Some say the fetus is the “tiniest citizen.” If so, then the bodies of women themselves have become political arenas—or, recent cases suggest, battlefields. A cocaine-addicted mother is convicted of drug trafficking through the umbilical cord. Women employees at a battery plant must prove infertility to keep their jobs. A terminally ill woman is forced to undergo a cesarean section. No longer concerned with conception or motherhood, the new politics of fetal rights focuses on fertility and pregnancy itself, on a woman’s relationship with the fetus. How exactly, Cynthia Daniels asks, does this affect a woman’s rights? Are they different from a man’s? And how has the state helped determine the difference? The answers, rigorously pursued throughout this book, give us a clear look into the state’s paradoxical role in gender politics—as both a challenger of injustice and an agent of social control.
In benchmark legal cases concerned with forced medical treatment, fetal protectionism in the workplace, and drug and alcohol use and abuse, Daniels shows us state power at work in the struggle between fetal rights and women’s rights. These cases raise critical questions about the impact of gender on women’s standing as citizens, and about the relationship between state power and gender inequality. Fully appreciating the difficulties of each case, the author probes the subtleties of various positions and their implications for a deeper understanding of how a woman’s reproductive capability affects her relationship to state power. In her analysis, the need to defend women’s right to self-sovereignty becomes clear, but so does the need to define further the very concepts of self-sovereignty and privacy.
The intensity of the debate over fetal rights suggests the depth of the current gender crisis and the force of the feelings of social dislocation generated by reproductive politics. Breaking through the public mythology that clouds these debates, At Women’s Expense makes a hopeful beginning toward liberating woman’s body within the body politic.
In America, we are eager to claim ownership: our homes, our ideas, our organs, even our own celebrity. But beneath our nation’s proprietary longing looms a troublesome question: what does it mean to own something? More simply: what is property?
The question is at the heart of many contemporary controversies, including disputes over who owns everything from genetic material to indigenous culture to music and film on the Internet. To decide if and when genes or culture or digits are a kind of property that can be possessed, we must grapple with the nature of property itself. How does it originate? What purposes does it serve? Is it a natural right or one created by law?
Accessible and mercifully free of legal jargon, American Property reveals the perpetual challenge of answering these questions, as new forms of property have emerged in response to technological and cultural change, and as ideas about the appropriate scope of government regulation have shifted. This first comprehensive history of property in the United States is a masterly guided tour through a contested human institution that touches all aspects of our lives and desires.
Stuart Banner shows that property exists to serve a broad set of purposes, constantly in flux, that render the idea of property itself inconstant. Despite our ideals of ownership, property has always been a means toward other ends. What property signifies and what property is, we come to see, has consistently changed to match the world we want to acquire.
Markets run on information. Buyers make decisions by relying on their knowledge of the products available, and sellers decide what to produce based on their understanding of what buyers want. But the distribution of market information has changed, as consumers increasingly turn to sources that act as intermediaries for information—companies like Yelp and Google. Antitrust Law in the New Economy considers a wide range of problems that arise around one aspect of information in the marketplace: its quality.
Sellers now have the ability and motivation to distort the truth about their products when they make data available to intermediaries. And intermediaries, in turn, have their own incentives to skew the facts they provide to buyers, both to benefit advertisers and to gain advantages over their competition. Consumer protection law is poorly suited for these problems in the information economy. Antitrust law, designed to regulate powerful firms and prevent collusion among producers, is a better choice. But the current application of antitrust law pays little attention to information quality.
Mark Patterson discusses a range of ways in which data can be manipulated for competitive advantage and exploitation of consumers (as happened in the LIBOR scandal), and he considers novel issues like “confusopoly” and sellers’ use of consumers’ personal information in direct selling. Antitrust law can and should be adapted for the information economy, Patterson argues, and he shows how courts can apply antitrust to address today’s problems.
In the twentieth century, American society has experienced a “rights revolution”: a commitment by the national government to promote a healthful environment, safe products, freedom from discrimination, and other rights unknown to the founding generation. This development has profoundly affected constitutional democracy by skewing the original understanding of checks and balances, federalism, and individual rights. Cass Sunstein tells us how it is possible to interpret and reform this regulatory state regime in a way that will enhance freedom and welfare while remaining faithful to constitutional commitments.
Sunstein vigorously defends government regulation against Reaganite/Thatcherite attacks based on free-market economics and pre–New Deal principles of private right. Focusing on the important interests in clean air and water, a safe workplace, access to the air waves, and protection against discrimination, he shows that regulatory initiatives have proved far superior to an approach that relies solely on private enterprise. Sunstein grants that some regulatory regimes have failed and calls for reforms that would amount to an American perestroika: a restructuring that embraces the use of government to further democratic goals but that insists on the decentralization and productive potential of private markets.
Sunstein also proposes a theory of interpretation that courts and administrative agencies could use to secure constitutional goals and to improve the operation of regulatory programs. From this theory he seeks to develop a set of principles that would synthesize the modern regulatory state with the basic premises of the American constitutional system. Teachers of law, policymakers and political scientists, economists and historians, and a general audience interested in rights, regulation, and government will find this book an essential addition to their libraries.
Nearly every middle-aged and older worker, at some time during his or her career, will suffer age discrimination in the workplace. Employers too often use early-retirement plans, restructurings, and downsizings to dismiss older workers. Many of these individuals are unwillingly ushered into earlier-than-planned retirements, are denied promotions, or are terminated. The baby-boomer generation now accounts for just under 50 percent of the entire workforce. A vast army of workers now stands ready to contest employer acts of age discrimination.
Attorney Raymond Gregory addresses himself to the millions of workers who think they might be facing age discrimination and traces the history of the federal measures enacted to assist workers in contesting unlawful employer conduct. He explains how the law works and presents actual court cases to demonstrate the ways that workers have challenged their employers. The cases help to illustrate legal principles in real-life experiences and many of the cases relate compelling stories of workers caught up in a web of employer discriminatory conduct. Gregory has eliminated all legal jargon, ensuring that all concepts are clear to his readers. Individuals will turn to this book again and again to obtain authoritative background on this important topic.
Robert W. Kaps examines air transport labor law in the United States as well as the underlying legislative and policy directives established by the federal government. The body of legislation governing labor relations in the private sector of the U.S. economy consists of two separate and distinct acts: the Railway Labor Act (RLA), which governs labor relations in the railroad and airline industries, and the National Labor Relations Act (NLRA), which governs labor relations in all other industrial sectors.
Although the NLRA closely follows the pattern established by the RLA, Kaps notes that the two laws are distinguishable in several important areas. Labor contracts negotiated under the RLA continue in perpetuity, for example, whereas all other labor contracts expire at a specified date. Other important areas of difference relate to the collective bargaining process itself, the procedures for the arbitration of disputes and grievances, and the spheres of authority and jurisdiction to consider such matters as unfair labor practices.
Congress established a special labor law for railroad and airline workers for several reasons. Because of transportation’s critical importance to the economy, an essential goal of public policy has been to ensure that both passenger and freight transportation services continue without interruption. Production can cease—at least temporarily—in most other industries without causing significant harm to the economy. When transportation stops, however, production stops. Thus Congress saw fit to enact a statute that contained provisions to ensure that labor strife would not halt rail services. Primarily because of the importance of air mail transportation, the Railway Labor Act of 1926 was extended to the airline industry in 1936.
