Faculty Books

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  Cases and Materials on Terrorism: Three Nations’ Response

  Michael F. Noone Jr. and Yonah Alexander

  This book fills an important gap in the literature on terrorism. It is designed as a case book, including seminal cases which set out the fundamental rules or principles applicable when circumstances are sufficiently intense to warrant use of the term terrorism'. The United Kingdom is used as a primary source because English law regulating political violence has been continually refined in the 300 years since the Glorious Revolution and has served as a paradigm for other countries that derive their jurisprudence from that experience. Ireland represents what might be called the post-revolutionary variation. Its laws were drafted and are administered by rebels and the children of rebels, who clearly recall the successes and failures of the British campaigns in their country, and who continue to observe the repercussions of pacification efforts in Northern Ireland. Because there are fewer Irish court decisions and because Irish law in many instances mirrors the law of the United Kingdom, only that Irish material which adds a distinctive perspective is included. The United States presents a third, peaceful model and a country which is increasingly confronted by terrorist acts. The themes addressed in this book revolve around legal efforts to reconcile security considerations with those liberal democratic values which the nations consider to be their constitutional heritage. Part I looks at the treatment of aliens - both those who seek admission and those admitted whom the state decides to expel. Part II examines selected problems involving citizens' rights, and the extent (if any) to which these rights can be impaired by anti-terrorist measures. Part III focuses on these institutional restraints on governmental behavior derived from legislation or from common law.

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  Long-Term Care: Federal, State, and Private Options for the Future

  Raymond C. O'Brien and Michael T. Flannery

  As we age, many of us will face the responsibility of providing long-term care either for ourselves or for other loved ones, and we can no longer take for granted that the government will pay for our health care costs if and when we cannot. Long-Term Care gives you a no-nonsense look at the precarious states of our health care and social security systems, the alarming truths behind the bipartisan bickering over health care reforms, and what our future will hold if we don’t take swift action. Most importantly, it teaches you how to prepare for the day when you can no longer care for yourselves by laying out your options and showing you why you must think in advance. Long-Term Care shows you how society might contain health care costs, offer fair and competent treatment to the poor, the middle class, and the wealthy, and prevent the collapse of the Medicare and Medicaid programs. In a careful analysis of all aspects of the health care debate, this book shows you effective measures individual states are taking to balance need and cost, as well as how you can act now to help yourselves after.

  Whether you are a health care provider, an attorney in elder law, a policymaker, or simply a concerned citizen, Long-Term Care gives you accurate information that will help you understand the issues at stake and take a position either in support of or against public policy. Don’t risk your future by remaining uninformed or misinformed.

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  Constitution-Making in the Region of Former Soviet Dominance

  Rett R. Ludwikowski

  With the end of the Cold War and the disintegration of the Soviet Union, newly formed governments throughout Eastern Europe and the former Soviet states have created constitutions that provide legal frameworks for the transition to free markets and democracy. In Constitution-Making in the Region of Former Soviet Dominance, Rett R. Ludwikowski offers a comparative study of constitution-making in progress and provides insight into the complex political and social circumstances that are shaping its present and future. The first study of these recent constitutional developments, this book also provides an appendix of all newly ratified constitutions in the region, an essential new reference source for scholars, students, and professionals. Beginning with a review of the constitutional traditions of Eastern and Central Europe, Ludwikowski goes on to offer analysis of the recent process of political change in the region. A second section focuses specifically on the the new constitutions and such issues as the selection of the form of government, concepts of divisions of power, unicameralism vs. bicameralism, the flexibility or rigidity of constitutions as working documents, and the process of reviewing the constitutionality of laws. Individual states as framed in these documents are analyzed in economic, political, and cultural terms. Although it is too soon to fully consider the implementation of these constitutions, special attention is devoted to the effect of reform on human rights protection, a notorious problem of continuing concern in the region. A final section offers an insightful comparative study of constitutional law by reviewing the post-Soviet process of constitution-making against the backdrop of Western constitutional traditions. Constitution-Making in the Region of Former Soviet Dominance is both a comprehensive study of constitutional developments in the former Soviet bloc and a primary reference tool for scholars of constitutional law, and Eastern European and post-Soviet studies.

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  Legal and Healthcare Ethics for the Elderly

  George P. Smith II

  Increasingly, legislators at the state and federal levels of government are forced to evaluate and act upon the unique problems presented by an aging American public. A domino effect has occurred, evoking concern in educational circles to deal with the varied, complex issues associated with the "new" gerontology. This expanded focus brings in not only mental and public health delivery issues, but reaches and impacts on the social sciences, ethics, law and medicine as well as public policy.

