The whiteness of mainstream environmentalism often fails to account for the richness and variety of Latinx environmental thought. Building on insights of environmental justice scholarship as well as critical race and ethnic studies, the editors and contributors to Latinx Environmentalisms map the ways Latinx cultural texts integrate environmental concerns with questions of social and political justice.
Original interviews with creative writers, including Cherríe Moraga, Helena María Viramontes, and Héctor Tobar, as well as new essays by noted scholars of Latinx literature and culture, show how Latinx authors and cultural producers express environmental concerns in their work. These chapters, which focus on film, visual art, and literature—and engage in fields such as disability studies, animal studies, and queer studies—emphasize the role of racial capitalism in shaping human relationships to the more-than-human world and reveal a vibrant tradition of Latinx decolonial environmentalism.
Latinx Environmentalisms accounts for the ways Latinx cultures are environmental, but often do not assume the mantle of “environmentalism.”
What does it mean to be Latinx? This pressing question forms the core of Latinx Belonging, which brings together cutting-edge research to discuss the multilayered ways this might be answered.
Latinx Belonging is anchored in the claim that Latinx people are not defined by their marginalization but should instead be understood as active participants in their communities and contributors to U.S. society. The volume’s overarching analytical approach recognizes the differences, identities, and divisions among people of Latin American origin in the United States, while also attending to the power of mainstream institutions to shape their lives and identities. Contributors to this volume view “belonging” as actively produced through struggle, survival, agency, resilience, and engagement.
This work positions Latinxs’ struggles for recognition and inclusion as squarely located within intersecting power structures of gender, race, sexuality, and class and as shaped by state-level and transnational forces such as U.S. immigration policies and histories of colonialism. From the case of Latinxs’ struggles for recognition in the arts, to queer Latinx community resilience during COVID-19 and in the wake of mass shootings, to Indigenous youth’s endurance and survival as unaccompanied minors in Los Angeles, the case studies featured in this collection present a rich and textured picture of the diversity of the U.S. Latinx experience in the twenty-first century.
Contributors
Andrés Acosta
Jack “Trey” Allen
Jennifer Bickham Mendez
Stephanie L. Canizales
Christopher Cuevas
Natalia Deeb-Sossa
Yvette G. Flores
Melanie Jones Gast
Monika Gosin
Pierrette Hondagneu-Sotelo
Nolan Kline
Verónica Montes
Yvonne Montoya
Michael De Anda Muñiz
Suzanne Oboler
Gilda L. Ochoa
Dina G. Okamoto
Marco Antonio Quiroga
Michelle Téllez
Latinx peoples and culture have permeated Shakespearean performance in the United States for over 75 years—a phenomenon that, until now, has been largely overlooked as Shakespeare studies has taken a global turn in recent years. Author Carla Della Gatta argues that theater-makers and historians must acknowledge this presence and influence in order to truly engage the complexity of American Shakespeares. Latinx Shakespeares investigates the history, dramaturgy, and language of the more than 140 Latinx-themed Shakespearean productions in the United States since the 1960s—the era of West Side Story. This first-ever book of Latinx representation in the most-performed playwright’s canon offers a new methodology for reading ethnic theater looks beyond the visual to prioritize aural signifiers such as music, accents, and the Spanish language.
The book’s focus is on textual adaptations or performances in which Shakespearean plays, stories, or characters are made Latinx through stage techniques, aesthetics, processes for art-making (including casting), and modes of storytelling. The case studies range from performances at large repertory theaters to small community theaters and from established directors to emerging playwrights. To analyze these productions, the book draws on interviews with practitioners, script analysis, first-hand practitioner insight, and interdisciplinary theoretical lenses, largely by scholars of color. Latinx Shakespeares moves toward healing by reclaiming Shakespeare as a borrower, adapter, and creator of language whose oeuvre has too often been mobilized in the service of a culturally specific English-language whiteness that cannot extricate itself from its origins within the establishment of European/British colonialism/imperialism.As a scholar, William Hung was instrumental in opening China’s rich documentary past to modern scrutiny. As an educator, he helped shape one of twentieth-century China’s most remarkable institutions, Yenching University. A member of the buoyant, Western-educated generation that expected to transform China into a modern, liberal nation, he saw his hopes darken as political turmoil, war with Japan, and the Communist takeover led to a different future. yet his influence was widespread; for his students became leaders on both sides of the Taiwan Strait, and he continued to teach in the United States through the 1970s.
In 1978, he began recalling his colorful life to Susan Chan Egan in weekly taping sessions. Egan draws on these tapes to let a skillful raconteur tell for himself anecdotes from his life as a religious and academic activist with a flair for the flamboyant. His reminiscences encompass the issues and dilemmas faced by Chinese intellectuals of his period. Among the notables who figured in his life and memories were Hu Shih, H. H. Kung, Henry Winter Luce, John Leighton Stuart, Timothy Lew, and Lu Chihwei.
While retaining the flavor of Hung’s reminiscences, Egan explains the evolution and importance of his scholarly work; captures his blend of Confucianism, mystical Christianity, and iconoclastic thought; and describes his effect on those around him. For it was finally his unyielding integrity and personal kindness as much as his accomplishments that caused him to be revered by colleagues and generations of students.
