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205 results in US law

Page 1 of 11

The U.S. Presidency

Feminist Judgments: Reimagining the International Criminal Court
  • Edited by Kcasey McLoughlin, Rosemary Grey, Louise Chappell, Suzanne Varrall
  • Coming soon
  • Expected online publication date:
    July 2025
    Print publication:
    31 July 2025
  • In the past decade, feminist scholars and women's rights activists have used the feminist judgment method to reimagine the relationship between law and gender justice, resulting in rewritten 'feminist' judgments from courts around the world. This groundbreaking book extends this approach and applies it to a wide range of decisions of the International Criminal Court (ICC), the Hague-based court with power to prosecute war crimes, crimes against humanity, genocide and aggression in over 120 countries. With over 60 contributors from the Global North and Global South, including countries where the ICC has been active, this book reflects an international and intersectional feminism. Diverse contributions reveal the gendered implications of crimes (both sexual and non-sexual), command responsibility, defences, complementarity, head of state immunity, sentencing, reparations and more. This title is also available as Open Access on Cambridge Core.

Who Nominates?
  • A History of the U.S. Presidential Nomination Process
  • Norman R. Williams
  • Coming soon
  • Expected online publication date:
    June 2025
    Print publication:
    17 July 2025
  • Who Nominates? is an accessible and non-partisan examination of the presidential nomination process, untangling the byzantine web of legal rules that govern modern nomination procedures in both major political parties. Beginning with the Constitutional Convention of 1787, noted constitutional law scholar Norman R. Williams traces the evolution of party rules and state laws regarding which individuals are entrusted with the power to choose the parties' presidential nominees. Only in the 1970s were ordinary voters fully included in the process, and even today, the rules governing nominations exclude or devalue a large number of voters. Williams' analysis provides context for modern debates about the role and influence of party elites, such as the Democrats' “superdelegates,” and examines how the rules governing the process today contribute to the increasingly divisive ideological polarization of presidential contests.

American Grasslands
  • Reckoning with the Law and Policy that Shaped Agriculture in the West
  • Hillary M. Hoffmann
  • Published online:
    06 February 2025
    Print publication:
    13 February 2025
  • American Grasslands provides a comprehensive review of select laws and policies that have shaped modern western agriculture. Through compelling stories of both famous and lesser-known ranches, the book explores the trajectory of law and policy that has consolidated power in western ranchers and agricultural enterprises. Drawing lessons from historical events such as the Dust Bowl and the current climate and extinction crises, the book illustrates the harmful externalities of agricultural activity and the need for meaningful reform. The book also addresses recent national calls for social and racial justice in the context of western agriculture and public resources like water, land, and wildlife. After highlighting the problems created by current laws and policies, the book offers practical recommendations for future legal and policy reform. American Grasslands is a must-read for anyone interested in the history and future of western agriculture and the role of law and policy in shaping it.

Reviving Rural America
  • Toward Policies for Resilience
  • Ann M. Eisenberg
  • Published online:
    20 June 2024
    Print publication:
    27 June 2024
  • We often hear that there is no way out of the modern economic and political tensions that fall along geographic lines. The media regularly declares that rural America is dying and that rural voters are driven only by anger. This narrative of hopelessness centers on the role that markets have played in abandoning rural regions and populations. In Reviving Rural America, Ann M. Eisenberg analyzes our society's laws and policies' role in the urban/rural divide to make the case for hope. She demonstrates how law and policy, as well as decision-makers acting on their own subjective values, have contributed to modern rural challenges. Each chapter debunks a common myth about rural people, places, and policies, helping reveal how we got to where we are now. Ultimately calling for our laws and policies to steward rural America holistically, as a collective resource for all, this book envisions an alternative, more resilient and more just future.

Media and Society After Technological Disruption
  • Edited by Kyle Langvardt, Justin (Gus) Hurwitz
  • Published online:
    16 May 2024
    Print publication:
    23 May 2024
  • The internet has reshaped the media landscape and the social institutions built upon it. Competition from online media sources has decimated local journalism and diminished the twentieth century's established journalistic gatekeepers. Social media puts individual users front and center in the creation of the content that they consume. Harmful speech can spread further and faster, and the institutions responsible for policing that speech-Facebook, TikTok, YouTube and the like-lack any clear twentieth-century analog. The law is still working to catch up to the world these changes have wrought. This volume gathers sixteen scholars in law, media, technology, and history to consider these changes. Chapters explore the breakdown of trust in the media, changes in the law of defamation and privacy, challenges of online content moderation, and financial viability for journalistic enterprises in the internet age. This title is also available as Open Access on Cambridge Core.