The first section of this book introduces labor policy and presents a history of the labor movement in the United States. Discussing early labor legislation, Kaps focuses on unfair labor practices and subsequent major labor statutes.
The second section provides readers with a comparison of labor provisions that apply to the railroad and airline industries as well as to the remainder of the economy.
The final section centers on the evolution of labor in the airline industry. The author pays particular attention to recent events affecting labor in commercial aviation, particularly the effect of airline deregulation on airline labor.
In the five decades after the Civil War, the United States witnessed a profusion of legal institutions designed to cope with the nation’s exceptionally acute industrial accident crisis. Jurists elaborated the common law of torts. Workingmen’s organizations founded a widespread system of cooperative insurance. Leading employers instituted welfare-capitalist accident relief funds. And social reformers advocated compulsory insurance such as workmen’s compensation.
John Fabian Witt argues that experiments in accident law at the turn of the twentieth century arose out of competing views of the loose network of ideas and institutions that historians call the ideology of free labor. These experiments a century ago shaped twentieth- and twenty-first-century American accident law; they laid the foundations of the American administrative state; and they occasioned a still hotly contested legal transformation from the principles of free labor to the categories of insurance and risk. In this eclectic moment at the beginnings of the modern state, Witt describes American accident law as a contingent set of institutions that might plausibly have developed along a number of historical paths. In turn, he suggests, the making of American accident law is the story of the equally contingent remaking of our accidental republic.
"Pain is pain, irrespective of the race, sex, or species of the victim," states William Kunstler in his foreword. This moral concern for the suffering of animals and their legal status is the basis for Gary L. Francione's profound book, which asks, Why has the law failed to protect animals from exploitation?
Francione argues that the current legal standard of animal welfare does not and cannot establish fights for animals. As long as they are viewed as property, animals will be subject to suffering for the social and economic benefit of human beings.
Exploring every facet of this heated issue, Francione discusses the history of the treatment of animals, anticruelty statutes, vivisection, the Federal Animal Welfare Act, and specific cases such as the controversial injury of anaesthetized baboons at the University of Pennsylvania. He thoroughly documents the paradoxical gap between our professed concern with humane treatment of animals and the overriding practice of abuse permitted by U.S. law.
How colleges and universities can respond to legal pressures while remaining true to their educational missions.
Not so long ago, colleges and universities had little interaction with the law. In the 1970s, only a few well-heeled universities even employed in-house legal counsel. But now we live in the age of tenure-denial lawsuits, free speech battles, and campus sexual assault investigations. Even athletics rules violations have become a serious legal matter. The pressures of regulation, litigation, and legislation, Louis Guard and Joyce Jacobsen write, have fostered a new era in higher education, and institutions must know how to respond.
For many higher education observers and participants, including most administrators and faculty, the maze of legal mandates and potential risks can seem bewildering. Guard, a general counsel with years of higher education law experience, and Jacobsen, a former college president, map this unfamiliar terrain. All the Campus Lawyers provides a vital, up-to-date assessment of the impact of legal concerns on higher education and helps readers make sense of the most pressing trends and issues, including civil rights; free speech and expression; student life and wellness; admissions, advancement, and community relations; governance and oversight; the higher education business model; and on-campus crises, from cyberattacks to pandemics.
As well as informing about the latest legal and regulatory developments affecting higher education, Guard and Jacobsen offer practical guidance to those in positions of campus authority. There has never been a more crucial time for college and university boards, presidents, inside and outside counsel, and other higher education leaders to know the law and prepare for legal challenges.
“The best kind of scholarship—deeply researched and immensely useful. Wherever you stand on issues of free speech and academic freedom, you will learn from this book.”
—Michael Roth, President of Wesleyan University and author of Safe Enough Spaces
A definitive interpretation of academic freedom as a First Amendment right, drawing on a comprehensive survey of legal cases.
Is academic freedom a First Amendment right? Many think so, yet its relationship to free speech as guaranteed by the Constitution is anything but straightforward. David Rabban examines the extensive case law addressing academic freedom and free speech at American universities, developing a robust theory of academic freedom as a distinctive subset of First Amendment law.
In subsuming academic freedom under the First Amendment, Rabban emphasizes the societal value of the contribution to knowledge made by the expert speech of professors, the classic justification for academic freedom in the influential 1915 Declaration of the American Association of University Professors (AAUP). Any indication that professors might be disciplined because people without academic training disagree with their scholarly views would undermine confidence in the integrity of their work and therefore their ability to perform this vital function on behalf of the public. Rabban argues that academic freedom fosters two central First Amendment values recognized by courts in a wide range of contexts: the production and dissemination of knowledge and the contribution of free expression to democratic citizenship.
The First Amendment right of academic freedom applies most directly to professors, but it also plausibly extends to the educational decisions of universities and to students’ learning interests. More broadly, this vision of academic freedom can guide in developing additional distinctive First Amendment rights to protect the expert expression of journalists, librarians, museum curators, and other professionals. At a time when academic freedom is under attack from many directions, Academic Freedom proposes a theoretically satisfying and practically useful guide to its meaning as a First Amendment right.
The Constitution of the United States is the product of a revolution in political thought as momentous as the winning of American independence. This profusely illustrated volume is a magnificent tribute to the oldest surviving charter of a federal republic. In a felicitous blend of words and pictures, Richard B. Bernstein retells the entire story of this revolution: the problems under the Articles of Confederation; the intense, often vituperative debate between Americans and Europeans over the brave new republican experiment; the arguing, reasoning, and reconciliation of interests before, during, and after the Federal Convention in 1787; the often bitter struggle for ratification in the thirteen states and the critical importance of The Federalist in the accompanying propaganda war; the beginnings of government under the Constitution; and the states' adoption of the Bill of Rights.
The delegates to the Federal Convention were the foremost men of their states and regions—bookish but not reclusive, activist but not undisciplined, principled but not rigid. Bernstein's colorful description of the intellectual and political ferment they first created and then controlled brings to life their heroic effort. Along with these lost chapters of our history, he shows how experiments in government were a critical part of Americans' attempts to define their identity as a nation and a people.
The Constitution was the result of no miracle; the outcome was never foreordained. A blend of theory and practicality, it was to be understood by all, not just by experts, and was no talisman against evils or unyielding to new experiences. As it bound up the founding generation, it was to be a guide to their successors. Illuminating his discussion—and our understanding—of the Constitution is a huge array of rare, in some cases unique, documents assembled by The New York Public Library for its exhibition commemorating the bicentennial of the Constitution.
Here in a newly annotated edition are the two founding documents of the United States of America: the Declaration of Independence (1776), our great revolutionary manifesto, and the Constitution (1787–88), in which “We the People” forged a new nation and built the framework for our federal republic. Together with the Bill of Rights and the Civil War amendments, these documents constitute what James Madison called our “political scriptures” and have come to define us as a people. Now a Pulitzer Prize–winning historian serves as a guide to these texts, providing historical contexts and offering interpretive commentary.
