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.

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.

The conduct of warfare is constantly shaped by new forces that create complexities in the battlespace for military operations. As the nature of how and where wars are fought changes, new challenges to the application of the extant body of international law that regulates armed conflicts arise. This inaugural volume of the Lieber Studies series seeks to address several issues in the confluence of law and armed conflict, with the primary goal of providing the listener with both academic and practitioner perspectives.

Richard Painter and Peter Golenbock present a clear description of rule of law - arguably the single most important principle underlying our civilization. They also describe the abuses of power that have occurred throughout our nation's history. Beginning in Puritan New England with the infamous Salem Witch Trials, American Nero makes vivid stops at The Red Scare of the 1920s, Japanese-American internment, the McCarthy Era, and, much more recently, President Trump's attempt to violate the First Amendment by banning Muslims from entering the US.

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.

At a time when politics in Britain is experiencing unprecedented turmoil, this Very Short Introduction audiobook examines the past, present, and possible future of British politics. Tony Wright puts current events into a longer and larger perspective, ranging from political ideas to political institutions and offering an overview of the British political tradition.

How is it that the law enforcer itself does not have to keep the law? How is it that the law permits the state to lawfully engage in actions which, if undertaken by individuals, would land them in jail? These are among the most intriguing issues in political and economic philosophy. More specifically, the problem of law that itself violates law is an insurmountable conundrum of all statist philosophies. The problem has never been discussed so profoundly and passionately as in this essay by Frederic Bastiat from 1850. This essay might have been written today. It applies to our own time.

After years of prosecuting hard-core criminals, rising legal star Alan Bell took a private sector job in South Florida's newest skyscraper. Suddenly, he suffered such bizarre medical symptoms, doctors suspected he'd been poisoned by the Mafia. Bell's rapidly declining health forced him to flee his glamorous Miami life to a sterile "bubble" in the remote Arizona desert.

Anarchism claims that there's no need for a state and that it would be better to have a society without central government. Anarchists dislike the authority of the state, but the dream of the stateless society is not a simple matter.

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.

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.

Richard Hanania has come out of nowhere to become one of the best-known writers in the nation in the last few years. In this book, he directs his attention to the culture war that has driven society apart and presents a stunning new theory about what is going on. In a nation nearly evenly split between conservatives and liberals, the left dominates nearly all major institutions, including universities, the government, and corporate America. Hanania argues that this is as much a legal requirement as it is an issue of one side triumphing in the marketplace of ideas.

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.

"The Law" by Frédéric Bastiat is a seminal work in political philosophy and economics, offering a robust defense of individual liberty and property rights against the encroachments of government.

Silent Spring meets Erin Brockovich in this eye-opening, riveting true story of the lawyer who spent two decades building a case against DuPont for its use of the hazardous, unregulated chemical PFOA, uncovering a history of environmental contamination that affects virtually every person on the planet, and the heartless behavior that kept it a secret for 60 years.

According to most economics textbooks, human beings are super-rational creatures who know what is in their own best interests and always act accordingly. When making a decision to purchase, the rational consumer would not buy something on the spur of the moment, or on the recommendation of a friend. Sound realistic?

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.

A must-listen for the informed citizen, The Impeachment Power argues that impeachment is ultimately a political instrument and gives us the perspective we need to recognize when an impeachment might be useful and when we are better served by looking for alternative ways to solve our political problems.