logo for University of North Texas Press
Accidental Activists
Mark Phariss, Vic Holmes, and Their Fight for Marriage Equality in Texas
David Collins
University of North Texas Press, 2017

front cover of Against Citizenship
Against Citizenship
The Violence of the Normative
Amy L. Brandzel
University of Illinois Press, 2016
Numerous activists and scholars have appealed for rights, inclusion, and justice in the name of "citizenship." Against Citizenship provocatively shows that there is nothing redeemable about citizenship, nothing worth salvaging or sustaining in the name of "community," practice, or belonging. According to Brandzel, citizenship is a violent dehumanizing mechanism that makes the comparative devaluing of human lives seem commonsensical, logical, and even necessary. Against Citizenship argues that whenever we work on behalf of citizenship, whenever we work toward including more types of peoples under its reign, we inevitably reify the violence of citizenship against nonnormative others.

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.

[more]

front cover of Alabama Justice
Alabama Justice
The Cases and Faces That Changed a Nation
Steven P. Brown
University of Alabama Press, 2020
WINNER OF THE ANNE B. & JAMES B. MCMILLAN PRIZE IN SOUTHERN HISTORY
 
Examines the legacies of eight momentous US Supreme Court decisions that have their origins in Alabama legal disputes
 
Unknown to many, Alabama has played a remarkable role in a number of Supreme Court rulings that continue to touch the lives of every American. In Alabama Justice: The Cases and Faces That Changed a Nation, Steven P. Brown has identified eight landmark cases that deal with religion, voting rights, libel, gender discrimination, and other issues, all originating from legal disputes in Alabama.
 
Written in a concise and accessible manner, each case law chapter begins with the circumstances that created the dispute. Brown then provides historical and constitutional background for the issue followed by a review of the path of litigation. Excerpts from the Court’s ruling in the case are also presented, along with a brief account of the aftermath and significance of the decision. The First Amendment (New York Times v. Sullivan), racial redistricting (Gomillion v. Lightfoot), the Equal Protection Clause of the Fourteenth Amendment (Frontiero v. Richardson), and prayer in public schools (Wallace v. Jaffree) are among the pivotal issues stamped indelibly by disputes with their origins in Alabama legal, political, and cultural landscapes. By examining such landmark twentieth-century milestones and eras such as the Scottsboro Boys trial, the Civil Rights movement, and the fight for women’s rights through a legal lens, Brown sheds new and unexpected light on the ways that events in Alabama have shaped the nation.
 
In addition to his analysis of cases, Brown discusses the three associate Supreme Court justices from Alabama to the Supreme Court: John McKinley, John Archibald Campbell, and Hugo Black. Their cumulative influence on constitutional interpretation, the institution of the Court, and the day-to-day rights and liberties enjoyed by every American is impossible to measure. A closing chapter examines the careers and contributions of these three Alabamians.
 
[more]

front cover of The Ambivalence of Power in the Twenty-First Century Economy
The Ambivalence of Power in the Twenty-First Century Economy
Cases from Russia and Beyond
Edited by Vadim Radaev and Zoya Kotelnikova
University College London, 2022
An interdisciplinary perspective on the use and abuse of power in political economy.

This book explores the ambivalent nature of power as wielded in economic practices from an empirical perspective. It offers a collection of country-based cases and critically assesses the existing conceptions of power from a cross-disciplinary perspective. Analyzing power at the macro, meso, and micro levels allows the volume to highlight the complexity of political economy in the twenty-first century. Each chapter addresses key elements of a given political economy (from the ambivalence of the cases of former communist countries that do not conform with the grand narratives about democracy and markets to the dual utility of new technologies such as face-recognition), thus providing mounting evidence for the centrality of understanding ambivalence in the analysis of power.
[more]

front cover of Art and Freedom of Speech
Art and Freedom of Speech
Randall P. Bezanson
University of Illinois Press, 2009

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.

[more]

front cover of Authors in Court
Authors in Court
Scenes from the Theater of Copyright
Mark Rose
Harvard University Press, 2016

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

[more]

front cover of Before Lawrence v. Texas
Before Lawrence v. Texas
The Making of a Queer Social Movement
Wesley G. Phelps
University of Texas Press, 2022

2024 Carol Horton Tullis Memorial Prize, Texas State Historical Association

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.

[more]

front cover of Cases in Public Policy Analysis
Cases in Public Policy Analysis
Third Edition
George M. Guess and Paul G. Farnham
Georgetown University Press, 2011

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.

[more]

front cover of Cases of Circumstantial Evidence
Cases of Circumstantial Evidence
Janet Lewis
Ohio University Press, 2013

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.

[more]

front cover of The Child Cases
The Child Cases
How America's Religious Exemption Laws Harm Children
Alan Rogers
University of Massachusetts Press, 2014
When a four-year-old California girl died on March 9, 1984, the state charged her mother with involuntary manslaughter because she failed to provide her daughter with medical care, choosing instead to rely on spiritual healing. During the next few years, a half dozen other children of Christian Science parents died under similar circumstances. The children's deaths and the parents' trials drew national attention, highlighting a deeply rooted, legal/political struggle to define religious freedom.

Through close analysis of these seven cases, legal historian Alan Rogers explores the conflict between religious principles and secular laws that seek to protect children from abuse and neglect. Christian Scientists argued—often with the support of mainline religious groups—that the First Amendment's "free exercise" clause protected religious belief and behavior. Insisting that their spiritual care was at least as effective as medical treatment, they thus maintained that parents of seriously ill children had a constitutional right to reject medical care.

Congress and state legislatures confirmed this interpretation by inserting religious exemption provisos into child abuse laws. Yet when parental prayer failed and a child died, prosecutors were able to win manslaughter convictions by arguing—as the U.S. Supreme Court had held for more than a century—that religious belief could not trump a neutral, generally applicable law. Children's advocates then carried this message to state legislatures, eventually winning repeal of religious exemption provisions in a handful of states.
[more]

front cover of Church State Corporation
Church State Corporation
Construing Religion in US Law
Winnifred Fallers Sullivan
University of Chicago Press, 2020
Church and state: a simple phrase that reflects one of the most famous and fraught relationships in the history of the United States. But what exactly is “the church,” and how is it understood in US law today? In Church State Corporation, religion and law scholar Winnifred Fallers Sullivan uncovers the deeply ambiguous and often unacknowledged ways in which Christian theology remains alive and at work in the American legal imagination.

