Law

In Freedom’s Anchor, famed legal commentator Judge Andrew P. Napolitano makes the case for using natural law principles to restrain government. Going back to Aristotle, Augustine, and Aquinas, Judge Napolitano identifies the origins of Natural Law Theory and explains its growth and development in English and American law. He argues compellingly that the idea that our rights come from our humanity – and not from social consensus or government – is enshrined in the Ninth Amendment, authored by none other than James Madison himself, the scrivener of the Constitution, and is binding on the courts today.

Freedom’s Anchor is essentially a history of law and power in the United States as seen through the lens of Natural Law Theory. This work traces the Supreme Court’s explicit acceptance and explicit rejection of these principles. For the first time in one volume, Judge Napolitano gives us the universe of all published works in English (and some in Latin and in Spanish) on Natural Law Theory. He has scoured the Supreme Court’s writings and examined all that reflect favorably or unfavorably upon the principles of innate human freedom.

After having published nine previous books on the U.S. constitutional history, this is Judge Napolitano’s magnum opus. It reflects a lifetime of thinking and understanding by one of America’s preeminent legal thinkers. Scholars, judges, and law students will love this book. And non-lawyers who read this book – interested in the courts’ historical treatment of fundamental human freedoms and how we lost them – will say to each other: “Wow. I didn’t know that! There is still hope.”

Sex and Privacy in American Law presents empirical analyses of civil and criminal state court decisions applying the U.S. Supreme Court’s landmark decision in Lawrence v. Texas. After tracing key historical and legal developments leading up to the Lawrence decision’s decriminalization of sodomy on substantive due process grounds in 2003, the study employs both quantitative and qualitative content analyses of 307 cases citing Lawrence over the two decades since it was decided. Results indicate that judicial decisions rarely embraced broad readings of Lawrence in criminal cases. In fact, Lawrence’s long-term impact on criminal law has largely remained as limited as some commentators predicted shortly after the case was decided. In civil cases, courts tended not to rely on Lawrence significantly in most business and employment law cases. Courts that applied Lawrence in family law disputes – especially those involving same-sex couples – often construed the case narrowly at first, but broadened their interpretations after Obergefell v. Hodges brought marriage equality to the United States. Lawrence also impacted LGBTQ+ civil rights claims. Statistically significant geographic differences were found relating to how courts used Lawrence in those cases, with judges in Northeastern and Pacific coastal states having applied the precedent broadly, while judges in Southern and Midwestern states tending to have applied the case more narrowly. The implications are explored generally and within the specific context of the constriction of substantive due process rights in the wake Dobbs v. Jackson Women's Health Organization.

Hijab: Word of God or Word of Man? is the most comprehensive and exhaustive study of the subject of the Islamic veil to date. According to Muslim authorities, the Islamic veil is a religious obligation. For them, Muslim women who fail to wear the hijab commit a major sin that merits punishment in hell and even eternal damnation. Since the rise of Islamist movements in the twentieth century, some Muslims have gone as far as to mandate fines, imprisonment, physical punishment, rape, and even death for young girls and women who wear so-called “bad hijab,” or who fail to veil. What does the Qur’an really say regarding women’s dress? What does the hadith literature of Islam teach? How did Muslim women dress throughout history? What impact did culture have on the process? What moral and ethical conclusions can we draw regarding the rules governing women’s clothing? These are the questions that are answered in this seminal study.

The Law of Interrogations and Confessions traces the evolution of the primary approaches that U.S. courts have taken to regulating the interrogation of suspects by law enforcement officers. It examines the due process approach to the voluntariness of statements; the short-lived “focus of the investigation” test of Escobedo v. Illinois; the landmark Fifth Amendment approach announced in Miranda v. Arizona; and the Sixth Amendment’s right to counsel approach to regulating the “deliberate elicitation” of incriminating statements. Henry F. Fradella’s authoritative book focuses on lower court interpretations of leading U.S. Supreme Court precedents with regard to issues such as determining when someone is in “custody” and subject to “interrogation” for Fifth Amendment purposes; the form, manner, and timing of Miranda warnings; the impact of multiple interrogations; the validity and scope of expressed and implied waivers; and the counters of Sixth Amendment protections to preserve suspects’ rights to counsel in the interrogation context after formal criminal proceedings have been initiated.