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14 books match the query 'Federal'

cover of Antitrust Law, Second Edition

Antitrust Law, Second Edition

Richard A. Posner

University of Chicago Press, 2001

The definitive textbook of antitrust law

Antitrust Law was fundamental to redefining the field of antitrust law and it remains the definitive textbook for those teaching or learning the subject, Richard Posner's book has played a major role in transforming the field of antitrust law into a body of economically rational principles largely in accord with the ideas set forth in the first edition. Today's antitrust professionals may disagree on specific practices and rules, but most litigators, prosecutors, judges, and scholars agree that the primary goal of antitrust laws should be to promote economic welfare, and that economic theory should be used to determine how well business practices conform to that goal.

In this thoroughly revised edition, Posner explains the economic approach to new generations of lawyers and students.

"The antitrust laws are here to stay," Posner writes, "and the practical question is how to administer them better-more rationally, more accurately, more expeditiously, more efficiently." This fully revised classic will continue to be the standard work in the field.
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cover of Conservative Innovators: How States Are Challenging Federal Power

Conservative Innovators

How States Are Challenging Federal Power

Ben Merriman

University of Chicago Press, 2019

As American politics has become increasingly polarized, gridlock at the federal level has led to a greater reliance on state governments to get things done. But this arrangement depends a great deal on state cooperation, and not all state officials have chosen to cooperate. Some have opted for conflict with the federal government.

Conservative Innovators traces the activity of far-right conservatives in Kansas who have in the past decade used the powers of state-level offices to fight federal regulation on a range of topics from gun control to voting processes to Medicaid. Telling their story, Ben Merriman then expands the scope of the book to look at the tactics used by conservative state governments across the country to resist federal regulations, including coordinated lawsuits by state attorneys general, refusals to accept federal funds and spending mandates, and the creation of programs designed to restrict voting rights. Through this combination of state-initiated lawsuits and new administrative practices, these state officials weakened or halted major parts of the Obama Administration’s healthcare, environmental protection, and immigration agendas and eroded federal voting rights protections. Conservative Innovators argues that American federalism is entering a new, conflict-ridden era that will make state governments more important in American life than they have been at any time in the past century.
 
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cover of DOING THE RIGHT THING: Collective Action and Procedural Choice in the New Legislative Process

DOING THE RIGHT THING

Collective Action and Procedural Choice in the New Legislative Process

Lawrence Becker

The Ohio State University Press, 2005

Doing the Right Thing examines the use of extraordinary legislative procedures in four cases in the U.S. Congress to accomplish policy objectives that many political scientists would argue are impossible to achieve. It not only shows that Congress is capable of imposing parochial costs in favor of general benefits but it argues that Congress is able to do so in a variety of policy areas through the use of very different kinds of procedural mechanisms that are underappreciated.

The book opens by developing a theory of procedural choice to explain why Congress chooses to delegate in differing degrees in dealing with similar kinds of policy problems. The theory is then applied to four narrative case studies—military base closures, the Yucca Mountain Project, NAFTA, and the Tax Reform Act of 1986—that both show the variety of factors that impact procedural choice and highlight how our national legislature was able to “do the right thing.”

The book concludes by pointing to the variety of ways in which Congress will be confronted with similar policy problems in the coming years and offering some lessons from these cases about what kinds of procedures and policy outcomes we might expect. In short, Congress is remarkably adept at “doing the right thing,” even under difficult circumstances, but only when legislators are willing to manipulate procedures in all the necessary ways.

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cover of Emergency Presidential Power: From the Drafting of the Constitution to the War on Terror

