Constitutional scholars Christopher P. Banks and John C. Blakeman offer the most current and the first book-length study of the U.S. Supreme Court's "new federalism" begun by the Rehnquist Court and now flourishing under Chief Justice John Roberts. While the Rehnquist Court reinvorgorated new federalism by protecting state sovereignty and set new constitutional limits on federal power, Banks and Blakeman show that in the Roberts Court new federalism continues to evolve in a docket increasingly attentive to statutory construction, preemption, and business litigation
In 2007, for the first time in nearly seventy years, the Supreme Court decided to hear a case involving the Second Amendment. The resulting decision in District of Columbia v. Heller (2008) was the first time the Court declared a firearms restriction to be unconstitutional on the basis of the Second Amendment. It was followed two years later by a similar decision in McDonald v. City of Chicago, and in 2022, the Court further expanded its support for Second Amendment rights in New York State Rifle and Pistol Association v. Bruen—a decision whose far-reaching implications are still being unraveled.To Trust the People with Arms explores the remarkable and complex legal history of how the right to bear arms was widely accepted during the nation’s founding, was near extinction in the late twentieth century, and is now experiencing a rebirth in the Supreme Court in the twenty-first century. Robert J. Cottrol and Brannon P. Denning link the right to bear arms with other major themes in American history. Prompted by the eighteenth-century belief that arms played a vital role in preserving the liberties of the citizen, the Second Amendment met many challenges in the nation’s history. Among the most acute of these were racism, racial violence, and the extension of the right to bear arms to African Americans and other marginalized groups. The development of modern firearms and twentieth-century urbanization also challenged traditional notions concerning the value of an armed population. Cottrol and Denning make a particularly important contribution linking the nation’s participation in the wars of the twentieth century and the strengthening of American gun culture. Most of all, they give a nuanced and sophisticated legal history that engages legal realism, different varieties of originalism, and the role of chance and accident in history. To Trust the People with Arms integrates history, politics, and law in an interdisciplinary way to illustrate the roles that guns and the right to keep and bear arms have played in American history, culture, and law.
Safeguarding Our Privacy and Our Values in an Age of Mass Surveillance America’s mass surveillance programs, once secret, can no longer be ignored. While Edward Snowden began the process in 2013 with his leaks of top secret documents, the Obama administration’s own reforms have also helped bring the National Security Agency and its programs of signals intelligence collection out of the shadows. The real question is: What should we do about mass surveillance? Timothy Edgar, a long-time civil liberties activist who worked inside the intelligence community for six years during the Bush and Obama administrations, believes that the NSA’s programs are profound threat to the privacy of everyone in the world. At the same time, he argues that mass surveillance programs can be made consistent with democratic values, if we make the hard choices needed to bring transparency, accountability, privacy, and human rights protections into complex programs of intelligence collection. Although the NSA and other agencies already comply with rules intended to prevent them from spying on Americans, Edgar argues that the rules—most of which date from the 1970s—are inadequate for this century. Reforms adopted during the Obama administration are a good first step but, in his view, do not go nearly far enough. Edgar argues that our communications today—and the national security threats we face—are both global and digital. In the twenty first century, the only way to protect our privacy as Americans is to do a better job of protecting everyone’s privacy. Beyond Surveillance: Privacy, Mass Surveillance, and the Struggle to Reform the NSA explains both why and how we can do this, without sacrificing the vital intelligence capabilities we need to keep ourselves and our allies safe. If we do, we set a positive example for other nations that must confront challenges like terrorism while preserving human rights. The United States already leads the world in mass surveillance. It can lead the world in mass surveillance reform.
This study is the first empirical study of the development of Latino empowerment on the United States political stage, utilizing data collected from voter behavior research, narrative inquiry, participant-observation, interviews, content analysis, case study analysis, case law analysis, and examinations of national and state labor force statistical data. This work should appeal to scholars interested in state and local government, legislative studies, law and courts, public administration, and nonprofit and ethnic studies. events give due cause to be impressed with Latino Americanos: first, the fact that in 2003, Latinos became the United States' largest minority; second, three Latino U.S. Senators, first-time Latino Attorney General and Secretary of Commerce, and female Mexican-born defeats incumbent native-born Hispanic and MPA graduate for a House seat in the Illinois State General Assembly are all historic events for the Latino community in America. This book is timely, considering significant population shifts in the United States which are redefining the minority, plurality, and majority status of Latinos, by utilizing data collected from voter behavior research, narrative inquiry, participant-observation, interviews, content analysis, case study analysis, case law analysis, and examinations of national and state labor force statistical data.
