Featured New Books

December 2017

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The Transformation of Europe: Twenty-Five Years On

Book chapter by Professor Daniela Caruso “The Transformation of Europe in US Legal Academia and Its Legacy in the Field of Private Law”

Joseph Weiler’s The Transformation of Europe is one of the most influential works in the history of European studies. Twenty-five years after its original publication, this new collection of essays pays tribute to Weiler’s legacy by discussing some of the most pressing issues in contemporary European Union law, policy and constitutionalism. The book does not intend to be a simple expression of intellectual esteem for Weiler’s seminal work; instead, the collection honours it by critically engaging with some of its assumptions and theses. Overall, it shows how a study of 1991 can still be fundamental to the present and future of the EU, including the challenges of Brexit and Eurozone crises.

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Scalia Speaks: Reflections on Law, Faith, and Life Well Lived

This definitive collection of beloved Supreme Court Justice Antonin Scalia’s finest speeches covers topics as varied as the law, faith, virtue, pastimes, and his heroes and friends. Featuring a foreword by longtime friend Justice Ruth Bader Ginsburg and an intimate introduction by his youngest son, this volume includes dozens of speeches, some deeply personal, that have never before been published. Christopher J. Scalia and the Justice’s former law clerk Edward Whelan selected the speeches.

Americans have long been inspired by Justice Scalia’s ideas, delighted by his wit, and instructed by his intelligence. He was a sought-after speaker at commencements, convocations, and events across the country. Scalia Speaks will give readers the opportunity to encounter the legendary man more fully, helping them better understand the jurisprudence that made him one of the most important justices in the Court’s history and introducing them to his broader insights on faith and life.

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American Justice 2017: The Supreme Court in Crisis

With the death of associate justice Antonin Scalia, the Supreme Court was plunged into crisis. Refusing to hold hearings or confirm the nominee of a Democratic president almost a year away from a presidential election, the Republican-controlled Senate held the court hostage, forcing it to do its work through nearly the entire term ending in June 2017 with just eight justices. In American Justice 2017: The Supreme Court in Crisis, Kimberly Robinson examines the way individual justices and the institution as a whole reacted to this unprecedented, politically fraught situation.

In public, the justices put on brave faces, waiting for the confirmation battle to play itself out, while indicating in occasional statements that the court would muddle through just fine. In private, though, things appear to have been more complicated. Narrow decisions, lackluster choice of cases, and odd bedfellows teaming up on the same sides of opinions and dissents give us a hint of the strenuous effort the eight justices made to uphold the integrity of the institution in the face of hurricane-force partisan gales.

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Settled Versus Right: A Theory of Precedent

In this timely book, Randy J. Kozel develops a theory of precedent designed to enhance the stability and impersonality of constitutional law. Kozel contends that the prevailing approach to precedent in American law is undermined by principled disagreements among judges over the proper means and ends of constitutional interpretation. The structure and composition of the doctrine all but guarantee that conclusions about the durability of precedent will track individual views about whether decisions are right or wrong, and whether mistakes are harmful or benign. This is a serious challenge, but it also reveals a path toward maintaining legal continuity even as judges come and go. Kozel’s account of precedent should be read by anyone interested in the nature of the judicial role and the trajectory of constitutional law.

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The Political Theory of the American Founding: Natural Rights, Public Policy, and the Moral Conditions of Freedom

This book provides a complete overview of the American Founders’ political theory, covering natural rights, natural law, state of nature, social compact, consent, and the policy implications of these ideas. The book is intended as a response to the current scholarly consensus, which holds that the Founders’ political thought is best understood as an amalgam of liberalism, republicanism, and perhaps other traditions. West argues that, on the contrary, the foundational documents overwhelmingly point to natural rights as the lens through which all politics is understood. The book explores in depth how the Founders’ supposedly republican policies on citizen character formation do not contradict but instead complement their liberal policies on property and economics. Additionally, the book shows how the Founders’ embraced other traditions in their politics, such as common law and Protestantism.

