"This excellent books is bound to stir debate on the abortion issue and to occupy a rather distinctive position."
--R.G. Frey, Bowling Green State University
With the current composition of the Supreme Court and recent challenges to Roe v. Wade, Peter S. Wenz's new approach to the ethical, moral, and legal issues related to a woman's right to elective abortion may turn the tide in this debate. He argues that the Supreme Court reached the right decision in Roe v. Wade but for the wrong reasons. Wenz contends that a woman's right to terminated her pregnancy should be based, not on her constitutional right to privacy, but on the constitutional guarantee of religious freedom, a basis for freedom of choice that is not subject to the legal criticisms advanced against Roe. At least up to the 20th week of a pregnancy, one's belief whether a human fetus is a human person or not is a religious decision. He maintains that because questions about the moral status of a fetus are religious, it follows that anti-abortion legislation, to the extent that it is predicated on such "inherently religious beliefs," is unconstitutional.
In this timely and topical book, Wenz also examines related cases that deal with government intervention in an individual's procreative life, the regulation of contraceptives, and other legislation that is either applied to or imposed upon select groups of people (e.g., homosexuals, drug addicts). He builds a concrete argument that could replace Roe v. Wade.
"In this important study of abortion and the Constitiution, legal philosopher Peter Wenz contends that Roe v. Wade was wrongly argued but well conlcuded. Wenz presents a substantial review of Supreme Court decisions on abortion, then critically exposes flaws, including the privacy justification for abortion as well as the trimester scheme.
--Religious Studies Review
"In this major work, Peter Wenz has analyzed the relation of the Constitution's religion clauses to the abortion controversy. His principal contribution is to shift the argument from the right of privacy (invoked, he believes, unsuccessfully in Roe v. Wade) to the Establishment Clause. The Court's concern in Roe was whether the statute unduly burdened a fundamental right. But tested by the Establishment Clause, statutes may violate the Constitution by implicitly endorsing a religious belief, namely, the personhood of the unborn. Wenz concludes that the Establishment Clause permits abortions prior to the twenty-first week of pregnancy."
--C. Herman Prichett, Professor of Political Science Emeritus, University of California, Santa Barbara
"This is an original and scholarly exposition of the view that abortion rights fall under the religion clauses of the First Amendment. The view defended is an important alternative to the privacy defense upon which the Roe v. Wade decision was based and should help to expand the ethical and constitutional debate about abortion rights."
--Mary Anne Warren, Associate Professor of Philosophy, San Francisco State University, and author of Gendercide: The Implications of Sex Selection
Roe v. Wade under Attack â€¢ Individual Rights and Majority Rule â€¢ Constitutional Interpretation â€¢ Preview of Chapters
1. The Derivation of Roe v. Wade
Economic Substantive Due Process â€¢ Due Process and the Family â€¢ Contraception and Privacy in Griswold v. Connecticut â€¢ Contraception and Privacy in Eisenstadt v. Baird â€¢ Blackmun's Privacy Rationale in Roe v. Wade â€¢ Stewart's Due Process Rationale in Roe v. Wade â€¢ Tribe on Substantive Due Process â€¢ Conclusion
2. Potentiality and Viability
The Roe v. Wade Decision â€¢ The Concept of Viability in Abortion Cases â€¢ Dividing the Gestational Continuum â€¢ The Genetic Approach to Personhood â€¢ Viability versus Similarity to Newborns â€¢ Two Consequentialist Arguments â€¢ Feminism and Viability â€¢ Conclusion
3. The Evolution of "Religion"
Religion in the Abortion Debate â€¢ The Original Understanding of the Religion Clauses â€¢ The Evolution of Religion Clause Doctrine â€¢ Incorporation of the Religion Clauses â€¢ From Belief to Practice â€¢ Alleviating Indirect Burdens on Religious Practice â€¢ Expanding the Meaning of "Religion" â€¢ The Original Understanding View â€¢ Bork: Conservative or Moderate? â€¢ Conflicts between the Religion Clauses â€¢ The Elusive Meaning of "Religion" â€¢ Conclusion
4. The Definition of "Religion"
