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An exploration of how and why the Constitution's plan for independent courts has failed to protect individuals' constitutional rights, while advancing regressive and reactionary barriers to progressive regulation. Just recently, the Supreme Court rejected an...
Legal practitioners of today are dealing with cross-border disputes in civil and commercial matters in an increasingly complex transnational legal environment. This edition of Bruno Ristau's multi-volume work International Judicial Assistance brings these complexities...
A unique defense of Federalism, making the case that constitutional law in America--encompassing the systems of all 51 governments--should have a role in assessing the right balance of power among all branches of our state and federal governments. Everything in law and...
The past two decades have seen renewed scholarly and popular interest in the law and morality of war. Positions that originated in the late Middle Ages through the seventeenth century have received more sophisticated philosophical elaboration. Although many contemporary...
Examining legal argumentation by states and other actors in the settings where it mostly transpires - outside of courts, Talking International Law challenges the realist assumption that legal argumentation is largely inconsequential. Addressing a gap in scholarship...
The Oxford Handbook of Comparative Health Law addresses some of the most critical issues facing scholars, legislators, and judges today: how to protect against threats to public health that can quickly cross national borders, how to ensure access to affordable health...
As knowledge of Latin continues to diminish, its frequent use in cases, textbooks, treaties, and scholarly works baffles law students, practitioners, and scholars alike. Many of the Latin terms commonly used by international lawyers are not included in some of the more...
Human rights have not been a central concern of corporate law. Corporate actors have not been a central concern of international human rights law. This book examines existing and emerging strategies that could conceivably close a global governance gap that places human...
A trenchant account of an unacknowledged driver of inequality and wage stagnation in America: the failure of antitrust law to prevent the consolidation of employers, who use their market power to suppress wages. Since the 1970s, Americans have seen inequality...
An engaging account of ambition, the forces that drive and constrain it, and whether it serves our deepest needs. Ambition is a dominant force in for human civilization, driving its greatest achievements and most horrific abuses. Our striving has brought art,...
Progressives who opposed the Trump administration's policies found themselves repeatedly relying on constitutional principles grounded in federalism, separation of powers, and free speech to resist the federal government. Although many progressives had either criticized...
Are super-capable robots and algorithms destined to devour our jobs and idle much of the adult population? Predictions of a jobless future have recurred in waves since the advent of industrialization, only to crest and retreat as new jobs-usually better ones-have...
The Kantian project of achieving perpetual peace among states seems (at best) an unfulfilled hope. Modern states' authority claims and their exercise of power and sovereignty span a spectrum: from the most stringently and explicitly codified-the constitutional level-to...
During the mid-to-late 20th Century, education law emerged as a distinct area of practice and scholarship in the United States. Attorneys began to develop specialties representing school districts, students, parents, and teachers, while law schools and colleges of...
Warzones are sometimes described as lawless, but this is rarely the case. Armed insurgents often replace the state as the provider of law and justice in areas under their authority. Based on extensive fieldwork, Rebel Courts offers a compelling and unique insight into...
The system of securities regulation that prevails today in the United States is one that has been formed through piecemeal federal legislation, Securities and Exchange Commission (SEC) invocation of its administrative authority, and self-regulatory episodic action. As a...
A detailed argument of how our government has interfered in the direction of America's media landscape that traces major transformations in media since the printing press and charts a path for reform. In Saving the News, Martha Minow takes stock of the new media...
The Panoptic Sort was published in 1993. Its focus was on privacy and surveillance. But unlike the majority of publications addressing these topics in the United States at the time that were focused on the privacy concerns of individuals, especially those related to...
While arbitration was robust in colonial and early America, dispute resolution lost its footing to the court system as the United States grew into a bustling and burgeoning country. And while dispute resolution processes emerged briefly from time to time, they were...
A subversive approach to economic theory, Rethinking Market Regulation explores the devastating impact of globalisation and a lack of governmental regulation on the US workforce. It challenges two key economic principles: that markets are competitive, making government...
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