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The Rehnquist Legacy
Richard W. Garnett
Book Chapter
Richard W. Garnett, Less is More: Justice Rehnquist, the Freedom of Speech, and Democracy, in The Rehnquist Legacy 26 (Craig M. Bradley ed., 2006)
The First Amendment's Free Speech Clause - "Congress shall make no law . . . abridging the freedom of speech" - occupies much of the field when it comes to our public debates on matters of law, policy, and morality. Today, in the courts of both law and public opinion, arguments about a huge range of human activities - from cutting-edge scientific research and legal-aid work to video games and unauthorized dancing - are constructed using First Amendment premises, precedents, and jargon. Chief Justice Rehnquist, however, has for the most part resisted, or at least regretted, this free-speech takeover during his tenure on the Supreme Court.
This chapter examines several of Rehnquist's opinions in free-speech cases involving the not-so-clear line between government speech and spending, on the one hand, and government-facilitated private speech on the other. This examination suggests, it is argued, that that Rehnquist's work does not reflect skepticism or hostility toward the core values protected by the Free Speech Clause, as some have charged, but instead reveals a careful appreciation for the fact that the translation and reduction of so many policy questions to free-speech problems comes at a cost. After all, as the civic, social, and political territory controlled by the Free Speech Clause grows, the amount shrinks that is governed democratically and experimentally by the people and their representatives or that is left under the direction of private persons, groups, and institutions. One implication of the free-speech takeover, Rehnquist seems to be warning us, is that difficult policy and other decisions depend increasingly on judges' evaluation of the abstract weight or worthiness of the government's interests, rather than on deliberation, compromise, and trial-and-error by and among citizens and politically accountable public officials.
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Cases, Text and Problems on Federal Income Taxation, 5th ed.
Alan Gunn and Larry Ward
As with the previous ed.s, the authors have tried to prepare materials that will help students cope with a confusing mass of legislation by seeing the minutiae of the Code as reflections of basic concepts and recurring problems of income taxation. The authors continue to treat the income and deduction aspects of particular kinds of payments–especially interest–together, a technique they see as essential if students are to understand what is at stake in particular controversies
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Interpreting Constitutions: A Comparative Study
Donald P. Kommers
Book Chapter
Donald P. Kommers, Germany: Balancing Rights and Duties, in Interpreting Constitutions: A Comparative Study 161 (Jeffrey Goldsworthy ed., 2006)
Each chapter describes not only the interpretive methodology currently used by the courts, but the evolution of that methodology since the constitution was first enacted. Included are problems of interpretation and cultural and institutional determinants.
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The Law of Biodiversity and Ecosystem Management, 2nd ed.
John Copeland Nagle, J. B. Ruhl, and Kalayani Robbons
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
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On Law and Chastity
Robert E. Rodes Jr.
In this wide-ranging and extensively documented study, Rodes shows how the law's recognition of traditional sexual standards has been gradually eroded, with the result that many of those standards have been marginalized or turned into personal idiosyncrasies. He gives full attention to positive developments such as increased protection against rape and sexual harassment, but invites speculation as to whether changes in other parts of the law have made that protection more necessary than it used to be. Rodes suggests that the trivialization of sex is a trivialization of life, and that we should use our laws to resist that trivialization as far as we can do so without making them unduly oppressive. Even those who disagree with his provocative conclusions will appreciate his extensive coverage of the relevant cases and other legal materials.
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The Attorney's Guide to the Seventh Circuit Court of Appeals, 3rd ed.
Stephen E. Arthur and Kenneth F. Ripple
Co-editors: Honorable Kenneth F. Ripple and Laura A. Kaster
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Foundations of Bankruptcy Law
G. Marcus Cole
Book Chapter
G. Marcus Cole, The Federalist Cost of Bankruptcy Exemption Reform, in Foundations of Bankruptcy Law 100 (Barry E. Adler ed., 2005).
