From the ancient origins of Just War doctrine to utilitarian and retributive theories of punishment, concepts of proportionality have long been an instrumental part of the rule of law and an essential check on government power. These concepts all embody the fundamental value that government and private actions should not be demonstrably excessive relative to their moral and practical justifications. In the American legal system, despite frequent though unacknowledged use of proportionality principles, there is no general theory of what permits courts to invalidate intrusive measures. In Proportionality Principles in American Law, two renowned legal scholars seek to advance such a theory. They argue that standards of review should be more clearly and precisely defined, and that in most circumstances every intrusive government measure which limits or threatens individual rights should undergo some degree of proportionality review. Across a wide range of legal contexts, E. Thomas Sullivan and Richard S. Frase identify three basic ways that government measures and private remedies have been found to be disproportionate: relative to fault; relative to alternative means of achieving the same practical purposes; and relative to the likely practical benefits of the measure or remedy. Using this structure, the book examines the origins and contemporary uses of proportionality principles in public law, civil liberties, and the criminal justice system, emphasizing the utility of proportionality principles to guide judicial review of excessive government measures. By constructing a new framework and a general theory for constitutional judicial review, Proportionality Principles in American Law will help courts more consistently and effectively apply proportionality principles to better serve their vital roles as guardians of individual rights and liberties.

Proportionality Principles in American Law: Controlling Excessive Government Actions

Frase, Richard S.

Sullivan, E. Thomas

Constitutional Law

Oxford University Press

Topics such as military tribunals, same-sex marriage, informative privacy, reproductive rights, affirmative action, and states' rights fill the landscape of contemporary legal debate and media discussion, and they all fall under the umbrella of the Due Process Clauses of the United States Constitution. However, what is not always fully understood is the constitutional basis of these rights, or the exact list of due process rights as they have evolved over time through judicial interpretation. In The Arc of Due Process in American Constitutional Law, Sullivan and Massaro describe the intricate history of what are currently considered due process rights, and maintain that modern constitutional theory and practice must adhere to it. The authors focus on the origins and contemporary uses of due process principles in American constitutional law, while offering an overarching description of the factors or normative concepts that allow courts to invalidate a government action on the grounds of due process. They also analyze judicial interpretations and expressions as a key manner and perhaps the most powerful source of how due process has taken form in the United States. In the process of charting this arc, the authors describe the judicial analysis of rights within each category applying an illustrative list, and identify several fundamental norms that span these disparate threads of due process and the most salient principles that animate due process doctrine.

The Arc of Due Process in American Constitutional Law

Massaro, Toni M.

Legal History

This Understanding treatise is designed to supplement any antitrust casebook. When the first edition was published over twenty years ago, the Supreme Court was in the midst of reshaping antitrust law to reflect its philosophy that it should adhere to the teachings of economics. During the six years since the Fourth Edition was published, this process has continued as the Court sought to achieve greater consistency. For example: The Court removed resale price maintenance (RPM) from the list of per se unlawful activities. The Court has also made it clear that it would treat secondary line price discrimination - perhaps the last remaining element of the populous antitrust philosophy of the 1960s - in a manner consistent with its emphasis on efficiency. The Court made one of its first forays into the theory of monopsony and addressed the question of how antitrust law applies to market power on the buying side of the market.   The process of rationalizing antitrust law is far from complete. For example, the Court's newly announced position on RPM raises a number of issues. Specifically, many past decisions by the Supreme Court and lower courts reflect either approval or disapproval of the per se status of RPM. Now that the rule has been changed, the relevance of that law is in question. In addition, a truly consistent antitrust policy requires close attention to various exemptions. Exemptions based on non economic considerations are hard to reconcile with the path the Court has chosen. Finally, in a global economy, matters of market power and the competitive impact of various agreements must be viewed from an international perspective.

Understanding Antitrust and Its Economic Implications (Legal Text)

Harrison, Jeffrey L.

Lexis Nexis/Matthew Bender

This Understanding treatise is designed to supplement any antitrust casebook. When the first edition was published over twenty years ago, the Supreme Court was in the midst of reshaping antitrust law to reflect its philosophy that it should adhere to the teachings of economics. During the six years since the Fourth Edition was published, this process has continued as the Court sought to achieve greater consistency. For example: 
<li>The Court removed resale price maintenance (RPM) from the list of per se unlawful activities. </li>
<li>The Court has also made it clear that it would treat secondary line price discrimination - perhaps the last remaining element of the populous antitrust philosophy of the 1960s - in a manner consistent with its emphasis on efficiency. </li>
<li>The Court made one of its first forays into the theory of monopsony and addressed the question of how antitrust law applies to market power on the buying side of the market. The process of rationalizing antitrust law is far from complete. For example, the Court's newly announced position on RPM raises a number of issues. Specifically, many past decisions by the Supreme Court and lower courts reflect either approval or disapproval of the per se status of RPM. Now that the rule has been changed, the relevance of that law is in question. In addition, a truly consistent antitrust policy requires close attention to various exemptions. Exemptions based on non economic considerations are hard to reconcile with the path the Court has chosen. Finally, in a global economy, matters of market power and the competitive impact of various agreements must be viewed from an international perspective.</li>

Understanding Antitrust and Its Economic Implications

Business

This casebook has a Teacher's Manual (available only to faculty, directly from the Publisher), and a 1998 Cumulative Supplement.

