The Law of American State Constitutions

Second Edition

Robert F. Williams and Lawrence Friedman

• Provides a comprehensive survey of all aspects of state constitutional law
• Offers an accessible general introduction to state constitutional law

New to this Edition:

• Includes a new section considering the issue of same-sex marriage in the context of state constitutional law
• Considers the future of state constitutional individual rights interpretation and the importance of state constitutional amendment in light of U.S. Supreme Court developments.

Table of Contents

Introduction
I - State Constitutions in American Constitutional Federalism
Chapter 1. The Other American Constitutions
Chapter 2. The Pre-Federal “State” Constitutions: The Founding Decade
Chapter 3. The Evolving American State Constitutions
Chapter 4. Federal Limits on State Constitutions
II - Rights Guarantees under State Constitutions: The New Judicial Federalism
Chapter 5. The New Judicial Federalism
Chapter 6. Methodology in State Constitutional Rights Interpretation
Chapter 7. Lockstepping State Constitutional Rights with Federal Constitutional Law
III - Structure of State Government
Chapter 8. State Constitutional Distribution of Powers
Chapter 9. The State Legislative Branch
Chapter 10. The State Judicial Branch
Chapter 11. The State Executive Branch
IV - Unique Interpretation Issues in State Constitutional Law
Chapter 12. Interpreting State Constitutions
V - State Constitutional Amendment and Revision
Chapter 13. Amending and Revising State Constitutions
Chapter 14. Judicial Involvement in State Constitutional Amendment and Revision
Bibliographical Essay
Index

The Judicial System of Russia

 The Judicial System of Russia

Prof Kathryn Hendley and Prof Peter H. Solomon, Jr.

Judicial Systems of the World

• Provides a succinct and informative overview of the evolution of the Russian courts
• Explains the structure and jurisdiction of the Russian courts and their performance in resolving criminal, civil, administrative, constitutional, and business disputes
• Analyses the relationship of courts and judges to post-Soviet Russia's political system, offering both current and historical accounts
• 
  

  Table of Contents

  PART ONE: Historical Perspectives
  1. Legacies from the Past: Tsarism and the Soviet Experience
  2. The (Re)Making of Courts and Judicial Governance, 1988-2021
  PART TWO: People, Attitudes, Politics
  3. Judges and the Judiciary: Recruitment, Discipline, Careers
  4. Lawyers: Training and Role in the Courts
  5. Public Attitudes Towards Courts and the Use of Courts
  6. Cases with Outside or Inappropriate Influence
  PART THREE: The Administration of Justice or Courts in Action
  7. Justice-of-the-Peace Courts and Everyday Law
  8. The Administration of Criminal Justice
  9. Civil Justice
  10. The Arbitrazh Courts and Business Disputes
  11. Constitutional and Administrative Justice

The Germ of Justice Essays in General Jurisprudence

 The Germ of Justice

Essays in General Jurisprudence

Leslie Green

• Provides a critical study of the leading problems surrounding contemporary jurisprudence
• Offers detailed discussions of key works by Hume, Kelsen, Hart, Dworkin, Finnis, and Raz
• Written in a clear and accessible style that will make it an ideal introductory text for students of law, philosophy, and political theory.

Table of Contents

Law, As Such
1. The Concept of Law Revisited
2. Law as a Means
3. Custom and Convention at the Foundations of Law
4. Realism and the Sources of Law
5. Feminism in Jurisprudence
Law and Morality
6. The Germ of Justice
7. The Inseparability of Law and Morals
8. The Morality in Law
9. The Role of a Judge
10. Should Law Improve Morality?
The Demands of Law
11. Hume on Allegiance
12. Associative Obligations and the State
13. The Forces of Law
14. The Duty to Govern

The American Law Institute A Centennial History

 

The American Law Institute

A Centennial History

Andrew S. Gold and Robert W. Gordon

• Offers a unique collection of essays on the American Law Institute's significance from the vantage point of its centennial, including treatment of both early history and current developments
• Includes contributions from leading scholars who are experts in their fields (covering a variety of topics including legal history, criminal law, commercial law, and family law)
• Provides an in-depth scholarly history of the ALI, its role in legal reform, and the various ways it has impacted law in the United States.