  In response to these matters, Legal and Healthcare Ethics for the Elderly provides a balanced analytical presentation of the complicated socio-legal, medico-ethical and political perspectives which interact with gerontology as a field of study. In a straightforward and unambiguous style, it covers information on access and financing healthcare, the ethics of rationing healthcare and the inevitable link to the quality of life, guardianship issues in a nursing home setting, informed consent, living wills and durable powers of attorney, elder abuse, and death with dignity. The economics of care giving is charted and directed by the sometimes harsh realities of the marketplace. Thus, the various philosophical and ethical dilemmas which confront the process of aging are examined here both from a micro- and from a macro-economic perspective. This book exemplifies that it is vitally important to be educated now, to be prepared for the future and thereby make informed decisions - for both ourselves and our loved ones.

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  The First Amendment: A Reader (2nd ed.)

  John H. Garvey and Frederick F. Schauer

  Each chapter opens with a concise scene-setting commentary, then turns the "debate" over to selections from the large amount of literature that has treated free speech/press/religion since the 17th century. The authors describe their general editorial approach to selecting the pieces as tending toward consensus classics in the field and other articles especially good at clarifying arguments for the classroom.

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  What Are Freedoms For?

  John H. Garvey

  We generally suppose that it is our right to freedom which allows us to make the choices that shape our lives. The right to have an abortion is called "freedom of choice" because, it is said, a woman should be free to choose between giving birth and not doing so. Freedom of speech protects us whether we want to salute the flag or burn it. There is a correlative principle: one choice is as good as another. Freedom is not a right that makes moral judgments. It lets us do what we want.

  John Garvey disputes both propositions. We should understand freedom, he maintains, as a right to act, not a right to choose; and furthermore, we should view freedom as a right to engage in actions that are good and valuable. This may seem obvious, but it inverts a central principle of liberalism--the idea that the right is prior to the good. Thus friendship is a good thing; and one reason the Constitution protects freedom of association is that it gives us the space to form friendships.

  This book casts doubt on the idea that freedoms are bilateral rights that allow us to make contradictory choices: to speak or remain silent, to believe in God or to disbelieve, to abort or to give birth to a child. Garvey argues that the goodness of childbearing does not entail the goodness of abortion; and if freedom follows from the good, then freedom to do the first does not entail the freedom to do the second. Each action must have its own justification. Garvey holds that if the law is to protect freedoms, it is permissible--indeed it is necessary--to make judgments about the goodness and badness of actions.

  The author’s keen insights into important rights issues, communicated with verve and a variety of both real and hypothetical cases, will be of interest to all who care about the meaning of freedoms.

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  Constitutional Law for the Citizen Soldier (3rd ed.)

  Michael F. Noone Jr., Dennis R. Hunt, Donald N. Zillman, and Michael J. Benjamin

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  The Contractual Reallocation of Procreative Resources and Parental Rights: The National Endowment Critique

  William J. Wagner

  An examination of the implications for the law as it becomes entangled in the commercialization of new reproductive technologies. The rule of contract is proposed as a basis for the reorganization of human reproductive behavior.

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  Bioethics and the Law: Medical, Socio-Legal and Philosophical Directions for a Brave New World

  George P. Smith II

  This book tackles the major issues of what has been loosely named 'The New Biology.' Contemporary advances in biotechnology and medical science are creating untold opportunities for not only biological or human engineering, but eugenic advancement as well as preconceptual and prenatal diagnosis-through genetic screening-of genetic diseases. While these new technologies have the ability to shape life even before it begins, they sadly often prolong it past the time it should have a dignified ending. George P. Smith discusses the challenges and the socio-legal, ethical, medical, philosophical, and political constructs involved in the decision making process.

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  Popes, Canonists, and Texts, 1150-1550

  Kenneth Pennington

  Several different approaches to medieval legal history are evident in these articles. The first group uses law to investigate the principles that governed society, whether clearly articulated or not, and ask how the intellectual structures of the "ius commune" affected the institutions of government and the presuppositions of the people. The second group of articles illustrates the importance of returning to the manuscript sources of later medieval texts, rather than relying on the early printed editions. In both parts Professor Pennington also focuses on the lives of individual jurists, contending that these provide a key to the understanding of their thought, their position in society, and the connections between the two. One of these articles is previously unpublished, and a number of others have been revised and updated for publication.