How Government Built America
  • Sidney A. Shapiro, Joseph P. Tomain
  • Published online:
    08 May 2024
    Print publication:
    09 May 2024
  • How Government Built America challenges growing, anti-government rhetoric by highlighting the role government has played in partnering with markets to build the United States. Sidney A. Shapiro and Joseph P. Tomain explore how markets can harm and fail the country, and how the government has addressed these extremes by restoring essential values to benefit all citizens. Without denying that individualism and small government are part of the national DNA, the authors demonstrate how democracy and a people pursuing communal interests are equally important. In highly engaging prose, the authors describe how the government, despite the complexity of markets, remains engaged in promoting economic prosperity, protecting people, and providing an economic safety net. Each chapter focuses on a historical figure, from Lincoln to FDR to Trump, to illustrate how the government-market mix has evolved over time. By understanding this history, readers can turn the national conversation back to what combination of government and markets will best serve the country.

Litigating Judicial Selection
  • Herbert M. Kritzer
  • Published online:
    27 February 2024
    Print publication:
    16 May 2024
  • In the United States and elsewhere, the questions of who should serve as a judge and how these judges should be chosen are increasingly contested. In Litigating Judicial Selection, Herbert Kritzer examines these questions with a comprehensive analysis of judicial-selection litigation over time and place. With a data set of over 2,000 cases from around the world, Kritzer offers new insight into the judicial selection by way of in-depth statistical analysis and an extensive narrative description of several important case studies. This book should be read by anyone seeking insight into the way judges are selected in the twenty-first century.

ERISA Principles
  • Peter J. Wiedenbeck, Brendan S. Maher
  • Published online:
    15 February 2024
    Print publication:
    22 February 2024
  • ERISA, the detailed and technical amalgam of labor law, trust law, and tax law, directly governs trillions of dollars spent on retirement savings, health care, and other important benefits for more than 100 million Americans. Despite playing this central role in the US economy and social insurance systems, the complexities of ERISA are often understood by only a few specialists. ERISA Principles elucidates employee benefit law from a policy perspective, concisely explaining how common themes apply across a wide range of benefit plans and factual contexts. The book's non-technical language and cross-cutting conceptual organization reveal latent similarities and rationalize differences between the regulatory treatment of apparently disparate programs, including traditional pensions, 401(k), and health care plans. Important legal developments - whether statutory, judicial, or administrative - are framed and analyzed in an accessible, principles-centric manner, explaining how ERISA functions as a coherent whole.

Drugs, Money, and Secret Handshakes
  • The Unstoppable Growth of Prescription Drug Prices
  • Robin Feldman
  • Published online:
    06 December 2023
    Print publication:
    16 November 2023
  • In the warped world of prescription drug pricing, generic drugs can cost more than branded ones, old drugs can be relaunched at astronomical prices, and low-cost options are shut out of the market. In Drugs, Money and Secret Handshakes, Robin Feldman shines a light into the dark corners of the pharmaceutical industry to expose a web of shadowy deals in which higher-priced drugs receive favorable treatment and patients are channeled toward the most expensive medicines. At the center of this web are the highly secretive middle players who establish coverage levels for patients and negotiate with drug companies. By offering lucrative payments to these middle players (as well as to doctors and hospitals), drug companies ensure that inexpensive drugs never gain traction. This system of perverse incentives has delivered the kind of exorbitant drug prices - and profits - that everyone loves except for those who pay the bills.

High Crimes and Misdemeanors
  • A History of Impeachment for the Age of Trump
  • 2nd edition
  • Frank O. Bowman III
  • Published online:
    23 November 2023
    Print publication:
    30 November 2023
  • This indispensable work traces impeachment from its bloody origins in medieval England, to its adoption in the Constitution, and through 250 years of American experience culminating in the two impeachments of Donald Trump. Frank O. Bowman III tells the stories, human and political, of nobles, commoners, colonists, judges, legislators, cabinet officers, and Presidents who have faced impeachment. He demonstrates that the practice was designed to be a flexible tool, informed by history, and adaptable to the needs of any age. The first edition was read by Democrats and Republicans and cited extensively by the advocates in both Trump impeachments. In this second edition, Bowman expands the first edition's deep historical and constitutional analysis. He also draws on his involvement in both Trump impeachments as a congressional consultant and frequent commentator, to assess Trump's aberrant presidency, his impeachments, and whether impeachment remains a useful tool against an overreaching president.

