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Against PredictionProfiling, Policing, and Punishing in an Actuarial Age

Against Prediction: Profiling, Policing, and Punishing in an Actuarial Age

Bernard E. Harcourt

Published in print:
2006
Published Online:
March 2013
ISBN:
9780226316130
eISBN:
9780226315997
Item type:
book
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226315997.001.0001
Subject:
Law, Constitutional and Administrative Law

From random security checks at airports to the use of risk assessment in sentencing, actuarial methods are being used more than ever to determine whom law enforcement officials target and punish. And ... More

A Community Built on WordsThe Constitution in History and Politics

A Community Built on Words: The Constitution in History and Politics

H. Jefferson Powell

Published in print:
2002
Published Online:
March 2013
ISBN:
9780226677231
eISBN:
9780226677224
Item type:
book
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226677224.001.0001
Subject:
Law, Constitutional and Administrative Law

This book offers a powerful new approach to one of the central issues in American constitutional thinking today: the problem of constitutional law's historicity, or the many ways in which ... More

Confident PluralismSurviving and Thriving through Deep Difference

Confident Pluralism: Surviving and Thriving through Deep Difference

John D. Inazu

Published in print:
2016
Published Online:
January 2017
ISBN:
9780226365459
eISBN:
9780226365596
Item type:
book
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226365596.001.0001
Subject:
Law, Constitutional and Administrative Law

Confident Pluralism argues that we can and must live together peaceably in spite of deep and sometimes irresolvable differences over politics, religion, sexuality, and other important matters. We can ... More

Constitutional ConscienceThe Moral Dimension of Judicial Decision

Constitutional Conscience: The Moral Dimension of Judicial Decision

H. Jefferson Powell

Published in print:
2008
Published Online:
March 2013
ISBN:
9780226677255
eISBN:
9780226677309
Item type:
book
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226677309.001.0001
Subject:
Law, Constitutional and Administrative Law

While many recent observers have accused American judges—especially Supreme Court justices—of being too driven by politics and ideology, others have argued that judges are justified in using their ... More

The Death of the American Trial

The Death of the American Trial

Robert P. Burns

Published in print:
2009
Published Online:
March 2013
ISBN:
9780226081267
eISBN:
9780226081281
Item type:
book
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226081281.001.0001
Subject:
Law, Constitutional and Administrative Law

This book makes a case for reversing the rapid decline of the trial before we lose one of our public culture's greatest achievements. As a practice that is adapted for modern times yet rooted in ... More

The Democratic ConstitutionExperimentalism and Interpretation

The Democratic Constitution: Experimentalism and Interpretation

Brian E. Butler

Published in print:
2017
Published Online:
January 2018
ISBN:
9780226474502
eISBN:
9780226474649
Item type:
book
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226474649.001.0001
Subject:
Law, Constitutional and Administrative Law

This book takes the greatest democratic challenge for law to be the virtually unquestioned belief in the need for judicial supremacy in constitutional interpretation in order to protect society from ... More

Desperately Seeking CertaintyThe Misguided Quest for Constitutional Foundations

Desperately Seeking Certainty: The Misguided Quest for Constitutional Foundations

Daniel A. Farber and Suzanna Sherry

Published in print:
2002
Published Online:
March 2013
ISBN:
9780226238081
eISBN:
9780226238104
Item type:
book
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226238104.001.0001
Subject:
Law, Constitutional and Administrative Law

This book attacks the current legal vogue for grand unified theories of constitutional interpretation. On both the Right and the Left, prominent legal scholars are attempting to build all of ... More

Evidence of the LawProving Legal Claims

Evidence of the Law: Proving Legal Claims

Gary Lawson

Published in print:
2017
Published Online:
September 2017
ISBN:
9780226432052
eISBN:
9780226432199
Item type:
book
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226432199.001.0001
Subject:
Law, Constitutional and Administrative Law

This is a book about the general structure of proof, how law sometimes recognizes that structure, how it often does not, and what might happen if legal scholars, jurists, and lawyers think about that ... More

Free Expression and Democracy in AmericaA History

Free Expression and Democracy in America: A History

Stephen M. Feldman

Published in print:
2008
Published Online:
March 2013
ISBN:
9780226240664
eISBN:
9780226240749
Item type:
book
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226240749.001.0001
Subject:
Law, Constitutional and Administrative Law

From the 1798 Sedition Act to the war on terror, numerous presidents, members of Congress, Supreme Court justices, and local officials have endorsed the silencing of free expression. If the ... More

The Gay Rights Question in Contemporary American Law

The Gay Rights Question in Contemporary American Law

Andrew Koppelman

Published in print:
2002
Published Online:
March 2013
ISBN:
9780226451008
eISBN:
9780226451039
Item type:
book
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226451039.001.0001
Subject:
Law, Constitutional and Administrative Law

The gay rights question asks whether the second-class legal status of gay people should be changed. This book shows the powerful legal and moral case for gay equality, but argues that courts cannot ... More

The Grasping Hand'Kelo v. City of New London' and the Limits of Eminent Domain

The Grasping Hand: 'Kelo v. City of New London' and the Limits of Eminent Domain

Ilya Somin

Published in print:
2016
Published Online:
September 2017
ISBN:
9780226422169
eISBN:
9780226456829
Item type:
book
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226456829.001.0001
Subject:
Law, Constitutional and Administrative Law

