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Colman S: Challenging Prosecutorial
Discretion

Challenging Prosecutorial Discretion

Victims' Rights of Review

Forced "Return" of Migrants to Transit and Fourth Countries

Americans take it for granted that the states of the union make up an economic common market. But that is the case only because early in the nation's history the Supreme Court ruled that the Commerce Clause of the Constitution establishes a principle--sometimes called the "dormant Commerce Clause" principle--that blocks individual states from cutting off the free flow of cross-border trade. From the 1820s onward the Court has issued hundreds of rulings applying this doctrine to prevent the states from imposing tariff-like taxes, local processing requirements, and other restrictions on the free movement of goods and services across state lines. The result for the nation has been, as Justice Robert Jackson once observed, a "material success that . . . has been the most impressive in the history of commerce." After joining the Court in 1986 Justice Antonin Scalia challenged the dormant Commerce Clause principle as an illegitimate judicial innovation at odds with a proper "originalist" interpretation of the Constitution. This critique, moreover, quickly picked up steam as other prominent jurists and commentators--most notably, Justice Clarence Thomas--gave it their enthusiastic support. Is the originalist challenge to the dormant Commerce Clause rule well-founded? In The Common-Market Constitution, Coenen argues that the answer is no. Like Justice Scalia, Coenen focuses on discovering the original public meaning of the Commerce Clause. According to Coenen, however, the text and history of that clause compel a conclusion that is the direct opposite of the one that Justice Scalia reached. As Coenen demonstrates, a proper originalist assessment of the dormant Commerce Clause principle requires consideration of a sweeping body of text- and history-based evidence that ranges far beyond what critics of that principal rule have focused on in the past. A full and fair appraisal of that evidence, Coenen argues, leaves no doubt that the constitutional rule that the Court has long applied to safeguard the American common market does reflect the original public meaning of the Commerce Clause.

Text, History, and the "Dormant Commerce Clause" Rule

The Common-Market Constitution

The Partner Paradox: From Brilliant Technician to Strategic Client Partner Promotion to partner changes the rules. The work that earned the title is still valuable, but it is no longer the whole job. Technical mastery becomes table stakes. What clients value most is harder to learn on the fly: partners who understand their business, help them see around corners, and make every interaction a good use of their time. Wendy L. Bernero spent more than thirty years at the highest levels of legal marketing and strategy, including as Chief Marketing Officer at Baker McKenzie, Paul Weiss, and Fried Frank. In The Partner Paradox, she distills that experience into a fast-moving parable about a newly promoted litigation partner with seven business days to figure out what “value” really means to a major client’s CEO and general counsel. Readers will discover: <ul> <li>Why technical excellence is the price of admission, not the whole job</li> <li>How the Diagnose-Deploy-Design method turns client understanding into measurable business value</li> <li>How to lead high-stakes value conversations with CEOs and general counsel</li> <li>Why your marketing and business development colleagues are growth partners, not order-takers</li> </ul> Written for emerging partners, practice leaders, and the marketing and business development professionals who support them, The Partner Paradox shows lawyers how to shift from selling technical skills to solving business problems.

What High-Performing Lawyers Do Differently

The Partner Paradox

Market Abuse, Insider Dealing and Financial Crime

This book is an insightful, thought-provoking study of one of the world's most important courts. There is no doubt that the European Court of Justice has had a transformative effect on EU Law, but not without controversy. 

This book explores these criticisms, asking if concerns over judicial activism, unconventional interpretative methods, conflicts with national courts and over-reach are justified. Drawing on the expertise of leading commentators in their sectors, its ambitious scope explores the question from across the spectrum of EU Law. Its analysis includes the political dimension, giving the fullest understanding of the environment in which the Court and its judgments have operated.

The European Court of Justice and its Critics

Róisín Á Costello provides a critical analysis of the ways in which law is portrayed in Irish literature and argues that authors from Ireland (writing in both Irish and English) have consistently used literature as a mechanism to challenge and critique institutional power. In doing so, she argues that Irish literature, and the narratives it has created about law, have been used to re-assert and recomplicate Irish identities at sites of conflict and to interrogate the legitimacy of power and how it is exercised. Drawing on a range of texts including novels, poetry, plays, song and satire, Costello illustrates that Irish literature has acted as a decolonial and intersectional force in critiquing the institution of law and constructing national, linguistic and political identities in Ireland. She traces a pattern in which Irish authors consistently used literature as a lens for legal analysis in Ireland, using their work to address fundamental concerns about the legitimacy of law, the role of doubt in legal proceedings, the need for popular accountability, and the marginalisation of minority groups an identities by formal institutions and system.