In an introductory essay written for the general reader, Jack N. Rakove provides a narrative political account of how these documents came to be written. In his commentary on the Declaration of Independence, Rakove sets the historical context for a fuller appreciation of the important preamble and the list of charges leveled against the Crown. When he glosses the Constitution, the Bill of Rights, and the subsequent amendments, Rakove once again provides helpful historical background, targets language that has proven particularly difficult or controversial, and cites leading Supreme Court cases. A chronology of events provides a framework for understanding the road to Philadelphia. The general reader will not find a better, more helpful guide to our founding documents than Jack N. Rakove.
The U.S. Constitution opens by proclaiming the sovereignty of all citizens: “We the People.” Robert Tsai’s gripping history of alternative constitutions invites readers into the circle of those who have rejected this ringing assertion—the defiant groups that refused to accept the Constitution’s definition of who “the people” are and how their authority should be exercised.
America’s Forgotten Constitutions is the story of America as told by dissenters: squatters, Native Americans, abolitionists, socialists, internationalists, and racial nationalists. Beginning in the nineteenth century, Tsai chronicles eight episodes in which discontented citizens took the extraordinary step of drafting a new constitution. He examines the alternative Americas envisioned by John Brown (who dreamed of a republic purged of slavery), Robert Barnwell Rhett (the Confederate “father of secession”), and Etienne Cabet (a French socialist who founded a utopian society in Illinois). Other dreamers include the University of Chicago academics who created a world constitution for the nuclear age; the Republic of New Afrika, which demanded a separate country carved from the Deep South; and the contemporary Aryan movement, which plans to liberate America from multiculturalism and feminism.
Countering those who treat constitutional law as a single tradition, Tsai argues that the ratification of the Constitution did not quell debate but kindled further conflicts over basic questions of power and community. He explains how the tradition mutated over time, inspiring generations and disrupting the best-laid plans for simplicity and order. Idealists on both the left and right will benefit from reading these cautionary tales.
Brandzel's focus on three legal case studies--same-sex marriage law, hate crime legislation, and Native Hawaiian sovereignty and racialization--exposes how citizenship confounds and obscures the mutual processes of settler colonialism, racism, sexism, and heterosexism. In this way, Brandzel argues that citizenship requires anti-intersectionality, that is, strategies that deny the mutuality and contingency of race, class, gender, sexuality, and nation--and how, oftentimes, progressive left activists and scholars follow suit.
Against Citizenship is an impassioned plea for a queer, decolonial, anti-racist coalitional stance against the systemized human de/valuing and anti-intersectionalities of citizenship.
Patricia Williams is a lawyer and a professor of commercial law, the great-great-granddaughter of a slave and a white southern lawyer. The Alchemy of Race and Rights is an eloquent autobiographical essay in which the author reflects on the intersection of race, gender, and class. Using the tools of critical literary and legal theory, she sets out her views of contemporary popular culture and current events, from Howard Beach to homelessness, from Tawana Brawley to the law-school classroom, from civil rights to Oprah Winfrey, from Bernhard Goetz to Mary Beth Whitehead. She also traces the workings of “ordinary racism”—everyday occurrences, casual, unintended, banal perhaps, but mortifying. Taking up the metaphor of alchemy, Williams casts the law as a mythological text in which the powers of commerce and the Constitution, wealth and poverty, sanity and insanity, wage war across complex and overlapping boundaries of discourse. In deliberately transgressing such boundaries, she pursues a path toward racial justice that is, ultimately, transformative.
Williams gets to the roots of racism not by finger-pointing but by much gentler methods. Her book is full of anecdote and witness, vivid characters known and observed, trenchant analysis of the law’s shortcomings. Only by such an inquiry and such patient phenomenology can we understand racism. The book is deeply moving and not so, finally, just because racism is wrong—we all know that. What we don’t know is how to unthink the process that allows racism to persist. This Williams enables us to see. The result is a testament of considerable beauty, a triumph of moral tactfulness. The result, as the title suggests, is magic.
This book analyzes the broad range of Supreme Court cases that concern the protection of art and free speech under the First Amendment. Finding that debates about free expression (whether in speech or art) swirl around sex and cultural blasphemy, Randall P. Bezanson tracks and interprets the Court's decisions on film, nude dancing, music, painting, and other visual expressions.
Showing how the Court has dealt with judgments of art, quality, meaning, and how to distinguish types of speech and expression, Bezanson explores issues as diverse as homosexuality in the Boy Scouts, gay and lesbian parade floats, 2 Live Crew's alleged copyright infringement, National Endowment for the Arts grants and diversity, dangerous art, and screenings of the film Carnal Knowledge. In considering the transformative meaning of art, the importance of community judgments, and the definition of speech in Court rulings, Bezanson focuses on the fundamental questions underlying the discussion of art as protected free speech: What are the boundaries of art? What are the limits on the government's role as supporter and "patron" of the arts? And what role, if any, may core social values of decency, respect, and equality play in limiting the production or distribution of art?
Accessibly written and evocatively argued, Art and Freedom of Speech explores these questions and concludes with the argument that, for legal purposes, art should be absolutely free under the First Amendment--in fact, even more free than other forms of speech.
President Bill Clinton’s year of crisis, which began when his affair with Monica Lewinsky hit the front pages in January 1998, engendered a host of important questions of criminal and constitutional law, public and private morality, and political and cultural conflict.
In a book written while the events of the year were unfolding, Richard Posner presents a balanced and scholarly understanding of the crisis that also has the freshness and immediacy of journalism. Posner clarifies the issues and eliminates misunderstandings concerning facts and the law that were relevant to the investigation by Independent Counsel Kenneth Starr and to the impeachment proceeding itself. He explains the legal definitions of obstruction of justice and perjury, which even many lawyers are unfamiliar with. He carefully assesses the conduct of Starr and his prosecutors, including their contacts with the lawyers for Paula Jones and their hardball tactics with Monica Lewinsky and her mother. He compares and contrasts the Clinton affair with Watergate, Iran–Contra, and the impeachment of Andrew Johnson, exploring the subtle relationship between public and private morality. And he examines the place of impeachment in the American constitutional scheme, the pros and cons of impeaching President Clinton, and the major procedural issues raised by both the impeachment in the House and the trial in the Senate. This book, reflecting the breadth of Posner’s experience and expertise, will be the essential foundation for anyone who wants to understand President Clinton’s impeachment ordeal.
Included are:
-The evolution of federal statutory Indian law and the judicial foundations of federal Indian policy.
-An extensive compilation and analysis of federal and state court decisions.
- Reservation and Indian lands ownership and property interests.
-The parameters of criminal jurisdiction in Indian country.
-Concepts of tribal sovereignty and jurisdiction relating to a number of specific areas, including tribal courts, hunting and fishing, environmental regulation, water rights, gaming, and child welfare.
-Cooperative approaches used by the states and tribes for resolving jurisdictional disputes and promoting better relations.
Thorough, scholarly, and balanced, the American Indian Law Deskbook, Fourth Edition is an invaluable reference for a wide range of people working with Indian tribes, including attorneys, legal scholars, government officials, social workers, state and tribal jurists, and historians. This revised edition includes information from more recent court decisions, federal statutes, administrative regulations, and law reviews.
"Like the miner's canary, the Indian marks the shift from fresh air to poison gas in our political atmosphere; and our treatment of Indians, even more than our treatment of other minorities, reflects the rise and fall in our democratic faith," wrote Felix S. Cohen, an early expert in Indian legal affairs.