Comprising an array of distinguished contributors, this pioneering volume of original contributions explores theoretical and empirical issues in comparative law. The innovative, interpretive approach found here combines explorative scholarship and research with thoughtful, qualitative critiques of the field. The book promotes a deeper appreciation of classical theories and offers new ways to re-orient the study of legal transplants and transnational codes. Methods of Comparative Law brings to bear new thinking on topics including: the mutual relationship between space and law; the plot that structures legal narratives, identities and judicial interpretations; a strategic approach to legal decision making; and the inner potentialities of the 'comparative law and economics' approach to the field. Together, the contributors reassess the scientific understanding of comparative methodologies in the field of law in order to provide both critical insights into the traditional literature and an original overview of the most recent and purposive trends. A welcome addition to the lively field of comparative law, Methods of Comparative Law will appeal to students and scholars of law, comparative law and economics. Judges and practitioners will also find much of interest here.
Congress has continued to debate the efficacy and constitutionality of federal regulation of firearms and ammunition, with strong advocates arguing for and against greater gun control. While several dozen gun control-related proposals have been introduced in recent Congresses, only a handful of those bills received significant legislative action. The 109th Congress, for example, passed two bills with firearmsrelated provisions that were enacted into law. P.L. 109-72 prohibits certain types of lawsuits against firearm manufacturers and dealers to recover damages related to the criminal or unlawful use of their products by other persons, and P.L. 109-295 includes a provision that prohibits federal officials from seizing any firearm from private persons during a major disaster or emergency, if possession of that firearm was not already prohibited under federal or state law. Nevertheless, the 110th Congress could possibly reconsider several gun control proposals that were considered as part of appropriations and crime legislation in the previous Congress. During the 109th Congress, the House amended the Children's Safety Act of 2005 (H.R. 3132) to prohibit the transfer or possession of a firearm to or by any person convicted of a sex offense against a minor. The House also amended Secure Access to Justice and Court Protection Act of 2005 (H.R. 1751) to authorize certain federal court judges and officials to carry firearms for personal protection. The Senate passed a different version of H.R. 1751 that included similar provisions, as well as provisions designed to clarify and expand the Law Enforcement Officers Safety Act (P.L. 108-277) -- a law that gives concealed carry privileges to qualified on-duty and retired law enforcement officers. None of those provisions were enacted into law, however. In addition, the House Judiciary considered four gun-related bills: the ATFE Modernization and Reform Act of 2006 (H.R. 5092), the Firearms Corrections and Improvement Act (H.R. 5005), the Firearm Commerce Modernization Act (H.R. 1384), and the NICS Improvement Act of 2005 (H.R. 1415). H.R. 5092 was passed by the House. The 109th Congress, moreover, maintained a fee prohibition for Brady background checks and other funding limitations and conditions related to gun enforcement in the FY2006 DOJ appropriations (P.L. 109-108). Those limitations and conditions have been continued into FY2007 under continuing resolutions. They are often referred to as the "Tiahrt amendment," for their sponsor in the FY2004 appropriations cycle, Representative Todd Tiahrt. Issues addressed in those bills, as well as the Tiahrt funding limitations and conditions, could be reconsidered in the 110th Congress. Senator Charles Schumer, for example, has introduced a bill (S. 77) that would repeal portions of the Tiahrt amendment that limit the sharing of firearm trace data. Other gun control-related issues that may reemerge in the 110th Congress include (1) retaining Brady background check records for approved transactions to enhance terrorist screening, (2) more strictly regulating certain long-range fifty caliber rifles, (3) further regulating certain firearms previously defined in statute as "assault weapons," and (4) requiring background checks for firearm transfers at gun shows. This report will updated to reflect legislative action.
