Government Law

For most of the 20th century, the American founding has been presented as a struggle between social classes over issues arising primarily within, rather than outside, the United States. But in recent years, new scholarship has instead turned to the international history of the American union to interpret both the causes and the consequences of the US Constitution. Max M. Edling argues that the Constitution was created to defend US territorial integrity and the national interest from competitors in the western borderlands and on the Atlantic Ocean.

Why are Muslim men portrayed as inherently violent? Does the veil violate women's rights? Is Islam stopping Muslims from integrating? Across western societies, Muslims are more misunderstood than any other minority. But what does it mean to believe in Islam today, to have forged your beliefs and identity in the shadow of 9/11 and the War on Terror? Exploding stereotypes from both inside and outside the faith, The Muslim Problem shows that while we may think we know all about Islam we are often wrong about even the most basic facts.

Though often taken for granted, the modern American public defender is a recent invention with a surprisingly contentious history - one that offers insights not only about the "carceral state" but also about the contours and compromises of 20th-century liberalism.

Vor dem Gesetz sind alle gleich. Doch was geschieht, wenn geltendes Recht nicht mehr für jeden gilt und nicht ausnahmslos greift? Wenn gefällte Urteile nicht vollzogen werden? Wenn der Staat auf neue Entwicklungen in Zeiten von Digitalisierung und Globalisierung nicht angemessen reagiert? Wenn die Balance zwischen Freiheit und Sicherheit zunehmend zu Lasten der Freiheit verloren geht? Wenn zwar der Sozialstaat weiter ausgebaut wird, die Kernaufgaben des Rechtsstaates aber vernachlässigt werden?

The president of the National Bar Association and one of the most distinguished civil rights attorneys working today reflects on the landmark cases he has battled - including representing Trayvon Martin’s family - and offers a disturbing look at how the justice system is used to promote injustice in this memoir and clarion call as shocking and important as the best sellers Just Mercy and Slavery by Another Name and Ava DuVernay’s film 13th.

When Americans think of freedom, they often picture the open road. Yet nowhere are we more likely to encounter the long arm of the law than in our cars. Sarah Seo reveals how the rise of the automobile led us to accept - and expect - pervasive police power. As Policing the Open Road makes clear, this radical transformation in the nature and meaning of American freedom has had far-reaching political and legal consequences.

"No more dramatic courtroom scene has ever been enacted," reported the Syracuse Herald on May 22, 1915, as it covered "the greatest libel suit in history", a battle fought between former President Theodore Roosevelt and the leader of the Republican party. Roosevelt, the boisterous and mostly beloved legendary American hero, had accused his former friend and ally, now turned rival, William Barnes of political corruption. The furious Barnes responded by suing Roosevelt for an enormous sum that could have financially devastated him.

The life of John Marshall, founding father and America's premier chief justice. In 1801, a genial and brilliant Revolutionary War veteran and politician became the fourth chief justice of the US. He would hold the post for 34 years (still a record), expounding the Constitution he loved. Before he joined the Court, it was the weakling of the federal government, lacking in dignity and clout. After he died, it could never be ignored again.

Americans revere the Constitution even as they argue fiercely over its original toleration of slavery. Some historians have charged that slaveholders actually enshrined human bondage at the nation's founding. The acclaimed political historian Sean Wilentz shares the dismay but sees the Constitution and slavery differently. Although the proslavery side won important concessions, he asserts, antislavery impulses also influenced the framers' work. Far from covering up a crime against humanity, the Constitution restricted slavery's legitimacy under the new national government.

Few American institutions have inflicted greater suffering on ordinary people than the Supreme Court of the United States. Since its inception the justices of the Supreme Court have shaped a nation where children toiled in coal mines, where Americans could be forced into camps because of their race, and where a woman could be sterilized against her will by state law.

Most Americans still see Brown v. Board of Education as a triumph - but was it? James T. Patterson shrewdly explores the provocative questions that still swirl around the case. A wide range of characters animates the story, from the little-known African-Americans who dared to challenge Jim Crow with lawsuits; to Thurgood Marshall, who later became a Justice himself; to Earl Warren, who shepherded a fractured Court to a unanimous decision.

Brilliant. Colorful. Visionary. Tenacious. Witty. Since his appointment to the Supreme Court in 1986, Associate Justice Antonin Scalia has been described as all of these things, and for good reason.

Tell is the riveting story of Major Margaret Witt’s dedicated and decorated military career as a frontline flight nurse, and of her love and devotion to her partner - now wife - Laurie Johnson. Tell captures the tension and drama of the politically charged legal battle that led to the congressional repeal of the controversial law and helped pave the way for a suite of landmark political and legal victories for gay rights.

Equality is easy to grasp in theory but often hard to achieve in reality. In this accessible and wide-ranging work, American University law professor Robert L. Tsai offers a stirring account of how legal ideas that aren't necessarily about equality at all - ensuring fair play, behaving reasonably, avoiding cruelty, and protecting free speech - have often been used to overcome resistance to justice and remain vital today.

One promise of democracy is the right of every citizen to vote. And yet, from our founding, strong political forces were determined to limit that right. The Supreme Court, Alexander Hamilton wrote, would protect the weak against this very sort of tyranny. Still, as On Account of Race forcefully demonstrates, through the better part of American history the Court has instead been a protector of white rule. And complex threats against the right to vote persist even today.

When we think of Constitutional law, we invariably think of the US Supreme Court and the federal court system. Yet much of our constitutional law is not made at the federal level. In 51 Imperfect Solutions, US Court of Appeals Judge Jeffrey S. Sutton argues that American Constitutional law should account for the role of the state courts and state constitutions, together with the federal courts and the federal Constitution, in protecting individual liberties.

For the first time, best-selling author James B. Stewart sifts these conflicting accounts to present a clear-eyed view of what exactly happened inside the FBI in the lead-up to the 2016 election, drawing on scores of interviews with key FBI, Department of Justice, and White House officials and voluminous transcripts, notes, and internal reports. In full detail, this is the dramatic saga of the FBI’s simultaneous investigations of both Hillary Clinton and Donald Trump—the first time in American history the FBI has been thrust into the middle of both parties' presidential campaigns.

Through scare tactics and deliberate misinformation campaigns, anti-Muslim propagandists insist wrongly that shariah is a draconian and oppressive Islamic law that all Muslims must abide by. They circulate horror stories, encouraging Americans to fear the "takeover of shariah" law in America and even mounting "anti-shariah protests"...with zero evidence that shariah has taken over any part of our country. (That's because it hasn't.) It would be almost funny if it weren't so terrifyingly wrong - as puzzling as if Americans suddenly began protesting the Martian occupation of Earth.

Kropotkin's Law and Authority (1900) is a classic statement of anarchist thought. Considering prisons as “schools of crime”, he presents an anarchist critique of the law and the criminal-justice system.

Ottobre 2020: per la prima volta nella storia della magistratura un ex membro del Csm viene radiato dall'ordine giudiziario. Chi è Luca Palamara? Una carriera brillante avviata con la presidenza dell'Associazione nazionale magistrati a trentanove anni. A quarantacinque viene eletto nel Consiglio superiore della magistratura e, alla guida della corrente di centro, Unità per la Costituzione, contribuisce a determinare le decisioni dell'organo di autogoverno dei giudici.