Democracies are in danger. Around the world, a rising wave of populist leaders threatens to erode the core structures of democratic self rule. In the United States, the election of Donald Trump marked a decisive turning point for many. What kind of president calls the news media the “enemy of the American people,” or sees a moral equivalence between violent neo-Nazi protesters in paramilitary formation and residents of a college town defending the racial and ethnic diversity of their homes? Yet, whatever our concerns about the current president, we can be assured that the Constitution offers safeguards to protect against lasting damage—or can we? How to Save a Constitutional Democracy mounts an urgent argument that we can no longer afford to be complacent. Drawing on a rich array of other countries’ experiences with democratic backsliding, Tom Ginsburg and Aziz Z. Huq show how constitutional rules can either hinder or hasten the decline of democratic institutions. The checks and balances of the federal government, a robust civil society and media, and individual rights—such as those enshrined in the First Amendment—do not necessarily succeed as bulwarks against democratic decline. Rather, Ginsburg and Huq contend, the sobering reality for the United States is that, to a much greater extent than is commonly realized, the Constitution’s design makes democratic erosion more, not less, likely. Its structural rigidity has had the unforeseen consequence of empowering the Supreme Court to fill in some details—often with doctrines that ultimately facilitate rather than inhibit the infringement of rights. Even the bright spots in the Constitution—the First Amendment, for example—may have perverse consequences in the hands of a deft communicator, who can degrade the public sphere by wielding hateful language that would be banned in many other democracies. But we—and the rest of the world—can do better. The authors conclude by laying out practical steps for how laws and constitutional design can play a more positive role in managing the risk of democratic decline.
Constitutional Law, Ninth Edition by Geoffrey R. Stone, Louis M. Seidman, Cass R. Sunstein, Mark V. Tushnet, Pamela S. Karlan, Aziz Z. Huq, and Leah M. Litman guides students through all facets of constitutional law, exploring traditional constitutional doctrine through the lens of varying critical and social perspectives informed by political theory, philosophy, sociology, ethics, history, and economics. Buy a new version of this textbook and receive access to the Connected eBook with Study Center on CasebookConnect, including: lifetime access to the online ebook with highlight, annotation, and search capabilities; practice questions from your favorite study aids; an outline tool and other helpful resources. Connected eBooks provide what you need most to be successful in your law school classes. Constitutional Law, Ninth Editiontakes a comprehensive approach to the way in which constitutional law arises. It offers instructors carefully edited cases and rich, interdisciplinary material for classroom discussion. Logically organized for a two-semester course, the first part of Constitutional Law tackles issues concerning separation of powers and federalism; the second part addresses all facets of individual rights and liberties. Constitutional Law, Ninth Edition, also provides thoughtfully selected content on the First Amendment, to give students a well-rounded understanding of religion and free speech issues. New to the Ninth Edition: Extensively revised treatment of the Religion Clauses. Revamped material on abortion rights given Dobbs v. Jackson Women’s Health Organization. More focused and tightened presentation of judicial review, federalism, and other areas. Professors and students will benefit from: The text’s attention to policy, including discussion of competing critical and social perspectives. An interdisciplinary approach that draws on political theory, philosophy, sociology, ethics, history, and economics. Thoughtful editing, including both lightly and more tightly edited cases, that balances close textual analysis with comprehensive converge of important opinions and pivotal cases. Streamlined treatment of First Amendment law, so that it efficiently provides the necessary fundamentals in free speech and religious liberties jurisprudence. A comprehensive coverage that is ideal for a two-semester course.
