The Structure of Liberty

Author: Randy E. Barnett
Publisher: Oxford University Press
ISBN: 9780198700920
Release Date: 2014
Genre: Business & Economics

This provocative book outlines a powerful and original theory of liberty structured by the liberal conception of justice and the rule of law. Drawing on insights from philosophy, political theory, economics, and law, he shows how this new conception of liberty can confront, and solve, the central societal problems of knowledge, interest, and power.

Restoring the Lost Constitution

Author: Randy E. Barnett
Publisher: Princeton University Press
ISBN: 9781400848133
Release Date: 2013-11-24
Genre: Law

The U.S. Constitution found in school textbooks and under glass in Washington is not the one enforced today by the Supreme Court. In Restoring the Lost Constitution, Randy Barnett argues that since the nation's founding, but especially since the 1930s, the courts have been cutting holes in the original Constitution and its amendments to eliminate the parts that protect liberty from the power of government. From the Commerce Clause, to the Necessary and Proper Clause, to the Ninth and Tenth Amendments, to the Privileges or Immunities Clause of the Fourteenth Amendment, the Supreme Court has rendered each of these provisions toothless. In the process, the written Constitution has been lost. Barnett establishes the original meaning of these lost clauses and offers a practical way to restore them to their central role in constraining government: adopting a "presumption of liberty" to give the benefit of the doubt to citizens when laws restrict their rightful exercises of liberty. He also provides a new, realistic and philosophically rigorous theory of constitutional legitimacy that justifies both interpreting the Constitution according to its original meaning and, where that meaning is vague or open-ended, construing it so as to better protect the rights retained by the people. As clearly argued as it is insightful and provocative, Restoring the Lost Constitution forcefully disputes the conventional wisdom, posing a powerful challenge to which others must now respond. This updated edition features an afterword with further reflections on individual popular sovereignty, originalist interpretation, judicial engagement, and the gravitational force that original meaning has exerted on the Supreme Court in several recent cases.

The Rule of Law in America

Author: Ronald A. Cass
Publisher: JHU Press
ISBN: 0801874416
Release Date: 2003
Genre: Law

What is the rule of law? Why does it matter? How well does America conform to the rule of law? And why do Americans, who profess such respect for the law, complain so often about our legal system? Drawing upon extensive experience in law, government service, teaching, and research, Boston University law school dean Ronald Cass offers a welcome contribution to the ongoing public discussion on law and society. After opening his discussion with chapters on the rule of law in American society, Cass turns to the hard case of its application to the president of the United States. Through this prism Cass examines the behavior of judges who may not always act according to a "perfect model." They may not always be perfectly constrained by law or achieve perfect justice through law. That, however, is the wrong thing to ask. Instead, says Cass, "looking at the ordinary case -- and asking not whether the decision advances particular aspirations for society, but whether it conforms to basic aspects of legal authority -- produces a more law-governed view of America judging." In fact, this book provides a much-needed corrective to criticism of the American legal system raised all too frequently by members of the academy and by politicians. Rather than concentrating on relatively minor inconsistencies in the law and slight departures from the ideal of perfectly constrained decision making, Cass argues that the energies of his fellow scholars could be better spent on more serious defects in the legal system. With a special section on the 2000 presidential election, including the Florida recount and Supreme Court decision, The Rule of Law in America offers a timely look at a subject of interest to legal scholars and general readers alike..

Constitutional Law

Author: Randy E. Barnett
Publisher: Wolters Kluwer Law & Business
ISBN: 9781454895824
Release Date: 2017-08-25
Genre: Law

Constitutional Law: Cases in Context 2017 Supplement

Philosophical Foundations of Contract Law

Author: Gregory Klass
Publisher: OUP Oxford
ISBN: 9780191022081
Release Date: 2014-12-18
Genre: Law

In recent years there has been a revival of interest in the philosophical study of contract law. In 1981 Charles Fried claimed that contract law is based on the philosophy of promise and this has generated what is today known as 'the contract and promise debate'. Cutting to the heart of contemporary discussions, this volume brings together leading philosophers, legal theorists, and contract lawyers to debate the philosophical foundations of this area of law. Divided into two parts, the first explores general themes in the contract theory literature, including the philosophy of promising, the nature of contractual obligation, economic accounts of contract law, and the relationship between contract law and moral values such as personal autonomy and distributive justice. The second part uses these philosophical ideas to make progress in doctrinal debates, relating for example to contract interpretation, unfair terms, good faith, vitiating factors, and remedies. Together, the essays provide a picture of the current state of research in this revitalized area of law, and pave the way for future study and debate.

