Government Law

We are all familiar with the image of the immensely clever judge who discerns the best rule of common law for the case at hand. But is this common-law mindset, which is appropriate in its place, suitable also in statutory and constitutional interpretation? In a witty and trenchant essay, Justice Scalia answers this question with a resounding negative.

Steven Johnson’s engrossing account of the epic struggle between the anarchist movement and the emerging surveillance state stretches around the world and between two centuries—from Alfred Nobel’s invention of dynamite and the assassination of Czar Alexander II to New York City in the shadow of World War I.

Nazism triumphed in Germany during the high era of Jim Crow laws in the United States. Did the American regime of racial oppression in any way inspire the Nazis? The unsettling answer is yes. James Whitman presents a detailed investigation of the American impact on the notorious Nuremberg Laws, the centerpiece anti-Jewish legislation of the Nazi regime.

Capital is the defining feature of modern economies, yet most people have no idea where it actually comes from. What is it, exactly, that transforms mere wealth into an asset that automatically creates more wealth? The Code of Capital explains how capital is created behind closed doors in the offices of private attorneys, and why this little-known fact is one of the biggest reasons for the widening wealth gap between the holders of capital and everybody else.

This book consists of two parts: the essay "The Idea of Public Reason Revisited" and "The Law of Peoples", a major reworking of a much shorter article by the same name. Taken together, they are the culmination of more than 50 years of reflection on liberalism and on some of the most pressing problems of our times.

Arguably the most important American lawyer of the 20th century, Thurgood Marshall was on the verge of bringing the landmark suit Brown v. Board of Education before the US Supreme Court when he became embroiled in a case that threatened to change the course of the civil rights movement and to cost him his life. In 1949, Florida's orange industry was booming, and citrus barons got rich on the backs of cheap Jim Crow labor with the help of Sheriff Willis V. McCall, who ruled Lake County with murderous resolve....

The relatively new judicial philosophy of textualism dominates the Supreme Court. Textualists claim that the right way to interpret the Constitution and statutes is to read the text carefully and examine the language as it was understood at the time the documents were written. This, however, is not Justice Breyer’s philosophy nor has it been the traditional way to interpret the Constitution since the time of Chief Justice John Marshall. Justice Breyer recalls Marshall’s exhortation that the Constitution must be a workable set of principles to be interpreted by subsequent generations.

Over just the last few decades, laws in this nation have exploded in number; they are increasingly complex; and the punishments they carry are increasingly severe. Some of these laws come from our elected representatives, but many now come from agency officials largely insulated from democratic accountability. In Over Ruled, Neil Gorsuch and Janie Nitze explore these developments and the human toll so much law can carry for ordinary Americans.

Laws is Plato's last and longest dialogue. It is generally agreed that Plato wrote this dialogue as an older man, having failed in his effort in Syracuse on the island of Sicily to guide a tyrant's rule, instead having been thrown in prison.

There are two kinds of knowledge law school teaches: legal rules on the one hand, and tools for thinking about legal problems on the other. Although the tools are far more interesting and useful than the rules, they tend to be neglected in favor of other aspects of the curriculum. In The Legal Analyst, Ward Farnsworth brings together in one place all of the most powerful of those tools for thinking about law.

As soon as the financial crisis erupted, the finger-pointing began. Should the blame fall on Wall Street, Main Street, or Pennsylvania Avenue? On greedy traders, misguided regulators, sleazy subprime companies, cowardly legislators, or clueless home buyers? According to Bethany McLean and Joe Nocera, two of America's most acclaimed business journalists, the real answer is all of the above-and more. Many devils helped bring hell to the economy.

This updated classic offers clear and concise explanations of the basic legal concepts of government contract law for professionals at any stage of their career. In straightforward language for contracting officers, contract administrators, contractors, subcontractors, and others in the procurement field, this new edition has been updated with new cases and regulations.

Hailed as the “first freedom”, free speech is the bedrock of democracy. But it is a challenging principle, subject to erosion in times of upheaval. Today, in democracies and authoritarian states around the world, it is on the retreat. In Free Speech, Jacob Mchangama traces the riveting legal, political, and cultural history of this idea.

The dramatic story of the 1925 Scopes trial, which captivated the nation and exposed profound divisions in America that still resonate today—divisions over the meaning of freedom, religion, education, censorship, and civil liberties in a democracy.

Although Roe v. Wade identified abortion as a constitutional right 45 years ago, it still bears stigma - a proverbial scarlet A. In public discussion, both proponents and opponents of abortion's legality tend to focus on extraordinary cases. This tendency keeps the national debate polarized and contentious. Professor Katie Watson focuses instead on the cases that happen the most, which she calls "ordinary abortion". Scarlet A gives the reflective listener a more accurate impression of what the majority of American abortion practice really looks like.

In the first and only inside account of the Mueller investigation, one of the special counsel’s most trusted prosecutors breaks his silence on the team’s history-making search for the truth, their painstaking deliberations and costly mistakes, and Trump’s unprecedented efforts to stifle their report.

Following his book Captured on corporate capture of regulatory and government agencies, and his years of experience as a prosecutor, Senator Sheldon Whitehouse here turns his attention to the right-wing scheme to capture the courts, and how it influenced the Trump administration's appointment of over 230 "business-friendly" judges, including the last three justices of the United States Supreme Court.

When we think of Constitutional law, we invariably think of the US Supreme Court and the federal court system. Yet much of our constitutional law is not made at the federal level. In 51 Imperfect Solutions, US Court of Appeals Judge Jeffrey S. Sutton argues that American Constitutional law should account for the role of the state courts and state constitutions, together with the federal courts and the federal Constitution, in protecting individual liberties.

Most people believe the Federal Bureau of Investigation began under J. Edgar Hoover in the 1920s or 1930s. Many also naturally assume it was developed for the express purpose of fighting crime. However, the reality is very different. The reality is it began years earlier, in 1908, under President Theodore Roosevelt. In The Birth of the FBI, Willard Oliver details the political fight that led to the birth of America's premier law enforcement agency.

We think of the FBI as America’s police force. But secret intelligence is the Bureau’s first and foremost mission. Enemies is the story of how presidents have used the FBI as the most formidable intelligence force in American history. This is the first definitive history of the FBI’s secret intelligence operations, from an author whose work on the Pentagon and the CIA won him the Pulitzer Prize and the National Book Award.