This very short introduction sets out the origins and development of an English-language debate centered around the phrase "rule of law." It aims is to explore the distinctive ethical contribution offered by various thinkers to this specific phrase, first theorized by the English scholar A.V. Dicey, while largely setting aside how the same questions are framed and resolved in other traditions. The book opens by canvassing the classical and early modern sources upon which Dicey and his successors explicitly drew. It then explores the idea of Dicey, who it flags as the first self-conscious theorist of the rule of law. It then recounts his immediate successors. These include a heterogenous range of thinkers, such as Friedrich Hayek, Lon Fuller, Ronald Dworkin, and Tom Bingham. With this genealogy in hand, the book then reflects the important question of why the rule of law (in some version or other) persists-that is, why do actors with the power to cast aside the rule of law not do so? The book next turns to the ways in which the term "rule of law" has diffused across borders, making it a geopolitical phenomenon. Specifically, the phrase was taken toward the end of the twentieth century across borders by actors as diverse as the World Bank, Singapore, and the Chinese Communist Party. Finally, the book closes by examining the way that the rule-of-law tradition can be challenged both as a matter of theory and practice"--
This book is the 2024 case supplement to Constitutional Law, Ninth Edition by Geoffrey R. Stone, Louis M. Seidman, Cass R. Sunstein, Mark V. Tushnet, Pamela S. Karlan, Aziz Z. Huq, and Leah M. Litman. The 2024 Annual Supplement, like prior Supplements, includes excerpts from recent scholarship and from important new decisions of the Supreme Court—including major cases on the distribution of national powers and equality. This term reflects the continued shift in the orientation of the Court after the appointment by President Trump of three new Justices. New to the 2024 Supplement: Trump v. United States Trump v. Anderson Murthy v. Missouri Moody v. Netchoice and Netchoice v. Paxton FDA v. Alliance for Hippocratic Medicine Professors and students will benefit from: Judicious excerpts of recent opinions
The 2023 Annual Supplement, like prior Supplements, includes excerpts from recent scholarship and from important new decisions of the Supreme Court—including major cases on the distribution of national powers and equality. This term reflects the continued shift in the orientation of the Court after the appointment by President Trump of three new Justices. New to the 2023 Supplement: Moore v. Harper National Pork Producers Council v. Ross Biden v. Nebraska Students for Fair Admissions, Inc. v. President and Fellows of Harvard College Professors and students will benefit from: Judicious excerpts of recent opinions
Terrorism: Commentary on Security Documents Volume 103, Global Issues, continues the recent changes to this series that have justified a new publisher-brand, a new title, and a re-designed cover. That new title emphasizes the expert commentary now provided by three leading scholars in the field: Doug Lovelace, Director of the Army War College's Strategic Studies Institute, Kristen Boon of Seton Hall Law School, and Aziz Huq of the University of Chicago School of Law. In this particular volume, Lovelace updates researchers on new developments in various regions of the world. He devotes many pages to the debacle along the Afghanistan-Pakistan border, where Pakistan harbors extremists conducting the insurgency in Afghanistan. Both the documents selected by Lovelace and his insightful commentary describe how the U.S., under advice from Special Envoy Dick Holbrooke, has changed its approach to the problem by treating Afghanistan and Pakistan as one party instead of two. Volume 103 ("Global Issues") also examines the complex issue of China's possible assistance to terrorists overseas. For example, some weapons used against coalition forces in Afghanistan originate from China, despite China's promise to help the U.S. in its war against terror. Lovelace and the documents he presents also assess India's measured, thoughtful reaction to allegations that Pakistan facilitated the November terrorist attacks in Mumbai. The volume also alerts readers to disturbing developments in South America, where such groups as FARC in Colombia and The Shining Path in Peru have persisted in their profit-seeking campaigns of violence, despite those countries' general success in diminishing their power.
