Faculty Books & Edited Works

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The Honor Code: How Moral Revolutions Happen

Kwame Anthony Appiah

In this groundbreaking work, Kwame Anthony Appiah, hailed as "one of the most relevant philosophers today" (New York Times Book Review), changes the way we understand human behavior and the way social reform is brought about. In brilliantly arguing that new democratic movements over the last century have not been driven by legislation from above, Appiah explores the end of the duel in aristocratic England, the tumultuous struggles over footbinding in nineteenth-century China, the uprising of ordinary people against Atlantic slavery, and the horrors of "honor killing" in contemporary Pakistan. Intertwining philosophy and historical narrative, he has created "a fascinating study of moral evolution" (Philadelphia Inquirer) that demonstrates the critical role honor plays a in the struggle against man's inhumanity to man.
Encyclopedia of Africa

Kwame Anthony Appiah and Henry Louis Gates Jr.

The Encyclopedia of Africa presents the most up-to-date and thorough reference on this region of ever-growing importance in world history, politics, and culture. Its core is comprised of the entries focusing on African history and culture from 2005's acclaimed five-volume Africana - nearly two-thirds of these 1,300 entries have been updated, revised, and expanded to reflect the most recent scholarship. Organized in an A-Z format, the articles cover prominent individuals, events, trends, places, political movements, art forms, business and trade, religions, ethnic groups, organizations, and countries throughout Africa. There are articles on contemporary nations of sub-Saharan Africa, ethnic groups from various regions of Africa, and European colonial powers. Other examples include Congo River, Ivory trade, Mau Mau rebellion, and Pastoralism. The Encyclopedia of Africa is sure to become the essential resource in the field.
Local Government Law: Cases and Materials

Lynn A. Baker and Clayton P. Gillette

The Fourth Edition considers the unique role that local governments play in the federal system. The book asks about the distinct characteristics of local governments that distinguish them from other levels of government. The materials then explore three relationships involving local governments: the relationship between the locality and the state, the relationship between the locality and its residents, and the relationship between the locality and its neighbors. The new edition discusses recent developments in the relationship between the federal government and states and localities, including: the U.S. Supreme Court’s decisions in Riegel v. Medtronic (2008), Good v. Altria Group (2009), and Levine v. Wyeth (2009) concerning the federal preemption of state law; the 6th Circuit’s decision in School District of Pontiac v. Secretary of the U.S. Dep’t of Education (2009), involving the No Child Left Behind Act and unfunded federal mandates to states and school districts; and the U.S. Supreme Court’s decision in Gonzales v. Raich (2005), affirming Congress’s power under the Commerce Clause to prohibit states from authorizing the use of marijuana for medical purposes. The fourth edition also includes new materials concerning the role of local governments in local economic development.
Trademark Law: An Open-Source Casebook

Barton C. Beebe

Prior edition of Trademark Law: An Open-Access Casebook - covers all aspects of American federal trademark law, including the creation, maintenance, and enforcement of trademark rights. The casebook also addresses right of publicity protection, false advertising law, and international aspects of trademark protection.
Common Law, Civil Law and the Future of Categories

Oscar G. Chase and Janet Walker

Around the world, there are signs that the traditional categories of civil and common law may be collapsing in the wake of procedural reform spurred by a new range of concerns and aspirations for procedure. In the United Kingdom, the reviews being conducted 10 years after the Woolf Reforms and in Canada, civil procedure rules in British Columbia, Ontario, and the Federal Court are all undergoing major reforms. Reforms in Europe and the United States are also challenging the traditional categories. Common Law, Civil Law and the Future of Categories presents the first comprehensive and structured study of the divide between civil and common law. The essays in this collection were originally presented at the 2009 International Association of Procedural Law conference in Toronto. Each essay tackles a topic significant for litigators and other procedural lawyers in a bijural country, underscoring the important impact this has on Canadian law.
Institutions and Economic Performance

Kevin E. Davis

The field of institutional economics has witnessed a surge in interest over recent years and has attracted the attention of a growing number of social scientists. This topical and highly informative collection brings together critical writings on the relationship between institutions and economic performance. The included works encompass seminal cross-country studies of “whether institutions matter”, as well as leading examples of within-country studies on the role of specific institutions. This indispensable volume includes an original introduction by the editor which explores the definition and measurement of institutions. The book is essential reading for anyone interested in institutions and economic development.
Indicators as a Technology of Global Governance

