Tensions between religious freedom and equality law are newly strained in America. As lawmakers work to protect LGBT citizens and women seeking reproductive freedom, religious traditionalists assert their right to dissent from what they see as a new liberal orthodoxy. Some religious advocates are going further and expressing skepticism that egalitarianism can be defended with reasons at all. Legal experts have not offered a satisfying response—until now.Nelson Tebbe argues that the...

Tensions between religious freedom and equality law are newly strained in America. As lawmakers work to protect LGBT citizens and women seeking reproductive freedom, religious traditionalists assert their right to dissent from what they see as a new liberal orthodoxy. Some religious advocates are going further and expressing skepticism that egalitarianism can be defended with reasons at all. Legal experts have not offered a satisfying response—until now.Nelson Tebbe argues that the...

The essays selected for this volume address topics at the intersection of religion and equality law, including discrimination against religion, discrimination by religious actors and discrimination in favor of religious groups and traditions. The introduction provides a conceptual guide to these types of inequality - which are often misunderstood or conflated - and it offers an analysis of different species of discrimination within each broad category. Each section of the volume contains b...

A distinguished and experienced appellate court judge, Posner offers in this new book a unique and, to orthodox legal thinkers, a startling perspective on how judges and justices decide cases.

Digital records and broad access to the Internet have made it easier for genealogists to gather relevant information from distant sources and to share the information they have gathered. The law, however, remains tied to particular geographic locations. This book discusses how specific laws -- access to information, personal data protection, libel, copyright, and regulation of cemeteries -- apply to anyone involved in genealogical research in Canada.

Whether examining election outcomes, the legal status of terrorism suspects, or if (or how) people can be sentenced to death, a judge in a modern democracy assumes a role that raises some of the most contentious political issues of our day. But do judges even have a role beyond deciding the disputes before them under law? What are the criteria for judging the justices who write opinions for the United States Supreme Court or constitutional courts in other democracies? These are the questio...

The future of the U.S. Supreme Court hangs in the balance like never before. Will conservatives or liberals succeed in remaking the court in their own image? In A Constitution of Many Minds, acclaimed law scholar Cass Sunstein proposes a bold new way of interpreting the Constitution, one that respects the Constitution's text and history but also refuses to view the document as frozen in time.Exploring hot-button issues ranging from presidential power to same-sex relations ...

Angry debate over gay marriage has divided the nation as no other issue since the Vietnam War. Why has marriage suddenly emerged as the most explosive issue in the gay struggle for equality? At times it seems to have come out of nowhere-but in fact it has a history. George Chauncey offers an electrifying analysis of the history of the shifting attitudes of heterosexual Americans toward gay people, from the dramatic growth in acceptance to the many campaigns against gay rights that...

**The definitive reckoning with Affirmative Action, one of America’s most explosively contentious and divisive issues—from “one of our most important and perceptive writers on race and the law.”—The Washington Post“A clear-eyed take on America’s battle over affirmative action and diversity.... [Kennedy] goes straight at the issue with fearlessness and a certain cheekiness.” —Los Angeles Times**“Compelling.... Powerful.” —Wall Street Journal

Elgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences and law, expertly written by the world’s leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas.Mark Tushnet, a world-renowned scholar of constitutional law, has excelled in extending and revising his essential introduction to comp...

The idea for this book arose out of a little known political scandal, known as "phonegate", that occurred in Minnesota in the early 1990's in which a number of legislators were found to have been abusing their phone privileges. The hubris of the legislature in response to the discovery of this abuse not only made me rather angry, but, since I had been called for jury duty the year before, gave me the idea that service in the legislature ought to be a duty of citizenship like jury duty. Alt...

Having identified proportionality as the main tool for limiting constitutional rights, Aharon Barak explores its four components (proper purpose, rational connection, necessity and proportionality stricto sensu) and discusses the relationships between proportionality and reasonableness and between courts and legislation. He goes on to analyse the concept of deference and to consider the main arguments against the use of proportionality (incommensurability and irrationality). Alternatives t...