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.
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.
Through a series of vivid case studies, Authors in Court charts the 300-year-long dance between authorship and copyright that has shaped each institution’s response to changing social norms of identity, privacy, and celebrity.“A literary historian by training, Rose is completely at home in the world of law, as well as the history of photography and art. This is the work of an interdisciplinary scholar at the height of his powers. The arguments are sophisticated and the elegant text is a work of real craftsmanship. It is superb.”—Lionel Bently, University of Cambridge“Authors in Court is well-written, erudite, informative, and engaging throughout. As the chapters go along, we see the way that personalities inflect the supposedly impartial law; we see the role of gender in authorial self-fashioning; we see some of the fault lines which produce litigation; and we get a nice history of the evolution of the fair use doctrine. This is a book that should at least be on reserve for any IP–related course. Going forward, no one writing about any of the cases Rose discusses can afford to ignore his contribution.”—Lewis Hyde, Kenyon College
The grassroots queer activism and legal challenges that led to a landmark Supreme Court decision in favor of gay and lesbian equality.
In 2003 the US Supreme Court overturned anti-sodomy laws across the country, ruling in Lawrence v. Texas that the Constitution protects private consensual sex between adults. To some, the decision seemed to come like lightning from above, altering the landscape of America’s sexual politics all at once. In actuality, many years of work and organizing led up to the legal case, and the landmark ruling might never have happened were it not for the passionate struggle of Texans who rejected their state’s discriminatory laws.
Before Lawrence v. Texas tells the story of the long, troubled, and ultimately hopeful road to constitutional change. Wesley G. Phelps describes the achievements, setbacks, and unlikely alliances along the way. Over the course of decades, and at great risk to themselves, gay and lesbian Texans and their supporters launched political campaigns and legal challenges, laying the groundwork for Lawrence. Phelps shares the personal experiences of the people and couples who contributed to the legal strategy that ultimately overturned the state’s discriminatory law. Even when their individual court cases were unsuccessful, justice seekers and activists collectively influenced public opinion by insisting that their voices be heard. Nine Supreme Court justices ruled, but it was grassroots politics that vindicated the ideal of equality under the law.
Combining the insights of an economist and a political scientist, this new third edition of Cases in Public Policy Analysis offers real world cases to provide students with the institutional and political dimensions of policy problems as well as easily understood principles and methods for analyzing public policies.
Guess and Farnham clearly explain such basic tools as problem-identification, forecasting alternatives, cost-effectiveness analysis, and cost-benefit analysis and show how to apply these tools to specific cases. The new edition offers a revised framework for policy analysis, practical guidelines for institutional assessment, and five new action-forcing cases. Up-to-date materials involving complex policy issues, such as education reform, cigarette smoking regulation, air pollution control, public transit capital planning, HIV/AIDS prevention strategies, and prison overcrowding are also included.
Bridging the gap between methods and their application in real life, Cases in Public Policy Analysis will be of interest to professors involved with upper-division and graduate-level policy courses, as well as an excellent sourcebook in applied policy training for government practitioners and consultants.
This is the first digital version of Cases of Circumstantial Evidence, a collection of three historical novels by noted American writer Janet Lewis. For the first time, these works have been brought together in a single edition, each with a new introduction by Kevin Haworth:
The Wife of Martin Guerre
Based on a notorious trial in sixteenth-century France, The Wife of Martin Guerre follows Bertrande de Rois and her lost-and-returned husband through a tale of impersonation, conspiracy, and small-town intrigue. Their fascinating story has also inspired a bestselling historical study and two films, including The Return of Martin Guerre.
The Trial of Sören Qvist
Although set in seventeenth-century Denmark, The Trial of Sören Qvist has a contemporary feel and has been praised for its intriguing plot and for Lewis’s powerful writing. In this second novel in the Cases of Circumstantial Evidence, Lewis recounts the story of a murder, an investigation, and a pious town pastor who confesses to the crime, driven perhaps more by a recognition of his own moral flaws than by guilt for the acts of which he stood accused.
