Author : Eric J. Segall
Publisher : Cambridge University Press
Page : 259 pages
File Size : 10,15 MB
Release : 2018-10-18
Category : Law
ISBN : 1107188555
Tracing the development of originalism, Eric J. Segall shows how judges often use the theory to reach politically desirable results.
Author : Jack L. Goldsmith
Publisher : Oxford University Press
Page : 271 pages
File Size : 12,94 MB
Release : 2005-02-03
Category : Law
ISBN : 0199883378
International law is much debated and discussed, but poorly understood. Does international law matter, or do states regularly violate it with impunity? If international law is of no importance, then why do states devote so much energy to negotiating treaties and providing legal defenses for their actions? In turn, if international law does matter, why does it reflect the interests of powerful states, why does it change so often, and why are violations of international law usually not punished? In this book, Jack Goldsmith and Eric Posner argue that international law matters but that it is less powerful and less significant than public officials, legal experts, and the media believe. International law, they contend, is simply a product of states pursuing their interests on the international stage. It does not pull states towards compliance contrary to their interests, and the possibilities for what it can achieve are limited. It follows that many global problems are simply unsolvable. The book has important implications for debates about the role of international law in the foreign policy of the United States and other nations. The authors see international law as an instrument for advancing national policy, but one that is precarious and delicate, constantly changing in unpredictable ways based on non-legal changes in international politics. They believe that efforts to replace international politics with international law rest on unjustified optimism about international law's past accomplishments and present capacities.
Author : Norman Llewellyn Hill
Publisher : Praeger
Page : 0 pages
File Size : 20,59 MB
Release : 1976-03-03
Category : Political Science
ISBN : 0837184304
Author : Charles Lund Black
Publisher :
Page : 0 pages
File Size : 19,23 MB
Release : 1985
Category : Constitutional law
ISBN : 9780918024442
Author : Larry Yackle
Publisher : University of Chicago Press
Page : 274 pages
File Size : 16,33 MB
Release : 2008-09-15
Category : Political Science
ISBN : 0226944735
We often hear—with particular frequency during recent Supreme Court nomination hearings—that justices should not create constitutional rights, but should instead enforce the rights that the Constitution enshrines. In Regulatory Rights, Larry Yackle sets out to convince readers that such arguments fundamentally misconceive both the work that justices do and the character of the American Constitution in whose name they do it. It matters who sits on the Supreme Court, he argues, precisely because justices do create individual constitutional rights. Traversing a wide range of Supreme Court decisions that established crucial precedents about racial discrimination, the death penalty, and sexual freedom, Yackle contends that the rights we enjoy are neither more nor less than what the justices choose to make of them. Regulatory Rights is a bracing read that will be heatedly debated by all those interested in constitutional law and the judiciary.
Author : Jennifer Rothman
Publisher : Harvard University Press
Page : 170 pages
File Size : 47,49 MB
Release : 2018-05-07
Category : Law
ISBN : 0674986350
Who controls how one’s identity is used by others? This legal question, centuries old, demands greater scrutiny in the Internet age. Jennifer Rothman uses the right of publicity—a little-known law, often wielded by celebrities—to answer that question, not just for the famous but for everyone. In challenging the conventional story of the right of publicity’s emergence, development, and justifications, Rothman shows how it transformed people into intellectual property, leading to a bizarre world in which you can lose ownership of your own identity. This shift and the right’s subsequent expansion undermine individual liberty and privacy, restrict free speech, and suppress artistic works. The Right of Publicity traces the right’s origins back to the emergence of the right of privacy in the late 1800s. The central impetus for the adoption of privacy laws was to protect people from “wrongful publicity.” This privacy-based protection was not limited to anonymous private citizens but applied to famous actors, athletes, and politicians. Beginning in the 1950s, the right transformed into a fully transferable intellectual property right, generating a host of legal disputes, from control of dead celebrities like Prince, to the use of student athletes’ images by the NCAA, to lawsuits by users of Facebook and victims of revenge porn. The right of publicity has lost its way. Rothman proposes returning the right to its origins and in the process reclaiming privacy for a public world.
Author : Robert J. Sampson
Publisher : University of Chicago Press
Page : 573 pages
File Size : 29,68 MB
Release : 2024-04-08
Category : Social Science
ISBN : 0226834018
Great American City demonstrates the powerfully enduring impact of place. Based on one of the most ambitious studies in the history of social science, Robert J. Sampson’s Great American City presents the fruits of over a decade’s research to support an argument that we all feel and experience every day: life is decisively shaped by your neighborhood. Engaging with the streets and neighborhoods of Chicago, Sampson, in this new edition, reflects on local and national changes that have transpired since his book’s initial publication, including a surge in gun violence and novel forms of segregation despite an increase in diversity. New research, much of it a continuation of the influential discoveries in Great American City, has followed, and here, Sampson reflects on its meaning and future directions. Sampson invites readers to see the status of the research initiative that serves as the foundation of the first edition—the Project on Human Development in Chicago Neighborhoods (PHDCN)—and outlines the various ways other scholars have continued his work. Both accessible and incisively thorough, Great American City is a must-read for anyone interested in cutting-edge urban sociology and the study of crime.
Author :
Publisher :
Page : 760 pages
File Size : 24,46 MB
Release : 1903
Category : Law
ISBN :
Author : Omri Ben-Shahar
Publisher : Oxford University Press
Page : 257 pages
File Size : 28,74 MB
Release : 2021-05-17
Category : Law
ISBN : 0197522831
We live in a world of one-size-fits-all law. People are different, but the laws that govern them are uniform. "Personalized Law"---rules that vary person by person---will change that. Here is a vision of a brave new world, where each person is bound by their own personally-tailored law. "Reasonable person" standards would be replaced by a multitude of personalized commands, each individual with their own "reasonable you" rule. Skilled doctors would be held to higher standards of care, the most vulnerable consumers and employees would receive stronger protections, age restrictions for driving or for the consumption of alcohol would vary according the recklessness risk that each person poses, and borrowers would be entitled to personalized loan disclosures tailored to their unique needs and delivered in a format fitting their mental capacity. The data and algorithms to administer personalize law are at our doorstep, and embryos of this regime are sprouting. Should we welcome this transformation of the law? Does personalized law harbor a utopic promise, or would it produce alienation, demoralization, and discrimination? This book is the first to explore personalized law, offering a vision of law and robotics that delegates to machines those tasks humans are least able to perform well. It inquires how personalized law can be designed to deliver precision and justice and what pitfalls the regime would have to prudently avoid. In this book, Omri Ben-Shahar and Ariel Porat not only present this concept in a clear, easily accessible way, but they offer specific examples of how personalized law may be implemented across a variety of real-life applications.
Author : Elsie Basset
Publisher :
Page : 365 pages
File Size : 24,95 MB
Release : 1979
Category : Cataloging of legal literature
ISBN :
