In “Terror in the Balance: Security, Liberty, and the Courts” (Oxford University Press, 2007), Professor Adrian Vermeule ’93 and Eric Posner ’91 caution against burdening the executive branch with too many legal and procedural rules in times of war, saying that legislators and courts should not restrict the ability of the executive to make emergency decisions. The authors argue that executive performance during emergencies is not likely to be worse than during normal times, and that emergency conditions hamper congressional and judicial decision-making more than they hurt executive action.
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Professor J. Mark Ramseyer ’82, Curtis J. Milhaupt and Mark D. West are co-editors of “The Japanese Legal System: Cases, Codes, and Commentary” (Foundation Press, 2006). Drawing from sociology, anthropology, law and economics, the book addresses a wide range of subjects related to the Japanese legal system.
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“Criminal Procedure Stories” (Foundation Press, 2006), edited by Professor Carol Steiker ’86, presents the stories behind the major Supreme Court rulings that have shaped criminal procedure. Professor William J. Stuntz is a contributor to the volume. In her introduction, Steiker sets the tone with the question, “Who would have thought that the pornographic pencil doodle seized by the police from Dollree Mapp would lead to the incorporation of the Fourth Amendment exclusionary rule, or that Paul Hayes’ bad check to the Pic Pac grocery store would launch a thousand pleas?”
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In their new casebook, “Global Antitrust Law and Economics” (Foundation Press, 2007), co-editors Professor Einer Elhauge ’86 and Damien Geradin survey U.S. and foreign antitrust laws and make the argument that a growing body of laws from many countries must be consulted and obeyed by companies doing business globally. Competition law is increasingly international in scope, they contend, and lawyers practicing in this area must look well beyond the antitrust regimes of their own countries in order to properly advance the interests of their clients, especially multinational companies.