinal presentations
Richard W. Garnett
Richard W. Garnett, Religious Freedom and the Nondiscrimination Norm, in Legal Responses to Religious Practices in the United States 194 (Austin Sarat ed., 2012)
“Discrimination,” we believe, is wrong. And, because “discrimination” is wrong, we believe that governments like ours – secular, liberal, constitutional governments – may, and should, take regulatory and other steps to prevent, discourage, and denounce it. However, it is not true that “discrimination” is always or necessarily wrong. Nor is it the case that governments always or necessarily should or may regulate or discourage it even when it is. Some wrongs are beyond the authorized reach of government policy; some are too difficult or costly to identify, let alone regulate; others are none of the government’s business.
When we say that “discrimination” is wrong, what we actually mean is that wrongful discrimination is wrong, and when we affirm that governments should oppose it we mean that governments should oppose it when it makes sense, all things considered, and when it is within their constitutionally and morally limited powers to do so. To label a decision or action “discrimination” is simply to note that one factor or another was or will be taken into account in the course of a decision; it is to invite, but not at all to answer, the questions whether that decision or action was or would be wrong, and whether the public authority may or should forbid or discourage it.
The important enterprise of respecting and protecting religious freedom in and through law is closely related, in several ways, to the also-important enterprise of deploying public power to identify, regulate, and discourage wrongful discrimination. It is suggested in this chapter the rhetorical, moral, and legal power of the antidiscrimination norm can sometimes distort or distract our thinking about how we do and should protect religious freedom through law. This is because the near-universal, if sometimes unreflective, conviction that “discrimination” is wrong means that assertions of religious freedom are sometimes heard as requests that the political authorities tolerate a wrong – i.e., “discrimination” – which they would otherwise prohibit, penalize, or discourage. Such requests then raise the question whether it is “worth it” for the authorities to do so – that is, whether doing so would complicate too much the government’s own projects or conflict too glaringly with its values – and so, when they are granted, accommodations are regarded all around as concessions. Sometimes, to be sure, we do and probably should think about legal rights as protecting, or simply tolerating, a liberty to do even the wrong thing (so long as the wrong thing is not too wrong). We should not forget, though, that a dimension of the freedom of religion is, sometimes, precisely the freedom to “discriminate,” and that this freedom should be protected not simply because such discrimination is an all-things-considered tolerable wrong – sometimes it is, sometimes it isn’t – but because it is inextricably tied to a human right and is, sometimes, beyond political authorities’ legitimate reach.
Richard W. Garnett and Andrew Koppelman
Richard W. Garnett, 'Things That Are Not Caesar’s': The Story of Kedroff v. St. Nicholas Cathedral, in First Amendment Stories (2012)
First Amendment Stories goes behind the scenes of landmark, foundational cases involving the fundamental freedoms of speech, religion, and the press. By filling in the details, setting the stage, and presenting fully the context, the text provides readers with a richer understanding of these cases, the people involved in them, and their implications for the future. Considered together, these stories highlight the leading themes and questions that have animated our legal doctrines, and our public conversations, about the conflicts that arise between the power and goals of government, on the one hand, and the liberty and conscience of the individual, on the other. This Stories title will enrich First Amendment courses and help students appreciate the premises that animate the cases and the values that are at stake in religious-liberty and free-speech controversies, rarely captured fully by doctrinal presentations.
In Religious Liberty in Western and Islamic Law: Toward a World Legal Tradition, Kristine Kalanges argues that differences between Western and Islamic legal formulations of religious freedom are attributable, in substantial part, to variations in their respective religious and intellectual histories. Kalanges suggests that while divergence between the two bodies of law challenges the characterization of religious liberty as a universal human right, the "dilemma of religious freedom" - the difficult choice between the universality of religious liberty rights and peaceful co-existence of diverse legal cultures - may yet be transformed through the cultivation of a world legal tradition. This argument is advanced through comparative analysis of human rights instruments from the Western and Muslim worlds, with attention to the legal-political processes by which religious and philosophical ideas have been institutionalized.
