Law The New York Review of Books

October 21, 2021 issue. Robert L. Tsai. The New Abortion Vigilantism. The abortion bounty law is novel and thus far unique to Texas, but similar civil enforcement regimes have a much darker history. September 23, 2021. David A. Bell.

Actived: 4 days ago

URL: https://www.nybooks.com/ideas/law/

Law from the Inside Out by Ronald Dworkin The New York

(9 days ago) A theory of law is a special kind of political theory, and so what law is cannot be separated completely from what it should be. Once we reject positivism, however, we need another, different theory of law. In a series of articles and then in Law’s Empire, in 1986, I offered a theory. A claim of law should be understood as a claim about the

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Holmes's Common Law by H.L.A. Hart The New York …

(3 days ago) Holmes’s Common Law. This famous book, now admirably re-introduced to the general reader by Professor Mark Howe, resembles a necklace of splendid diamonds surprisingly held together at certain points by nothing better than string. The diamonds are the marvelous insights into the genius of the Common Law and the detailed explorations of the

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When the Rule of Law Turns into Rule by Law by Ankush

(5 days ago) Federal law enforcement necessarily involves political decision-making; the Justice Department does belong to the executive branch of government, and the attorney general is a political appointee of the president. And if Joe Biden wins in November, a reverse “politicization” to address the degradation of the department and the worst

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The Integrity of Law by Steven Ross The New York

(5 days ago) Professor Ross raises what is really a point of antebellum American constitutional law, and his reading of the original Constitution is a piece of bicentennial romanticism. The Constitution presupposed and protected slavery in several of its clauses, and even the abolitionists accepted, with near unanimity, that in its unamended form it left

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Law Without History

(4 days ago) The law as it passed is the will of the majority of both houses, and the only mode in which that will is spoken is in the act itself…”—he states that the critique has at least four parts. The first is premised on the Constitution; the second is an argument that the use of legislative history impermissibly increases the discretion of judges.

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Morality and the Law by Ronald Dworkin The New York

(5 days ago) In another book, Causation in the Law, Hart and a co-author, A. M. Honore, discussed the conceptual puzzles about fault, which I mentioned earlier, but unlike Hart’s predecessors, they undertook to explain the ordinary as well as the strictly legal meanings of that concept. Like Hart’s colleagues in the Oxford school of philosophy

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Marshall Law by Richard W. Hughes The New York Review

(7 days ago) As a leading Indian law attorney, Mr. Hughes is naturally pleased that some of Marshall’s statements ultimately proved helpful to the Indians—though “admittedly, nearly a century and a half” after huge damage had been done. But the sad fact is that in Cherokee Nation v.

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The New Abortion Vigilantism by Robert L. Tsai The New

(8 days ago) The New Abortion Vigilantism. The abortion bounty law is novel and thus far unique to Texas, but similar civil enforcement regimes have a much darker history. Robert L. Tsai is Professor of Law at Boston University. His latest book is Practical Equality: Forging Justice in a Divided Nation. (September 2021)

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Homosexuality and the Law by Thomas Nagel The New York

(Just Now) Homosexuality and the Law. The trouble with current philosophical controversy concerning homosexuality laws is not that a concrete question is being debated by appeal to abstract principles, but that the wrong principles are being appealed to. For most of those who advocate repeal on the ground that it is improper to legislate morality, such an

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A Struggle with the Police & the Law by John Paul

(4 days ago) Delaware law, however, required participation by local counsel, which led to Morris’s participation in the case. Advertisement In September 1952, when the families were still trying to find Delaware counsel to assist Maris, Morris was employed as the law clerk for the chief judge of the United States District Court in Delaware.

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Neuroscience and the Law: Don’t Rush In by Jed S. Rakoff

(2 days ago) The law, for its part, is deeply concerned with mental states, particularly intentions. As Justice Oliver Wendell Holmes Jr. famously put it, “Even a dog distinguishes between being stumbled over and being kicked.” Distinctions of intent frequently determine, as a matter of law, the difference between going to prison and going free.