Through readings of the opinions of the US Supreme Court and other legal texts, Sullivan shows how “the church” as a religious collective is granted special privilege in US law. In-depth analyses of Hosanna-Tabor v. EEOC and Burwell v. Hobby Lobby reveal that the law tends to honor the religious rights of the group—whether in the form of a church, as in Hosanna-Tabor, or in corporate form, as in Hobby Lobby—over the rights of the individual, offering corporate religious entities an autonomy denied to their respective members. In discussing the various communities that construct the “church-shaped space” in American law, Sullivan also delves into disputes over church property, the legal exploitation of the black church in the criminal justice system, and the recent case of Masterpiece Cakeshop v. Colorado Civil Rights Commission. Brimming with insight, Church State Corporation provocatively challenges our most basic beliefs about the ties between religion and law in ostensibly secular democracies.
[more]

logo for Ohio University Press
The Collected Works of William Howard Taft, Volume VIII
“Liberty under Law” and Selected Supreme Court Opinions
Francis Graham Lee
Ohio University Press, 2004

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.”

[more]

front cover of Constitutional Judiciary in a New Democracy
Constitutional Judiciary in a New Democracy
The Hungarian Constitutional Court
Laszlo Solyom and Georg Brunner, Editors
University of Michigan Press, 2000
Two in-depth essays and a selection of twenty-seven of the most important decisions present the Hungarian Constitutional Court as one of the most important actors of the transition into democracy in a post-communist country.
How was it possible that a new Court established in 1990, in a country just released from forty years of Communist rule, was able to enforce a Constitution, maintain the rule of law, and protect the freedom of its citizens in a way comparable to the U.S. Supreme Court? This new Court has issued decisions on topics ranging from the establishment of democracy and a market economy--privatization, compensation for the nationalization of property, and retroactive criminal legislation--as well as such issues as the constitutionality of capital punishment, abortion, freedom of speech and the media, and the separation of powers.
U.S. Supreme Court Justice Stephen Breyer provides the foreword and introduces the two essays that begin the book. In the first essay, Georg Brunner explains how the Court was set up and what its procedures are. In the second, Lázszló Sólyom describes systematically the emergence of the case-law of the Court and its jurisprudence on constitutional rights and on the powers and procedures of the other branches of government. The models followed by the Court are outlined, and its contribution to global constitutionalism explored.
Lázszló Sólyom is President of the Constitutional Court of Hungary and Professor of Law, ELTE University of Budapest. Georg Brunner is Professor of Law, University of Cologne, Germany.
[more]

front cover of The Constitutional Jurisprudence of the Federal Republic of Germany
The Constitutional Jurisprudence of the Federal Republic of Germany
Third edition, Revised and Expanded
Donald P. Kommers and Russell A. Miller
Duke University Press, 2012
First published in 1989, The Constitutional Jurisprudence of the Federal Republic of Germany has become an invaluable resource for scholars and practitioners of comparative, international, and constitutional law, as well as of German and European politics. The third edition of this renowned English-language reference has now been fully updated and significantly expanded to incorporate both previously omitted topics and recent decisions of the German Federal Constitutional Court. As in previous editions, Donald P. Kommers and Russell A. Miller's discussions of key developments in German constitutional law are augmented by elegantly translated excerpts from more than one hundred German judicial decisions.

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.

[more]

front cover of Death Penalty in Decline?
Death Penalty in Decline?
The Fight against Capital Punishment in the Decades since Furman v. Georgia
Austin Sarat
Temple University Press, 2024
How have prospects for abolishing the death penalty changed since the 1972 Supreme Court decision, Furman v Georgia? The editor and contributors to Death Penalty in Decline? assess the contemporary death penalty landscape and look at the trends in and attitudes toward capital punishment and its abolition. They highlight factors that are propelling alternatives to the death penalty as well as the obstacles to ending it.

At a time when the United States is undertaking an unprecedented national reconsideration of the death penalty, Death Penalty in Decline? seeks to evaluate how abolitionists might succeed today.

Contributors: John Bessler, Corinna Barrett Lain, James R. Martel, Linda Ross Meyer, Carol S. Steiker, Jordan M. Steiker, and the editor
[more]

front cover of Democratizing Communist Militaries
Democratizing Communist Militaries
The Cases of the Czech and Russian Armed Forces
Marybeth Peterson Ulrich
University of Michigan Press, 2000
Military support for democratically elected governments in the states emerging from communism in eastern Europe and elsewhere is critically important to the survival of the new democracies. We have seen the military overthrow civilian governments in many states in Latin America and Africa. What can be done to promote support for democratic government in transitional states?
In a groundbreaking study, Marybeth Peterson Ulrich explores the attitudes of the leaders of the armed forces in Russia and the Czech Republic toward the new democratic governments and suggests ways in which we might encourage the development of politically neutral militaries in these states. Building on the work of Samuel Huntington and others on the relationship between the military and the state, the author suggests that norms of military professionalism must change if the armies in countries making a transition from communist rule are to become strong supporters of the democratic state. The Czech Republic and Russia are interesting cases, because they have had very different experiences in the transition; they have different geopolitical goals; and they experienced different military-civilian relationships during the Soviet period. The author also explores American and NATO programs to promote democratization in these militaries and suggests changes in the programs.
Marybeth Peterson Ulrich is Associate Professor of Government, U.S. Army War College.
[more]

front cover of Disabling Interpretations
Disabling Interpretations
The Americans With Disabilities Act In Federal Court
Susan Gluck Mezey
University of Pittsburgh Press, 2005

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.

[more]

front cover of Disorder in the Court
Disorder in the Court
Morality, Myth, and the Insanity Defense
Andrea L. Alden
University of Alabama Press, 2018
The first book-length rhetorical history and analysis of the insanity defense

The insanity defense is considered one of the most controversial, most misunderstood, and least straightforward subjects in the American legal system. Disorder in the Court: Morality, Myth, and the Insanity Defense traces the US legal standards for the insanity defense as they have evolved from 1843, when they were first codified in England, to 1984, when the US government attempted to revise them through the Insanity Defense Reform Act. Throughout this period “insanity” existed primarily as a legal term rather than a medical one; yet the testimony of psychiatric experts is required in cases in which an insanity defense is raised.

The adjudication of such cases by courtroom practice is caught between two different but overlapping discourses, the legal and the medical, both of which have historically sought to assert and maintain firm disciplinary boundaries. Both expert and lay audiences have struggled to understand and apply commonplace definitions of sanity, and the portrayal of the insanity defense in popular culture has only served to further frustrate such understandings.

Andrea L. Alden argues that the problems with understanding the insanity defense are, at their foundation, rhetorical. The legal concept of what constitutes insanity and, therefore, an abdication of responsibility for one’s actions does not map neatly onto the mental health professions’ understandings of mental illness and how that affects an individual’s ability to understand or control his or her actions. Additionally, there are multiple layers of persuasion involved in any effort to convince a judge, jury—or a public, for that matter—that a defendant is or is not responsible for his or her actions at a particular moment in time.

