A SCHOLARLY BOOK REPOSITORY27 start with I start with I
This study of the Guatemalan legal system during the regimes of two of Latin America’s most repressive dictators reveals the surprising extent to which Maya women used the courts to air their grievances and defend their human rights.
Winner, Bryce Wood Book Award, Latin American Studies Association, 2015
Given Guatemala’s record of human rights abuses, its legal system has often been portrayed as illegitimate and anemic. I Ask for Justice challenges that perception by demonstrating that even though the legal system was not always just, rural Guatemalans considered it a legitimate arbiter of their grievances and an important tool for advancing their agendas. As both a mirror and an instrument of the state, the judicial system simultaneously illuminates the limits of state rule and the state’s ability to co-opt Guatemalans by hearing their voices in court.
Against the backdrop of two of Latin America’s most oppressive regimes—the dictatorships of Manuel Estrada Cabrera (1898–1920) and General Jorge Ubico (1931–1944)—David Carey Jr. explores the ways in which indigenous people, women, and the poor used Guatemala’s legal system to manipulate the boundaries between legality and criminality. Using court records that are surprisingly rich in Maya women’s voices, he analyzes how bootleggers, cross-dressers, and other litigants crafted their narratives to defend their human rights. Revealing how nuances of power, gender, ethnicity, class, and morality were constructed and contested, this history of crime and criminality demonstrates how Maya men and women attempted to improve their socioeconomic positions and to press for their rights with strategies that ranged from the pursuit of illicit activities to the deployment of the legal system.
"An ambitious and well-written book of legal and moral theory to overthrow both utilitarianism and its cousin, the economic approach to law."—Richard A. Posner, New Republic
"A good, well-written book full of interesting examples."—Library Journal
"[An] elegant defense of circumvention and subterfuge . . . a heroically counterintuitive book."—Malcolm Gladwell, New Yorker
An examination of director Todd Haynes and his Bob Dylan biopic.
As the first and only Bob Dylan “biopic,” I’m Not There caused a stir when released in 2007. Offering a surreal retelling of moments from Dylan’s life and career, the film is perhaps best known for its distinctive approach to casting, including Cate Blanchett and Marcus Carl Franklin, a Black child actor, as versions of Dylan though none of the characters bear his name. Greenlit by Bob Dylan himself, the film uses Dylan’s music as a score, a triumph for famed queer filmmaker Todd Haynes after encountering issues with copyright in previous projects.
Noah Tsika eloquently characterizes all the ways that Dylan and Haynes harmonize in their methods and sensibilities, interpreting the rule-breaking film as a biography that refuses chronology, disdains factual accuracy, flirts with libel, and cannibalizes Western cinema. Fitting the film’s inspiration, creation, and reception alongside its continuing afterlife, Tsika examines Dylan’s music in the film through the context of intellectual property, raising questions about who owns artistic material and artistic identities and how such material can be reused and repurposed. Tsika’s adventurous analysis touches on gender, race, queerness, celebrity, popular culture, and the law, while offering much to Haynes and Dylan fans alike.
"Images of a Free Press is the natural sequel to Lee Bollinger's first book, The Tolerant Society, and is destined to become a standard in first amendment scholarship."—Rodney A. Smolla, Constitutional Commentary
"Revisiting themes he first explored some fifteen years ago, Bollinger now adds further to our understanding of the complex relationship among the First Amendment, the Supreme Court, the public, the press and the democratic process. This is a work of insight, sensitivity, and power. Bollinger has a profound knowledge of and a deep affection for his subject, and it shows."—Geoffrey R. Stone, Michigan Law Review
"This thoughtful, understated book remains a call to come join the town meeting and hammer out some new rules of order. Scholars and citizens alike could do well to read Bollinger's book and accept his challenge."—Yale Law Review
"For a number of years, Lee Bollinger has argued that the First Amendment has been applied differently to the print media than it has been to the broadcast media. In his new book, Images of a Free Press, Bollinger provides a concise, persuasive account of why this is so—and why it ought to be so."—Columbia Law Review
Implementing the Endangered Species Act on the Platte Basin Water Commons tells of the negotiations among the U.S. Department of the Interior, the environmental community, and the states of Wyoming, Colorado, and Nebraska that took place from the mid-1970s to 2006. Ambitious talks among rival water users, environmentalists, state authorities, and the Department of the Interior finally resulted in the Platte River Habitat Recovery Program.
