-
The International Legal System: Cases and Materials, 7th ed
Mary Ellen O'Connell, Richard F. Scott, Naomi Roht-Arriaza, and Daniel D. Bradlow
The world of international law continues to grow and change at an accelerated pace. The International Legal System, 7th edition captures the critical developments for law students as they prepare for the global legal marketplace.
Important additions include expanded treatment of international environmental law in a new chapter; updates on international legal theory; expanded coverage of cyber law; new cases on jurisdiction ranging from the International Court of Justice’s Jurisdictional Immunity of the State to the U.S. Supreme Court’s Kiobel v. Shell; the latest results of international trade talks, and new cases at the intersection of armed conflict and human rights.
Professor Daniel Bradlow has joined the book following his tenure with the South African Reserve Bank. He and his co-authors are uniquely equipped to carry forward the book’s enduring strength: Investigating the inter-linkages of international, national, and regional law. -
On Solidarity in International Law
Paolo G. Carozza and Luigi Crema
The scope of this reflection is on the actual and possible function of the concept of solidarity in international law. The discussion has both a descriptive aim, to examine the place of solidarity within international law today, and a normative aim that looks at the desirable evolution of this concept. Although increasingly invoked in the international sphere generally, the concept of solidarity has an uncertain status in international law. Despite having a longer history especially in Christian thought and certain earlier juridical and political antecedents (some quite contradictory to its use today), its advent in international law is relatively new. Solidarity today could be understood in the abstract as a basic observable condition of the international environment, as a principle of international law, as a (human) right, or as a fundamental moral value. Seen from within the practical experience of international law today, it is best understood as a relatively weak legal principle, which rarely if ever outweighs the international legal system’s continuing foundation in the principles of sovereignty and state consent. Solidarity does, however, have stronger underpinnings as a moral value. The place of solidarity in Catholic social teaching deepens our understanding of the possible significance of subsidiarity in the international legal system. In Catholic thought, subsidiarity is both a virtue and a moral principle that calls all men and women to commit themselves “to the good of all and of each individual.” It is closely related to charity and fraternity, and finds its fullest expression in gratuitousness, or freedom. This in turn leads to a need to reconcile solidarity with the freedom of states in the international sphere, including through the mediating principle of subsidiarity.
-
Comparative Legal Traditions: Text, Materials and Cases on Western Law, 4th ed.
Paolo G. Carozza, Mary Ann Glendon, and Colin B. Picker
From the Publisher
This new edition includes some significant revisions since the last edition was published in 2007. In addition to updating the materials to take into account developments in the law in the examined jurisdictions, the new edition also places discussion of the relevant regional law, for the most part European Union and Council of Europe law, within the examinations of the specific legal systems themselves (more accurately reflecting the realities of operating within those systems). In addition, there are updates and addition to the in-depth chapters focusing on discrete comparative problems and exercises.
-
Supreme Court Cases 2013–14 Term
Barbara Fick
This is section 6 from a symposium called "Recent Developments in Employment Law" hosted by the Indiana Continuing Legal Education Forum, December 16, 2014.
-
Lost Classroom, Lost Community: Catholic Schools' Importance in Urban America
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. -
Philosophical Foundations of Fiduciary Law
Andrew S. Gold (ed.) and Paul B. Miller (ed.)
From the Publisher
Fiduciary law is a critically important body of law. Fiduciary duties ensure the integrity of a remarkable variety of relationships, institutions, and organizations. They apply to relationships of great personal significance, including in some jurisdictions the relationship between parents and children. They structure a wide variety of commercial relationships, and they are essential to the regulation of relationships between professional service providers and their clients, including relationships between lawyer and client, doctor and patient, and investment manager and client. Fiduciary duties, perhaps uniquely in private law, challenge traditional ways of marking the boundaries between private and public law, inasmuch as they figure prominently in public governance. Indeed, there is even a storied tradition of thinking of the authority of the state in fiduciary terms. Notwithstanding its importance, fiduciary law has been woefully under-analyzed by legal theorists. Filling this gap with a series of chapters by leading theorists, this book includes chapters on: the nature of fiduciary relationships, the connection between fiduciary duties and morality, the content and significance of fiduciary loyalty, the economic significance of fiduciary law, the application of fiduciary principles to public law and international law, the import of fiduciary relationships to theories of authority, and various other fundamental topics in the field. In many cases, the book’s chapters raise new and important questions. Indeed, this book not only offers a much-needed theoretical assessment of fiduciary topics, it defines the field going forward, setting an agenda for future philosophical study of fiduciary law.
-
Contraception & Persecution
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.
-
The Attorney's Guide to the Seventh Circuit Court of Appeals, 5th ed.
