View the Table of Contents.
Read the Preface.

"[A] comprehensive and brilliant book from both a historical and analytical perspective. Drawing from the lessons of history, Alexander Tsesis shows persuasively the relevance of the Thirteenth Amendment to a wide range of the social and economic issues currently facing America, and he offers highly creative arguments that support the use of congressional power under the Thirteenth Amendment as a potent and effective means of meeting and resolving these issues."
--G. Sidney Buchanan, Baker & Botts Chaired Professor of Law, University of Houston Law Center

"Tsesis vigorously presents a set of arguments that are rarely found in the conventional legal literature. . . . an interesting and challenging book."
--Sanford Levinson, University of Texas Law School

"For those looking for arguments to revitalize and expand the use of the Thirteenth Amendment, this is an interesting piece of advoacacy."
--"Journal of American History"

.,."audacious and original. He (Tsesis) offers a blueprint as to how desperately needed reforms...can come about."
--Richard Delgado in "Michigan Law Review"

"Alexander Tsesis's invigorating reevaluation of the Thirteenth Amendment agrees with many Lincoln Republicans that it embraced the Declaration of Independence."
--Harold Hyman, Rice University

"This book deserves applause because it illuminates in a new and stimulating way methods for repairing the harm done by racist rhetoric, hate crimes, and the newest forms of slavery."
--"The American Historical Review"

.,."a challenging and nicely written book that will teach well."
--"Choice"

"In this interesting study, Alexander Tsesis argues for an expansive view of the Thirteenth Amendment, presenting it as an effort to permanently abolish all the incidents and badges of slavery in America, including both governmentally and privately sponsered forms of oppression against former slaves and others."
--"The Law and Politics Review"

In this narrative history and contextual analysis of the Thirteenth Amendment, slavery and freedom take center stage. Alexander Tsesis demonstrates how entrenched slavery was in pre-Civil War America, how central it was to the political events that resulted in the Civil War, and how it was the driving force that led to the adoption of an amendment that ultimately provided a substantive assurance of freedom for all American citizens.

The story of how Supreme Court justices have interpreted the Thirteenth Amendment, first through racist lenses after Reconstruction and later influenced by the modern civil rights movement, provides insight into the tremendous impact the Thirteenth Amendment has had on the Constitution and American culture. Importantly, Tsesis also explains why the Thirteenth Amendment is essential to contemporary America, offering fresh analysis on the role the Amendment has played regarding civil rights legislation and personal liberty case decisions, and an original explanation of the substantive guarantees of freedom for today's society that the Reconstruction Congress envisioned over a century ago.

This book offers various perspectives, with an international legal focus, on an important and underexplored topic, which has recently gained momentum: the issue of foreign fighters. It provides an overview of challenges, pays considerable attention to the status of foreign fighters, and addresses numerous approaches, both at the supranational and national level, on how to tackle this problem. Outstanding experts in the field - lawyers, historians and political scientists - contributed to the present volume, providing the reader with a multitude of views concerning this multifaceted phenomenon. Particular attention is paid to its implications in light of the armed conflicts currently taking place in Syria and Iraq. Andrea de Guttry is a Full Professor of International Law at the Scuola Superiore Sant'Anna, Pisa, Italy. Francesca Capone is a Research Fellow in Public International Law at the Scuola Superiore Sant'Anna. Christophe Paulussen is a Senior Researcher at the T.M.C. Asser Instituut in The Hague, the Netherlands, and a Research Fellow at the International Centre for Counter-Terrorism - The Hague.

"Whether you agree or disagree with preventive detention as a tactic in the war against terrorism, you will find this book compelling and informative. If preventive detention is to be employed it must surely be done within the law and subject to open accountability. The criteria must be clear and the procedures must assure fairness. This book sets out a balanced and moderate proposal that is worthy of serious consideration." - Prof. Alan M. Dershowitz, Harvard University and author of Preemption: A Knife That Cuts Both Ways "Stephanie Blum has written a thoughtful, well documented, and responsible analysis of the legal and policy issues bearing on the sensitive subject of preventive detention of terrorist suspects. The book will not command universal assent, but is an excellent contribution to the public debate over an issue of transcendent importance to national security and civil liberties." - Judge Richard Posner, United States Court of Appeals for the Seventh Circuit "Terrific We need a system that can better help us mitigate threats, and a strong and reasoned legal basis to deal with terror suspects. Stephanie Blum gives us a great start." - Colonel (Retired) Britt Mallow, former Commander, DoD Criminal Investigation Task Force

The Supreme Court's intervention in the 2000 election will shape American law and democracy long after George W. Bush has left the White House. This vitally important book brings together a broad range of preeminent legal scholars who address the larger questions raised by the Supreme Court's actions. Did the Court's decision violate the rule of law? Did it inaugurate an era of super-politicized jurisprudence? How should Bush v. Gore change the terms of debate over the next round of Supreme Court appointments?