The Adjectival Sense of Religion â€¢ Religious Beliefs Independent of Organized Religions â€¢ Religious Belief as Fundamental to Organized Religion â€¢ Secular Beliefs Related to Material Reality â€¢ Secular Beliefs Related to Social Interaction â€¢ Secular Facts versus Secular Values â€¢ The Court's Characterizations of Secular Beliefs â€¢ Secular (Nonreligious) Belief â€¢ The Epistemological Standard for Distinguishing Religious from Secular Belief â€¢ Judicial Examples of Religious Beliefs â€¢ General Characteristics of Religious Beliefs â€¢ Summary
5. "Religion" in Court
The Epistemological Standard Applied â€¢ Cults and Crazies â€¢ Secular Religions â€¢ Tensions between the Religion Clauses â€¢ The Unitary Definition of "Religion"
6. Fetal Personhood as Religious Belief
Anti-Contraception Laws and the Establishment Clause â€¢ Belief in the Existence of God â€¢ Belief in the Personhood of Young Fetuses â€¢ Distinguishing Religious from Secular Determinations of Fetal Personhood â€¢ Religious versus Secular Uncertainty â€¢ Environmental Preservation and Animal Protection versus Fetal Value â€¢ Greenawalt's Argument â€¢ The Reach of Secular Considerations â€¢ Secular versus Religious Matters â€¢ Conclusion
7. The Regulation of Abortion
The Trimester Framework and Its Exceptions â€¢ O'Connor's Objections to the Trimester Framework â€¢ Superiority of the Establishment Clause Approach to the Trimester Framework â€¢ Required Efforts to Save the Fetus â€¢ The Neutrality Principle â€¢ Appropriate Judicial Skepticism â€¢ Undue Burdens and Unconstitutional Endorsements â€¢ Conclusion
8. Abortion and Others
Public Funding of Abortion â€¢ The Establishment Clause Approach to Public Funding â€¢ The Court's Funding Rationale â€¢ The Court's Inconsistent Rationale â€¢ Publicly Funded Family Planning Clinics â€¢ Spousal Consent â€¢ The Court's Flawed Parental Consent Rationale â€¢ Information Requirements â€¢ Spousal and Parental Consent â€¢ The Establishment Clause Approach: Medical Dimension â€¢ The Establishment Clause Approach: Religious Dimension â€¢ Implications of the Establishment Clause Approach â€¢ The Court's Inconsistency â€¢ Equivalent Results â€¢ Parental Notification â€¢ Conclusion
Justice Scalia's View â€¢ The Fundamental Flaw in Roe â€¢ The Rationale for the Establishment Clause Approach â€¢ Advantages of the Establishment Clause Approach
Glossary of Terms
Annotated Table of Cases
About the Author(s):
Peter S. Wenz is Professor of Philosophy and Legal Studies at Sangamon State University.
New medical technologies, women’s willingness to talk online and off, and tighter judicial reins on state legislatures are shaking up the practice of abortion. As talk becomes more transparent, Carol Sanger writes, women’s decisions about whether to become mothers will be treated more like those of other adults making significant personal choices.
For those who find themselves in a battle for public records, Access with Attitude: An Advocate’s Guide to Freedom of Information in Ohio is an indispensable weapon. First Amendment lawyer David Marburger and investigative journalist Karl Idsvoog have written a simply worded, practical guide on how to take full advantage of Ohio’s so-called Sunshine Laws.
Journalists, law firms, labor unions, private investigators, genealogists, realty companies, banks, insurers—anyone who regularly needs access to publicly held information—will find this comprehensive and contentious guide to be invaluable. Marburger, who drafted many of the provisions that Ohio adopted in its open records law, and coauthor Idsvoog have been fighting for broader access to public records their entire careers. They offer field-tested tips on how to avoid “no,” and advise readers on legal strategies if their requests for information go unmet. Step by step, they show how to avoid delays and make the law work.
Whether you’re a citizen, a nonprofit organization, a journalist, or an attorney going after public records, Access with Attitude is an essential resource.
The Accidental Republic
John Fabian Witt Harvard University Press, 2004 Library of Congress KF3615.W58 2004 | Dewey Decimal 344.73021
In the five decades after the Civil War, the United States witnessed a profusion of legal institutions designed to cope with the nation's exceptionally acute industrial accident crisis. Jurists elaborated the common law of torts. Workingmen's organizations founded a widespread system of cooperative insurance. Leading employers instituted welfare-capitalist accident relief funds. And social reformers advocated compulsory insurance such as workmen's compensation.