The Church of Jesus Christ of Latter-day Saints and other Christians have always shared a fundamental belief in the connection between personal salvation and the suffering, death, and resurrection of Jesus Christ. While having faith in and experiencing the atonement of Christ remains a core tenet for Latter-day Saints, some thinkers have in recent decades reconsidered traditional understandings of atonement.
Deidre Nicole Green and Eric D. Huntsman edit a collection that brings together multiple and diverse approaches to thinking about Latter-day Saint views on this foundational area of theology. The essayists draw on and go beyond a wide range of perspectives, classical atonement theories, and contemporary reformulations of atonement theory. The first section focuses on scriptural and historical foundations while the second concentrates on theological explorations. Together, the contributors evaluate what is efficacious and ethical in the Latter-day Saint outlook and offer ways to reconceive those views to provide a robust theological response to contemporary criticisms about atonement.
Contributors: Nicholas J. Frederick, Fiona Givens, Deidre Nicole Green, Sharon J. Harris, J.B. Haws, Eric D. Huntsman, Benjamin Keogh, Ariel Bybee Laughton, Adam S. Miller, Jenny Reeder, T. Benjamin Spackman, and Joseph M. Spencer
Latvians have contributed to the cultural mosaic and economy of Michigan far more than one might imagine. There are three large Latvian communities in Michigan—Kalamazoo, Detroit, and Grand Rapids—with several smaller enclaves elsewhere in the state. An underlying goal of Latvians who now live in Michigan, as well as other parts of the United States and Canada, is to maintain their language and culture. More than five thousand Latvians came to Michigan after World War II, found gainful employment, purchased homes, and became a part of the Michigan population. Most sought to reeducate themselves and struggled to educate their children in Michigan’s many colleges and universities. Latvians in Michigan examines Latvia and its history, and describes how World War II culminated in famine, death, and eventual flight from their homeland by many Latvian refugees. After the war ended, most Latvian emigrants eventually made their way to Sweden or Germany, where they lived in displaced persons camps. From there, the emigrants were sponsored by individuals or organizations and they moved once again to other parts of the world. Many came to the United States, where they established new roots and tried to perpetuate their cultural heritage while establishing new lives.
This classic historical resource remains the most complete work on the establishment of Fort Caroline, which heralded the start of permanent settlement by Europeans in North America. America's history was shaped in part by the clash of cultures that took place in the southeastern United States in the 1560s. Indians, French, and Spaniards vied to profit from European attempts to colonize the land Juan Ponce de Leon had named La Florida.
Rene de Goulaine de Laudonniere founded a French Huguenot settlement on the St. Johns River near present-day Jacksonville and christened it Fort Caroline in 1564, but only a year later the hapless colonists were expelled by a Spanish fleet led by Pedro Menendez de Aviles. The Spanish in turn established a permanent settlement at St. Augustine, now the oldest city in the United States, and blocked any future French claims in Florida.
Using documents from both French and Spanish archives, Charles E. Bennett provides the first comprehensive account of the events surrounding the international conflicts of this 16th-century colonization effort, which was the actual "threshold" of a new nation. The translated Laudonniere documents also provide a wealth of information about the natural wonders of the land and the native Timucua Indians encountered by the French. As a tribe, the Timucua would be completely gone by the mid-1700s, so these accounts are invaluable to ethnologists and anthropologists.
With this republication of Laudonniere & Fort Caroline, a new generation of archaeologists, anthropologists, and American colonial historians can experience the New World through the adventures of the French explorers. Visitors to Fort Caroline National Memorial will also find the volume fascinating reading as they explore the tentative early beginnings of a new nation.
There is a large intelligence present in Terese Svoboda's poetry and not a shred of sentimentality. From the dramatic coming-of-age in the title poem to the question posed in the last section, "What will I say to my child as it snows / that last winter's papery afterglow?" she continually searches for a responsible, compassionate world, one in which the only illusion is art.
The mythological central poem, "The Ranchhand's Daughter," shows the gods of isolation and incest warring against each other, destroying a triangle of love and cut into the granite-faced Badlands. It is only in the sensuous landscape of the domestic that possible redemption occurs: the father who dreams of running for president, the mother who signs in the mirror, the couple in the shower with "confidence rising between them." Faced with the inevitable losses, Svoboda strives for meaning and beauty.
Winner of the 2008 Katherine Singer Kovacs Book Award
Prior to the civil rights movement, comedians performed for audiences that were clearly delineated by race. Black comedians performed for black audiences and white comedians performed for whites. Yet during the past forty-five years, black comics have become progressively more central to mainstream culture.
In Laughing Mad , Bambi Haggins looks at how this transition occurred in a variety of media and shows how this integration has paved the way for black comedians and their audiences to affect each other. Historically, African American performers have been able to use comedy as a pedagogic tool, interjecting astute observations about race relations while the audience is laughing. And yet, Haggins makes the convincing argument that the potential of African American comedy remains fundamentally unfulfilled as the performance of blackness continues to be made culturally digestible for mass consumption.
Rather than presenting biographies of individual performers, Haggins focuses on the ways in which the comic persona is constructed and changes across media, from stand-up, to the small screen, to film. She examines the comic televisual and cinematic personae of Dick Gregory, Bill Cosby, Flip Wilson, and Richard Pryor and considers how these figures set the stage for black comedy in the next four decades. She reads Eddie Murphy and Chris Rock as emblematic of the first and second waves of post-civil rights era African American comedy, and she looks at the socio-cultural politics of Whoopi Goldberg's comic persona through the lens of gender and crossover. Laughing Mad also explores how the comedy of Dave Chappelle speaks to and for the post-soul generation.