The contributors -- Bruce Ackerman, Jack Balkin, Guido Calabresi, Steven Calabresi, Owen Fiss, Charles Fried, Robert Post, Margaret Jane Radin, Jeffrey Rosen, Jed Rubenreid, Cass Sunstein, Laurence Tribe, and Mark Tushnet -- represent a broad political spectrum. Their reactions to the case are varied and surprising, filled with sparkling argument and spirited debate. This is a must-read book for thoughtful Americans everywhere.

Judicial control of public power ensures a guarantee of the rule of law. This book addresses the scope and limits of judicial control at the national level, i.e. the control of public authorities, and at the supranational level, i.e. the control of States. It explores the risk of judicial review leading to judicial activism that can threaten the principle of the separation of powers or the legitimate exercise of state powers. It analyzes how national and supranational legal systems have embodied certain mechanisms, such as the principles of reasonableness, proportionality, deference and margin of appreciation, as well as the horizontal effects of human rights that help to determine how far a judge can go. Taking a theoretical and comparative view, the book first examines the conceptual bases of the various control systems and then studies the models, structural elements, and functions of the control instruments in selected countries and regions. It uses country and regional reports as the basis for the comparison of the convergences and divergences of the implementation of control in certain countries of Europe, Latin America, and Africa. The book's theoretical reflections and comparative investigations provide answers to important questions, such as whether or not there are nascent universal principles concerning the control of public power, how strong the impact of particular legal traditions is, and to what extent international law concepts have had harmonizing and strengthening effects on internal public-power control.

Examining the United States Supreme Court's actual use of legislative history in statutory interpretation, distills the theoretical issues presented by the Court's practices, then analyzes those issues in light of the arguments of several leading theorists. Often, after determining that the statutory text is ambiguous or produces absurd results, the Court looks to legislative history for guidance, saying nothing more than, "The legislative history indicates that Congress intended ..." in order to justify its use of legislative history. This simple statement opens a theoretical thicket of issues about whether a corporate body like a legislature is capable of holding intentions, whether such intentions are actually discoverable, what relation legislative history has to legislative intentions, and what deference must be afforded to either legislative history or legislative intentions. This text separates the utility and usability of legislative history from theories based on legislative intention. Rather than basing an argument for using legislative history on legislative intention, the book argues that legislative history conveys a certain degree of expertise and/or provides certain contextual information about the subject matter of the statute. Legislative history may also be authoritative as a matter of judicial precedent; that is, legislative history may be authoritative because judges have said so in published opinions. In reaching this conclusion, this book follows Joseph Raz and argues that the only legislative intentions that may be identified and deemed legally authoritative as a matter of general theory are minimal intentions relating to the enactment of a particular text as a legally authoritative statute within a particular legal system. This approach - justifying the Court's discretionary use of legislative history without reference to legislative intention - accounts for and undermines most of the major objections to using legislative history, such as objections based on the theoretical problems surrounding legislative intentions, objections based on the perceived unconstitutionality of relying on legislative history, and objections based on its frequent illegality.

Classicists and lawyers alike will find this a fascinating study that shows how certain principles of Athenian maritime law are still imbedded in the modern international law of maritime commerce. Cohen has made a unique and substantial contribution to our understanding of the Athens of Plato, Aristotle and Demosthenes. Athens was the dominant maritime power in the West from the eighth to fourth centuries BCE. Athenian preeminence insured that its maritime law was accepted throughout the Mediterranean world. Indeed, its influence outlasted Athens and is the only area of classical Greek law that wasn't replaced entirely by Roman models. Codified during the Roman period in the Rhodian Sea laws, it went on to influence the subsequent development of European commercial and maritime law. Using both ancient and secondary sources, Cohen explores the development of Athenian maritime law, the jurisdiction and procedure of the courts and the Athenian principles that have endured to the present day. He successfully treats the much-discussed problem of why they were termed "monthly" and describes how "supranationality" was a feature of all Hellenic maritime law. He goes on to show how their jurisdiction was limited ratione rerum, not ratione personarum, because a legally defined "commercial class" did not exist in Athens at this time. Edward E. Cohen, an attorney with a Ph.D. in Classics, is both distinguished historian of Classical Greece, Professor of Ancient History (adjunct) at the University of Pennsylvania and the Chief Executive Officer of Atlas America, a producer and processor of natural gas. His other books include Athenian Economy and Society: A Banking Perspective (1992) and The Athenian Nation (2000). "Cohen's competence in the history of law, his own experience as a practicising lawyer with a Ph.D. in Classics, and his belief that in the principles of Greek maritime commerce reside "the germinal cells of the complex modern international law of maritime commerce" (p. 5), ought to have won for this book a much wider audience than it is likely to have. (...) As the most detailed treatment of Athenian maritime law Cohen's valuable book must be given a place beside the important contributions of his predecessors, Paoli, Calhoun, and Gernet.": Ronald S. Stroud, American Journal of Legal History 19 (1975) 71. " A] learned and precise examination of certain terms and procedures associated in the fourth century B.C. with lawsuits that arose out of Athenian maritime commerce. (...) Argumentation throughout is responsible. Cohen knows the sources and has read critically in a wide range of secondary material. The book is a valuable addition to our understanding of a comparatively little known area of Athenian law.": Alan L. Boegehold, The Classical World 69, No. 3 (Nov., 1975) 214.