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Making Torture Legal by Anthony Lewis The New York

(5 days ago) For me, the twisting of the law by lawyers is especially troubling. I have spent my life believing that the safety of this difficult, diverse country lies to a significant extent in the good faith of lawyers—in their commitment to respect the rules. But the Bush lawyers have been brazen in their readiness to twist, dissemble, and invent in the cause of power.

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Stalin’s Lawyers at Nuremberg by Benjamin Nathans The

(3 days ago) A sense of historical reckoning pervaded the proceedings. Although Hitler, Joseph Goebbels, and Heinrich Himmler had escaped the judgment of the law by committing suicide, twenty-two other captured Nazi leaders were in the defendants’ dock at the Palace of Justice, one of the few buildings in Nuremberg to survive the war nearly unscathed.

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The Judge Who Shaped Our Law by Lincoln Caplan The New

(9 days ago) To Hand, law’s role is to help shape common purpose and reflect the will of the people as part of the compact between them and their government. He was a small “d” democrat. Case by case, he saw his job as weighing competing views of the law and its application to the facts and working his way toward the best outcome in the circumstances.

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Israel and Annexation by Lawfare by Michael Sfard The

(4 days ago) Israel’s goal is clear: a single state containing two peoples, only one of which has citizenship and civil rights. What the government is embarking on amounts to both de jure annexation and the crime of apartheid. Its lawyers are busy giving their counsel, drafting laws, and defending Israel’s efforts to expand the jurisdiction of its law and administration beyond the 1949 ceasefire lines

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How Police Became Paramilitaries by Michael Shank The

(4 days ago) Law enforcement has, in fact, been training for a moment like this—specifically by learning techniques and tactics from Israeli military services. As Amnesty International has documented, law enforcement officials from as far afield as Florida, …

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The Presidential Transition Meets Murphy’s Law by Walter

(7 days ago) The presidential transition has been a creature of statute ever since March 4, 1964, when Congress passed the Presidential Transition Act—the same law that assigned to the GSA administrator the task of certifying the election’s apparent result to allow the process to begin.

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Sovereign Law by Marshall Cohen The New York Review of

(4 days ago) In The Common Law (1881) Holmes opined that “the life of the law has not been logic: it has been experience,” and in “Mechanical Jurisprudence” (1908) Dean Pound concurred: Law must be judged “by the results it achieves…, not by the beauty of its logical processes or the strictness with which its rules proceed from the dogmas it

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The Man Who Invented Money by Edward Chancellor The

(6 days ago) Little is known of Law’s early life or of his rakish sojourn in London, which ended with the young Law, then known as “Jessamy John,” killing another dandy, “Beau” Wilson, in a duel that took place in mysterious circumstances in April 1694. Law was sentenced to death but escaped from jail with help from high-placed friends.

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The New Fugitive Slave Laws by Manisha Sinha The New

(5 days ago) The law had a bribe written into it: commissioners would be paid $10 if they decided that a suspected runaway was a slave, but only $5 if they declared him or her free. The new Fugitive S lave Law sparked outrage in the North, especially in areas where the abolition movement was strong. Hundreds of cases brought to court under the law by slave

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The Moral Reading of the Constitution by Ronald Dworkin

(2 days ago) 1. There is a particular way of reading and enforcing a political constitution, which I call the moral reading. Most contemporary constitutions declare individual rights against the government in very broad and abstract language, like the First Amendment of the United States Constitution, which provides that Congress shall make no law abridging “the freedom of speech.”

