検索キーワード： 歴史

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.

Will abortion be legal? Should people of the same sex be allowed to marry? May colleges prefer black applicants over white ones? These are among the most bitterly contested issues in the United States today. We answer these questions, and many more, by presenting them to nine lawyers—the justices of the Supreme Court of the United States. No other nation commits so many important questions to its highest court. Stuart Banner’s The Most Powerful Court in the World is an authoritative history of the United States Supreme Court from the Founding era to the present.

For more than fifty years, a power plant in the small town of Kingston, Tennessee,  burned fourteen thousand tons of coal a day, gradually creating a mountain of ashen waste sixty feet high and covering eighty-four acres, contained only by an earthen embankment. In 2008, just before Christmas, that embankment broke, unleashing a lethal wave of coal sludge that covered three hundred acres, damaged nearly thirty homes, and precipitating a cleanup effort that would cost more than a billion dollars—and the lives of more than fifty cleanup workers who inhaled the toxins it released.

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.

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.

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?

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.

The dramatic story of the 1925 Scopes trial, which captivated the nation and exposed profound divisions in America that still resonate today—divisions over the meaning of freedom, religion, education, censorship, and civil liberties in a democracy.

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.

What is justice? Do our legal courts dispense it? Has our judicial process improved, for the victims, the accused and for society? What more must be done to ensure genuine justice is carried out in future? Following on the heels of her bestseller Unlawful Killings, Old Bailey judge Wendy Joseph KC places her listeners at the heart of the courtroom drama, and asks questions of the institutions tasked to deliver what is right and fair. Unpicking the fatal foibles of our legal system, Joseph asks British courts to face up to their failings, as she makes her own compelling case for change.

Right in the middle of the German constitution, a group of ordinary citizens discovers a forgotten clause that allows them to take 240,000 homes back from multi-billion corporations. In this work of creative non-fiction, scholar-activist and Nine Dots Prize winner Joanna Kusiak tells the story of a grassroots movement that convinced a million Berliners to pop the speculative housing bubble. She offers a vision of urban housing as democratically held commons, legally managed by a radically new institutional model that works through democratic conflicts.

Plongez dans une analyse impartiale et complète de la légalisation du cannabis, depuis ses débuts jusqu'à ses implications sociales, économiques et sanitaires.

The Supreme Court and the Philosopher illustrates how the modern US Supreme Court has increasingly adopted a view of the constitutional right to the freedom of expression that is classically liberal in nature, reflecting John Stuart Mill's reasoning in On Liberty. A landmark treatise outlining the merits of limiting governmental and social power over the individual, On Liberty advocates for a maximum protection of human freedom.

Fights over history are at the heart of most important constitutional disputes in America. The Supreme Court's current embrace of originalism is only the most recent example of how lawyers and judges try to use history to establish authority for their positions. Jack M. Balkin argues that fights over constitutional interpretation are often fights over collective memory. Balkin shows how lawyers and judges channel history through standard forms of legal argument that shape how they use history and even what they see in history.

New Deal Law and Order follows President Franklin Roosevelt, Attorney General Homer Cummings, and their war on crime coalition, which overcame the institutional and political challenges to the legitimacy of national law enforcement. Promises of law and order helped to manage tensions among key Democratic Party factions—organized labor, Black Americans, and white Southerners. Their anticrime program, featuring a strengthened criminal code, an empowered FBI, and the first federal war on marijuana, was essential to the expansion of national authority previously stymied on constitutional grounds.

In this book, author Orde Kittrie draws on his experiences as a lawfare practitioner, US State Department attorney, and international law scholar in analyzing the theory and practice of lawfare. Kittrie explains how factors including the increased reach of international laws and tribunals and the rise of economic globalization and information technology have fueled lawfare's increasing power and prevalence.

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.

John Montgomery analyzes and critiques "deconstructionism" in the field of law, and examines sometimes hilarious examples of lawyers' reasoning.

An appreciation of the “greatest common law jurist of the 20th Century,” these two lectures also include a comparison and contrast of the Parliamentary system of Commonwealth countries within which Lord Denning operated and American Constitutionalism.