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New Electronic Resources
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Featured Titles for September 2017
Supreme Court Expansion of Presidential Power
Call Number: KF5053.F59 2017
Publication Date: 2017-07-28
In the fourth of the Federalist Papers, published in 1787, John Jay warned of absolute monarchs who "will often make war when their nations are to get nothing by it." More than two centuries later, are single executives making unilateral decisions any more trustworthy? And have the checks on executive power, so critical in the Founders' drafting of the Constitution, held? These are the questions Louis Fisher pursues in this book. By examining the executive actions of American presidents, particularly after World War II, Fisher reveals how the Supreme Court, through errors and abdications, has expanded presidential power in external affairs beyond constitutional boundaries—and damaged the nation's system of checks and balances.
Modernizing Legal Services in Common Law Countries
Call Number: K115.S69 2017
Publication Date: 2017-08-07
Most people understand that regulations have a direct bearing on their access to things such as clean air and water and safe working environments. However, in the United States, few people make the connection between how legal services are regulated and how difficult it is for them to access legal services. Indeed, on the question of affordable and accessible civil justice, the World Justice Project ranks the US 94th out of 113 countries, behind Albania, Belarus, Myanmar, and Russia.
The New Roberts Court, Donald Trump, and Our Failing Constitution
Call Number: JK275.F45 2017
Publication Date: 2017-07-13
This book traces the evolution of the constitutional order, explaining Donald Trump's election as a symptom of a degraded democratic-capitalist system. Beginning with the framers' vision of a balanced system--balanced between the public and private spheres, between government power and individual rights--the constitutional order evolved over two centuries until it reached its present stage, Democracy, Inc., in which corporations and billionaires wield herculean political power.
Alexander Hamilton and the Development of American Law
Call Number: KF363.H3B76 2017
Publication Date: 2017-08-25
In this analytical biography, Kate Elizabeth Brown recasts our understanding of Hamilton's political career, his policy achievements, and his significant role in the American founding by considering him first and foremost as a preeminent lawyer who applied law and legal arguments to accomplish his statecraft. In particular, Brown shows how Hamilton used inherited English legal principles to accomplish his policy goals, and how state and federal jurists adapted these Hamiltonian principles into a distinct, republican jurisprudence throughout the nineteenth century. When writing his authoritative commentary on the nature of federal constitutional power in The Federalist, Hamilton juxtaposed the British constitution with the new American one he helped to create; when proposing commercial, monetary, banking, administrative, or foreign policy in Washington's cabinet, he used legal arguments to justify his desired course of action. In short, lawyering, legal innovation, and common law permeated Alexander Hamilton's professional career. Re-examining Hamilton's post-war accomplishments through the lens of law, Brown demonstrates that Hamilton's much-studied political career, as well as his contributions to republican political science, cannot be fully understood without recognizing and investigating how Hamilton used Anglo-American legal principles to achieve these ends.
Call Number: KZ7230.A44 2017
Publication Date: 2017-06-16
This book demonstrates how, after many years of inactivity after the World War II tribunals, judges at the Yugoslav, Rwanda and Sierra Leone tribunals, and to a lesser extent the International Criminal Court, have seized the opportunity to develop international law on war crimes, crimes against humanity and genocide. Meernik and Aloisi argue that judges are motivated by a concern for human rights protection and the legacy of international criminal justice. They have progressively expanded the reach of international law to protect human rights and have used the power of their own words to condemn human rights atrocities. Judges have sentenced the guilty to lengthy and predictable terms in prison to provide justice, deterrence of future violations and even to advance peace and reconciliation.