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Singapore’s ‘Fake News’ Law: An Exchange by Ashok Kumar

(8 days ago) Singapore’s ‘Fake News’ Law: An Exchange. Ambassador Mirpuri: Determining what is or is not a fact is defined by well-established jurisprudence. Salil Tripathi: Past Singaporean jurisprudence of some libel cases involving critical opinions about Singapore in the international media suggests a …

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Has Obama Upheld the Law

(9 days ago) Secret law undermines the rule of law, as legal theorists beginning with Kant have insisted: citizens must be able to know the law under which they are being governed. This is a hard lesson for officials to accept. When journalists won a Freedom of Information Act case to gain the release of secret white papers about the law governing targeted

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The Studies of Leo Strauss: An Exchange by Joseph

(3 days ago) It was a source of such wisdom for the American people as much as were the tablets of the law brought down by Moses from Sinai for the children of Israel. If we however turn to Carl Becker’s The Declaration of Independence, a book perfectly characteristic of non …

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The Reagan Revolution and the Supreme Court by Ronald

(8 days ago) Order and Law: Arguing the Reagan Revolution. A Firsthand Account. by Charles Fried. Simon and Schuster, 256 pp., $19.95. Charles Fried; drawing by David Levine. Buy Print. 1. The right-wing lawyers Reagan appointed to the Department of Justice early in his presidency promised a “Reagan revolution” in constitutional law.

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Ronald Dworkin The New York Review of Books

(2 days ago) Ronald Dworkin. Law from the Inside Out. November 7, 2013 issue. Religion Without God. April 4, 2013 issue. The Case Against Color-Blind Admissions. December 20, 2012 issue. The Election—II. November 8, 2012 issue.

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Why Hindu Nationalists Trialed India’s Citizenship Law in

(4 days ago) A Muslim man at a protest against the citizenship law, Ahmedabad, Gujarat, India, December 15, 2019 Despite causing such mayhem, Home Minister Amit Shah has promised to take the NRC process piloted in Assam nationwide—in order to rid the nation of its largely imaginary “infiltrators” before the next general election, scheduled for 2024.

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Panama: The Hidden Trillions by Alan Rusbridger The

(2 days ago) A great many rich individuals used one Panamanian law firm, Mossack Fonseca, to shield their money from prying eyes, whether it was tax authorities, law enforcement agencies, or vengeful former spouses. Tax havens are supposed to be secret. The Panama leak blew open that omertà in a quite spectacular fashion.

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Trump Is Not Exempt by David Cole The New York Review

(4 days ago) David Cole is the National Legal Director of the ACLU and the Honorable George J. Mitchell Professor in Law and Public Policy at the Georgetown University Law Center. His most recent book is Engines of Liberty: How Citizen Movements Succeed. (August 2021)

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Terms of Service: Individual Online Subscribers and

(7 days ago) This document defines the terms and conditions for individual subscriptions to The New York Review of Books’ online edition For the Terms and Conditions for Institutional Site Licenses please see your institution’s administrator. ACCEPTANCE OF TERMS The New York Review of Books (nybooks.com and NYREV, Inc.) provides its service to you subject to the following […]

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The Defense of Torture by David Luban The New York

(7 days ago) A small, elite law office within the Justice Department, the OLC is inconspicuous, and many of its opinions remain secret. Its two dozen lawyers provide legal advice to the entire executive branch of government and by custom, if not law, its opinions are binding on federal agencies. That gives the office substantial power.

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The Genius of the Place by William H. Jordy The New

(8 days ago) The Genius of the Place. More than anyone else, Frederick Law Olmsted dominated the profession of landscape design in nineteenth-century America. He had a hand in the preservation of scenic wonders like Yosemite and Niagara Falls, in major landscape parks and park systems in more than a dozen major cities, in the first scientifically managed

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Frequently Asked Questions The New York Review of Books

(4 days ago) The New York Review of Books. 435 Hudson Street, Suite 300. New York, NY 10014. As we receive hundreds of books for review consideration, we do not keep a log of the books that arrive. When a book is reviewed, we send copies of the review to the book's publisher.

