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  • Congress, the Supreme Court, and Religious Liberty

    The Case of City of Boerne v. Flores

    by J. Waltman ...
    Series series Philosophy and Religion (R0)
    In the case City of Boerne v. Flores, the Supreme Court struck down the Religious Freedom Restoration Act of 1993. Waltman offers the first book-length analysis of the act to show how this case contributes to an intense legal debate still ongoing today: Can and should the Supreme Court be the exclusive interpreter of the Constitution? ... Read more

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    by Alon Harel ...
    Series series Oxford Legal Philosophy
    Contemporary political and legal theory typically justifies the value of political and legal institutions on the grounds that such institutions bring about desirable outcomes - such as justice, security, and prosperity. In the popular imagination, however, many people seem to value public institutions for their own sake. The idea that political and legal institutions might be intrinsically ... Read more

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  • Amnesties, Pardons and Transitional Justice

    Spain's Pact of Forgetting

    by Roldan Jimeno ...
    Series series Transitional Justice
    In a consolidated democracy, amnesties and pardons do not sit well with equality and a separation of powers; however, these measures have proved useful in extreme circumstances, such as transitions from dictatorships to democracies, as has occurred in Greece, Portugal and Spain. Focusing on Spain, this book analyses the country's transition, from the antecedents from 1936 up to the present, within ... Read more

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  • General Principles of Law - The Role of the Judiciary

    Edited by Laura Pineschi ...
    Series series Law and Criminology (R0)
    This book examines the role played by domestic and international judges in the “flexibilization” of legal systems through general principles. It features revised papers that were presented at the Annual Conference of the European-American Consortium for Legal Education, held at the University of Parma, Italy, May 2014.This volume is organized in four sections, where the topic is mainly explored ... Read more

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  • Law and Government in England during the Long Eighteenth Century

    From Consent to Command

    by D. Lemmings ...
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    Over the long eighteenth century English governance was transformed by large adjustments to the legal instruments and processes of power. This book documents and analyzes these shifts and focuses upon the changing relations between legal authority and the English people. ... Read more

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  • War Crimes, Genocide, and Justice

    A Global History

    by D. Crowe ...
    Series series History (R0)
    In this sweeping, definitive work, historian David Crowe offers an unflinching account of the long and troubled history of genocide and war crimes. From ancient atrocities to more recent horrors, he traces their disturbing consistency but also the heroic efforts made to break seemingly intractable patterns of violence and retribution. ... Read more

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  • Patterns of Treaty Interpretation as Anti-Fragmentation Tools

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    Series series Law and Criminology (R0)
    This book investigates whether treaty interpretation at the ECtHR and WTO, which are sometimes perceived as promoting ‘self-contained’ regimes, could constitute a means for unifying international law, or, conversely, might exacerbate the fragmentation of international law. In this regard, the practice of the ICJ on treaty interpretation is used for comparison, since the ICJ has made the greatest ... Read more

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  • The American Legal System and Civic Engagement

    Why We All Should Think Like Lawyers

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    In recent years there has been a widely-recognized and serious lack of rational and civil public discussion about current issues. In The American Legal System and Civic Engagement, Manaster asserts that ordinary citizens can form their opinions on public issues more intelligently, confidently, and responsibly if they have some guidance on how to do it. Drawing from the tools and traditions of the ... Read more

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  • Justice for Victims of Crime

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    The essays in this volume consider issues at the intersection of freedom of expression and racial, cultural, and gender diversity. The claims of those whose cultures and beliefs differ from our own are no longer the exclusive province of diplomats, as the Danish newspaper that published cartoons ridiculing Mohammed quickly learned. Negotiating the claims of freedom of expression as they come into ... Read more

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  • The Strategic Use of International Law by the United Nations Security Council

    An Empirical Study

    Series series Law and Criminology (R0)
    The book offers insights on whether international law can shape the politics of the Security Council and conversely, the extent to which the latter contribute to the development of international law. By providing a systematic analysis of the quantity and quality of international legal instruments referred to in the text of resolutions, the book reconstructs patterns of the Security Council’s ... Read more

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  • The Right to Be Punished

    Modern Doctrinal Sentencing

    Series series Law and Criminology (R0)
    Does an offender have the right to be punished? "The right to be punished" may sound like an oxymoron, but it is not necessarily so. With the emergence of modern criminal law, the offender gained the right to be punished by rational criminal law rather than being lynched by an angry mob. The present-day offender may have the right to be punished by doctrinal sentencing rather than being subjected ... Read more

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