All Americans, liberal or conservative, religious or not, can agree that religious freedom, anchored in conscience rights, is foundational to the U.S. democratic experiment. But what freedom of conscience means, what its scope and limits are, according to the Constitution—these are matters for heated debate. At a moment when such questions loom ever larger in the nation’s contentious politics and fraught policy-making process, this timely book offers invaluable historical, empirical, philo...

Religious-liberty lawyer Asma Uddin has long considered her work defending people of all faiths to be a calling more than a job. Yet even as she seeks equal protection for Evangelicals, Sikhs, Hindus, Muslims, Native Americans, Jews, and Catholics alike, she has seen an ominous increase in attempts to criminalize Islam and exclude American Muslims from their inalienable rights. Somehow, the view that Muslims aren’t human enough for human rights or constitutional protections is moving from ...

On Liberty is the English philosopher John Stuart Mill's classic critique of the ethical limits of governmental authority, and remains one of the most influential philosophical treatises ever written. In this 1859 philosophical treatise, the concept of personal liberty went without codification until the publication of this enduring work which applies an ethical system of utilitarianism to society and the state which to this day remains well known and studied. Mill starts ...

A scathing critique of the two-tiered system of justice that has emerged in America that sanctions immunity at the top and mercilessness for everyone else."The most important voice to have entered the political discourse in years." —Bill MoyersThe founding principle of the United States was that the rule of law would be the great equalizer in American life, the guarantor of a common set of rules for all. But over the past four decades, this...

In May 1787, in an atmosphere of crisis, delegates met in Philadelphia to design a radically new form of government. Distinguished historian Richard Beeman captures as never before the dynamic of the debate and the characters of the men who labored that historic summer. Virtually all of the issues in dispute—the extent of presidential power, the nature of federalism, and, most explosive of all, the role of slavery—have continued to provoke conflict throughout our nation's history. This unp...

The classic "compelling defense of free speech against its new enemies" now in an expanded edition with a foreword by George F. Will ( Kirkus Reviews)."A liberal society stands on the proposition that we should all take seriously the idea that we might be wrong. This means we must place no one, including ourselves, beyond the reach of criticism; it means that we must allow people to err, even where the error offends and upsets, as it often will." So writes ...

The Anishinabek Nation's legal traditions are deeply embedded in many aspects of customary life. In Drawing Out Law, John Borrows (Kegedonce) skillfully juxtaposes Canadian legal policy and practice with the more broadly defined Anishinabek perception of law as it applies to community life, nature, and individuals.This innovative work combines fictional and non-fictional elements in a series of connected short stories that symbolize different ways of Anishinabek engagement...

Unlike many national constitutions, which contain explicit positive rights to such things as education, a living wage, and a healthful environment, the U.S. Bill of Rights appears to contain only a long list of prohibitions on government. American constitutional rights, we are often told, protect people only from an overbearing government, but give no explicit guarantees of governmental help. Looking for Rights in All the Wrong Places argues that we have fundamentally misunderstoo...

This is a book about dictatorship and democracy. Its treatment of these two patterns of government is not conventional. Instead of setting the one against the other, it proposes to demonstrate how the institutions and methods of dictatorship have been used by the freemen of the modern democracies during periods of severe national emergency. It is written in frank recognition of a dangerous but inescapable truth: "No form of government can survive that excludes dictatorship when the life of...

When the states ratified the Bill of Rights in the eighteenth century, the Fourth Amendment seemed straightforward. It requires that government respect the right of citizens to be "secure in their persons, houses, papers, and effects, against unreasonable searches and seizures." Of course, "papers and effects" are now digital and thus more vulnerable to government spying. But the biggest threat may be our own weakening resolve to preserve our privacy. In this potent new volume in Oxford's ...

Here, Philip Bobbitt studies the basis for the legitimacy of judicial review by examining six types of constitutional argument--historical, textual, structural, prudential doctrinal, and ethical--through the unusual method of contrasting sketches of prominent legal figures responding to the constitutional crises of their day.

Constitutions divide into those that provide for a constitutionally protected set of rights, where courts can strike down legislation, and those where rights are protected predominantly by parliament, where courts can interpret legislation to protect rights, but cannot strike down legislation. The UK's Human Rights Act 1998 is regarded as an example of a commonwealth model of rights protections. It is justified as a new form of protection of rights which promotes dialogue between the legis...