Government Law

Originalism, the view that the meaning of a constitutional provision is fixed when it is adopted, was once the fringe theory of a few extremely conservative legal scholars but is now a well-accepted mode of constitutional interpretation. Noted legal scholar Erwin Chemerinsky gives a comprehensive analysis of the problems that make originalism unworkable as a method of constitutional interpretation. He argues that the framers themselves never intended constitutional interpretation to be inflexible and shows how it is often impossible to know the "original intent" of any provision.

Nearly every aspect of our criminal justice system encourages defendants-whether innocent or guilty-to take a plea deal. Punishment Without Trial showcases how plea bargaining has undermined justice at every turn and across socioeconomic and racial divides. It forces the hand of lawyers, judges, and defendants, turning our legal system into a ruthlessly efficient mass incarceration machine that is dogging our jails and pun­ishing citizens.

Indigenous Australians are the most incarcerated people on the planet. Indigenous men are fifteen times more likely to be locked up than their non-Indigenous counterparts; Indigenous women are twenty-one times more likely. Featuring vivid case studies and drawing on a deep sense of history, Black Lives, White Law explores Australia's extraordinary record of locking up First Nations people.

A tour de force of groundbreaking reportage by Pulitzer Prize-winning journalist Jo Becker, Forcing the Spring follows the historic legal challenge mounted against California’s ban on same-sex marriage, a remarkable lawsuit that forced the issue of marriage equality before the highest court in the land. For nearly five years Becker embedded with the lawsuit’s plaintiffs, was given free rein within the legal and political war rooms where strategy was plotted, and attended every day of the trial and every appellate argument.

The Supreme Court's decision in Brown v. Board of Education is widely considered a seminal point in the battle to end segregation, but it was in fact the culmination of a decades-long legal campaign. Root and Branch is the epic story of the two fiercely dedicated lawyers who led the fight from county courthouses to the marble halls of the Supreme Court, and, in the process, laid the legal foundations of the civil rights movement.

The Words We Live By takes an entertaining and informative look at America's most important historical document, now with discussions on new rulings on hot button issues such as immigration, gay marriage, gun control, and affirmative action. Through entertaining and informative annotations, The Words We Live By offers a new way of looking at the Constitution. It reflects a critical, respectful, and appreciative look at one of history's greatest documents.

The clashes between President Abraham Lincoln and Chief Justice Roger B. Taney over slavery, secession, and Lincoln's constitutional war powers went to the heart of Lincoln's presidency. Lincoln and Taney's bitter disagreements began with Taney's Dred Scott opinion in 1857, when the chief justice declared that the Constitution did not grant the black man any rights that the white man was bound to honor.

Carla Del Ponte won international recognition as Switzerland's attorney general when she pursued cases against the Sicilian mafia. In 1999, she answered the United Nations' call to become the chief prosecutor of the International Criminal Tribunal for the former Yugoslavia and for Rwanda. In her new role, Del Ponte confronted genocide and crimes against humanity head-on, struggling to bring to justice the highest-ranking individuals responsible for massive acts of violence in Rwanda, Bosnia and Herzegovina, Croatia, and Kosovo.

In this sweepingly ambitious volume, the nation's foremost experts on the American presidency and the US Constitution join together to tell the intertwined stories of how each American president has confronted and shaped the Constitution. Each occupant of the office - the first president to the 44th - has contributed to the story of the Constitution through the decisions he made and the actions he took as the nation's chief executive.

From the admired judicial authority, author of Louis D. Brandeis (“Remarkable”—Anthony Lewis, The New York Review of Books; “Monumental”—Alan M. Dershowitz, The New York Times Book Review), Division and Discord, and Supreme Decisions—Melvin Urofsky’s major new book looks at the role of dissent in the Supreme Court and the meaning of the Constitution through the greatest and longest lasting public-policy debate in the country’s history, among members of the Supreme Court, between the Court and the other branches of government, and between the Court and the people of the United States.

Wild Democracy calls for a more anarchic, more courageous democracy. This is an ethic for people who know the rights they hold, and who struggle to rule themselves. This is an ethic for unfinished revolutions; an ethic for those who will not be mastered. This is an ethic for those who hold fast to the rights they have by nature.

Una radiografía indispensable para entender lo que ha traído la llamada 4T.

La esperada continuación de "Y ahí lo dejo. Crónica de un proceso". ¿Qué ha sucedido durante 2019 y principios de 2020 y cómo afrontan su futuro legal los políticos catalanes exiliados?
Gonzalo Boyé es el cerebro jurídico que ha llevado el caso de los políticos catalanes que se exiliaron cuando se supo que la juez Lamela iba a encausar e inmediatamente encarcelar a todos los que ella consideraba responsables de los supuestos delitos de sedición y rebelión tras el resultado del referéndum ilegal celebrado en Catalunya el 1 de octubre de 2017.

This book explores the powers, activities, and accountability of MI5 from the end of the Second World War to 1964. It argues that MI5 acted with neither statutory authority nor statutory powers, and with no obvious forms of statutory accountability. It was established as a counter-espionage agency, yet was beset by espionage scandals on a frequency that suggested if not high levels of incompetence, then high levels of distraction and the squandering of resources.

Barrister Michael Mansfield, KC, has spent his career fighting injustice, persecution and corruption. And be it the Birmingham Six, Bloody Sunday, Stephen Lawrence, the Marchioness, Hillsborough or Grenfell, he has come to learn one thing - that people power is unstoppable. Michael draws upon his 50 years of fighting for justice and revisits his most important cases and clients, proving without doubt that when people get together they can make lasting and positive change.

In this groundbreaking, powerfully reasoned, lucid work that is certain to provoke controversy, Harvard law professor Randall Kennedy takes on a highly complex issue in a way that no one has before. Kennedy uncovers the long-standing failure of the justice system to protect Blacks from criminals, probing allegations that Blacks are victimized on a widespread basis by racially discriminatory prosecutions and punishments, but he also engages the debate over the wisdom and legality of using racial criteria in jury selection.

Though often taken for granted, the modern American public defender is a recent invention with a surprisingly contentious history - one that offers insights not only about the "carceral state" but also about the contours and compromises of 20th-century liberalism.

Cybersecurity incidents make the news with startling regularity. Each breach makes headlines, inspires panic, instigates lawsuits, and is then forgotten. The cycle of alarm and amnesia continues with the next attack, and the one after that. Cybersecurity expert Josephine Wolff argues that we shouldn't forget about these incidents, we should investigate their trajectory, from technology flaws to reparations for harm done to their impact on future security measures. We can learn valuable lessons in the aftermath of cybersecurity breaches.

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.

The United States has the world’s highest rate of incarceration, a form of punishment that ruins lives and makes a return to prison more likely. With the authority of a prominent legal scholar and the practical insights gained through on-the-ground work on criminal-justice reform, Rachel Barkow explains how dangerous it is to base criminal-justice policy on the whims of the electorate, which puts judges, sheriffs, and politicians in office.