Emergency Presidential Power

From the Drafting of the Constitution to the War on Terror

Chris Edelson; Foreword by Louis Fisher

University of Wisconsin Press, 2013

Can a U.S. president decide to hold suspected terrorists indefinitely without charges or secretly monitor telephone conversations and e-mails without a warrant in the interest of national security? Was the George W. Bush administration justified in authorizing waterboarding? Was President Obama justified in ordering the killing, without trial or hearing, of a U.S. citizen suspected of terrorist activity? Defining the scope and limits of emergency presidential power might seem easy—just turn to Article II of the Constitution. But as Chris Edelson shows, the reality is complicated. In times of crisis, presidents have frequently staked out claims to broad national security power. Ultimately it is up to the Congress, the courts, and the people to decide whether presidents are acting appropriately or have gone too far.
            Drawing on excerpts from the U.S. Constitution, Supreme Court opinions, Department of Justice memos, and other primary documents, Edelson weighs the various arguments that presidents have used to justify the expansive use of executive power in times of crisis. Emergency Presidential Power uses the historical record to evaluate and analyze presidential actions before and after the terrorist attacks of September 11, 2001. The choices of the twenty-first century, Edelson concludes, have pushed the boundaries of emergency presidential power in ways that may provide dangerous precedents for current and future commanders-in-chief.

Winner, Crader Family Book Prize in American Values, Department of History and Crader Family Endowment for American Values, Southeast Missouri State University

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cover of Fifty-Eight Lonely Men: Southern Federal Judges and School Desegregation

Fifty-Eight Lonely Men

Southern Federal Judges and School Desegregation

J. W. Peltason

University of Illinois Press, 1971

Originally published in 1961, this still timely book illustrates the role of the judiciary in the solution of a social and political problem. It is unequaled in its description of the plight of federal judges who are charged with carrying out the decisions of the Supreme Court against segregation but who are under constant pressure--social, political, and personal--to speak for the white South. Some have been ostracized by their communities as traitors; others have joined their state legislatures and local school boards in developing elaborate delay strategy to circumvent the Supreme Court's decisions. In his introduction to the first edition former Senator Paul H. Douglas wrote: ". . . a clear and comprehensive account of the legal struggles in the federal courts over segregation and desegregation in the public schools of the nation. It gets behind the newspaper headlines and gives a play-by-play account. . . . This book is indeed full proof of the delays and difficulties of the law and the pressures of local public opinion."
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cover of Hugo Black: The Alabama Years

Hugo Black

The Alabama Years

Virginia Van Der Veer Hamilton

University of Alabama Press, 1982

The making of a Supreme Court justice in the crucible of Alabama politics.

Hugo Black: The Alabama Years by Virginia Van der Veer Hamilton is a richly researched political biography that explores the formative experiences of Hugo L. Black, one of the most influential justices in the history of the United States Supreme Court. Focusing on his early life and career in Alabama, Hamilton traces Black's journey from his rural upbringing and legal training to his emergence as a prominent attorney, politician, and United States senator. Through careful analysis of Alabama's social, economic, and political landscape, the book reveals the forces that shaped Black's ideas about government, democracy, and constitutional rights.

Hamilton examines Black's rise during a period of profound change in the South, highlighting the alliances, controversies, and challenges that defined his political career. The study places Black within the broader context of Progressive Era reform, the transformation of Southern politics, and the expanding role of the federal government in American life. At the same time, it provides a nuanced portrait of a complex public figure whose beliefs and actions continue to inspire debate among historians and legal scholars.

Essential reading for students of legal history, political science, Southern studies, and American government, this volume offers valuable insight into the Alabama roots of a justice who would profoundly influence modern constitutional interpretation and civil liberties jurisprudence.
 
 

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cover of Last Resort: The Financial Crisis and the Future of Bailouts

Last Resort

The Financial Crisis and the Future of Bailouts

Eric A. Posner

University of Chicago Press, 2018

The bailouts during the recent financial crisis enraged the public. They felt unfair—and counterproductive: people who take risks must be allowed to fail. If we reward firms that make irresponsible investments, costing taxpayers billions of dollars, aren’t we encouraging them to continue to act irresponsibly, setting the stage for future crises? And beyond the ethics of it was the question of whether the government even had the authority to bail out failing firms like Bear Stearns and AIG.
           
