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In this book, author Orde Kittrie draws on his experiences as a lawfare practitioner, US State Department attorney, and international law scholar in analyzing the theory and practice of lawfare. Kittrie explains how factors including the increased reach of international laws and tribunals and the rise of economic globalization and information technology have fueled lawfare's increasing power and prevalence.

Rot and Revival is one of the first scholarly works to comprehensively theorize and document how politics make American constitutional law and how the courts affect the path of partisan politics. Rejecting the idea that the Constitution's significance and interpretation can be divorced from contemporary political realities, Anthony Michael Kreis explains how American constitutional law reflects the ideological commitments of dominant political coalitions, the consequences of major public policy choices, and the influences of intervening social movements.

Few American institutions have inflicted greater suffering on ordinary people than the Supreme Court of the United States. Since its inception the justices of the Supreme Court have shaped a nation where children toiled in coal mines, where Americans could be forced into camps because of their race, and where a woman could be sterilized against her will by state law.

Shortly after a dismembered torso was discovered by a pond outside Philadelphia in 1887, investigators homed in on two suspects: Hannah Mary Tabbs, a married, working-class Black woman, and George Wilson, a former neighbor whom Tabbs implicated after her arrest. As details surrounding the shocking case emerged, both the crime and ensuing trial - which spanned several months - were featured in the national press. The trial brought otherwise taboo subjects such as illicit sex, adultery, and domestic violence in the Black community to public attention.

The Electoral College that governs America has been with us since 1804, when Thomas Jefferson's supporters redesigned it for his re-election. The Jeffersonians were motivated by the principle of majority rule. Gone were the days when a president would be elected by acclamation, as George Washington had been. Instead, given the emergence of intense two-party competition, the Jeffersonians wanted to make sure that the Electoral College awarded the presidency to the candidate of the majority, rather than minority, party.

Critical race theory (CRT), a vital movement and discipline in American legal scholarship, has transformed our understanding of systemic racism. Yet despite insightful analysis revealing the threads of racism embedded in American institutions and society, it has been demonized by opponents at every turn. The Origins of Critical Race Theory weaves together the many sources of critical race theory, recounting the origin story for one of the most insightful and controversial academic movements in U.S. history.

What do you do when divine law and the justice demanded by your conscience clash? Muslims have wrestled with this problem since the earliest caliphates. The mazalim courts, dating back to the eighth century, were the answer: courts where any subject could appeal directly to an Islamic ruler regarding any matter of justice. Mazalim courts, which were not bound by the rulings of an established school of Islamic law, could address crises in authority and order that Sharia courts could not.

(Annotated: Contains detailed biographical information and historical context, as well as analysis of the work and its critics, not found in the original work.) Part of the Legal Legends Series from Quid Pro Books, this ebook features quality digital formatting and presentation, close proofreading from the original text by Oliver Wendell Holmes, Jr., and photographs of the author at various stages of his prodigious career. It also features extensive new introductory and biographical material from Steven Alan Childress, J.D., Ph.D., a law professor at Tulane University. No other digital ...

This treatise comprises questions 90–97 of the Summa Theologica, in which St. Thomas Aquinas presents a philosophical analysis of the nature and structure of law. Believing that law achieves its results by imposing moral obligations rather than outright force on those subject to it, he proceeds to explore vital questions about the essence of law, kinds of law, effects of law, eternal law, natural law, human law, and changes in law.

A whole new take on Holmes' classic study of law and judicial development of rules: "the life of the law has not been logic: it has been experience." Annotated throughout with straightforward clarifications — decoding and demystifying it for the first time — at long last it's accessible to a new generation of readers. Features 2010 Foreword and extensive notes by Steven Alan Childress, a law professor at Tulane. Active Table of Contents, linked footnotes with correct numbers, and original page numbers for citing. Careful proofreading and formatting, unlike any digital or online version ...

When Carter Bryant began designing what would become the billion-dollar line of Bratz dolls, he was taking time off from his job at Mattel, where he designed outfits for Barbie. Later, back at Mattel, he sold his concept for Bratz to rival company MGA. Law professor Orly Lobel reveals the colorful story behind the ensuing decade-long court battle. This entertaining and provocative work pits audacious MGA against behemoth Mattel, shows how an idea turns into a product, and explores the two different versions of womanhood, represented by traditional all-American Barbie and her defiant, anti-establishment rival.

Supreme Court Justice Stephen Breyer delivers an impassioned argument for the proper role of America’s highest judicial body. Examining historic and contemporary decisions by the Court, Breyer highlights the rulings that have bolstered public confidence as well as the missteps that have triggered distrust. What emerges is a unique approach - certain to be admired for years to come - to interpreting the Constitution.

The Apology of Socrates, by Plato, is the dialogue that presents the speech of legal self-defense, which Socrates presented at his trial for impiety and corruption, in 399 BC. Specifically, The Apology of Socrates is a defense against the charges of “corrupting the youth” and “not believing in the same gods as the city, but in other gods which are novel” to Athens.

In 1802, President Thomas Jefferson distilled a leading idea in the early American republic and wrote of a wall of separation between church and state. That metaphor has come down from Jefferson to 21st-century Americans through a long history of jurisprudence, political contestation, and cultural influence. This book traces the development of the concept of separation of church and state and the Supreme Court's application of it in the law.

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...

The age of human rights has been kindest to the rich. Even as state violations of political rights garnered unprecedented attention due to human rights campaigns, a commitment to material equality disappeared. In its place, market fundamentalism has emerged as the dominant force in national and global economies. In this provocative book, Samuel Moyn analyzes how and why we chose to make human rights our highest ideals while simultaneously neglecting the demands of a broader social and economic justice.

Before Germany was engulfed by Nazi dictatorship, it was a constitutional republic. And just before Dachau Concentration Camp became a site of Nazi genocide, it was a state detention center for political prisoners, subject to police authority and due process. The camp began its irrevocable transformation from one to the other following the execution of four Jewish detainees in the spring of 1933.

Professor N. Bruce Duthu, J.D., is an internationally recognized scholar on Native American issues. In American Indians and the Law, he highlights the major events, the differing principles, and the evolving perspectives that have governed relations among the Indian tribes, the federal government, and the states.

When Richard Nixon campaigned for the presidency in 1968, he promised to change the Supreme Court. With four appointments to the court, including Warren E. Burger as the chief justice, he did just that. In 1969 the Burger Court succeeded the famously liberal Warren Court, which had significantly expanded civil liberties and was despised by conservatives across the country.

E Pluribus Unum highlights the political context in which the common law developed, and how it influenced the United States Constitution. In practice, the triumph of the common law over competing approaches gave lawyers more authority than governing officials. By the end of the 18th century, many colonial legal professionals began to espouse constitutional ideology that would mature into the doctrine of judicial review.