The 2021 Annual Supplement, like prior Supplements, includes excerpts from recent scholarship and from important new decisions of the Supreme Court. With the departure of Justice Ruth Bader Ginsburg and the appointment of Justice Amy Coney Barrett, this was an especially interesting Term, and several of the new decisions that are covered in the Annual Supplement are listed below. New to the 2021 Supplement: Uzuegbunam v. Preczewski – standing California v. Texas – ACA challenge on federalism grounds Collins v. Mnuchin – Separation of Powers challenge to FHFA Cedar Point Nursery v. Hassid – Takings Clause Mahanoy Area School District v. B.H. – off-site school speech Americans for Prosperity v. Rodriguez – campaign disclosures Tandon v. Newsom – religious liberty Fulton v. City of Philadelphia – religious liberty
Volume 108 of Terrorism: Commentary on Security Documents tackles the contentious issue that appears in the volume's title: "Extraordinary Rendition". Although many commentators and publications have focused on the U.S. policy of such troubling transfers, little focus has been devoted to the reaction to this policy by the rest of the world. In this volume, new General Co-Editor Aziz Huq both presents the key documents demonstrating that reaction and comments authoritatively on what those documents mean for the future of torture-based international transfers. For ease of research, Huq has divided the volume into two sections: the first deals with U.N. and E.U. responses to the U.S. policy, including a case before the U.N. Committee Against Torture, and the second section tours the reports and cases on rendition that have arisen from national jurisdictions, specifically Italy, Sweden, the U.K., ireland, and Canada.
Volume 107 of Terrorism, "U.N. Response to Al Qaeda", guides researchers through the history of one set of sanctions against those two organizations, sanctions based on U.N. Security Council Resolution 1267. In addition to the pertinent U.N. resolutions, this volume presents EU implementing regulations and court cases challenging those regulations. The expert commentary from new Co-Editor Kristen Boon highlights the human rights implications of placing a given person on the list of parties whose assets must be frozen under 1267.
Volume 117 of Terrorism: Commentary on Security Documents, Al Qaeda, the Taliban, and Conflict in Afghanistan includes recent documents relating to the conflict in Afghanistan against the Taliban and its foreign allies, including al Qaeda. Afghanistan remains a central front in the conflict against Al Qaeda and continues to plague analysts and military strategists alike. This collection of documents portrays a reoccurring theme: the integration of political and military strategies to better combat U.S. efforts in the region.
Thirty years after the Church Committee unearthed COINTELPRO and other instances of illicit executive behavior on the domestic and international fronts, the Bush administration has elevated the flaws identified by the committee into first principles of government. Through a constellation of non-public laws and opaque, unaccountable institutions, the current administration has created a “secret presidency” run by classified presidential decisions and orders about national security. A hyperactive Office of Legal Counsel in the Department of Justice is intent on eliminating checks on presidential power and testing that power's limits. Decisions are routinely executed at senior levels within the civilian administration without input from Congress or the federal courts, let alone our international allies. Secret NSA spying at home is the most recent of these. Harsh treatment of detainees, “extraordinary renditions,” secret foreign prisons, and the newly minted enemy combatant designation have also undermined our values. The resulting policies have harmed counterterrorism efforts and produced few tangible results. With a partisan Congress predictably reluctant to censure a politically aligned president, it is all the more important for citizens themselves to demand disclosure, oversight, and restraint of sweeping claims of executive power. This book is the first step.
Terrorism: Commentary on Security Documents is a series that provides primary source documents and expert commentary on the worldwide counter-terrorism effort. Among the documents collected are transcripts of Congressional testimony, reports by such federal government bodies as the Congressional Research Service (CRS) and the Government Accountability Office (GAO), and case law covering issues related to terrorism. Most volumes carry a single theme, and inside each volume the documents appear within topic-based categories. The series also includes a subject index and other indices that guide the user through this complex area of the law. Volume 123, Global Stability and U.S. National Security, includes documents that illuminate instability concerns in key regions of the world and offer insights into how the lack of stability negatively affects U.S. interests, as well as the interests of other nations. The documents selected by Douglas Lovelace include primarily studies of instability concerns in the Middle East and North Africa, as well as a document providing a general assessment of global stability and reports on Southeast and Central Asia and Latin America.
Terrorism: Commentary on Security Documents is a series that provides primary source documents and expert commentary on the worldwide counter-terrorism effort. Among the documents collected are transcripts of Congressional testimony, reports by such federal government bodies as the Congressional Research Service (CRS) and the Government Accountability Office (GAO), and case law covering issues related to terrorism. Most volumes carry a single theme, and inside each volume the documents appear within topic-based categories. The series also includes a subject index and other indices that guide the user through this complex area of the law. Volume 124, U.S. Approaches to Global Security Challenges, analyzes U.S. strategy toward security threats across the globe and identifies the beginnings of a shift away from a reliance on military power to the application of various types of civilian power which utilize a multinational approach. The documents introduced by Douglas Lovelace include U.S. perspectives on the international security situation generally as well as reports on more specific topics, such as the security situation in Afghanistan, terrorism in East Africa, the evolving role of NATO, and cooperation between the U.S. and other governments (such as the EU and China) in the fight against terrorism.