The answer, according to Eric A. Posner, is no. The federal government freely and frequently violated the law with the bailouts—but it did so in the public interest. An understandable lack of sympathy toward Wall Street has obscured the fact that bailouts have happened throughout economic history and are unavoidable in any modern, market-based economy. And they’re actually good. Contrary to popular belief, the financial system cannot operate properly unless the government stands ready to bail out banks and other firms. During the recent crisis, Posner agues, the law didn’t give federal agencies sufficient power to rescue the financial system. The legal constraints were damaging, but harm was limited because the agencies—with a few exceptions—violated or improvised elaborate evasions of the law. Yet the agencies also abused their power. If illegal actions were what it took to advance the public interest, Posner argues, we ought to change the law, but we need to do so in a way that also prevents agencies from misusing their authority. In the aftermath of the crisis, confusion about what agencies did do, should have done, and were allowed to do, has prevented a clear and realistic assessment and may hamper our response to future crises.

Taking up the common objections raised by both right and left, Posner argues that future bailouts will occur. Acknowledging that inevitability, we can and must look ahead and carefully assess our policy options before we need them.
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cover of Sport and the Law: Historical and Cultural Intersections

Sport and the Law

Historical and Cultural Intersections

Samuel O. Regalado

University of Arkansas Press, 2014

This new collection examines not only how athletes looked to the nation’s judicial system to solve conflicts but also how their cases trans¬formed the interpretation of laws. These essays examine a vast array of social and legal controversies including Heywood v. NBA (1971), which allowed any player to enter the draft; Flood v. Kuhn (1972), which considered baseball’s antitrust status; the Danny Gardella lower level 1948 case regarding free agency and baseball; Muhammad Ali’s celebrated stance against the U.S. draft; Renée Richards’s 1976 lawsuit against the U.S. Tennis Association and its due process ramifications; and human rights violations in international law with respect to the increased recruitment of underage Latin baseball players in the Caribbean region are a few examples of the vast array of stories included. Sport and the Law links these cases to other cases and topics, giving the reader the opportunity to see the threads weaving law and sport together in American society.
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cover of The Collected Works of William Howard Taft, Volume VIII: “Liberty under Law” and Selected Supreme Court Opinions

The Collected Works of William Howard Taft, Volume VIII

“Liberty under Law” and Selected Supreme Court Opinions

Francis Graham Lee

Ohio University Press, 2004

William Howard Taft’s presidency (1909-1913), succeeding Theodore Roosevelt’s, was mired in bitter partisan fighting, and Taft sometimes blundered politically. However, this son of Cincinnati assumed his true calling when President Warren G. Harding appointed him to the U.S. Supreme Court in 1921. Taft remains the only person to have served both as president of the United States and as chief justice of the Supreme Court.

The Collected Works of William Howard Taft, Volume VIII, consists of “Liberty under Law” and selected Supreme Court opinions, among the most instructive accomplishments of Taft’s ten years at the helm of the court. The writings reveal the sober judgments of a federalist who viewed state regulation with suspicion, championed national government, and saw an independent and powerful judiciary as the bulwark protecting the “vested rights” that the framers of the U.S. Constitution sought to guarantee.

Whatever his failings as a politician, Taft was an intellectual powerhouse who knew how to use the law as a lever to encourage society to move toward more stable and productive ends. Although Taft is considered an average president at best, historians and political scientists rank him among fifteen “near greats” who have served on the high court. His ability and his love for the law shine through in Volume VIII, the concluding volume of The Collected Works of William Howard Taft. As Taft reportedly said to President Harding upon his appointment as chief justice, “I love judges and I love courts. They are my ideals on earth of what we shall meet afterward in heaven under a just God.”

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cover of The Constitution of the United States: A Primer for the People

The Constitution of the United States

A Primer for the People

David P. Currie

University of Chicago Press, 2000

This is an auto-narrated audiobook version of this book.

A masterly introduction to the United States Constitution, this slim book leads the reader through a concise overview of the document's individual articles and amendments. With clear and accessible language, Currie then examines each of the three branches of the federal government and explains the relation between the federal and state governments. He analyzes those constitutional provisions that are designed to protect citizens from governmental interference, such as the due process and equal protection clauses and the confusing first amendment provisions respecting the separation of church and state, and includes discussions of judicial review and freedom of speech and of the press.

A sympathetic yet critical guide, Currie's book enables students and laypersons to understand one of the cornerstones of the Western political tradition. The second edition, along with an updated chronology and bibliography, incorporates the Supreme Court decisions over the past decade that have affected constitutional interpretation.

