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Necessity and proportionality hold a firm place in the international law governing the use of force by states, as well as in the law of armed conflict. However, the precise contours of these two requirements are uncertain and controversial. The aim ofNecessity and...
International Law in the U.S. Legal System provides a wide-ranging overview of how international law intersects with the domestic legal system of the United States, and points out various unresolved issues and areas of controversy. Curtis Bradley explains the structure...
Legal scholar Amanda L. Tyler discusses the history and future of habeas corpus in America and around the world. The concept of habeas corpus--literally, to receive and hold the body--empowers courts to protect the right of prisoners to know the basis on which they...
In recent decades, the issue of gender-based violence has become heavily politicized in India. Yet, Indian law enforcement personnel continue to be biased against women and overburdened.In Capable Women, Incapable States, Poulami Roychowdhury asks how women claim rights...
The question of whether new rules or regulations are required to govern, restrict, or even prohibit the use of autonomous weapon systems has been the subject of debate for the better part of a decade. Despite the claims of advocacy groups, the way ahead remains unclear...
For decades, administrations of both political parties have used cost-benefit analysis to evaluate and improve federal policy in a variety of areas, including health and the environment. Today, this model is under grave threat. In Reviving Rationality, Michael...
The Oxford Handbook of the New Private Law reflects exciting developments in scholarship dedicated to reinvigorating the study of the broad field of private law. This field embraces the traditional common law subjects (property, contracts, and torts), as well as...
In Wrongful Conviction in Sexual Assault, Matthew Barry Johnson introduces new directions in wrongful conviction research and understanding. Citing Innocence Project and National Registry of Exoneration data, the book identifies sexual assault as the predominant offense...
The scope of criminal justice surveillance has expanded rapidly in recent decades. At the same time, the use of big data has spread across a range of fields, including finance, politics, healthcare, and marketing. While law enforcement's use of big data is hotly...
In 1907, William Jennings Bryan described the proposed constitution for Oklahoma as "The best constitution in the United States today." An enduring characteristic of Oklahoma's constitution has been its faith in direct democracy and its root in Progressive Era...
Banks were allowed to enter securities markets and become universal banks during two periods in the past century - the 1920s and the late 1990s. Both times, universal banks made high-risk loans and packaged them into securities that were sold as safe investments to...
Reflecting on the Fourth Restatement of the Foreign Relations Law, these essays provide a comprehensive survey of the most significant issues in contemporary U.S. foreign relations law. They review the context and assumptions on which that work relied, critique its...
In the 2010s, America's adversaries conducted numerous damaging cyber operations inside the United States: the Office of Personnel Management breach, attacks on banks, persistent intellectual property theft by China, and the Russian intervention in the 2016 election....
An in-depth account of why countries' treacherous foreign policies often have harmless origins, how this predicament shapes international politics, and what to do about it. The increasing unpredictability of state behavior in recent world politics is a surprising...
What will happen to American democracy? The nation's past holds vital clues for understanding where we are now and where we are headed. In The Cycles of Constitutional Time, the eminent constitutional theorist Jack Balkin explains how America's constitutional system...
In Constitutional Orphan, Professor Paula Monopoli explores the significant role of former suffragists in the constitutional development of the Nineteenth Amendment -- the woman suffrage amendment ratified in 1920. She sheds new light on the connection between the...
Who controls American immigration policy? The biggest immigration controversies of the last decade have all involved policies produced by the President — policies such as President Obama's decision to protect Dreamers from deportation and President Trump's...
Throughout American history, views on the proper relationship between the state and religion have been deeply divided. And, with recent changes in the composition of the Supreme Court, First Amendment law concerning religion is likely to change dramatically in the years...
Human rights are essential to global health, yet rising threats in an increasingly divided world are challenging the progressive evolution of health-related human rights. It is necessary to empower a new generation of scholars, advocates, and practitioners to sustain...
This volume tackles a quickly-evolving field of inquiry, mapping the existing discourse as part of a general attempt to place current developments in historical context; at the same time, breaking new ground in taking on novel subjects and pursuing fresh approaches....
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