John Fabian Witt argues that experiments in accident law at the turn of the twentieth century arose out of competing views of the loose network of ideas and institutions that historians call the ideology of free labor. These experiments a century ago shaped twentieth- and twenty-first-century American accident law; they laid the foundations of the American administrative state; and they occasioned a still hotly contested legal transformation from the principles of free labor to the categories of insurance and risk. In this eclectic moment at the beginnings of the modern state, Witt describes American accident law as a contingent set of institutions that might plausibly have developed along a number of historical paths. In turn, he suggests, the making of American accident law is the story of the equally contingent remaking of our accidental republic.
Table of Contents:
1. Crippled Workingmen, Destitute Widows, and the Crisis of Free Labor 2. The Dilemmas of Classical Tort Law 3. The Cooperative Insurance Movement 4. From Markets to Managers 5. Widows, Actuaries, and the Logics of Social Insurance 6. The Passion of William Werner 7. The Accidental Republic
Notes Acknowledgments Index
John Witt paints his portrait of industrializing America with the subtlety of a master and on an immense canvas. His magisterial history is much more than an account of the rise of workers compensation, still one of our greatest social reforms. Witt vividly recreates the social context of the late 19th century industrial world - workers' appalling injury and death rates, their mutual help and insurance associations, mass immigration, the rise of Taylorist management, the struggles to give new meaning to the free labor ideal, the encounter between European social engineering and American anti-statism and individualism, and the politics and economics of labor relations in the Progressive era. Out of these materials, Witt shows, the law helped fashion a new social order. His analysis has great contemporary significance, revealing both the alluring possibilities and the enduring limits of legal reform in America. It is destined to become a classic of social and legal history. --Peter H. Schuck, author of Diversity in America: Keeping Government at a Safe Distance
John Witt shows us the power of perceptive legal history at work. Within the tangle of compensation for industrial accidents, he discovers not only a legal struggle whose outcome set the pattern for many 20th century interventions of government in economic life, but also a momentous confrontation between contract and collective responsibility. Anyone who finds American history absorbing will gain pleasure and insight from this book. --Viviana Zelizer, Princeton University, author of The Social Meaning of Money: Pin Money, Paychecks, Poor Relief, and Other Currencies
In 1940 Willard Hurst and Lloyd Garrison inaugurated modern socio-legal studies in the United States with their history of workers' injuries and legal process in Wisconsin. Two generations later, John Fabian Witt's The Accidental Republic marks the full maturation of that field of inquiry. Deftly integrating a legal analysis of tort doctrine, a history of industrial accidents, and a fresh political-economic understanding of statecraft, Witt demonstrates the significance of turn-of-the-century struggles over work, injury, risk, reparation, and regulation in the making of our modern world. Sophisticated, comprehensive, and interdisciplinary, The Accidental Republic is legal history as Hurst and Garrison imagined it could be. --William Novak, The University of Chicago, author of The People's Welfare: Law and Regulation in Nineteenth-Century America
Accomplishing NAGPRA reveals the day-to-day reality of implementing the Native American Graves Protection and Repatriation Act. The diverse contributors to this timely volume reflect the viewpoints of tribes, museums, federal agencies, attorneys, academics, and others invested in the landmark act.
NAGPRA requires museums and federal agencies to return requested Native American cultural items to lineal descendants, culturally affiliated Indian tribes, and Native Hawai’ian organizations. Since the 1990 passage of the act, museums and federal agencies have made more than one million cultural items—and the remains of nearly forty thousand Native Americans—available for repatriation.
Drawing on case studies, personal reflections, historical documents, and statistics, the volume examines NAGPRA and its grassroots, practical application throughout the United States.? Accomplishing NAGPRA will appeal to professionals and academics with an interest in cultural resource management, Indian and human rights law, Indigenous studies, social justice movements, and public policy.
