front cover of Balancing on the Brink of Extinction
Balancing on the Brink of Extinction
Endangered Species Act And Lessons For The Future
Edited by Kathryn A. Kohm
Island Press, 1991

Balancing on the Brink of Extinction presents a comprehensive overview of the Endangered Species Act -- its conception, history, and potential for protecting the remaining endangered species.

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The Baneberry Disaster
A Generation of Atomic Fallout
Larry C. Johns
University of Nevada Press, 2017
The Baneberry Disaster covers the calamitous December 1970 Baneberry underground nuclear test that pumped nearly 7 million curies of radiation into the atmosphere, caused the suspension of nuclear testing at the Nevada Test Site for six months, and whose radioactive cloud exposed 86 test-site workers to radiation, two of whom died of leukemia less than four years later.
 
The authors are attorneys from Las Vegas who spent 25 years pursuing a lawsuit for the victims at Baneberry. The story begins in 1971, just after the Baneberry test vented, and takes the reader through the years leading up to the trial, the 41-day trial in 1979, and the multiple appeals following the trial. It discusses the claims and lawsuits filed by others exposed to atomic testing, and the congressional investigations that led to the enactment of the Radiation Exposure Compensation Act in 1990.
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Bankrupts and Usurers of Imperial Russia
Debt, Property, and the Law in the Age of Dostoevsky and Tolstoy
Sergei Antonov
Harvard University Press, 2016

As readers of classic Russian literature know, the nineteenth century was a time of pervasive financial anxiety. With incomes erratic and banks inadequate, Russians of all social castes were deeply enmeshed in networks of credit and debt. The necessity of borrowing and lending shaped perceptions of material and moral worth, as well as notions of social respectability and personal responsibility. Credit and debt were defining features of imperial Russia’s culture of property ownership. Sergei Antonov recreates this vanished world of borrowers, bankrupts, lenders, and loan sharks in imperial Russia from the reign of Nicholas I to the period of great social and political reforms of the 1860s.

Poring over a trove of previously unexamined records, Antonov gleans insights into the experiences of ordinary Russians, rich and poor, and shows how Russia’s informal but sprawling credit system helped cement connections among property owners across socioeconomic lines. Individuals of varying rank and wealth commonly borrowed from one another. Without a firm legal basis for formalizing debt relationships, obtaining a loan often hinged on subjective perceptions of trustworthiness and reputation. Even after joint-stock banks appeared in Russia in the 1860s, credit continued to operate through vast networks linked by word of mouth, as well as ties of kinship and community. Disputes over debt were common, and Bankrupts and Usurers of Imperial Russia offers close readings of legal cases to argue that Russian courts—usually thought to be underdeveloped in this era—provided an effective forum for defining and protecting private property interests.

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Baseball on Trial
The Origin of Baseball's Antitrust Exemption
Nathaniel Grow
University of Illinois Press, 2014
The controversial 1922 Federal Baseball Supreme Court ruling held that the "business of base ball" was not subject to the Sherman Antitrust Act because it did not constitute interstate commerce. In Baseball on Trial, legal scholar Nathaniel Grow defies conventional wisdom to explain why the unanimous Supreme Court opinion authored by Justice Oliver Wendell Holmes, which gave rise to Major League Baseball's exemption from antitrust law, was correct given the circumstances of the time.
 
Currently a billion dollar enterprise, professional baseball teams crisscross the country while the games are broadcast via radio, television, and internet coast to coast. The sheer scope of this activity would seem to embody the phrase "interstate commerce." Yet baseball is the only professional sport--indeed the sole industry--in the United States that currently benefits from a judicially constructed antitrust immunity. How could this be?
 
Drawing upon recently released documents from the National Baseball Hall of Fame, Grow analyzes how the Supreme Court reached this seemingly peculiar result by tracing the Federal Baseball litigation from its roots in 1914 to its resolution in 1922, in the process uncovering significant new details about the proceedings. Grow observes that while interstate commerce was measured at the time by the exchange of tangible goods, baseball teams in the 1910s merely provided live entertainment to their fans, while radio was a fledgling technology that had little impact on the sport. The book ultimately concludes that, despite the frequent criticism of the opinion, the Supreme Court's decision was consistent with the conditions and legal climate of the early twentieth century.
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Battered Women In The Courtroom
The Power of Judicial Responses
Ptacek
University Press of New England, 1999

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Bearing Witness
The Human Rights Case Against Fracking and Climate Change
Thomas A. Kerns
Oregon State University Press, 2021
Fracking, the practice of shattering underground rock to release oil and natural gas, is a major driver of climate change. The 300,000 fracking facilities in the US also directly harm the health and livelihoods of people in front-line communities, who are disproportionately poor and people of color. Impacted citizens have for years protested that their rights have been ignored.