New Issues and Paradigms in Research on Social Dilemmas

Author: Anders Biel
Publisher: Springer Science & Business Media
ISBN: 0387725962
Release Date: 2007-11-30
Genre: Social Science

Readers need look no further if they seeking an edited volume compiled to present the latest developments in the field of social dilemma research. Social dilemmas are situations when there is a conflict between self-interest and collective interest. This work examines under what circumstances people make decisions that are in line with the collective interest as well as investigating what can increase the likelihood of cooperation. Three man sections mirror the different levels of analysis: individual, group, and societal.

Cato Supreme Court Review 2002 2003

Author: James L. Swanson
Publisher: Cato Institute
ISBN: 193086552X
Release Date: 2003
Genre: Law

This book analyzes the most important and far-reaching cases of the 2002-2003 year from a classial Madisonian perspective. This edition will review, among other cases, affirmative action, sexual privacy, intellectual property, cross burning, commercial speech, and federalism.

The Oxford Introductions to U S Law

Author: Randy E. Barnett
Publisher: Oxford University Press
ISBN: 9780199996391
Release Date: 2010-04-21
Genre: Law

Written by a leading expert in the field, The Oxford Introductions to U.S. Law: Contracts provides students with ready access to the basic doctrines of contract law, the story behind their evolution, and the rationales for their continued existence. An engaging book that allows students to grasp the "big picture" of contract law, it is organized around the principle that lies at the heart of contracts: consent. Beginning with the premise of "consent," the book provides a cohesive framework in which to understand the various aspects of contract law.

The Problem of Political Authority

Author: Michael Huemer
Publisher: Springer
ISBN: 9781137281661
Release Date: 2012-10-29
Genre: Philosophy

The state is often ascribed a special sort of authority, one that obliges citizens to obey its commands and entitles the state to enforce those commands through threats of violence. This book argues that this notion is a moral illusion: no one has ever possessed that sort of authority.

Contracts

Author: Randy E. Barnett
Publisher: Wolters Kluwer Law & Business
ISBN: 9781454885641
Release Date: 2016-12-31
Genre: Law

Contracts: Cases and Doctrine, Sixth Edition, features a mix of lightly-edited classic and contemporary cases that stresses current contract doctrine along with the essential lawyering skill of case analysis—how to sift through the facts of the case to discern the prevailing rules and theory. Randy Barnett and Nate Oman’s innovative text introduces each case and provides the historical background of the iconic cases that make the study of contract law engaging. Study Guide questions help students identify salient issues as they read each case. Judicial biographies of each judge provides additional context. Key Features of the New Edition: The 6th Edition has been edited to make it even more modular and therefore easier for professors to select which doctrines to cover. The introductory materials have been shortened to permit a speedier entry to whichever basic doctrine the professor chooses to begin with. A new section on public policy defenses has been added. Recent developments involving arbitration agreements in the wake of the Supreme Court’s AT&T Mobility case are also covered. In addition, roughly a dozen new cases have been substituted, chosen for their interesting facts or their proven pedagogical usefulness. As always, every effort is made to provide students with background materials on the litigation, such as new judicial biographies and excerpts from recently published scholarship dealing with the cases covered. New cases include: Jordan v. Knafel Arnold Porter v. Fuqua Industries Nguyen v. Barnes & Noble Inc. Also, in keeping with the book’s focus on the “classic” cases we have included some iconic cases missing from earlier editions, including: Masterson v. Sine Security Stove & Manfacturing Co. v. American Railway Express Lefkowitz v. Great Minneapolis Surplus Store Lawrence v. Fox Harris v. Watson

Cato Supreme Court Review 2008 2009

Author: Ilya Shapiro
Publisher: Cato Institute
ISBN: 9781935308164
Release Date: 2009-10-01
Genre: Law

Published every September in celebration of Constitution Day, the Cato Supreme Court Review brings together leading legal scholars to analyze the most important cases of the Court's most recent term. It is the first scholarly review to appear after the term's end and the only on to critique the court from a Madisonian perspective.

Leviathan

Author: Thomas Hobbes
Publisher:
ISBN: 9602350210
Release Date: 1989
Genre: Political science


On coming to law

Author: F. C. DeCoste
Publisher:
ISBN: STANFORD:36105063216464
Release Date: 2001
Genre: Law