A rigorous analytic analysis, this book interrogates notions of identity, within both the African American community and mainstream popular culture. Written in engaging and accessible prose, it is also a book that will travel from the seminar room, to the barbershop, to the kitchen table, allowing readers to experience the sketches, stand-up, and film comedies with all the laughter they deserve.
In the intense blossoming of American literary talent between the World Wars, T.S. Stribling took his place with Faulkner, Hemingway, Dos Passos, and other members of his generation with the Pulitzer Prize in 1933 for his bestselling novel The Store. In Laughing Stock, Stribling’s autobiography, the gifted writer reflects with humor, irony, and passion on his trajectory from a remote southern town to the literary heights of Paris and New York.
Adventurous and perceptive, Laughing to Keep from Dying reveals how African American satirists unmask the illusions and anxieties surrounding race in the twenty-first century.
One of America’s most eminent nature poets, Robert Pack has won the acclaim of writers, critics, and readers from Stephen Jay Gould to Mark Strand. In his latest collection, Laughter Before Sleep, Pack carries on his themes of family and friends, responsibility to the natural world of evolved diversity, the transience of life, the fragility of happiness, and the consolations offered by art and music.
Too often, innovative individuals and teams come up with new-business ideas only to hit the proverbial wall, become discouraged, and fail to follow through. How can you get more traction with your ideas and see them through to fruition? As with so many things in life, half the battle is knowing what questions to ask. In this book, serial entrepreneur and business professor Jim Price illustrates a simple, yet powerful framework known as the Launch Lens. Price’s method leads innovators through a structured process to clearly define and communicate their concept, distinguish the good ideas from the not-so-good, and lay the cornerstones of the startup planning process.
The Launch Lens is comprised of twenty critical questions or Focal Points, organized according the classic new-business planning categories: problem, solution, market, business model, marketing and sales, finance, capital, and team. The book leads readers through explanations of how to address each question, illustrated by useful examples, tips, and red flags. Already in active use by thousands of innovators – ranging from aspiring entrepreneurs to early-stage startup teams and venture investors, from incubators and accelerators to intrapreneurs within established corporations and non-profits – The Launch Lens can help you bring your new-business concepts into clear focus.
"With a clear and engaging narrative that delves into complex and debatable issues and, at the same time, tells very entertaining stories, this book is a wonderful addition to the historiography of international health."
---Diego Armus, Swarthmore College
From the Rockefeller Foundation to the Bill and Melinda Gates Foundation, U.S. philanthropies have played a leading role in the evolution of international health. Launching Global Health examines one of the earliest of these initiatives abroad, the Rockefeller Foundation's International Health Board. The flagship agency made its first call in British Guiana in 1914 to experiment with its new "American method" for the treatment of hookworm disease. Within months it was involved in ambitious hookworm programs in six Central American and Caribbean sites, its directors self-consciously choosing to test run the prototype for their global project in the nearest and clearest domain of American imperial influence. These efforts continued until 1930, when most of the International Health Board hookworm campaigns had evolved into public health projects of a different nature.
Launching Global Health is the first book to explore the inaugural Rockefeller Foundation campaigns in depth and to treat them as an ensemble---as a laboratory for discovering and testing the elements of a global health system for the twentieth century. Orienting the study according to the priorities and perspectives of the social and cultural history of medicine and marrying the results with social science and institutional approaches, Steven Palmer rediscovers elements and dynamics in the original history of global health that were either discarded or that have continued to operate beneath the radar of scholarship.
In particular, Palmer examines the extraordinary encounters that took place between the Rockefeller proselytizers of biomedicine and public health and the diverse populations whom they were attempting to help. Launching Global Health devotes special attention to the health narratives and practices of laboring people of different ethnicities and how they clashed and blended with the stories and rituals being promoted by the Rockefeller Foundation, ultimately showing the locally assembled health teams of microscopists, inspectors, and dispensers to have been active agents in the shaping of encounters between imperial and popular medicine.
Steven Palmer is Canada Research Chair in the History of International Health at the University of Windsor and author of From Popular Medicine to Medical Populism: Doctors, Healers, and Public Power in Costa Rica, 1800-1940.
Illustration: Lecture on hookworm disease on public building porch. Courtesy Rockefeller Archive Center.
A volume in the series Conversations in Medicine and Society.
The necessity for library leaders to demonstrate that libraries are innovative, collaborative, and can provide eye-catching, transformational services and programs to their communities cannot be understated. But libraries do not suffer from a lack of big ideas. What library workers really need is a roadmap for making those impactful ideas become reality. Based in part on her extensive experience coordinating large-scale initiatives, this guide from ASCLA Leadership and Professional Achievement Award-winning consultant Horton will walk you through formulating and shaping your ideas into sellable, actionable projects. You’ll learn
Before Laura Ingalls Wilder found fame with her Little House books, she made a name for herself with short nonfiction pieces in magazines and newspapers. Read today, these pieces offer insight into her development as a writer and depict farm life in the Ozarks—and also show us a different Laura Ingalls Wilder from the woman we have come to know.