Writing of the France of the 1930s, the late Simone Weil declared, The state has morally killed everything smaller than itself. Liebmann asserts that a comparable development has recently taken place in the United States, fostering civic apathy and an inability to address serious social problems, and that, not for the first time, abuse of judicial review has caused the Constitution to be used as a tool of class interests. After a general survey of these consequences, Liebmann discusses the original constitutional debates and understanding. He then assesses First Amendment doctrine, through a discussion of the views of Harry Kalven, the most influential modern commentator on free speech issues, and then discusses the appropriate relationship of constitutional restraints to governmental fostering of public policy, on zoning, education, law enforcement, urban renewal, day care, traffic regulation, and care of the elderly, and illustrates the hopeful developments that are possible if judicial restraint is restored. A significant analysis for all scholars and researchers in the areas of constitutional law and current American public policy and politics.

Attitudes Aren't Free: Thinking Deeply about Diversity in the US Armed Forces emerged from a vision to collect essays from the brightest voices of experts across the range of contentious social issues to catalyze productive discussions between military members of all ranks and services. Forty-nine experts contributed to the following 29 chapters writing on the primary themes of religious expression, homosexuality, gender, race, and ethics. Chapters appearing in this volume passed the scrutiny of a double-blind peer-review by one or more referees from the board of reviewers. The chapters are largely written in a colloquial, intellectual op-ed fashion and capture a "snapshot" of the current discussions regarding a particular topic of interest to uniformed personnel, policy makers, and senior leaders. Each section seeks to frame the spectrum of perspectives captured within the current debates and lines of argument. Authors were specifically asked not to address all sides of the issue, but rather to produce a well-reasoned argument explaining why they believe their well-known position on an issue is in the best interests of the military members and make specific recommendations about how best to address the policy issues from their perspective. The volume is arranged in four primary sections by theme: Religious Expression, Homosexuality, Race and Gender, and Social Policy Perspectives. Within each section, readers will find multiple chapters-each embracing a different perspective surrounding the section's theme. Thus, because of the unbalanced nature of many of the individual chapters, it is critically important that readers focus on the entire spectrum of perspectives presented within a section to ensure they have the context necessary to frame any single perspective. Diversity of opinion has been the hallmark of the United States since its dramatic birth in 1776 and has continued unfettered through today where we now have developed the most innovative and effective military the world has ever known. Thus, it is imperative that we continue to reflect upon the diversity of ideas about how best to formulate the "right" social policy to ensure our service members can most effectively execute their missions.

This pioneering study explores the problems of politics and law that lie behind the growing phenomenon of NIMBY (Not In My Back Yard), a stance taken by residential property owners attempting to keep various types of facilities out of their neighborhoods. Denis J. Brion argues that the pejorative connotation that NIMBY carries is both unfortunate and unwarranted and seeks to expose the underlying problems for which NIMBY is a symptom. In particular, Brion examines the impact of siting decisions on those who will be the neighbors of a potential project and the political gridlock that so often results when they become aware of the nature of this impact. The discussion is illuminated by a review of the journalistic accounts of particular episodes chosen to demonstrate the pervasiveness and complexity of the NIMBY phenomenon.