In this book, David Wilkins charts the "fall in our democratic faith" through fifteen landmark cases in which the Supreme Court significantly curtailed Indian rights. He offers compelling evidence that Supreme Court justices selectively used precedents and facts, both historical and contemporary, to arrive at decisions that have undermined tribal sovereignty, legitimated massive tribal land losses, sanctioned the diminishment of Indian religious rights, and curtailed other rights as well.
These case studies—and their implications for all minority groups—make important and troubling reading at a time when the Supreme Court is at the vortex of political and moral developments that are redefining the nature of American government, transforming the relationship between the legal and political branches, and altering the very meaning of federalism.
A sitting justice reflects upon the authority of the Supreme Court—how that authority was gained and how measures to restructure the Court could undermine both the Court and the constitutional system of checks and balances that depends on it.
A growing chorus of officials and commentators argues that the Supreme Court has become too political. On this view the confirmation process is just an exercise in partisan agenda-setting, and the jurists are no more than “politicians in robes”—their ostensibly neutral judicial philosophies mere camouflage for conservative or liberal convictions.
Stephen Breyer, drawing upon his experience as a Supreme Court justice, sounds a cautionary note. Mindful of the Court’s history, he suggests that the judiciary’s hard-won authority could be marred by reforms premised on the assumption of ideological bias. Having, as Hamilton observed, “no influence over either the sword or the purse,” the Court earned its authority by making decisions that have, over time, increased the public’s trust. If public trust is now in decline, one part of the solution is to promote better understandings of how the judiciary actually works: how judges adhere to their oaths and how they try to avoid considerations of politics and popularity.
Breyer warns that political intervention could itself further erode public trust. Without the public’s trust, the Court would no longer be able to act as a check on the other branches of government or as a guarantor of the rule of law, risking serious harm to our constitutional system.
Celebrating its fiftieth anniversary, Robert McCloskey’s classic work on the Supreme Court’s role in constructing the U.S. Constitution has introduced generations of students to the workings of our nation’s highest court. For this new fifth edition, Sanford Levinson extends McCloskey’s magisterial treatment to address the Court’s most recent decisions.
As in prior editions, McCloskey’s original text remains unchanged. In his historical interpretation, he argues that the strength of the Court has always been its sensitivity to the changing political scene, as well as its reluctance to stray too far from the main currents of public sentiments. In two revised chapters, Levinson shows how McCloskey’s approach continues to illuminate developments since 2005, including the Court’s decisions in cases arising out of the War on Terror, which range from issues of civil liberty to tests of executive power. He also discusses the Court’s skepticism regarding campaign finance regulation; its affirmation of the right to bear arms; and the increasingly important nomination and confirmation process of Supreme Court justices, including that of the first Hispanic justice, Sonia Sotomayor.
The best and most concise account of the Supreme Court and its place in American politics, McCloskey's wonderfully readable book is an essential guide to the past, present, and future prospects of this institution.
Administering Justice examines the leadership role of chief justices in the American states, including how those duties require chief justices to be part of the broader state political environment. Vining and Wilhelm focus extensively on the power of chief justices as public spokespersons, legislative liaisons, and reform leaders. In contrast to much existing research on chief justices in the states, this study weighs their extrajudicial responsibilities rather than intracourt leadership. By assessing the content of State of the Judiciary remarks delivered over a period of sixty years, Vining and Wilhelm are able to analyze the reform agendas advanced by chief justices and determine what factors influence the likelihood of success. These analyses confirm that chief justices engage with state politics in meaningful ways and that reactions to their proposals are influenced by ideological congruence with other political elites and the scope of their requests. Administering Justice also examines the chief justice position as an institution, provides a collective profile of its occupants, and surveys growing diversity among court leaders.
At a time when legal and social prohibitions on sexual relationships are declining, Americans are still nearly unanimous in their condemnation of adultery. Over 90 percent disapprove of cheating on a spouse. In her comprehensive account of the legal and social consequences of infidelity, Deborah Rhode explores why. She exposes the harms that criminalizing adultery inflicts, and she makes a compelling case for repealing adultery laws and prohibitions on polygamy.
In the twenty-two states where adultery is technically illegal although widely practiced, it can lead to civil lawsuits, job termination, and loss of child custody. It is routinely used to threaten and tarnish public officials and undermine military careers. And running through the history of anti-adultery legislation is a double standard that has repeatedly punished women more severely than men. An “unwritten law” allowing a man to avoid conviction for killing his wife’s lover remained common well into the twentieth century. Murder under these circumstances was considered an act of understandable passion.
Adultery has been called the most creative of sins, and novelists and popular media have lavished attention on sexual infidelity. As a focus of serious study, however, adultery has received short shrift. Rhode combines a comprehensive account of the legal and social consequences of adultery with a forceful argument for halting the state’s policing of fidelity.
An American Travesty is the first scholarly book in half a century to analyze the justice system’s response to sexual misconduct by children and adolescents in the United States. Writing with a refreshing dose of common sense, Franklin E. Zimring discusses our society's failure to consider the developmental status of adolescent sex offenders. Too often, he argues, the American legal system ignores age and developmental status when adjudicating young sexual offenders, in many cases responding as they would to an adult.
“An opinionated, articulate, and forceful critique of current politics and practices. . . . I would recommend this book for anyone interested in rethinking the fundamental questions of how our courts and systems should respond to these cases.”—Law and Politics Book Review
“One of the most important new books in the field of juvenile justice. . . . Zimring offers a thoughtful, research-based analysis of what went wrong with legal policy development.”—Barry Krisberg, President, National Council on Crime and Delinquency
In 1769, Spain took action to solidify control over its northern New World territories by establishing a series of missions and presidios in what is now modern California. To populate these remote establishments, the Spanish crown relied on Franciscan priests, whose role it was to convince the Native Californian population to abandon their traditional religious practices and adopt Catholicism. During their tutelage, the Indians of California would be indoctrinated into Spanish society, where they would learn obedience to the church and crown.
The legal system of Southern California has been used by Anglo populations as a social and demographic tool to control Native Americans. Following the Mexican-American War and the 1849 Gold Rush, as California property values increased and transportation corridors were established, Native Americans remained a sharply declining presence in many communities, and were likely to be charged with crimes. The sentences they received were lighter than those given to Anglo offenders, indicating that the legal system was used as a means of harassment. Additionally, courts chronicled the decline of the once flourishing native populations with each case of drunkenness, assault, or rape that appeared before the bench. Nineteenth-century American society had little sympathy for the plight of Indians or for the destruction of their culture. Many believed that the Indians of Southern California would fade from history because of their inability to adapt to a changing world. While many aspects of their traditional culture have been irreparably lost, the people of southern California are, nevertheless, attempting to recreate the cultures that were challenged by the influx of Europeans and later Americans to their lands.
For those who find themselves in a battle for public records, Access with Attitude: An Advocate’s Guide to Freedom of Information in Ohio is an indispensable weapon. First Amendment lawyer David Marburger and investigative journalist Karl Idsvoog have written a simply worded, practical guide on how to take full advantage of Ohio’s so-called Sunshine Laws.