This volume collects essays by Wilder that originally appeared in the Missouri Ruralist between 1911 and 1924. Building on the initial compilation of these articles under the title Little House in the Ozarks, this revised edition marks a more comprehensive collection by adding forty-two additional Ruralist articles and restoring passages previously omitted from other articles.
Writing as “Mrs. A. J. Wilder” about modern life in the early twentieth-century Ozarks, Laura lends her advice to women of her generation on such timeless issues as how to be an equal partner with their husbands, how to support the new freedoms they’d won with the right to vote, and how to maintain important family values in their changing world. Yet she also discusses such practical matters as how to raise chickens, save time on household tasks, and set aside time to relax now and then.
New articles in this edition include “Making the Best of Things,” “Economy in Egg Production,” and “Spic, Span, and Beauty.” “Magic in Plain Foods” reflects her cosmopolitanism and willingness to take advantage of new technologies, while “San Marino Is Small but Mighty” reveals her social-political philosophy and her interest in cooperation and community as well as in individualism and freedom. Mrs. Wilder was firmly committed to living in the present while finding much strength in the values of her past.
A substantial introduction by Stephen W. Hines places the essays in their biographical and historical context, showing how these pieces present Wilder’s unique perspective on life and politics during the World War I era while commenting on the challenges of surviving and thriving in the rustic Ozark hill country. The former little girl from the little house was entering a new world and wrestling with such issues as motor cars and new “labor-saving” devices, but she still knew how to build a model small farm and how to get the most out of a dollar.
Together, these essays lend more insight into Wilder than do even her novels and show that, while technology may have improved since she wrote them, the key to the good life hasn’t changed much in almost a century. Laura Ingalls Wilder, Farm Journalist distills the essence of her pioneer heritage and will delight fans of her later work as it sheds new light on a vanished era.
Despite his status as a scion of one of the wealthiest and most famous families in the United States and an enormously successful businessman in his own right, Laurance S. Rockefeller is unknown to all but a small circle of Americans. Yet while he has been neither Vice President nor Governor nor chairman of the world's largest bank, his contribution to society has been at least as great as that of his more famous brothers.
In Laurance S. Rockefeller: Catalyst for Conservation, noted historian Robin W. Winks brings Laurance to the forefront, offering an intimate look at his life and accomplishments. While Rockefeller has played a vital role in the business world as one of the most astute venture capitalists of our time -- providing seed money for, among other endeavors, Eastern Airlines, Intel Corporation, and Apple Computers -- his driving passion throughout his life has been the environment. In addition to the millions of dollars he has donated and the numerous conservation organizations he has helped to found, he served under five consecutive presidents in environmental advisory capacities.
Perhaps most significantly, Rockefeller served under Presidents Eisenhower and Kennedy as chairman of the Outdoor Recreation Resources Review Commission (ORRRC), brilliantly orchestrating an assessment of the recreation and conservation needs and wants of the American people and the policies and programs required to meet those needs. The reports issued by the Commission represent a groundbreaking achievement that laid the framework for nearly all significant environmental legislation of the following three decades.
Winks uses a combination of historical insight and extensive access to Rockefeller and government archives to present the first in-depth examination of Laurance Rockefeller's life and work. His deftly argued and gracefully written volume explains and explores Rockefeller's role in shaping the transition from traditional land conservation to a more inclusive environmentalism. It should compel broader interpretation of the history of environmental protection, and is essential reading for anyone concerned with the past or future of conservation in America.
Laurent Clerc won lasting renown as the deaf teacher who helped Thomas Hopkins Gallaudet establish schools to educate deaf Americans in the 19th century. Now, his character as a young boy growing up in Paris has been captured in the novel Laurent Clerc.
In his own voice, Clerc vividly relates the experiences that led to his later progressive teaching methods. Especially influential was his long stay at the Royal National Institute for the Deaf in Paris, where he encountered sharply distinct personalities — the saintly, inspiring deaf teacher Massieu, the vicious Dr. Itard and his heartless “experiments” on deaf boys, and the “Father of the Deaf,” Abbe Sicard, who could hardly sign.
Young adult readers will find his story richly entertaining as well as informative.
While the American legal system has played an important role in shaping the field of bioethics, Law and Bioethics is the first book on the subject designed to be accessible to readers with little or no legal background. Detailing how the legal analysis of an issue in bioethics often differs from the "ethical" analysis, the book covers such topics as abortion, surrogacy, cloning, informed consent, malpractice, refusal of care, and organ transplantation.
Structured like a legal casebook, Law and Bioethics includes the text of almost all the landmark cases that have shaped bioethics. Jerry Menikoff offers commentary on each of these cases, as well as a lucid introduction to the U.S. legal system, explaining federalism and underlying common law concepts. Students and professionals in medicine and public health, as well as specialists in bioethics, will find the book a valuable resource.
"An extraordinary collection of provocative, insightful, and inspiring essays on the future of law and democracy in the twenty-first century."
---Geoffrey R. Stone, Edward H. Levi Distinguished Service Professor of Law, University of Chicago
"These thoughtful essays diagnose democracy's perilous present, and---more importantly---they explore avenues to democracy's rescue through humanization of law."