Critical Approaches to Institutions, Power and Identity

Law in Irish Literature

Across the Aisle

This balanced book illuminates Republican and Democratic responses and attitudes toward crime, police work, sentencing, incarceration, and rehabilitation in the USA. A broad array of law enforcement and criminal justice issues are examined, including mass incarceration, sentencing disparities, anti-drug efforts, marijuana legalization, death penalty, mandatory minimums, civil asset forfeiture, prison privatization, rape and other crimes in prison settings, women in prison, support for therapeutic/educational programs, sentencing for juvenile offenders, harsher penalties for hate crimes, and voting rights for ex-felons. The focus is on specific and timely topics in criminal justice that are most susceptible to legislative policies. Readers will benefit by developing an appreciation for how politics impacts the criminal justice system, and how the parties have developed laws that impact their lives, dictate acceptable behavior, and legislate appropriate responses for violators. The emphasis of the series is contemporary, but it includes historical perspective to provide a sense of how each party's positions and actions have evolved over time.

Democrats and Republicans

Today's Crime and Punishment Issues

Available open access digitally under CC-BY-NC-ND licence. This groundbreaking volume exposes the systematic violence embedded within the UK's asylum system as experienced by unaccompanied children and young people. Drawing on innovative participatory research methodology, the authors reveal how 'hostile environment' policies create devastating 'tipping points' that transform bureaucratic processes into acts of structural violence. Through rigorous legal analysis and compelling empirical evidence, this essential text challenges readers to confront the profound human cost of hostile immigration policy while offering concrete strategies for trauma-informed reform. It is an urgent call for systemic change that will resonate with academics, policy makers and practitioners across law, social work, migration studies and human rights.

Unaccompanied Young People's Experiences of and Responses to Seeking Protection in the UK

Asylum as Violence

European Yearbook on Human Rights 2026

THE INSTANT SUNDAY TIMES BESTSELLERThe world's criminals earn trillions every year. They keep almost all of it. Every effort to stop them has failed. Why? Join Oliver Bullough through the looking glass, voyaging through the dark heart of the global economy: where flows of dirty banknotes, designer goods and baby eels prop up illicit networks spanning from Miami to Shanghai - via, strangely, North Oxfordshire. Cryptocurrencies flow through ledgers that would look familiar to a fifteenth-century Florentine banker. Casinos, lottery tickets and government ignorance all power the merry-go-round of dirty money. And it all works brilliantly. Better than ever. There has never been a better time to be a criminal. It's time that changed.

The Secret Life of Dirty Money

Everybody Loves Our Dollars

Hart Studies on Contested Legalities

This book confronts a pressing and unsettling development at the intersection of law, sovereignty, and Indigenous rights: the growing entanglement between Indigenous legal traditions and sovereign citizen pseudolaw. Bringing together leading scholars from law, anthropology, Indigenous studies, and related disciplines, the volume exposes how pseudolegal movements increasingly appropriate the language and symbolism of Indigenous sovereignty to advance anti-state and conspiratorial agendas. The collection shows that this appropriation is not confined to non-Indigenous actors. In contexts of long-standing injustice and frustration with state institutions, some Indigenous individuals are also drawn to sovereign citizen arguments that promise autonomy or escape from state authority. Through careful analysis, the contributors explain why these claims may appear attractive, while demonstrating that they rest on legal fantasies fundamentally at odds with Indigenous legal orders. Where Indigenous laws are collective, relational, and grounded in responsibilities to land and community, pseudolaw is individualistic, property-centred, and rooted in settler-colonial entitlement. As the first scholarly collection to systematically address this phenomenon, the volume calls for renewed intellectual clarity and sustained engagement between academics, legal practitioners, and Indigenous communities. The book traces how pseudolaw repackages older colonial strategies of appropriation and erasure in new forms. It reveals the tangible harms these entanglements cause: legal confusion, political vulnerability, and the erosion of the credibility of genuine Indigenous sovereignty claims. It offers a powerful warning about the dangers of pseudolaw and a compelling case for strengthening Indigenous-led pathways to justice, self-governance, and sovereignty.

Indigenous Peoples and Sovereign Citizen Pseudolaw

A comprehensive guide to U.S. visas and green cards, covering both eligibility and practical steps toward obtaining the desired benefit. Readers will learn how the U.S. immigration bureaucracy functions (or malfunctions) and whether they potentially qualify for a green card based on family or work; a temporary visa for tourism, study, work, or a cultural exchange; or another program or remedy, such as asylum or a U visa. Useful for both would-be immigrants and those who assist them.

U.S. Immigration Made Easy

Challenging Prosecutorial Discretion

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