Antitrust Law, Policy, and Procedure: Cases, Materials, Problems

Hovenkamp,Herbert

Lexis&Nexis

Why do we protect free speech? What values does it serve? How has the Supreme Court interpreted the First Amendment? What has the Court gotten right and wrong? Why are current debates over free expression often so divisive? How can we do better? In this succinct but comprehensive and scholarly book, authors Len Niehoff and Thomas Sullivan tackle these pressing questions. Free Speech: From Core Values to Current Debates traces the development and evolution of the free speech doctrine in the Supreme Court and explores how the Court - with varying levels of success - has applied that doctrinal framework to "hard cases" and current controversies, such as those involving hate speech, speech on the internet, speech on campus, and campaign finance regulation. This is the perfect volume for anyone - student, general reader, or scholar - looking for an accessible overview of this critical topic.

Free Speech: From Core Values to Current Debates

Niehoff, Len

Cambridge University Press

This Understanding treatise is designed to supplement any antitrust casebook. When the first edition was published over twenty years ago, the Supreme Court was in the midst of reshaping antitrust law to reflect its philosophy that it should adhere to the teachings of economics. The seventh edition of Understanding Antitrust and Its Economic Implications attempts to offer an accurate and balanced description of the current state of antitrust law as well as its historical foundations and the evolution of the law. Although the state of the law has remained much the same since the last edition, applications of it continue to evolve. Highlights include: Implications concerning the use of leverage; Bundled discounts; Post-Leegin vertical restraints; New merger guidelines; Relevance of the Robinson and Patman Act; Summary judgment consequences; Strategies associated with delaying entry into a market; Insights into whether the goal of antitrust is efficiency or consumer welfare; and Conflicting opinions on whether the Foreign Trade Antitrust Improvements Act focuses on an antitrust claim or a jurisdictional issue.

Understanding Antitrust and Its Economic Implications (Understanding Series)

Harrison, Jeffrey

Carolina Academic Press

This unique casebook has a number of distinguishing features. Unlike traditional casebooks with their primary focus on case materials, the text presents a limited number of leading cases, coupled with extensive textual and note material reviewing existing doctrine and exploring unanswered legal and policy issues. This compact and comprehensive text aims to be state-of-the-art in the field of complex litigation and is designed for use in either two- or three-unit courses. In addition to structural issues, such as Internet jurisdiction, the use of "minimal diversity" as a basis for federal jurisdiction, and mechanisms for the coordination of overlapping federal and state litigation, the text contains in-depth discussion of the most recent developments in class action practice under Federal Rule 23; appointment and compensation of lead and class counsel; operation of the multidistrict statute; choice of law issues in multijurisdictional cases; and preclusion issues raised by complex cases, including limits on the use of non-party preclusion under the Supreme Court's decision in Taylor v. Sturgell. The text also examines core aspects of the complex litigation process itself, including judicial management of the pre-trial process, the conduct and control of discovery with a focus on the burgeoning field of electronic discovery including metadata, and mechanisms for disposing of cases without trial, including comprehensive treatment of the Supreme Court's recent decisions facilitating dismissal of cases on the pleadings, and the increasing prevalence of arbitration and waivers of class arbitration. The third edition of Complex Litigation is current on cutting-edge issues while still paying attention to the fundamentals.

Complex Litigation

Freer, Richard

Clary, Bradley

Rules & Procedures

This innovative and popular casebook focuses on teaching antitrust through the best legal precedents available. It emphasizes current judicial opinions and includes dissents where relevant to help students grasp the issues. The notes reflect a balanced approach to the competing ideologies of left, right, and center confronting their defects and presenting their strengths. Professors who are strongly committed to a particular ideology should find plenty of material to criticize or, alternatively, to illustrate their view.

Shelanski, Howard

Leslie, Christopher

See the best price to sell, buy, or rent books by Sullivan, E. Thomas. BookScouter helps to compare book prices from 25+ online bookstores and 30+ buyback vendors with a single search.

Books by Sullivan, E. Thomas

See the best price to sell, buy, or rent books by Sullivan, E. Thomas. BookScouter helps to compare book prices from 25+ online bookstores and 30+ buyback vendors with a single search.

Proportionality Principles in American Law: Controlling Excessive Government Actions

The Arc of Due Process in American Constitutional Law

Understanding Antitrust and Its Economic Implications (Legal Text)

Understanding Antitrust and Its Economic Implications

Antitrust Law, Policy, and Procedure: Cases, Materials, Problems

Antitrust Law, Policy, and Procedure: Cases, Materials, Problems

Free Speech: From Core Values to Current Debates

Understanding Antitrust and Its Economic Implications (Understanding Series)

Complex Litigation

Antitrust Law, Policy, and Procedure: Cases, Materials, Problems