The faculty at the Columbus School of Law have published books in a wide variety of legal and non-legal disciplines. This repository collection includes a selection of some of the many books authored by our faculty.
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The Beginning of the Constitutional Era: A Bicentennial Comparative Analysis of the First Modern Constitutions
Rett R. Ludwikowski and William Fox
This book evolved as part of the Comparative & International Law Program at the Columbus School of Law, The Catholic University of America, which sponsors studies on the expansion of constitutionalism around the world. Sparked by the bicentennial celebrations of the framing of the U.S. Constitution & the first Polish & French Constitutions this study focuses on the beginning of the constitutional. era. The intent is not merely to narrate each country's constitutional history but to identify the factors that both assisted & impeded constitutional development in the three countries.
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The Prince and the Law, 1200-1600: Sovereignty and Rights in the Western Legal Tradition
Kenneth Pennington
The power of the prince versus the rights of his subjects is one of the basic struggles in the history of law and government. In this masterful history of monarchy, conceptions of law, and due process, Kenneth Pennington addresses that struggle and opens an entirely new vista in the study of Western legal tradition. Pennington investigates legal interpretations of the monarch's power from the twelfth to the seventeenth century. Then, tracing the evolution of defendants' rights, he demonstrates that the origins of due process are not rooted in English common law as is generally assumed. It was not a sturdy Anglo-Saxon, but, most probably, a French jurist of the late thirteenth century who wrote, "A man is innocent until proven guilty." This is the first book to examine in detail the origins of our concept of due process. It also reveals a fascinating paradox: while a theory of individual rights was evolving, so, too, was the concept of the prince's "absolute power." Pennington illuminates this paradox with a clarity that will greatly interest students of political theory as well as legal historians.
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Constitutionalism and Human Rights: America, Poland, and France: A Bicentennial Colloquium at the Miller Center
Rett R. Ludwikowski and Kenneth W. Thompson
This work is the sixth volume in the Miller Center Bicentennial Series on Constitutionalism. The contributors examine in several different essays the historical, political, and ideological connections among the constitutional experiences of France, Poland, and the United States. This study furthers the Miller Center's efforts to examine the United States Constitution and its interaction and interrelationship with other constitutions in the world. Although Poland's constitution was the focus of the book, the approach has been made unique by the fact that the study was not conducted solely through Polish eyes, but rather in relation to the constitutions which, with Poland, share the distinction of being the three oldest constitutions in the world, the French and the U.S. Co-published with the Miller Center of Public Affairs.
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Continuity and Change in Poland: Conservatism in Polish Political Thought
Rett R. Ludwikowski
Analyzes the development of Polish thought against a detailed historical background and examines the process of the shaping of models of political thought in Poland.
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Economic Law and Economic Growth: Antitrust, Regulation, and the American Growth System
George E. Garvey and Gerald J. Garvey
This volume provides a practical answer to, among other questions, Whither public law after the `Chicago School'? Using perspectives from American history, economic theory, and legal analysis, the Garvey's take an interdisciplinary approach to U.S. public law and policy--antitrust and regulation--and develop the essential unity of the two major fields based on a clearly written summary of pertinent microeconomic principles. They establish that economic growth has been a primary goal of U.S. public policy throughout the nation's history. The authors provide a thorough critical survey of neopopulism and neoclassicism, the two major post-war impulses in public economic law. An innovative and concrete framework for policy development and for practical institutional reform aimed at improving U.S. industrial competitiveness by improving the capital allocation process is presented here. The highly readable text is complemented by graphics and tables for those who may want a rigorous treatment of economic/legal concepts. The work has been extensively annotated, especially to legal precedents and economic texts.
Law school libraries, major public libraries, libraries of law firms, federal courts and superior state courts, as well as university libraries will find Economic Law and Economic Growth a necessary addition. This is a volume that can be productively consulted by practicing lawyers and college/university teachers in the fields of antitrust law, regulation--both lawyers and economists, and public policy. An invaluable addition to courses in antitrust and administrative law, economic policy, the regulatory process, economic development/industrial policy, and political economics.
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The New Biology: Law, Ethics, and Biotechnology
George P. Smith II
Improvement of man's genetic endowment by direct actions aimed at striving for the positive propagation of those with a superior genetic profile (an element of which is commonly recognized as a high intelligence quotient) or-conversely-delimitation of those with negative genetic inheritance has always remained a primary concern of the geneticist and the social engineer. Genetic integrity, eugenic advancement, and a strong genetic pool designed to eliminate illness and suffering have been the benchmarks of the "Genetic Movement" and the challenge of Orwell's Nineteen Eighty-Four. If the quality of life can in some way be either improved or advanced by use of the law, then this policy must be developed and pursued. No longer does the Dostoyevskian quest to give life meaning through suffering become an inescapable given. By and through the development and application of new scientific advances in the field of genetics (and especially genetic engineering), the real potential exists to prevent, to a very vii Preface viii real extent, most human suffering before it ever manifests itself in or through life. Freedom to undertake re search in the exciting and fertile frontiers of the "New Biology" and to master the Genetic Code must be nurtured and maintained. The search for the truth inevitably prevents intellectual, social, and economic stag nation, as well as-ideally-frees all from anxiety and fright. Yet, there is a very real potential for this quest to confuse and confound.
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Broker-Dealer Regulation
David A. Lipton
Broker Dealer Regulation provides a detailed description of the broker-dealer registration process. This timely survey of an increasingly complex and sensitive subject covers: Broker-dealer duties, Broker-dealer prohibitions, Broker-dealer disclosure requirements, Broker-dealer financial and record retention responsibilities, Broker-dealer sanctions for performance failures, Client/broker dispute resolution forums, Broker-dealer liability, The definition of an underwriter, State (blue sky) law, and Self-regulatory organization rules.
