Constructing Basic Liberties

Constructing Basic Liberties
Author: James E. Fleming
Publisher: University of Chicago Press
Total Pages: 285
Release: 2022-08-30
Genre: Law
ISBN: 0226821412

A strong and lively defense of substantive due process. From reproductive rights to marriage for same-sex couples, many of our basic liberties owe their protection to landmark Supreme Court decisions that have hinged on the doctrine of substantive due process. This doctrine is controversial—a battleground for opposing views around the relationship between law and morality in circumstances of moral pluralism—and is deeply vulnerable today. Against recurring charges that the practice of substantive due process is dangerously indeterminate and irredeemably undemocratic, Constructing Basic Liberties reveals the underlying coherence and structure of substantive due process and defends it as integral to our constitutional democracy. Reviewing the development of the doctrine over the last half-century, James E. Fleming rebuts popular arguments against substantive due process and shows that the Supreme Court has constructed basic liberties through common law constitutional interpretation: reasoning by analogy from one case to the next and making complex normative judgments about what basic liberties are significant for personal self-government. Elaborating key distinctions and tools for interpretation, Fleming makes a powerful case that substantive due process is a worthy practice that is based on the best understanding of our constitutional commitments to protecting ordered liberty and securing the status and benefits of equal citizenship for all.

Core Concepts in Criminal Law and Criminal Justice

Core Concepts in Criminal Law and Criminal Justice
Author: Kai Ambos
Publisher: Cambridge University Press
Total Pages: 507
Release: 2020-01-16
Genre: Law
ISBN: 1108483399

A comparative and collaborative study of the foundational principles and concepts that underpin different domestic systems of criminal law.

Magna Carta

Magna Carta
Author: Randy James Holland
Publisher:
Total Pages: 0
Release: 2014
Genre: Constitutional history
ISBN: 9780314676719

An authoritative two volume dictionary covering English law from earliest times up to the present day, giving a definition and an explanation of every legal term old and new. Provides detailed statements of legal terms as well as their historical context.

Defending Due Process

Defending Due Process
Author: Brandon L. Garrett
Publisher: John Wiley & Sons
Total Pages: 166
Release: 2024-11-13
Genre: Law
ISBN: 1509563881

We all feel unfairness deeply when treated in rash ways. We expect and the law requires that government officials take fairness seriously, giving notice and an opportunity to be heard before taking our rights away. That is why the U.S. Constitution commands, twice, that no one shall be deprived of life, liberty, or property without due process of law. Yet in overheated debates, people argue that others do not deserve any presumption of innocence. In courtrooms and colleges, police stations and jails, restaurants and libraries, print and online, the democratic value of due process is up for grabs. Why is process under so much pressure? Brandon Garrett exposes widening fault lines. One division lies within our own attitudes, and he explores why we are tempted to put desired outcomes before fair process. Another lies in government, as judges adopt toothless due process rules. People are trapped in debt for unpaid traffic fines; sheriffs seize and forfeit belongings; algorithms suspend teachers’ employment; officials use flawed data to cancel healthcare; and magistrates order arrestees jailed because they cannot pay cash bail. Meanwhile, the rise of AI threatens what remains of due process with black box technology. To fight against such unfairness, lawyers try to challenge unjust systems, researchers demonstrate why such processes are so counterproductive, and lawmakers try to enact new protections. Common ground matters now more than ever to mend political polarization, cool simmering distrust of government, prevent counterproductive errors, and safeguard constitutional rights. A revival of due process is long overdue.

Eternally Vigilant

Eternally Vigilant
Author: Lee C. Bollinger
Publisher: University of Chicago Press
Total Pages: 348
Release: 2003-04
Genre: Law
ISBN: 9780226063546

While freedom of speech has been guaranteed us for centuries, the First Amendment as we know it today is largely a creation of the past eighty years. Eternally Vigilant brings together a group of distinguished legal scholars to reflect boldly on its past, its present shape, and what forms our understanding of it might take in the future. The result is a unique volume spanning the entire spectrum of First Amendment issues, from its philosophical underpinnings to specific issues like campaign regulation, obscenity, and the new media. "With group efforts, such as this collection of essays, it is almost inevitable that there will be a couple—and often several—duds among the bunch, or at least a dismaying repetition of ideas. Such is not the case here. . . . Whether one agrees with a given author or not (and it is possible to do both with any of the essays), each has something to add. Overall, Eternally Vigilant is a thoughtful and thought-provoking book, consistently intelligent and, at times, brilliant."—Richard J. Mollot, New York Law Journal Contributors: Lillian R. BeVier Vincent Blasi Lee C. Bollinger Stanley Fish Owen M. Fiss R. Kent Greenawalt Richard A. Posner Robert C. Post Frederick Schauer Geoffrey R. Stone David A. Strauss Cass R. Sunstein

Sexual Justice

Sexual Justice
Author: Alexandra Brodsky
Publisher: Metropolitan Books
Total Pages: 217
Release: 2021-08-24
Genre: Social Science
ISBN: 1250262534

