Richard H Fallon's Books

Implementing the Constitution

By: Richard H. FALLON,Richard H Fallon

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This book argues that the Supreme Court performs two functions. The first is to identify the Constitution's idealized "meaning." The second is to develop tests and doctrines to realize that meaning in practice. Bridging the gap between the two--implementing the Constitution--requires moral vision, but also practical wisdom and common sense, ingenuity, and occasionally a willingness to make compromises. In emphasizing the Court's responsibility to make practical judgments, "Implementing the Constitution" takes issue with the two positions that have dominated recent debates about the Court's proper role. Constitutional "originalists" maintain that the Court's essential function is to identify the "original understanding" of constitutional language and then apply it deductively to current problems. This position is both unwise and unworkable, the book argues. It also critiques well-known accounts according to which the Court is concerned almost exclusively with matters of moral and constitutional principle. "Implementing the Constitution" bridges the worlds of constitutional theory, political theory, and constitutional practice. It illuminates the Supreme Court's decision of actual cases and its development of well-known doctrines. It is a doctrinal study that yields jurisprudential insights and a contribution to constitutional theory that is closely tied to actual judicial practice.

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199

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Harvard University Press

Published Date

ISBN 10

0674036670

ISBN 13

9780674036673

The Dynamic Constitution

An Introduction to American Constitutional Law

By: Richard H. Fallon

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The Dynamic Constitution

An Introduction to American Constitutional Law

By: Richard H. Fallon

[In this book, the author] introduces non-lawyers to the workings of American constitutional law. He writes about leading constitutional doctrines and issues, including freedom of speech and religion, the guarantee of equal protection, rights to fair procedures, and rights to privacy and sexual autonomy. [He] describes many of the ... cases and personalities that have shaped constitutional law, demonstrating how historical, cultural, and other factors have influenced constitutional adjudication. Furthermore, [he] argues that the Constitution must serve as a dynamic document that adapts to the changing conditions inherent in human affairs.-Dust jacket.

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360

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Cambridge University Press

Published Date

ISBN 10

0521840945

ISBN 13

9780521840941

The Nature of Constitutional Rights

The Invention and Logic of Strict Judicial Scrutiny

By: Richard H. Fallon Jr.

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The Nature of Constitutional Rights

The Invention and Logic of Strict Judicial Scrutiny

By: Richard H. Fallon Jr.

What does it mean to have a constitutional right in an era in which most rights must yield to 'compelling governmental interests'? After recounting the little-known history of the invention of the compelling-interest formula during the 1960s, The Nature of Constitutional Rights examines what must be true about constitutional rights for them to be identified and enforced via 'strict scrutiny' and other, similar, judge-crafted tests. The book's answers not only enrich philosophical understanding of the concept of a 'right', but also produce important practical payoffs. Its insights should affect how courts decide cases and how citizens should think about the judicial role. Contributing to the conversation between originalists and legal realists, Richard H. Fallon, Jr explains what constitutional rights are, what courts must do to identify them, and why the protections that they afford are more limited than most people think.

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223

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Cambridge University Press

Published Date

ISBN 10

1108651879

ISBN 13

9781108651875

Implementing the Constitution

By: Richard H. FALLON,Richard H Fallon

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Implementing the Constitution

By: Richard H. FALLON,Richard H Fallon

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199

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Harvard University Press

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ISBN 10

0674036670

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9780674036673

Law and Legitimacy in the Supreme Court

By: Richard H. Fallon Jr.

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Law and Legitimacy in the Supreme Court

By: Richard H. Fallon Jr.

