The Bush Administration has notoriously argued that detainees at Guantanamo do not enjoy constitutional rights because they are held outside American borders.
Drawing on groundbreaking and overwhelmingly extensive research into local court records, The Common Law in Colonial America proposes a "e;new beginning"e; in the study of colonial legal history, as it charts the course of the common law in Early America, to reveal how the models of law that emerged differed drastically from that of the English common law.
Creon's Ghost examines the enduring problem of the relationship between man's law and a "e;higher"e; law from the perspective of core humanities texts and through discussion of hotly debated contemporary legal conundrums.
Based on a rich array of sources that capture the voices of both political leaders and ordinary Americans, Uncle Sam Wants You offers a vivid and provocative new interpretation of American political history, revealing how the tensions of mass mobilization during World War I led to a significant increase in power for the federal government.
Here is a vividly written and compact overview of the brilliant, flawed, and quarrelsome group of lawyers, politicians, merchants, military men, and clergy known as the "e;Founding Fathers"e;--who got as close to the ideal of the Platonic "e;philosopher-kings"e; as American or world history has ever seen.
How did the United States, a nation known for protecting the "e;right to remain silent"e; become notorious for condoning and using controversial tactics like water boarding and extraordinary rendition to extract information?
The extraordinary recent increase in rates of cohabitation and non-marital birth presents a major challenge to traditional family law principles, and the legal rules governing cohabitation are thus among the most hotly contested areas of family law and policy today.
During a 1931 trial of four Nazi stormtroopers, known as the Eden Dance Palace trial, Hans Litten grilled Hitler in a brilliant and merciless three-hour cross-examination, forcing him into multiple contradictions and evasions and finally reducing him to helpless and humiliating rage (the transcription of Hitler's full testimony is included.
Broken Landscape is a sweeping chronicle of Indian tribal sovereignty under the United States Constitution and the way that legislators have interpreted and misinterpreted tribal sovereignty since the nation's founding.
The Ninth Amendment has had a remarkably robust history, playing a role in almost every significant constitutional debate in American history, including the controversy over the Alien and Sedition Acts, the struggle over slavery, and the constitutionality of the New Deal.
Throughout history, the American legal profession has tried to hold tight to its identity by retreating into its traditional values and structure during times of self-perceived crisis.
Habeas Corpus in Wartime unearths and presents a comprehensive account of the legal and political history of habeas corpus in wartime in the Anglo-American legal tradition.
Judges, courts, and scholars in the United States agree that the Constitution is the supreme law of the land, but there is much disagreement about its meaning.
The Virginia State Constitution examines constitutional amendments, court decisions, attorney general opinions, and legislative deliberations bearing on the development and interpretation of the Virginia Constitution.
The Virginia State Constitution examines constitutional amendments, court decisions, attorney general opinions, and legislative deliberations bearing on the development and interpretation of the Virginia Constitution.
Throughout history, the American legal profession has tried to hold tight to its identity by retreating into its traditional values and structure during times of self-perceived crisis.
According to the Oral History Association, the term oral history refers to "e;a method of recording and preserving oral testimony"e; which results in a verbal document that is "e;made available in different forms to other users, researchers, and the public.
According to the Oral History Association, the term oral history refers to "e;a method of recording and preserving oral testimony"e; which results in a verbal document that is "e;made available in different forms to other users, researchers, and the public.
A New Introduction to American Constitutionalism is the first text to study the entirety of American constitutionalism, not just the traces that appear in Supreme Court decisions.
Among the most prominent scholars of language and law is Peter Tiersma, a law professor at Loyola Law School with a doctorate in linguistics (co-editor of The Oxford Handbook of Language and Law).
American Guy examines American norms of masculinity and their role in the law, bringing a range of methodological and disciplinary perspectives to the intersection of American gender, legal, and literary issues.