Journalists, law firms, labor unions, private investigators, genealogists, realty companies, banks, insurers—anyone who regularly needs access to publicly held information—will find this comprehensive and contentious guide to be invaluable. Marburger, who drafted many of the provisions that Ohio adopted in its open records law, and coauthor Idsvoog have been fighting for broader access to public records their entire careers. They offer field-tested tips on how to avoid “no,” and advise readers on legal strategies if their requests for information go unmet. Step by step, they show how to avoid delays and make the law work.
Whether you’re a citizen, a nonprofit organization, a journalist, or an attorney going after public records, Access with Attitude is an essential resource.
In 1895, forty-seven rebel military officers contested the terms of a law that granted them amnesty but blocked their immediate return to the armed forces. During the century that followed, numerous other Brazilians who similarly faced repercussions for political opposition or outright rebellion subsequently made claims to forms of recompense through amnesty. By 2010, tens of thousands of Brazilians had sought reparations, referred to as amnesty, for repression suffered during the Cold War–era dictatorship. This book examines the evolution of amnesty in Brazil and describes when and how it functioned as an institution synonymous with restitution. Ann M. Schneider is concerned with the politics of conciliation and reflects on this history of Brazil in the context of broader debates about transitional justice. She argues that the adjudication of entitlements granted in amnesty laws marked points of intersection between prevailing and profoundly conservative politics with moments and trends that galvanized the demand for and the expansion of rights, showing that amnesty in Brazil has been both surprisingly democratizing and yet stubbornly undemocratic.
When it comes to American Indian treaties, the American polity too often forgets the realities of history. Prevailing perceptions are often not only inaccurate but also premised on outright falsehoods. Treaty-making was profoundly influenced by tribal conceptions of diplomacy. Colonial and early U.S. treaties especially were clothed in ritual, metaphor, and covenants that emphasized the sacred nature and purpose of diplomacy and represented a time when tribal nations were equal partners. To understand the nature and meaning of tribal treaties one needs to read them and recognize their sacred pledges and meaning, which are still relevant today.
This volume examines intertribal treaties and treaty-making and provides understanding of both the agreements and the diplomatic protocols in which they were enmeshed. It summarizes colonial Indian treaty discourse, intertribal treaties and diplomacy, the different eras of ratified and unratified U.S. treaties, foreign and state treaties with Indian nations, and the Indian agreements that followed the cessation of official treaty-making. It provides extensive lists of over 1,500 Indian treaties from all tribal diplomatic eras and includes dates, participants, purposes, and references.
Since 1975, when the U.S. government adopted a policy of self-determination for American Indian nations, a large number of the 562 federally recognized nations have seized the opportunity to govern themselves and determine their own economic, political, and cultural futures. As a first and crucial step in this process, many nations are revising constitutions originally developed by the U.S. government to create governmental structures more attuned to native people's unique cultural and political values. These new constitutions and the governing institutions they create are fostering greater governmental stability and accountability, increasing citizen support of government, and providing a firmer foundation for economic and political development.
This book brings together for the first time the writings of tribal reform leaders, academics, and legal practitioners to offer a comprehensive overview of American Indian nations' constitutional reform processes and the rebuilding of native nations. The book is organized in three sections. The first part investigates the historical, cultural, economic, and political motivations behind American Indian nations' recent reform efforts. The second part examines the most significant areas of reform, including criteria for tribal membership/citizenship and the reform of governmental institutions. The book concludes with a discussion of how American Indian nations are navigating the process of reform, including overcoming the politics of reform, maximizing citizen participation, and developing short-term and long-term programs of civic education.
Baffled by the stereotypes presented by Hollywood and much historical fiction, many other Americans find the contemporary American Indian an enigma. Compounding their confusion is the highly publicized struggle of the contemporary Indian for self-determination, lost land, cultural preservation, and fundamental human rights—a struggle dramatized both by public acts of protest and by precedent-setting legal actions. More and more, the battles of American Indians are fought—and won—in the political arena and the courts.
American Indians, American Justice explores the complexities of the present Indian situation, particularly with regard to legal and political rights. It is the first book to present an overview of federal Indian law in language readably accessible to the layperson. Remarkably comprehensive, it is destined to become a standard sourcebook for all concerned with the plight of the contemporary Indian.
Beginning with an examination of the historical relationship of Indians and the courts, the authors describe how tribal courts developed and operate today, and how they relate to federal and state governments. They define such key legal concepts as tribal sovereignty and Indian Country. By comparing and contrasting the workings of Indian and non-Indian legal institutions, the authors illustrate how Indian tribes have adapted their customs, values, and institutions to the demands of the modern world. Describing the activities of attorneys and Indian advocates in asserting and defending Indian rights, they identify the difficulties typically faced by Indians in the criminal and civil legal arenas and explore the public policy and legal rights of Indians as regards citizenship, voting rights, religious freedom, and basic governmental services.
The ancient Greeks invented written law. Yet, in contrast to later societies in which law became a professional discipline, the Greeks treated laws as components of social and political history, reflecting the daily realities of managing society. To understand Greek law, then, requires looking into extant legal, forensic, and historical texts for evidence of the law in action. From such study has arisen the field of ancient Greek law as a scholarly discipline within classical studies, a field that has come into its own since the 1970s.
This edited volume charts new directions for the study of Greek law in the twenty-first century through contributions from eleven leading scholars. The essays in the book’s first section reassess some of the central debates in the field by looking at questions about the role of law in society, the notion of “contracts,” feuding and revenge in the court system, and legal protections for slaves engaged in commerce. The second section breaks new ground by redefining substantive areas of law such as administrative law and sacred law, as well as by examining sources such as Hellenistic inscriptions that have been comparatively neglected in recent scholarship. The third section evaluates the potential of methodological approaches to the study of Greek law, including comparative studies with other cultures and with modern legal theory. The volume ends with an essay that explores pedagogy and the relevance of teaching Greek law in the twenty-first century.
More than a decade ago, before globalization became a buzzword, Yves Dezalay and Bryant G. Garth established themselves as leading analysts of how that process has shaped the legal profession. Drawing upon the insights of Pierre Bourdieu, Asian Legal Revivals explores the increasing importance of the positions of the law and lawyers in South and Southeast Asia.
Dezalay and Garth argue that the current situation in many Asian countries can only be fully understood by looking to their differing colonial experiences—and in considering how those experiences have laid the foundation for those societies’ legal profession today. Deftly tracing the transformation of the relationship between law and state into different colonial settings, the authors show how nationalist legal elites in countries such as India, Indonesia, Malaysia, the Philippines, Singapore, and South Korea came to wield political power as agents in the move toward national independence. Including fieldwork from over 350 interviews, Asian Legal Revivals illuminates the more recent past and present of these legally changing nations and explains the profession’s recent revival of influence, as spurred on by American geopolitical and legal interests.
Debunking conventional narratives of Afghanistan as a perennial war zone or marginal frontier, Faiz Ahmed presents a vibrant account of the first Muslim-majority country to gain independence from the British Empire, form a fully sovereign government, and promulgate an original constitution after the fall of the Ottoman Empire.