Winner of the Thomas M. Cooley Book Prize, Georgetown Center on the Constitution Why do self-proclaimed constitutional “originalists” so regularly reach decisions with a politically conservative valence? Do “living constitutionalists” claim a license to reach whatever results they prefer, without regard to the Constitution’s language and history? In confronting these questions, Richard H. Fallon reframes and ultimately transcends familiar debates about constitutional law, constitutional theory, and judicial legitimacy. Drawing from ideas in legal scholarship, philosophy, and political science, Fallon presents a theory of judicial legitimacy based on an ideal of good faith in constitutional argumentation. Good faith demands that the Justices base their decisions only on legal arguments that they genuinely believe to be valid and are prepared to apply to similar future cases. Originalists are correct about this much. But good faith does not forbid the Justices to refine and adjust their interpretive theories in response to the novel challenges that new cases present. Fallon argues that theories of constitutional interpretation should be works in progress, not rigid formulas laid down in advance of the unforeseeable challenges that life and experience generate. Law and Legitimacy in the Supreme Court offers theories of constitutional law and judicial legitimacy that accept many tenets of legal realism but reject its corrosive cynicism. Fallon’s account both illuminates current practice and prescribes urgently needed responses to a legitimacy crisis in which the Supreme Court is increasingly enmeshed.

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237

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Harvard University Press

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ISBN 10

0674986091

ISBN 13

9780674986091

The Nature of Constitutional Rights

The Invention and Logic of Strict Judicial Scrutiny

By: Richard H. Fallon Jr.

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The Nature of Constitutional Rights

The Invention and Logic of Strict Judicial Scrutiny

By: Richard H. Fallon Jr.

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223

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Cambridge University Press

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ISBN 10

1108651879

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9781108651875

The Dynamic Constitution

An Introduction to American Constitutional Law and Practice

By: Richard H. Fallon

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The Dynamic Constitution

An Introduction to American Constitutional Law and Practice

By: Richard H. Fallon

In this revised second edition of The Dynamic Constitution, Richard H. Fallon, Jr provides an engaging, sophisticated introduction to American constitutional law.

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433

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Cambridge University Press

Published Date

ISBN 10

1107021405

ISBN 13

9781107021402

The Dynamic Constitution

An Introduction to American Constitutional Law and Practice

By: Richard H. Fallon, Jr

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The Dynamic Constitution

An Introduction to American Constitutional Law and Practice

By: Richard H. Fallon, Jr

In this revised and updated second edition of The Dynamic Constitution, Richard H. Fallon, Jr provides an engaging, sophisticated introduction to American constitutional law. Suitable for lawyers and non-lawyers alike, this book discusses contemporary constitutional doctrine involving such issues as freedom of speech, freedom of religion, rights to privacy and sexual autonomy, the death penalty, and the powers of Congress. Through examples of Supreme Court cases and portraits of past and present Justices, this book dramatizes the historical and cultural factors that have shaped constitutional law. The Dynamic Constitution, 2nd edition, combines detailed explication of current doctrine with insightful analysis of the political culture and theoretical debates in which constitutional practice is situated. Professor Fallon uses insights from political science to explain some aspects of constitutional evolution and emphasizes features of the judicial process that distinguish constitutional law from ordinary politics.

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433

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Cambridge University Press

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ISBN 10

113961987X

ISBN 13

9781139619875

Divergent Paths

The Academy and the Judiciary

By: Richard A. Posner

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Divergent Paths

The Academy and the Judiciary

By: Richard A. Posner

Judges and legal scholars talk past one another, if they have any conversation at all. Academics criticize judicial decisions in theoretical terms, which leads many judges to dismiss academic discourse as divorced from reality. Richard Posner reflects on the causes and consequences of this widening gap and what can be done to close it.

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432

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Harvard University Press

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ISBN 10

0674286030

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9780674286030

The Foundations of American Citizenship

Liberalism, the Constitution, and Civic Virtue

By: Richard C. Sinopoli

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The Foundations of American Citizenship

Liberalism, the Constitution, and Civic Virtue

By: Richard C. Sinopoli

This study explores the political world view of the individuals who created the American Revolution, focusing on their new conceptions of citizenship as expressed in the debates over the ratification in the USA of the 1787 Constitution.