"Superb . . . highly recommended for those seeking a reliable, understandable, and useful introduction to our constitution."—Appellate Practice Journal and Update
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cover of The Future of Healthcare Reform in the United States

The Future of Healthcare Reform in the United States

Edited by Anup Malani and Michael H. Schill

University of Chicago Press, 2015

In the years since the passage of the Patient Protection and Affordable Care Act (PPACA, or, colloquially, Obamacare), most of the discussion about it has been political. But as the politics fade and the law's many complex provisions take effect, a much more interesting question begins to emerge: How will the law affect the American health care regime in the coming years and decades?

This book brings together fourteen leading scholars from the fields of law, economics, medicine, and public health to answer that question. Taking discipline-specific views, they offer their analyses and predictions for the future of health care reform. By turns thought-provoking, counterintuitive, and even contradictory, the essays together cover the landscape of positions on the PPACA's prospects. Some see efficiency growth and moderating prices; others fear a strangling bureaucracy and spiraling costs. The result is a deeply informed, richly substantive discussion that will trouble settled positions and lay the groundwork for analysis and assessment as the law's effects begin to become clear.


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cover of The Judicial Power of the Purse: How Courts Fund National Defense in Times of Crisis

The Judicial Power of the Purse

How Courts Fund National Defense in Times of Crisis

Nancy Staudt

University of Chicago Press, 2011

Congress and the president are not the only branches that deal with fiscal issues in times of war. In this innovative book, Nancy Staudt focuses on the role of federal courts in fiscal matters during warfare and high-cost national defense emergencies. There is, she argues, a judicial power of the purse that becomes evident upon examining the budgetary effects of judicial decision making. The book provides substantial evidence that judges are willing—maybe even eager—to redirect private monies into government hands when the country is in peril, but when the judges receive convincing cues that ongoing wartime activities undermine the nation’s interests, they are more likely to withhold funds from the government by deciding cases in favor of private individuals and entities who show up in court.

In stark contrast with conventional legal, political, and institutional thought that privileges factors associated with individual preferences, The Judicial Power of the Purse sheds light on environmental factors in judicial decision making and will be an excellent read for students of judicial behavior in political science and law.

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cover of The Policy Dilemma: Federal Crime Policy and the Law Enforcement Assistance Administration, 1968-1978

The Policy Dilemma

Federal Crime Policy and the Law Enforcement Assistance Administration, 1968-1978

Malcolm Feeley

University of Minnesota Press, 1981

The Policy Dilemma was first published in 1981.What can and should the federal government do to solve complex social problems? Malcolm M. Feeley and Austin D. Sarat address this question in the context of one important issue, the problem of crime. They examine a major federal program, the Law Enforcement Assistance Administration, and show how its operation is shaped and reflects what they call the “policy dilemma.” In response to the public’s demands, the government tries to do too much and promises more than it can deliver. While The Policy Dilemma is first of all a study of the federal government’s attempts to reform and improve criminal justice, it also examines broader issues of public policy making. The problems faced by the LEAA in crime control are shared by all governmental attempts to attack large, insufficiently defined social problems.The authors base their conclusions on extensive interviews with federal, state, and local officials responsible for implementing the Safe Streets Act, including members of ten state planning agencies. In conclusion, Feeley and Sarat summarize the problems of the Safe Streets Act and review congressional attempts at revision and reorganization. They argue that those attempts will only prolong the policy dilemma. The failure of the LEAA, they suggest, is not just a failure of administration but of concept and political theory.
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cover of The Supreme Court Review, 2022

The Supreme Court Review, 2022

Edited by David A. Strauss, Geoffrey R. Stone, Justin Driver, and William Baude

University of Chicago Press Journals, 2023

An annual peer-reviewed law journal covering the legal implications of decisions by the Supreme Court of the United States.

Since it first appeared in 1960, the Supreme Court Review has won acclaim for providing a sustained and authoritative survey of the implications of the Court's most significant decisions. SCR is an in-depth annual critique of the Supreme Court and its work, analyzing the origins, reforms, and modern interpretations of American law. SCR is written by and for legal academics, judges, political scientists, journalists, historians, economists, policy planners, and sociologists.
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