A SCHOLARLY BOOK REPOSITORY26 start with E start with E
A foundational new collection examining the mechanics of privacy in the digital age.
The falling costs of collecting, storing, and processing data have allowed firms and governments to improve their products and services, but have also created databases with detailed individual-level data that raise privacy concerns. This volume summarizes the research on the economics of privacy and identifies open questions on the value of privacy, the roles of property rights and markets for privacy and data, the relationship between privacy and inequality, and the political economy of privacy regulation.
Several themes emerge across the chapters. One is that it may not be possible to solve privacy concerns by creating a market for the right to privacy, even if property rights are well-defined and transaction costs are low. Another is that it is difficult to measure and value the benefits of privacy, particularly when individuals have an intrinsic preference for privacy. Most previous attempts at valuation have focused only on quantifiable economic outcomes, such as innovation. Finally, defining privacy through an economic lens is challenging. The broader academic and legal literature includes many distinct definitions of privacy, and different definitions may be appropriate in different contexts. The chapters explore a variety of frameworks for examining these questions and provide a range of new perspectives on the role of economics research in understanding the benefits and costs of privacy and of data flows. As the digital economy continues to expand the scope of economic theory and research, The Economics of Privacy provides the most comprehensive survey to date of this field and its next steps.
Much as abortion in the United States today is a contentious issue used for scripting women's roles and potential into the national agenda, divorce was an issue dividing England in the Edwardian era. According to Janice Harris, anything and everything, from illicit sex and family values to the Garden of Eden, wrath of children, poverty of women, nature of cruelty, scandal of America, threat of Germany, and future of England were part of the debate over divorce. Living under marriage laws far more restrictive than those of their Protestant neighbors, Edwardian women and men campaigned for reform with a barrage of compelling stories. Organizing her analysis around three major sources of narrative on divorce––the Sunday papers, the Report of the Royal Commission on Divorce and Matrimonial causes, and the novel––Harris uncovers a war of words and a competition of tales. In raising questions about the winners, losers, and spoils, Harris expands our understanding of the history of divorce, the wars between the sexes, and the political import of those wars.
In the end, she presents a complex and lively story herself, one that illuminates battles over marriage and divorce taking place in our own era as well. This humane book on a long-neglected subject marks an important contribution to narrative studies and Edwardian history.
In this updated edition of a well-established practitioner text, Stephen Mason and Daniel Seng have brought together a team of experts in the field to provide an exhaustive treatment of electronic evidence and electronic signatures. This fifth edition continues to follow the tradition in English evidence textbooks by basing the text on the law of England and Wales, with appropriate citations of relevant case law and legislation from other jurisdictions.
“Solomon’s fascinating and sweeping history of the legal fight over mandatory school prayers is compelling, judicious, and elegantly written. Fabulous!”
—David Rudenstine, Dean, Benjamin N. Cardozo School of Law, Yeshiva University
“Stephen Solomon’s Ellery’s Protest provides a brilliant analysis of a major Supreme Court decision that redefined the relationship between church and state almost a half century ago. This study goes well beyond simply offering a gripping account of the course of litigation that brought before the Justices the contentious issue of prayer and Bible reading in public schools, though the thoroughness of that account would merit careful reading by itself. Especially impressive is the author’s deep probing of hitherto neglected sources, and invaluable primary material including extensive direct contact with the plaintiff, the ‘Ellery’ of the book’s title. Finally, and perhaps most impressive, is Solomon’s careful placement of the issue and the case in a far broader context that is as critical to national life and policy today as it was four and a half decades ago when the high Court first tackled these questions.”
—Robert O’Neil, Professor of Law, University of Virginia
Great legal decisions often result from the heroic actions of average citizens. Ellery’s Protest is the story of how one student’s objection to mandatory school prayer and Bible reading led to one of the most controversial court cases of the twentieth century—and a decision that still reverberates in the battle over the role of religion in public life.