Table of Contents

Part I: Founding and Development of the American Law Institute
Chapter 1: The American Law Institute at 100: A Three Decade Personal Reflection, Roberta Ramo
Chapter 2: The Need for Restatement of the Common Law: A Long Look Back, David Seipp
Chapter 3: The Work of The American Law Institute in Historical Context, Kenneth S. Abraham & G. Edward White
Chapter 4: Restating the Law in the Shadow of Codes: The ALI in Its Formative Era, Deborah A. DeMott

Part II: Restatements
Chapter 5: Canon and Fireworks: Reliance in the Restatements of Contracts and Reliance on Them, Richard Brooks
Chapter 6: Conflict of Laws in the ALI's First Century, Symeon C. Symeonides
Chapter 7: The Restatements of Trusts - Revisited, Naomi Cahn, Deborah Gordon, Allison Tait
Chapter 8: Torts in the American Law Institute, John C. P. Goldberg
Chapter 9: The Restatement of Property: The Curse of Incompleteness, Thomas W. Merrill
Chapter 10: The International Law Profile of the ALI, George A. Bermann
Chapter 11: Constructing a Legal Field: The Restatement of the Law Governing Lawyers, W. Bradley Wendel
Chapter 12: A Short History of the Restatement of Restitution and Unjust Enrichment, Emily Sherwin

Part III: Codes
Chapter 13: The Uniform Commercial Code and the Ongoing Quest for an Efficient and Fair Commercial Law, Robert E. Scott
Chapter 14: From Restatement to Model Penal Code: The Progress and Perils of Criminal Law Reform, Kimberly Kessler Ferzan

Part IV: Principles
Chapter 15: Special Interests at the Gate: The ALI Corporate Governance Project, 1978-1992, William W. Bratton
Chapter 16: The ALI Principles of the Law of Family Dissolution: Addressing Family Inequality Through Functional Regulation, Linda C. McClain & Douglas NeJaime
Chapter 17: Aggregationists at the Barricades: Assessing the Impact of the Principles of the Law of Aggregate Litigation, Linda S. Mullenix

Part V: Restatements and Legal Theory
Chapter 18: Restatements and Realists, Robert W. Gordon
Chapter 19: The Restatements as Law, Frederick Schauer
Chapter 20: Restatements and the Common Law, Andrew A. Gold and Henry E. Smith

 

Sovereignty, International Law, and the Princely States of Colonial South Asia

Priyasha Saksena

The History and Theory of International Law

• Places the princely states of colonial South Asia at the heart of debates over the boundaries of international law
• Examines debates over the legal status of the princely states to analyse the relationship between colonialism and international law in South Asia
• Draws on extensive archival research to present legal arguments made by international lawyers, British politicians, colonial officials, rulers and bureaucrats of princely states, and anticolonial nationalists in British India
• Explores the changing meaning of sovereignty in colonial South Asia.

Table of Contents

1. Introduction
2. Setting the Stage: The Legal Construction of British Paramountcy
3. Jousting Over Jurisdiction: Sovereignty Debates in the Aftermath of the 1857 Rebellion
4. The Controversy Over Divisible Sovereignty: The Princes and the Indian States Committee
5. Political Negotiations: The Princes in the Federation Debates
6. Building the Nation: The Princely States in the Age of Decolonization
7. Epilogue

 

Oxford Studies in Private Law Theory: Volume II

Paul B. Miller and John Oberdiek

• Coverage of the latest developments in private law theory written and edited by leaders in the field
• Contributors write in a wide range of subfields of private law including the theoretical analysis of tort law, property law, and contract law

Table of Contents

About the Editors
List of Contributors
Acknowledgements
1. Justifying Private Law, Felipe Jimenez
2. Who Has the Power to Enforce Private Rights?, Rebecca Stone
3. Defensive and Remedial Liability, Sandy Steel
4. Taking Raz Seriously: On the Value of Autonomy and its Relation to Private Law, James Penner
5. Justifying Equity's Control of Power: Fiduciary Status and Beyond, Jessica Hudson
6. Two Standards of Repair: Restoration and Resilience, Erik Encarnacion
7. Understanding the Complex Loyalty of Lawyers: Dual—Comission, Governance Mandate, and Intrinsic—Limit Analyses, William Bradley Wendel
8. Irreparable Injury and the Limits of the Law of Torts, Gregory Keating
9. The Role of Democracy in Private Law, Arie Rosen