Alden examines landmark court cases such as the trial of Daniel McNaughtan, Durham v. United States, and the trial of John Hinckley Jr. that signal the major shifts in the legal definitions of the insanity defense. Combining archival, textual, and rhetorical analysis, Alden offers a close reading of texts including trial transcripts, appellate court opinions, and relevant medical literature from the time period. She contextualizes these analyses through popular texts—for example, newspaper articles and editorials—showing that while all societies have maintained some version of mental illness as a mitigating factor in their penal systems, the insanity defense has always been fraught with controversy.
[more]

front cover of Doing Rhetorical History
Doing Rhetorical History
Concepts and Cases
Kathleen J. Turner
University of Alabama Press, 1998
This collection argues that rhetorical history, both as a methodology
and as a perspective, offers insights that are central to the study of
communication and unavailable through other approaches.


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
perspective.



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.


 
[more]

front cover of Equal Before the Law
Equal Before the Law
How Iowa Led Americans to Marriage Equality
Tom Witosky, Marc Hansen
University of Iowa Press, 2015
“We’ve been together in sickness and in health, through the death of his mother, through the adoption of our children, through four long years of this legal battle,” Jason Morgan told reporters of himself and his partner, Chuck Swaggerty. “And if being together through all of that isn’t love and commitment or isn’t family or isn’t marriage, then I don’t know what is.” Just minutes earlier on that day, April 3, 2009, the justices of the Iowa Supreme Court had agreed.

The court’s decision in Varnum v. Brien made Iowa only the third state in the nation to permit same-sex couples to wed—moderate, midwestern Iowa, years before such left-leaning coastal states as California and New York. And unlike the earlier decisions in Massachusetts and Connecticut, Varnum v. Brien was unanimous and unequivocal. It catalyzed the unprecedented and rapid shift in law and public opinion that continues today.

Equal Before the Law tells the stories behind this critical battle in the fight for marriage equality and traces the decision’s impact. The struggle began in 1998 with the easy passage of Iowa’s Defense of Marriage Act and took a turn, surprising to many, in 2005, when six ordinary Iowa couples signed on to Lambda Legal’s suit against the law. Their triumph in 2009 sparked a conservative backlash against the supreme court justices, three of whom faced tough retention elections that fall.
Longtime, award-winning reporters Tom Witosky and Marc Hansen talked with and researched dozens of key figures, including opponent Bob Vander Plaats, proponents Janelle Rettig and Sharon Malheiro, attorneys Roger Kuhle, Dennis Johnson, and Camilla Taylor, and politicians Matt McCoy, Mary Lundby, and Tom Vilsack, who had to weigh their careers against their convictions. Justice Mark Cady, who wrote the decision, explains why the court had to rule in favor of the plaintiffs. At the center of the story are the six couples who sacrificed their privacy to demand public respect for their families.

Through these voices, Witosky and Hansen show that no one should have been surprised by the 2009 decision. Iowans have a long history of leadership on civil rights. Just a year after Iowa became a state, its citizens adopted as their motto the phrase, “Our liberties we prize and our rights we will maintain.” And they still do today.
[more]

front cover of Equal Play
Equal Play
Title IX and Social Change
Nancy Hogshead-Makar
Temple University Press, 2007
One of the least understood issues in federal sports policy, Title IX of the Educational Amendments of 1972 reflects the nation's aspirational belief that girls and boys, women and men, deserve equal educational opportunities in athletics.  Equal Play shows how this ideal has been implemented -- and thwarted -- by actions in every branch of the federal government.

This reader addresses issues in sports before Title IX and the backlash that has resulted from the policy being instituted.  The editors have collected the best scholarly writing on the landmark events of the last four decades and couple these with new original essays, primary documents from court cases, administrative regulations, and relevant supporting sources.  The result is the most comprehensive single-volume work on the subject.

Equal Play includes essays by many well-known sports journalists who discuss how government actions have shaped, supported, and hindered the goal of gender equality in school athletics.  They discuss the history of women in sports, analyze the meaning of "equal opportunity" for female athletes, and examine shifts in arguments for and against Title IX.  Equal Play will interest anyone who is concerned with gender issues in American athletics and the growth of college sports.

Contributors include: Susan Cahn, Donna de Varona, Julie Foudy, Jessica Gavora, Bil Gilbert, Christine Grant, Mariah Burton Nelson, Gary R. Roberts, Don Sabo, Larry Schwartz, Michael Sokolove, Welch Suggs, Nancy Williamson, and the editors.
[more]

front cover of Exploring the Scientific Method
Exploring the Scientific Method
Cases and Questions
Edited by Steven Gimbel
University of Chicago Press, 2011

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.        

[more]

front cover of The Fairer Death
The Fairer Death
Executing Women in Ohio
Victor L. Streib
Ohio University Press, 2006

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.

[more]

front cover of Fear and the First Amendment
Fear and the First Amendment
Controversial Cases of the Roberts Court
Kevin A. Johnson and Craig R. Smith
University of Alabama Press, 2024
A highly original account of the role that fear plays in key First Amendment cases ruled on by the Roberts Supreme Court

In Fear and the First Amendment, Kevin A. Johnson and Craig R. Smith offer a deeply considered examination of the ways fear figures in First Amendment questions ruled on by the contemporary Supreme Court. Bringing together literature on theories of fear in rhetorical and philosophical traditions, Johnson and Smith focus on the rulings from the Roberts Court, which form a pivotal era of dramatic precedents. Each chapter in this book analyzes one or more First Amendment cases and a variety of related fears—whether evidentiary or not—that pertain to a given case.

These cases include Morse v. Frederick, which takes up the competing fears of school administrators’ loss of authority and students’ loss of free speech rights. The authors touch on corporate funding of elections in Citizens United v. Federal Elections Commission, from the fear of corporate influence on electoral politics to corporate fears of alienating their consumers by backing political candidates. They explore religious freedom and fears of homosexuality in Christian Legal Society v. Martinez. Similarly, in Snyder v. Phelps, the authors delve further into fears of God, death, emotional distress, failing as a parent, and losing one’s reputation. Next, they investigate parents’ anxieties about violence in video games in Brown v. Entertainment Merchants Association. Finally, Johnson and Smith examine the role of fear in indecent, obscene, and graphic communication in three cases: FCC v. Fox Television Stations, Ashcroft v. American Civil Liberties Union, and United States v. Stevens.

Together these cases reveal fear to be an endemic factor in the rhetoric of First Amendment cases. This fascinating and original work will appeal to current legal practitioners and students of law, rhetoric, philosophy, and the First Amendment.
 