Divided into three sections, the study begins by analyzing how a system of public decisionmaking, founded on the ideal of participatory democracy and built on the structure of representative government, is peculiarly subject to capture by small groups intent on pursuing their own narrow agendas. The result, Brion shows, is often allocational choices which yield benefits to few and harm to many. In Part II, he demonstrates the failure of the public remedial process to provide traditional common-law remedies to those harmed by Locally Unwanted Land Uses (LULUs). Brion then looks at the consequences of this remedial failure from both traditional and non-traditional points of view in order to provide a basis for devising an approach to the problems that underly the NIMBY syndrome. The concluding section proposes a solution that involves both expanding the focus of political and constitutional debate to include the notion of communality and narrowing the traditional conception of right to property. As a unique full-length treatment of the subject, this study makes a significant contribution to the ongoing debate over the NIMBY phenomenon and its consequences.

Nowhere today is constitutional law more avidly debated and studied than in the 12 post-Soviet republics known as the Commonwealth of Independent States (CIS). Drawing on past experience as well as on European, American and Asian models, the constitutions of these countries have a great deal to tell the legal scholar about how the independent states of the post-Cold-War world understand the transition to a market economy. This text contains English translations which accurately present the current (1999) constitutional laws of all 12 CIS countries. The author and translator - himself active as an adviser on constitutional reform in several of these states - has taken care to establish the most authentic sources through an investigation of the existing documents and through personal interviews. From a great mass of confusing and often contradictory material in a dozen languages, he has assembled a coherent collection of documents that allows us to see the lineaments of constitutional law at a crucial stage of development in this fast-changing region of great economic significance.

The EU is faced with the perpetual challenge of guaranteeing effective enforcement of its law and policies. This book brings together leading EU scholars in law, politics and regulation, to explore the wealth of new legal and regulatory strategies, practices, and actors that are emerging to complement the classic avenues of central and decentralised enforcement. The contributors evaluate the traditional 'dual vigilance' framework of enforcement before examining network(ed) enforcement from theoretical, empirical and legal perspectives. They assess innovations in key EU policy fields such as the environment, consumer protection, competition, freedom, security and justice, and economic governance. This multi-disciplinary book will be of use to students and academics in law, political science, regulation and public policy. It will also interest policy makers in EU institutions, national administrations and courts engaged in the implementation and enforcement of EU law and policy. Contributors: E. Baker, P. Cortes, S. Drake, M. Eliantonio, M. Hobolth, M. Lottini, D.S. Martinsen, R. Murphy, C. Petrucci, J. Polak, M. Smith, J. Van der Heijden, E. Versluis

This book includes original and ground breaking research into parliamentary law making and legislative responses to counter-terrorism in Australia. This book introduces new, holistic and evidenced-based methods of evaluating how parliaments deliberate on complex policy issues, and how they weigh up competing rights and interests. Although this book is focused on the Australian experience, it has relevance across all parliamentary democracies grappling with the challenges posed by ensuring robust rights protection whilst responding to the threat of terrorism. This book will be of relevance and interest to law makers, government administrators and public servants, law enforcement and intelligence agencies, political and legal scholars, law students and members of the legal profession. This book is designed to provide a unique, evidence-based perspective on Australia's parliamentary model of rights protection and on the experience of counter-terrorism law making in Australia since 2011. By focusing on the role and impact of the federal parliamentary committee system, this book offers a fresh perspective on the contemporary legal and political debate on the best legal mechanism for rights protection in Australia. By using counter-terrorism laws as a detailed case study, this book also contributes in a timely, authoritative way to the debate on balancing individual liberties with national security. Using a contemporary case study of Australia's counter-terrorism, this book employs a unique, three tiered methodology to explore the impact of the system of parliamentary committees system on federal laws. The findings in this book give rise to practical recommendations for reform and provide a fresh new perspectives on Australia's parliamentary model of rights protection. This book has broad implications for rights scholars and rights advocates contemplating new models of rights protection in Australia. This book offers important practical insights to other jurisdictions grappling with the challenges posed by ensuring robust rights protection whilst responding to the threat of terrorism.

Human Rights Law creates controversy, contention and counter-point like few other legal areas. Human Rights and Civil Liberties is a clear and comprehensive guide to this rapidly developing subject, and covers the enforcement of human rights and civil liberties generally, before examining the protection of specific areas of civil liberties in domestic law including (among others): the right to life, freedom of expression; the right to demonstrate; privacy; and freedom from torture. The book places the study of the subject within the context of the passing and implementation of the Human Rights Act 1998 and the principles and case law of the European Convention on Human Rights, providing you with an unrivalled framework to deepen your understanding of the area