Deborah L. Rhode Harvard University Press, 2016 Library of Congress KF9435.R48 2016 | Dewey Decimal 345.730253
Despite declining prohibitions on sexual relationships, Americans are nearly unanimous in condemning marital infidelity. Deborah Rhode explores why. She exposes the harms that criminalizing adultery inflicts—including civil lawsuits, job termination, and loss of child custody—and makes a case for repealing laws against adultery and polygamy.
Affirmative action is one of the central issues of American politics today, and admission to colleges and universities has been at the center of the debate. While this issue has been discussed for years, there is very little real data on the impact of affirmative action programs on admissions to institutions of higher learning. Susan Welch and John Gruhl in this groundbreaking study look at the impact on admissions of policies developed in the wake of the United States Supreme Court's landmark 1978 Bakke decision. In Bakke, the Court legitimized the use of race as one of several factors that could be considered in admissions decisions, while forbidding the use of quotas. Opponents of affirmative action claim that because of the Bakke decision thousands of less-qualified minorities have been granted admission in preference to more qualified white students; proponents claim that without the affirmative action policies articulated in Bakke, minorities would not have made the gains they have made in higher education.
Based on a survey of admissions officers for law and medical schools and national enrollment data, the authors give us the first analysis of the real impact of the Bakke decision and affirmative action programs on enrollments in medical and law schools. Admission to medical schools and law schools is much sought after and is highly competitive. In examining admissions patterns to these schools the authors are able to identify the effects of affirmative action programs and the Bakke decision in what may be the most challenging case.
This book will appeal to scholars of race and gender in political science, sociology and education as well as those interested in the study of affirmative action policies. Susan Welch is Dean of the College of Liberal Arts and Professor of Political Science, Pennsylvania State University. John Gruhl is Professor of Political Science, University of Nebraska-Lincoln.
In the decade after the 1973 Supreme Court decision on abortion, advocates on both sides sought common ground. But as pro-abortion and anti-abortion positions hardened over time into pro-choice and pro-life, the myth was born that Roe v. Wade was a ruling on a woman’s right to choose. Mary Ziegler’s account offers a corrective.
What will become of our earthly remains? What happens to our bodies during and after the various forms of cadaver disposal available? Who controls the fate of human remains? What legal and moral constraints apply? Legal scholar Norman Cantor provides a graphic, informative, and entertaining exploration of these questions. After We Die chronicles not only a corpse’s physical state but also its legal and moral status, including what rights, if any, the corpse possesses.
In a claim sure to be controversial, Cantor argues that a corpse maintains a “quasi-human status" granting it certain protected rights—both legal and moral. One of a corpse’s purported rights is to have its predecessor’s disposal choices upheld. After We Die reviews unconventional ways in which a person can extend a personal legacy via their corpse’s role in medical education, scientific research, or tissue transplantation. This underlines the importance of leaving instructions directing post-mortem disposal. Another cadaveric right is to be treated with respect and dignity. After We Die outlines the limits that “post-mortem human dignity” poses upon disposal options, particularly the use of a cadaver or its parts in educational or artistic displays.
Contemporary illustrations of these complex issues abound. In 2007, the well-publicized death of Anna Nicole Smith highlighted the passions and disputes surrounding the handling of human remains. Similarly, following the 2003 death of baseball great Ted Williams, the family in-fighting and legal proceedings surrounding the corpse’s proposed cryogenic disposal also raised contentious questions about the physical, legal, and ethical issues that emerge after we die. In the tradition of Sherwin Nuland's How We Die, Cantor carefully and sensitively addresses the post-mortem handling of human remains.
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 towards 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.
Nearly every middle-aged and older worker, at some time during his or her career, will suffer age discrimination in the workplace. Employers too often use early-retirement plans, restructurings, and downsizings to dismiss older workers. Many of these individuals are unwillingly ushered into earlier-than-planned retirements, are denied promotions, or are terminated. The baby-boomer generation now accounts for just under 50 percent of the entire workforce. A vast army of workers now stands ready to contest employer acts of age discrimination.
Attorney Raymond Gregory addresses himself to the millions of workers who think they might be facing age discrimination and traces the history of the federal measures enacted to assist workers in contesting unlawful employer conduct. He explains how the law works and presents actual court cases to demonstrate the ways that workers have challenged their employers. The cases help to illustrate legal principles in real-life experiences and many of the cases relate compelling stories of workers caught up in a web of employer discriminatory conduct. Gregory has eliminated all legal jargon, ensuring that all concepts are clear to his readers. Individuals will turn to this book again and again to obtain authoritative background on this important topic.