[more]

front cover of Free Speech On Trial
Free Speech On Trial
Communication Perspectives on Landmark Supreme Court Decisions
Edited by Richard A. Parker
University of Alabama Press, 2008

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.

[more]

logo for Harvard University Press
Freedom of Expression
Archibald Cox
Harvard University Press, 1981

front cover of Game Faces
Game Faces
Sport Celebrity and the Laws of Reputation
Sarah K. Fields
University of Illinois Press, 2016
Sports figures cope with a level of celebrity once reserved for the stars of stage and screen. In Game Faces , Sarah K. Fields looks at the legal ramifications of the cases brought by six of them--golfer Tiger Woods, quarterback Joe Montana, college football coach Wally Butts, baseball pitchers Warren Spahn and Don Newcombe, and hockey enforcer Tony Twist--when faced with what they considered attacks on their privacy and image. Placing each case in its historical and legal context, Fields examines how sports figures in the U.S. have used the law to regain control of their image. As she shows, decisions in the cases significantly affected the evolution of laws related to privacy, defamation, and publicity--areas pertinent to the lives of the famous sports figure and the non-famous consumer alike. She also tells the stories of why the plaintiffs sought relief in the courts, uncovering motives that delved into the heart of issues separating individual rights from the public's perceived right to know. A fascinating exploration of a still-evolving phenomenon, Game Faces is an essential look at the legal playing fields that influence our enjoyment of sports.
[more]

front cover of Getting Justice and Getting Even
Getting Justice and Getting Even
Legal Consciousness among Working-Class Americans
Sally Engle Merry
University of Chicago Press, 1990
Ordinary Americans often bring family and neighborhood problems to court, seeking justice or revenge. The litigants in these local squabbles encounter law at its boundaries in the corridors of busy city courthouses, in the offices of court clerks, and in the church parlors used by mediation programs.

Getting Justice and Getting Even concerns the legal consciousness of working class Americans and their experiences with court and mediation. Following cases into and through the courts, Sally Engle Merry provides an ethnographic study of local law and of the people who use it in a New England city. The litigants, primarily white, native-born, and working class, go to court because as part of mainstream America they feel entitled to use its legal system. Although neither powerful nor highly educated, they expect the law's support when they face intolerable infringements of their rights, privacy, and safety. Yet as personal problems enter the legal system and move through mediation sessions, clerk's hearings, and prosecutor's conferences, the citizen plaintiff rapidly loses control of the process. Court officials and mediators interpret and characterize the meaning of these experiences, reframing and categorizing them in different discourses. Some plaintiffs yield to these interpretations, but others resist, struggling to assert their own version of the problem.

Ultimately, Merry exposes the paradox of legal entitlement. While going to court allows an individual to dominate domestic relationships, the litigant must increasingly yield control of the situation to the court that supplies that power.
[more]

front cover of The Grasping Hand
The Grasping Hand
"Kelo v. City of New London" and the Limits of Eminent Domain
Ilya Somin
University of Chicago Press, 2015
In 2005, the Supreme Court ruled that the city of New London, Connecticut, could condemn fifteen residential properties in order to transfer them to a new private owner. Although the Fifth Amendment only permits the taking of private property for “public use,” the Court ruled that the transfer of condemned land to private parties for “economic development” is permitted by the Constitution—even if the government cannot prove that the expected development will ever actually happen. The Court’s decision in Kelo v. City of New London empowered the grasping hand of the state at the expense of the invisible hand of the market.
           
In this detailed study of one of the most controversial Supreme Court cases in modern times, Ilya Somin argues that Kelo was a grave error. Economic development and “blight” condemnations are unconstitutional under both originalist and most “living constitution” theories of legal interpretation. They also victimize the poor and the politically weak for the benefit of powerful interest groups and often destroy more economic value than they create. Kelo itself exemplifies these patterns. The residents targeted for condemnation lacked the influence needed to combat the formidable government and corporate interests arrayed against them.  Moreover, the city’s poorly conceived development plan ultimately failed: the condemned land lies empty to this day, occupied only by feral cats. The Supreme Court’s unpopular ruling triggered an unprecedented political reaction, with forty-five states passing new laws intended to limit the use of eminent domain. But many of the new laws impose few or no genuine constraints on takings. The Kelo backlash led to significant progress, but not nearly as much as it may have seemed.

Despite its outcome, the closely divided 5-4 ruling shattered what many believed to be a consensus that virtually any condemnation qualifies as a public use under the Fifth Amendment. It also showed that there is widespread public opposition to eminent domain abuse. With controversy over takings sure to continue, The Grasping Hand offers the first book-length analysis of Kelo by a legal scholar, alongside a broader history of the dispute over public use and eminent domain and an evaluation of options for reform.
 
[more]

front cover of The Grasping Hand
The Grasping Hand
"Kelo v. City of New London" and the Limits of Eminent Domain
Ilya Somin
University of Chicago Press, 2015
In 2005, the Supreme Court ruled that the city of New London, Connecticut, could condemn fifteen residential properties in order to transfer them to a new private owner. Although the Fifth Amendment only permits the taking of private property for “public use,” the Court ruled that the transfer of condemned land to private parties for “economic development” is permitted by the Constitution—even if the government cannot prove that the expected development will ever actually happen. The Court’s decision in Kelo v. City of New London empowered the grasping hand of the state at the expense of the invisible hand of the market.
           
In this detailed study of one of the most controversial Supreme Court cases in modern times, Ilya Somin argues that Kelo was a grave error. Economic development and “blight” condemnations are unconstitutional under both originalist and most “living constitution” theories of legal interpretation. They also victimize the poor and the politically weak for the benefit of powerful interest groups and often destroy more economic value than they create. Kelo itself exemplifies these patterns. The residents targeted for condemnation lacked the influence needed to combat the formidable government and corporate interests arrayed against them.  Moreover, the city’s poorly conceived development plan ultimately failed: the condemned land lies empty to this day, occupied only by feral cats. The Supreme Court’s unpopular ruling triggered an unprecedented political reaction, with forty-five states passing new laws intended to limit the use of eminent domain. But many of the new laws impose few or no genuine constraints on takings. The Kelo backlash led to significant progress, but not nearly as much as it may have seemed.

Despite its outcome, the closely divided 5-4 ruling shattered what many believed to be a consensus that virtually any condemnation qualifies as a public use under the Fifth Amendment. It also showed that there is widespread public opposition to eminent domain abuse. With controversy over takings sure to continue, The Grasping Hand offers the first book-length analysis of Kelo by a legal scholar, alongside a broader history of the dispute over public use and eminent domain and an evaluation of options for reform.
 
[more]

front cover of Habeas Codfish
Habeas Codfish
Reflections on Food and the Law
Barry M. Levenson
University of Wisconsin Press, 2001

    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!