Since the publication of the second edition of Law and Economics in 1988, there have been major developments in economics, jurisprudence, and in the field of law and economics. These changes are reflected in the updated and improved Third Edition. About 30% of the material in the new edition is different. The reader will find that the book incorporates recent scholarly contributions and court rulings on, for example, the Takings Clause of the constitution, the high-tech communication revolution in determining what constitutes a legal contract, no-fault insurance and its economic effects, and empirical cost-benefit analysis of environmental laws. Moreover, attention is paid to recent developments in anti-monopoly law as applied to high-tech information and communication firms. Students in management, policy, law, economics, and business programs, as well as law professionals, find the new edition of Law and Economics has kept up with the changing economic and legal climate.
Key Features
* Features new examinations of the takings clause of the Constitution, contract law, and tort law
* Includes new cost-benefit analyses in chapters on criminal law and environmental law
* Offers new insights into anti-monopoly laws, especially policies concerning high-tech industries

Often cited authority on the foundations of law. Originally published: Cincinnati: Robert Clarke & Co., 1874. xiii, 401 pp. Originally written in Latin in 1523, this work contains two dialogues between a doctor of divinity and a student of English law. It popularized canonist learning on the nature and object of law, the religious and moral standards of law, the foundations of the common law and issues regarding the jurisdiction of Parliament. A very important work in the development of equity, Doctor and Student appeared in numerous editions. An authority well into the eighteenth century, it influenced several legal writers, including Blackstone.
." . . surely the most remarkable book relating to English law published in the Tudor period, and quite unlike any book to have come from the pen of an English lawyer before." --Dictionary of National Biography XVII:616.
CHRISTOPHER SAINT GERMAIN c.1460-1540] was a legal writer and controversialist who wrote on a variety of topics. His noteworthy works include A Treatise Concernynge the Dilusion Betwene the Spiritualtie and Temporaltie (1532) and Salem and Bizance (1533). Also a notable bibliophile, his library exceeded that of any other lawyer of his time.

This book analyzes emergency legislations formed in response to terrorism. In recognition that different countries, with different legal traditions, have different solutions, it adopts a comparative point of view. The countries profiled include America, France, Israel, Poland, Germany and United Kingdom. The goal is not to offer judgment on one response or the other. Rather, the contributors offer a comprehensive and thoughtful examination of the entire concept. In the process, they draw attention to the inadaptability of traditional legal and philosophical categories in a new and changing political world. The contributors first criticize the idea of these legislations. They then go on to develop different models to respond to these crises. They build a general analytical framework by answering such questions as: What is an emergency legislation? What kinds of emergencies justify laws of this nature? Why is contemporary terrorism such a specific emergency justifying new laws? Using legal and philosophical reflections, this study looks at how we are changing society. Coverage also provides historical experiences of emergency legislations to further illustrate this point. In the end, readers will gain insight into the long-term consequences of these legislations and how they modify the very work of the rule of law.

This treatise was the first comprehensive study of the United States Constitution, and one of the most important. Originally published: Philadelphia: Philip H. Nicklin, 1829. viii, 349 pp. Though concise, Rawle provides a systematic analysis of the Constitution's articles, as well as its historical background and philosophy. It is also a historically significant work because it suggests that states have a right to secede from the Union. A popular textbook used in schools with large numbers of southern pupils, such as the U.S. Military Academy, it and is generally considered to have influenced the leaders and supporters of the Confederacy).
"Though admittedly a valuable and able study, Rawle's View of the Constitution stirred up controversy. Rawle himself was a Federalist, but his studies in government had led him to the judgment that the Union was not irrevocable. His final chapter on "The Union" includes a detailed statement that the right of secession was necessary to the fundamental right of a people to choose their own form of government. (. . .) In several ways, Rawle may be considered as providing the transitional step between the North and the South. His View was published midway between the inauguration of the Federal Government and the outbreak of the War Between the States." --Elizabeth Kelley Bauer, Commentaries on the Constitution, 1790-1860 63).
WILLIAM RAWLE 1759-1836] was a pillar of Pennsylvania's legal establishment and a highly regarded attorney and educator. In 1791 President George Washington appointed him the U.S. district attorney for Pennsylvania. In 1830 Rawle helped revise the civil code of Pennsylvania.

This book deals with the development of constitutional law in China and Visegrad states by employing a comparative perspective. It is the first time that the researcher compared the constitutional development in the China and the Visegrad states. It offers a few glimpses of development of constitution in the (former) socialist states to readers who are interested in the constitutional law or China-V4 relations. With the increased cooperation between China and V4 countries, this book gives the undergraduates in the university to think about the BRI and 17+1 network from a Chinese perspective. Last, compared to the previous works which mainly focus on North America and/or Western Europe, this book provides a new angle on comparative constitutional law.