Thomas W. Merrill - Böcker

The Oxford Introductions to U.S. Law: Property provides both a bird's eye overview of property law and an introduction to how property law affects larger concerns with individual autonomy, personhood, and economic organization. Written by two authorities on property law, this book gives students of property a coherent account of how property law works, with an emphasis on describing the central issues and policy debates. It is designed for law students who want a short and theoretically integrated treatment of the subject, as well as for lawyers who are interested in the conceptual foundations of the law of property.

This collection of essays, commissioned by the President's Council on Bioethics, explores a fundamental concept crucial to today's discourse in law and ethics in general and in bioethics in particular. Since its formation in 2001, the council has frequently used the term "human dignity" in its discussions and reports. In this volume scholars from the fields of philosophy, medicine and medical ethics, law, political science, and public policy address the issue of what the concept of "human dignity" entails and its proper role in bioethical controversies. Human Dignity and Bioethics is an attempt to clarify a controversial concept, one that is a critical component in the decisions of policymakers. Contributors: Adam Schulman, F. Daniel Davis, Daniel C. Dennett, Robert P. Kraynak, Alfonso Gómez-Lobo, Patricia S. Churchland, Gilbert Meilaender, Holmes Rolston III, Charles Rubin, Nick Bostrom, Richard John Neuhaus, Peter Augustine Lawler, Diana Schaub, Leon R. Kass, Susan M. Shell, Martha Nussbaum, David Gelernter, Patrick Lee, Robert P. George, Paul Weithman, Daniel P. Sulmasy, O.F.M., Rebecca Dresser, and Edmund D. Pellegrino.

A leading expert on the administrative state describes the past, present, and future of the immensely consequential—and equally controversial—legal doctrine that has come to define how Congress’s laws are applied by the executive branch.The Constitution makes Congress the principal federal lawmaker. But for a variety of reasons, including partisan gridlock, Congress increasingly fails to keep up with the challenges facing our society. Power has inevitably shifted to the executive branch agencies that interpret laws already on the books and to the courts that review the agencies’ interpretations.Since the Supreme Court’s 1984 decision in Chevron v. Natural Resources Defense Council, this judicial review has been highly deferential: courts must uphold agency interpretations of unclear laws as long as these interpretations are “reasonable.” But the Chevron doctrine faces backlash from constitutional scholars and, now, from Supreme Court justices who insist that courts, not administrative agencies, have the authority to say what the law is. Critics of the administrative state also charge that Chevron deference enables unaccountable bureaucratic power. Thomas Merrill reviews the history and immense consequences of the Chevron doctrine and suggests a way forward. Recognizing that Congress cannot help relying on agencies to carry out laws, Merrill rejects the notion of discarding the administrative state. Instead, he focuses on what should be the proper relationship between agencies and courts in interpreting laws, given the strengths and weaknesses of these institutions. Courts are better at enforcing the rule of law and constitutional values; agencies have more policy expertise and receive more public input. And, unlike courts, agencies are subject to at least some political discipline.The best solution, Merrill suggests, is not of the either-or variety. Neither executive agencies nor courts alone should pick up the slack of our increasingly ineffectual legislature.

“Wise and illuminating…Merrill’s treatment of the rise of Chevron, and its various twists and turns over the decades, is keenly insightful.” —Cass R. Sunstein, New York Review of Books “Merrill is one of the brightest and best scholars of administrative law in his generation. This book...is must-reading for any citizen who has an interest in the constitutionality of the administrative state.” —Steven G. Calabresi, Northwestern University Pritzker School of Law “A model of how to conduct rigorous, level-headed, and fair-minded analysis of a subject that has generated enormous legal controversy. There is no more judicious mind among American legal scholars than Thomas Merrill’s.”—Nicholas Parrillo, Yale Law School “A must-read for practicing or prospective administrative lawyers. They, as well as a broader audience, will find much good sense in the author’s judicious treatment of perennial questions of lawful government.”—Michael S. Greve, Claremont Review of Books The Constitution makes Congress the principal federal lawmaker. But for a variety of reasons, including partisan gridlock, Congress increasingly fails to keep up with the challenges facing our society. Power has shifted to the executive branch agencies that interpret laws and to the courts that review their interpretations. Since the Supreme Court’s 1984 decision in Chevron v. Natural Resources Defense Council, this judicial review has been highly deferential: courts must uphold agency interpretations of unclear laws so long as these are “reasonable.” But the Chevron doctrine faces backlash from constitutional scholars and, now, from Supreme Court justices who insist that courts, not administrative agencies, have the authority to say what the law is. Critics of the administrative state charge that Chevron deference enables unaccountable bureaucratic power. In this groundbreaking book, Thomas Merrill reviews the history and consequences of the Chevron doctrine and suggests a way forward.

Why does the Civil War still speak to us so powerfully? If we listen to the most thoughtful, forceful, and passionate voices of that day we find that many of the questions at the heart of that conflict are also central to the very idea of America—and that many of them remain unresolved in our own time. The Political Thought of the Civil War offers us the opportunity to pursue these questions from a new, critical perspective as leading scholars of American political science, history, and literature engage in some of the crucial debates of the Civil War era—and in the process illuminate more clearly the foundation and fault lines of the American regime.The essays in this volume use practical dilemmas of the Civil War to reveal and probe fundamental questions about the status of slavery and race in the American founding, the tension between moralism and constitutionalism, and the problem of creating and sustaining a multiracial society on the basis of the original principles of the American regime. Adopting a deliberative approach, the authors revisit the words and deeds of the most important political actors of era, from William Lloyd Garrison, John C. Calhoun, and Abraham Lincoln to Alexander Stephens and Frederick Douglass, with reference to the American Founders and the architects of Reconstruction. The essays in this volume consider the difficult choices each of these figures made, the specific problems they were responding to, and the consequences of those choices. As this book exposes and explores the theoretical principles at play within their historical context, it also offers vivid reminders of how the great controversies surrounding the Civil War continue to shape American political life to this day.