---Kenneth L. Karst, David G. Price and Dallas P. Price Professor of Law Emeritus, UCLA
Contributors
Martin Böhmer, Universidad de San Andres, Buenos Aires, Argentina
M. Cathleen Kaveny, University of Notre Dame
Howard Lesnick, University of Pennsylvania
The Honorable John T. Noonan Jr., Ninth Circuit Court of Appeals
H. Jefferson Powell, Duke University
Jedediah Purdy, Duke University
Jed Rubenfeld, Yale University
A.W. Brian Simpson, University of Michigan
Barry Sullivan, Jenner and Block LLP, Chicago
Joseph Vining, University of Michigan
Robin West, Georgetown University
James Boyd White, University of Michigan
Are postcolonies haunted more by criminal violence than other nation-states? The usual answer is yes. In Law and Disorder in the Postcolony, Jean and John Comaroff and a group of respected theorists show that the question is misplaced: that the predicament of postcolonies arises from their place in a world order dominated by new modes of governance, new sorts of empires, new species of wealth—an order that criminalizes poverty and race, entraps the “south” in relations of corruption, and displaces politics into the realms of the market, criminal economies, and the courts.
As these essays make plain, however, there is another side to postcoloniality: while postcolonies live in states of endemic disorder, many of them fetishize the law, its ways and itsmeans. How is the coincidence of disorder with a fixation on legalities to be explained? Law and Disorder in the Postcolony addresses this question, entering into critical dialogue with such theorists as Benjamin, Agamben, and Bayart. In the process, it also demonstrates how postcolonies have become crucial sites for the production of contemporary theory, not least because they are harbingers of a global future under construction.
From the beginnings of human association, social planning has been an accepted method for effecting improvements in community, regional, and national life. In Law and Economy in Planning, Walter Firey has made a start in the development of an intellectual framework that will give meaning to the craft of planning and establish a relationship between practice and first principles.
In this study he investigates basic elements of this framework existing in two normative orders: the state, in which a collectivity has the obligation to enforce obedience; and the market, in which the individual has the right to be rational. These normative orders, whose laws are formulated in the disciplines of jurisprudence and economics, have a common concern with the utilization of scarce means to given ends.
These orders, the state and the market, are formulated by the art of planning and have a common relationship to the natural order, which cannot be planned, but only predicted, and which is explained by the science of planning. To bridge the gap between the natural order and the normative order is the function of a philosophy of planning, for which an intellectual framework—of necessity interdisciplinary—is essential.
This study is the culmination of several years of research in the fields of planning and social theory. During the course of this research Firey came to appreciate more and more keenly the need for an interdisciplinary formulation of the planning process and, with this, the need for a philosophical foundation for interdisciplinary work. A year’s fellowship at the Center for Advanced Study in the Behavioral Sciences at Stanford gave him the opportunity to develop his ideas bearing on this subject and to put them in writing.
Since the earliest days of philosophy, thinkers have debated the meaning of the term happiness and the nature of the good life. But it is only in recent years that the study of happiness—or “hedonics”—has developed into a formal field of inquiry, cutting across a broad range of disciplines and offering insights into a variety of crucial questions of law and public policy.
Law and Happinessbrings together the best and most influential thinkers in the field to explore the question of what makes up happiness—and what factors can be demonstrated to increase or decrease it. Martha Nussbaum offers an account of the way that hedonics can productively be applied to psychology, Cass R. Sunstein considers the unexpected relationship between happiness and health problems, Matthew Adler and Eric A. Posner view hedonics through the lens of cost-benefit analysis, David A. Weisbach considers the relationship between happiness and taxation, and Mark A. Cohen examines the role crime—and fear of crime—can play in people’s assessment of their happiness, and much more.
The result is a kaleidoscopic overview of this increasingly prominent field, offering surprising new perspectives and incisive analyses that will have profound implications on public policy.
Does the law shield citizens from authoritarian regimes? Are the core beliefs of classical liberalism—namely the rights of all individuals and constraints on state power—still protected by law? Liberalism and its expansion of rights could not exist without the legal system, and unsurprisingly, many scholars have explored the relationship between law and liberalism. However, the study of law and illiberalism is a relatively recent undertaking, a project that takes on urgency in light of the rise of authoritarian powers, among them Donald Trump’s administration, Viktor Orban’s Hungary, Recep Erdogan’s Turkey, and Jair Bolsanoro’s Brazil.
In this volume, six penetrating essays explore the dynamics of the law and illiberal quests for power, examining the anti-liberalism of neoliberalism; the weaponization of “free speech”; the role of the administrative state in current crises of liberal democracy; the broad and unstoppable assault on facts, truth, and reality; and the rise of conspiracism leading up to the Capitol insurrection. In addition to the editors, contributors include Sharon Krause, Elizabeth Anker, Jeremy Kessler, Lee McIntyre, and Nancy Rosenblum.
Planned and designed by a leading Tokyo lawyer and several American practitioners and scholars, Law and Investment in Japan introduces both Japanese law and the strategic issues that arise in cross-border transactions. Centered around the details of an actual joint venture between the U.S. and Japan, the book combines materials from the transaction itself with cases, statutes, and background data.
This new second edition reflects recent changes in the law and new directions in scholarly research.