On May 14, 2018, a respected international human-rights court, the Rome-based Permanent Peoples’ Tribunal, began a week-long hearing on the impacts of fracking and climate change on human and Earth rights. In its advisory opinion, the Tribunal ruled that fracking systematically violates substantive and procedural human rights; that governments are complicit in the rights violations; and that to protect human rights and the climate, the practice of fracking should be banned.

The case makes history. It revokes the social license of extreme-extraction industries by connecting environmental destruction to human-rights violations. It affirms that climate change, and the extraction techniques that fuel it, directly violate deeply and broadly accepted moral norms encoded in the Universal Declaration of Human Rights.

Bearing Witness maps a promising new direction in the ongoing struggle to protect the planet from climate chaos. It tells the story of this landmark case through carefully curated court materials, including searing eye-witness testimony, groundbreaking legal testimony, and the Tribunal’s advisory opinion. Essays by leading climate writers such as Winona LaDuke, Robin Wall Kimmerer, and Sandra Steingraber and legal experts such as John Knox, Mary Wood, and Anna Grear give context to the controversy. Framing essays by the editors, experts on climate ethics and human rights, demonstrate that a human-rights focus is a powerful, transformative new tool to address the climate crisis.

 
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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.

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The Bellwomen
The Story of the Landmark AT&T Sex Discrimation Case
Stockford, Marjorie A
Rutgers University Press, 2004

In the early 1970s, David Copus, a young, long-haired lawyer, teamed up with his government colleagues to confront the mature and staid executives of AT&T over the company’s treatment of its female and minority employees.  Their disagreement resulted in a $38 million settlement that benefited 15,000 employees, more than 13,000 of them women, and changed our perceptions of women’s and men’s roles in the workplace forever.

Copus, who worked for the Equal Employment Opportunity Commission (EEOC), was charged with representing American citizens who suffered from employment discrimination. Time and again he saw young, black women in the South being turned down for available jobs in local phone companies—usually as telephone operators—often for no valid reason at all. He and the EEOC decided to challenge AT&T’s company-wide sex discrimination practices. Eventually, AT&T’s corporate colleagues, witnessing AT&T’s capitulation, began to hire and promote women into better jobs themselves. At the same time, the EEOC started to more aggressively push corporate America to give women better opportunities.

The Bellwomen
recounts the history of this case in a novelistic style, illuminating the motivations, strengths, and weaknesses of all the players, from AT&T corporate leaders, to the lawyers of the EEOC, to the female activists fighting for what they believed. Stockford also profiles three beneficiaries of the case, presenting their ambitions and achievements.

Combined with the power of America’s civil rights laws and the influence of the second wave women’s movement, this case provided a catalyst that drove many more women into the paid workforce in non-traditional jobs. By the late twentieth century, when women could be seen working everywhere, from construction sites to corporate offices, it appeared that they belonged there and always had. 

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Belonging in an Adopted World
Race, Identity, and Transnational Adoption
Barbara Yngvesson
University of Chicago Press, 2010

Since the early 1990s, transnational adoptions have increased at an astonishing rate, not only in the United States, but worldwide. In Belonging in an Adopted World, Barbara Yngvesson offers a penetrating exploration of the consequences and implications of this unprecedented movement of children, usually from poor nations to the affluent West. Yngvesson illuminates how the politics of adoption policy has profoundly affected the families, nations, and children involved in this new form of social and economic migration.

Starting from the transformation of the abandoned child into an adoptable resource for nations that give and receive children in adoption, this volume examines the ramifications of such gifts, especially for families created through adoption and later, the adopted adults themselves. Bolstered by an account of the author’s own experience as an adoptive parent, and fully attuned to the contradictions of race that shape our complex forms of family, Belonging in an Adopted World explores the fictions that sustain adoptive kinship, ultimately exposing the vulnerability and contingency behind all human identity.