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224

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Oxford University Press, USA

Published Date

ISBN 10

0195070674

ISBN 13

9780195070675

Reflections on Judging

By: Richard A. Posner

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Reflections on Judging

By: Richard A. Posner

In Reflections on Judging, Richard Posner distills the experience of his thirty-one years as a judge of the United States Court of Appeals for the Seventh Circuit. Surveying how the judiciary has changed since his 1981 appointment, he engages the issues at stake today, suggesting how lawyers should argue cases and judges decide them, how trials can be improved, and, most urgently, how to cope with the dizzying pace of technological advance that makes litigation ever more challenging to judges and lawyers. For Posner, legal formalism presents one of the main obstacles to tackling these problems. Formalist judges--most notably Justice Antonin Scalia--needlessly complicate the legal process by advocating "canons of constructions" (principles for interpreting statutes and the Constitution) that are confusing and self-contradictory. Posner calls instead for a renewed commitment to legal realism, whereby a good judge gathers facts, carefully considers context, and comes to a sensible conclusion that avoids inflicting collateral damage on other areas of the law. This, Posner believes, was the approach of the jurists he most admires and seeks to emulate: Oliver Wendell Holmes, Louis Brandeis, Benjamin Cardozo, Learned Hand, Robert Jackson, and Henry Friendly, and it is an approach that can best resolve our twenty-first-century legal disputes.

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423

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Harvard University Press

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ISBN 10

0674184653

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9780674184657

Constitutional Amendments

Making, Breaking, and Changing Constitutions

By: Richard Albert

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Constitutional Amendments

Making, Breaking, and Changing Constitutions

By: Richard Albert

Constitutional Amendments: Making, Breaking, and Changing Constitutions is both a roadmap for navigating the intellectual universe of constitutional amendments and a blueprint for building and improving the rules of constitutional change. Drawing from dozens of constitutions in every region of the world, this book blends theory with practice to answer two all-important questions: what is an amendment and how should constitutional designers structure the procedures of constitutional change? The first matters now more than ever. Reformers are exploiting the rules of constitutional amendment, testing the limits of legal constraint, undermining the norms of democratic government, and flouting the constitution as written to create entirely new constitutions that masquerade as ordinary amendments. The second question is central to the performance and endurance of constitutions. Constitutional designers today have virtually no resources to guide them in constructing the rules of amendment, and scholars do not have a clear portrait of the significance of amendment rules in the project of constitutionalism. This book shows that no part of a constitution is more important than the procedures we use change it. Amendment rules open a window into the soul of a constitution, exposing its deepest vulnerabilities and revealing its greatest strengths. The codification of amendment rules often at the end of the text proves that last is not always least.

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353

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Oxford University Press

Published Date

ISBN 10

0190640502

ISBN 13

9780190640507

The Problems of Jurisprudence

By: Richard A. Posner

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The Problems of Jurisprudence

By: Richard A. Posner

In this book, one of our country’s most distinguished scholar-judges shares with us his vision of the law. For the past two thousand years, the philosophy of law has been dominated by two rival doctrines. One contends that law is more than politics and yields, in the hands of skillful judges, correct answers to even the most difficult legal questions; the other contends that law is politics through and through and that judges wield essentially arbitrary powers. Rejecting these doctrines as too metaphysical in the first instance and too nihilistic in the second, Richard Posner argues for a pragmatic jurisprudence, one that eschews formalism in favor of the factual and the empirical. Laws, he argues, are not abstract, sacred entities, but socially determined goads for shaping behavior to conform with society’s values. Examining how judges go about making difficult decisions, Posner argues that they cannot rely on either logic or science, but must fall back on a grab bag of informal methods of reasoning that owe less than one might think to legal training and experience. Indeed, he reminds us, the greatest figures in American law have transcended the traditional conceptions of the lawyer’s craft. Robert Jackson did not attend law school and Benjamin Cardozo left before getting a degree. Holmes was neither the most successful of lawyers nor the most lawyerly of judges. Citing these examples, Posner makes a plea for a law that frees itself from excessive insularity and takes all knowledge, practical and theoretical, as grist for its mill. The pragmatism that Posner espouses implies looking at problems concretely, experimentally, without illusions, with an emphasis on keeping diverse paths of inquiry open, and, above all, with the insistence that social thought and action be evaluated as instruments to desired human goals rather than as ends in themselves. In making his arguments, he discusses notable figures in jurisprudence from Antigone to Ronald Dworkin as well as recent movements ranging from law and economics to civic republicanism, and feminism to libertarianism. All are subjected to Posner’s stringent analysis in a fresh and candid examination of some of the deepest problems presented by the enterprise of law.