Leon R. Kass has been helping Americans better understand the human condition for over four decades—as a teacher, writer, scholar, public champion of the humanities, and defender of human dignity. From bioethics to civic education, from interpreting the Bible to weighing the moral implications of modern science, Kass has offered wisdom, guidance, and instruction. In this volume, fifteen of Kass's admirers, including students, colleagues, and friends, honor his work by reflecting on the broad range of subjects to which he has devoted his life's work. Some of the essays offer interpretations of great works of literature and philosophy from Homer, Sophocles, and Plato to Rousseau, Franklin, Jane Austen, Hawthorne, and Henry James. Others examine the significance of Leon Kass's work as a bioethicist and Chairman of the President's Council on Bioethics and as an interpreter of the Book of Genesis. The essays collected in Apples of Gold in Pictures of Silver offer a sense of the breadth of Kass's interests and insights and of the influence he has had on generations of scholars. The reader is further acquainted with the career of Leon R. Kass by a biographical introduction and a comprehensive listing of his published writings and the courses he has taught.

Leon R. Kass has been helping Americans better understand the human condition for over four decades—as a teacher, writer, scholar, public champion of the humanities, and defender of human dignity. From bioethics to civic education, from interpreting the Bible to weighing the moral implications of modern science, Kass has offered wisdom, guidance, and instruction. In this volume, fifteen of Kass's admirers, including students, colleagues, and friends, honor his work by reflecting on the broad range of subjects to which he has devoted his life's work. Some of the essays offer interpretations of great works of literature and philosophy from Homer, Sophocles, and Plato to Rousseau, Franklin, Jane Austen, Hawthorne, and Henry James. Others examine the significance of Leon Kass's work as a bioethicist and Chairman of the President's Council on Bioethics and as an interpreter of the Book of Genesis. The essays collected in Apples of Gold in Pictures of Silver offer a sense of the breadth of Kass's interests and insights and of the influence he has had on generations of scholars. The reader is further acquainted with the career of Leon R. Kass by a biographical introduction and a comprehensive listing of his published writings and the courses he has taught.

'Methinks I am like a man, who having narrowly escap'd shipwreck', David Hume writes in A Treatise of Human Nature, 'has yet the temerity to put out to sea in the same leaky weather-beaten vessel, and even carries his ambition so far as to think of compassing the globe'. With these words, Hume begins a memorable depiction of the crisis of philosophy and his turn to moral and political philosophy as the path forward. In this groundbreaking work, Thomas W. Merrill shows how Hume's turn is the core of his thought, linking Hume's metaphysical and philosophical crisis to the moral-political inquiries of his mature thought. Merrill shows how Hume's comparison of himself to Socrates in the introduction to the Treatise illuminates the dramatic structure and argument of the book as a whole, and he traces Hume's underappreciated argument about the political role of philosophy in the Essays.

'Methinks I am like a man, who having narrowly escap'd shipwreck', David Hume writes in A Treatise of Human Nature, 'has yet the temerity to put out to sea in the same leaky weather-beaten vessel, and even carries his ambition so far as to think of compassing the globe'. With these words, Hume begins a memorable depiction of the crisis of philosophy and his turn to moral and political philosophy as the path forward. In this groundbreaking work, Thomas W. Merrill shows how Hume's turn is the core of his thought, linking Hume's metaphysical and philosophical crisis to the moral-political inquiries of his mature thought. Merrill shows how Hume's comparison of himself to Socrates in the introduction to the Treatise illuminates the dramatic structure and argument of the book as a whole, and he traces Hume's underappreciated argument about the political role of philosophy in the Essays.

How did Chicago, a city known for commerce, come to have such a splendid public waterfront—its most treasured asset? Lakefront reveals a story of social, political, and legal conflict in which private and public rights have clashed repeatedly over time, only to produce, as a kind of miracle, a generally happy ending. Joseph D. Kearney and Thomas W. Merrill study the lakefront's evolution from the middle of the nineteenth century to the twenty-first. Their findings have significance for understanding not only Chicago's history but also the law's part in determining the future of significant urban resources such as waterfronts. The Chicago lakefront is where the American public trust doctrine, holding certain public resources off limits to private development, was born. This book describes the circumstances that gave rise to the doctrine and its fluctuating importance over time, and reveals how it was resurrected in the later twentieth century to become the primary principle for mediating clashes between public and private lakefront rights. Lakefront compares the effectiveness of the public trust idea to other property doctrines, and assesses the role of the law as compared with more institutional developments, such as the emergence of sanitary commissions and park districts, in securing the protection of the lakefront for public uses. By charting its history, Kearney and Merrill demonstrate that the lakefront's current status is in part a product of individuals and events unique to Chicago. But technological changes, and a transformation in social values in favor of recreational and preservationist uses, also have been critical. Throughout, the law, while also in a state of continual change, has played at least a supporting role.