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A Better Way to Zone
Ten Principles to Create More Livable Cities
Donald L. Elliott
Island Press, 2008
Nearly all large American cities rely on zoning to regulate land use. According to Donald L. Elliott, however, zoning often discourages the very development that bigger cities need and want. In fact, Elliott thinks that zoning has become so complex that it is often dysfunctional and in desperate need of an overhaul. A Better Way to Zone explains precisely what has gone wrong and how it can be fixed.
 
A Better Way to Zone explores the constitutional and legal framework of zoning, its evolution over the course of the twentieth century, the reasons behind major reform efforts of the past, and the adverse impacts of most current city zoning systems. To unravel what has gone wrong, Elliott identifies several assumptions behind early zoning that no longer hold true, four new land use drivers that have emerged since zoning began, and basic elements of good urban governance that are violated by prevailing forms of zoning. With insight and clarity, Elliott then identifies ten sound principles for change that would avoid these mistakes, produce more livable cities, and make zoning simpler to understand and use. He also proposes five practical steps to get started on the road to zoning reform.
 
While recent discussion of zoning has focused on how cities should look, A Better Way to Zone does not follow that trend. Although New Urbanist tools, form-based zoning, and the SmartCode are making headlines both within and outside the planning profession, Elliott believes that each has limitations as a general approach to big city zoning. While all three trends include innovations that the profession badly needs, they are sometimes misapplied to situations where they do not work well. In contrast, A Better Way to Zone provides a vision of the future of zoning that is not tied to a particular picture of how cities should look, but is instead based on how cities should operate.
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Betting on the Civil Service Examinations
The Lottery in Late Qing China
En Li
Harvard University Press, 2023

Weixing, or “surname guessing,” was a highly organized lottery practice in China wherein money was bet on the surnames of which candidates would pass the civil and military examinations. For centuries, up until 1905, the examination system was the primary means by which the Chinese state selected new officials from all over the empire and a way for commoners to climb the social ladder.

How was betting on the examinations possible and why did it matter? Opening with a weixing-related examination scandal in 1885, En Li reconstructs the inner mechanisms of weixing and other lottery games in the southern province of Guangdong. By placing the history of the lottery in a larger context, the author traces a series of institutional revenue innovations surrounding lottery regulation from the 1850s to the early 1900s, and depicts an expansive community created by the lottery with cultural and informational channels stretching among Guangdong, Southeast Asia, and North America. This book sheds light on a new reality that emerged during the final decades of China’s last imperial dynasty, with a nuanced understanding of competitions, strategic thinking by lottery players and public officials seeking to maximize revenues, and a global network of players.

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logo for Harvard University Press
Betting on the Civil Service Examinations
The Lottery in Late Qing China
En Li
Harvard University Press, 2023

Weixing, or “surname guessing,” was a highly organized lottery practice in China wherein money was bet on the surnames of which candidates would pass the civil and military examinations. For centuries, up until 1905, the examination system was the primary means by which the Chinese state selected new officials from all over the empire and a way for commoners to climb the social ladder.

How was betting on the examinations possible and why did it matter? Opening with a weixing-related examination scandal in 1885, En Li reconstructs the inner mechanisms of weixing and other lottery games in the southern province of Guangdong. By placing the history of the lottery in a larger context, the author traces a series of institutional revenue innovations surrounding lottery regulation from the 1850s to the early 1900s, and depicts an expansive community created by the lottery with cultural and informational channels stretching among Guangdong, Southeast Asia, and North America. This book sheds light on a new reality that emerged during the final decades of China’s last imperial dynasty, with a nuanced understanding of competitions, strategic thinking by lottery players and public officials seeking to maximize revenues, and a global network of players.

[more]

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Between Fitness and Death
Disability and Slavery in the Caribbean
Stefanie Hunt-Kennedy
University of Illinois Press, 2020
Long before the English became involved in the African slave trade, they imagined Africans as monstrous and deformed beings. The English drew on pre-existing European ideas about monstrosity and deformity to argue that Africans were a monstrous race, suspended between human and animal, and as such only fit for servitude. Joining blackness to disability transformed English ideas about defective bodies and minds. It also influenced understandings of race and ability even as it shaped the embodied reality of people enslaved in the British Caribbean.

