Main description: The noted legal scholar Richard Epstein advocates a much smaller federal government, arguing that our over-regulated state gives too much discretion to regulators, which results in arbitrary, unfair decisions and other abuses. Epstein bases his classical libera…
Main description: Greene argues that citizens are not morally obligated to obey the law and that officials need not follow prior or higher authority when reading the Constitution. The sources of authority in a liberal democracy are multiple-the law must compete with other norms.…
Breaking new ground in scholarship, Niraja Jayal writes the first history of citizenship in the largest democracy in the world--India. Unlike the mature democracies of the west, India began as a true republic of equals with a complex architecture of citizenship rights that was s…
Every liberal democracy has laws or codes against hate speech--except the United States. For constitutionalists, regulation of hate speech violates the First Amendment and damages a free society. Against this absolutist view, Jeremy Waldron argues powerfully that hate speech sho…
Main description: Originalism and living constitutionalism, so often understood to be diametrically opposing views of our nation's founding document, are not in conflict-they are compatible. So argues Jack Balkin, one of the leading constitutional scholars of our time, in this l…
It was Nietzsche himself who originated the expression "the genius of justice"; as his affirmation that he valued this form of genius at least as greatly as any other. Recent years have witnessed a renewed focus on the problem of justice in Nietzsche not seen since the publicati…
Addressing a host of hot-button issues, from the barring of Christian student groups and military recruiters from law schools and universities to churches' immunity from civil rights legislation in hiring and firing ministers, Paul Horwitz proposes a radical reformation of First…
Cass and Hylton explain how technological advances strengthen the case for intellectual property laws, and argue convincingly that IP laws help create a wealthier, more successful, more innovative society than alternative legal systems. Ignoring the social value of IP rights and…
Fleming and McClain defend a civic liberalism that takes seriously not just rights but responsibilities and virtues. Issues taken up include same-sex marriage, reproductive freedom, regulation of civil society and the family, education of children, and clashes between First Amen…
Every day, corporations are connecting the dots about our personal behavior—silently scrutinizing clues left behind by our work habits and Internet use. But who connects the dots about what firms are doing with all this information? Frank Pasquale exposes how powerful interests …
After decades of professional dissatisfaction and legislative debate, the Congress in 1976 passed a new copyright act to replace the Copyright Act of 1909. In this book, the author focuses upon the meaning of the "exclusive rights" Constitutional language where writers are conce…
by Ardant, Philippe, Chiu, Hungdah, Cohen, Jerome Alan, Draper, G. I. A. D., Ginsburgs, George, Hsiao, Gene T., Hsiung, James C., Leng, Shao-chuan, Pinkele, Carl, Sik, Ko Swan, Verbit, Gilbert P., Weng, Byron S. J.
fromHarvard studies in East Asian law