Far from a landlocked wilderness, turn-of-the-twentieth-century Afghanistan was a magnet for itinerant scholars and emissaries shuttling between Ottoman and British imperial domains. Tracing Afghans’ longstanding but seldom examined scholastic ties to Istanbul, Damascus, and Baghdad, as well as greater Delhi and Lahore, Ahmed vividly describes how the Kabul court recruited jurists to craft a modern state within the interpretive traditions of Islamic law and ethics, or shariʿa, and international legal norms. Beginning with the first Ottoman mission to Kabul in 1877, and culminating with parallel independence struggles in Afghanistan, India, and Turkey after World War I, this rich narrative explores encounters between diverse streams of Muslim thought and politics—from Young Turk lawyers to Pashtun clerics; Ottoman Arab officers to British Raj bureaucrats; and the last caliphs to a remarkable dynasty of Afghan kings and queens.
By unearthing a lost history behind Afghanistan’s independence and first constitution, Ahmed shows how debates today on Islam, governance, and the rule of law have deep roots in a beleaguered land. Based on research in six countries and as many languages, Afghanistan Rising rediscovers a time when Kabul stood proudly for anticolonial coalitions, self-determination, and contested visions of reform in the Global South and Islamicate world.
An overwhelmingly Arab-centric perspective dominates the West’s understanding of Islam and leads to a view of this religion as exclusively Middle Eastern and monolithic. Teena Purohit presses for a reorientation that would conceptualize Islam instead as a heterogeneous religion that has found a variety of expressions in local contexts throughout history. The story she tells of an Ismaili community in colonial India illustrates how much more complex Muslim identity is, and always has been, than the media would have us believe.
The Aga Khan Case focuses on a nineteenth-century court case in Bombay that influenced how religious identity was defined in India and subsequently the British Empire. The case arose when a group of Indians known as the Khojas refused to pay tithes to the Aga Khan, a Persian nobleman and hereditary spiritual leader of the Ismailis. The Khojas abided by both Hindu and Muslim customs and did not identify with a single religion prior to the court’s ruling in 1866, when the judge declared them to be converts to Ismaili Islam beholden to the Aga Khan.
In her analysis of the ginans, the religious texts of the Khojas that formed the basis of the judge’s decision, Purohit reveals that the religious practices they describe are not derivations of a Middle Eastern Islam but manifestations of a local vernacular one. Purohit suggests that only when we understand Islam as inseparable from the specific cultural milieus in which it flourishes do we fully grasp the meaning of this global religion.
African Asylum at a Crossroads: Activism, Expert Testimony, and Refugee Rights examines the emerging trend of requests for expert opinions in asylum hearings or refugee status determinations. This is the first book to explore the role of court-based expertise in relation to African asylum cases and the first to establish a rigorous analytical framework for interpreting the effects of this new reliance on expert testimony.
Over the past two decades, courts in Western countries and beyond have begun demanding expert reports tailored to the experience of the individual claimant. As courts increasingly draw upon such testimony in their deliberations, expertise in matters of asylum and refugee status is emerging as an academic area with its own standards, protocols, and guidelines. This deeply thoughtful book explores these developments and their effects on both asylum seekers and the experts whose influence may determine their fate.
Contributors: Iris Berger, Carol Bohmer, John Campbell, Katherine Luongo, E. Ann McDougall, Karen Musalo, Tricia Redeker Hepner, Amy Shuman, Joanna T. Tague, Meredith Terretta, and Charlotte Walker-Said.
World War II brought an end to many aspects of American college life, and the exciting years that followed were marked by activity and growth, and sometimes by dissension and disorder. Nevertheless, this postwar quarter century can be considered, according to one of those deeply involved, “the most creative period in the history of higher education in the United States.”
Nathan M. Pusey is well qualified to speak of this period since, as President of Lawrence College from 1944 to 1953 and of Harvard University from 1953 to 1971, he participated in many of the decisions that transformed American universities. In this book he deals with such crucial changes in university education as its increasing availability to a far greater percentage of an enlarged population; the broadening of undergraduate curricula; and the burgeoning of graduate degree programs and research activity. He also shows how universities supplanted colleges as trendsetting institutions and how as the United States had to assume increased international responsibilities, some of them became the world's strongest agents for intellectual advance. Throughout, his book is enriched and enlivened by his own participation and belief in the institutions he describes.
In spite of soaring tuition costs, more and more students go to college every year. A bachelor’s degree is now required for entry into a growing number of professions. And some parents begin planning for the expense of sending their kids to college when they’re born. Almost everyone strives to go, but almost no one asks the fundamental question posed by Academically Adrift: are undergraduates really learning anything once they get there?
For a large proportion of students, Richard Arum and Josipa Roksa’s answer to that question is a definitive no. Their extensive research draws on survey responses, transcript data, and, for the first time, the state-of-the-art Collegiate Learning Assessment, a standardized test administered to students in their first semester and then again at the end of their second year. According to their analysis of more than 2,300 undergraduates at twenty-four institutions, 45 percent of these students demonstrate no significant improvement in a range of skills—including critical thinking, complex reasoning, and writing—during their first two years of college. As troubling as their findings are, Arum and Roksa argue that for many faculty and administrators they will come as no surprise—instead, they are the expected result of a student body distracted by socializing or working and an institutional culture that puts undergraduate learning close to the bottom of the priority list.
Academically Adrift holds sobering lessons for students, faculty, administrators, policy makers, and parents—all of whom are implicated in promoting or at least ignoring contemporary campus culture. Higher education faces crises on a number of fronts, but Arum and Roksa’s report that colleges are failing at their most basic mission will demand the attention of us all.
The university today is under attack from all sides. Parents and students resent the escalating costs of education and wonder where the money is being spent. Aspiring scholars feel betrayed by an institution that prepares them for nonexistent jobs. Critics on the right condemn the teachers who neglect "the canon" while critics on the left condemn the creeping corporatism on campus. Politicians seek greater control over the conduct of research and add new conditions to the use of government funds. Worst of all, the academics are increasingly uneasy in an environment that fosters competition, discourages cooperation, and has made "publish or perish" a condition of survival.
Donald Kennedy, the former president of Stanford University and currently a member of its faculty, has been at the front lines of the issues confounding the academy today. In this important new book, he brings his experience and concern to bear on the present state of the university. He examines teaching, graduate training, research, and their ethical context in the research university. Aware of the numerous pressures that academics face, from the pursuit of open inquiry in the midst of culture wars, to confusion and controversy over the ownership of ideas, to the scramble for declining research funds and facilities, he explores the whys and wherefores of academic misconduct, be it scholarly, financial, or personal.
Kennedy suggests that meaningful reform cannot take place until more rigorous standards of academic responsibility--to students, the university, and the public--are embraced by both faculty and the administration. With vision and compassion, he offers an important antidote to recent attacks from without that decry the university and the professoriate, and calls upon the college community to counter those attacks by looking within and fulfilling its duties.
In 2013, the New York Times identified Nashville as America’s “it” city—a leading hub of music, culture, technology, food, and business. But long before, the Tennessee capital was known as the “Athens of the South,” as a reflection of the city’s reputation for and investment in its institutions of higher education, which especially blossomed after the end of the Civil War and through the New South Era from 1865 to 1930.