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524

Publisher

Harvard University Press

Published Date

ISBN 10

0674255488

ISBN 13

9780674255487

Cheap Speech

How Disinformation Poisons Our Politics—and How to Cure It

By: Richard L. Hasen

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Cheap Speech

How Disinformation Poisons Our Politics—and How to Cure It

By: Richard L. Hasen

An informed and practical road map for controlling disinformation, embracing free speech, saving American elections, and protecting democracy "A fresh, persuasive and deeply disturbing overview of the baleful and dangerous impact on the nation of widely disseminated false speech on social media. Richard Hasen, the country’s leading expert about election law, has written this book with flair and clarity.”—Floyd Abrams, author of The Soul of the First Amendment What can be done consistent with the First Amendment to ensure that American voters can make informed election decisions and hold free elections amid a flood of virally spread disinformation and the collapse of local news reporting? How should American society counter the actions of people like former President Donald J. Trump, who used social media to convince millions of his followers to doubt the integrity of U.S. elections and helped foment a violent insurrection? What can we do to minimize disinformation campaigns aimed at suppressing voter turnout? With piercing insight into the current debates over free speech, censorship, and Big Tech’s responsibilities, Richard L. Hasen proposes legal and social measures to restore Americans’ access to reliable information on which democracy depends. In an era when quack COVID treatments and bizarre QAnon theories have entered mainstream, this book explains how to assure both freedom of ideas and a commitment to truth.

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260

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Yale University Press

Published Date

ISBN 10

0300265255

ISBN 13

9780300265255

The Classical Liberal Constitution

By: Richard A. Epstein

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The Classical Liberal Constitution

By: Richard A. Epstein

American liberals and conservatives alike take for granted a progressive view of the Constitution that took root in the early twentieth century. Richard Epstein laments this complacency which, he believes, explains America's current economic malaise and political gridlock. Steering clear of well-worn debates between defenders of originalism and proponents of a living Constitution, Epstein employs close textual reading, historical analysis, and political and economic theory to urge a return to the classical liberal theory of governance that animated the framers' original constitutional design. Grounded in the thought of Locke, Hume, Madison, and other Enlightenment figures, classical liberalism emphasized federalism, restricted government, separation of powers, and strong protection of individual rights. New Deal progressives challenged this synthesis by embracing government as a force for social good rather than a necessary evil. The Supreme Court has unwisely ratified the progressive program by sustaining many legislative initiatives at odds with the classical liberal Constitution. Epstein addresses both the Constitution's structural safeguards against state power and its protection of individual rights. He sheds light on contemporary disputes ranging from presidential prerogatives to health care legislation, while exploring such enduring topics as judicial review, economic regulation, freedom of speech and religion, and equal protection.

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701

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Harvard University Press

Published Date

ISBN 10

0674726499

ISBN 13

9780674726499

Frontiers of Legal Theory

By: Richard A. Posner

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Frontiers of Legal Theory

By: Richard A. Posner

The most exciting development in legal thinking since World War II has been the growth of interdisciplinary legal studies. Judge Richard Posner has been a leader in this movement, and his new book explores its rapidly expanding frontier.

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474

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Harvard University Press

Published Date

ISBN 10

0674013603

ISBN 13

9780674013605

The Federal Courts

Challenge and Reform, Revised Edition

By: Richard A. Posner

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The Federal Courts

Challenge and Reform, Revised Edition

By: Richard A. Posner

The federal courts are the world’s most powerful judiciary and a vital element of the American political system. In recent decades, these courts have experienced unprecedented growth in caseload and personnel. Many judges and lawyers believe that a “crisis in quantity” is imperiling the ability of the federal judiciary to perform its historic function of administering justice fairly and expeditiously. In a substantially revised edition of his widely acclaimed 1985 book The Federal Courts: Crisis and Reform, Chief Judge Richard A. Posner of the U.S. Court of Appeals for the Seventh Circuit provides a comprehensive evaluation of the federal judiciary and a detailed program of judicial reform. Drawing on economic and political theory as well as on legal analysis and his own extensive judicial experience, Posner sketches the history of the federal courts, describes the contemporary institution, appraises the concerns that have been expressed with the courts’ performance, and presents a variety of proposals for both short-term and fundamental reform. In contrast to some of the direr prophecies of observers of the federal courts, Posner emphasizes the success of these courts in adapting to steep caseload growth with minimum sacrifice in quality. Although the book ranges over a variety of traditional topics in federal jurisdiction, the focus is steady on federal judicial administration conceived of as an interdisciplinary approach emphasizing system rather than doctrine, statistics rather than impressions, and caseload rather than cases. Like the earlier edition, this book promises to be a landmark in the empirical study of judicial administration.