Winner of the Thomas M. Cooley Book Prize, Georgetown Center on the Constitution
Why do self-proclaimed constitutional “originalists” so regularly reach decisions with a politically conservative valence? Do “living constitutionalists” claim a license to reach whatever results they prefer, without regard to the Constitution’s language and history? In confronting these questions, Richard H. Fallon reframes and ultimately transcends familiar debates about constitutional law, constitutional theory, and judicial legitimacy.
Drawing from ideas in legal scholarship, philosophy, and political science, Fallon presents a theory of judicial legitimacy based on an ideal of good faith in constitutional argumentation. Good faith demands that the Justices base their decisions only on legal arguments that they genuinely believe to be valid and are prepared to apply to similar future cases. Originalists are correct about this much. But good faith does not forbid the Justices to refine and adjust their interpretive theories in response to the novel challenges that new cases present. Fallon argues that theories of constitutional interpretation should be works in progress, not rigid formulas laid down in advance of the unforeseeable challenges that life and experience generate.
Law and Legitimacy in the Supreme Court offers theories of constitutional law and judicial legitimacy that accept many tenets of legal realism but reject its corrosive cynicism. Fallon’s account both illuminates current practice and prescribes urgently needed responses to a legitimacy crisis in which the Supreme Court is increasingly enmeshed.
The role of religion in early American literature has been endlessly studied; the role of the law has been virtually ignored. Robert A. Ferguson’s book seeks to correct this imbalance.
With the Revolution, Ferguson demonstrates, the lawyer replaced the clergyman as the dominant intellectual force in the new nation. Lawyers wrote the first important plays, novels, and poems; as gentlemen of letters they controlled many of the journals and literary societies; and their education in the law led to a controlling aesthetic that shaped both the civic and the imaginative literature of the early republic. An awareness of this aesthetic enables us to see works as diverse as Jefferson’s Notes on the State of Virginia and Irving’s burlesque History of New York as unified texts, products of the legal mind of the time.
The Declaration of Independence, the Constitution, and the great political orations were written by lawyers, and so too were the literary works of Trumbull, Tyler, Brackenridge, Charles Brockden Brown, William Cullen Bryant, Richard Henry Dana, Jr., and a dozen other important writers. To recover the original meaning and context of these writings is to gain new understanding of a whole era of American culture.
The nexus of law and letters persisted for more than a half-century. Ferguson explores a range of factors that contributed to its gradual dissolution: the yielding of neoclassicism to romanticism; the changing role of the writer; the shift in the lawyer’s stance from generalist to specialist and from ideological spokesman to tactician of compromise; the onslaught of Jacksonian democracy and the problems of a country torn by sectional strife. At the same time, he demonstrates continuities with the American Renaissance. And in Abraham Lincoln he sees a memorable late flowering of the earlier tradition.
Winner of the Scribes Book Award
“As brilliantly imaginative as it is urgently timely.”
—Richard H. Fallon, Jr., Harvard Law School
“At no time more than the present, a defense of expertise-based governance and administration is sorely needed, and this book provides it with gusto.”
—Frederick Schauer, author of The Proof
A highly original framework for restoring confidence in a government bureaucracy increasingly derided as “the deep state.”
Is the modern administrative state illegitimate? Unconstitutional? Unaccountable? Dangerous? America has long been divided over these questions, but the debate has recently taken on more urgency and spilled into the streets. Cass Sunstein and Adrian Vermeule argue that the administrative state can be redeemed so long as public officials are constrained by morality and guided by stable rules. Officials should make clear rules, ensure transparency, and never abuse retroactivity, so that current guidelines are not under constant threat of change. They should make rules that are understandable and avoid issuing contradictory ones.
These principles may seem simple, but they have a great deal of power. Already, they limit the activities of administrative agencies every day. In more robust form, they could address some of the concerns of critics who decry the “deep state” and yearn for its downfall.
“Has something to offer both critics and supporters…a valuable contribution to the ongoing debate over the constitutionality of the modern state.”
—Review of Politics
“The authors freely admit that the administrative state is not perfect. But, they contend, it is far better than its critics allow.”
—Wall Street Journal
Hailed in its first edition as an "outstanding work, as stimulating as it is intellectually distinguished" (New York Times), Richard A. Posner's Law and Literature has handily lived up to the Washington Post's prediction that the book would "remain essential reading for many years to come." This new edition, extensively revised and enlarged, continues to emphasize the essential differences between law and literature, which are rooted in the different social functions of legal and literary texts. But it also explores areas of mutual illumination and expands its range to include new topics such as popular fiction about law, literary education for lawyers, the legal narrative movement, and judicial biography.
Literary works from classics by Sophocles, Shakespeare, Dostoevsky, Melville, Kafka, and Camus to contemporary fiction by William Gaddis, Tom Wolfe, and John Grisham come under Posner's scrutiny, as do recent attempts to apply the techniques of literary analysis to statutes, judicial opinions, and the Constitution. In a section entirely new in this edition, Posner discusses the increasing efforts of legal scholars to enrich their scholarship by borrowing the methods and insights of literature--even by insisting that legal education is incomplete without the ethical insights afforded by an immersion in literature.
Thoroughly rewritten and updated, free of legal and literary jargon, and informed by Posner's extensive erudition and legal experience, this book remains the most clear, acute, and comprehensive account of the intersection of law and literature--"a wonderfully original and instructive study of what literature has to teach us about the law, the methods of legal argument, and the interpretation of statutes and the Constitution" (Wall Street Journal).
