Cover -- Half-title -- Title -- Copyright -- Acknowledgments -- Introduction -- Chapter 1. The "Natural Elevation" of Equity: Quasi-Inquisitorial Procedure and the Early Nineteenth-Century Resurgence of Equity -- Chapter 2. A Troubled Inheritance: The English Procedural Tradition and Its Lawyer- Driven Reconfiguration in Early Nineteenth-Century New York -- Chapter 3. The Non-Revolutionary Field Code: Democratization, Docket Pressures, and Codification -- Chapter 4. Cultural Foundations of American Adversarialism: Civic Republicanism and the Decline of Equity's Quasi-Inquisitorial Tradition -- Chapter 5. Market Freedom and Adversarial Adjudication: The Nineteenth-Century American Debates over (European) Conciliation Courts and the Problem of Procedural Ordering -- Chapter 6. The Freedmen's Bureau Exception: The Triumph of Due (Adversarial) Process and the Dawn of Jim Crow -- Conclusion. The Question of American Exceptionalism and the Lessons of History -- Appendix. An Overview of the Archives -- Notes -- Index -- A -- B -- C -- D -- E -- F -- G -- H -- I -- J -- K -- L -- M -- N -- O -- P -- Q -- R -- S -- T -- U -- V -- W -- Y -- Z

From Gerald Ford's preemptive pardon of Richard Nixon and Donald Trump's claims that as president he could pardon himself to the posthumous royal pardon of Alan Turing, the power of the pardon has a powerful hold on the political and cultural imagination. In Theaters of Pardoning, Bernadette Meyler traces the roots of contemporary understandings of pardoning to tragicomic "theaters of pardoning" in the drama and politics of seventeenth-century England. Shifts in how pardoning was represented on the stage and discussed in political tracts and in Parliament reflected the transition from a more monarchical and judgment-focused form of the concept to an increasingly parliamentary and legislative vision of sovereignty. Meyler shows that on the English stage, individual pardons of revenge subtly transformed into more sweeping pardons of revolution, from Shakespeare's Measure for Measure, where a series of final pardons interrupts what might otherwise have been a cycle of revenge, to later works like John Ford's The Laws of Candy and Philip Massinger's The Bondman, in which the exercise of mercy prevents the overturn of the state itself. In the political arena, the pardon as a right of kingship evolved into a legal concept, culminating in the idea of a general amnesty, the "Act of Oblivion," for actions taken during the English Civil War. Reconceiving pardoning as law-giving effectively displaced sovereignty from king to legislature, a shift that continues to attract suspicion about the exercise of pardoning. Only by breaking the connection between pardoning and sovereignty that was cemented in seventeenth-century England, Meyler concludes, can we reinvigorate the pardon as a democratic practice.

American public schools often censor controversial student speech that the Constitution protects. Lessons in Censorship brings clarity to a bewildering array of court rulings that define the speech rights of young citizens in the school setting. Catherine J. Ross examines disputes that have erupted in our schools and courts over the civil rights movement, war and peace, rights for LGBTs, abortion, immigration, evangelical proselytizing, and the Confederate flag. She argues that the failure of schools to respect civil liberties betrays their educational mission and threatens democracy. From the 1940s through the Warren years, the Supreme Court celebrated free expression and emphasized the role of schools in cultivating liberty. But the Burger, Rehnquist, and Roberts courts retreated from that vision, curtailing certain categories of student speech in the name of order and authority. Drawing on hundreds of lower court decisions, Ross shows how some judges either misunderstand the law or decline to rein in censorship that is clearly unconstitutional, and she powerfully demonstrates the continuing vitality of the Supreme Court’s initial affirmation of students’ expressive rights. Placing these battles in their social and historical context, Ross introduces us to the young protesters, journalists, and artists at the center of these stories. Lessons in Censorship highlights the troubling and growing tendency of schools to clamp down on off-campus speech such as texting and sexting and reveals how well-intentioned measures to counter verbal bullying and hate speech may impinge on free speech. Throughout, Ross proposes ways to protect free expression without disrupting education.

A briefing before the United States Commission on Civil Rights, held in Washington, D.C., June 16, 2006.

This state-of-the-art Research Handbook provides an overview of research into, and the scope of current thinking in, the field of big data analytics and the law. It contains a wealth of information to survey the issues surrounding big data analytics in legal settings, as well as legal issues concerning the application of big data techniques in different domains.

Nineteenth-century scientist David Starr Jordan built one of the most important fish specimen collections ever seen, until the 1906 San Francisco earthquake shattered his life's work.

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.

An important discussion of philosophical issues surrounding consent to sexual relations.

Just how tough are the country's most prestigious law schools? Most alumni would answer with stories of humiliating "Socratic dialogue failures" in the classroom and all-night, caffeine-fueled cram sessions. Until now, the traditional concept of the law-school experience was the one presented in Scott Turow's One-L, published in 1977, a dark description of his first year at Harvard Law School. Twenty-four years later things have definitely changed. Turow's book became the accepted primer--and warning--for aspiring law students, giving them a glimpse of what awaited: grueling nonstop study, brutally competitive classes, endless research, and unfathomable terminology. It described a draconian prison and endless work in the company of equally obsessive, desperate fellow students. Yet, sidestepping terror and intimidation, law students (and new authors) Robert Byrnes and Jaime Marquart entered highly prestigious law schools, did things their own way, earned law degrees, and were hired by a Los Angeles law firm, turning Turow's vision upside down. In their parallel narratives--two twisted, hilarious, blighted, and glorious coming-of-age stories--Byrnes and Marquart explain how they managed to graduate while spending most of their time in the pursuit of pleasure. Byrnes went to Stanford to reinvent himself--after a false start in politics he wanted to explore the life of the mind. It took him virtually no time to discover that the law was neither particularly intriguing nor particularly challenging. He could play around the clock. When Byrnes wasn't biking he was getting drunk and smoking crack. Finding himself when he discovered the right woman, Byrnes finally moved to Los Angeles during his third year and flew upstate only to take final exams. Born and raised in a small town in Texas, Marquart had never lived outside the state before arriving at Harvard. Amazed at his own good luck, he approached school with all due diligence. Disenchantment followed shortly thereafter, and Marquart learned he needn't be intimidated by his classmates and teachers. With a mysterious and bizarre companion--another student called the Kankoos--Jaime took up traveling but devoted most of his energy (and considerable money) to gambling, counting cards in casinos around the country. Irreverent, funny, and downright shocking, Brush with the Law will inspire undergraduates to bone up for the entrance exam, while outraging lawyers and the admissions officers of their beloved alma maters. Upon realizing how easy it was to get good grades, Jaime relates: "I approached my second year with [one] goal . . . take classes that required the least amount of work and the least amount of attendance . . . To accomplish my . . . goal, I devised The System, a short instruction manual on the principles behind selecting and ditching law school classes. The System's goal was to screw off as much as possible, with few if any consequences." --from Brush with the Law

The Law of Democracy offers a systematic exploration of the legal construction of American democracy. The book brings together a cluster of issues in law regulating the design of democratic institutions, and the book employs a variety of methods - historical, comparative, theoretical, doctrinal - to explore foundational questions in the theory and practice of democracy. Covered issues include the historical development of the individual right to vote; current struggles over racial gerrymandering; the relationship of the state to political parties; the constitutional and policy issues surrounding campaign-finance reform; and the tension between majority rule and fair representation of minorities in democratic bodies.