Terrorism: Commentary on Security Documents is a series that provides primary source documents and expert commentary on various topics in the worldwide effort to combat terrorism. Among the documents collected are transcripts of Congressional testimony, reports by such federal government bodies as the Congressional Research Service (CRS) and the Government Accountability Office (GAO), United Nations Security Council resolutions, reports and investigations by the United Nations Secretary-General and other dedicated UN bodies, and case law from the U.S. and around the globe covering issues related to terrorism. Most volumes carry a single theme, and inside each volume the documents appear within topic-based categories. The series also includes a subject index and other indices that guide the user through this complex area of the law. Volume 127, The Changing Nature of War, tackles how the approach to training for and fighting wars and readying national security is likely to evolve as the United States moves further into the 21st Century. Professor Douglas Lovelace, Jr. has organized and provided framing and illustrative commentary on Congressional Research Service reports, Presidential policy statements, Department of Defense strategy papers, and research reports from the U.S. Army War College's Strategic Studies Institute on contemporary national security topics as: United States war planning; the inter-related policy and force-related concerns of shifting from counterinsurgency-based efforts abroad to a focus on counterterrorism both domestically and abroad; transnational organized crime, with particular emphasis on the Mexican drug cartels operating along the U.S.-Mexico border; and the ever-expanding national security and private economic ramifications of cyberwarfare.
Volume 112 of Terrorism: Commentary on Security Documents, Discerning President Obama's National Defense Strategy, makes available documents from the first fifteen months of the Obama administration that provide insights into its developing national defense strategy. Included are documents specifically relating to the U.S. Department of Defense and the nation's armed forces. Included is the February 2010 Quadrennial Defense Review Report of the Department of Defense, one of the most significant documents providing insight into the defense component of national security. General Editor Douglas Lovelace, an expert in U.S. military matters, elucidates the complexities of military spending and of counter-insurgency tactics. Also included are reports detailing the strategy and performance of government agencies involved in the security effort, such as the Department of Homeland Security. These reports shed light on internal department assessments as well as external evaluations. Finally, strategy documents produced by the U.S. armed forces describe the national security policy being implemented by the nation's senior military leaders. Researchers will benefit from the focused and comprehensive nature of these reports.
Volume 116 of Terrorism: Commentary on Security Documents, Assessing President Obama's National Security Strategy extends the previous volumes on the Administration's national security policy by highlighting its specific strategies. The volume begins with an assessment of the recently published Obama National Security Strategy. It also includes other strategy documents, official statements, and budget documents to allow readers to compare and contrast this Administration's approach to its predecessor.
Terrorism: Commentary on Security Documents is a hardbound series that provides primary-source documents and expert commentary on the worldwide counter-terrorism effort. Among the documents collected are transcripts of Congressional testimony, reports by such federal government bodies as the Congressional Research Service (CRS) and the Government Accountability Office (GAO), and case law covering issues related to terrorism. Most volumes carry a single theme, and inside each volume the documents appear within topic-based categories. The series also includes a subject index and other indices that guide the user through this complex area of the law. Volume 119, Catastrophic Possibilities Threatening U.S. Security, discusses the nightmare scenario of a catastrophic attack on the United States. While the U.S. national security apparatus remains focused on the "wars" in Iraq and Afghanistan and appears to be postulating a future international security environment defined largely by threats increasingly posed by weak, failing, and failed states, astute strategists are not discounting the possibility of a catastrophic attack on the United States. In this volume, Douglas Lovelace presents a number of documents that help describe, explain, and assess the nature and severity of the threat of a catastrophic attack. Offering expert commentary for each section, Lovelace groups the documents into three categories: Catastrophic Potentialities in the International Security Environment, Countering the Proliferation of Nuclear Weapons and Nuclear Materials, and Catastrophic Cyber Attack. Documents include a Department of Defense overview of the four categories of strategic challenges, a Government Accountability Office report addressing weapons of mass destruction and the actions needed to allocate resources for counterproliferation programs, and an insightful overview of the threat of catastrophic cyber-attack by the Department of Homeland Security. The commentary and primary sources in Volume 119 will apprise researchers and practitioners of international law and national security of the perils of a catastrophic attack against the United States posed by terrorists, radicals, state failure, and humanitarian disasters.
