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The book presents a unique and controversial rethinking of the intersection between modern American democratic theory and free expression. Most free speech scholars view freedom of expression as a vehicle for fostering democracy. However, most do so by relying upon communitarian, cooperative or collectivist democratic theories. This book reshapes free speech as an outgrowth of adversary democracy, arguing that individuals should have the opportunity to affect the outcomes of collective decision-making according to their own personal values and interests. Adversary democracy recognizes the inevitability of conflict within a democratic society, as well as the need for regulation of the conflict to prevent the onset of tyranny. In doing so, it embraces pluralism, diversity and individual growth and development

Many people today place great hope in law as a vehicle for the transformation of society and accept that law is autonomous, universal, and above all, secular. Yet recent scholarship has called into question the simplistic narrative of a separation between law and religion and blurred the boundaries between these two categories, enabling new accounts of their relation that do not necessarily either collapse them together or return law to a religious foundation. This book gives special attention to the secularism of law, exploring how law became secular, the phenomenology of the legal secular, and the challenges that lingering religious formations and other aspects of globalization pose for modern law's self-understanding. Bringing together scholars with a variety of perspectives and orientations, it provides a deeper understanding of the interconnections between law and religion and the unexpected histories and anthropologies of legal secularism in a globalizing modernity.

Public recognition of religion has been a part of American political life from the country's beginning, and that is not going to change. But in recent years, the effort by some to challenge the long held separation of church and state by imposing religion in the public sphere has caused more harm than good. Along the lines of other incredulous “neo-Enlightenment” books, this book makes a case that the gravest threat to real faith comes from those who would water down religion in order to win the dubious honor of forcing it into public buildings and classrooms. The freedom of religion enjoyed in the United States, both as a matter of law and practice, is extraordinary by any measure. However, when American courts allow the government to insert religious symbolism in public spaces, real religion is the loser. The author argues that people on both sides of this debate should resist this corruption of religion. The book provides a survey of the legal and political environment in which battles over the public display of the Ten Commandments, the teaching of intelligent design in our schools, and the celebration of religious holidays take place. The author firmly maintains that, “if American religion becomes a watered-down broth that is indistinguishable from consumerism and science, we will have no one to blame but ourselves”.

This book is a history of contract law in the United States around the turn of the twentieth century. It details shifts in our conception of contract by juxtaposing scholarly accounts of contract with case law, and shows how the cases exhibit conflicts for which scholarship offers just one of many possible answers. Breaking with conventional wisdom, the book argues that our current understanding of contract is not the outgrowth of gradual refinements of a centuries-old idea. Rather, contract as we now know it was shaped by a revolution in private law undertaken toward the end of the nineteenth century, when legal scholars established calculating promisors as the centerpiece of their notion of contract. The book maintains that the revolution in contract thinking is best understood in a frame of reference wider than the rules governing the formation and enforcement of contracts. That frame of reference is a cultural negotiation over the nature of the individual subject and the role of the individual in a society undergoing transformation. Areas of central concern include the enforceability of promises to make gifts; the relationship of contracts to speculation and gambling; and the problem of incomplete contracts.

This book is an attempt to take stock of and analyze the multifaceted role of the state and its impact on competition law and policy. The chapters address various aspects of the tensions and complexities involved in competition and the role of the state. Although the book offers different normative approaches, economic analysis remains a unifying theme to the book. How economic analysis may be used in competition law and policy creates potential problems with other parts of regulation.

This book addresses two related strands of literature - antitrust/competition law and economics and law and development. Whereas most competition law and economics has focused on developments in the United States and Europe, increasingly competition law, economics, and policy have taken a more important role in developing countries. This book focuses on the key variables involved in an increasingly global competition policy system.

Bush v. Gore brought to the public's attention the significance of election law and the United States Supreme Court's role in structuring the rules that govern how campaigns and elections function in America. This book examines one expanding domain within this larger legal context: freedom of speech in the political process, or electoral speech law. Specifically, the author examines the Court's evolving conceptions of free speech in the electoral process and then traces the consequences of various debates and determinations from the post-World War II era to the present. In his analysis of the broad range of cases from this period, supplemented by four recent case study investigations, he explores competing visions of electoral expression in the marketplace of ideas, various methods for analyzing speech dilemmas, the multiple influences that shape the justices' notions of both the potential for and privileged status of electoral communication, and the ultimate implications of these Court rulings for American democracy.