Kevin E. Davis, Benedict Kingsbury, and Sally Engle Merry

The use of indicators is a prominent feature of contemporary global governance. Indicators are produced by organizations ranging from public actors such as the World Bank or the US State Department, to NGOs such as Freedom House, to hybrid entities such as the Global Fund, to private sector political risk rating agencies. They are used to compare and rank states for purposes as varied as deciding how to allocate foreign aid or investment and whether states have complied with their treaty obligations. This paper defines the concept of an “indicator”, analyzes distinctive features of indicators as technologies of governance, and identifies various ways in which the use of indicators has the potential to alter the topology and dynamics of global governance. Particular attention is paid to how indicators can affect processes of standard-setting, decision-making, and contestation in global governance. The world Bank Doing Business indicators and the United Nations Human Development Index are analyzed as case studies.
The Oxford Introductions to U.S. Law: Constitutional Law

Michael C. Dorf and Trevor W. Morrison

The Oxford Introductions to U.S. Law: Constitutional Law presents an accessible introduction to the enduring topics of American constitutional law, including judicial review, methods of interpretation, federalism, separation of powers, equal protection, and individual liberties. One of the most important functions performed by the American Constitution and the more than two centuries' worth of cases interpreting it is the allocation of decision-making. Professor Dorf and Professor Morrison frame many of these constitutional debates with this question of authority. When should courts rule that the Constitution takes some issue outside of the domain of ordinary politics? Should courts referee disputes between the branches of the federal government? Should they referee disputes between the states and the national government? Using what standards? This introduction to American constitutional law critically examines the work of the Supreme Court of the United States, which has resolved thousands of constitutional controversies based on the shortest national constitution on the planet. The authors also look beyond the Supreme Court, exploring the arguments for and against judicial review and various versions of popular constitutionalism.
Working within the Boundaries of Intellectual Property: Innovation Policy for the Knowledge Society

Rochelle C. Dreyfuss, Harry First, and Diane L. Zimmerman

This book is the long-awaited companion volume to the highly acclaimed Expanding the Boundaries of Intellectual Property, published by Oxford University Press in 2001. That book argued for strong private rights whilst at the same time calling for caution in the expansionary trend. In the period since the first volume, intellectual property protection has grown ever stronger, and this new book focuses on finding ways to cope with the fragmentation of rights and the complex framework this expansion of rights has created. At the core of the book are considerations of such initiatives as patent clearing models, standard setting organizations, licensing arrangements and informal work-arounds. It also examines the measures that seek to protect the public domain, including strategic licensing, collective rights organizations, and non-profit ventures such as creative commons and open-source publishing. Drawing on expertise from a number of disciplines including law, economics and sociology, the book is international in approach and fuses scholarly research with legal practice. It will be of great interest to scholars in intellectual property and innovation, policy-makers, and practitioners with an interest in the future of the field. Working Within the Boundaries of Intellectual Property contains original expert writing which focuses on the fragmentation of intellectual property protection rights and the complex framework this expansion of rights has created; includes the substantive empirical research that has been conducted since the first volume, Expanding the Boundaries of Intellectual Property, on how creative enterprises deal with the new terrain of legal rights; includes analysis of new intellectual property protection regimes including patent and database protection in the US and the EU; examines the areas where modifications in existing legislation may be needed to facilitate desired outcomes or to minimize clashes between private ordering and the public interest. Expert contributor team is drawn from a variety of fields, including law, legal practice, economics, library science, and sociology.
A Republic of Statutes: The New American Constitution

William N. Eskridge Jr. and John A. Ferejohn

William Eskridge and John Ferejohn propose an original theory of constitutional law whereby, while the Constitution provides a vision, our democracy advances by means of statutes that supplement or even supplant the written Constitution.
Regoverning the Workplace: From Self-Regulation to Co-Regulation

Cynthia Estlund

This original book seeks to shape current trends toward employer self-regulation into a new paradigm of workplace governance in which workers participate. The decline of collective bargaining and the parallel rise of employment law have left workers with an abundance of legal rights but no representation at work. Without representation, even workers’ legal rights are often under-enforced. At the same time, however, many legal and social forces have pushed firms to self-regulate—to take on the task of realizing public norms through internal compliance structures. Cynthia Estlund argues that the trend toward self-regulation is here to stay, and that worker-friendly reformers should seek not to stop that trend but to steer it by securing for workers an effective voice within self-regulatory processes. If the law can be retooled to encourage forms of self-regulation in which workers participate, it can help both to promote public values and to revive workplace self-governance.
War and State Building in Medieval Japan