This wide-ranging book chronicles the founding and growth of Nashville’s institutions of higher education and their impressive impact on the city, region, and nation at large. Local colleges and universities also heavily influenced Nashville’s brand of modernity as evidenced by the construction of a Parthenon replica, the centerpiece of the 1897 Centennial Exposition. By the turn of the twentieth century, Vanderbilt University had become one of the country’s premier private schools, while nearby Peabody College was a leading teacher-training institution. Nashville also became known as a center for the education of African Americans. Fisk University joined the ranks of the nation’s most prestigious black liberal-arts universities, while Meharry Medical College emerged as one of the country’s few training centers for African American medical professionals. Following the agricultural-industrial model, Tennessee A&I became the state’s first black public college. Meanwhile, various other schools— Ward-Belmont, a junior college for women; David Lipscomb College, the instructional arm of the Church of Christ; and Roger Williams University, which trained black men and women as teachers and preachers—made important contributions to the higher educational landscape. In sum, Nashville was distinguished not only by the quantity of its schools but by their quality.
Linking these institutions to the progressive and educational reforms of the era, Mary Ellen Pethel also explores their impact in shaping Nashville’s expansion, on changing gender roles, and on leisure activity in the city, which included the rise and popularity of collegiate sports. In her conclusion, she shows that Nashville’s present-day reputation as a dynamic place to live, learn, and work is due in no small part to the role that higher education continues to play in the city’s growth and development.
In 2013, the New York Times identified Nashville as America’s “it” city—a leading hub of music, culture, technology, food, and business. But long before, the Tennessee capital was known as the “Athens of the South,” as a reflection of the city’s reputation for and investment in its institutions of higher education, which especially blossomed after the end of the Civil War and through the New South Era from 1865 to 1930.
This wide-ranging book chronicles the founding and growth of Nashville’s institutions of higher education and their impressive impact on the city, region, and nation at large. Local colleges and universities also heavily influenced Nashville’s brand of modernity as evidenced by the construction of a Parthenon replica, the centerpiece of the 1897 Centennial Exposition. By the turn of the twentieth century, Vanderbilt University had become one of the country’s premier private schools, while nearby Peabody College was a leading teacher-training institution. Nashville also became known as a center for the education of African Americans. Fisk University joined the ranks of the nation’s most prestigious black liberal-arts universities, while Meharry Medical College emerged as one of the country’s few training centers for African American medical professionals. Following the agricultural-industrial model, Tennessee A&I became the state’s first black public college. Meanwhile, various other schools— Ward-Belmont, a junior college for women; David Lipscomb College, the instructional arm of the Church of Christ; and Roger Williams University, which trained black men and women as teachers and preachers—made important contributions to the higher educational landscape. In sum, Nashville was distinguished not only by the quantity of its schools but by their quality.
Linking these institutions to the progressive and educational reforms of the era, Mary Ellen Pethel also explores their impact in shaping Nashville’s expansion, on changing gender roles, and on leisure activity in the city, which included the rise and popularity of collegiate sports. In her conclusion, she shows that Nashville’s present-day reputation as a dynamic place to live, learn, and work is due in no small part to the role that higher education continues to play in the city’s growth and development.
There have been institutions of higher learning for centuries in Africa, but the phenomenal growth has taken place in the last fifty years, first in the later days of colonialism and then in the heady days of independence and commodity boom. Without them, there would have been no development.
The three highly distinguished authors have written the first comprehensive assessment of universities and higher education in Africa south of the Sahara. As can be seen from their biographies, they draw on experience from both francophone and anglophone Africa and from teaching in both the sciences and the arts.
To lend weight to his charge that the public school teacher has been betrayed and gravity to his indictment of the educational establishment for that betrayal, Jurgen Herbst goes back to the beginnings of teacher education in America in the 1830s and traces its evolution up to the 1920s, by which time the essential damage had been done.
Initially, attempts were made to upgrade public school teaching to a genuine profession, but that ideal was gradually abandoned. In its stead, with the advent of newly emerging graduate schools of education in the early decades of the twentieth century, came the so-called professionalization of public education. At the expense of the training of elementary school teachers (mostly women), teacher educators shifted their attention to the turning out of educational "specialists" (mostly men)—administrators, faculty members at normal schools and teachers colleges, adult education teachers, and educational researchers.
Ultimately a history of the neglect of the American public school teacher, And Sadly Teach ends with a plea and a message that ring loud and clear. The plea: that the current reform proposals for American teacher education—the Carnegie and the Holmes reports—be heeded. The message: that the key to successful school reform lies in educating teacher’s true professionals and in acknowledging them as such in their classrooms.
Faculty members, administrators, and professionals with experience at all levels of higher education offer candid, practical advice to help beginning academics understand matters including:
— The different kinds of institutions of higher learning and expectations of faculty at each.
— The advantages and disadvantages of teaching at four-year colleges instead of research universities.
— The ins and outs of the job market.
— Alternatives to tenure-track, research-oriented positions.
— Salary and benefits.
— The tenure system.
— Pedagogy in both large lecture courses and small, discussion-based seminars.
— The difficulties facing women and minorities within academia.
— Corporations, foundations, and the federal government as potential sources of research funds.
— The challenges of faculty mentoring.
— The impact of technology on contemporary teaching and learning.
— Different types of publishers and the publishing process at university presses.
— The modern research library.
— The structure of university governance.
— The role of departments within the university.
With the inclusion of eight new chapters, this edition of The Academic’s Handbook is designed to ease the transition from graduate school to a well-rounded and rewarding career.
Contributors. Judith K. Argon, Louis J. Budd, Ronald R. Butters, Norman L. Christensen, Joel Colton, Paul L. Conway, John G. Cross, Fred E. Crossland, Cathy N. Davidson, A. Leigh DeNeef, Beth A. Eastlick, Matthew W. Finkin, Jerry G. Gaff, Edie N. Goldenberg, Craufurd D. Goodwin, Stanley M. Hauerwas, Deborah L. Jakubs, L. Gregory Jones, Nellie Y. McKay, Patrick M. Murphy, Elizabeth Studley Nathans, A. Kenneth Pye, Zachary B. Robbins, Anne Firor Scott, Sudhir Shetty, Samuel Schuman, Philip Stewart, Boyd R. Strain, Emily Toth, P. Aarne Vesilind, Judith S. White, Henry M. Wilbur, Ken Wissoker
A concise and lively guide for college and university teachers, this collection of essays provides insights and solid advice for beginners as well as more experienced teachers. For the past eight years, the Harvard–Danforth Center for Teaching and Learning has been organizing programs that seek to improve university instruction. As part of these programs, the Center sponsors a faculty seminar on teaching lead by noted Harvard Professor C. Roland Christensen. The authors of this book—teachers in a wide variety of academic fields—were all participants in the seminar. In writing the book together, they drew on the Center’s resources and on their combined store of skills, techniques, and attitudes.
Topics include preparing for the first day of class, delivering good lectures, leading effective discussions, using the rhythms of the semester, teaching essay writing, grading and evaluation, and learning how to become a better teacher. The authors offer workable solutions for problems that every instructor faces and suggest strategies that will enrich the classroom experience for both teachers and students.
Donald E. Hall offers a self-help book designed for academics, from graduate students to tenured faculty. He helps readers engage in an active process of career management, goal setting, prioritization, and reflection on the norms that constitute what he calls “academic selfhood.” Drawing broadly on the insights of Anthony Giddens’ notions of reflexivity and self-identity, Hall encourages new and seasoned scholars to “own up to” the behaviors, attitudes, and complicities that compromise their professional identities. This book couples all its exhortations with clear, concrete, and practical strategies for responding productively to the many uncertainties of academic life.