In Kelo v. City of New London (2005), the Supreme Court ruled that government can take private property and give it to another private owner in order to promote “economic development,” even though ... More

The Grasping Hand"Kelo v. City of New London" and the Limits of Eminent Domain

The Grasping Hand: "Kelo v. City of New London" and the Limits of Eminent Domain

Ilya Somin

Published in print:
2015
Published Online:
May 2016
ISBN:
9780226256603
eISBN:
9780226256740
Item type:
book
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226256740.001.0001
Subject:
Law, Constitutional and Administrative Law

In Kelo v. City of New London (2005), the Supreme Court ruled that government can take private property and give it to another private owner in order to promote “economic development,” even though ... More

Habeas for the Twenty-First CenturyUses, Abuses, and the Future of the Great Writ

Habeas for the Twenty-First Century: Uses, Abuses, and the Future of the Great Writ

Nancy J. King and Joseph L. Hoffmann

Published in print:
2011
Published Online:
March 2013
ISBN:
9780226436975
eISBN:
9780226436968
Item type:
book
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226436968.001.0001
Subject:
Law, Constitutional and Administrative Law

For centuries, the writ of habeas corpus has served as an important safeguard against miscarriages of justice, and today it remains at the center of some of the most contentious issues of our ... More

The Judicial Power of the PurseHow Courts Fund National Defense in Times of Crisis

The Judicial Power of the Purse: How Courts Fund National Defense in Times of Crisis

Nancy Staudt

Published in print:
2011
Published Online:
March 2013
ISBN:
9780226771120
eISBN:
9780226771151
Item type:
book
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226771151.001.0001
Subject:
Law, Constitutional and Administrative Law

Congress and the president are not the only branches that deal with fiscal issues in times of war. This book focuses on the role of federal courts in fiscal matters during warfare and high-cost ... More

The Language of StatutesLaws and Their Interpretation

The Language of Statutes: Laws and Their Interpretation

Lawrence M. Solan

Published in print:
2010
Published Online:
March 2013
ISBN:
9780226767963
eISBN:
9780226767987
Item type:
book
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226767987.001.0001
Subject:
Law, Constitutional and Administrative Law

Pulling the rug out from debates about interpretation, this book joins together learning from law, linguistics, and cognitive science to illuminate the fundamental issues and problems in this highly ... More

Learning to Love Form 1040Two Cheers for the Return-Based Mass Income Tax

Learning to Love Form 1040: Two Cheers for the Return-Based Mass Income Tax

Lawrence Zelenak

Published in print:
2013
Published Online:
September 2013
ISBN:
9780226018928
eISBN:
9780226019086
Item type:
book
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226019086.001.0001
Subject:
Law, Constitutional and Administrative Law

No one likes paying taxes, much less the process of filing tax returns. For years, would-be reformers have advocated replacing the return-based mass income tax with a flat tax, federal sales tax, or ... More

Madison's NightmareHow Executive Power Threatens American Democracy

Madison's Nightmare: How Executive Power Threatens American Democracy

Peter M. Shane

Published in print:
2009
Published Online:
March 2013
ISBN:
9780226749396
eISBN:
9780226749426
Item type:
book
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226749426.001.0001
Subject:
Law, Constitutional and Administrative Law

The George W. Bush administration's ambitious claims of unilateral executive authority raised deep concerns among constitutional scholars, civil libertarians, and ordinary citizens alike. But Bush's ... More

The Nature of Legal InterpretationWhat Jurists Can Learn about Legal Interpretation from Linguistics and Philosophy

The Nature of Legal Interpretation: What Jurists Can Learn about Legal Interpretation from Linguistics and Philosophy

Brian G. Slocum (ed.)

Published in print:
2017
Published Online:
January 2018
ISBN:
9780226445021
eISBN:
9780226445168
Item type:
book
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226445168.001.0001
Subject:
Law, Constitutional and Administrative Law

Language shapes and reflects how we think about the world. It engages and intrigues us. Our everyday use of language is quite effortless — we are all experts on our native tongues. Despite this, ... More

Polyphonic FederalismToward the Protection of Fundamental Rights

Polyphonic Federalism: Toward the Protection of Fundamental Rights

Robert A. Schapiro

Published in print:
2009
Published Online:
March 2013
ISBN:
9780226736624
eISBN:
9780226736648
Item type:
book
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226736648.001.0001
Subject:
Law, Constitutional and Administrative Law

The relationship between the states and the national government is among the most contested issues in the United States. And questions about where power should reside, how decisions should be made, ... More

The Powers of War and PeaceThe Constitution and Foreign Affairs after 9/11

The Powers of War and Peace: The Constitution and Foreign Affairs after 9/11

John Yoo

Published in print:
2005
Published Online:
March 2013
ISBN:
9780226960319
eISBN:
9780226960333
Item type:
book
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226960333.001.0001
Subject:
Law, Constitutional and Administrative Law

Since the September 11 attacks on the United States, the Bush administration has come under fire for its methods of combating terrorism. Waging war against al Qaeda has proven to be a legal quagmire, ... More

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