Stefanie Hunt-Kennedy provides a three-pronged analysis of disability in the context of Atlantic slavery. First, she examines the connections of enslavement and representations of disability and the parallel development of English anti-black racism. From there, she moves from realms of representation to reality in order to illuminate the physical, emotional, and psychological impairments inflicted by slavery and endured by the enslaved. Finally, she looks at slave law as a system of enforced disablement.

Audacious and powerful, Between Fitness and Death is a groundbreaking journey into the entwined histories of racism and ableism.

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Beyond Abortion
Roe v. Wade and the Battle for Privacy
Mary Ziegler
Harvard University Press, 2018

For most Americans today, Roe v. Wade concerns just one thing: the right to choose abortion. But the Supreme Court’s decision once meant much more. The justices ruled that the right to privacy encompassed the abortion decision. Grassroots activists and politicians used Roe—and popular interpretations of it—as raw material in answering much larger questions: Is there a right to privacy? For whom, and what is protected?

As Mary Ziegler demonstrates, Roe’s privacy rationale attracted a wide range of citizens demanding social changes unrelated to abortion. Movements questioning hierarchies based on sexual orientation, profession, class, gender, race, and disability drew on Roe to argue for an autonomy that would give a voice to the vulnerable. So did advocates seeking expanded patient rights and liberalized euthanasia laws. Right-leaning groups also invoked Roe’s right to choose, but with a different agenda: to attack government involvement in consumer protection, social welfare, racial justice, and other aspects of American life.

In the 1980s, seeking to unify a fragile coalition, the Republican Party popularized the idea that Roe was a symbol of judicial tyranny, discouraging anyone from relying on the decision to frame their demands. But Beyond Abortion illuminates the untapped potential of arguments that still resonate today. By recovering the diversity of responses to Roe, and the legal and cultural battles it energized, Ziegler challenges readers to come to terms with the uncomfortable fact that privacy belongs to no party or cause.

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Beyond Busing
Reflections on Urban Segregation, the Courts, and Equal Opportunity
Paul R. Dimond
University of Michigan Press, 2005

A compelling insider's account of the fight for educational desegregation, from one of its most dedicated and outspoken heroes. A new afterword explains the author's controversial belief that the moment for litigating educational equality has passed, clear-sightedly critiquing his own courtroom strategies and the courts' responses, before closing with an assessment of the economic and social changes that he feels have already moved us "beyond busing."

"An extraordinarily informative and thoughtful book describing the process of bringing Brown [v. Board of Education] North and the impact this process had upon national attitudes toward desegregation."
--Drew S. Days III, Yale Law Journal

"An original analysis of a tough subject. A must-read for all who care about opportunity for all our children."
--Donna E. Shalala, President, University of Miami

"Paul Dimond remains a passionate and caring voice for inner-city students, whether in his advocacy of school desegregation, school choice plans, or school finance reform. He illuminates these issues as one who participated in the major education cases and as a perceptive scholar."
--Mark Yudof, Chancellor, The University of Texas System

"A must-read for anyone who wants to understand America's continued failure to give inner-city children a quality education or to do something about it!"
--Sheryll Cashin, Author of The Failures of Integration: How Race and Class Are Undermining the American Dream

"Dimond is particularly good at relating his slice of legal history to the broader developments of the 1970s, and his occasional remarks about trial tactics are amusing and instructive. Dimond's
honesty about both his successes and failures makes his book required reading for civil rights lawyers."
--Lawrence T. Gresser, Michigan Law Review

"A fascinating first-hand account of 1970s northern school desegregation decisions."
--Neal E. Devins, American Bar Foundation Research Journal

"Dimond reminds the liberal reader of the promise that lies in the empowerment of ordinary families to choose their own schools."
--John E. Coons, Professor of Law, Emeritus, University of California, Berkeley

Paul R. Dimond is counsel to Miller, Canfield, Paddock and Stone, Michigan's largest law firm; chairman of McKinley, a national commercial real estate investment and management firm; and chairman or member of the board of trustees of numerous education, community, and civic organizations. He spent four years as President Clinton's Special Assistant for Economic Policy.
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Beyond Control
Medical Power and Abortion Law
Sally Sheldon
Pluto Press, 1997

