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Five Constitutional Ideas That Have Shaped the American University
American college campuses, where ideas are freely exchanged, contested, and above all uncensored, are historical hotbeds of political and social turmoil. In the past decade alone, the media has carefully tracked the controversy surrounding the speech of Iranian President Mahmoud Ahmadinejad at Columbia, the massacres at Virginia Tech, the dismissal of Harvard's President Lawrence Summers, and the lacrosse team rape case at Duke, among others. No matter what the event, the conflicts that arise on our campuses can be viewed in terms of constitutional principles, which either control or influence outcomes of these events. In turn, constitutional principles are frequently shaped and forged by campus culture, creating a symbiotic relationship in which constitutional values influence the nature of universities, which themselves influence the nature of our constitutional values.
In The Constitution Goes to College, Rodney A. Smolla—a former dean and current university president who is an expert on the First Amendment—deftly uses the American university as a lens through which to view the Constitution in action. Drawing on landmark cases and conflicts played out on college campuses, Smolla demonstrates how five key constitutional ideas—the living Constitution, the division between public and private spheres, the distinction between rights and privileges, ordered liberty, and equality—are not only fiercely contested on college campuses, but also dominate the shape and identity of American university life.
Ultimately, Smolla compellingly demonstrates that the American college community, like the Constitution, is orderly and hierarchical yet intellectually free and open, a microcosm where these constitutional dichotomies play out with heightened intensity.
Arguably no political principle has been more central than the separation of powers to the evolution of constitutional governance in Western democracies. In the definitive work on the subject, M. J. C. Vile traces the history of the doctrine from its rise during the English Civil War, through its development in the eighteenth century—when it was indispensable to the founders of the American republic—through subsequent political thought and constitution-making in Britain, France, and the United States. The author concludes with an examination of criticisms of the doctrine by both behavioralists and centralizers—and with "A Model of a Theory of Constitutionalism." The new Liberty Fund second edition includes the entirety of the original 1967 text published by Oxford, a major epilogue entitled "The Separation of Powers and the Administrative State," and a bibliography.
M. J. C. Vile is Professor of Politics at the University of Kent at Canterbury and author also of The Structure of American Federalism.
Empathy/Antipathy in U.S. Literature and Law
In her engaging book, Constructing the Enemy, Rajini Srikanth probes the concept of empathy, attempting to understand its different types and how it is—or isn't—generated and maintained in specific circumstances.
Using literary texts to illuminate issues of power and discussions of law, Srikanth focuses on two case studies— the internment of Japanese citizens and Japanese Americans in World War II, after the bombing of Pearl Harbor, and the detainment of Muslim Americans and individuals from various nations in the U.S. prison at Guantanamo Bay.
Through primary documents and interviews that reveal why and how lawyers become involved in defending those who have been designated “enemies,” Srikanth explores the complex conditions under which engaged citizenship emerges. Constructing the Enemy probes the seductive promise of legal discourse and analyzes the emergence and manifestation of empathy in lawyers and other concerned citizens and the wider consequences of this empathy on the institutions that regulate our lives.
Representation and the Jury in Anglo-American Legal History
In Contract and Consent, the renowned legal historian J. R. Pole posits that legal history has become highly specialized, while mainstream political and social historians frequently ignore cases that figure prominently in the legal literature. Pole makes a start at remedying the situation with a series of essays that reintegrate legal with political and social history. A central theme of the essays is the link between Anglo-American common law and contract law and American political and constitutional principles. Pole also emphasizes the political functions of legal institutions in English and American history, going so far as to suggest that we need to divest ourselves of any notion of the separation of powers. Instead, we need to acknowledge the historical role of courts, juries, and the common law as agencies of political representation and as promulgators of law and policy.
Other essays show the implications of independence for American law, and how American political scientists converted the concept of sovereignty from its authoritarian claims in the eighteenth century into a product of the political process in the nineteenth and twentieth centuries. Although the American colonies made their own versions of the common law,there was no simple division between "English" and "American" law. But it was of fundamental importance that an entitled, landed aristocracy was never imported into or allowed to take root in America, with the result that American law was much simpler than its English counterpart, with the latter's accretion of esoteric language and procedures.
Having established the basis of Anglo-American legal history in contract and common law in part one, in the second half of the volume Pole explores various constitutional and legal themes, from bicameralism in Britain and America and the role of the Constitution in the making of American nationality to the performance of representative institutions in the century following the American Revolution.
