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A leading legal scholar asks a fundamental question: Do we need a theory of constitutional interpretation?

Tushnet Mark: Who Am I to Judge?

Who Am I to Judge?

Judicial Craft versus Constitutional Theory

A Royal Governor, His Black Allies, and the Crisis That Spurred the American Revolution

A Perfect Frenzy

Mutiny in the Mountains uses labor history to show the way forward for millions of workers struggling in an age of uncertainty.
In 1969, thousands of West Virginia state highway workers went on strike in fear that they faced impending loss of their jobs as they were excluded from civil service protection. Although the walkout coincided with one of the most severe winters to affect road conditions, the newly elected governor fired the strikers. The 1969 State Road Strike inaugurated a half decade of public sector organizing and protest that culminated in the historic public-school strikes of 2018–19 that shut down all schools across the Mountain State and inspired a wave of public education strikes in Arizona, Oklahoma, Kentucky, and beyond.
Beginning with the nation’s first general strike in 1877, that started with railroad workers in Martinsburg, West Virginia, and including the early coal strikes in 1912–13 and an armed insurrection in 1921, most treatments of the state’s labor history have focused on the private sector. This is the first comprehensive history of the struggles waged by state and local government workers in West Virginia. The involvement of numerous unions and interventions of the state legislative and executive branches is traced in order to provide context for those struggles. Relying on journalistic sources, legislative enactments, court decisions, and participant interviews, Mutiny in the Mountains accounts the fifty-year struggle of West Virginia’s public sector workers to assert power without the benefit of significant collective bargaining rights or political leverage.

West Virginia Public Workers 19692019

Mutiny in the Mountains

The EEA Agreement extends the four freedoms (persons, goods, services and capital) to Iceland, Liechtenstein and Norway. It provides for equal conditions of competition and abolishes discrimination on grounds of nationality. The EFTA Court, celebrating its 30th anniversary in 2024, has jurisdiction over parties to the Agreement. This jurisdiction corresponds to that of the Court of Justice of the European Union over EU Member States in matters of EEA law. This collection of essays, written by members of the Court and external experts, reviews the successes and shortcomings of the Court, its interface with EU law, and its future development.

Developing the EEA over Three Decades

The EFTA Court

The European Court of Justice as a Context-Conscious Lawmaker

Good Judgment

Modern Studies in European Law

Wider Europe and the Extended EU’s Legal Space

EU Neighbourhood Law

“In the best modernist tradition, [Deschenes] pushes against the basic terms by which photography is conventionally defined: instantaneity, veracity, fixity, or reproducibility.” — curator and critic Matthew WitkovskyDeschenes uses durational photogram exposure to create unique, shifting surfaces that frequently function as sculptural or architectural, rather than photographic, objects. In her recent work, Deschenes exposes photographic paper to the night sky, develops it, and fixes the photogram with silver toner, creating misty silver surfaces brindled with slight changes in hue that are affected either by exposure to ambient light or the hand-application of the toner itself. Some of these photograms remain unframed and oxidize over time, further problematizing the role of the photograph as fixed image on surface. Instead, purged of representational content, the photograph, in Deschenes’s practice, functions as an object that records how it has been, and continues to be, acted upon.Deschenes’ work is held in the permanent collections of Centre Pompidou, Paris; San Francisco Museum of Modern Art; Solomon R. Guggenheim Museum, New York; Whitney Museum of American Art, New York; Museum of Modern Art, New York; Metropolitan Museum of Art, New York; Walker Art Center, Minneapolis; Art Institute of Chicago; ICA/Boston; Pinault Collection, Paris; Montreal Museum of Fine Arts; Milwaukee Art Museum; Princeton University Art Museum; the Hirshhorn Museum and Sculpture Garden, Washington, D.C.

Liz Deschenes

Getting to the Heart of Conflict: A Framework for Constructive Conflict Engagement

Studies in International Law

"This book provides clarity on the complex challenges of sea migration by offering a rule of law reading of the question, drawing on both black letter law and empirical data. This allows it to broaden the perspective of existing scholarship. It takes as its central case study the experience of Italy, exploring the legal issues in play there and its institutional practices and policies. It goes on look at the wider EU experience, particularly at the problems common to southern EU states. The book allows lawyers, political scientists and policymakers to truly engage with the challenges sea migration poses today"--

Responses to Sea Migration and the Rule of Law

Shortest Histories

The Shortest History of the USA

The Achilles Trap masterfully untangles the people, ploys of power and geopolitics that led to America's disastrous war with Iraq and, for the first time, details America's fundamental miscalculations during its ruinous, decades-long relationship with Saddam Hussein. Beginning with Saddam's rise to power in 1979 and the birth of Iraq's secret nuclear weapons programme, Steve Coll traces Saddam's motives through understanding his inner circle. He brings to life the diplomats, scientists, family members and generals who had no choice but to defer to their leader - a leader directly responsible for the deaths of hundreds of thousands of Iraqis, as well as the torture or imprisonment of many more. This was a man whose reasoning was impossible to reduce to a simple explanation, and the CIA and successive presidential administrations failed to grasp critical nuances in his paranoia, resentments and inconsistencies - even when the stakes were incredibly high. Using unpublished and underreported sources, interviews with surviving participants, and Saddam's own transcripts and audio files, The Achilles Trap is a remarkable picture of a dictator who was convinced the world was out to get him and acted accordingly. A work of great historical significance, it is the definitive account of how corruptions of power, lies of diplomacy and vanity - on both sides - led to avoidable errors of statecraft: ones that would enact immeasurable human suffering and forever change our political landscape.

Saddam Hussein, the United States and the Middle East, 1979-2003

The Achilles Trap

"Separation of powers is the time-tested touchstone of the legitimate exercise of power in modern democracies. This collection examines decision-making in the EU's multilayered and polycentric constitutional structure through this lens. The focus on separation of powers reveals how strong executive powers collaborate in the EU as a single source of public power, which is not sufficiently counterbalanced by parliaments or the judiciary. The collection explores 3 policy fields marked by crisis: the economic and monetary union (EMU), migration, and trade. This important work illustrates how different branches of government co-determine each others' powers"--

The Dynamics of Powers in the European Union

"This book focuses on the often forgotten legal landmark' that benefited, or aimed to benefit, women in England and Wales between 1918 and 1938. The book follows campaigns by key women's organisations, including the Six-Point Group and the Married Women's Association, while assessing the impact of early women lawyers and politicians. Bringing together 30 academics and scholars, the book uncovers an era marked by feminist activists to provoke legal reforms and advances impacting every area of life - including property, family relationships, access to health care, criminal law, employment opportunities, pay, pensions and political representation"--

Not for Want of Trying

Women’s Legal Landmarks in the Interwar Years

Who Am I to Judge?

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