John A. Ferejohn and Frances McCall Rosenbluth

The nation state as we know it is a mere four or five hundred years old. Remarkably, a central government with vast territorial control emerged in Japan at around the same time as it did in Europe, through the process of mobilizing fiscal resources and manpower for bloody wars between the 16th and 17th centuries. This book, which brings Japan's case into conversation with the history of state building in Europe, points to similar factors that were present in both places: population growth eroded clientelistic relationships between farmers and estate holders, creating conditions for intense competition over territory; and in the ensuing instability and violence, farmers were driven to make Hobbesian bargains of taxes in exchange for physical security.
Global Issues in Antitrust and Competition Law

Eleanor M. Fox and Daniel A. Crane

This volume is a global reader. It presents materials and cases on the global issues of antitrust and competition policy. It may be used on its own or to supplement domestic antitrust casebooks. It might seem strange to consider the treatment of global issues as a supplement to antitrust casebooks, for, in one important sense, antitrust is global. Markets commonly cross national boundaries. Mergers are as likely as not to combine firms from different nations and in any event to affect markets in many nations. Acts and conspiracies in New York, Washington, Tokyo, Zurich, Frankfurt, Johannesburg, Beijing, Delhi, or Sao Paulo may affect people around the world. Nonetheless, the great body of antitrust law is national. Two mature—although always changing—bodies of antitrust law, European and American, have become the most visible models for the world. Most antitrust casebooks are centered on national law. This volume puts the global dimension at center stage. More than 100 jurisdictions have antitrust (or competition) laws. The large majority of these laws were enacted after the Berlin Wall fell in late 1989. The antitrust nations span the world, from US, Canada and Mexico to Brazil, Argentina and Chile; the EU and the nations of Europe; to many nations in Africa, Asia and the Middle East, Australia, and New Zealand. Recent entrants may eventually shift the balance of influence in antitrust. Global issues are themselves diverse. They include: 1. Analysis: How to think about analysis of any conduct or transaction that has transnational dimensions. For example, how to define the market; what foreign productions to include within it; ow to analyze effects of conduct or transactions in view of foreign competition. 2. Jurisdiction: What principles define and limit jurisdiction of commissions and courts over conduct or transactions that take place abroad or that have principal effects abroad? 3. Coherence: In view of international markets, international transactions, and international effects, what have antitrust authorities done to coordinate their efforts and minimize conflicts? What institutions have been developed to consider international problems? Is there a need for greater coherence, and should it be orchestrated at a higher level; for example, through an international competition law or framework? 4. Globalization, antitrust and trade: Globalization has shrunk the world. Freer trade, combined with Internet and other communication technologies, has mad distant markets quicker and easier to access. It has increased opportunities for firms to find low-cost sources of labor and supply. It has increased opportunities for firms to find markets. It had made firms more mobile. Globalization has revealed the strong links between trade and competition. Historically, state restraints have been the domain of trade law and private or business restraints have been the domain of antitrust law. Are the lines blurring? If foreign markets are closed to imports, are they closed by state or private restraints? By private acts supported by state restraints, or vice versa? Do we need coherence between rules of trade and rules of competition? Should we have a global trade-and-competition regime? 5. Comparative antitrust: For US and EU, it is now generally accepted that antitrust/competition law should be designed and enforced to remove impediments and help make markets work, for the benefit of consumers and the efficient and potentially efficient and innovative firms that are trying to serve them. There is room also to protect suppliers from boycotts and exploitation (e.g., buying cartels); but there is no room in US or EU antitrust law to promote nationalism and to sanction protectionist industrial policies at the expense of consumers. The non-protectionist, non-discriminatory stance of US and EU competition laws helps to undergird the effective functioning of world markets and as well to link the hundred national and regional antitrust regimes. But not all antitrust jurisdictions are committed to this view of antitrust. Moreover, jurisdictions may disagree on key perspectives and modes, such as to how best to realize or preserve efficiency. In addition, differences in degrees of economic and political environment and institutions can result in different rules, standards, or emphases. This global reader will engage with these issues and give comparative examples. The plan of this book is as follows. In order to track, more or less, most antitrust casebooks, we organize our discussion under the usual topics of antitrust: cartels, monopoly and abuse of dominance, agreements other than cartels—horizontal and vertical, and mergers. We then treat the critical subject of restraints by the state—an area in which antitrust regimes are increasingly involve. Finally, we cover enforcement systems, jurisdictional issues, and the ultimate over-arching issue, global governance.
Peculiar Institution: America's Death Penalty in an Age of Abolition