Bankruptcy is relevant not merely as a last resort but influences individual and corporate decisions from the time of or before obligations are first incurred. In this sense, bankruptcy is as basic to private ordering as the more familiar inhabitants of the private-law pantheon including contract, corporate, property, and tort law. This book of brief, mostly non-technical, excerpts from leading bankruptcy scholarship builds the concepts of bankruptcy law from first principles and thus allows the reader to understand bankruptcy’s fundamental nature.
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Congress and Boxing: A Legislative History, 1960-2003
Edmund P. Edmonds and William H. Manz.
Since the 1960 Kefauver hearing on the influence of organized crime over the sport, there have been numerous hearings and bills introduce in Congress to regulate boxing. Finally, in 1996, Congress passed the Professional Boxing Safety Act designed to assist state boxing commissions, ensure greater safety for the boxers, and provide proper oversight for the professional boxing industry in the U.S. In 1998, the Muhammed Ali Boxing Reform Act was passed, which was intended to protect boxers from coercive contracts. This volume in the set, Hein's Sports Law Legislative History Series, v. 2, features an article written by Ed Edmonds detailing the history of the congressional hearings and the Acts. Also included in this set are all hearings, debates, and reports for both enactments, as well as a bibliography, legislative chronology, and a name index of witnesses. Source: Publisher
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Oxford Companion to the Supreme Court of the United States
Richard W. Garnett
Book Chapter
Richard W. Garnett, Good News Club v. Milford Central School ,in Oxford Companion to the Supreme Court of the United States 398 (Kermit L. Hall ed., 2005)
The Supreme Court has continued to write constitutional history over the thirteen years since publication of the highly acclaimed first edition of The Oxford Companion to the Supreme Court. Two new justices have joined the high court, more than 800 cases have been decided, and a good deal of new scholarship has appeared on many of the topics treated in the Companion. Chief Justice William H. Rehnquist presided over the impeachment trial of President Bill Clinton, and the Court as a whole played a decisive and controversial role in the outcome of the 2000 presidential election. Under Rehnquists's leadership, a bare majority of the justices have rewritten significant areas of the law dealing with federalism, sovereign immunity, and the commerce power.
This new edition includes new entries on key cases and fully updated treatment of crucial areas of constitutional law, such as abortion, freedom of religion, school desegregation, freedom of speech, voting rights, military tribunals, and the rights of the accused. These developments make the second edition of this accessible and authoritative guide essential for judges, lawyers, academics, journalists, and anyone interested in the impact of the Court's decisions on American society. -
The Heritage Guide to the Constitution
Richard W. Garnett
Book Chapter
Richard W. Garnett, Public Trial, in The Heritage Guide to the Constitution 347 ( Matthew Spalding & David Forte, eds,, 2005)
This guide is the first of its kind, and presents the U.S. Constitution as never before, including a clause-by-clause analysis of the document, each amendment and relevant court case, and the documents that serve as the foundation of the Constitution.
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Partnership Income Taxation, 4th ed.
Alan Gunn and James R. Repetti.
This handbook examines partnership tax laws, enabling readers to easily understand specific provisions within a larger context. Some of the topics covered include what constitutes a partnership; partnerships vs. corporations; partnership vs. co-ownership of property; the pass-through principle of partnership taxation; an introduction to partnership debt; allocations of partnership income; transactions between partnerships and their partners
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The Judicial Branch
Donald P. Kommers
Book Chapter
Donald P. Kommers, American Courts and Democracy: A Comparative Perspective, in The Judicial Branch 200 (Kermit L. Hall & Kevin T. McGuire eds., 2005)
The Judicial Branch considers the impact of courts on American life and addresses such central questions as: Is the Supreme Court an institution of social justice? Is there a case for judicially created and protected social rights? Have the courts become sovereign when interpreting the Constitution? Essays examine topics that include the judiciary in the founding of the nation; turning points in the history of the American judicial system; the separation of powers between the other branches of government; how the Supreme Court resolves political conflicts through legal means; what Americans know about the judiciary and its functions; and whether the American scheme of courts is the best way to support democracy.