[more]

front cover of Houston and the Permanence of Segregation
Houston and the Permanence of Segregation
An Afropessimist Approach to Urban History
David Ponton
University of Texas Press, 2024

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.

[more]

front cover of How Free Can the Press Be?
How Free Can the Press Be?
Randall P. Bezanson
University of Illinois Press, 2003
Randall P. Bezanson explores the contradictions embedded in understanding press freedom in America by discussing nine of the most pivotal and provocative First Amendment cases in US judicial history. Each case resulted in a ruling that refined or reshaped judicial definition of the limits of press freedom.

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.

[more]

front cover of Hybrid Justice
Hybrid Justice
The Extraordinary Chambers in the Courts of Cambodia
John D. Ciorciari and Anne Heindel
University of Michigan Press, 2014

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.

[more]

front cover of Insult To Injury
Insult To Injury
Christa Jones
University Press of Colorado, 2003
William K. Jones reviews the seminal US Supreme Court decisions that restrict the First Amendment in order to protect persons against defamatory falsehoods, invasions of privacy, and related psychic harm. Covering cases ranging from a restaurant owner dri
[more]

front cover of Just War
Just War
Principles and Cases
Richard J. Regan
Catholic University of America Press, 1996

front cover of Justice And School Systems
Justice And School Systems
The Role of the Courts in Education Litigation
edited by Barbara Flicker
Temple University Press, 1990
This book examines the effectiveness and deficiencies of judicial intervention in solving the problems of discrimination in the nation’s schools. The authors present case studies, surveys, and interviews of the lawyers and judges who participated in the leading cases. And they analyze critical issues that remain unresolved, such as the battle over racial desegregation that still rages in Yonkers, New York.
[more]

front cover of Latinos and American Law
Latinos and American Law
Landmark Supreme Court Cases
By Carlos R. Soltero
University of Texas Press, 2006

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.

[more]

front cover of Lawyers Beyond Borders
Lawyers Beyond Borders
Advancing International Human Rights Through Local Laws and Courts
Maria Armoudian
University of Michigan Press, 2021

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.

[more]

front cover of Learning from the Secret Past
Learning from the Secret Past
Cases in British Intelligence History
Robert Dover and Michael S. Goodman, Editors
Georgetown University Press, 2015

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.

[more]

front cover of Mad River, Marjorie Rowland, and the Quest for LGBTQ Teachers’ Rights
Mad River, Marjorie Rowland, and the Quest for LGBTQ Teachers’ Rights
Margaret A. Nash
Rutgers University Press, 2022
Mad River, Marjorie Rowland, and the Quest for LGBTQ Teachers’ Rights addresses an important legal case that set the stage for today’s LGBTQ civil rights–a case that almost no one has heard of. Marjorie Rowland v. Mad River School District involves an Ohio guidance counselor fired in 1974 for being bisexual. Rowland’s case made it to the U.S. Supreme Court, but the justices declined to consider it. In a spectacular published dissent, Justice Brennan laid out arguments for why the First and Fourteenth Amendments apply to bisexuals, gays, and lesbians. That dissent has been the foundation for LGBTQ civil rights advances since.
 
In the first in-depth treatment of this foundational legal case, authors Margaret A. Nash and Karen L. Graves tell the story of that case and of Marjorie Rowland, the pioneer who fought for employment rights for LGBTQ educators and who paid a heavy price for that fight. It brings the story of LGBTQ educators’ rights to the present, including commentary on Bostock v Clayton County, the 2020 Supreme Court case that struck down employment discrimination against LGBT workers.
 
[more]

front cover of Making Sense of Intractable Environmental Conflicts
Making Sense of Intractable Environmental Conflicts
Concepts and Cases
Edited by Roy J. Lewicki, Barbara Gray, and Michael Elliott
Island Press, 2002

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&#8212the 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:

  • examine the concepts of frames, framing, and reframing, and the role that framing plays in conflicts
  • outline the essential characteristics of intractability and its major causes
  • offer case studies of eight intractable environmental conflicts
  • present a rich body of original interview material from affected parties
  • set forth recommendations for intervention that can help resolve disputes
Within each case chapter, the authors describe the historical development and fundamental nature of the conflict and then analyze the case from the perspective of the key frames that are integral to understanding the dynamics of the dispute. They also offer cross-case analyses of related conflicts.

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.

[more]

logo for Harvard University Press
Managing Industrial Enterprise
Cases from Japan's Prewar Experience
William D. Wray
Harvard University Press, 1989

front cover of Marriage and the Law in the Age of Khubilai Khan
Marriage and the Law in the Age of Khubilai Khan
Cases from the Yuan dianzhang
Bettine Birge
Harvard University Press, 2017

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.

[more]

front cover of Michigan Supreme Court Historical Reference Guide, 2nd Edition
Michigan Supreme Court Historical Reference Guide, 2nd Edition
David Chardavoyne
Michigan State University Press, 2015
This second edition of the Michigan Supreme Court Historical Reference Guide contains the biographies of Michigan Supreme Court’s justices from its territorial beginnings in 1803 through 2015. It includes summaries of twenty top cases of the Michigan Supreme Court, which contextualize the eras in which the justices were on the bench, giving a greater depth of understanding to both who the justices were and the historical significance of the cases they decided. A rich reference for historians and attorneys, this book also includes valuable charts detailing election dates and candidates as well as court compositions (who served with whom); lists of chief justices and the ten longest—and shortest—serving justices with dates of service; and a history of the structural evolution of the Michigan Supreme Court.
[more]

front cover of Models, Numbers, and Cases
Models, Numbers, and Cases
Methods for Studying International Relations
Detlef F. Sprinz and Yael Wolinsky-Nahmias, Editors
University of Michigan Press, 2004
Scholars and students of international relations must contend with increasingly sophisticated methods for studying world politics. Models, Numbers, and Cases is a comprehensive assessment of the three main approaches to international relations: case study, quantitative methods, and formal methods. Clearly written chapters explain the most important methodological and theoretical issues in the field, and demonstrate the practical application of these methods to international political economy, environmental policy, and security. Models, Numbers, and Cases is a concise and valuable guide to the challenging terrain of contemporary international relations study.

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.




[more]

logo for University of Minnesota Press
Politics, Writing, Mutilation
The Cases of Bataille, Blanchot, Roussel, Leiris, and Ponge
Allan Stoekl
University of Minnesota Press, 1985

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.

