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Landis James M.: The Business of the
Supreme Court

The Business of the Supreme Court

A Study in the Federal Judicial System

TRANSACTION INTRODUCTION PREFACE INTRODUCTION I. PERIOD PRIOR TO THE CIVIL WAR II. FROM THE CIVIL WAR TO THE CIRCUIT COURTS OF APPEALS ACT III. FROM THE CIRCUIT COURTS OF APPEALS ACT TO THE JUDICIAL CODE IV. FEDERAL COURTS OF SPECIALIZED JURISDICTION V. FROM THE JUDICIAL CODE TO THE POST-WAR JUDICIARY ACTS VI. THE JUDICIAL CONFERENCE VII. THE JUDICIARY ACT OF 1925 VIII.THE FUTURE OF SUPREME COURT LITIGATION TABLE OF CASES TABLE OF STATUTES INDEX

This book is a critical examination of the legal and regulatory frameworks that govern modern sport, questioning whether the ideals of fairness and a 'level playing field' extend beyond the pitch into the boardrooms where decisions are made. Focusing on the self-regulation model prevalent in the UK and its global influence, Jonathan G. Merritt explores the intersection of sport and law through detailed analysis of statutes, case law, and legal principles. The book interrogates whether contemporary sports governance serves the interests of its primary stakeholders-players, athletes, and spectators-or those of a powerful ruling elite. By drawing on themes from politics, sociology, and religion, it exposes the deeper power dynamics at play and challenges the assumption that law in sport consistently upholds justice and equality. This is an essential resource for scholars of sports law, governance, and socio-legal studies.

Nothing to Do with Fair Play

A Socio-Legal Critique of Sports Regulation

Anna Irene Baka challenges dominant liberal and legalist paradigms in international law by reinterpreting the right of peoples to self-determination through the lenses of Aristotelian philosophy, phenomenology, social psychology, and corrective justice. Focusing on high-profile postcolonial conflicts in Kosovo, Cyprus, and Palestine, Baka argues that abstract international and constitutional legal doctrines on self-determination fail to account for the lived realities of collective deprivation and historical trauma. Baka offers a compelling critique not only of mainstream theories of self-determination, but also of the shortcomings of critical movements such as Critical Legal Studies. In their place, she advances a renewed ethical and conceptual framework for international law-one grounded in responsibility, rational judgment, and moral engagement. This interdisciplinary method brings fresh insight into questions of collective identity, legitimacy, and the moral accountability of law itself. Ultimately suggesting that meaningful responses to historical injustice require international jurists to cultivate intellectual independence and legal virtue, this is a timely and essential contribution for scholars and practitioners of international law, human rights, legal philosophy, and global justice.

Ethics, Law, and the Politics of Justice

Self-Determination Beyond Liberal Legalism

This book gives extraordinary new insights into the legal, political and industrial strife in the UK of the early 1970s, focusing on the National Industrial Relations Court and how its independence came to be injured at a time of national crisis. Constitutional and employment lawyers, and indeed anyone interested in the history of the times, will not want to be without this deeply researched yet entertaining work. When the Heath Government came to power in 1970, it set up the National Industrial Relations Court to referee highly contentious disputes between unions and employers. Regarded with hostility by the labour movement from the start, the Court and its President, Sir John Donaldson, faced mounting suspicion, and were regularly front-page news. When Donaldson jailed five dockers in 1972 - the Pentonville Five - for defying the Court's orders, strikes erupted and the docks closed. With the country's food supplies dwindling, a state of emergency loomed. How had it come to this? Could a way through be found? This is a revelatory account of the National Industrial Relations Court's defining crisis, set in the context of a wider, and frequently startling, exposition of how Donaldson went about his role as its President. Peter Oldham KC combines decades of experience as a barrister with archival research to shine a bright new light on how and why the Court found itself doing - in Donaldson's own words - 'rather peculiar things'.

'Rather Peculiar Things'

Law and Politics at the National Industrial Relations Court 1970-75

Decriminalisation is often framed as a 'third way solution' between legality and criminalisation, but the complex regulatory field that surrounds it is rarely examined. This edited collection marks a departure from current approaches by focusing on the consequences of decriminalisation, rather than abstractly considering what law should be. The collection offers selected case studies where decriminalisation has occurred - drug use, prostitution, homosexuality, abortion and euthanasia - subjecting each to a socio-legal analysis. It pays critical attention to the restructuring of subjects, social space and norms that takes place when modes of governance are transformed. It offers a critical framework for academics, policy makers and the members of the public seeking to move beyond simplistic legal/illegal distinctions to better understand the realities that emerge when explicit criminal sanctions are removed.

Socio-Legal Perspectives

Decriminalisation

Modern Studies in European Law

This book offers a comprehensive examination of the Court of Justice of the European Union (CJEU) and its engagement with public international law. It explores how the Court has developed a flexible, context-dependent approach to international law, which seeks to balance the autonomy of the EU legal order with the necessity of recognising and integrating international legal principles. Rather than focusing on landmark cases, the book analyses the CJEU's jurisprudence thematically, exploring the various ways the Court encounters and engages with international law. These include the use of international law as a source and inspiration of EU law, as a method of challenging the validity of EU law, and as method of interpretation. The book goes beyond analysis of the judgments and explores the broader context in which the Court navigates its relationship with international law. It examines the circumstances under which the Court establishes barriers around the EU legal order, such as when it develops the principle of autonomy, and when it builds bridges with the international legal order, such as when it seeks to engage with and develop international law principles. This book will be of interest to scholars, practitioners, and students focused on the intersections of EU law and public international law, contributing to ongoing debates about legal pluralism and the evolving dynamics of intersecting legal frameworks.

