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Company Directors: Duties, Liabilities and Remedies

Edited by: Mark Arnold KC, Simon Mortimore KC
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The Rule of Law in the United States: An Unfinished Project of Black Liberation


ISBN13: 9781509954667
Published: June 2023
Publisher: Hart Publishing
Country of Publication: UK
Format: Paperback (Hardback in 2021)
Price: £42.99
Hardback edition , ISBN13 9781509939992



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What is the American rule of law? Is it a paradigm case of the strong constitutionalism concept of the rule of law or has it fallen short of its rule of law ambitions?

This book traces the promise and paradox of the American rule of law in three interwoven ways. It focuses on explicating the ideals of the American rule of law by asking: how do we interpret its history and the goals of its constitutional framers to see the rule of law ambitions its foundational institutions express?

It considers those constitutional institutions as inextricable from the problem of race in the United States and the tensions between the rule of law as a protector of property rights and the rule of law as a restrictor on arbitrary power and a guarantor of legal equality. In that context, it explores the distinctive role of Black liberation movements in developing the American rule of law.

Finally, it considers the extent to which the American rule of law is compromised at its frontiers, and the extent that those compromises undermine legal protections Americans enjoy in the interior. It asks how America reflects the legal contradictions of capitalism and empire outside its borders, and the impact of those contradictions on its external goals.

Subjects:
Other Jurisdictions , USA
Contents:
Introduction: Is America the Paragon of the Rule of Law?
The Methodological Problem: What is the Rule of Law, Anyway?
The Black Liberation Rule of Law
Where We're Going
1. Madison's Theory of General Law Versus Property and Slavery
The Special Position of Property
Slavery as Lawlessness
Slavery as Property
The Impossibility of Holding Slavery Within Its Bounds
2. The Fugitive Slave Acts, Judicial Independence, and the Jury
Judicial Independence and the Jury
Fugitive Slave Act of 1850: The Return of the Vice-Admiralty Court
The Rule of Law Debate about Northern Resistance to Slavery
3. Reconstruction and the Black Liberation Rule of Law
Black Authorship of The Reconstruction Amendments
Due Process and Equal Protection
4. Turning the Constitution Around: Black Liberation and the Rule of Law in the Last Century
Judge Lynch's Affront to the Rule of Law
The Second Liberation Movement: From Anti-Lynching to Criminal Justice
5. Security and Discretion: The Problem of Executive Power
Police as Executives: The Problem of Discretion in Street-Level Criminal Justice
Presidential Power in the National Security State
6. The Gavel and the Fist: The Problem of Sovereignty and Borders
The Plenary Power
Immigration 'Court': Barely Adjudication at All
The Tendency of Arbitrary Power to Metastasise Throughout the Legal System
Conclusion: Is There Any Hope for an American Rule of Law?
The Washington Consensus: Here Comes Property Again
The Crisis of the American Rule of Law: Reflections on Donald Trump

Bibliography
Index