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International Law and the Use of Force: Cases and Materials
Mary Ellen O'Connell
International Law and the Use of Force brings together cases and materials on both the law governing the resort to armed force (jus ad bellum) and the law governing the conduct of force (jus in bello). It provides a dynamic yet classic introduction for students, scholars and practitioners. The book explores the United Nations Charter rules, and the Hague and Geneva Conventions as central to the regulation of armed force. There are also chapters on the historic development of international law on the use of force and important cases from the last ten years, including the International Court of Justice decisions in the Oil Platforms Case and the Wall Case, and the U.S. Supreme Court decisions, Rasul v. Bush and Hamdi v. Rumsfeld.
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Redefining Sovereignty: The Use of Force After the Cold War
Mary Ellen O'Connell, Michael Bothe, and Natalino Ronzitti
The use of force and the regulation of armed conflict in the 21st century raises new and challenging questions in international law and policy. This timely study brings together leading scholars -- including ethicists, political scientists and international lawyers -- to address the use of force, beginning with NATO's 1999 intervention in Kosovo up to the US-led invasion of Iraq. In some important respects, the legal regime for force regulation -- in place since the adoption of the UN Charter in 1945 -- provides a normative restraint on international relations, but is it wholly relevant and effective with regard to contemporary events? The contributors investigate what options are or should be lawful in the 21st century.
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Legal Interviewing and Counseling in a Nutshell
Thomas L. Shaffer and James R. Elkins
In today's world, lawyers tend to become identified more with law and less with people, the public interest, social welfare and the common good. However, many lawyers are sensitive, people-oriented professionals who relate to their clients as persons and not as problems. The authors argue that counseling is the heart and soul of lawyering, and that it is an integral part of the legal education.
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American Tourist Guide to English English
J. Eric Smithburn
Lorry or truck? Potato chips or crisps? Autumn or fall? From the chemist to the chippy, whether you're at sixes and sevens, chuffed to bits or over the moon, this book may surprise anyone who thinks that the same language is spoken in the United States and in Britain. The Illustrated American Tourist Guide to English English contains nearly 3,500 definitions and translations to aid the American visitor in understanding and being understood in England. From everyday slang to differences in formal language, the book covers just about any social situation likely to be encountered. An invaluable reference guide for the American tourist, this is also a book to be dipped into for sheer pleasure and enjoyment of the surprising, often amusing, distinctions between American and English English
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Illustrated American Tourist Guide to English English
J. Eric Smithburn
Lorry or truck? Potato chips or crisps? Autumn or fall? From the chemist to the chippy, whether you're at sixes and sevens, chuffed to bits or over the moon, this book may surprise anyone who thinks that the same language is spoken in the United States and in Britain. The Illustrated American Tourist Guide to English English contains nearly 3,500 definitions and translations to aid the American visitor in understanding and being understood in England. From everyday slang to differences in formal language, the book covers just about any social situation likely to be encountered. An invaluable reference guide for the American tourist, this is also a book to be dipped into for sheer pleasure and enjoyment of the surprising, often amusing, distinctions between American and English English.
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Cyberlaw: Problems of Policy and Jurisprudence in the Information Age. 2d ed.
Patricia L. Bellia, David G. Post, and Paul Schiff Berman
This innovative casebookwhich has proved extremely popular with students and professors alikestarts from the premise that cyberlaw is not simply a set of legal rules governing online interaction, but a lens through which broader jurisprudential issues can be re-examined. Accordingly, this book goes beyond plugging Internet-related cases into a series of pre-existing doctrinal categoriesFirst Amendment, copyright, trademark, etc.and instead emphasizes the conceptual debates that cut across the areas of doctrine touched by cyberspace. Moreover, the casebook uses the rise of the Internet to encourage readers to reconsider various assumptions in traditional legal doctrine. This dual focus provides readers with broad-based and sophisticated training in Internet-related legal issues while also making the argument that cyberlaw is a coherent and useful field of study. Thus, instead of compiling a list of topic areas, the book seeks to define a set of conceptual issues that extend across the spectrum of Internet legal dilemmas. While all of the traditional subject matter areas of cyberlaw are addressed, they are placed in a new framework one that asks both students and professors to consider what it is that cyberlaw has to teach us about law more generally. The new edition retains the qualities that have made the book so successful in law schools across the country. It is compact, serves a variety of course formats, builds new cases on top of a foundation of non internet legal doctrine, and fosters lively and provocative class discussions. The third edition will, of course, provide updated case and statutory coverage, but in addition, the casebook has undergone a major revision to provide even greater conceptual clarity and respond to user feedback Treatment of subjects has been adjusted throughout to reflect new thinking in the field, each chapter now includes greater framing to highlight the issues to be explored, materials have been reordered to make more intuitive conne
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Davies on Contract. 9th ed.