The Court of Justice of the EU and Public International Law

This open access book tells the story of how a standing board of judges in London has shaped the constitutional laws of Commonwealth countries through its most consequential decisions since 1833. It provides a broad-ranging critical analysis of the Judicial Committee of the Privy Council's (JCPC) constitutional influence and legacy to date as the oldest serving multinational supreme court in the world. From over 193 years of case law, 17 decisions are identified and represent, for better or worse, defining historical and constitutional moments in their respective jurisdictions and beyond. They originate from 11 countries on 5 continents, reflecting the once worldwide breadth of the JCPC's authority. Several cases from the Global South, which have tended to be overlooked in the Western literature and case law, are included. In this first-ever collection of JCPC case studies, the authors explain the court's pivotal role in redefining the relationship between the UK and the rest of the Commonwealth, articulating the structures of Westminster constitutions, and interpreting fundamental human rights. The collection offers an outlook on the JCPC's future as it carries on with its subsisting mandate in the 31 countries and territories still under its jurisdiction. The book is aimed at public law scholars, practitioners, and students from Commonwealth countries. It will also interest readers who seek to learn about the British and Commonwealth constitutional traditions. From this volume of 15 original studies on a unique judicial institution in modern history, the reader will gain a deeper comprehension of our constitutions and their mutual influences within and across legal traditions. The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com.

Foundational and Leading Constitutional Cases

The Judicial Committee of the Privy Council

This book is a comparative study of how courts and oversight bodies review lawmaking processes, exposing democratic deficits and advocating for transparent, participatory legislative reform across Europe. In an era of fast-track legislation and executive overreach, the democratic legitimacy of lawmaking is under increasing pressure. This timely and original volume offers the first comprehensive, comparative analysis of how judicial and non-judicial bodies monitor and assess legislative procedures across Europe and beyond. Drawing on examples from Hungary, France, and the United States, the book highlights troubling trends - such as the use of expedited processes, exclusion of opposition voices, and lack of public participation - that undermine democratic principles and good governance. Contributors examine how courts, parliamentary committees, and international organisations like the Venice Commission respond to these challenges, offering insights into their capacity to uphold constitutional standards and human rights protections. The book also explores the broader implications of defective lawmaking for the rule of law, separation of powers, and the achievement of global goals such as the UN's Sustainable Development Agenda. Featuring leading scholars and practitioners from across Europe, including underrepresented jurisdictions, the volume bridges theory and practice, offering a rich interdisciplinary perspective. It is essential reading for academics, legal professionals, policymakers, and civil society actors concerned with the integrity of democratic institutions and the future of legislative governance. By shedding light on the mechanisms of procedural review, this book makes a compelling case for more transparent, inclusive, and accountable lawmaking in democratic societies.

European Perspectives on the Procedural Review of Parliamentary Lawmaking

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 collection of eye-opening natural experiments, showing how economists uncover cause-and-effect relationships and reveal insights about our world. Does having a daughter change how a congressperson votes? How did a nineteenth-century doctor help discover germs? Is it better to go first or second in a penalty shootout? Why don’t diplomats pay their parking tickets? Do leaders really matter? These are all questions economists ask. Some of these questions are serious, others less consequential. But all are interesting—and can be answered by way of the natural experiment. A natural experiment is an event in the real world that neatly divides people into a treatment and control group—and it is one of the greatest tools in the economist’s toolkit. In Daughters, Diplomats, and Death, Patrick Gourley discusses why and how economists have leveraged this powerful method to answer questions that were long thought unanswerable. In the vein of Freakonomics, Nudge, and The Tipping Point, the book takes the reader on a lively and engaging tour of some of the most fascinating natural experiments, explaining how they work, how they help social scientists answer questions, and what conclusions they reached. The experiments illuminate a wide range of timely issues in health, education, reproductive issues, and the environment, lending rich and much-needed nuance to the complex debates that shape today’s headlines.

How Economists Use Natural Experiments to Decipher Our World

Daughters, Diplomats, and Death

A reframing of simplistic good-or-bad, black-or-white narratives about drugs.
What is a drug? The answer seems so obvious that the question is hardly worth asking. We can all agree that cocaine is a drug, or methamphetamine, or cannabis. But what about sugar? Caffeine? That heavy, sleepy feeling you get after eating a big portion of turkey at Thanksgiving? The extremes of experiences like sex and exercise or love and grief are created by the same consciousness-altering neurochemicals responsible for the highs and lows of a cocaine binge. What about your phone, or your toddler's iPad—can we be addicted to technology? Does using these devices make us "high"?
Drugs are slippery objects, difficult to define. Some make us feel good, others make us ill. Some take the form of pills, plants, or powders. Others, like the runner's high, require no physical substance at all. Much of what we think we know about drugs comes from a handful of well-used cultural narratives: drugs are either a public health menace, a social issue to be fixed, or an age-old criminal and legal problem. The rebels among us might even think of drugs as tools for creativity and artistic production. But despite the profound role drugs have played in human history and society, we rarely give any thought to what drugs actually are, and more importantly, what they do. 
Reframing "drugs" as a wide variety of human experiences within a spectrum of altered consciousness, On Drugs weaves together cultural history, science, politics, personal anecdotes, and current events to ask why our frameworks for understanding drugs are so limited and how expanding them can transform our society's response to substance use.

On Drugs

Global Reflections on Positionality in Rural Access to Justice Research

A Psychological Exploration of Women and Gender

Women's Lives

The Business of the Supreme Court

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