The Ghost of Monsieur Scarron
The court of Louis XIV and a modest Paris street provide the incongruous settings for this tale of a humble bookbinder, his wife, and the young craftsman who seduces her and blackmails her husband into covering up a terrible crime. This third and last case of circumstantial evidence bristles with character, the smell of blood, and considerable suspense against a backdrop of national political unrest in the cruel and dingy Paris of the seventeenth century.
William Howard Taft’s presidency (1909-1913), succeeding Theodore Roosevelt’s, was mired in bitter partisan fighting, and Taft sometimes blundered politically. However, this son of Cincinnati assumed his true calling when President Warren G. Harding appointed him to the U.S. Supreme Court in 1921. Taft remains the only person to have served both as president of the United States and as chief justice of the Supreme Court.
The Collected Works of William Howard Taft, Volume VIII, consists of “Liberty under Law” and selected Supreme Court opinions, among the most instructive accomplishments of Taft’s ten years at the helm of the court. The writings reveal the sober judgments of a federalist who viewed state regulation with suspicion, championed national government, and saw an independent and powerful judiciary as the bulwark protecting the “vested rights” that the framers of the U.S. Constitution sought to guarantee.
Whatever his failings as a politician, Taft was an intellectual powerhouse who knew how to use the law as a lever to encourage society to move toward more stable and productive ends. Although Taft is considered an average president at best, historians and political scientists rank him among fifteen “near greats” who have served on the high court. His ability and his love for the law shine through in Volume VIII, the concluding volume of The Collected Works of William Howard Taft. As Taft reportedly said to President Harding upon his appointment as chief justice, “I love judges and I love courts. They are my ideals on earth of what we shall meet afterward in heaven under a just God.”
Compared to previous editions of The Constitutional Jurisprudence of the Federal Republic of Germany, this third edition more closely tracks Germany's Basic Law and, therefore, the systematic approach reflected in the most-respected German constitutional law commentaries. Entirely new chapters address the relationship between German law and European and international law; social and economic rights, including the property and occupational rights cases that have emerged from Reunification; jurisprudence related to issues of equality, particularly gender equality; and the tension between Germany's counterterrorism efforts and its constitutional guarantees of liberty. Kommers and Miller have also updated existing chapters to address recent decisions involving human rights, federalism, European integration, and religious liberty.
The Americans with Disabilities Act (ADA) of 1990 was intended to send a clear message to society that discrimination on the basis of disability is unacceptable. As with most civil rights laws, the courts were given primary responsibility for implementing disability rights policy.
Mezey argues that the act has not fulfilled its potential primarily because of the judiciary's "disabling interpretations" in adjudicating ADA claims. In the decade of litigation following the enactment of the ADA, judicial interpretation of the law has largely constricted the parameters of disability rights and excluded large numbers of claimants from the reach of the law. The Supreme Court has not interpreted the act broadly, as was intended by Congress, and this method of decision making was for the most part mirrored by the courts below. The high court's rulings to expand state sovereign immunity and insulate states from liability in damage suits has also caused claimants to become enmeshed in litigation and has encouraged defendants to challenge other laws affecting disability rights. Despite the law's strong civil rights rhetoric, disability rights remain an imperfectly realized goal.
The current field of communication derives from the historical study
of rhetoric. Over the last few decades, however, as the trend toward theoretical
conceptions has driven analysis and as a host of "isms" has defined
criticism, communication studies have moved away from a predominantly historical
Yet many scholars in the field continue to find benefits in rhetorical
history. In the thirteen essays gathered here, eminent scholars address
the ongoing dialogue over the regrounding of rhetorical study and the relationship
between theory and history as well as history and criticism in the field.