Abington School District v. Schempp began its journey through the nation’s courts in 1956, when sixteen-year-old Ellery Schempp protested his public school’s compulsory prayer and Bible-reading period by reading silently from the Koran. Ejected from class for his actions, Schempp sued the school district. The Supreme Court’s decision in his favor was one of the most important rulings on religious freedom in our nation’s history. It prompted a conservative backlash that continues to this day, in the skirmishes over school prayer, the teaching of creationism and intelligent design, and the recitation of the Pledge of Allegiance with the phrase “under God.”
Author Stephen D. Solomon tells the fascinating personal and legal drama of the Schempp case: the family’s struggle against the ugly reactions of neighbors, and the impassioned courtroom clashes as brilliant lawyers on both sides argued about the meaning of religious freedom. But Schempp was not the only case challenging religious exercises in the schools at the time, and Ellery’s Protest describes the race to the Supreme Court among the attorneys for four such cases, including one involving the colorful atheist Madalyn Murray.
Solomon also explores the political, cultural, and religious roots of the controversy. Contrary to popular belief, liberal justices did not kick God out of the public schools. Bitter conflict over school Bible reading had long divided Protestants and Catholics in the United States. Eventually, it was the American people themselves who removed most religious exercises from public education as a more religiously diverse nation chose tolerance over sectarianism. Ellery’s Protest offers a vivid account of the case that embodied this change, and a reminder that conservative justices of the 1950s and 60s not only signed on to the Schempp decision, but strongly endorsed the separation of church and state.
Drawing on decades of research, Elusive Justice demonstrates how these women continue to face numerous adverse circumstances, including geographical isolation, encroaching capitalist enterprises, and a dearth of social and institutional support. Donny Meertens contends that women's advocacy organizations must have a prominent role in overseeing these transitional policies in order to create a more just society. By bringing together the underresearched topic of property repayment and the pursuit of gender justice in peacebuilding, these findings have broad significance elsewhere in the world.
Empires of Entertainment integrates legal, regulatory, industrial, and political histories to chronicle the dramatic transformation within the media between 1980 and 1996. As film, broadcast, and cable grew from fundamentally separate industries to interconnected, synergistic components of global media conglomerates, the concepts of vertical and horizontal integration were redesigned. The parameters and boundaries of market concentration, consolidation, and government scrutiny began to shift as America's politics changed under the Reagan administration. Through the use of case studies that highlight key moments in this transformation, Jennifer Holt explores the politics of deregulation, the reinterpretation of antitrust law, and lasting modifications in the media landscape.
Holt skillfully expands the conventional models and boundaries of media history. A fundamental part of her argument is that these media industries have been intertwined for decades and, as such, cannot be considered separately. Instead, film, cable and broadcast must be understood in relation to one another, as critical components of a common history. Empires of Entertainment is a unique account of deregulation and its impact on political economy, industrial strategies, and media culture at the end of the twentieth century.
The nine papers in this volume exploit the substantial variation in U.S. tax policy during the last two decades to investigate how taxes affect a range of household behavior, including labor-force participation, saving behavior, choice of health insurance plan, choice of child care arrangements, portfolio choice, and tax evasion. They also present new analytical results on the effects of different types of tax policy. All of this research relies on household-level data—drawn either from public-use tax return files or from large household-level surveys—to explore various aspects of the relationship between taxes and household behavior.
As debates about the effects of proposed tax reforms continue in the 1990s, this volume will be of interest to policy makers and scholars in the field of public finance.
The Trump administration's war on asylum and what Congress and the Biden administration can do about it
Donald Trump’s 2016 campaign centered around immigration issues such as his promise to build a border wall separating the US and Mexico. While he never built a physical wall, he did erect a legal one. Over the past three years, the Trump administration has put forth regulations, policies, and practices all designed to end opportunities for asylum seekers. If left unchecked, these policies will effectually lead to the end of asylum, turning the United States—once a global leader in refugee aid—into a country with one of the most restrictive asylum systems.
In The End of Asylum, three experts in immigration law offer a comprehensive examination of the rise and demise of the US asylum system. Beginning with the Refugee Act of 1980, they describe how Congress adopted a definition of refugee based on the UN Refugee Convention and prescribed equitable and transparent procedures for a uniform asylum process. The authors then chart the evolution of this process, showing how Republican and Democratic administrations and Congresses tweaked the asylum system but maintained it as a means of protecting victims of persecution—until the Trump administration. By expanding his executive reach, twisting obscure provisions in the law, undermining past precedents, and creating additional obstacles for asylum seekers, Trump’s policies have effectively ended asylum. The book concludes with a roadmap and a call to action for the Biden administration and Congress to repair and reform the US asylum system.
