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Faculty Books: Fall 2006

Religion and the Constitution, Volume I: Free Exercise and Fairness
Kent Greenawalt (Princeton University Press, 2006)

In his new two-volume work, Prof. Greenawalt addresses the challenge judges and lawmakers must face when considering constitutionally sanctioned religious freedom and tolerance and the laws and values of a liberal democracy, especially when religious groups seek exemption from the laws that govern American citizenry. This volume focuses on the Free Exercise Clause, one of the Constitution's two main clauses dealing with religion. Prof. Greenawalt begins by examining the clause and its origins, as well as relating a brief history of religious freedom. In the following chapters, he explores the main controversies that judges and lawmakers have confronted when balancing the competing demands of religious freedom, fairness, and constitutional validity. Volume 2 will focus on non-establishment.

The Limits of Leviathan: Contract Theory and the Enforcement of International Law
Robert E. Scott and Paul B. Stephan (Cambridge University Press, 2006)

This book examines international law both as a contractual agreement and cooperative interaction between nations and as authoritative decrees enforced by independent sanctions. Prof. Scott and Prof. Stephan of the University of Virginia Law School identify which areas of international law are most productively implemented through formal enforcement and which are not. The book specifically looks at the International Criminal Court, the rules for world trade, domestic judicial enforcement of international rulings and the Geneva Convention, the domain of international commercial agreements, and the question of international debt incurred by authoritarian governments. The book is unique in that it is the first to separate questions of international law enforcement from other issues of international law and the first to use modern contract theory - a product of law and economics - to illuminate the enforcement of international law.


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