David W. Garland

The U.S. death penalty is a peculiar institution, and a uniquely American one. Despite its comprehensive abolition elsewhere in the Western world, capital punishment continues in dozens of American states—a fact that is frequently discussed but rarely understood. The same puzzlement surrounds the peculiar form that American capital punishment now takes, with its uneven application, its seemingly endless delays, and the uncertainty of its ever being carried out in individual cases, none of which seem conducive to effective crime control or criminal justice. In a brilliantly provocative study, David Garland explains this tenacity and shows how death penalty practice has come to bear the distinctive hallmarks of America’s political institutions and cultural conflicts. America’s radical federalism and local democracy, as well as its legacy of violence and racism, account for our divergence from the rest of the West. Whereas the elites of other nations were able to impose nationwide abolition from above despite public objections, American elites are unable—and unwilling—to end a punishment that has the support of local majorities and a storied place in popular culture. In the course of hundreds of decisions, federal courts sought to rationalize and civilize an institution that too often resembled a lynching, producing layers of legal process but also delays and reversals. Yet the Supreme Court insists that the issue is to be decided by local political actors and public opinion. So the death penalty continues to respond to popular will, enhancing the power of politicians and criminal justice professionals, providing drama for the media, and bringing pleasure to a public audience who consumes its chilling tales. Garland brings a new clarity to our understanding of this peculiar institution—and a new challenge to supporters and opponents alike.
Regulation of Lawyers: Statutes and Regulations

Stephen Gillers, Roy D. Simon, and Andrew M. Perlman

Prior edition of Regulation of Lawyers: Statutes and Regulations.
Regulation of Lawyers: Statutes and Regulations

Stephen Gillers, Roy D. Simon, and Andrew M. Perlman

Prior edition of Regulation of Lawyers: Statutes and Regulations (Concise ed).
Principles of the Law: Aggregate Litigation

Samuel Issacharoff, Robert H. Klonoff, Richard A. Nagareda, and Charles Silver

Aggregate Litigation, including class actions, is a significant part of the American legal system. Important social values require aggregate litigation for their achievement. Some legitimate interests cannot be protected and certain wrongdoers cannot be deterred through individual lawsuits. Yet aggregate litigation challenges procedural norms that have evolved over many centuries of common law adjudication of disputes between two individuals. Half a dozen years ago, a small group of distinguished judges, academics, and lawyers, all experienced in class action litigation, happened to be present at an ALI meeting. After some discussion, they unanimously told me that the Institute could contribute significantly by promulgating Principles of the Law of Aggregate Litigation. They also told me that Professor Samuel Issacharoff of New York University was the best person in the country to lead the effort. I, no expert on this subject, accepted this advice, although I was worried that the project might engender unproductive dissonance between those who represent class action plaintiffs and those who speak for defendants. Now, with the project completed, I know that I received excellent advice. Sam Issacharoff accepted this challenge. He recruited three outstanding helpers, Dean Robert Klonoff and Professors Richard Nagareda and Charles Silver. First-class groups of Advisers and ALI members reviewed multiple drafts and provided helpful comments, as well as criticism that was almost always constructive. As we proudly publish this work, it is already clear that American courts are citing the recommended Principles and that law-reformers in Europe and Asia are finding the Principles useful as their countries consider procedural changes that would increase the use of collective lawsuits. This project has progressed more quickly than most of ALI's work, yet with no compromise of the Institute's traditional procedures for full debate and discussion. The efficiency of the work is largely the result of the intense commitment of the four Reporters. We are immensely grateful to them and to all who have advised them. We also thank LexisNexis Group for its generous financial support to this important project. . . . This has been a long and difficult undertaking for us. We came to this project familiar with the high-profile cases that dominate the field and with the academic debates that inform further analysis. Five years later, we conclude the project with a far greater appreciation for the difficulties of reconciling the demands of mass society with the rights and procedures generated by a long legal tradition in what were often far simpler times. . . . One of the difficulties in attempting to state the Principles of this area of law is the reality of the practice and the stakes in the underlying disputes. The bar is split between those on the plaintiff side and those on the defense side. The size of the cases and the difficulty of the law have created a relatively concentrated bar of extraordinarily skilled attorneys, a group of deeply involved judges, and some truly knowledgeable academics. From the beginning, the ALI sought to draw important representatives of all of these groups into this project as Advisers. Over the past five years, the participation and support of this group have been key to our being able even to get this project off the ground. In addition, we had the good fortune to benefit from the well-attended, well-informed, and lively meetings of the Members Consultative Group.
The Roman Foundations of the Law of Nations: Alberico Gentili and the Justice of Empire