Some examine the conceptual issues involved in the juncture of rhetoric
and history; others offer case studies, often based on research with primary
documents, to illustrate the process and promise of rhetorical history.
Collectively, their work tests theory and complements criticism while standing
as a distinct and valid approach in and of itself.
The conceptualizations and methodologies of rhetorical history will
increase in significance during the burgeoning "Communication Age"
as we seek to cope with the present and prepare for the future by better
understanding the past. This volume serves as an excellent overview of
a recently neglected methodological approach and acts as the first step
in ending that neglect.
From their grade school classrooms forward, students of science are encouraged to memorize and adhere to the “scientific method”—a model of inquiry consisting of five to seven neatly laid-out steps, often in the form of a flowchart. But walk into the office of a theoretical physicist or the laboratory of a biochemist and ask “Which step are you on?” and you will likely receive a blank stare. This is not how science works. But science does work, and here award-winning teacher and scholar Steven Gimbel provides students the tools to answer for themselves this question: What actually is the scientific method?
Exploring the Scientific Method pairs classic and contemporary readings in the philosophy of science with milestones in scientific discovery to illustrate the foundational issues underlying scientific methodology. Students are asked to select one of nine possible fields—astronomy, physics, chemistry, genetics, evolutionary biology, psychology, sociology, economics, or geology—and through carefully crafted case studies trace its historical progression, all while evaluating whether scientific practice in each case reflects the methodological claims of the philosophers. This approach allows students to see the philosophy of science in action and to determine for themselves what scientists do and how they ought to do it.
Exploring the Scientific Method will be a welcome resource to introductory science courses and all courses in the history and philosophy of science.
Women on death row are such a rarity that, once condemned, they may be ignored and forgotten. Ohio, a typical, middle-of-the-road death penalty state, provides a telling example of this phenomenon. The Fairer Death: Executing Women in Ohio explores Ohio’s experience with the death penalty for women and reflects on what this experience reveals about the death penalty for women throughout the nation.
Victor Streib’s analysis of two centuries of Ohio death penalty legislation and adjudication reveals no obvious exclusion of women or even any recognition of an issue of sex bias. In this respect, Ohio’s justice system exemplifies the subtle and insidious nature of this cultural disparity.
Professor Streib provides detailed descriptions of the cases of the four women actually executed by Ohio since its founding and of the cases of the eleven women sentenced to death in Ohio in the current death penalty era (1973–2005). Some of these cases had a profound impact on death penalty law, but most were routine and drew little attention. A generation later, reversals and commutations have left only one woman on Ohio’s death row.
Although Streib focuses specifically on Ohio, the underlying premise is that Ohio is, in many ways, a typical death penalty state. The Fairer Death provides insight into our national experience, provoking questions about the rationale for the death penalty and the many disparities in its administration.
Describes landmark free speech decisions of the Supreme Court while highlighting the issues of language, rhetoric, and communication that underlie them.
At the intersection of communication and First Amendment law reside two significant questions: What is the speech we ought to protect, and why should we protect it? The 20 scholars of legal communication whose essays are gathered in this volume propose various answers to these questions, but their essays share an abiding concern with a constitutional guarantee of free speech and its symbiotic relationship with communication practices.
Free Speech on Trial fills a gap between textbooks that summarize First Amendment law and books that analyze case law and legal theory. These essays explore questions regarding the significance of unregulated speech in a marketplace of goods and ideas, the limits of offensive language and obscenity as expression, the power of symbols, and consequences of restraint prior to publication versus the subsequent punishment of sources. As one example, Craig Smith cites Buckley vs. Valeo to examine how the context of corruption in the 1974 elections shaped the Court's view of the constitutionality of campaign contributions and expenditures.
Collectively, the essays in this volume suggest that the life of free speech law is communication. The contributors reveal how the Court's free speech opinions constitute discursive performances that fashion, deconstruct, and reformulate the contours and parameters of the Constitution’s guarantee of free expression and that, ultimately, reconstitute our government, our culture, and our society.