Stephen E. Arthur and Kenneth F. Ripple
Co-editors: Honorable Kenneth F. Ripple and Laura A. Kaster
-
Regional Protection of Human Rights, 2d edition
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, 3rd ed.
Jimmy Gurule
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.
-
International Criminal Law: Cases and Materials
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.
-
Intellectual Property and the Common Law
Mark McKenna
Book Chapter
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.
-
The Law of Biodiversity and Ecosystem Management
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.
-
Right or Wrong? 40 Years Inside Notre Dame
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.
-
Cases and Materials in Juvenile Law
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.
-
Class Actions: Five Principles To Promote Fairness and Efficiency
Jay Tidmarsh
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.
-
The Law of Electronic Surveillance
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.
-
Challenges to Religious Liberty in the Twenty-First Century
Gerard V. Bradley
Scholars in law, theology and political theory exchange views on five specific challenges to religious liberty in the twenty-first century.
- The establishment clause and the ''problem of the church" / Steven D. Smith
- Dueling clios : Stevens and Scalia on the original meaning of the establishment clause / Gerard V. Bradley
- Coercian and religious exercises / Kent Greenawalt
- Religious freedom and (and in) institutions / Richard W. Garnett
- Free exercise, religious conscience, and the common good / Christopher Wolfe
- Conscience, religion, and the state / Christopher Tollefsen
- Globalization and the free exercise of religion worldwide / Jose Casanova
- The irony of a globalizing future : economics, technology, identity, and religious liberty / William Inboden
- A foreign policy of religious freedom : theoretical and evidentiary foundations / Daniel Philpott
- International religious freedom and moral responsibility / Thomas Farr
-
Law, Person, and Community: Philosophical, Theological, and Comparative Perspectives on Canon Law
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 -
Legal Responses to Religious Practices in the United States
Richard W. Garnett
Book Chapter
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.
-
First Amendment Stories
Richard W. Garnett and Andrew Koppelman
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.
Introduction. The many paths to neutrality / Richard W. Garnett and Andrew Koppelman
The story of the Sedition act of 1798: "the reign of witches" / Geoffrey R. Stone
Schism, plague, and last rites in the French Quarter: the strange story behind the Supreme Court's first free exercise case / Michael W. McConnell
The story of Masses Publishing Co. v. Patten: Judge Learned Hand, First Amendment prophet / James Weinstein
The story of West Virginia State Board of Education v. Barnette: the Pledge of Allegiance and the freedom of thought / Vincent Blasi and Seana V. Shiffrin
The Story of Burstyn v. Wilson / Gerard V. Bradley
"Things that are not Caesar's": the story of Kedroff v. St. Nicholas Cathedral / Richard W. Garnett
The story of the school prayer decisions: civil religion under assault / Thomas C. Berg
The story of New York Times Co. v. Sullivan / Mary-Rose Papandrea
The story of Pickering v. Bd. of Education : unconstitutional conditions and public employment / Paul M. Secunda
The story of Welsh v. United States: Elliott Welsh's two religious tests / Andrew Koppelman
Red Lion Broadcasting Co. v. FCC: a different perspective on the First Amendment cathedral / Lillian R. BeVier
The nine lives of Buckley v. Valeo / Richard L. Hasen
The story of FCC v. Pacifica Foundation (and its second life) / Adam M. Samaha
The story of Tinker v. Des Moines to Morse v. Frederick: similar stories of different student speech with different results / Scott A. Moss
The stories in Lukumi: of sacrifice and rebirth / Kenneth L. Karst
Of football, "footnote one," and the counter-jurisdictional establishment clause: the story of Santa Fe Independent School District v. Doe / Paul Horwitz
The story of the Ten Commandments cases: Van Orden v. Perry and McCreary County v. ACLU / Jesse H. Choper
-
International Criminal Law Documents Supplement, 4th ed.
Jimmy Gurule, Jordan J. Paust, Bruce Zagaris, Leila Sadat, Michael P. Scharf, and M. Cherif Bassiouni
This Documents Supplement accompanies the casebook International Criminal Law, fourth edition (2013). It is the most thorough compilation of documents available for classroom use with respect to international criminal law and related aspects of more general international law and human rights law. It is the first documents supplement to contain the Arab Charter on Human Rights and the Amendment to the Rome Statute of the ICC with respect to the Crime of Aggression.
-
Religious Liberty in Western and Islamic Law: Toward a World Legal Tradition
Kristine Kalanges
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.
-
Law's Virtues: Fostering Autonomy and Solidarity in American Society
Cathleen Kaveny
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.
Printing is not supported at the primary Gallery Thumbnail page. Please first navigate to a specific Image before printing.