It is commonly claimed by Israeli authorities that Bedouins are trespassers who never acquired property or settlement rights in southern Israel/Palestine. This led to massive dispossession of Bedouins. This book sets to examine state claims by providing, for the first time, a thorough analysis of the legal geography of the Negev. It adopts critical scholarly perspectives, drawing on multidisciplinary sources from geography, law, history and the social sciences. The study defines the “Dead Negev Doctrine (DND)”—a set of legal arguments and practices founded on a manipulative use of Ottoman and British laws through which Israel constructed its own version of “'terra nullius”—the now repealed colonial doctrine denying indigenous land and political rights. The book systematically tests the doctrine, using systematic archival and geographic research, and focusing on key land cases, most notably the al-‘Uqbi claim in ‘Araqib. The analysis reveals that the DND is based on shaky, often distorted, historical and legal grounds, thereby wrongly denying land rights from the majority of the Negev Bedouins. The book then discusses the indigeneity of the Bedouins in the face of persistent state denial. It argues that international law and norms protecting indigenous peoples are highly applicable to the case of Negev Bedouins. The book then offers an overview of state and Bedouin proposals to resolve the dispute. It shows how alternative plans advanced by the Bedouins, based on the concepts of recognition and equality, provide the most promising path to resolve the protracted conflict.

Legal geography argues that nearly every aspect of law is located, takes place, is in motion, or has some spatial frame of reference. In other words, law is always “worlded” in some way. Likewise, every bit of social space, lived places, and landscapes is inscribed with legal significance. Such fragments of a socially segmented world—the where of law—are not simply inert sites; they are also inextricably implicated in how law happens. The Expanding Spaces of Law offers a collection of innovative chapters that extend the reach of legal geography by opening this academic project up to new perspectives, new problematics, new topics, and—crucially—new voices. The contributors include both recognized and emerging scholars whose home disciplines are law, geography, sociology, and anthropology, and whose primary commitment is to deepening interdisciplinary modes of social inquiry. The introduction presents a thorough overview of the project from its inception in the 1980s through its bridge-building phase in the 1990s, to the more pluralistic, transdisciplinary work of the twenty-first century, suggesting directions for future research. Substantive chapters cover sophisticated critiques of the concepts of time and temporality that inform conventional approaches to legal space; the utility of pragmatism, ethnomethodology, comparative law, and procedural law; spatio-legal studies of the military, street vending, rurality; and governing through emotions at work.

Over the last three decades, the field of antitrust law has grown increasingly prominent, and more than one hundred countries have enacted competition law statutes. As competition law expands to jurisdictions with very different economic, social, cultural, and institutional backgrounds, the debates over its usefulness have similarly evolved. This book, the first in a new series on global competition law, critically assesses the importance of competition law, its development and modern practice, and the global limits that have emerged. This volume will be a key resource to both scholars and practitioners interested in antitrust, competition law, economics, business strategy, and administrative sciences.

This substantially revised second edition delivers an introduction to the life and works of H. L. A. Hart, noted Professor of Jurisprudence at the University of Oxford from 1952 to 1968. Hart established a worldwide reputation through his powerful philosophical arguments and writings in favor of liberalizing criminal law and applying humane principles to punishment. This book demonstrates that he also made important contributions to analytical jurisprudence, notably by clarifying many terms and concepts used in legal discourse, including the concept of law itself. Taking into account developments since the first edition was published, it provides a constructively critical account of Hart's legal thought. The work includes Hart's ideas on legal reasoning, judicial discretion, the social sources of law, the theory of legal rules, the sovereignty of individual conscience, the notion of obligation, the concept of a right, and the relationship between morality and the law. The book actively engages with current scholarly interpretations, bringing this account of England's greatest legal philosopher of the twentieth century up-to-date.

Though many legal theorists are familiar with Jürgen Habermas's work addressing core legal concerns, they are not necessarily familiar with his earlier writings in philosophy and social theory. Because Habermas's later work on law invokes, without significant explanation, the whole battery of concepts developed in earlier phases of his career, even otherwise sympathetically inclined legal theorists face significant obstacles in evaluating his insights. A similar difficulty faces those outside the legal academy who are familiar with Habermas's earlier work. While they readily comprehend Habermas's basic social-theoretical concepts, without special legal training they have difficulty reliably assessing his recent engagement with contemporary legal thought. This new work bridges the gap between legal experts and those without special legal training, critically assessing the attempt of an unquestionably preeminent philosopher and social theorist to engage the world of law.

As identity theft and corporate data vulnerability continue to escalate, corporations must protect both the valuable consumer data they collect and their own intangible assets. Both Congress and the states have passed laws to improve practices, but the rate of data loss persists unabated and companies remain slow to invest in information security. Engaged in a bottom-up investigation, this book reveals the emergent nature of data leakage and vulnerability, as well as some of the areas where our current regulatory frameworks fall short. With insights from leading academics, information security professionals, and other area experts, this original work explores the business, legal, and social dynamics behind corporate information leakage and data breaches. The authors reveal common mistakes companies make, where breaches go unreported despite notification statutes, and surprising weaknesses in the federal laws that regulate financial data privacy, children's data collection, and health data privacy. This forward-looking book will be vital to meeting the increasing information security concerns that new data-intensive business models will have.