This eye-opening work reveals the extent to which the Trump administration has dismantled fundamental American ideals of freedom from persecution and shows us what we can do about it.
The Endangered Species Act at Thirty is a comprehensive, multidisciplinary review of issues surrounding the Endangered Species Act, with a specific focus on the act's actual implementation record over the past thirty years. The result of a unique, multi-year collaboration among stakeholder groups from across the political spectrum, the two volumes offer a dispassionate consideration of a highly polarized topic.
Renewing the ConservationPromise, Volume 1, puts the reader in a better position to make informed decisions about future directions in biodiversity conservation by elevating the policy debate from its current state of divisive polemics to a more-constructive analysis. It helps the reader understand how the Endangered Species Act has been implemented, the consequences of that implementation, and how the act could be changed to better serve the needs of both the species it is designed to protect and the people who must live within its mandates.
As debate over reforming the Endangered Species Act heats up in the coming months, these two books will be essential references for policy analysts and lawmakers; professionals involved with environmental law, science, or management; and academic researchers and students concerned with environmental law, policy, management, or science.
The social changes and human and economic costs of the Civil War led to profound legal and constitutional developments after it ended, not least of which were the Fourteenth and Fifteenth Amendments and the many laws devised to protect the civil rights of newly freed African Americans. These amendments and laws worked for a while, but they were ineffective or ineffectively enforced for more than a century.
In Ending the Civil War and the Consequences for Congress, contributors explore how the end of the war both continued the trauma of the conflict and enhanced the potential for the new birth of freedom that Lincoln promised in the Gettysburg Address. Collectively, they bring their multidisciplinary expertise to bear on the legal, economic, social, and political aspects of the aftermath of the war and Reconstruction era. The book concludes with the reminder of how the meaning of the war has changed over time. The Civil War is no longer the “felt” history it once was, Clay Risen reminds us, and despite the work of many fine scholars it remains contested.
Contributors: Jenny Bourne, Carole Emberton, Paul Finkelman, Lorien Foote, William E. Nelson, Clay Risen, Anne Sarah Rubin, and Peter Wallenstein
Shareholder litigation and class action suits play a key role in protecting investors and regulating big businesses. But Directors and Officers liability insurance shields corporations and their managers from the financial consequences of many illegal acts, as evidenced by the recent Enron scandal and many of last year’s corporate financial meltdowns. Ensuring Corporate Misconduct demonstrates for the first time how corporations use insurance to avoid responsibility for corporate misconduct, dangerously undermining the impact of securities laws.
As Tom Baker and Sean J. Griffith demonstrate, this need not be the case. Opening up the formerly closed world of corporate insurance, the authors interviewed people from every part of the industry in order to show the different instances where insurance companies could step in and play a constructive role in strengthening corporate governance—yet currently do not. Ensuring Corporate Misconduct concludes with a set of readily implementable reforms that could significantly rehabilitate the system.
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.
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.
Engaging in sex, becoming parents, raising children: these are among the most personal decisions we make, and for people with mental retardation, these decisions are consistently challenged, regulated, and outlawed. This book is a comprehensive study of the American legal doctrines and social policies, past and present, that have governed procreation and parenting by persons with mental retardation. It argues persuasively that people with retardation should have legal authority to make their own decisions.
Despite the progress of the normalization movement, which has moved so many people with mental retardation into the mainstream since the 1960s, negative myths about reproduction and child rearing among this population persist. Martha Field and Valerie Sanchez trace these prejudices to the eugenics movement of the late nineteenth and early twentieth centuries. They show how misperceptions have led to inconsistent and discriminatory outcomes when third parties seek to make birth control or parenting decisions for people with mental retardation. They also explore the effect of these decisions on those they purport to protect. Detailed, thorough, and just, their book is a sustained argument for reform of the legal practices and social policies it describes.