The Turn to Process
  • American Legal, Political, and Economic Thought, 1870–1970
  • Kunal M. Parker
  • Published online:
    02 November 2023
    Print publication:
    16 November 2023
  • In The Turn to Process, Kunal M. Parker explores the massive reorientation of American legal, political, and economic thinking between 1870 and 1970. Over this period, American conceptions of law, democracy, and markets went from being oriented around truths, ends, and foundations to being oriented around methods, processes, and techniques. No longer viewed as founded in justice and morality, law became a way of doing things centered around legal procedure. Shedding its foundations in the 'people,' democracy became a technique of governance consisting of an endless process of interacting groups. Liberating themselves from the truths of labor, markets and market actors became intellectual and political techniques without necessary grounding in the reality of human behavior. Contrasting nineteenth and twentieth century legal, political, and economic thought, this book situates this transformation in the philosophical crisis of modernism and the rise of the administrative state.

Feminist Judgments: Immigration Law Opinions Rewritten
  • Edited by Kathleen Kim, Kevin Lapp, Jennifer Lee
  • Published online:
    19 October 2023
    Print publication:
    02 November 2023
  • This volume, part of the Feminist Judgment Series, shows how feminist legal theory along with critical race theory and intersectional modes of critique might transform immigration law. Here, a diverse collection of scholars and lawyers bring critical feminist, race, and intersectional insights to Supreme Court opinions. Feminist reasoning values the perspectives of outsiders, exposes the deep-rooted bias in the legal opinions of courts, and illuminates the effects of ostensibly neutral policies that create and maintain oppression and hierarchy. One by one, the chapters reimagine the norms that drive immigration policies and practices. In place of discrimination and subordination, the authors demand welcome and equality. Where current law omits the voice and stories of noncitizens, the authors center their lives and experiences. Collectively, they reveal how a feminist vision of immigration law could center a commitment to equality and justice and foster a country where diverse newcomers readily flourish with dignity.

The Taft Court
  • Making Law for a Divided Nation, 1921–1930
  • Volume 10
  • Robert C. Post
  • Published online:
    19 October 2023
    Print publication:
    09 November 2023
  • The Taft Court offers the definitive history of the Supreme Court from 1921 to 1930 when William Howard Taft was Chief Justice. Using untapped archival material, Robert C. Post engagingly recounts the ambivalent effort to create a modern American administrative state out of the institutional innovations of World War I. He shows how the Court sought to establish authoritative forms of constitutional interpretation despite the culture wars that enveloped prohibition and pervasive labor unrest. He explores in great detail how constitutional law responds to altered circumstances. The work provides comprehensive portraits of seminal figures such as Oliver Wendell Holmes Jr. and Louis Dembitz Brandeis. It describes William Howard Taft's many judicial reforms and his profound alteration of the role of Chief Justice. A critical and timely contribution, The Taft Court sheds light on jurisprudential debates that are just as relevant today as they were a century ago.

Thresholds of Accusation
  • Law and Colonial Order in Canada
  • George Pavlich
  • Published online:
    14 September 2023
    Print publication:
    28 September 2023
  • This critical socio-legal history probes pretrial accusations through which colonial criminal law forged social orders for settler-colonialism across western Canada, focusing on Alberta, 1874–1884. Following military intelligence, a Northwest Mounted Police force was established to compel Dominion law. That force began by deploying accusatory theatres to receive information about crimes, arrest suspects, and decide via preliminary examination who to send to trial. George Pavlich draws on exemplary performances of colonial accusation to show how police officers and justices of the peace translated local social lore into criminal law. These performances reflected intersecting powers of sovereignty, disciplinarily, and biopolitics; they held accused individuals legally culpable for crimes and obscured social upheavals that settlers brought. Reflecting on colonial legacies within today's vast and unequal criminalizing institutions, this book proposes that we seek new forms of accusation and legality, learning from Indigenous laws that tackle individual and collective responsibilities for societal disquiet.