Geoffrey J. Bennett
Davies on Contract is the ideal introduction to contract law, breaking the subject down into its component parts and providing a short and simple explanation of each key area. This edition has been extensively rewritten and restructured to reflect the changes in the way that contract law is presently taught, whilst retaining the simplicity and accessibility which made previous editions so popular. It is an ideal accompaniment to study.
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Educating Citizens
Richard W. Garnett
Book Chapter
Richard W. Garnett, Regulatory Strings and Religious Freedom: Requiring Private Schools To Promote Public Values, in Educating Citizens: International Perspectives on Civic Values and School Choice 324 (Patrick J. Wolf, et al. eds., 2004)
The United States is in the midst of historic experiments with publicly funded choice in K-12 education, experiments that recently received a "green light" from the Supreme Court. Other nations have long experience with the funding and regulation of nonpublic schools, including religious schools. This book asks what U.S. policymakers, public officials, and citizens can learn from these experiences. In particular, how do other countries regulate or structure publicly funded educational choice with an eye toward civic values—looking not only for improvements in test scores, but also in tolerance, civic cohesion, and democratic values such as integration across the lines of class, religion, and race?
The experience of Europe and Canada with school choice is both extensive and varied. In England and Wales, public school choice is widespread, as parents play a significant role in selecting the school their children will attend. In the Netherlands and much of Belgium, a majority of students attend religious schools at government expense. In Canada, France, and Germany, state-financed school choice is limited to circumstances that serve particular social and governmental needs. In Italy, school choice has just recently arrived on the policy agenda. In spite of the diversity of national experiences, in all of these countries choice is regulated by the government in significant and varied ways to promote civic values. In several of these countries, school choice policy itself appears to have played an important role in promoting social cohesion and integration. This book presents a wealth of experience designed to aid policymakers and citizens as they consider historic changes in American public education policy.
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Religion and the Death Penalty: A Call for Reckoning
Richard W. Garnett
Book Chapter
Richard W. Garnett, Christian Witness, Moral Anthropology, and the Death Penalty, in Religion and the Death Penalty: A Call for Reckoning 139 (Erik C. Owens et al., eds., 2004)
In this essay, I consider - in the context of our ongoing debates about capital punishment - the question, "what role ought religious beliefs play in a pluralistic democratic society that often presumes strict boundaries between matters of private faith and political life?" I suggest, first, that we should resist the imposition of such "strict" boundaries between "matters of private faith and political life" and, second, that in the context of our public arguments about the death penalty, engaged Christians should not merely to baptize the policy analyses and preferences of abolitionist or other interest groups, but should instead propose clearly what Pope John Paul II called the "moral truth about the human person." I contend that moral problems - and the death penalty poses, inescapably, such a problem - are anthropological problems, because moral arguments are built, for the most part, on anthropological presuppositions. In other words, as one scholar put it, our attempts at moral judgment tend to reflect our foundational assumptions about what it means to be human. Accordingly, what the public square needs from engaged Christians is a counter-cultural argument about the dignity and destiny of the human person. Such an argument could help our fellow citizens reach the right conclusion about what to do with convicted murderers not so much by dusting the usual arguments with God-talk as by challenging our culture to understand who and what these condemned persons are, and why it should make a difference.
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