Merin begins by providing a historical overview of the transformation of marriage from antiquity to the present. He then identifies and critically compares four principal models for the legal regulation and recognition of same-sex partnerships: civil marriage, registered partnership, domestic partnership, and cohabitation. Merin concludes that all of the models except civil marriage discriminate against gays and lesbians just as the "separate but equal" doctrine discriminated against African Americans; thus, so-called alternatives to marriage, even if they provide the same rights and benefits as marriage, are inherently unequal and therefore unconstitutional.
Exposing the powerful contradictions between empowering rights and legal rites
By investigating the harms routinely experienced by the victims and survivors of domestic violence, both inside and outside of law, Everyday Harm studies the limits of what domestic violence law can--and cannot--accomplish. Combining detailed ethnographic research and theoretical analysis, Mindie Lazarus-Black illustrates the ways persistent cultural norms and ingrained bureaucratic procedures work to unravel laws designed to protect the safety of society’s most vulnerable people.
Lazarus-Black’s fieldwork in Trinidad traces a story with global implications about why and when people gain the right to ask the court for protection from violence, and what happens when they pursue those rights in court. Why is itthat, in spite of laws designed to empower subordinated people, so little results from that legislation? What happens in and around courts that makes it so difficult for people to obtain their legally available rights and protections? In the case of domestic violence law, what can such legislation mean for women’s empowerment, gender equity, and protection? How do cultural norms and practices intercept the law?
Illegally harvested ivory and endangered plants, mammals, reptiles, birds, and even insects are easily found for sale throughout East and Southern Africa. And this is just one part of the multi-billion-dollar illegal global trade in wildlife.
Wildlife is an important and even vital asset for both intrinsic and economic reasons. Yet it is illegally exploited on a massive scale to the point where some species now risk extinction. Exploiting the Wilderness provides a concise overview of this shameful business, describing some of the main species being exploited and examining select wildlife whose survival is imperiled due to heavy pressure from poachers to meet consumer demand.
Greg Warchol draws on his firsthand experience and research in Africa to examine the structure and operation of the illegal trade in wildlife. He identifies the participants as well as their motivations and operations, and explains the behavior of poachers, traffickers, and consumers of illegally obtained goods. He concludes with a description of legislative and law enforcement efforts to control and prevent wildlife exploitation along with a number of contemporary conservation initiatives designed to improve the ability of rangers to protect wildlife.
produced three major death camps—Belzec, Treblinka, and Sobibor—which claimed the
lives of 1.8 million Jews. In the 1960s, a small measure of justice came for those victims
when a score of defendants who had been officers and guards at the camps were convicted
of war crimes in West German courts. The conviction rates varied, however. While all but
one of fourteen Treblinka defendants were convicted, half of the twelve Sobibor defendants
escaped punishment, and only one of eight Belzec defendants was convicted. Also,
despite the enormity of the crimes, the sentences were light in many cases, amounting to
only a few years in prison.
In this meticulous history of the Operation Reinhard trials, Michael S. Bryant examines
a disturbing question: Did compromised jurists engineer acquittals or lenient punishments
for proven killers? Drawing on rarely studied archival sources, Bryant concludes
that the trial judges acted in good faith within the bounds of West German law. The key
to successful prosecutions was eyewitness testimony. At Belzec, the near-total efficiency
of the Nazi death machine meant that only one survivor could be found to testify. At Treblinka
and Sobibor, however, prisoner revolts had resulted in a number of survivors who
could give firsthand accounts of specific atrocities and identify participants. The courts,
Bryant finds, treated these witnesses with respect and even made allowances for conflicting
testimony. And when handing down sentences, the judges acted in accordance with
strict legal definitions of perpetration, complicity, and action under duress.
Yet, despite these findings, Bryant also shows that West German legal culture was
hardly blameless during the postwar era. Though ready to convict the mostly workingclass
personnel of the death camps, the Federal Republic followed policies that insulated
the judicial elite from accountability for its own role in the Final Solution. While trial
records show that the “bias” of West German jurists was neither direct nor personal, the
structure of the system ensured that lawyers and judges themselves avoided judgment.
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