 

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A Realistic Theory of Law

This book articulates an empirically grounded theory of law applicable throughout history and across different societies. Unlike natural law theory or analytical jurisprudence, which are narrow, abstract, ahistorical, and detached from society, Tamanaha’s theory presents a holistic vision of law within society, evolving in connection with social, cultural, economic, political, ecological, and technological factors. He revives a largely forgotten theoretical perspective on law that runs from Montesquieu through the legal realists to the present. This book explains why the classic question ‘what is law?’ has never been resolved, and casts doubt on theorists’ claims about necessary and universal truths about law. This book develops a theory of law as a social institution with varying forms and functions, tracing law from hunter-gatherer societies to the modern state and beyond. Tamanaha’s theory accounts for social influences on law, legal influences on society, law and domination, multifunctional governmental uses of law, legal pluralism, international law, and other legal aspects largely overlooked in jurisprudence.
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The Economic Approach to Law

Master teacher Thomas J. Miceli provides an introduction to law and economics that reveals how economic principles can explain the structure of the law and make it more efficient.

The third edition of this seminal textbook is thoroughly updated to include recent cases and the latest scholarship, with particular attention paid to torts, contracts, property rights, and the economics of crime. A new chapter organization, ideal for quarter- or semester-long courses, strengthens the book’s focus on unifying themes in the field. As Miceli tells a cohesive, analytical “story” about law from a distinctly economic perspective, exercises and problems encourage students to deepen their knowledge.

A companion website is available at http://www.sup.org/economiclaw. It offers a full suite of resources for both students and professors. Key pedagogical features include cases; discussion points that provide additional analysis of topics in the book; graduate notes, which enrich the text for more advanced readers; and relevant links. Professors have access to sample syllabi for undergraduate and graduate courses and an instructor’s manual, which provides answers to all of the end-of-chapter questions and problems in the book.

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Immigration Structures and Immigrant Lives: An Introduction to the US Experience

Immigration Structures and Immigrant Lives provides a concise, comprehensive, interdisciplinary introduction to United States immigration and immigrants. The book is presented in two parts. Part I addresses the history, structure, dynamics, and politics of United States immigration from colonial times to the present. Part II focuses on the lives of immigrants with separate chapters examining the immigrant struggle simply to live, the challenges and opportunities of work in America, the different beliefs and commitments that fortify immigrants in their new lives, and the many different ways in which immigrants come to belong in the United States. The introduction and epilogue bracket the United States experience within a broader consideration of human mobility and current global migration trends and issues. Tables, case examples, and a timeline help illuminate both the general shape of immigration and the details of immigrant life.

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Sympathy for the Cyberbully: How the Crusade to Censor Hostile and Offensive Online Speech Abuses Freedom of Expression 

In the first systematic account of judicial rulings striking down cyberbullying laws in the United States and Canada, Sympathy for the Cyberbully offers an unapologetic defense of online acid-tongued disparagers and youthful and adult sexters. In the first decade of the 21st century, legitimate concerns about the harmful effects of cyberbullying degenerated into a moral panic. The most troubling aspect of the panic has been a spate of censorship―the enactment of laws which breach long-standing constitutional principles, by authorizing police to arrest and juries to convict, and schools to suspend, individuals for engaging in online expression that would be constitutionally protected had it been communicated offline. These hastily drawn statutes victimize harsh critics of elected officials, scholars, school officials and faculty, distributors of constitutionally protected pornography, adolescents “talking smack,” and teens who engage in the consensual exchange of nude images, even in states where teens of a certain age enjoy the right to engage in sexual relations. The victims’ stories are told here.

 

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The Full Weight of the Law: How Legal Professionals Can Recognize and Rebound from Depression

Law students and lawyers report having a significantly higher rate of depression than the general population. When untreated, depression affects lawyers and their clients, families, friends, and colleagues. In addition to the effects of mental health conditions on lawyers’ lives, the same disorders can lead to substantial disciplinary issues that threaten attorneys’ ability to practice law. Unfortunately, for many struggling with burdens like depression, it is only when they reach their breaking point, or encounter unavoidable professional consequences, that they feel ready to reach out for assistance. So many benefits could be derived if the problems that can grow to consume a lawyer’s life and career are solved early. Authors Shawn Healy, Ph.D. and Jeffrey Fortgang, Ph.D. work directly with lawyers, law students, and judges who are suffering because of depression. In this book they offer hope through practical, realistic recommendations to help lawyers and the people who care about them understand the causes and symptoms of depression, various forms of treatment, and how to help a lawyer who may suffer from the condition.

Texts from book descriptions. Copyright reserved by publishers.