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Noel Francisco, Trump’s Tenth Justice by Cristian Farias

(3 days ago) The sole client of the solicitor general, the Department of Justice lawyer who represents the federal government before the Supreme Court, is the United States. With Noel Francisco at the helm, Trump’s solicitor general’s office has—to a far greater extent than its modern predecessors—aggressively changed the government’s litigating positions midstream, staked out extreme stances in

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The Nonbinary Gender Trap by Robin Dembroff The New

(7 days ago) The new law forces Californians to identify within a ternary range of options even though lawmakers apparently recognize that the scope of gender identities outside of male and female is vast and effectively unlimited. The Act states: “Nonbinary is an umbrella term for people with gender identities that fall somewhere outside of the

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William Barr, Trump’s New Roy Cohn by Peter Stone The

(4 days ago) For NYU law professor Stephen Gillers, an expert on legal ethics, this all fits a pattern. He believes that Barr’s performance suggests that the attorney general has been doing his utmost to protect Trump’s political fortunes—and seems to be redoubling his efforts now that Trump’s presidency is facing a serious impeachment threat.

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Poetry in the Courtroom by David Cole The New York

(7 days ago) Poetry and judicial opinions do not often mix. Judging is ordinarily a prosaic task: weighing arguments, applying tests of legal doctrine, finding facts, stating conclusions, declaring winners and losers, announcing law. This is not the stuff of poetry. But every once in a while, poetry is called for. It can capture what reasoned judgment cannot.

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Somali and American: Portrait of a Minnesota Community

(5 days ago) Minnesota, a blue-leaning state, is by many standards exceptionally welcoming of immigrants; it has the country’s second-largest population of Vietnamese Hmong people and is home to more Somalis than any other state in the country. The 2018 election to US Congress of Ilhan Omar was a testament to how politically engaged the Somali community is.

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On Not Prosecuting Civil Disobedience by Ronald Dworkin

(8 days ago) DOUBTFUL LAW is by no means special or exotic in cases of civil disobedience. On the contrary. In the United States, at least, almost any law which a significant number of people would be tempted to disobey on moral grounds would be doubtful—if not clearly invalid—on constitutional grounds as well.

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Scrubbing Poland’s Complicated Past by Alissa Valles

(6 days ago) Under the Law and Justice administration, it was the Institute that drafted this new law; but under another government in 2001–2004, the Institute carried out a thorough and entirely creditable investigation into the Jedwabne massacre, whose “perpetrators sensu stricto,” the prosecutor Radosław Ignatiew found, were local Poles.

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Litigating the War on Terror: An Exchange by Kenneth

(2 days ago) For example, policing rules, governed by international human rights law, allow detention mainly for people facing criminal charges and a fair trial, and permit police officers to use lethal force only as a last resort to respond to an imminent threat to life. War rules, by contrast, permit detention of enemy combatants until the war ends and

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The Streak of Streaks by Stephen Jay Gould The New

(6 days ago) The Streak of Streaks. Stephen Jay Gould (1941–2002) was an American geologist, biologist and historian of science. He taught at Harvard, where he was named Alexander Agassiz Professor of Zoology, and at NYU. His last book was Punctuated Equilibrium.

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Who's Afraid of Ukrainian History

(7 days ago) Though Ukrainian law is confusing on these issues, the basic case against Zabilyi seems to be that he was intending to transmit documents from archives to foreigners. Advertisement. That, of course, is what historians do. We read documents in archives, we interpret them, and we communicate our findings. An honest conversation about the past

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The Case for Prosecuting Trump by Ankush Khardori The

(2 days ago) Violations of the law are typically low-level civil offenses, but a narrow portion of the Hatch Act makes it a crime to intimidate or command a federal employee to engage in political activity, and it is not hard to envision a criminal investigation focused on the most egregious statutory violations, including speeches from the White House and

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Let the Decision Stand by David Cole The New York

(4 days ago) Let the Decision Stand. Submit a letter: Email us [email protected]nybooks.com. Montinique Monroe/The New York Times/Redux. A protest at the Texas State Capitol against a new law banning abortion after six weeks of pregnancy, Austin, September 1, 2021. Almost thirty years ago, in 1992, the Supreme Court appeared poised to overturn Roe v.

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