Law and Legitimacy in the Supreme Court


Book Description

Legitimacy and judicial authority -- Constitutional meaning : original public meaning -- Constitutional meaning : varieties of history that matter -- Law in the Supreme Court : jurisprudential foundations -- Constitutional constraints -- Constitutional theory and its relation to constitutional practice -- Sociological, legal, and moral legitimacy : today and tomorrow




Misdemeanorland


Book Description

A criminal defense attorney, sociologist, and legal scholar takes readers inside New York City's lower criminal courts.




Who Controls the Internet?


Book Description

Is the Internet erasing national borders? Will the future of the Net be set by Internet engineers, rogue programmers, the United Nations, or powerful countries? Who's really in control of what's happening on the Net? In this provocative new book, Jack Goldsmith and Tim Wu tell the fascinating story of the Internet's challenge to governmental rule in the 1990s, and the ensuing battles with governments around the world. It's a book about the fate of one idea--that the Internet might liberate us forever from government, borders, and even our physical selves. We learn of Google's struggles with the French government and Yahoo's capitulation to the Chinese regime; of how the European Union sets privacy standards on the Net for the entire world; and of eBay's struggles with fraud and how it slowly learned to trust the FBI. In a decade of events the original vision is uprooted, as governments time and time again assert their power to direct the future of the Internet. The destiny of the Internet over the next decades, argue Goldsmith and Wu, will reflect the interests of powerful nations and the conflicts within and between them. While acknowledging the many attractions of the earliest visions of the Internet, the authors describe the new order, and speaking to both its surprising virtues and unavoidable vices. Far from destroying the Internet, the experience of the last decade has lead to a quiet rediscovery of some of the oldest functions and justifications for territorial government. While territorial governments have unavoidable problems, it has proven hard to replace what legitimacy governments have, and harder yet to replace the system of rule of law that controls the unchecked evils of anarchy. While the Net will change some of the ways that territorial states govern, it will not diminish the oldest and most fundamental roles of government and challenges of governance. Well written and filled with fascinating examples, including colorful portraits of many key players in Internet history, this is a work that is bound to stir heated debate in the cyberspace community.




Research Handbook on Law and Technology


Book Description

This thorough and incisive Research Handbook reconstructs the scholarly discourses surrounding the field of law and technology, discussing the salient legal, governance and societal problems stemming from the use of different technologies, and how they should be treated under various legal frameworks. This title contains one or more Open Access chapters.




Regulation of Risk


Book Description

Regulation of Risk provides comprehensive insight into regulation of risk in transport, trade and environment. Contributions provide national, regional and international perspectives on pressing questions: How is risk conceived in light of novel technological deployment, climate change, political upheaval, evolving geopolitics, and the COVID-19 pandemic? What legal tools such as contractual frameworks and governance structures are available to manage the changing landscape of risk? This book highlights the importance of dialogue and collaborative decision-making on risk between policymakers, institutions, societal stakeholders and the scientific community.




The Case Against Impeaching Trump


Book Description

"A brilliant lawyer...A new and very important book. I would encourage all people...to read!"—President Donald J. Trump “Absolutely amazing…. If you care about justice...read this book.”—Sean Hannity “Maybe the question isn’t what happened to Alan Dershowitz. Maybe it’s what happened to everyone else.”—Politico Alan Dershowitz has been called “one of the most prominent and consistent defenders of civil liberties in America” by Politico and “the nation’s most peripatetic civil liberties lawyer and one of its most distinguished defenders of individual rights” by Newsweek. Yet he has come under partisan fire for applying those same principles to Donald Trump during the course of his many appearances in national media outlets as an expert resource on civil liberties and constitutional law. The Case Against Removing Trump seeks to reorient the debate over impeachment to the same standard that Dershowitz has continued to uphold for decades: the law of the United States of America, as established by the Constitution. In the author’s own words: “In the fervor to impeach President Trump, his political enemies have ignored the text of the Constitution. As a civil libertarian who voted against Trump, I remind those who would impeach him not to run roughshod over a document that has protected us all for two and a quarter centuries. In this case against impeachment, I make arguments similar to those I made against the impeachment of President Bill Clinton (and that I would be making had Hillary Clinton been elected and Republicans were seeking to impeach her). Impeachment and removal of a president are not entirely political decisions by Congress. Every member takes an oath to uphold the Constitution of the United States, and the Constitution sets out specific substantive criteria that MUST be met. I am thrilled to contribute to this important debate and especially that my book will be so quickly available to readers so they can make up their own minds.”




