Beyond the Responsibility to Protect in International Law
by Angeliki Samara
This book offers a critical appraisal of the international legal idea of the 'Responsibility to Protect'. The idea that the international community has a responsibility to protect populations at risk has become the prominent mode and structure of address in response to mass human atrocities, gross human rights violations, and large-scale loss of life. Although the "international community" of liberal international law and of legal cosmopolitanism for the most part projects a self-assured collec...
Divine Violence looks at the question of political theology and its connection to sovereignty. It argues that the practice of sovereignty reflects a Christian eschatology, one that proves very hard to overcome even by left thinkers, such as Arendt and Derrida, who are very critical of it. These authors fall into a trap described by Carl Schmitt whereby one is given a (false) choice between anarchy and sovereignty, both of which are bound within—and return us to—the same eschatological envelope....
The Nature of the Judicial Process (Storrs Lectures)
by Benjamin N Cardozo
In this famous treatise, a Supreme Court Justice describes the conscious and unconscious processes by which a judge decides a case. He discusses the sources of information to which he appeals for guidance and analyzes the contribution that considerations
Concurring Opinion Writing on the U.S. Supreme Court (SUNY series in American Constitutionalism)
by Pamela C. Corley
Mikhail Bakhtin is one of the most influential theorists of philosophy as well as literary studies. His work on dialogue and discourse has changed the way in which we read texts - both literary and cultural - and his practice of philosophy in literary refraction and philological exploration has made him a pioneering figure in the twentieth-century convergence of the two disciplines. In this book, Graham Pechey offers a commentary on Bakhtin's texts in all their complex and allusive `textuality',...
This powerfully argued appraisal of judicial review may change the face of American law. Written for layman and scholar alike, the book addresses one of the most important issues facing Americans today: within what guidelines shall the Supreme Court apply the strictures of the Constitution to the complexities of modern life?Until now legal experts have proposed two basic approaches to the Constitution. The first, "interpretivism," maintains that we should stick as closely as possible to what is...
This book asks why tax policy is both attracted to and repelled by the idea of justice. Accepting the invitation of economist Henry Simons to acknowledge that tax justice is a theological concept, the work explores theological doctrines of taxation to answer the presenting question. The overall message of the book is that taxation is an instrument of justice, but only when taxes take into account multiple goods in society: the requirements of the government, the property rights of society’s mem...
The Puerto Rico Constitution (Oxford Commentaries on the State Constit)
The only book of its kind in the English language, this is the first volume of the Oxford Commentaries on the State Constitutions of the United States to explore the constitution of a U.S. territory: Puerto Rico. The first half of the volume unearths the island's constitutional history from the days of Spanish colonization in the 16th century, through to Congress' enactment in 2016 of the Puerto Rico Oversight, Management and Economic Stability Act (PROMESA). Professor Cox Alomar offers a carefu...
No sitting federal judge has ever written so trenchant a critique of the federal judiciary as Richard A. Posner does in this, his most confrontational book. Skewering the politicization of the Supreme Court, the mismanagement of judicial staff, the overly complex system of appeals, the threat of originalism, outdated procedures, and the backward-looking traditions of law schools and the American judicial system, Posner has written a cri de coeur and a battle cry. With the prospect that the Supre...
Rule of Law, Common Values, and Illiberal Constitutionalism (Comparative Constitutional Change)
This book challenges the idea that the Rule of Law is still a universal European value given its relatively rapid deterioration in Hungary and Poland, and the apparent inability of the European institutions to adequately address the illiberalization of these Member States. The book begins from the general presumption that the Rule of Law, since its emergence, has been a universal European value, a political ideal and legal conception. It also acknowledges that the EU has been struggling in the...
Forty-one essays from across the political spectrum, plus Clarence Thomas’s and Anita Hill’s statements to the Senate Judiciary Committee and position papers from major black organizations Despite the intense media coverage of the confirmation hearings of Supreme Court Justice Clarence Thomas, one aspect seemed continually sidestepped: the response of African Americans to this televised investigation of race, gender, sexuality, and, especially, the black psyche and intra-racial politics. When t...
North Carolina General Statutes Chapter 75 Monopolies Trusts Consumer Protection 2021 Edition
by North Carolina Legislature
The Supreme Court (Student Guides to American Government and Politics)
by Helena Silverstein
This accessible guide to the United States Supreme Court explains the Court's history and authority, its structure and processes, its most important and enduring legal decisions, and its place in the American political system. A 2018 Pew Research Center poll found that while 78 percent of Democrats and Democratic-leaning independents believed that the Supreme Court should base its decisions on the "modern" meaning of the Constitution, 67 percent of Republicans and Republican-leaning independent...
Law, Judges and Visual Culture analyses how pictures have been used to make, manage and circulate ideas about the judiciary through a variety of media from the sixteenth century to the present. This book offers a new approach to thinking about and making sense of the important social institution that is the judiciary. In an age in which visual images and celebrity play key roles in the way we produce, communicate and consume ideas about society and its key institutions, this book provides the...
The Supreme Court and the Presidency (The Supreme Court's Power in American Politics)
by Julie Novkov
This newest edition to The Supreme Court's Power in American Politics series explores and analyzes the dynamic alliances and tensions between the nation's chief executive and the Court over time. Through primary source and other documents and insightful narratives, this work discusses appointments, prerogative governance, and the role of time and regimes in the complex scheme of checks and balances. Featured topics include: - major theories of constitutional interpretation and their applica...
This book develops a new framework for analyzing the spatio-temporal workings of law and other forms of governance. Chronotopes of Law argues that studies of law and governance can be reinvigorated by drawing on a bundle of quite heterogenous analytical tools that do not have a single provenance or a single political or normative aim but that work well in combination. Analyses of legal temporality carried out by anthropologists and studies of law and space undertaken by geographers and legal s...
The Fragmented Landscape of Fundamental Rights Protection in Europe
by Lorenza Violini and Antonia Baraggia
The composite nature of the EU constitutional legal framework and the presence of different fundamental rights protection actors within the European landscape presents a complex and fragmented scenario in search of a coherent structure. This discerning book provides a thorough analysis and offers a unique perspective on the future of fundamental rights protection in Europe. With engaging contributions from both scholars and practitioners, the chapters consider not only the role of judicial acto...