An in-depth look at the institutionalization of alternative dispute resolution (ADR) processes in the federal and state regulatory arenas over the past twenty-five years, this volume showcases the value of these processes and highlights the potential for their expanded application and growth. It describes ADR techniques, how to use them, and how to integrate them into existing processes, using examples from the Federal Energy Regulatory Commission and three state utility regulatory commissions. The book recounts ADR successes, recognizing that traditional litigative methods may not always meet the needs of agencies, the parties, or the public. Institutionalizing these processes requires a systematic commitment to different approaches to problem-solving and, ultimately, cultural change. The authors spearheaded initiatives to integrate these processes and skills at the federal level. Drawing from valuable insights gained from their experience, the authors introduce a versatile new ADR system design model, the Voices of Value, which aims to enhance input, creativity, and effectiveness in regulatory and other public arenas as well as the private sector.
Individuals or families receiving a diagnosis of Alzheimer’s disease, dementia, or brain damage from a stroke face daunting questions: how to provide for care when the patient can no longer manage his or her own affairs, how to protect their rights and property, where to go for help, and how to cope with the day-to-day challenges of fading memory and diminished cognition. Here is a comprehensive guide specifically for aging Nevadans and for family members, professional caregivers, and health care workers who help them.
The authors—an elder law attorney and a specialist in geriatric care management—offer readers useful advice from the perspective of Nevada resources and Nevada law, addressing such topics as the legal and financial steps that patients and their families can take to protect themselves and their assets, paying for long-term care, arranging for guardianship, and tending to the details that follow the death of a loved one.
This edition, updated in 2011, includes information about recent changes in laws that affect seniors, new research and treatments, and a new guide to resources throughout the state that can provide assistance to people afflicted with these medical conditions.
Animals Property & The Law
Gary Francione Temple University Press, 1995 Library of Congress KF3841.F73 1995 | Dewey Decimal 346.73046954
"Pain is pain, irrespective of the race, sex, or species of the victim," states William Kunstler in his foreword. This moral concern for the suffering of animals and their legal status is the basis for Gary L. Francione's profound book, which asks, Why has the law failed to protect animals from exploitation?
Francione argues that the current legal standard of animal welfare does not and cannot establish fights for animals. As long as they are viewed as property, animals will be subject to suffering for the social and economic benefit of human beings.
Exploring every facet of this heated issue, Francione discusses the history of the treatment of animals, anticruelty statutes, vivisection, the Federal Animal Welfare Act, and specific cases such as the controversial injury of anaesthetized baboons at the University of Pennsylvania. He thoroughly documents the paradoxical gap between our professed concern with humane treatment of animals and the overriding practice of abuse permitted by U.S. law.
A penetrating critique of thirty years of antidiscrimination law in the United States, this book explains why equal opportunity and affirmative action policies have failed to improve black employment since the 1964 Civil Rights Act. Farrell Bloch reviews the effects of hiring policies on minority employment and analyzes recruitment practices to reveal why current United States laws fail to address some of the most important obstacles preventing minorities from getting jobs.
Winner of the State of New Mexico’s Heritage Preservation Award in the category of Heritage Publication
Enacted in 1906, the Antiquities Act is one of the most important pieces of conservation legislation in American history and has had a far-reaching influence on the preservation of our nation’s cultural and natural heritage. Thanks to the foresight of thirteen presidents, parks as diverse as Acadia, Grand Canyon, and Olympic National Park, along with historic and archaeological sites such as Thomas Edison’s Laboratory and the Gila Cliff Dwellings, have been preserved for posterity.
A century after its passage, this book presents a definitive assessment of the Antiquities Act and its legacy, addressing the importance and breadth of the act—as well as the controversy it has engendered. Authored by professionals intimately involved with safeguarding the nation’s archaeological, historic, and natural heritage, it describes the applications of the act and assesses its place in our country’s future. With a scope as far-reaching as the resources the act embraces, this book offers an unparalleled opportunity for today’s stewards to reflect on the act’s historic accomplishments, to remind fellow professionals and the general public of its continuing importance, and to look ahead to its continuing implementation in the twenty-first century.