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430

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Harvard University Press

Published Date

ISBN 10

0674042247

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9780674042247

The Rodrigo Chronicles

Conversations About America and Race

By: Richard Delgado

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The Rodrigo Chronicles

Conversations About America and Race

By: Richard Delgado

Dubbed a pioneer of critical race theory, Delgado offers a book of compelling conversations about race in America Richard Delgado is one of the most evocative and forceful voices writing on the subject of race and law in America today. The New York Times has described him as a pioneer of critical race theory, the bold and provocative movement that, according to the Times "will be influencing the practice of law for years to come." In The Rodrigo Chronicles, Delgado, adopting his trademark storytelling approach, casts aside the dense, dry language so commonly associated with legal writing and offers up a series of incisive and compelling conversations about race in America. Rodrigo, a brash and brilliant African-American law graduate has been living in Italy and has just arrived in the office of a professor when we meet him. Through the course of the book, the professor and he discuss the American racial scene, touching on such issues as the role of minorities in an age of global markets and competition, the black left, the rise of the black right, black crime, feminism, law reform, and the economics of racial discrimination. Expanding on one of the central themes of the critical race movement, namely that the law has an overwhelmingly white voice, Delgado here presents a radical and stunning thesis: it is not black, but white, crime that poses the most significant problem in modern American life.

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295

Publisher

NYU Press

Published Date

ISBN 10

0814744192

ISBN 13

9780814744192

Administrative Law and Regulatory Policy

Problems, Text, and Cases

By: Stephen G. Breyer,Michael Herz,Richard B. Stewart,Cass R. Sunstein,Adrian Vermeule

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Administrative Law and Regulatory Policy

Problems, Text, and Cases

By: Stephen G. Breyer,Michael Herz,Richard B. Stewart,Cass R. Sunstein,Adrian Vermeule

The ninth edition of this classic casebook Administrative Law and Regulatory Policy: Problems, Text, and Cases is streamlined and updated while retaining the previous editions’ rigor, comprehensiveness, and contextual approach. Outstanding authorship, rich and varied materials, and comprehensive coverage remain the hallmarks of the ninth edition of the acclaimed Administrative Law and Regulatory Policy: Problems, Text, and Cases. Administrative procedure is examined in the context of substantive policy debates regarding regulation in a wide range of areas. Extensive notes, questions, and problems support thoughtful reading and analysis. The presentation acknowledges complexity and contradictions in the material while still providing explanations and guideposts along the way. Problems interspersed throughout provide an opportunity to explore the doctrine in more depth and test one’s understanding of it. New to the Ninth Edition: A thorough updating of cases, notes, and questions A more streamlined and user-friendly presentation. Despite significant additions, the 9th edition is shorter than the 8th. Inclusion of important recent judicial decisions, including Gundy v. United States, 139 S. Ct. 2116 (2019) (nondelegation) Lucia v. SEC, 138 S. Ct. 2044 (2018) (officers of the U.S.) Seila Law LLC v. CFPB, 140 S. Ct. 2183 (2020) (president’s removal authority) Oil States Energy Services, LLC v. Greene’s Energy Group, LLC, 138 S. Ct. 1365 (2018) (agency adjudication) Kisor v. Wilkie, 139 S. Ct. 2400 (2019) (deference to an agency’s interpretation of its own regulation) DHS v. Regents of the University of California, 140 S. Ct. 1891 (2020) (DACA rescission) Department of Commerce v. State of New York, 139 S. Ct. 2551 (2019) (pretextual justifications and arbitrary and capricious review) Little Sisters of the Poor v. Pennsylvania, 140 S. Ct. 2367 (2020) (interim final rulemaking) Professors and students will benefit from: Thorough coverage of the processes of agency rulemaking and adjudication Illuminating discussion of doctrines that may be on the cusp of major change, including Chevron deference, Auer deference, and the nondelegation doctrine Attention to the underlying justifications for, and possible criticisms of, the regulatory initiatives that are the subject of the cases studied. Extensive notes and questions that both explain and challenge A completely new website that provides Additional materials for possible assignment (including an introductory case study and materials on enforcement) Illustrative agency documents (rulemaking preambles, an administrative complaint, FOIA requests and denials, etc.) Extensive links to material on the web, including on agency websites, that provide examples of or help students situate the topics in the casebook Photographs of people, places, and things that are the subject of the cases in the book Updates on new decisions, statutes, and regulatory initiatives