[more]

front cover of The Poverty Law Canon
The Poverty Law Canon
Exploring the Major Cases
Marie A. Failinger and Ezra Rosser, Editors
University of Michigan Press, 2016
The Poverty Law Canon takes readers into the lives of the clients and lawyers who brought critical poverty law cases in the United States. These cases involved attempts to establish the right to basic necessities, as well as efforts to ensure dignified treatment of welfare recipients and to halt administrative attacks on federal program benefit levels. They also confronted government efforts to constrict access to justice, due process, and rights to counsel in child support and consumer cases, social welfare programs, and public housing. By exploring the personal narratives that gave rise to these lawsuits as well as the behind-the-scenes dynamics of the Supreme Court, the text locates these cases within the social dynamics that shaped the course of litigation.
 
Noted legal scholars explain the legal precedent created by each case and set the case within its historical and political context in a way that will assist students and advocates in poverty-related disciplines in their understanding of the implications of these cases for contemporary public policy decisions in poverty programs. Whether the focus is on the clients, on the lawyers, or on the justices, the stories in The Poverty Law Canon illuminate the central legal themes in federal poverty law of the late 20th century and the role that racial and economic stereotyping plays in shaping American law.
 
[more]

logo for Harvard University Press
Power to Dissolve
Lawyers and Marriages in the Courts of the Roman Curia
John T. Noonan Jr.
Harvard University Press, 1972

front cover of Practical Decision Making in Health Care Ethics
Practical Decision Making in Health Care Ethics
Cases and Concepts, Third Edition
Raymond J. Devettere
Georgetown University Press, 2010

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.

[more]

front cover of Practical Decision Making in Health Care Ethics
Practical Decision Making in Health Care Ethics
Cases, Concepts, and the Virtue of Prudence, Fourth Edition
Raymond J. Devettere
Georgetown University Press, 2016

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.

[more]

front cover of Practicing Privacy Literacy in Academic Libraries
Practicing Privacy Literacy in Academic Libraries
Theories, Methods, and Cases
Sarah Hartman-Caverly
Assoc of College & Research Libraries, 2023
Privacy is not dead: Students care deeply about their privacy and the rights it safeguards. They need a way to articulate their concerns and guidance on how to act within the complexity of our current information ecosystem and culture of surveillance capitalism.

Practicing Privacy Literacy in Academic Libraries: Theories, Methods, and Cases can help you teach privacy literacy, evolve the privacy practices at your institution, and re-center the individuals behind the data and the ethics behind library work. Divided into four sections:
  • What is Privacy Literacy?
  • Protecting Privacy
  • Educating about Privacy
  • Advocating for Privacy
Chapters cover topics including privacy literacy frameworks; digital wellness; embedding a privacy review into digital library workflows; using privacy literacy to challenge price discrimination; privacy pedagogy; and promoting privacy literacy and positive digital citizenship through credit-bearing courses, co-curricular partnerships, and faculty development and continuing education initiatives. Practicing Privacy Literacy in Academic Libraries provides theory-informed, practical ways to incorporate privacy literacy into library instruction and other areas of academic library practice.
[more]

front cover of Red Eagle's Children
Red Eagle's Children
Weatherford vs. Weatherford et al.
Edited by J. Anthony Paredes and Judith Knight
University of Alabama Press, 2012

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.

Case 1299: Weatherford vs. Weatherford et al. appeared in the Chancery Court of Mobile in 1846 when William “Red Eagle” Weatherford’s son by the Indian woman Supalamy sued his half siblings fathered by Weatherford with two other Creek women, Polly Moniac and Mary Stiggins, for a greater share of Weatherford’s estate. While the court recognized William Jr. as the son of William Sr., he nevertheless lost his petition for inheritance due to the lack of legal evidence concerning the marriage of his biological mother to William Sr. The case, which went to the Alabama Supreme Court in 1851, provides a record of an attempt to interrelate and, perhaps, manipulate differences in cultures as they played out within the ritualized, arcane world of antebellum Alabama jurisprudence.
 
Although the case has value in the classic mold of salvage ethnography of Creek Indian culture, Red Eagle’s Children, edited by J. Anthony Paredes and Judith Knight, shows that its more enduring value lies in being a source for historical ethnography—that is, for anthropological analyses of cultural dynamics of the past
events that complement the narratives of professional historians.
 
Contributors
David I. Durham / Robbie Ethridge / Judith
Knight / J. Anthony Paredes / Paul M. Pruitt
Jr. / Nina Gail Thrower / Robert Thrower /
Gregory A. Waselkov
 
[more]

front cover of Reframing Rhetorical History
Reframing Rhetorical History
Cases, Theories, and Methodologies
Edited by Kathleen J. Turner and Jason Edward Black
University of Alabama Press, 2022
A collection of essays providing insights into new directions in rhetorical history
 
Kathleen J. Turner’s 1998 multicontributor volume Doing Rhetorical History: Concepts and Cases quickly became a foundational text in the field, and the studies in the book have served as an important roadmap for scholars undertaking such scholarship. In the decades since its publication, developments in rhetorical-historical research, engaged scholarship, and academic interventionism have changed the practice of rhetorical history tremendously.

To address this shift, Turner and Jason Edward Black have edited a much-anticipated follow-up volume: Reframing Rhetorical History: Cases, Theories, and Methodologies, which reassesses both history as rhetoric and rhetorical history as practice. This new book attends to a number of topics that have become not just hot-button issues in rhetorical scholarship but have entrenched themselves as anchors within the field. These include digital rhetoric, public memory, race and ethnicity, gender dynamics and sexualities, health and well-being, transnationalism and globalization, social justice, archival methods and politics, and colonialism and decoloniality.

The sixteen essays are divided into four major parts: “Digital Humanities and Culture” introduces methods and cases using twenty-first century technologies; “Identities, Cultures, and Archives” addresses race and gender within the contexts of critical race theory, gendered health rhetoric, race-based public memory, and class/sectionalism; “Approaches to Nationalism and Transnationalism” explores ideologies related to US and international cultures; and “Metahistories and Pedagogies” explores creative ways to approach the frame of metarhetorical history given what the field has learned since the publication of Doing Rhetorical History.