The Law of Freedom
  • The Supreme Court and Democracy
  • Jacob Eisler
  • Published online:
    06 July 2023
    Print publication:
    20 July 2023
  • The Supreme Court has been at the center of great upheavals in American democracy across the last seventy years. From the end of Jim Crow to the rise of wealth-dominated national campaigns, the Court has battled over if democracy is an egalitarian collaboration to serve the good of all citizens, or a competitive struggle by private interests. In The Law of Freedom, Jacob Eisler questions why the Court has the moral authority to shape democracy at all. Analyzing leading cases through the lens of philosophy and social science, Eisler demonstrates how the soul of election law is a battle between two philosophical understandings of democratic freedom and popular self-rule. This remarkable book reveals that the Court's battle over democracy has shaped how Americans rule themselves, marking election law as the most dramatic judicial intervention in constitutional history.

Privatization and Its Discontents
  • Infrastructure, Law, and American Democracy
  • Matthew Titolo
  • Published online:
    08 June 2023
    Print publication:
    22 June 2023
  • In Privatization and Its Discontents, Matthew Titolo situates the contemporary debate over infrastructure in the long history of public–private governance in the United States. Titolo begins with Adam Smith's arguments about public works and explores debates over internal improvements in the early republic, moving to the twentieth-century regulatory state and public-interest liberalism that created vast infrastructure programs. While Americans have always agreed that creation and oversight of 'infrastructure' is a proper public function, Titolo demonstrates that public–private governance has been a highly contested practice throughout American history. Public goods are typically provided with both government and private actors involved, resulting in an ideological battle over the proper scope of the government sphere and its relationship to private interests. The course of that debate reveals that 'public' and 'private' have no inherent or natural content. These concepts are instead necessarily political and must be set through socially negotiated compromise.

Constitutional Contagion
  • COVID, the Courts, and Public Health
  • Wendy E. Parmet
  • Published online:
    18 May 2023
    Print publication:
    01 June 2023
  • Constitutional law has helped make Americans unhealthy. Drawing from law, history, political theory, and public health research, Constitutional Contagion explores the history of public health laws, the nature of liberty and individual rights, and the forces that make a nation more or less vulnerable to contagion. In this groundbreaking work, Wendy Parmet documents how the Supreme Court departed from past practice to stymie efforts to mitigate the COVID-19 pandemic and demonstrates how pre-pandemic court decisions helped to shatter social contracts, weaken democracy, and perpetuate the inequities that made the United States especially vulnerable when COVID-19 struck. Looking at judicial decisions from an earlier era, Parmet argues that the Constitution does not compel the stark individualism and disregard of public health that is evident in contemporary constitutional law decisions. Parmet shows us why, if we are to be a healthy nation, constitutional law must change.

Managed Dissent
  • The Law of Public Protest
  • Timothy Zick
  • Published online:
    04 May 2023
    Print publication:
    11 May 2023
  • The mass street demonstrations that followed the 2020 police murder of George Floyd were perhaps the largest in American history. These events confirmed that even in a digital era, people rely on public dissent to communicate grievances, change public discourse, and stand in collective solidarity with others. However, the demonstrations also showed that the laws surrounding public protest make public contention more dangerous, more costly, and less effective. Police fired tear gas into peaceful crowds, used physical force against compliant demonstrators, imposed broad curfews, limited the places where protesters could assemble, and abused 'unlawful assembly' and other public disorder laws. These and other pathologies epitomize a system in which public protest is tightly constrained in the name of public order. Managed Dissent argues that in order to preserve the venerable tradition of public protest in the US, we must reform several aspects of the law of public protest.

Feminist Judgments: Corporate Law Rewritten
  • Edited by Anne M. Choike, Usha R. Rodrigues, Kelli Alces Williams
  • Published online:
    15 January 2023
    Print publication:
    05 January 2023
  • Corporate law has traditionally assumed that men organize business, men profit from it, and men bring cases in front of male judges when disputes arise. It overlooks or forgets that women are dealmakers, shareholders, stakeholders, and businesspeople too. This lack of inclusivity in corporate law has profound effects on all of society, not only on women's lives and livelihoods. This volume takes up the challenge to imagine how corporate law might look if we valued not only women and other marginalized groups, but also a feminist perspective emphasizing the importance of power dynamics, equity, community, and diversity in corporate law. Prominent lawyers and legal scholars rewrite foundational corporate law cases, and also provide accompanying commentary that situates each opinion in context, explains the feminist theories applied, and explores the impact the rewritten opinion might have had on the development of corporate law, business, and society.

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