The Antiquities Act invites all who love America’s natural and cultural treasures not only to learn about the act’s rich legacy but also to envision its next hundred years.
In the information economy, sellers can distort the truth about their products, and online intermediaries have incentives to skew the facts they provide to buyers. Mark Patterson discusses ways data can be manipulated for competitive advantage and consumer exploitation, and shows how courts can apply antitrust law to address these problems.
<P>Although few remember their former significance, oysters were one of the largest U.S. fisheries at their peak in the late nineteenth century. As the fishery industrialized on-and offshore, oyster farms and canning factories spread along the Eastern Seaboard, with overharvesting becoming increasingly common. During the Progressive Era, state governments founded new agencies to cope with this problem and control this expanding economy. Regulators faced a choice: keep elaborate conservation systems based on common property rights or develop new ones with private, hatchery-stocked aquaculture farms. The tradition-preserving solution won, laying the groundwork for modern oyster management.</P><P>The Aquatic Frontier explores the forms this debate took between 1870 and 1920 in law enforcement, legislative advising, natural science, and oyster cartography. Samuel P. Hanes argues that the effort to centralize and privatize the industry failed due to a lack of understanding of the complex social-ecological systems in place -- a common dilemma for environmental managers in this time period and for fisheries management confronting dangers from dwindling populations today.</P>
The relationship between religious belief and sexuality as personal attributes exhibits some provocative comparisons. Despite the nonestablishment of religion in the United States and the constitutional guarantee of free exercise, Christianity functions as the religious and moral standard in America. Ethical views that do not fit within this consensus often go unrecognized as moral values. Similarly, in the realm of sexual orientation, heterosexuality is seen as the yardstick by which sexual practices are measured. The notion that "alternative" sexual practices like homosexuality could possess ethical significance is often overlooked or ignored.
In her new book, An Argument for Same-Sex Marriage, political scientist Emily Gill draws an extended comparison between religious belief and sexuality, both central components of one’s personal identity. Using the religion clause of the First Amendment as a foundation, Gill contends that, just as US law and policy ensure that citizens may express religious beliefs as they see fit, it should also ensure that citizens may marry as they see fit. Civil marriage, according to Gill, is a public institution, and the exclusion of some couples from a state institution is a public expression of civic inequality.
An Argument for Same-Sex Marriage is a passionate and timely treatment of the various arguments for and against same-sex marriage and how those arguments reflect our collective sense of morality and civic equality. It will appeal to readers who have an interest in gay and lesbian studies, political theory, constitutional law, and the role of religion in the contemporary United States.
Since its first edition in 1988, The Arkansas Freedom of Information Act has become the standard reference for the bench, the bar, and journalists for guidance in interpreting and applying the state’s open-government law. This sixth edition, published fifty years after the passage of the Act in 1967, builds upon its predecessors, incorporating later legislative enactments, judicial decisions, and Attorney General’s opinions to present a synthesis of the law of access to public records and meetings in Arkansas.
U.S. counterterrorism operations rely on authorizations established in 2001 and 2002. This report surveys the debate over the requirements for a new congressional authorization for the use of military force against terrorist groups and examines the current terrorist challenge, the purposes and key elements of such legislation, and options for Congress.
The Author's Due offers an institutional and cultural history of books, the book trade, and the bibliographic ego. Joseph Loewenstein traces the emergence of possessive authorship from the establishment of a printing industry in England to the passage of the 1710 Statute of Anne, which provided the legal underpinnings for modern copyright. Along the way he demonstrates that the culture of books, including the idea of the author, is intimately tied to the practical trade of publishing those books.
As Loewenstein shows, copyright is a form of monopoly that developed alongside a range of related protections such as commercial trusts, manufacturing patents, and censorship, and cannot be understood apart from them. The regulation of the press pitted competing interests and rival monopolistic structures against one another—guildmembers and nonprofessionals, printers and booksellers, authors and publishers. These struggles, in turn, crucially shaped the literary and intellectual practices of early modern authors, as well as early capitalist economic organization.
With its probing look at the origins of modern copyright, The Author's Due will prove to be a watershed for historians, literary critics, and legal scholars alike.