CONTRIBUTORS
Andrew D. Barnes / Jason Edward Black / Bryan Crable / Adrienne E. Hacker Daniels / Matthew deTar / Margaret Franz / Joe Edward Hatfield / J. Michael Hogan / Andre E. Johnson / Madison A. Krall / Melody Lehn / Lisbeth A. Lipari / Chandra A. Maldonado / Roseann M. Mandziuk / Christina L. Moss / Christopher J. Oldenburg / Sean Patrick O’Rourke / Daniel P. Overton / Shawn J. Parry-Giles / Philip Perdue / Kathleen J. Turner

 
[more]

front cover of Religions/Globalizations
Religions/Globalizations
Theories and Cases
Dwight N. Hopkins, Lois Ann Lorentzen, Eduardo Mendieta, and David Batstone, eds.
Duke University Press, 2001
For the majority of cultures around the world, religion permeates and informs everyday rituals of survival and hope. But religion also has served as the foundation for national differences, racial conflicts, class exploitation, and gender discrimination. Indeed, religious spirituality, having been transformed by contemporary economic and political events, remains both empowering and controversial. Religions/Globalizations examines the extent to which globalization and religion are inseparable terms, bound up with each other in a number of critical and mutually revealing ways.
As the contributors to this work suggest, a crucial component of globalization—the breakdown of familiar boundaries and power balances—may open a space in which religion can be deployed to help refabricate new communities. Examples of such deployments can be found in the workings of liberation theology in Latin America. In other cases, however, the operations of globalization have provided a space for strident religious nationalism and identity disputes to flourish. Is there in fact a dialectical tension between religion and globalization, a codependence and codeterminism? While religion can be seen as a globalizing force, it has also been transformed and even victimized by globalization.
A provocative assessment of a contemporary phenomenon with both cultural and political dimensions, Religions/Globalizations will interest not only scholars in religious studies but also those studying Latin America, the Middle East, South Asia, and Africa.

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

[more]

front cover of Shaping Science with Rhetoric
Shaping Science with Rhetoric
The Cases of Dobzhansky, Schrodinger, and Wilson
Leah Ceccarelli
University of Chicago Press, 2001
How do scientists persuade colleagues from diverse fields to cross the disciplinary divide, risking their careers in new interdisciplinary research programs? Why do some attempts to inspire such research win widespread acclaim and support, while others do not?

In Shaping Science with Rhetoric, Leah Ceccarelli addresses such questions through close readings of three scientific monographs in their historical contexts—Theodosius Dobzhansky's Genetics and the Origin of Species (1937), which inspired the "modern synthesis" of evolutionary biology; Erwin Schrödinger's What Is Life? (1944), which catalyzed the field of molecular biology; and Edward O. Wilson's Consilience (1998), a so far not entirely successful attempt to unite the social and biological sciences. She examines the rhetorical strategies used in each book and evaluates which worked best, based on the reviews and scientific papers that followed in their wake.

Ceccarelli's work will be important for anyone interested in how interdisciplinary fields are formed, from historians and rhetoricians of science to scientists themselves.
[more]

front cover of Social Research in the Judicial Process
Social Research in the Judicial Process
Cases, Readings, and Text
Wallace D. Loh
Russell Sage Foundation, 1984
"How to inform the judicial mind," Justice Frankfurter remarked during the school desegregation cases, "is one of the most complicated problems." Social research is a potential source of such information. Indeed, in the 1960s and 1970s, with activist courts at the forefront of social reform, the field of law and social science came of age. But for all the recent activity and scholarship in this area, few books have attempted to create an intellectual framework, a systematic introduction to applied social-legal research. Social Research in the Judicial Process addresses this need for a broader picture. Designed for use by both law students and social science students, it constructs a conceptual bridge between social research (the realm of social facts) and judicial decision making (the realm of social values). Its unique casebook format weaves together judicial opinions, empirical studies, and original text. It is a process-oriented book that teaches skills and perspectives, cultivating an informed sensitivity to the use and misuse of psychology, social psychology, and sociology in apellate and trial adjudication. Among the social-legal topics explored are school desegregation, capital punishment, jury impartiality, and eyewitness identification. This casebook is remarkable for its scope, its accessibility, and the intelligence of its conceptual integration. It provides the kind of interdisciplinary teaching framework that should eventually help lawyers to make knowledgeable use of social research, and social scientists to conduct useful research within a legally sophisticated context.
[more]

front cover of Sociology of the Future
Sociology of the Future
Theory, Cases and Annotated Bibliography
Wendell Bell
Russell Sage Foundation, 1971
Concerns itself with the future of sociology, and of all social science. The thirteen authors—among them Wendell Bell, Kai T. Erikson, Scott Greer, Robert Boguslaw, James Mau, and Ivar Oxaal—are oriented toward a redefinition of the role of the social scientist as advisor to policymakers and administrators in all major areas of social concern, for the purpose of studying and shaping the future. This book contains research strategies for such "futurologistic" study, theories on its merits and dangers, as well as an annotated bibliography of social science studies of the future.
[more]

front cover of The Supreme Court and McCarthy-Era Repression
The Supreme Court and McCarthy-Era Repression
One Hundred Decisions
Robert M. Lichtman
University of Illinois Press, 2015
In this volume, attorney Robert M. Lichtman provides a comprehensive history of the U.S. Supreme Court's decisions in "Communist" cases during the McCarthy era. Lichtman shows the Court's vulnerability to public criticism and attacks by the elected branches during periods of political repression. The book describes every Communist-related decision of the era (none is omitted), placing them in the context of political events and revealing the range and intrusiveness of McCarthy-era repression.
 
In Fred Vinson's term as chief justice (1946-53), the Court largely rubber-stamped government action against accused Communists and "subversives." After Earl Warren replaced Vinson as chief justice in 1953, however, the Court began to rule against the government in "Communist" cases, choosing the narrowest of grounds but nonetheless outraging public opinion and provoking fierce attacks from the press and Congress. Legislation to curb the Court flooded Congress and seemed certain to be enacted. The Court's situation was aggravated by its 1954 school-desegregation decision, Brown v. Board of Education, which led to an anti-Court alliance between southern Democrats and anti-Communists in both parties. Although Lyndon Johnson's remarkable talents as Senate majority leader saved the Court from highly punitive legislation, the attacks caused the Court to retreat, with Felix Frankfurter leading a five-justice majority that decided major constitutional issues for the government and effectively nullified earlier decisions. Only after August 1962, when Frankfurter retired and was replaced by Arthur Goldberg, did the Court again begin to vindicate individual rights in "Communist" cases--its McCarthy era was over.
 
