In this history of debate over journalists¿ confidential sources, starting in 1894, Smith employs contemporary theories of constitutional interpretation to weave a surprising narrative melding legislature-made statutory law and court-made constitutional law. Working under the banner of ¿popular constitutionalism,¿ Smith tests Michael Gerhardt¿s theory of non-judicial precedents to illuminate the role journalists and press advocates played in shaping the path of constitutional law and giving voice to deeply felt First Amendment values. Along the way, the author corrects the historical record in important ways, including recasting events that led to the nation¿s first shield law in 1896.

"We are at a moment in world affairs when the essential ideas that govern statecraft must change. For five centuries it has taken the resources of a state to destroy another state . . . This is no longer true, owing to advances in international telecommunications, rapid computation, and weapons of mass destruction. The change in statecraft that will accompany these developments will be as profound as any that the State has thus far undergone." —from the Prologue The Shield of Achilles is a classic inquiry into the nature of the State, its origin in war, and its drive for peace and legitimacy. Philip Bobbitt, a professor of constitutional law and a historian of nuclear strategy, has served in the White House, the Senate, the State Department, and the National Security Council in both Democratic and Republican administrations, and here he brings his formidable experience and analytical gifts to bear on our changing world. Many have observed that the nation-state is dying, yet others have noted that the power of the State has never been greater. Bobbitt reconciles this paradox and introduces the idea of the market-state, which is already replacing its predecessor. Along the way he treats such themes as the Long War (which began in 1914 and ended in 1990). He explains the relation of violence to legitimacy, and the role of key individuals in fates that are partially—but only partially—determined. This book anticipates the coalitional war against terrorism and lays out alternative futures for the world. Bobbitt shows how nations might avoid the great power confrontations that have a potential for limitless destruction, and he traces the origin and evolution of the State to such wars and the peace conferences that forged their outcomes into law, from Augsburg to Westphalia to Utrecht to Vienna to Versailles. The author paints a powerful portrait of the ever-changing interrelatedness of our world, and he uses his expertise in law and strategy to discern the paths that statehood will follow in the coming years and decades. Timely and perceptive, The Shield of Achilles will change the way we think about the world.

The fourth edition of this work has involved a thorough rewrite. Each chapter has been looked at again from beginning to end, with fresh choices in some cases made for extracts to bring the book up to date for new materials and scholarship and some material rewritten to provide clearer explanation. While all chapters contain changes, some have involved a more fundamental rewrite. The Supplement below, details changes from the 3rd edition to the 4th edition. For example, the chapters on the executive as well as characterisation and the trade and commerce power have been rewritten to provide a more straightforward structure and to provide greater clarity and contemporary relevance. Other changes have been made in order to restructure the book and to provide room for the substantial new material. Overall, the book is roughly the same length as the last edition due to cuts and streamlining. This has also involved rethinking the placement of some material, such as to group together the grants and appropriations powers of the Commonwealth. The material dealing with human rights has been substantially restructured with the chapters dealing with the implied freedom of political communication rewritten to take account of new developments and to provide space for major new cases. The final chapter on constitutional change has also been reworked to include a section dealing on Bill of Rights issues as a contrast to that on the republic.

There is extraordinary variation in how governments treat multinational corporations in emerging economies; in fact, governments around the world have nationalized or eaten away at the value of foreign-owned property in violation of international treaties. This even occurs in poor countries, where governments are expected to, at a minimum, respect the contracts they make with foreign firms lest foreign capital flee. In The Shield of Nationality, Rachel Wellhausen introduces foreign-firm nationality as a key determinant of firms' responses to government breaches of contract. Firms of the same nationality are likely to see a compatriot's broken contract as a forewarning of their own problems, leading them to take flight or fight. In contrast, firms of other nationalities are likely to meet the broken contract with apparent indifference. Evidence includes quantitative analysis and case studies that draw on field research in Ukraine, Moldova, and Romania.

With relentless media coverage, breathtaking events, and extraordinary congressional and independent investigations, it is hard to believe that we might not know some of the most significant facts about the presidency of George W. Bush. Yet beneath the surface events of the Bush presidency lies a secret history -- a series of hidden events that makes a mockery of many of the stories on the surface. This hidden history involves domestic spying, abuses of power, and outrageous operations. It includes a CIA that became caught in a political crossfire it could not withstand, even against the wishes of the commander-in-chief. It features a president who created a sphere of deniability, in which his top aides were briefed on matters of the utmost sensitivity -- but the president was carefully kept in ignorance. STATE OF WAR reveals this hidden history for the first time, including scandals that will redefine the Bush presidency.

In 'Law's Empire', Ronald Dworkin relects on the nature of the law, its authority, its application in democracy, the prominent role of interpretation in judgement and the relations of lawmakers and lawgivers in the community.

More than any other people on earth, we Americans are free to say and write what we think. The press can air the secrets of government, the corporate boardroom, or the bedroom with little fear of punishment or penalty. This extraordinary freedom results not from America’s culture of tolerance, but from fourteen words in the constitution: the free expression clauses of the First Amendment.InFreedom for the Thought That We Hate, two-time Pulitzer Prize-winner Anthony Lewis describes how our free-speech rights were created in five distinct areas—political speech, artistic expression, libel, commercial speech, and unusual forms of expression such as T-shirts and campaign spending. It is a story of hard choices, heroic judges, and the fascinating and eccentric defendants who forced the legal system to come face to face with one of America’s great founding ideas.