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A obra, que nasce clássica, corresponde à versão revista e atualizada da tese de doutorado que o autor defendeu na Faculdade de Direito da Johann Wolfgang Goethe-Universität Frankfurt am Main e que lhe rendeu o prêmio Walter Kolb de melhor tese de doutorado da Universidade de Frankfurt e a medalha Otto Hahn de destaque científico da Sociedade Max Planck.

The sudden passing of Justice Antonin Scalia shook America. After almost 30 years on the Supreme Court, Scalia had become as integral to the institution as the hallowed room in which he sat. His wisecracking interruptions during oral arguments, his unmatched legal wisdom, his unwavering dedication to the Constitution, and his blistering dissents defined his leadership role on the court and inspired new generations of policymakers and legal minds.

Backcountry Democracy and the Whiskey Insurrection treats the legal culture that informed the Whiskey Rebellion of 1794 and its trials. Linda Myrsiades examines conflicts between state and federal courts and the judicial philosophy of Federalist judges, as well as grand jury charges, law reports, judges' bench notes, and defense notes for the trials, to develop a portrait of the hegemony of official interpretations of the law. At the same time, the book illuminates popular attitudes about the courts and the law and explores the nature of extralegal courts operated by the people.

Tauchen Sie ein in das Universum des Rechts auf Schweigen! Dieses umfassende Werk bietet eine tiefgründige Analyse dieses Grundrechts, das für die Suche nach Gerechtigkeit und den Schutz der Privatsphäre im globalen Kontext von entscheidender Bedeutung ist.

Constitutional originalism stakes law to history. The theory's core tenet—that the United States Constitution should be interpreted according to its original meaning—has us decide questions of modern constitutional law by consulting the distant constitutional past. Yet originalist engagement with history is often deeply problematic. In this comprehensive and novel critique of originalism, Jonathan Gienapp targets originalists' unspoken assumptions about the Constitution and its history.

In The Life and Death of Freedom of Expression, Richard Moon argues that freedom of expression is valuable because human agency and identity emerge in discourse–in the joint activity of creating meaning. Moon recognizes that the social character of individual agency and identity is crucial to understanding not only the value of expression but also its potential for harm.

In 1974, Judge George Boldt issued a ruling that affirmed the fishing rights and tribal sovereignty of Native nations in Washington State. The Boldt Decision transformed Indigenous law and resource management across the United States and beyond. The case also brought about far-reaching societal changes, reinforcing tribal sovereignty and remedying decades of injustice. Eminent legal historian and tribal advocate Charles Wilkinson tells the story of the Boldt Decision against the backdrop of salmon's central place in the cultures and economies of the Pacific Northwest.

Have you ever heard a bizarre law and thought, that can’t possibly be true? Is it genuine? Was it ever in existence or just an urban myth that became so embellished over time? There are surprisingly, a great many laws still in existence on the statute books today that would make your jaw drop. Whilst bizarre as these laws may now seem to us, it begs the question, are we in fact, unknowingly breaking these laws on a regular basis?

In A Legacy of Discrimination, leading constitutional scholars Lee C. Bollinger and Geoffrey R. Stone trace affirmative action's history and the legal challenges it has faced over the decades. They argue that in order to fully comprehend affirmative action's original intent and impact, we must reacquaint ourselves with the era in which it arose, beginning with the most important Supreme Court decision of the twentieth century, 1954's Brown v. Board of Education of Topeka, Kansas.

In this vivid and essential work of historical non-fiction, Kate Morgan explores the legal campaigns, test cases and individual injustices of the Victorian and Edwardian eras which fundamentally re-shaped the status of women under British law. These are seen through the untold stories of women whose cases became cornerstones of our modern legal system and shine a light on the historical inequalities of the law.

Lawyers don’t often admit this in mixed company, but Madiba Dennie wants to let you in on a secret: There's no one true way to interpret the Constitution. Americans saw just how subjective it can be when the Supreme Court denied basic bodily autonomy to millions of people in its Dobbs v. Jackson Women's Health Organization decision, suggesting that our rights and liberties are frozen in a cherry-picked version of history. This is a line of constitutional interpretation called originalism—a framework that says we must be constrained by the meaning of the Constitution's text when it was written.

Comment expliquer que le terme «?consentement?» occupe aujourd'hui une telle place dans le débat public, alors qu'il en était pratiquement absent il y a une dizaine d'années ? Et que signifie-t-il, au regard des usages multiples qui en sont faits, dans le champ de la philosophie, du droit, de la politique et du langage ordinaire ? Ces questions sont d'autant plus fondamentales que, selon le domaine dans lequel il est mobilisé, le consentement possède de nombreuses significations parfois sans rapport. Historiquement, l'idée de consentement remonte à l'Antiquité grecque et romaine.

In 1954, the Supreme Court's Brown decision ended segregated schooling in the United States, but regrettably, as documented in congressional testimony and transcripts, it also ended the careers of a generation of highly qualified and credentialed Black teachers and principals. In the Deep South and northern border states over the decades following Brown, Black schools were illegally closed and Black educators were displaced en masse. By engaging with the complicated legacy of the Brown decision, Leslie T. Fenwick illuminates a crucial chapter in education history.

On May 3, 1946, in St. Martinsville, Louisiana, a 17-year-old Black boy was scheduled for execution by electric chair. Willie Francis had been charged with murder; his trial had been brief; his death sentence never in doubt. When the executioners flipped the switch, Willie screamed and writhed as electricity coursed through his body. But Willie Francis did not die. Having miraculously survived, Willie was informed that the state would attempt to execute him a second time within a week.

Bizarro is a must-listen tale of the unprecedented prosecution of Burton Ritchie and Ben Galecki, the Florida-based founders of a sprawling "spice" (synthetic cannabinoid) operation. With this book, journalist and former New York City narcotics prosecutor Jordan S. Rubin exposes a Reagan-era law called the Analogue Act, which targets dealers selling drugs that are "substantially similar" to controlled substances—an unwieldy law that produces erratic results in court.

With SCALIA: Rise to Greatness, 1936-1986, the opening installment in a two-volume biography, acclaimed reporter and bestselling historian James Rosen provides the first comprehensive account of the life of Justice Antonin Scalia, whose singular career in government—including three decades on the Supreme Court—shaped American law and society in the twenty-first century.

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.

The Spycatcher affair remains one of the most intriguing moments in the history of British intelligence and a pivotal point in the public's relationship with the murky world of espionage and security. It lifted the lid on alleged Soviet infiltration of British services and revealed a culture of law-breaking, bugging and burgling. But how much do we know about the story behind the scandal?

Contracts and the Legal Odyssey: Unraveling the Interplay of Power, Ideology, and Justice delves into the historical development of the legal system with a particular focus on the increasing emphasis on contracts. The exploration is rooted in a deep understanding of how legal ideologies, the interests of socioeconomic elites, and societal norms have shaped the legal landscape.

For many years, Britain tried to impose its own laws on the peoples it conquered, and English common law usually followed the Union Jack. But the common law became less common after Britain emerged from the Seven Years' War as the world's most powerful empire. At that point, imperial policymakers adopted a strategy of legal pluralism: some colonies remained under English law, while others retained much of their previous legal regimes.