Can the law promote moral values even in pluralistic societies such as the United States? Drawing upon important federal legislation such as the Americans with Disabilities Act, legal scholar and moral theologian Cathleen Kaveny argues that it can. In conversation with thinkers as diverse as Thomas Aquinas, Pope John Paul II, and Joseph Raz, she argues that the law rightly promotes the values of autonomy and solidarity. At the same time, she cautions that wise lawmakers will not enact mandates that are too far out of step with the lived moral values of the actual community.
According to Kaveny, the law is best understood as a moral teacher encouraging people to act virtuously, rather than a police officer requiring them to do so. In Law's Virtues Kaveny expertly applies this theoretical framework to the controversial moral-legal issues of abortion, genetics, and euthanasia. In addition, she proposes a moral analysis of the act of voting, in dialogue with the election guides issued by the US bishops. Moving beyond the culture wars, this bold and provocative volume proposes a vision of the relationship of law and morality that is realistic without being relativistic and optimistic without being utopian.
Donald P. Kommers and Russell A. Miller
First published in 1989, The Constitutional Jurisprudence of the Federal Republic of Germany has become an invaluable resource for scholars and practitioners of comparative, international, and constitutional law, as well as of German and European politics. The third edition of this renowned English-language reference has now been fully updated and significantly expanded to incorporate both previously omitted topics and recent decisions of the German Federal Constitutional Court. As in previous editions, Donald P. Kommers and Russell A. Miller's discussions of key developments in German constitutional law are augmented by elegantly translated excerpts from more than one hundred German judicial decisions.
Compared to previous editions of The Constitutional Jurisprudence of the Federal Republic of Germany, this third edition more closely tracks Germany's Basic Law and, therefore, the systematic approach reflected in the most-respected German constitutional law commentaries. Entirely new chapters address the relationship between German law and European and international law; social and economic rights, including the property and occupational rights cases that have emerged from Reunification; jurisprudence related to issues of equality, particularly gender equality; and the tension between Germany's counterterrorism efforts and its constitutional guarantees of liberty. Kommers and Miller have also updated existing chapters to address recent decisions involving human rights, federalism, European integration, and religious liberty.
Nell Jessup Newton, Felix Cohen, and Robert Anderson
Cohen's Handbook of Federal Indian Law is an encyclopedic treatise written by experts in the field, and provides general overviews to relevant information as well as in-depth study of specific areas within this complex area of federal law. This is an updated and revised edition of what has been referred to as the ""bible"" of federal Indian law. This publication focuses on the relationship between tribes, the states and the federal government within the context of civil and criminal jurisdiction, as well as areas of resource management and government structure. The 2012 Edition of Cohen's Handbook of Federal Indian Law also includes coverage of:
• Current topics such as Indian gaming and taxation
• History and structure of tribal governments and tribal law
• Tribal and individual Indian property rights, including intellectual property rights
• Water rights
• Hunting, fishing, and gathering rights
• Economic development issues
• Government programs
Mary Ellen O'Connell
Twenty-first century lawyers practice law in a global village. They represent clients in negotiations for oil concession leases. They attend international treaty negotiations on behalf of sovereign states and environmental NGOs. They act as mediators in international child custody disputes and arbitrators for title to artworks displaced in war. They search the world for the right forum to bring claims for human rights violations, piracy prosecutions, and intellectual property protection. The successful 21st century lawyer is prepared to practice international dispute resolution, and this book is designed to assist in that preparation. It is a comprehensive treatment of the full range of dispute resolution processes, including negotiation, mediation, inquiry, conciliation, arbitration, and adjudication.
The second edition updates and expands the first edition. It includes additional materials on international commercial arbitration as well as recent decisions of the United States Supreme Court, the International Court of Justice and the International Centre for the Settlement of Investment Disputes. New problems have been added and reading lists have been revised. Despite the new additions, the book remains highly teachable in a two or three credit-hour format.
The law book market has many titles on arbitration and transnational litigation. This is the only casebook, however, that introduces students to all of dispute resolution mechanisms available internationally. Lawyers today need this information as much as they need the standard first year required course on civil procedure.
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