Law Theory

With the gravitas of Joan Biskupic and the irreverence of Elie Mystal, Leah Litman brings her signature wit to the question of what’s gone wrong at One First Street. In Lawless, she argues that the Supreme Court is no longer practicing law; it’s running on vibes. By “vibes,” Litman means legal-ish claims that repackage the politics of conservative grievance and dress them up in robes. Major decisions adopt the language and posture of the law, while in fact displaying a commitment to protecting a single minority: the religious conservatives and Republican officials.

Today, we are at a turning point as we face ecological and political crises that are rooted in conflicts over the land itself. But these problems can be solved if we draw on elements of our tradition that move us toward a new commonwealth - a community founded on the well-being of all people and the natural world.

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.

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.

It’s evident that policing is a problem. But what is the way best forward? In Beyond Policing, distinguished scholar and writer Philip V. McHarris reimagines the world without police to find answers and reveal how we can make police departments obsolete. Beyond Policing tackles thorny issues with evidence, including data and personal stories, to uncover the weight of policing on people and communities and the patterns that prove police reform only leads to more policing.

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.

America's criminal justice system is among the deadliest and most racist in the world and it disproportionally targets Black Americans, who are also disproportionately poor, hungry, houseless, jobless, sick, and poorly educated. By every metric of misery, this nation does not act like Black Lives Matter. In order to break out of the trap of racialized mass incarceration and relentless racial oppression, we, as a society, need to rethink our basic assumptions about blame and punishment.

In this profoundly important reassessment of constitutional interpretation, the eminent legal philosopher Hadley Arkes argues that "originalism" alone is an inadequate answer to the judicial activism of the left. Without recourse to "mere Natural Law"—the moral principles knowable by all—our legal and constitutional system is doomed to incoherence. Brilliant in its analysis, essential in its argument, Mere Natural Law is a must-listen for everyone who cares about the Constitution, morality, and the rule of law.

AI and people do not compete on a level playing field. Self-driving vehicles may be safer than human drivers, but laws often penalize such technology. People may provide superior customer service, but businesses are automating to reduce their taxes. AI may innovate more effectively, but an antiquated legal framework constrains inventive AI. In The Reasonable Robot, Ryan Abbott argues that the law should not discriminate between AI and human behavior and proposes a new legal principle that will ultimately improve human well-being.

Der Autor, Fabian Kleinke stellt in diesem Ratgeber erstmalig zahlreiche Informationen und alle relevanten Grundlagen aus den Bereichen Recht, Theorie und Praxis zusammen. Das Buch teilt sich in drei große Abschnitte auf und enthält zahlreiche Lektionen, die anhand von anschaulichen Beispielen beschrieben werden. Im ersten Teil erläutert Fabian Kleinke die theoretischen und rechtlichen Grundlagen für angehende Bushcrafter und Waldläufer. In diesem Teil werden zahlreiche rechtliche Fragen ausführlich erläutert und beantwortet.

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.

Judicial decisions assessing the constitutional rights of students in the nation’s public schools have consistently generated bitter controversy. The Schoolhouse Gate gives a fresh, lucid, and provocative account of the historic legal battles waged over education and illuminates contemporary disputes that continue to fracture the nation.

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.

This is the story of a grand scientific quest: the quest for a unifying theory of nature. Writing with dazzling elegance and clarity, Nobel Prize - winning physicist Steven Weinberg retraces the steps that have led modern scientists from relativity theory and quantum mechanics to the notion of superstrings and the idea that our universe may coexist with others. Along the way, he voices the questions that are always present: Why does each explanation of the way nature works point to other, deeper explanations?

In 1805 and 1806, Aaron Burr, former vice president of the newly formed American republic, traveled through the Trans-Appalachian West gathering support for a mysterious enterprise, for which he was arrested and tried for treason in 1807. This book explores the political and cultural forces that shaped how Americans made sense of the uncertain rumors and reports about Burr's intentions and movements, and examines what the resulting crisis reveals about their anxieties concerning the new nation's fragile union and uncertain republic.

For two centuries, the Framers' ideas about political corruption flourished in the courts, even in the absence of clear rules governing voters, civil officers, and elected officials. In the 1970s, the U.S. Supreme Court began to narrow the definition of corruption, and the meaning has since changed dramatically. No case makes that clearer than Citizens United.

Buying the Vote analyzes the rise and decline of campaign finance reform by tracking the evolution of both the ways in which presidential campaigns have been funded since the late nineteenth century. Through close examinations of major Supreme Court decisions, Mutch shows how the Court has fashioned a new and profoundly inegalitarian definition of American democracy.

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.

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.

A stunning revision of our founding document’s evolving history that forces us to confront anew the question that animated the founders so long ago: What is our Constitution? Americans widely believe that the United States Constitution was created when it was drafted in 1787 and ratified in 1788. But in a shrewd rereading of the founding era, Jonathan Gienapp upends this long-held assumption, recovering the unknown story of American constitutional creation in the decade after its adoption.