This book serves as an introduction to Hegel's ideas on the nature of law. It examines whether state-centric domestic and international laws are binding upon autonomous individuals. The author also explores why Hegel assumes that this arrangement is more civilized than living in a stateless culture. The book takes the reader through different structures of legal consciousness, from the private law of property, contract, and crimes to intentionality, the family, the role of the state, and international law. The author introduces Hegel's vocabulary, and contrasts Hegel's issues and arguments with contemporary legal philosophers. The book's interdisciplinary focus opens up Hegel's legal philosophy, providing a background to forms of legal consciousness for a wide audience. Addressing whether Hegel succeeds in his endeavor to explain why laws are binding, the author comments directly on contemporary constitutional and international law, and reveals how Hegel's ideas on law stand up in the world today.

This book reminds us that examining the right to privacy and the public/private distinction is an important way of mapping the forms and limits of power that can legitimately be exercised by collective bodies over individuals and by governments over their citizens. This book does not seek to provide a comprehensive overview of threats to privacy and rejoinders to them. Instead it considers several different conceptions of privacy and provides examples of legal inventiveness in confronting some contemporary challenges to the public/private distinction. It provides a context for that consideration by surveying the meanings of privacy in three domains—the first, involving intimacy and intimate relations; the second, implicating criminal procedure, in particular, the Fourth Amendment; and the third, addressing control of information in the digital age. The first two provide examples of what are taken to be classic breaches of the public/private distinction, namely instances when government intrudes in an area claimed to be private. The third has to do with voluntary circulation of information and the question of who gets to control what happens to and with that information.

This book is an exploration into ways to protect our freedoms in the new global international order. It forges a unique approach to the problem of democracy deficit in the international legal system as a whole—looking at how international law concretely affects actual governance. The book draws from the author's mastery of international trade, technology, and financial law, as well as from a wide array of other legal issues, from espionage law, to international criminal law, to human rights law. It defines the new and changing needs to assert our freedoms and the appropriate international scopes of our freedoms in the context of the three central issues that our global system must resolve: the balance between security and freedom, the balance between economic equity and opportunity, and the balance between community and religious freedom. The author explores the institutional ways in which those rights can be protected, using a globalized version of the traditional balance of powers division into the global executive, the global legislature, and the global judiciary.

This is the second edition of Cappelletti, Merryman, and Perillo, The Italian Legal System: An Introduction, published by SUP in 1965. The book provides not merely an overview of Italian law but also a definition of the field, together with an important contribution to the general literature on comparative law. It accomplishes this by describing an "Italian style" in doctrine, law, and interpretation—typical of the civil law but with several uniquely Italian elements—together with an extremely well-written introduction to Italian legal history, government, the legal profession, and civil procedure and evidence.

Societies have long sought security by identifying potentially dangerous individuals in their midst. America is surely no exception. This book traces the evolution of a modern technique that has come to enjoy nationwide popularity—criminal registration laws. Registration, which originated in the 1930s as a means of monitoring gangsters, went largely unused for decades before experiencing a dramatic resurgence in the 1990s. Since then it has been complemented by community notification laws, which, like the “Wanted” posters of the Frontier West, publicly disclose registrants' identifying information, involving entire communities in the criminal monitoring process. The book provides an in-depth history and analysis of criminal registration and community notification laws, examining the potent forces driving their rapid nationwide proliferation in the 1990s through today, as well as exploring how the laws have affected the nation's law, society, and governance. In doing so, it provides compelling insights into the manifold ways in which registration and notification reflect and influence life in modern America.

This book provides a history of the intellectual training and social placement of lawyers in Latin America. The book examines the Roman legal roots of the Latin American tradition and traces the development of legal education and practice in Latin America from the sixteenth century to the present. The main themes in the book are the relationship between lawyers and power, the place of lawyers in social stratification, the role of law and lawyers in building nations and maintaining elite power, the role of law schools, and the main intellectual trends in legal thought.

The study of catastrophe is a growth industry. Today, cosmologists scan the heavens for asteroids of the kind that smashed into earth some ninety million years ago, leading to the swift extinction of the dinosaurs. Climatologists create elaborate models of the chaotic weather and vast flooding that will result from the continued buildup of greenhouse gases in the planet's atmosphere. Terrorist experts and homeland security consultants struggle to prepare for a wide range of possible biological, chemical, and radiological attacks: aerated small pox virus spread by a crop duster, botulism dumped into an urban reservoir, a dirty bomb detonated in a city center. Yet, strangely, law's role in the definition, identification, prevention, and amelioration of catastrophe has been largely neglected. The relationship between law and other limiting conditions—such as states of emergency—has been the subject of rich and growing literature. By contrast, little has been written about law and catastrophe. In devoting a volume to the subject, the chapters sketch the contours of a relatively fresh terrain of inquiry. This book begins the work of developing a jurisprudence of catastrophe.