From the McDonald’s hot coffee case to the cattle ranchers’ beef with Oprah Winfrey, from the old English "Assize of Bread" to current nutrition labeling laws, what we eat and how we eat are shaped as much by legal regulations as by personal taste. Barry M. Levenson, the curator of the world-famous (really!) Mount Horeb Mustard Museum and a self-proclaimed "recovering lawyer," offers in Habeas Codfish an entertaining and expert overview of the frustrating, frightening, and funny intersections of food and the law.
Discover how Mr. Peanut shaped the law of trademark infringement for the entire food industry. Consider the plight of the restaurant owner besmirched by a journalist’s negative review. Find out how traditional Jewish laws of kashrut ran afoul of the First Amendment. Prison meals, butter vs. margarine, definitions of organic food, undercover ABC reporters at the Food Lion, the Massachusetts Supreme Court case that saved fish chowder, even recipes—it’s all in here, so tuck in!
A history of racism and segregation in twentieth-century Houston and beyond.
Through the 1950s and beyond, the Supreme Court issued decisions that appeared to provide immediate civil rights protections to racial minorities as it relegated Jim Crow to the past. For black Houstonians who had been hoping and actively fighting for what they called a “raceless democracy,” these postwar decades were often seen as decades of promise. In Houston and the Permanence of Segregation, David Ponton argues that these were instead “decades of capture”: times in which people were captured and constrained by gender and race, by faith in the law, by antiblack violence, and even by the narrative structures of conventional histories. Bringing the insights of Black studies and Afropessimism to the field of urban history, Ponton explores how gender roles constrained thought in black freedom movements, how the “rule of law” compelled black Houstonians to view injustice as a sign of progress, and how antiblack terror undermined Houston’s narrative of itself as a “heavenly” place.
Today, Houston is one of the most racially diverse cities in the United States, and at the same time it remains one of the most starkly segregated. Ponton’s study demonstrates how and why segregation has become a permanent feature in our cities and offers powerful tools for imagining the world otherwise.
The cases concerned matters ranging from The New York Times's publication of the Pentagon Papers to Hugo Zacchini's claim that TV broadcasts of his human cannonball act threatened his livelihood. Bezanson also examines the case of politician blackballed by the Miami Herald; the Pittsburgh Press's argument that it had the right to use gender based column headings in its classifieds; and a crime victim suing the Des Moines Register over the paper's publication of intimate details, including the victim's name.
Since 2006, the United Nations and Cambodian Government have participated in the Extraordinary Chambers in the Courts of Cambodia, a hybrid tribunal created to try key Khmer Rouge officials for crimes of the Pol Pot era. In Hybrid Justice, John D. Ciorciari and Anne Heindel examine the contentious politics behind the tribunal’s creation, its flawed legal and institutional design, and the frequent politicized impasses that have undermined its ability to deliver credible and efficient justice and leave a positive legacy. They also draw lessons and principles for future hybrid and international courts and proceedings.
To achieve justice and equal protection under the law, Latinos have turned to the U.S. court system to assert and defend their rights. Some of these cases have reached the United States Supreme Court, whose rulings over more than a century have both expanded and restricted the legal rights of Latinos, creating a complex terrain of power relations between the U.S. government and the country's now-largest ethnic minority. To map this legal landscape, Latinos and American Law examines fourteen landmark Supreme Court cases that have significantly affected Latino rights, from Botiller v. Dominguez in 1889 to Alexander v. Sandoval in 2001.
Carlos Soltero organizes his study chronologically, looking at one or more decisions handed down by the Fuller Court (1888-1910), the Taft Court (1921-1930), the Warren Court (1953-1969), the Burger Court (1969-1986), and the Rehnquist Court (1986-2005). For each case, he opens with historical and legal background on the issues involved and then thoroughly discusses the opinion(s) rendered by the justices. He also offers an analysis of each decision's significance, as well as subsequent developments that have affected its impact. Through these case studies, Soltero demonstrates that in dealing with Latinos over issues such as education, the administration of criminal justice, voting rights, employment, and immigration, the Supreme Court has more often mirrored, rather than led, the attitudes and politics of the larger U.S. society.