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"Beyond the Law"
The Politics of Ending the Death Penalty for Sodomy in Britain
Charles Upchurch
Temple University Press, 2021

In nineteenth-century England, sodomy was punishable by death; even an accusation could damage a man’s reputation for life. The last executions for this private, consensual act were in 1835, but the effort to change the law that allowed for those executions was intense and precarious, and not successful until 1861. In this groundbreaking book, “Beyond the Law,” noted historian Charles Upchurch pieces together fragments from history and uses a queer history methodology to recount the untold story of the political process through which the law allowing for the death penalty for sodomy was almost ended in 1841.

Upchurch recounts the legal and political efforts of reformers like Jeremy Bentham and Lord John Russell—the latter of whom argued that the death penalty for sodomy was “beyond the law and above the law.” He also reveals that a same-sex relationship linked the families of the two men responsible for co-sponsoring the key legislation. By recovering the various ethical, religious, and humanitarian arguments against punishing sodomy, “Beyond the Law” overturns longstanding assumptions of nineteenth-century British history. Upchurch demonstrates that social change came from an amalgam of reformist momentum, family affection, elitist politics, class privilege, enlightenment philosophy, and personal desires.

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The Big Leagues Go to Washington
Congress and Sports Antitrust, 1951-1989
David George Surdam
University of Illinois Press, 2015
Between 1951 and 1989, Congress held a series of hearings to investigate the antitrust aspects of professional sports leagues. Among the concerns: ownership control of players, restrictions on new franchises, territorial protection, and other cartel-like behaviors.
 
In The Big Leagues Go to Washington, David Surdam chronicles the key issues that arose during the hearings and the ways opposing sides used economic data and theory to define what was right, what was feasible, and what was advantageous to one party or another. As Surdam shows, the hearings affected matters as fundamental to the modern game as broadcasting rights, player drafts and unions, league mergers, and the dominance of the New York Yankees. He also charts how lawmakers from the West and South pressed for the relocation of ailing franchises to their states and the ways savvy owners dodged congressional interference when they could and adapted to it when necessary.
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Big Money Unleashed
The Campaign to Deregulate Election Spending
Ann Southworth
University of Chicago Press, 2023

The story of how the First Amendment became an obstacle to campaign finance regulation—a history that began much earlier than most imagine.

Americans across party lines believe that public policy is rigged in favor of those who wield big money in elections. Yet, legislators are restricted in addressing these concerns by a series of Supreme Court decisions finding that campaign finance regulations violate the First Amendment.

Big Money Unleashed argues that our current impasse is the result of a long-term process involving many players. Naturally, the justices played critical roles—but so did the attorneys who hatched the theories necessary to support the legal doctrine, the legal advocacy groups that advanced those arguments, the wealthy patrons who financed these efforts, and the networks through which they coordinated strategy and held the Court accountable.

Drawing from interviews, public records, and archival materials, Big Money Unleashed chronicles how these players borrowed a litigation strategy pioneered by the NAACP to dismantle racial segregation and used it to advance a very different type of cause.

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Biodiversity and the Law
Edited by William J. Snape III
Island Press, 1996

Biodiversity and the Law is a timely and provocative volume that combines historical perspective and cutting-edge legal analysis in an authoritative and broad discussion of biodiversity and the law. Leading legal and policy experts consider a variety of options for the worldwide protection of biodiversity and present a succinct but comprehensive overview of the legal mechanisms available. They examine how conservation advocates can better utilize existing law, and consider what new law is needed.

Among the topics considered are:

  • scientific and policy foundations of biodiveristy protection
  • domestic efforts to establish an effective endangered species protection regime
  • international biodiversity protection
  • biodiversity as a genuinely public entity
  • the future of biodiversity law
Contributors include Mollie Beattie, Don Waller, Jason Patlis, Lindell Marsh, Todd Olson, Peter Jenkins, Suzanne Iudicello, John Pendergrass, Dinah Bear, Walter Kuhlmann, Rodger Schlickeisen, David Downes, and others.
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Biting the Hands that Feed Us
How Fewer, Smarter Laws Would Make Our Food System More Sustainable
Baylen J. Linnekin
Island Press, 2016

Food waste, hunger, inhumane livestock conditions, disappearing fish stocks—these are exactly the kind of issues we expect food regulations to combat. Yet, today in the United States, laws exist at all levels of government that actually make these problems worse. Baylen Linnekin argues that, too often, government rules handcuff America’s most sustainable farmers, producers, sellers, and consumers, while rewarding those whose practices are anything but sustainable.