Benedict Kingsbury and Benjamin Straumann

This book makes the under-explored argument that modern international law was built on the foundations of Roman law and Roman imperial practice. A pivotal figure in this enterprise was the Italian Protestant Alberico Gentili (1552–1608), the great Oxford Roman law scholar and advocate, whose books and legal opinions on law, war, empire, embassies, and maritime issues framed the emerging structure of inter-state relations in terms of legal rights and remedies drawn from Roman law, and built on Roman and scholastic theories of just war and imperial justice. The chapters examine the theory and practice of justice and law in Roman imperial wars and administration; Gentili's use of Roman materials; the influence on Gentili of Vitoria and Bodin and his impact on Grotius and Hobbes; and the ideas and influence of Gentili and other major thinkers from the 16th to the 18th centuries on issues, such as preventive self-defence, punishment, piracy, Europe's political and mercantile relations with the Ottoman Empire, commerce and trade, European and colonial wars and peace settlements, reason of state, justice, and the relations between natural law and observed practice in providing a normative and operational basis for international relations and what became international law. This book explores ways in which both the theory and the practice of international politics was framed in ways that built on these Roman private law and public law foundations, including concepts of rights. This history of ideas has continuing importance as European ideas of international law and empire have become global, partly accepted and partly contested elsewhere in the world.
Europe: The New Legal Realism: Essays in Honour of Hjalte Rasmussen

Henning Koch, Karsten Hagel-Sorensen, Ulrich Haltern, and Joseph H. H. Weiler

Prof. Hjalte Rasmussen, who has been associated with the Center for European Constitutionalization since its establishment, has held the professorship in EU Law and International Law at the University of Copenhagen since 1993. His reputation, however, reaches far beyond the borders of Denmark. Indeed, he has achieved wide international recognition that transcends his national identity. Many of the positions he has held - including that of visiting professor at the College of Europe in Bruges and chairman of several EU studies associations—attest to his singular standing amongst the community of European legal scholars in Europe and throughout the world. It is fair to say that Hjalte Rasmussen has irreversibly changed the way we think about EU law. From the early 1980s, he explored a whole new universe of legal thought, leaving behind what Martin Shapiro famously described, almost 30 years ago, as “constitutional law without politics, the written constitution as a sacred text, the professional commentary as legal truth, the case law as the inevitable working out of the correct implications of the constitutional text, and the constitutional court as the disembodied voice of right reason and constitutional teleology.” (Southern California Law Review 53 [1979-80], 537, 538). His dissociation from this picture, above all, is Rasmussen's stupendous and lasting legacy. Rasmussen never stated his points uncritically or without creating controversy. He has always lived by George Bernard Shaw's dictum: “A man never tells you anything until you contradict him!” In December 2010, Hjalte Rasmussen will turn 70. His colleagues and friends will mark the occasion with this festschrift, which includes contributors from all over the world. The book is a tribute to Rasmussen's many years of academic achievements in developing the theory and practice of European integration, and it is written in just that spirit, celebrating a deeply courageous, independent, humorous, and humane scholar.
Economics of Ancient Law

Geoffrey P. Miller

For this wide-ranging collection, Professor Miller has drawn on the work of the best-known scholars in this field to explore the relationship between economics and law in ancient societies. Topics covered include: the methodology of ancient economic law; the genesis, structure and limitations on liability in ancient law; the law and economics of the family; the economic structure of land law in ancient times; the management of criminal behavior; the regulation of contracts and commercial transactions; economic markets and institutions of ancient times; bankruptcy and risk; and the economics of constitutional and administrative law in ancient legal systems.
Secular Philosophy and the Religious Temperament: Essays 2002-2008