Despite international conventions and human rights declarations, millions of people have suffered and continue to suffer torture, slavery, or violent deaths, with no remedy or recourse. They have fallen, in essence, “below the law,” outside of law’s protection. Often violated by their own governments, sometimes with support from transnational corporations, or nations benefiting from human rights violations, how can these victims find justice? Lawyers Beyond Borders reveals the inner workings of the advances and retreats in the quest for redress and restoration of human rights for those whom international legal-political systems have failed. The process of justice begins in the US, with a handful of human rights lawyers steeped in the American tradition of advancing civil rights through civil litigation. As the civil rights movement gained traction and an ample supply of lawyers, this small cadre turned their attention toward advancing international human rights, via the US legal system. They sought to build another piece of the rights revolution, this time for survivors of egregious human rights violations in faraway lands. These cases were among the most unlikely to be slated for victory: The abuses occurred abroad; the victims are aliens, usually with few, if any, resources; the perpetrators are politically powerful, resourced, and well connected, often members of governments, militaries, or multinational corporations. The legal and political systems’ structures are mostly stacked against these survivors, many who bear the scars of trauma and terror.
Lawyers Beyond Borders is about agency. It is about how, in the face of powerful interests and seemingly insurmountable obstacles—political, psychological, economic, geographical, and physical—a small group of lawyers and survivors navigated a terrain of daunting barriers to begin building, case-by-case, new pathways to justice for those who otherwise would have none.
Identifying “lessons learned” is not new—the military has been doing it for decades. However, members of the worldwide intelligence community have been slow to extract wider lessons gathered from the past and apply them to contemporary challenges. Learning from the Secret Past is a collection of ten carefully selected cases from post-World War II British intelligence history. Some of the cases include the Malayan Emergency, the Cuban Missile Crisis, Northern Ireland, and the lead up to the Iraq War. Each case, accompanied by authentic documents, illuminates important lessons that today's intelligence officers and policymakers—in Britain and elsewhere—should heed.
Written by former and current intelligence officers, high-ranking government officials, and scholars, the case studies in this book detail intelligence successes and failures, discuss effective structuring of the intelligence community, examine the effective use of intelligence in counterinsurgency, explore the ethical dilemmas and practical gains of interrogation, and highlight the value of human intelligence and the dangers of the politicization of intelligence. The lessons learned from this book stress the value of past experience and point the way toward running effective intelligence agencies in a democratic society.
Scholars and professionals worldwide who specialize in intelligence, defense and security studies, and international relations will find this book to be extremely valuable.
Despite a vast amount of effort and expertise devoted to them, many environmental conflicts have remained mired in controversy, stubbornly defying resolution. Why can some environmental problems be resolved in one locale but remain contentious in another, often carrying on for decades? What is it about certain issues or the people involved that make a conflict seemingly insoluble.
Making Sense of Intractable Environmental Conflicts addresses those and related questions, examining what researchers and experts in the field characterize as "intractable" disputes—intense disputes that persist over long periods of time and cannot be resolved through consensus-building efforts or by administrative, legal, or political means. The approach focuses on the "frames" parties use to define and enact the dispute—the lenses through which they interpret and understand the conflict and critical conflict dynamics. Through analysis of interviews, news media coverage, meeting transcripts, and archival data, the contributors to the book:
Conflicts examined include those over natural resource use, toxic pollutants, water quality, and growth. Specific conflicts examined are the Quincy Library Group in California; Voyageurs National Park in Minnesota; Edwards Aquifer in Texas; Doan Brook in Cleveland, Ohio; the Antidegradation Environmental Advisory Group in Ohio; Drake Chemical in Pennsylvania; Alton Park/Piney Woods in Tennessee; and three examples of growth-related conflicts along the Front Range of Colorado's Rocky Mountains.