Volume 105: Narco-Terrorism explores the legal aspects of combatting narco-terrrorism, domestically in the U.S. and through international endeavors in Colombia and Afghanistan. This book serves as a one-volume guide to the relationship between the drug trade and terrorism. The volume's sections on Afghanistan and Colombia demonstrate the challenges faced by the international legal community in thwarting that relationship.
Volume 106 of Terrorism: Commentary on Security Documents, Terrorist Financing and Money Laundering, guides readers through the complex legal terrain of terrorist financing and money-laundering. Researchers will benefit from the diversity of this volume's selection: from U.S. agency reports on how to implement the recommendations of the 9/11 Commission to the efforts of the European Parliament in seizing assets to two perspectives on how well Saudi Arabia is combating terrorist financing within its borders: the U.S. perspective and the perspective of Saudi Arabia itself. Equally important for researchers is this volume's extensive treatment of U.N. measures on terrorist financing and money laundering. The volume concludes with the full text of the model rules for regulating terrorism-related financial transactions, as promulgated by a joint body of the U.N. and the International Monetary Fund.
Terrorism: Commentary on Security Documents is a series that provides primary source documents and expert commentary on the worldwide counter-terrorism effort. Among the documents collected are transcripts of Congressional testimony, reports by such federal government bodies as the Congressional Research Service (CRS) and the Government Accountability Office (GAO), and case law covering issues related to terrorism. Each volume carries a single theme, and inside each volume the documents appear within topic-based categories. The series also includes a subject index and other indices that guide the user through this complex area of the law. Volume 121, Nuclear Non-Proliferation Treaty, covers recent developments relating to the 2010 NPT Review Conference, primarily those pertaining to Iran and North Korea. After the 2005 Review Conference ended without a final consensus declaration due to disputes over Iran's nuclear activities, Israel's nuclear program, and implementation of the Middle East nuclear weapon-free zone, the lack of consensus in 2005 combined with continued concern over the nuclear programs of Iran and North Korea made the 2010 Review Conference a critical moment in the achievement of the NPT's goals. Kristen Boon provides introductory analysis of the key documents relating to the NPT generally and the 2010 NPT Review Conference in particular. The documents in this volume include the Final Declaration of the 2000 Conference, statements made by the key parties at the 2010 Conference, the Final Statement of the 2010 Conference, and related UN Security Council resolutions from 2009 and 2010. Professor Boon also includes renewed discussion of two critical past documents, the U.S. Nuclear Posture Review Report of April 6, 2010, and the U.S. National Security Strategy of May 27, 2010.
Terrorism: Commentary on Security Documents is a series that provides primary source documents and expert commentary on the worldwide counter-terrorism effort. Among the documents collected are transcripts of Congressional testimony, reports by such federal government bodies as the Congressional Research Service (CRS) and the Government Accountability Office (GAO), and case law covering issues related to terrorism. Most volumes carry a single theme, and inside each volume the documents appear within topic-based categories. The series also includes a subject index and other indices that guide the user through this complex area of the law. Volume 122, U.N. Response to Al Qaeda--Developments Through 2011, discusses recent actions by the United Nations in response to Al-Qaeda, particularly focusing on sanctions under Security Council Resolution 1267 as well as regional responses and court challenges to 1267 sanctions. The documents introduced by Kristen Boon include the key Security Council resolutions, EU regulations, court decisions, and reports by Security Council committees and external bodies.
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