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Page Count

1430

Publisher

Aspen Publishing

Published Date

ISBN 10

1543825834

ISBN 13

9781543825831

The American Common Law Method

By: Richard Cappalli

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The American Common Law Method

By: Richard Cappalli

There have been many introductory texts on the common law over the years, but among the more recent Professor Cappalli's The American Common Law Method has been most widely praised. It focuses on the system of judicial precedent, recognized as one of the great achievements of Anglo-American genius, and especially on its development in American jurisprudence since Holmes and Cardozo. It comprehensively details both the theory underlying case law and the methodology and thinking employed by American judges in applying that theory to specific fact-patterns. Special classroom adoption prices are available. Published under the Transnational Publishers imprint.

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387

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BRILL

Published Date

ISBN 10

9004638806

ISBN 13

9789004638808

Arbitration Law in America

A Critical Assessment

By: Edward Brunet,Richard E. Speidel,Jean E. Sternlight,Stephen J. Ware

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Arbitration Law in America

A Critical Assessment

By: Edward Brunet,Richard E. Speidel,Jean E. Sternlight,Stephen J. Ware

Arbitration Law in America: A Critical Assessment is a source of arguments and practical suggestions for changing the American arbitration process. The book argues that the Federal Arbitration Act badly needs major changes. The authors, who have previously written major articles on arbitration law and policy, here set out their own views and argue among themselves about the necessary reforms of arbitration. The book contains draft legislation for use in international and domestic arbitration and a detailed explanation of the precise justifications for proposed legislative changes. It also contains two proposals that might be deemed radical - to ban arbitration related to the purchase of products by consumers and to prohibit arbitration of employment disputes. Each proposal is vetted fully and critiqued by one or more of the other co-authors.

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424

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Cambridge University Press

Published Date

ISBN 10

1107320674

ISBN 13

9781107320673

Law and Legitimacy in the Supreme Court

By: Richard H. Fallon (Jr.)

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Law and Legitimacy in the Supreme Court

By: Richard H. Fallon (Jr.)

The book addresses questions about the roles of law and politics and the challenge of legitimacy in constitutional adjudication in the Supreme Court. With all sophisticated observers recognizing that the Justices' political outlooks influence their decision making, many political scientists, some of the public, and a few prominent judges have become Cynical Realists. In their view Justices vote based on their policy preferences, and legal reasoning is mere window-dressing. This book rejects Cynical Realism, but without denying many Realist insights. It explains the limits of language and history in resolving contentious constitutional issues. To rescue the notion that the Constitution is law that binds the Justices, the book provides an original account of what law is and means in the Supreme Court. It also offers a theory of legitimacy in Supreme Court adjudication. Given the nature of law in the Supreme Court, we need to accept and learn to respect reasonable disagreement about many constitutional issues. If so, the legitimacy question becomes: how would the Justices need to decide cases so that even those who disagree with the outcomes ought to respect the Justices' processes of decision? The book gives a fresh and counterintuitive answer to that vital question. Adapting a methodology made famous by John Rawls, it argues that the Justices should strive to achieve a "reflective equilibrium" between their interpretive principles, framed to identify the Constitution's enduring meaning, and their judgments about appropriate outcomes in particular cases, evaluated as prescriptions for the nation to live by in the future. The book blends the perspectives of law, philosophy, and political science to answer theoretical and practical questions of pressing national importance"--

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221

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ISBN 10

0674986113

ISBN 13

9780674986114

2006 Supplement to Constitutional Law

Cases-comments-questions, Tenth Edition

By: Jesse H. Choper,Richard H. Fallon, Jr.,Yale Kamisar,Steven H. Shiffrin

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2006 Supplement to Constitutional Law