The Mongol conquest of China in the thirteenth century and Khubilai Khan’s founding of the Yuan dynasty brought together under one government people of different languages, religions, and social customs. Chinese law evolved rapidly to accommodate these changes, as reflected in the great compendium Yuan dianzhang (Statutes and Precedents of the Yuan Dynasty). The records of legal cases contained in this seminal text, Bettine Birge shows, paint a portrait of medieval Chinese family life—and the conflicts that arose from it—that is unmatched by any other historical source.Marriage and the Law in the Age of Khubilai Khan reveals the complex, sometimes contradictory inner workings of the Mongol-Yuan legal system, seen through the prism of marriage disputes in chapter eighteen of the Yuan dianzhang, which has never before been translated into another language. Birge’s meticulously annotated translation clarifies the meaning of terms and passages, some in a hybrid Sino-Mongolian language, for specialists and general readers alike. The text includes court testimony—recorded in the vivid vernacular of people from all social classes—in lawsuits over adultery, divorce, rape, wife-selling, marriages of runaway slaves, and other conflicts. It brings us closer than any other source to the actual Mongolian speech of Khubilai and the great khans who succeeded him as they struggled to reconcile very different Mongol, Muslim, and Chinese legal traditions and confront the challenges of ruling a diverse polyethnic empire.
Detlef Sprinz is a Senior Fellow at the Department of Global Change and Social Systems of the Potsdam Institute for Climate Impact Research and teaches on the Faculty of Social Science at the University of Potsdam, Germany.
Yael Wolinsky-Nahmias is Senior Lecturer and Associate Chair in the Department of Political Science at Northwestern University.
Politics, Writing, Mutilation was first published in 1985. Minnesota Archive Editions uses digital technology to make long-unavailable books once again accessible, and are published unaltered from the original University of Minnesota Press editions.
Five twentieth-century French writers played, and continue to play, a pivotal role in the development of literary-philosophical thinking that has come to be known in the United States as post-structuralism. The work of Georges Bataille, Maurice Blanchot, Raymond Roussel, Michel Leiris, and Francis Ponge in the 1930s and 1940s amounts to a prehistory of today's theoretical debates; the writings of Foucault and Derrida in particular would have been unthinkable outside the context provided by these writers. In Politics, Writing, Mutilation,Allan Stoekl emphasizes their role as precursors, but he also makes clear that they created a distinctive body of work that must be read and evaluated on its own terms.
Stoekl's critical readings of their work—selected novels, poems, and autobiographical fragments—reveal them to be battlegrounds not only of disruptive language practices, but of conflicting political drives as well. These irreconcilable tendencies can be defined as progressive political revolution, on the one hand with its emphasis on utility, conservation, and labor; and, on the other hand, a notion of dangerous and sinister production that stresses orgiastic sexuality and delirious expenditure. Caught between these forces is the intellectual of Bataille's time (and indeed of ours), locked in impotence, self-betrayal, and automutilation.
Stoekl develops his critique through dual readings of each writer's central work—the first reading deconstructive, the second a search for the political meaning excluded by a deconstructive approach. Repeating this process on a larger scale, he shows how Derrida and Foucault are indebted to their precursors even while they have betrayed them by stripping their work of political conflict and historical specificity. And he acknowledges that one of the most painful questions faced in prewar and Occupied France—that of the unthinkable guilt and duplicity of the intellectual—may not be as remote from contemporary theoretical concerns as some would have us believe.
For nearly fifteen years Practical Decision Making in Health Care Ethics has offered scholars and students a highly accessible and teachable alternative to the dominant principle-based theories in the field. Devettere’s approach is not based on an ethics of abstract obligations and duties, but, following Aristotle, on how to live a fulfilled and happy life—in short, an ethics of personal well-being grounded in prudence, the virtue of ethical decision making.