Demonstrating keen insight into the Supreme Court's inner workings and making extensive use of the justices' papers, Lichtman examines the dynamics of the Court's changes in direction and the relationships and rivalries among its justices, including such towering figures as Hugo Black, Felix Frankfurter, Earl Warren, William O. Douglas, and William J. Brennan, Jr. The Supreme Court and McCarthy-Era Repression: One Hundred Decisions tells the entire story of the Supreme Court during this unfortunate period of twentieth-century American history.
[more]

logo for University of Chicago Press
The Supreme Court and Patents and Monopolies
Edited by Philip B. Kurland
University of Chicago Press, 1975
The papers in this collection are drawn from the annual The Supreme Court Review, which, since its inception in 1960, has been regarded by such legal scholars as Robert F. Drinnan, S. J., as "An indispensable, universally quoted work of the highest scholarship regarding the world's most influential tribunal." Now some of the most important contributions to the Review have been brought together in paperback editions that focus on issues that are becoming increasingly relevant to the ordinary citizen's daily life.
[more]

front cover of The Supreme Court Review, 2013
The Supreme Court Review, 2013
Edited by Dennis J. Hutchinson, David A. Strauss, and Geoffrey R. Stone
University of Chicago Press Journals, 2014
For fifty years, The Supreme Court Review has been lauded for providing authoritative discussion of the Court's most significant decisions. The Review is an in-depth annual critique of the Supreme Court and its work, keeping up on the forefront of the origins, reforms, and interpretations of American law. Recent volumes have considered such issues as post-9/11 security, the 2000 presidential election, cross burning, federalism and state sovereignty, failed Supreme Court nominations, the battles concerning same-sex marriage, and numerous First and Fourth amendment cases.
[more]

front cover of Supreme Injustice
Supreme Injustice
Slavery in the Nation’s Highest Court
Paul Finkelman
Harvard University Press, 2018

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.

[more]

front cover of Taking Back Eden
Taking Back Eden
Eight Environmental Cases that Changed the World
Oliver A. Houck
Island Press, 2010

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.

[more]

front cover of This Is Not Civil Rights
This Is Not Civil Rights
Discovering Rights Talk in 1939 America
George I. Lovell
University of Chicago Press, 2012
Since at least the time of Tocqueville, observers have noted that Americans draw on the language of rights when expressing dissatisfaction with political and social conditions. As the United States confronts a complicated set of twenty-first-century problems, that tradition continues, with Americans invoking symbolic events of the founding era to frame calls for change. Most observers have been critical of such “rights talk.” Scholars on the left worry that it limits the range of political demands to those that can be articulated as legally recognized rights, while conservatives fear that it creates unrealistic expectations of entitlement.
 
Drawing on a remarkable cache of Depression-era complaint letters written by ordinary Americans to the Justice Department, George I. Lovell challenges these common claims. Although the letters were written prior to the emergence of the modern civil rights movement—which most people assume is the origin of rights talk—many contain novel legal arguments, including expansive demands for new entitlements that went beyond what authorities had regarded as legitimate or required by law. Lovell demonstrates that rights talk is more malleable and less constraining than is generally believed. Americans, he shows, are capable of deploying idealized legal claims as a rhetorical tool for expressing their aspirations for a more just society while retaining a realistic understanding that the law often falls short of its own ideals.
[more]

front cover of Thus Ruled Emir Abbas
Thus Ruled Emir Abbas
Selected Casese from the Records of the Emir of Kano's Judicial Council
Allen Christelow
Michigan State University Press, 1994

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.

[more]

front cover of Too Much Free Speech?
Too Much Free Speech?
Randall P. Bezanson
University of Illinois Press, 2012
Randall P. Bezanson takes up an essential and timely inquiry into the Constitutional limits of the Supreme Court's power to create, interpret, and enforce one of the essential rights of American citizens. Analyzing contemporary Supreme Court decisions from the past fifteen years, Bezanson argues that judicial interpretations have fundamentally and drastically expanded the meaning and understanding of "speech."
 
Bezanson focuses on judgments such as the much-discussed Citizens United case, which granted the full measure of constitutional protection to speech by corporations, and the Doe vs. Reed case in Washington state, which recognized the signing of petitions and voting in elections as acts of free speech. In each case study, he questions whether the meaning of speech has been expanded too far and critically assesses the Supreme Court's methodology in reaching and explaining its expansive conclusions.
[more]

front cover of Toward a Behavioral Ecology of Lithic Technology
Toward a Behavioral Ecology of Lithic Technology
Cases from Paleoindian Archaeology
Todd A. Surovell
University of Arizona Press, 2009
Modern humans and their hominid ancestors relied on chipped-stone technology for well over two million years and colonized more than 99 percent of the Earth's habitable landmass in doing so. Yet there currently exist only a handful of informal models derived from ethnographic observation, experiments, engineering, and "common sense" to explain variability in archaeological lithic assemblages.

Because the fundamental processes of making, using, and discarding stone tools are, at root, exercises in problem solving, Todd Surovell asks what conditions favor certain technological solutions. Whether asking if a biface should be made thick or thin or if a flake should be saved or discarded, Surovell seeks answers that extend beyond a case-by-case analysis. One avenue for addressing these questions theoretically is formal mathematical modeling.

Here Surovell constructs a series of models designed to link environmental variability to human decision making as it pertains to lithic technology. To test the models, Surovell uses data from the analysis of more than 40,000 artifacts from five Rocky Mountain and Northern Plains Folsom and Goshen complex archaeological sites dating to the Younger Dryas stadial (ca. 12,600-11,500 years BP). The primary result is the production of powerful new analytical tools useful to the interpretation of archaeological assemblages.

Surovell's goal is to promote modeling and explore the general issues governing technological decisions. In this light, his models can be applied to any context in which stone tools are made and used.
[more]

front cover of We Decide!
We Decide!
Theories and Cases in Participatory Democracy
Michael Menser
Temple University Press, 2017

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.

[more]

front cover of West of Sex
West of Sex
Making Mexican America, 1900-1930
Pablo Mitchell
University of Chicago Press, 2012

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.

[more]

front cover of What About Mozart? What About Murder?
What About Mozart? What About Murder?
Reasoning From Cases
Howard S. Becker
University of Chicago Press, 2014
In 1963, Howard S. Becker gave a lecture about deviance, challenging the then-conventional definition that deviance was inherently criminal and abnormal and arguing that instead, deviance was better understood as a function of labeling.  At the end of his lecture, a distinguished colleague standing at the back of the room, puffing a cigar, looked at Becker quizzically and asked, “What about murder? Isn’t that really deviant?” It sounded like Becker had been backed into a corner. Becker, however, wasn’t defeated! Reasonable people, he countered, differ over whether certain killings are murder or justified homicide, and these differences vary depending on what kinds of people did the killing. In What About Mozart? What About Murder?, Becker uses this example, along with many others, to demonstrate the different ways to study society, one that uses carefully investigated, specific cases and another that relies on speculation and on what he calls “killer questions,” aimed at taking down an opponent by citing invented cases.

Becker draws on a lifetime of sociological research and wisdom to show, in helpful detail, how to use a variety of kinds of cases to build sociological knowledge. With his trademark conversational flair and informal, personal perspective Becker provides a guide that researchers can use to produce general sociological knowledge through case studies. He champions research that has enough data to go beyond guesswork and urges researchers to avoid what he calls “skeleton cases,” which use fictional stories that pose as scientific evidence. Using his long career as a backdrop, Becker delivers a winning book that will surely change the way scholars in many fields approach their research.
[more]


Send via email Share on Facebook Share on Twitter