From Morality to Law & Back Again: Liber Amicorum for John Gardner

From Morality to Law & Back Again: 

Liber Amicorum for John Gardner

Michelle Madden Dempsey and François Tanguay-Renaud

• A celebration of and homage to Gardner's academic life, tackling a broad range of topics across Gardner's entire body of work
• The collection brings together most of John Gardner's doctoral students who are now leading academics in their own right on four continents, as well as others whom Gardner influenced in their early career.

  Table of Contents

  1. Law and Social Practice: Foundations of the Leap of Faith, Jean Thomas
  2. Can the Constitution of a Fruit Fly Be Written?, Grégoire Webber
  3. Gardner's Pluralistic Virtue Jurisprudence, Amalia Amaya
  4. The Importance of Being Effective, Aditi Bagchi
  5. Hume's Law (in Gardner and otherwise), Luís Duarte d'Almeida
  6. Explaining Ourselves in Court, James Edwards
  7. Private, Public and Punitive Blame, Leora Dahan Katz
  8. Blame and Punishment: The Difference Duty Makes, Michelle Madden Dempsey
  9. Vindicating Criminal Law, Scott Hershovitz
  10. State Crimes, François Tanguay-Renaud
  11. Rape Trauma and Rape's Wrongness, Kate Greasley
  12. John Gardner's Continuity Theory of Corrective Justice, Peter Chau
  13. Never Let Me Go: Private Law and the Conservative Impulse, Prince Saprai
  14. Virtuously Discriminating: John Gardner's Contributions to Discrimination Theory, Sophia Moreau
  15. Indigenous Rights and Decolonized Legal Positivism, Dwight Newman
  16. Big E Equity, Small C Conservatism, Irit Samet

EU Fiscal Federalism Past, Present, Future

 

EU Fiscal Federalism

Past, Present, Future

Edited by Alicia Hinarejos and Robert Schütze

• The first comprehensive legal volume of its kind on the topic of fiscal federalism within the European Union (EU)
• Brings together a distinguished team of experts to analyse key aspects of the single market from free movement, banking union, state aid, and tax harmonisation, to the EU budget and Economic and Monetary Union
• Provides an overview of the EU's fiscal powers and influence across all relevant areas
• Informed by the latest developments in the debate about a greater fiscal capacity for the EU

TABLE OF CONTENT:

Introduction, Alicia Hinarejos and Robert Schütze
Part I. The Internal Market of the Union
1. Fiscal Barriers in the Internal Market, Robert Schütze
2. Tax Powers and the EU State Aid Regime, Francesco de Cecco
3. The Harmonisation of Indirect Taxes, Edoardo Traversa and Elena Masseglia
4. The Harmonisation of Direct Taxes, Christiana Panayi
5. The Banking Union: From the Past to the Future, Kern Alexander
Part II. The Fiscal Policy of the Union
6. EU Fiscal Coordination: Past and Present, Antonio Estella
7. Never Waste a Good Crisis: On the Emergent EU Fiscal Capacity, Fabian Amtenbrink and Menelaos Markakis
8. EU Borrowing and Safe Assets, Michael Waibel and Sebastian Grund
9. EU Budget and Spending Powers, Cristina Fasone
10. Fiscal Union by Other Means? The ECB and the Courts, Alicia Hinarejos
Epilogue: Democratizing Fiscal Europe, Thomas Piketty and Antoine Vauchez

Decolonizing the Criminal Question Colonial Legacies, Contemporary Problems

 

Decolonizing the Criminal Question

Colonial Legacies, Contemporary Problems

Edited by Ana Aliverti, Henrique Carvalho, Anastasia Chamberlen, and Máximo Sozzo

• Focuses on the relationship between criminal justice and the legacy of colonialism, a topical yet neglected concern in criminology research
• Provides broad interdisciplinary discussions of state and penal power, criminal and social justice, and colonialism and imperialism
• Raises and addresses important questions about the structure, remit and aims of criminology and criminal justice