Biting the Hands that Feed Us introduces readers to the perverse consequences of many food rules. Some of these rules constrain the sale of “ugly” fruits and vegetables, relegating bushels of tasty but misshapen carrots and strawberries to food waste. Other rules have threatened to treat manure—the lifeblood of organic fertilization—as a toxin. Still other rules prevent sharing food with the homeless and others in need. There are even rules that prohibit people from growing fruits and vegetables in their own yards.

Linnekin also explores what makes for a good food law—often, he explains, these emphasize good outcomes rather than rigid processes. But he urges readers to be wary of efforts to regulate our way to a greener food system, calling instead for empowerment of those working to feed us—and themselves—sustainably. 

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The Black Laws
Race and the Legal Process in Early Ohio
Stephen Middleton
Ohio University Press, 2005
Beginning in 1803, the Ohio legislature enacted what came to be known as the Black Laws. These laws instituted barriers against blacks entering the state and placed limits on black testimony against whites. Basing his narrative on massive primary research, often utilizing previously unexplored sources, Stephen Middleton tells the story of racial oppression in Ohio and recounts chilling episodes of how blacks asserted their freedom by challenging the restrictions in the racial codes until the state legislature repealed some pernicious features in 1849 and finally abolished them in 1886.

The fastest-growing state in antebellum America and the destination of whites from the North and the South, Ohio also became the destination for thousands of southern blacks, both free and runaway. Thus, nineteenth-century Ohio became a legal battleground for two powerful and far-reaching impulses in the history of race and law in America. One was the use of state power to further racial discrimination, and the other was the thirst of African Americans and their white allies for equality under the law for all Americans.

Written in a clear and compelling style, this pathbreaking study will be required reading for historians, legal scholars, students, and those interested in the struggle for civil rights in America.
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Blood on Their Hands
How Greedy Companies, Inept Bureaucracy, and Bad Science Killed Thousands of Hemophiliacs
Weinberg, Eric
Rutgers University Press, 2017
A few short years after HIV first entered the world blood supply in the late 1970s and early 1980s, over half the hemophiliacs in the United States were infected with the virus. But this was far more than just an unforeseeable public health disaster. Negligent doctors, government regulators, and Big Pharma all had a hand in this devastating epidemic.
 
Blood on Their Hands is an inspiring, firsthand account of the legal battles fought on behalf of hemophiliacs who were unwittingly infected with tainted blood. As part of the team behind the key class action litigation filed by the infected, young New Jersey lawyer Eric Weinberg was faced with a daunting task: to prove the negligence of a powerful, well-connected global industry worth billions. Weinberg and journalist Donna Shaw tell the dramatic story of how idealistic attorneys and their heroic, mortally-ill clients fought to achieve justice and prevent further infections. A stunning exposé of one of the American medical system’s most shameful debacles, Blood on Their Hands is a rousing reminder that, through perseverance, the victims of corporate greed can sometimes achieve great victory.
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A Body of One's Own
A Trans History of Argentina
Patricio Simonetto
University of Texas Press, 2024

A history of Argentina that examines how trans bodies were understood, policed, and shaped in a country that banned medically assisted gender affirmation practices and punished trans lives.

As a trans history of Argentina, a country that banned medically assisted gender affirmation practices and punished trans lives, A Body of One’s Own places the histories of trans bodies at the core of modern Argentinian history. Patricio Simonetto documents the lives of people who crossed the boundaries of gender from the early twentieth century to the present. Based on extensive archival research in public and community-based archives, this book explores the mainstream medical and media portrayals of trans or travesti people, the state policing of gender embodiment, the experiences of those transgressing the boundaries of gender, and the development of homemade technologies from prosthetics to the self-injection of silicone. A Body of One's Own explores how trans activists' challenges to the exclusionary effects of Argentina’s legal, cultural, social, and political cisgender order led to the passage of the Gender Identity Law in 2012. Analyzing the decisive yet overlooked impact of gender transformation in the formation of the nation-state, gender-belonging, and citizenship, this book ultimately shows that supposedly abstract struggles to define the shifting notions of "sex," citizenship, and nationhood are embodied material experiences.