This third edition is revised and updated and includes discussions of several landmark cases, including the tragic stories of Terri Schiavo and Jesse Gelsinger (the first death caused by genetic research). Devettere addresses new topics such as partial-birth abortion law, embryonic stem cell research, infant euthanasia in The Netherlands, recent Vatican statements on feeding tubes, organ donation after cardiac death, new developments in artificial hearts, clinical trials developed by pharmaceutical companies to market new drugs, ghostwritten scientific articles published in major medical journals, and controversial HIV/AIDS research in Africa. This edition also includes a new chapter on the latest social and political issues in American health care.
Devettere’s engaging text relies on commonsense moral concepts and avoids academic jargon. It includes a glossary of legal, medical, and ethical terms; an index of cases; and thoroughly updated bibliographic essays at the end of each chapter that offer resources for further reading. It is a true classic, brilliantly conceived and executed, and is now even more valuable to undergraduates and graduate students, medical students, health care professionals, hospital ethics committees and institutional review boards, and general readers interested in philosophy, medicine, and the rapidly changing field of health care ethics.
For more than twenty years Practical Decision Making in Health Care Ethics has offered scholars and students a highly accessible and teachable alternative to the dominant principle-based theories in the field. Raymond J. Devettere's approach is not based on an ethics of abstract obligations and duties but, following Aristotle, on how to live a fulfilled and happy life—in short, an ethics of personal well-being grounded in prudence, the virtue of ethical decision making.
New sections added in this revised fourth edition include sequencing whole genomes, even those of newborns; the new developments in genetic testing now provided by online commercial companies such as 23andMe; the genetic testing of fetuses by capturing their DNA circulating in the pregnant woman's blood; the Stanford Prison experiment and its relevance to the abuses at the Abu Graib prison; recent breakthroughs in the diagnosis of consciousness disorders such as PVS; the ongoing controversy generated by the NIH study of premature babies at many NICUs throughout the county, a study known as SUPPORT that the OHRP (Office of Human Research Protections, an office within the department of HHS) deemed unethical.
Devettere updates most chapters. New cases include Marlise Munoz (dead pregnant woman's body kept on life support by a Texas hospital), Jahi McMath (teenager pronounced dead in California but treated as alive in New Jersey), Margot Bentley (nursing home feeding a woman dying of end stage Alzheimer’s despite her advance directive that said no nourishment or liquids if she was dying with dementia), Brittany Maynard (dying 29-year-old California woman who moved to Oregon to commit suicide with a physician's help), and Samantha Burton (woman with two children who suffered rupture of membranes at 25 weeks and whose physician obtained a court order to keep her at the hospital to make sure she stayed on bed rest). Thoughtfully updated and renewed for a new generation of readers, this classic textbook will be required reading for students and scholars of philosophy and medical ethics.
Red Eagle’s Children presents the legal proceedings in an inheritance dispute that serves as an unexpected window on the intersection of two cultural and legal systems: Creek Indian and Euro-American.
Contributors. David Batstone, Berit Bretthauer, Enrique Dussel, Dwight N. Hopkins, Mark Juergensmeyer, Lois Ann Lorentzen, Eduardo Mendieta, Vijaya Rettakudi Nagarajan, Kathryn Poethig, Lamin Sanneh, Linda E. Thomas
The three most important Supreme Court Justices before the Civil War—Chief Justices John Marshall and Roger B. Taney and Associate Justice Joseph Story—upheld the institution of slavery in ruling after ruling. These opinions cast a shadow over the Court and the legacies of these men, but historians have rarely delved deeply into the personal and political ideas and motivations they held. In Supreme Injustice, the distinguished legal historian Paul Finkelman establishes an authoritative account of each justice’s proslavery position, the reasoning behind his opposition to black freedom, and the incentives created by circumstances in his private life.Finkelman uses census data and other sources to reveal that Justice Marshall aggressively bought and sold slaves throughout his lifetime—a fact that biographers have ignored. Justice Story never owned slaves and condemned slavery while riding circuit, and yet on the high court he remained silent on slave trade cases and ruled against blacks who sued for freedom. Although Justice Taney freed many of his own slaves, he zealously and consistently opposed black freedom, arguing in Dred Scott that free blacks had no Constitutional rights and that slave owners could move slaves into the Western territories. Finkelman situates this infamous holding within a solid record of support for slavery and hostility to free blacks.Supreme Injustice boldly documents the entanglements that alienated three major justices from America’s founding ideals and embedded racism ever deeper in American civic life.