Hailed in its first edition as an “outstanding work, as stimulating as it is intellectually distinguished” (New York Times), Law and Literature has handily lived up to the Washington Post’s prediction that the book would “remain essential reading for many years to come.” This third edition, extensively revised and enlarged, is the only comprehensive book-length treatment of the field. It continues to emphasize the essential differences between law and literature, which are rooted in the different social functions of legal and literary texts. But it also explores areas of mutual illumination and expands its range to include new topics such as the cruel and unusual punishments clause of the Constitution, illegal immigration, surveillance, global warming and bioterrorism, and plagiarism.
In this edition, literary works from classics by Homer, Shakespeare, Milton, Dostoevsky, Melville, Kafka, and Camus to contemporary fiction by Tom Wolfe, Margaret Atwood, John Grisham, and Joyce Carol Oates come under Richard Posner’s scrutiny, as does the film The Matrix.
The book remains the most clear, acute account of the intersection of law and literature.
A distinguished Yale economist and legal scholar’s argument that law, of all things, has the potential to rescue us from the next economic crisis.
After the economic crisis of 2008, private-sector spending took nearly a decade to recover. Yair Listokin thinks we can respond more quickly to the next meltdown by reviving and refashioning a policy approach whose proven success is too rarely acknowledged. Harking back to New Deal regulatory agencies, Listokin proposes that we take seriously law’s ability to function as a macroeconomic tool, capable of stimulating demand when needed and relieving demand when it threatens to overheat economies.
Listokin makes his case by looking at both positive and cautionary examples, going back to the New Deal and including the Keystone Pipeline, the constitutionally fraught bond-buying program unveiled by the European Central Bank at the nadir of the Eurozone crisis, the ongoing Greek crisis, and the experience of U.S. price controls in the 1970s. History has taught us that law is an unwieldy instrument of macroeconomic policy, but Listokin argues that under certain conditions it offers a vital alternative to the monetary and fiscal policy tools that stretch the legitimacy of technocratic central banks near their breaking point while leaving the rest of us waiting and wallowing.
But with television courtrooms appearing more like the studio of The Jerry Springer Show than institutions of justice, and with weekly dramas seamlessly blending cutting-edge forensic science with exaggerated fictions, it calls to question: just what is it about these shows that has the public so captivated? And, what effects do the images of crime and order presented through the media have on society's view of the actual legal and criminal justice systems?
In Law and Order: Images, Meanings, Myths, Mariana Valverde draws on examples from film, television, and newspapers to examine these questions and to demonstrate how popular culture is creating an unrealistic view of crime and crime control. Valverde argues that understanding the impact of media representations of courtrooms, police departments, prisons, and the people who populate them is essential to comprehending the reality of criminal justice.
Introducing a wealth of resources in social and cultural studies along with suggestions for classroom discussions and assignments, this book pushes the field of criminology in new and exciting theoretical directions. It is essential reading for students and scholars of criminal justice and law.
Harold Berman’s masterwork narrates the interaction of evolution and revolution in the development of Western law. This new volume explores two successive transformations of the Western legal tradition under the impact of the sixteenth-century German Reformation and the seventeenth-century English Revolution, with particular emphasis on Lutheran and Calvinist influences. Berman examines the far-reaching consequences of these apocalyptic political and social upheavals on the systems of legal philosophy, legal science, criminal law, civil and economic law, and social law in Germany and England and throughout Europe as a whole.
Berman challenges both conventional approaches to legal history, which have neglected the religious foundations of Western legal systems, and standard social theory, which has paid insufficient attention to the communitarian dimensions of early modern economic law, including corporation law and social welfare.
Clearly written and cogently argued, this long-awaited, magisterial work is a major contribution to an understanding of the relationship of law to Western belief systems.
The roots of modern Western legal institutions and concepts go back nine centuries to the Papal Revolution, when the Western church established its political and legal unity and its independence from emperors, kings, and feudal lords. Out of this upheaval came the Western idea of integrated legal systems consciously developed over generations and centuries. Harold J. Berman describes the main features of these systems of law, including the canon law of the church, the royal law of the major kingdoms, the urban law of the newly emerging cities, feudal law, manorial law, and mercantile law. In the coexistence and competition of these systems he finds an important source of the Western belief in the supremacy of law.
Written simply and dramatically, carrying a wealth of detail for the scholar but also a fascinating story for the layman, the book grapples with wide-ranging questions of our heritage and our future. One of its main themes is the interaction between the Western belief in legal evolution and the periodic outbreak of apocalyptic revolutionary upheavals.
Berman challenges conventional nationalist approaches to legal history, which have neglected the common foundations of all Western legal systems. He also questions conventional social theory, which has paid insufficient attention to the origin of modern Western legal systems and has therefore misjudged the nature of the crisis of the legal tradition in the twentieth century.
Many people believe that conflict in the well-disciplined Japanese society is so rare that the Japanese legal system is of minor importance. Frank Upham shows conclusively that this view is mistaken and demonstrates that the law is extensively used, on the one hand, by aggrieved groups to articulate their troubles and mobilize political support and, on the other, by the government to channel and manage conflict after it has arisen.
