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Americans of all political persuasions fear that “free speech” is under attack. This may seem strange at a time when legal protections for free expression remain strong and overt government censorship minimal. Yet a range of political, economic, social, and technological developments have raised profound challenges for how we manage speech. New threats to political discourse are mounting—from the rise of authoritarian populism and national security secrecy to the decline of print journalism and public trust in experts to the “fake news,” trolling, and increasingly subtle modes of surveillance made possible by digital technologies. The Perilous Public Square brings together leading thinkers to identify and investigate today’s multifaceted threats to free expression. They go beyond the campus and the courthouse to pinpoint key structural changes in the means of mass communication and forms of global capitalism. Beginning with Tim Wu’s inquiry into whether the First Amendment is obsolete, Matthew Connelly, Jack Goldsmith, Kate Klonick, Frederick Schauer, Olivier Sylvain, and Heather Whitney explore ways to address these dangers and preserve the essential features of a healthy democracy. Their conversations with other leading thinkers, including Danielle Keats Citron, Jelani Cobb, Frank Pasquale, Geoffrey R. Stone, Rebecca Tushnet, and Kirsten Weld, cross the disciplinary boundaries of First Amendment law, internet law, media policy, journalism, legal history, and legal theory, offering fresh perspectives on fortifying the speech system and reinvigorating the public square.
Jill Elaine Hasday's Intimate Lies and the Law won the Scribes Book Award from the American Society of Legal Writers "for the best work of legal scholarship published during the previous year" and the Foreword INDIES Book of the Year Award for Family and Relationships. Intimacy and deception are often entangled. People deceive to lure someone into a relationship or to keep her there, to drain an intimate's bank account or to use her to acquire government benefits, to control an intimate or to resist domination, or to capture myriad other advantages. No subject is immune from deception in dating, sex, marriage, and family life. Intimates can lie or otherwise intentionally mislead each other about anything and everything. Suppose you discover that an intimate has deceived you and inflicted severe-even life-altering-financial, physical, or emotional harm. After the initial shock and sadness, you might wonder whether the law will help you secure redress. But the legal system refuses to help most people deceived within an intimate relationship. Courts and legislatures have shielded this persistent and pervasive source of injury, routinely denying deceived intimates access to the remedies that are available for deceit in other contexts. Intimate Lies and the Law is the first book that systematically examines deception in intimate relationships and uncovers the hidden body of law governing this duplicity. Hasday argues that the law has placed too much emphasis on protecting intimate deceivers and too little importance on helping the people they deceive. The law can and should do more to recognize, prevent, and redress the injuries that intimate deception can inflict.
Containing the bulk of Morris Cohen's writings on the philosophy of law, this collection of essays features articles originally published in popular periodicals and law reviews during the early decades of this century. In his introduction to the Social and Moral Thought edition, Harry N. Rosenfield reviews Cohen's contributions to the philosophy of law and emphasizes Cohen's enormous influence, as a legal philosopher, on American law.
What influences decisions of the U.S. Supreme Court? For decades social scientists focused on the ideology of individual justices. Supreme Court Decision Making moves beyond this focus by exploring how justices are influenced by the distinctive features of courts as institutions and their place in the political system. Drawing on interpretive-historical institutionalism as well as rational choice theory, a group of leading scholars consider such factors as the influence of jurisprudence, the unique characteristics of supreme courts, the dynamics of coalition building, and the effects of social movements. The volume's distinguished contributors and broad range make it essential reading for those interested either in the Supreme Court or the nature of institutional politics. Original essays contributed by Lawrence Baum, Paul Brace, Elizabeth Bussiere, Cornell Clayton, Sue Davis, Charles Epp, Lee Epstein, Howard Gillman, Melinda Gann Hall, Ronald Kahn, Jack Knight, Forrest Maltzman, David O'Brien, Jeffrey Segal, Charles Sheldon, James Spriggs II, and Paul Wahlbeck.
xv, 302 pp. Originally published: Oxford: At the Clarendon Press, 1946. Compiled and edited by A.L. Goodhart and H.G. Hanbury, editors of the last four volumes of Holdsworth's History of English Law, this volume presents a selection of seventeen essays by the great legal scholar. Highlights from his long and prolific career, they address such topics as martial law, the English constitution, case law, equity, trusts, libel, law reporting, contracts and land law. "These essays tend to enlarge the mind and to stir the imagination. They are the work of one of the most distinguished of the great line of English legal historians." --Bernard L. Shientag, Columbia Law Review 47 (1947) 1255 WILLIAM S. HOLDSWORTH [1871-1944] was a professor of constitutional law at Cambridge from 1903-1908 and the Vinerian Professor of English Law at Oxford from 1922-1944. He is well-known for his monumental History of English Law (1st ed. 1908) and other works, such as Charles Dickens as a Legal Historian (1929) and Some Makers of English Law (1938). ARTHUR LEHMAN GOODHARD [1891-1978] was an American-born British academic jurist and lawyer. He was editor of the Cambridge Law Journal from 1921 to 1925, editor the Law Quarterly Review in 1926, a professor of jurisprudence at Oxford University from 1931-1951 and the first American to be the master of an Oxford College. HAROLD GREVILLE HANBURY [1898-1993] was a Fellow at Lincoln College, Oxford, from 1921-1949 and All Souls College, Oxford, from 1949-1964. His works include Modern Equity: Being the Principles of Equity (1935), The Principles of Agency (1952) and The Vinerian Chair and Legal Education (1958).