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Breaking Chains
Slavery on Trial in the Oregon Territory
R. Gregory Nokes
Oregon State University Press, 2013
When they were brought to Oregon in 1844, Missouri slaves Robin and Polly Holmes and their children were promised freedom in exchange for helping develop their owner’s Willamette Valley farm. However, Nathaniel Ford, an influential settler and legislator, kept them in bondage until 1850, even then refusing to free their children. Holmes took his former master to court and, in the face of enormous odds, won the case in 1853.

In Breaking Chains, R. Gregory Nokes tells the story of the only slavery case adjudicated in Oregon’s pre-Civil War courts—Holmes v. Ford. Through the lens of this landmark case, Nokes explores the historical context of racism in Oregon and the West, reminding readers that there actually were slaves in Oregon, though relatively few in number.

Drawing on the court record, Nokes offers an intimate account of the relationship between a slave and his master from the slave’s point of view. He also explores the experiences of other slaves in early Oregon, examining attitudes toward race and revealing contradictions in the state’s history. Oregon was the only free state admitted to the union with a voter-approved constitutional clause banning African Americans and, despite the prohibition of slavery in the state, many in Oregon tolerated it and supported politicians who advocated for slavery, including Oregon’s first territorial governor.

Breaking Chains sheds light on a somber part of Oregon’s history, bringing the story of slavery in Oregon to a broader audience. The book will appeal to readers interested in Pacific Northwest history and in the history of slavery in the United States.
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Breaking the Vicious Circle
Toward Effective Risk Regulation
Stephen Breyer
Harvard University Press, 1993
Breaking the Vicious Circle is a tour de force that should be read by everyone who is interested in improving our regulatory processes. Written by a highly respected federal judge, who would go on to serve on the Supreme Court, and who obviously recognizes the necessity of regulation but perceives its failures and weaknesses as well, it pinpoints the most serious problems and offers a creative solution that would for the first time bring rationality to bear on the vital issue of priorities in our era of limited resources.
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Building a New Legal Order for the Oceans
Tommy Koh
National University of Singapore Press, 2019
The United Nations Convention on the Law of the Sea, or UNCLOS, has been called a constitution for the oceans. It keeps order in the world’s oceans and regulates nations’ use of their natural resources. Tommy Koh served as president of the third convention, a multi-year meeting that resulted in this important treaty for the government of the global commons. In Building a New Legal Order for the Oceans, Koh brings a unique, insider’s perspective on the UNCLOS negotiation process, and the concepts, tensions, and intentions that underlie today’s Law of the Sea.

In this book, Koh fully explains the many new concepts of international law that arose from UNCLOS III, such as the Exclusive Economic Zone, Archipelagic State, Straits Used for International Navigation, Transit Passage, Archipelagic Sealane Passage, and the Common Heritage of Mankind. He also discusses current threats to maritime security and explains the intricacies of the disputes in the South China Sea. Koh asks What can be learned from the success of UNCLOS? How can we build on that success and manage the new tensions that arise in the Law of the Sea? There is no better guide to this aspect of international law than Koh.
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Bullets and Fire
Lynching and Authority in Arkansas, 1840-1950
Guy Lancaster
University of Arkansas Press, 2017
Bullets and Fire is the first collection on lynching in Arkansas, exploring all corners of the state from the time of slavery up to the mid-twentieth century and covering stories of the perpetrators, victims, and those who fought against vigilante violence.

Among the topics discussed are the lynching of slaves, the Arkansas Council of the Association of Southern Women for the Prevention of Lynching, the 1927 lynching of John Carter in Little Rock, and the state’s long opposition to a federal anti-lynching law.