Thomas Nagel

This volume collects recent essays and reviews by Thomas Nagel in three subject areas. The first section, including the title essay, is concerned with religious belief and some of the philosophical questions connected with it, such as the relation between religion and evolutionary theory, the question of why there is something rather than nothing, and the significance for human life of our place in the cosmos. It includes a defense of the relevance of religion to science education. The second section concerns the interpretation of liberal political theory, especially in an international context. A substantial essay argues that the principles of distributive justice that apply within individual nation-states do not apply to the world as a whole. The third section discusses the distinctive contributions of four philosophers to our understanding of what it is to be human--the form of human consciousness and the source of human values.
Fundamentalism in American Religion and Law: Obama's Challenge to Patriarchy's Threat to Democracy

David A.J. Richards

Why, from Reagan to George Bush, have fundamentalists in religion and in law (originalists) exercised such political power and influence in the United States? Why has the Republican Party forged an ideology of judicial appointments (originalism) hostile to abortion and gay rights? Why and how did Barack Obama distinguish himself among Democratic candidates not only by his opposition to the Iraq war but by his opposition to originalism? This book argues that fundamentalism in both religion and law threatens democratic values and draws its appeal from a patriarchal psychology still alive in our personal and political lives and at threat from the constitutional developments since the 1960s. The argument analyzes this psychology (based on traumatic loss in intimate life) and resistance to it (based on the love of equals). Obama's resistance to originalism arises from his developmental history as a democratic, as opposed to patriarchal, man who resists the patriarchal demands on men and women that originalism enforces - in particular, the patriarchal love laws that tell people who and how and how much they may love.
Equality and Tradition: Questions of Value in Moral and Political Theory

Samuel Scheffler

This collection of essays by noted philosopher Samuel Scheffler combines discussion of abstract questions in moral and political theory with attention to the normative dimension of current social and political controversies. In addition to chapters on more abstract issues such as the nature of human valuing, the role of partiality in ethics, and the significance of the distinction between doing and allowing, the volume also includes essays on immigration, terrorism, toleration, political equality, and the normative significance of tradition. Uniting the essays is a shared preoccupation with questions about human value and values. The volume opens with an essay that considers the general question of what it is to value something - as opposed, say, to wanting it, wanting to want it, or thinking that it is valuable. Other essays explore particular values, such as equality, whose meaning and content are contested. Still others consider the tensions that arise, both within and among individuals, in consequence of the diversity of human values. One of the overarching aims of the book is to illuminate the different ways in which liberal political theory attempts to resolve conflicts of both of these kinds.
Breaking the Logjam: Environmental Protection That Will Work

David Schoenbrod, Richard B. Stewart, Katrina M. Wyman, and Deborah Paulus-Jagrič

After several decades of significant but incomplete successes, environmental protection in the United States is stuck. Administrations under presidents of both parties have fallen well short of the goals of their environmental statutes. Schoenbrod, Stewart, and Wyman, distinguished scholars in the field of environmental law, identify the core problems with existing environmental statutes and programs and explain how Congress can fix them. Based on a project the authors led that incorporated the work of more than fifty leading environmental experts, this book is a call to action through public understanding based on a nonpartisan argument for smarter, more flexible regulatory programs to stimulate the economy and encourage green technology.
Torture, Terror, and Trade-Offs: Philosophy for the White House

Jeremy Waldron

Torture, Terror, and Trade-offs Jeremy Waldron has been a challenging and influential voice in the moral, political and legal debates surrounding the response to terrorism since 9/11. His contributions have spanned the major controversies of the War on Terror including the morality and legality of torture, whether security can be 'balanced' with liberty, and the relationship between public safety and individual rights. He has also tackled underlying questions essential to understanding the practical debates - including what terrorism is, and what a right to security would entail. This volume collects all Waldron's work on these issues, including six published essays and two previously unpublished essays. It also includes a new introduction in which Waldron presents an overview of his contribution, and looks at the problems currently facing the Obama administration and the UK Government in dealing with the legacy of the Bush White House. The volume will be essential reading for all those engaged with contemporary politics, security law, and the continuing struggle for an ethical response to terrorism.