Taking Back Eden is a set of case studies of environmental lawsuits brought in eight countries around the world, including the U.S, beginning in the 1960s. The book conveys what is in fact a revolution in the field of law: ordinary citizens (and lawyers) using their standing as citizens in challenging corporate practices and government policies to change not just the way the environment is defended but the way that the public interest is recognized in law. Oliver Houck, a well-known environmental attorney, professor of law, and extraordinary storyteller, vividly depicts the places protected, as well as the litigants who pursued the cases, their strategies, and the judges and other government officials who ruled on them.
This book will appeal to upperclass undergraduates, graduate students, and to all citizens interested in protecting the environment.
Thus Ruled Emir Abbas is an important new research tool that reveals much about daily life in Kano, the wealthiest and most populous emirate of the African Sokoto Caliphate. It contains a selection of Kano Judicial Council documents, as well as their English translations, that deal with matters such as land disputes, tax collection disputes, and theft. These documents are invaluable resources that reveal much about Kano social, economic, and political life before the region came under the influence of colonial institutions, law, and language. This selection of records for more than 415 cases, along with their translations, will become essential reading for those interested in Nigeria’s past and will certainly become a standard work in the field of Nigerian history and anthropology.
Participatory democracy calls for the creation and proliferation of practices and institutions that enable individuals and groups to better determine the conditions in which they act and relate to others. Michael Menser’s timely book We Decide! is arguably the most comprehensive treatment of participatory democracy. He explains the three waves of participatory democracy theory to show that this movement is attentive to the mechanics of contemporary political practices. Menser also outlines “maximal democracy,” his own view of participatory democracy that expands people’s abilities to shape their own lives, reduce inequality, and promote solidarity.
We Decide! draws on liberal, feminist, anarchist, and environmental justice philosophies as well as in-depth case studies of Spanish factory workers, Japanese housewives, and Brazilian socialists to show that participatory democracy actually works. Menser concludes his study by presenting a reconstructed version of the state that is shaped not by corporations but by inclusive communities driven by municipal workers, elected officials, and ordinary citizens working together. In this era of Bernie Sanders and Donald Trump, the participatory democracy proposed in We Decide! is more significant than ever.
Sex can be an oppressive force, a tool to shame, divide, and control a population. But it can also be a force for change, for the legal and physical challenge of inequity and injustice. In West of Sex, Pablo Mitchell uses court transcripts and criminal cases to provide the first coherent picture of Mexican-American sexuality at the turn of the twentieth century, and a truly revelatory look at sexual identity in the borderlands.
As Mexicans faced a rising tide of racial intolerance in the American West, some found cracks in the legal system that enabled them to assert their rights as full citizens, despite institutional hostility. In these chapters, Mitchell offers a rare glimpse into the inner workings of ethnicity and power in the United States, placing ordinary Mexican women and men at the center of the story of American sex, colonialism, and belonging.
Other chapters discuss topics like prostitution, same-sex intimacy, sexual violence, interracial romance, and marriage with an impressive level of detail and complexity. Written in vivid and accessible prose, West of Sex offers readers a new vision of sex and race in American history.
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