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  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.

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  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.

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  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.

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  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.

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  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.

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  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.

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  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.

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  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.

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  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.

  1. The establishment clause and the ''problem of the church" / Steven D. Smith
  2. Dueling clios : Stevens and Scalia on the original meaning of the establishment clause / Gerard V. Bradley
  3. Coercian and religious exercises / Kent Greenawalt
  4. Religious freedom and (and in) institutions / Richard W. Garnett
  5. Free exercise, religious conscience, and the common good / Christopher Wolfe
  6. Conscience, religion, and the state / Christopher Tollefsen
  7. Globalization and the free exercise of religion worldwide / Jose Casanova
  8. The irony of a globalizing future : economics, technology, identity, and religious liberty / William Inboden
  9. A foreign policy of religious freedom : theoretical and evidentiary foundations / Daniel Philpott
  10. International religious freedom and moral responsibility / Thomas Farr

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  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

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  Introduction: The Many Paths to Neutrality

  Richard W. Garnett

  Book Chapter

  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

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  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.

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  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

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  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.

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  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.

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  The Constitutional Jurisprudence of the Federal Republic of Germany, 3rd ed.

  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.

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  Cohen's Handbook of Federal Indian Law

  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

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  International Dispute Resolution: Cases and Materials, 2d ed.

  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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  What is War? An Investigation in the Wake of 9/11

  Mary Ellen O'Connell

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  Civil Procedure

  Jay Tidmarsh, Thomas D. Rowe Jr., and Suzanna Sherry

  This 750 page book is structured so it can be taught quickly but at a high level. The tightly edited cases capture students’ interest while teaching the material well. Notes are short but intellectually challenging. The book has enough materials to cover topics basically or in depth. The casebook introduces students to the themes running through civil procedure: efficiency and fairness, advantages and disadvantages of the adversarial system, real-life litigation strategies, and issues of federalism and separation of powers. The teacher's manual suggests strategies for teaching the materials and different approaches for credit allocations and teacher preferences.

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  Civil Procedure, 3rd ed.

  Jay Tidmarsh, Thomas D. Rowe, and Suzanna Sherry

  This 750 page book is structured so it can be taught quickly but at a high level. The tightly edited cases capture students’ interest while teaching the material well. Notes are short but intellectually challenging. The book has enough materials to cover topics basically or in depth. The casebook introduces students to the themes running through civil procedure: efficiency and fairness, advantages and disadvantages of the adversarial system, real-life litigation strategies, and issues of federalism and separation of powers. The teacher's manual suggests strategies for teaching the materials and different approaches for credit allocations and teacher preferences.

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  International Women's Rights, Equality, and Justice: A Context and Practice

  Christine Venter

  International Women’s Rights, Equality and Justice explores the history and development of women’s rights in the context of international human rights law. From the 1848 Seneca Declaration to the 1979 Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) to the present day, women’s struggles for rights, freedom from discrimination, and equality are canvassed.
  
  The book details gender based claims brought in domestic courts, as well as those brought in regional or international fora, and explores the various remedies available, depending on where a claim is adjudicated. The text also canvasses the important contributions of NGOs, and challenges students to think about tactical, strategic, contextual and pragmatic choices that lawyers are called on to make when representing clients. Along with excerpts of cases and briefs, the text includes samples of complaint forms and instructions.

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  Federalism

  Anthony J. Bellia

  This exciting new book by A.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 of federalism.

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  Cyberlaw: Problems of Policy and Jurisprudence in the Information Age. 4th ed.

  Patricia L. Bellia, Paul Schiff Berman, Brett Frischmann, and David Post

  This law school casebook starts from the premise that cyberlaw is not simply a set of legal rules governing online interaction, but a lens through which to re-examine general problems of policy, jurisprudence, and culture. The book goes beyond simply plugging Internet-related cases into a series of doctrinal categories, instead emphasizing conceptual issues that extend across the spectrum of cyberspace legal dilemmas. While the book addresses all of the “traditional” subject matter areas of cyberlaw, it asks readers to consider both how traditional legal doctrines can be applied to cyberspace conduct, and how the special problems encountered in the course of that application can teach us something about those traditional legal doctrines.

  The fourth edition, which includes contributions of new co-author Brett Frischmann, has been reorganized to clarify the themes of the book and updated to illuminate new debates at the heart of this evolving field. This edition groups the material into units addressing the who, how, and what of governance/regulation—fundamental questions that pertain to any legal system, in cyberspace or elsewhere. The fourth edition includes unit-ending case studies on governance of the domain name system, efforts to control the exchange of counterfeit goods in the online marketplace, and the Google Books Settlement, as well as updated treatment of a number of topics, including peer-to-peer file sharing, online behavioral advertising, regulation of sexually explicit speech, and ownership of user-generated content.

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  Esperienza elementare e dritto = Elementary Experience and Law

  Paolo G. Carozza, Andrea Simoncini, Lorenza Violini, and Marta Cartabia

  Translated by Mariangela Sullivan

  Preface by Julián Carrón

  ...The essays making up this book reveal that law finds itself at a crossroads that is more anthropological than juridical. Indeed one’s concept of law flows directly from one’s concept of humanity. For this reason it seems to me entirely appropriate that the authors have refused to reduce elementary experience to doctrine or other abstract formulas to be imposed mechanically upon reality. Only an individual capable of feeling one’s own elementary experience alive within herself can make a valuable contribution to the debate that will lead us through this crossroads in the right direction. This task requires each of us to commit our full loyalty to our elementary experience. Are we willing to make the commitment?