Cases-comments-questions, Tenth Edition

By: Jesse H. Choper,Richard H. Fallon, Jr.,Yale Kamisar,Steven H. Shiffrin

Supplement to Choper, Fallon, Kamisar & Shiffrin's Constitutional Law: Cases & Comments?Questions, 10th

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West Academic Publishing

Published Date

ISBN 10

0314168192

ISBN 13

9780314168191

Hart and Wechsler's the Federal Courts and the Federal System Supplement

By: Richard H. Fallon, JR.,John F. Manning,Daniel J. Meltzer,David L. Shapiro

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Hart and Wechsler's the Federal Courts and the Federal System Supplement

By: Richard H. Fallon, JR.,John F. Manning,Daniel J. Meltzer,David L. Shapiro

This 2008 Supplement updates the main text with recent developments. Topics discussed include the development and structure of the federal judicial system; cases and controversies; the original jurisdiction of the Supreme Court; the distribution of judicial power among federal and state courts; review of state court decisions by the Supreme Court; civil actions in the district courts; federal common law; jurisdiction of the district courts; suits challenging official action; limitations on district court jurisdiction; federal habeas corpus; problems of district court jurisdiction; and appellate review of federal decisions.

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324

Publisher

Foundation Press

Published Date

ISBN 10

1599414716

ISBN 13

9781599414713

The Sixth Son

A Human Trafficking Novel

By: Richard L. Cañas

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The Sixth Son

A Human Trafficking Novel

By: Richard L. Cañas

The Sixth Son is the second novel of a trilogy on human trafficking involving US Homeland Security Investigations (HSI) and their relentless effort to curb Mexican cartel shipments of kidnapped women and children across the US border. Unlike the prequel, The Old Cop, which involved a retired US Agent, Agustín Camelia's intrepid efforts to battle this evil, The Sixth Son concerns the struggles of a highly regarded Maryland family, the Mancinis, who recently made a bizarre discovery about their late patriarch, Geovani Mancini, who migrated to the US from Sicily in 1939 with the assistance of Sicilian mafia members. Unknown dubious New York relations now threaten to tear the family apart. Geovani Mancini's sons and daughter, who now run the family business, agree to withhold these findings from the rest of the family until a private investigator thoroughly investigates. Meanwhile, unrelated to the familial turmoil, a young grandson and college student, Alex Mancini, has accepted a job as an intern with HSI while finishing his master's degree. Among his duties is interviewing recent victims of human trafficking and preparing them for court testimony. The case involves twenty-seven women rescued by HSI in La Vergne, Tennessee, two months prior. While interacting with HSI Special Agents on this investigation, Alex learns about Camelia's contributions to the case and his mysterious disappearance in Mexico. Gripped with the story, he volunteers to determine his current whereabouts. Alex's probe places him in the crosshairs of the Mexican cartel members, who are poised to retaliate against US intruders.

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253

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AuthorHouse

Published Date

ISBN 13

9798823022873

Mass Torts in a World of Settlement

By: Richard A. Nagareda

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Mass Torts in a World of Settlement

By: Richard A. Nagareda

The traditional definition of torts involves bizarre, idiosyncratic events where a single plaintiff with a physical impairment sues the specific defendant he believes to have wrongfully caused that malady. Yet public attention has focused increasingly on mass personal-injury lawsuits over asbestos, cigarettes, guns, the diet drug fen-phen, breast implants, and, most recently, Vioxx. Richard A. Nagareda’s Mass Torts in a World of Settlement is the first attempt to analyze the lawyer’s role in this world of high-stakes, multibillion-dollar litigation. These mass settlements, Nagareda argues, have transformed the legal system so acutely that rival teams of lawyers operate as sophisticated governing powers rather than litigators. His controversial solution is the replacement of the existing tort system with a private administrative framework to address both current and future claims. This book is a must-read for concerned citizens, policymakers, lawyers, investors, and executives grappling with the changing face of mass torts.

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348

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University of Chicago Press

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ISBN 10

0226567621

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9780226567624

Book's by Richard H Fallon

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