The Nile River and the Riparian States
The Nile River is the longest river in the world covering nearly 7,000 kilometres. It traverses ten countries in Africa, Burundi, the Democratic Republic of Congo (DRC), Egypt, Eritrea, Ethiopia, Kenya, Rwanda, Sudan, Tanzania, and Uganda, with South Sudan as the eleventh riparian state once it acquires its sovereignty. Of the more than 300 million inhabitants in the ten riparian states, the Nile River Basin is home to nearly 160 million people. The interlocking controversies surrounding the utilisation of the waters of the Nile River and the resources therein have centered on the 1929 Anglo-Egyptian and the 1959 Egypto-Sudanese treaties, which have largely ignored the interests of the upstream states. Through the Nile Basin Initiative (NBI) established in 1999, the riparian states concluded, in 2010, the Agreement on the River Nile Basin Cooperative Framework (CFA) based on the principle of equitable and reasonable utilisation, the objective of which is to establish durable legal regime in the Nile River Basin. This book addresses the complexities inherent in the colonial and post-colonial treaties and agreements and their implications for the interests of the riparian states and the region in general. It is the first book of its kind that covers the ten riparian states in a single volume and deals comprehensively with politico-legal questions in the Nile River Basin as well as conventions on the international water courses and their relevance to the region.
Stories from the Front Lines of Public Service
Whether on a patrol beat, in social service offices, or in public school classrooms, street-level workers continually confront rules in relation to their own beliefs about the people they encounter. Cops, Teachers, Counselors is the first major study of street-level bureaucracy to rely on storytelling. Steven Maynard-Moody and Michael Musheno collect the stories told by these workers in order to analyze the ways that they ascribe identities to the people they encounter and use these identities to account for their own decisions and actions. The authors show us how the world of street-level work is defined by the competing tensions of law abidance and cultural abidance in a unique study that finally allows cops, teachers, and counselors to voice their own views of their work. Steven Maynard-Moody is Director of the Policy Research Institute and Professor of Public Administration at the University of Kansas. Michael Musheno is Professor of Justice and Policy Studies at Lycoming College and Professor Emeritus of Justice Studies, Arizona State University.
How the Supreme Court of Canada Shook the Foundations of Canadian Copyright Law
In the summer of 2012, the Supreme Court of Canada issued rulings on five copyright cases in a single day. The cases represent a seismic shift in Canadian copyright law, with the Court providing an unequivocal affirmation that copyright exceptions such as fair dealing should be treated as users’ rights, while emphasizing the need for a technology neutral approach to copyright law. This volume represents the first comprehensive scholarly analysis of the five Court decisions. Edited by Professor Michael Geist, the Canada Research Chair in Internet and E-commerce Law at the University of Ottawa, the volume includes contributions from experts from across Canada. This indispensable volume identifies the key aspects of the Court's decisions and considers the implications for the future of copyright law in Canada.
Law and Government under Capitalism
Refinery explosions. Accounting scandals. Bank meltdowns. All of these catastrophes—and many more—might rightfully be blamed on corporations. In response, advocates have suggested reforms ranging from increased government regulation to corporate codes of conduct to stop corporate abuses. Joshua Barkan writes that these reactions, which view law as a limit on corporations, misunderstand the role of law in fostering corporate power.
In Corporate Sovereignty, Barkan argues that corporate power should be rethought as a mode of political sovereignty. Rather than treating the economic power of corporations as a threat to the political sovereignty of states, Barkan shows that the two are ontologically linked. Situating analysis of U.S., British, and international corporate law alongside careful readings in political and social theory, he demonstrates that the Anglo-American corporation and modern political sovereignty are founded in and bound together through a principle of legally sanctioned immunity from law. The problems that corporate-led globalization present for governments result not from regulatory failures as much as from corporate immunity that is being exported across the globe.
For Barkan, there is a paradox in that corporations, which are legal creations, are given such power that they undermine the sovereignty of states. He notes that while the relationship between states and corporations may appear adversarial, it is in fact a kind of doubling in which state sovereignty and corporate power are both conjoined and in conflict. Our refusal to grapple with the peculiar nature of this doubling means that some of our best efforts to control corporations unwittingly reinvest the sovereign powers they oppose.
Inside the International Criminal Tribunal for Rwanda