Separate chapters of the book examine the textuality of the academic self, profession, academic processes and collegiality. Among the topics candidly discussed are careerism, burnout, procrastination, and insecurity. Throughout the book readers will find anecdotes, real-life examples, and concrete tips for constructing and maintaining a successful career defined on their own terms.
The Academic Self: An Owner’s Manual opens up a new and frank discussion on academic life and academics’ basic responsibility for their own actions and attitudes.
Academic Motherhood tells the story of over one hundred women who are both professors and mothers and examines how they navigated their professional lives at different career stages. Kelly Ward and Lisa Wolf-Wendel base their findings on a longitudinal study that asks how women faculty on the tenure track manage work and family in their early careers (pre-tenure) when their children are young (under the age of five), and then again in mid-career (post-tenure) when their children are older. The women studied work in a range of institutional settings—research universities, comprehensive universities, liberal arts colleges, and community colleges—and in a variety of disciplines, including the sciences, the humanities, and the social sciences.
Much of the existing literature on balancing work and family presents a pessimistic view and offers cautionary tales of what to avoid and how to avoid it. In contrast, the goal of Academic Motherhood is to help tenure track faculty and the institutions at which they are employed “make it work.” Writing for administrators, prospective and current faculty as well as scholars, Ward and Wolf-Wendel bring an element of hope and optimism to the topic of work and family in academe. They provide insight and policy recommendations that support faculty with children and offer mechanisms for problem-solving at personal, departmental, institutional, and national levels.
Violence against women on college campuses has remained underreported and often under addressed by both campus security and local law enforcement, as well as campus administrators. The researchers, practitioners, and activists who contribute to this pertinent volume Addressing Violence Against Women on College Campuses examine the extent, nature, dynamic and contexts of violence against women at institutions of higher education.
This book is designed to facilitate an ongoing discussion and provide direction on how best to prevent and investigate violence against women, and intervene to assist victims while reducing the impact of these crimes. Chapters detail the necessary changes and implications that are part of Title IX and other federal legislation and initiatives as well as the effect these changes have had for higher education actors, including campus administrators, victim advocates, and student activists. The contributors also explore the importance of campus efforts to estimate the extent of violence against women; educating young men and women on the nature of sexual and dating violence; and shifting efforts to both make offenders accountable for their crimes and prompt all bystanders to act.
Addressing Violence Against Women on College Campuses urgently argues to make violence prevention is not separate from but rather an integral part of the student experience.
Contributors include: Antonia Abbey, Joanne Belknap, Ava Blustein, Stephanie Bonnes, Alesha Cameron, Sarah L. Cook, Walter S. DeKeseredy. Helen Eigenberg, Kate Fox, Christopher P. Krebs, Jennifer Leili, Christine Lindquist, Sarah McMahon, Caitlyn Meade, Christine Mouton, Matt R. Nobles, Callie Marie Rennison, Meredith M. Smith, Carmen Suarez, and the editors.
This book explores the largely unexamined history of Africans who lived, studied, and worked in the German Democratic Republic. African students started coming to the East in 1951 as invited guests who were offered scholarships by the East German government to prepare them for primarily technical and scientific careers once they returned home to their own countries. Drawn from previously unexplored archives in Germany, Ghana, Kenya, Zambia, and the United Kingdom, African Students in East Germany, 1949–1975 uncovers individual stories and reconstructs the pathways that African students took in their journeys to the GDR and what happened once they got there. The book places these experiences within the larger context of German history, questioning how ideas of African racial difference that developed from the eighteenth through the early twentieth centuries impacted East German attitudes toward the students.
The book additionally situates African experiences in the overlapping contexts of the Cold War and decolonization. During this time, nations across the Western and Soviet blocs were inviting Africans to attend universities and vocational schools as part of a drive to offer development aid to newly independent countries and encourage them to side with either the United States or Soviet Union in the Cold War. African leaders recognized their significance to both Soviet and American blocs, and played on the desire of each to bring newly independent nations into their folds. Students also recognized their importance to Cold War competition, and used it to make demands of the East German state. The book is thus located at the juncture of many different histories, including those of modern Germany, modern Africa, the Global Cold War, and decolonization.
Take an economically and racially diverse urban school district emerging from a long history of segregation. Add an energetic, capable, bridge-building superintendent with ambitious district-wide goals to improve graduation rates, school attendance, and academic performance. Consider that he was well funded and strongly supported by city leaders, teachers, and parents, and ask how much changed in a decade of his tenure—and what remained unchanged?
Larry Cuban takes this richly detailed history of the Austin, Texas, school district, under Superintendent Pat Forgione, to ask the question that few politicians and school reformers want to touch. Given effective use of widely welcomed reforms, can school policies and practices put all children at the same academic level? Are class and ethnic differences in academic performance within the power of schools to change?
Cuban argues that the overall district has shown much improvement—better test scores, more high school graduates, and more qualified teachers. But the improvements are unevenly distributed. The elementary schools improved, as did the high schools located in affluent, well-educated, largely white neighborhoods. But the least improvement came where it was needed most: the predominantly poor, black, and Latino high schools. Before Forgione arrived, over 10 percent of district schools were failing, and after he left office, roughly the same percentage continued to fail. Austin’s signal successes amid failure hold answers to tough questions facing urban district leaders across the nation.
Karen L. Graves details how teachers were targeted, interrogated, and stripped of their professional credentials, and she examines the extent to which these teachers resisted the invasion of their personal lives. She contrasts the experience of three groups--civil rights activists, gay and lesbian teachers, and University of South Florida personnel--called before the committee and looks at the range of response and resistance to the investigations. Based on archival research conducted on a recently opened series of Investigation Committee records in the State Archives of Florida, this work highlights the importance of sexuality in American and education history and argues that Florida's attempt to govern sexuality in schools implies that educators are distinctly positioned to transform dominant ideology in American society.
A critique of what lies behind the use of data in contemporary education policy
While the science fiction tales of artificial intelligence eclipsing humanity are still very much fantasies, in Algorithms of Education the authors tell real stories of how algorithms and machines are transforming education governance, providing a fascinating discussion and critique of data and its role in education policy.
Algorithms of Education explores how, for policy makers, today’s ever-growing amount of data creates the illusion of greater control over the educational futures of students and the work of school leaders and teachers. In fact, the increased datafication of education, the authors argue, offers less and less control, as algorithms and artificial intelligence further abstract the educational experience and distance policy makers from teaching and learning. Focusing on the changing conditions for education policy and governance, Algorithms of Education proposes that schools and governments are increasingly turning to “synthetic governance”—a governance where what is human and machine becomes less clear—as a strategy for optimizing education.
Exploring case studies of data infrastructures, facial recognition, and the growing use of data science in education, Algorithms of Education draws on a wide variety of fields—from critical theory and media studies to science and technology studies and education policy studies—mapping the political and methodological directions for engaging with datafication and artificial intelligence in education governance. According to the authors, we must go beyond the debates that separate humans and machines in order to develop new strategies for, and a new politics of, education.
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