This is the first Western book to take law seriously as an integral part of the dynamics of Japanese business and society, and to show how an informal legal system can work in a complex industrial democracy. Upham does this by focusing on four recent controversies with broad social implications: first, how Japan dealt with the world’s worst industrial pollution and eventually became a model for Western environmental reforms; second, how the police and courts have allowed one Japanese outcast group to use carefully orchestrated physical coercion to achieve wide-ranging affirmative action programs; third, how Japanese working women used the courts to force employers to eliminate many forms of discrimination and eventually convinced the government to pass an equal employment opportunity act; and, finally, how the Ministry of International Trade and Industry and various sectors of Japanese industry have used legal doctrine to cope with the dramatic changes in Japan’s economy over the last twenty-five years.
Readers interested in the interaction of law and society generally; those interested in contemporary Japanese sociology, politics, and anthropology; and American lawyers, businessmen, and government officials who want to understand how law works in Japan will all need this unusual new book.
What is the role of law in a society in which order is maintained mostly through social norms, trust, and nonlegal sanctions? Eric Posner argues that social norms are sometimes desirable yet sometimes odious, and that the law is critical to enhancing good social norms and undermining bad ones. But he also argues that the proper regulation of social norms is a delicate and complex task, and that current understanding of social norms is inadequate for guiding judges and lawmakers. What is needed, and what this book offers, is a model of the relationship between law and social norms. The model shows that people's concern with establishing cooperative relationships leads them to engage in certain kinds of imitative behavior. The resulting behavioral patterns are called social norms.
Posner applies the model to several areas of law that involve the regulation of social norms, including laws governing gift-giving and nonprofit organizations; family law; criminal law; laws governing speech, voting, and discrimination; and contract law. Among the engaging questions posed are: Would the legalization of gay marriage harm traditional married couples? Is it beneficial to shame criminals? Why should the law reward those who make charitable contributions? Would people vote more if non-voters were penalized? The author approaches these questions using the tools of game theory, but his arguments are simply stated and make no technical demands on the reader.
The essays in this volume investigate themes related to the place of law in Byzantine ideology and society. Although the Byzantines had a formal legal system, deriving from Justinian’s codification, this does not solve the problem but rather poses important questions. Was this a society which was meant to be governed by law? For answers, one must look at the intent of the legislators (to address specific problems, or to order society according to an ideal pattern?); the attitudes toward the law; the relationship between law, religion, literature, and art. What were the spheres—political, economic, private—that the laws and the lawgivers sought to regulate? The concepts of law and justice are quite different from each other, and the relationship between them is investigated here.
Of importance also, in this medieval society, are the connections between law and religion. There is the problem of the provenance of the law—whether the Emperor or God himself is the source of law—and the broad implications of the answer. At another level, ecclesiastical law was very important for everyday life, and the question arises of how much knowledge people had of it and how profound was their knowledge. Both people’s perceptions and their practices were shaped by their views of human justice and divine justice: whether these coincided, and whether they were administered through the same means, for the intervention of saints or icons might be seen as an alternative to human justice. As for human justice, there are questions that involve both society’s view of it and the education, knowledge, and interests of those who administered it.
Such issues are present in all medieval societies; the case of Byzantium is of particular interest because of the interplay between formal law and the conceptualizations and practices—some quite divergent from the ostensible purpose of legislation—which affected the legislators, the practitioners, and all of society.
Whether we are black, gay, Republican, women, or deaf, our associations--whether voluntary or assigned--constitute crucial and inescapable elements of our identities. Both voluntary and involuntary groups have been important in American history--more important than is generally recognized. But these groups have never been adequately addressed by law, which has as its primary focus the relationship between the individual and the state. The company we keep, says the constitutional law scholar Aviam Soifer, is presumed to be each person's own business, and generally beyond notice of the law. But as America becomes a more varied country and issues arising out of multiculturalism threaten to divide us, it becomes essential, Soifer argues, to recognize rights under the First Amendment that will protect the crucial roles of groups and communities within the larger national community.
Legal doctrine and the outcomes reached in judicial proceedings will be more coherent if we acknowledge that groups qua groups have significant legal impact. The building blocks of any quest for justice must include the groups--social, political, professional, civil, interpretive, religious--from which we derive and apply ethical standards in search of a better life. The ability to step outside traditional doctrinal boxes that concentrate on relationships between individuals and government will help not only legal thinkers but every person to reason toward justice.
Using history and literature to explore the complex issues of individual and group rights, Law and the Company We Keep is the first sustained account of the presence and importance of groups in our legal culture. It confronts central questions about the multiple roles of culture and symbol in defining our groups, and through them, our lives.
In these essays J. Willard Hurst shows the correlation between the conception of individual freedom and the application of law in the nineteenth-century United States—how individuals sought to use law to increase both their personal freedom and their opportunities for personal growth. These essays in jurisprudence and legal history are also a contribution to the study of social and intellectual history in the United States, to political science, and to economics as it concerns the role of public policy in our economy. The nonlawyer will find in them demonstration of how "technicalities" express deep issues of social values.
In these essays J. Willard Hurst shows the correlation between the conception of individual freedom and the application of law in the nineteenth-century United States—how individuals sought to use law to increase both their personal freedom and their opportunities for personal growth. These essays in jurisprudence and legal history are also a contribution to the study of social and intellectual history in the United States, to political science, and to economics as it concerns the role of public policy in our economy. The nonlawyer will find in them demonstration of how "technicalities" express deep issues of social values.
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