A pathbreaking work for the next stage of the #MeToo movement, showing how we can address sexual harms with fairness to both victims and the accused, and exposing the sexism that shapes today's contentious debates about due process Over the past few years, a remarkable number of sexual harassment victims have come forward with their stories, demanding consequences for their assailants and broad societal change. Each prominent allegation, however, has also set off a wave of questions – some posed in good faith, some distinctly not – about the rights of the accused. The national conversation has grown polarized, inflamed by a public narrative that wrongly presents feminism and fair process as warring interests. Sexual Justice is an intervention, pointing the way to common ground. Drawing on core principles of civil rights law, and the personal experiences of victims and the accused, Alexandra Brodsky details how schools, workplaces, and other institutions can – indeed, must – address sexual harms in ways fair to all. She shows why these allegations cannot be left to police and prosecutors alone, and outlines the key principles of fair proceedings outside the courts. Brodsky explains how contemporary debates continue the long, sexist history of “rape exceptionalism,” in which sexual allegations are treated as uniquely suspect. And she calls on readers to resist the anti-feminist backlash that hijacks the rhetoric of due process to protect male impunity. Vivid and eye-opening, at once intellectually rigorous and profoundly empathetic, Sexual Justice clears up common misunderstandings about sexual harassment, traces the forgotten histories that underlie our current predicament, and illuminates the way to a more just world.

General Principles of Law and International Due Process

General Principles of Law and International Due Process
Author: Charles T. Kotuby, Jr.
Publisher: Oxford University Press
Total Pages: 305
Release: 2017-02-15
Genre: Law
ISBN: 0190642726

Article 38 of the Statute of the International Court of Justice defines "international law" to include not only "custom" and "convention" between States but also "the general principles of law recognized by civilized nations" within their municipal legal systems. In 1953, Bin Cheng wrote his seminal book on general principles, identifying core legal principles common to various domestic legal systems across the globe. This monograph summarizes and analyzes the general principles of law and norms of international due process, with a particular focus on developments since Cheng's writing. The aim is to collect and distill these principles and norms in a single volume as a practical resource for international law jurists, advocates, and scholars. The information contained in this book holds considerable importance given the growth of inter-state intercourse resulting in the increased use of general principles over the past 60 years. General principles can serve as rules of decision, whether in interpreting a treaty or contract, determining causation, or ascertaining unjust enrichment. They also include a core set of procedural requirements that should be followed in any adjudicative system, such as the right to impartiality and the prohibition on fraud. Although the general principles are, by definition, basic and even rudimentary, they hold vital importance for the rule of law in international relations. They are meant not to define a rule of law, but rather the rule of law.

Rehabilitating Lochner

Rehabilitating Lochner
Author: David E. Bernstein
Publisher: University of Chicago Press
Total Pages: 204
Release: 2011-05-15
Genre: History
ISBN: 0226043533

In this timely reevaluation of an infamous Supreme Court decision, David E. Bernstein provides a compelling survey of the history and background of Lochner v. New York. This 1905 decision invalidated state laws limiting work hours and became the leading case contending that novel economic regulations were unconstitutional. Sure to be controversial, Rehabilitating Lochner argues that the decision was well grounded in precedent—and that modern constitutional jurisprudence owes at least as much to the limited-government ideas of Lochner proponents as to the more expansive vision of its Progressive opponents. Tracing the influence of this decision through subsequent battles over segregation laws, sex discrimination, civil liberties, and more, Rehabilitating Lochner argues not only that the court acted reasonably in Lochner, but that Lochner and like-minded cases have been widely misunderstood and unfairly maligned ever since.

Cancel Culture

Cancel Culture
Author: Alan Dershowitz
Publisher: Simon and Schuster
Total Pages: 175
Release: 2020-11-17
Genre: Political Science
ISBN: 1510764917

In Cancel Culture, Alan Dershowitz—New York Times bestselling author and one of America’s most respected legal scholars—makes an argument for free speech, due process, and restraint against the often overeager impulse to completely cancel individuals and institutions at the ever-changing whims of social media-driven crowds. 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 intense criticism for his steadfast and consistent championing of those same principles, and his famed “shoe‑on‑the‑other‑foot test,” to those who have been “cancelled” for any number of faults, both real and imagined. Cancel Culture is a defense of due process, free speech, and even-handedness in the application of judgment. It makes the case for restraint and care in decisions about whom and what to cancel, boycott, deplatform, and bar from public life, and offers recommendations for when, why, and to what degree these steps may be appropriate, as long as objective, fair-minded criteria can be determined and met. While Dershowitz argues against the worst excesses of cancel culture—the rush to judgment and the devastating results it can have on those who may be innocent, the power of social media to effect punishment without a thorough examination of evidence, the idea that historical events can be viewed through the same lens as actions in the present day—he also acknowledges that its defenders ostensibly try to use it to create meaningful, positive change, and notes that cancelling may itself be a constitutionally protected form of free speech. In the end, Cancel Culture represents an icon in the defense of free speech and due process reckoning with the greatest challenge and threat to these rights since the rise of McCarthyism. It is essential reading for anyone interested in or concerned about cancel culture, its effects on our society, and its significance in a greater historical and political context.