Throughout, the work reveals how the phenomenon of lynching—as the means by which a system of white supremacy reified itself, with its perpetrators rarely punished and its defenders never condemned—served to construct authority in Arkansas. Bullets and Fire will add depth to the growing body of literature on American lynching and integrate a deeper understanding of this violence into Arkansas history.
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Burden Brown
Thirty Years School Desegregation
RAYMOND WOLTERS
University of Tennessee Press, 1992
The author describes the course of events and the educational results in the five school districts whose litigation was consolidated for the Supreme Court's landmark decision on desegregation, Brown v. Board of Education (1954). Instead of fostering better race relations and improved academic performance, Wolters argues, the attempt to integrate the nation's  schools has been a tragic failure. 
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The Business of Professional Sports
Edited by Paul D. Staudohar and James A. Mangan
University of Illinois Press, 1991

Beyond the highly publicized heroics and foibles of players and teams, when the grandstands are empty and the scoreboards dark, there is a world of sport about which little is known by even the most ardent fan. It is the business world of sport; it is characterized by a thirst for power and money, and its players are just as active as those on the professional teams they oversee. In this collection, some of the best scholars in the field use examples from baseball, football, basketball, and hockey to illuminate the significant economic, legal, social, and historic aspects of the business of professional sports. 

Contributors: Dennis A. Ahlburg, Rob B. Beamish, Joan M. Chandler, James B. Dworkin, Lawrence M. Kahn, Charles P. Korr, John J. MacAloon, David Mills, Roger G. Noll, Steven A. Reiss, Gary R. Roberts, Stephen F. Ross, Peter D. Sherer, Leigh Steinberg, and David G. Voigt,

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Butterfly Politics
Catharine A. MacKinnon
Harvard University Press, 2017

The minuscule motion of a butterfly’s wings can trigger a tornado half a world away, according to chaos theory. Under the right conditions, small simple actions can produce large complex effects. In this timely and provocative book, Catharine A. MacKinnon argues that the right seemingly minor interventions in the legal realm can have a butterfly effect that generates major social and cultural transformations.

Butterfly Politics brings this incisive understanding of social causality to a wide-ranging exploration of gender relations. The pieces collected here—many published for the first time—provide a new perspective on MacKinnon’s career as a pioneer of legal theory and practice and an activist for women’s rights. Its central concerns of gender inequality, sexual harassment, rape, pornography, and prostitution have defined MacKinnon’s intellectual, legal, and political pursuits for over forty years. Though differing in style and approach, the selections all share the same motivation: to end inequality, including abuse, in women’s lives. Several mark the first time ideas that are now staples of legal and political discourse appeared in public—for example, the analysis of substantive equality. Others urge changes that have yet to be realized.

The butterfly effect can animate political activism and advance equality socially and legally. Seemingly insignificant actions, through collective recursion, can intervene in unstable systems to produce systemic change. A powerful critique of the legal and institutional denial of reality that perpetuates practices of gender inequality, Butterfly Politics provides a model of what principled, effective, socially conscious engagement with law looks like.

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Butterfly Politics
Changing the World for Women, With a New Preface
Catharine A. MacKinnon
Harvard University Press, 2019

“Sometimes ideas change the world. This astonishing, miraculous, shattering, inspiring book captures the origins and the arc of the movement for sex equality. It’s a book whose time has come—always, but perhaps now more than ever.”
—Cass Sunstein, coauthor of Nudge


Under certain conditions, small simple actions can produce large and complex “butterfly effects.” Butterfly Politics shows how Catharine A. MacKinnon turned discrimination law into an effective tool against sexual abuse—grounding and predicting the worldwide #MeToo movement—and proposes concrete steps that could have further butterfly effects on women’s rights. Thirty years after she won the U.S. Supreme Court case establishing sexual harassment as illegal, this timely collection of her previously unpublished interventions on consent, rape, and the politics of gender equality captures in action the creative and transformative activism of an icon.

“MacKinnon adapts a concept from chaos theory in which the tiny motion of a butterfly’s wings can trigger a tornado half a world away. Under the right conditions, she posits, small actions can produce major social transformations.”
New York Times

“MacKinnon [is] radical, passionate, incorruptible and a beautiful literary stylist… Butterfly Politics is a devastating salvo fired in the gender wars… This book has a single overriding aim: to effect global change in the pursuit of equality.”
The Australian

Sexual Harassment of Working Women was a revelation. It showed how this anti-discrimination law—Title VII—could be used as a tool… It was the beginning of a field that didn’t exist until then.”
—U.S. Supreme Court Justice Ruth Bader Ginsburg

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