Government Law

Vor dem Gesetz sind alle gleich. Doch was geschieht, wenn geltendes Recht nicht mehr für jeden gilt und nicht ausnahmslos greift? Wenn gefällte Urteile nicht vollzogen werden? Wenn der Staat auf neue Entwicklungen in Zeiten von Digitalisierung und Globalisierung nicht angemessen reagiert? Wenn die Balance zwischen Freiheit und Sicherheit zunehmend zu Lasten der Freiheit verloren geht? Wenn zwar der Sozialstaat weiter ausgebaut wird, die Kernaufgaben des Rechtsstaates aber vernachlässigt werden?

Americans revere the Constitution even as they argue fiercely over its original toleration of slavery. Some historians have charged that slaveholders actually enshrined human bondage at the nation's founding. The acclaimed political historian Sean Wilentz shares the dismay but sees the Constitution and slavery differently. Although the proslavery side won important concessions, he asserts, antislavery impulses also influenced the framers' work. Far from covering up a crime against humanity, the Constitution restricted slavery's legitimacy under the new national government.

Few American institutions have inflicted greater suffering on ordinary people than the Supreme Court of the United States. Since its inception the justices of the Supreme Court have shaped a nation where children toiled in coal mines, where Americans could be forced into camps because of their race, and where a woman could be sterilized against her will by state law.

From Justice Sandra Day O’Connor, the first woman to sit on the United States Supreme Court, comes this fascinating book about the history and evolution of the highest court in the land. Out of Order sheds light on the centuries of change and upheaval that transformed the Supreme Court from its uncertain beginnings into the remarkable institution that thrives and endures today.

The "Lackawanna Six" were young men, born of Yemeni families long settled in upstate New York, who took a trip to Pakistan and Afghanistan and spent time in an al-Qaeda training camp long before the specter of 9/11, before most people had even heard of Osama Bin Laden, and before the existence of the Homeland Security Act.

Most Americans still see Brown v. Board of Education as a triumph - but was it? James T. Patterson shrewdly explores the provocative questions that still swirl around the case. A wide range of characters animates the story, from the little-known African-Americans who dared to challenge Jim Crow with lawsuits; to Thurgood Marshall, who later became a Justice himself; to Earl Warren, who shepherded a fractured Court to a unanimous decision.

Tell is the riveting story of Major Margaret Witt’s dedicated and decorated military career as a frontline flight nurse, and of her love and devotion to her partner - now wife - Laurie Johnson. Tell captures the tension and drama of the politically charged legal battle that led to the congressional repeal of the controversial law and helped pave the way for a suite of landmark political and legal victories for gay rights.

Equality is easy to grasp in theory but often hard to achieve in reality. In this accessible and wide-ranging work, American University law professor Robert L. Tsai offers a stirring account of how legal ideas that aren't necessarily about equality at all - ensuring fair play, behaving reasonably, avoiding cruelty, and protecting free speech - have often been used to overcome resistance to justice and remain vital today.

As the morning sunlight crept over the limestone walls of Jerusalem's old city, two young Americans flagged down a bus and got on. It was 6:45 a.m., February 25, 1996, and Sara Duker and Matthew Eisenfeld settled into their seats as the door closed on Jerusalem's Number 18 bus which would take them across the spine of this ancient city. After a few more stops, their bus turned on Jerusalem's Jaffa Road and rolled up a slight hill and stopped again. A young man, who seemed to be a student and was carrying a black duffle bag, got on. No one paid much attention to him, witnesses said later.

One promise of democracy is the right of every citizen to vote. And yet, from our founding, strong political forces were determined to limit that right. The Supreme Court, Alexander Hamilton wrote, would protect the weak against this very sort of tyranny. Still, as On Account of Race forcefully demonstrates, through the better part of American history the Court has instead been a protector of white rule. And complex threats against the right to vote persist even today.

For decades, James MacGregor Burns has been one of the great masters of the study of power and leadership in America. Now he turns his eye to an institution of government that he believes has become more powerful---and more partisan---than the Founding Fathers ever intended: the Supreme Court. Much as we would like to believe that the Court remains aloof from ideological politics, Packing the Court reveals how often justices behave like politicians in robes.

Constitutional scholar Geoffrey R. Stone traces the evolution of legal and moral codes that have attempted to legislate sexual behavior from the ancient world to America's earliest days to today's fractious political climate. Stone crafts a remarkable narrative in which he shows how agitators, moralists, legislators, and especially the justices of the Supreme Court have historically navigated issues as explosive and divisive as abortion, homosexuality, pornography, and contraception.

When Clarence Thomas joined the Supreme Court in 1991, he found with dismay that it was interpreting a very different Constitution from the one the framers had written - the one that had established a federal government manned by the people's own elected representatives, charged with protecting citizens' inborn rights while leaving them free to work out their individual happiness themselves, in their families, communities, and states.

For the first time, a collection of dissents from the most famous Supreme Court cases. Lively and accessible, I Dissent offers a radically fresh view of the judiciary in a collection that is essential listening for anyone interested in American history.

Discover the truth about the Second Amendment, the NRA, and the United States' centuries-long fight over guns in this first-of-its-kind book for middle-grade listeners. Hana Bajramovic's Whose Right Is It?: The Second Amendment and the Fight over Guns reveals how a once obscure amendment became the focus of daily heated debate. The book will show young listeners how gun legislation has always been a part of American history and how money, power, and race have long dictated our ability to own guns.

Over the last 30 years, the Federalist Society for Law and Public Policy Studies has grown from a small group of disaffected conservative law students into an organization with extraordinary influence over American law and politics. Although the organization is unknown to the average citizen, this group of intellectuals has managed to monopolize the selection of federal judges, take over the Department of Justice, and control legal policy in the White House.

A constant yet oftentimes concealed practice in war has been the use of informers and collaborators by parties to an armed conflict. Despite the prevalence of such activity, and the serious and at times fatal consequences that befall those who collaborate with an enemy, international law applicable in times of armed conflict does not squarely address the phenomenon. The recruitment, use, and treatment of informers and other collaborators is addressed only partially and at times indirectly by international humanitarian law.

In this original, far-reaching, and timely book, Justice Stephen Breyer examines the work of SCOTUS in an increasingly interconnected world, a world in which all sorts of public and private activity - from the conduct of national security policy to the conduct of international trade - obliges the Court to consider and understand circumstances beyond America's borders. At a time when ordinary citizens may book international lodging directly through online sites, it has become clear that judicial awareness can no longer stop at the water's edge.

The only crime defined in the United States Constitution, treason is routinely described by judges as more heinous than murder. Today the term is regularly thrown around by lawmakers and pundits on both sides of the aisle. But as these heated accusations flood the news cycle, it's not always clear what the crime of treason truly is, or when it should be prosecuted. Drawing on over two decades of research, constitutional law and legal history, scholar Carlton Larson takes us on a grand tour of the Treason Clause of the United States Constitution.

In the long history of warfare and cultural and ethnic violence, the 20th century was exceptional for producing institutions charged with seeking accountability or redress for violent offenses and human rights abuses across the globe, often forcing nations to confront the consequences of past atrocities. The Holocaust ended with trials at Nuremberg, apartheid in South Africa concluded with the Truth and Reconciliation Commission, and the Gacaca courts continue to strive for closure in the wake of the Rwandan genocide.