Philosophy of Law


Book Description

In Philosophy of Law, Andrei Marmor provides a comprehensive analysis of contemporary debates about the fundamental nature of law—an issue that has been at the heart of legal philosophy for centuries. What the law is seems to be a matter of fact, but this fact has normative significance: it tells people what they ought to do. Marmor argues that the myriad questions raised by the factual and normative features of law actually depend on the possibility of reduction—whether the legal domain can be explained in terms of something else, more foundational in nature. In addition to exploring the major issues in contemporary legal thought, Philosophy of Law provides a critical analysis of the people and ideas that have dominated the field in past centuries. It will be essential reading for anyone curious about the nature of law.




Legal Norms and Normativity


Book Description

This book offers a 'genealogical' explanation of law's normativity. The term 'genealogical' conveys a commitment to a non-metaphysical type of enquiry. While it explains how law, as a normative phenomenon, comes about, it does not seek to ground law's normativity in anything but the context of social interaction giving rise to it. Legal normativity is brought about on a daily basis. Whether in revolutionary circumstances or in the quotidian need for judges, lawmakers or citizens to balance law's demands with those of morality or prudence, our ability to bind ourselves through law ultimately depends on our capacity to articulate a better way of living together, and to commit ourselves to it. These efforts of assessment and articulation depend, in turn, on our conception of normative agency. Assert the need to trace the truth of ethical judgments to some independent moral 'facts' conditioning their objectivity, and you will get a different understanding of what it is we are doing when we dispute law's authority in the name of moral values. Tracing the truth of moral judgements back to our own social practices not only affects the nature of disagreement; it also dramatically increases our responsibility when, as lawmakers, judges, or citizens we 'take the law into our own hands' and confront it with our moral expectations.




Motown Encyclopedia


Book Description

Motown means different things to different people. The mere mention of perhaps the most iconic record label in history is often enough to invoke memories and mental images of Marvin Gaye, Diana Ross, Stevie Wonder, The Temptations, The Jackson 5, The Supremes and numerous others. With each group recalled, there is an accompanying piece of music of the mind, from Baby Love, My Girl, Signed Sealed Delivered, I Heard It Through The Grapevine, ABC and Tears Of A Clown and countless more. Quite often, you can ask people what kind of music they like and they will simply answer ‘Motown’, and both they, and you, know exactly what is meant. Or rather, what is implied. The Motown they are invariably thinking of is the label that dominated the charts in the mid 1960s with a succession of radio friendly, dance orientated hits, most of which were written and produced by the trio of Brian Holland, Lamont Dozier and Eddie Holland. This period is referred to, naturally enough, as the Golden Era, when Motown was not only the dominant force in its home city of Detroit but carried The Sound of Young America all around the world. The kind of music that had them Dancing In the Street from Los Angeles to London, Miami to Munich and San Francisco to Sydney. It was the kind of music that attracted scores of imitators; some good, some not so good. The kind of music that appealed to the public and presidents alike, and still does. It was that Motown that this book was intended to be about. However, when you start digging deeper into the Motown story, you realise that throughout its life (which, for the purposes of this book, is its formation in 1959 through to its sale in 1988) it was constantly trying other musical genres, looking to grab hits out of jazz, country, pop, rock, middle of the road and whatever else might be happening at the time. Of course it wasn’t particularly successful at some of the other genres, although those who claim Motown never did much in the rock market conveniently overlook the healthy sales figures achieved by Rare Earth, the group, and focus instead on the total sales achieved on Rare Earth, the label. This book, therefore, contains biographies of all 684 artists who had releases on Motown and their various imprints, as well as biographies of 16 musicians, 23 producers, 19 writers and 13 executives. There are also details of the 50 or so labels that Motown owned, licensed to or licensed from. All nine films and the 17 soundtracks are also featured. Every Motown single and album and EP that made the Top Ten of the pop charts in either the US or UK also have their own entries, with 222 singles, 84 albums and five EPs being featured. Finally, there are 36 other entries, covering such topics as the Hollywood Walk of Fame, the Motortown Revues, Grammy Awards and the most played Motown songs on radio. The 1,178 entries cover every aspect of Motown and more – of the link between Granny in The Beverly Hillbillies and Wonder Woman, of the artists from Abbey Tavern Singers to Zulema, and the hits from ABC to You Really Got A Hold On Me. The Motown Encyclopedia is the story of Motown Records; Yesterday, Today, Forever.