Documenting how organizational interests found remedies within the conditions set by the Endangered Species Act, describing how these interests addressed habitat restoration, and advancing sociological propositions under which water providers transcended self-interest and produced an agreement benefiting the environment, this book details the messy process that took place over more than thirty years. Presenting important implications for the future of water management in arid and semi-arid environments, this book will be of interest to anyone involved in water management, as well as academics interested in the social organization of common property.
Thomas L. Gais points out that many laws that regulate group involvement in elections ignore the real difficulties of political mobilization, and he concludes that PACs and the campaign finance laws reflect a fundamental discrepancy between grassroots ideals and the ways in which broadly based groups actually get organized.
". . . . of fundamental scholarly and practical importance. The implications for 'reform' are controversial, flatly contradicting other recent reform proposals . . . . I fully expect that Improper Influence will be one of the most significant books on campaign finance to be published in the 1990s." --Michael Munger, Public Choice
"It is rare to find a book that affords a truly fresh perspective on the role of special interest groups in the financing of U.S. elections. It is also uncommon to find a theoretically rigorous essay confronting a topic usually grounded in empirical terms. . . . Improper Influence scores high on both counts and deserves close attention from students of collective action, campaign finance law, and the U.S. political process more generally." --American Political Science Review
Thomas L. Gais is Senior Fellow, The Nelson A. Rockefeller Institute of Government, State University of New York.
This book contains the oral testimony of victims of pornography, spoken on the record for the first time in history.
Speaking at hearings on a groundbreaking antipornography civil rights law, women offer eloquent witness to the devastation pornography has caused in their lives. Supported by social science experts and authorities on rape, battery, and prostitution, discounted and opposed by free speech advocates and absolutists, their riveting testimony articulates the centrality of pornography to sexual abuse and inequity today.
At issue in these hearings is a law conceived and drafted by Andrea Dworkin and Catharine A. MacKinnon that defines harm done through pornography as a legal injury of sex discrimination warranting civil redress. From the first set of hearings in Minneapolis in 1983 through those before the Massachusetts state legislature in 1992, the witnesses heard here expose the commonplace reality of denigration and sexual subordination due to pornography and refute the widespread notion that pornography is harmless expression that must be protected by the state.
Introduced with powerful essays by MacKinnon and Dworkin, these hearings--unabridged and with each word scrupulously verified--constitute a unique record of a conflict over the meaning of democracy itself--a major civil rights struggle for our time and a fundamental crisis in United States constitutional law: Can we sacrifice the lives of women and children to a pornographer's right to free "speech"? Can we allow the First Amendment to shield sexual exploitation and predatory sexual violence? These pages contain all the arguments for protecting pornography--and dramatically document its human cost.
For more than a century, in settings where the political branches of government were unable or unwilling to exercise self-restraint, the Supreme Court was disposed to treat federal war powers legislation as exempt from judicial review, an attitude that permitted numerous abuses from Prohibition to press censorship.
Though the First World War officially ended in 1918, the Senate’s rejection of the Versailles Treaty kept the United States in a legal state of war until late 1921. Exploring the interplay between political and social events and the evolution of legal theory Christopher May tells how during this challenging three-year period, the government invoked the war powers to pursue ends otherwise beyond its reach: with the backing of Congress and seemingly free from judicial scrutiny, the Wilson administration took over the country’s rail and communications systems, outlawed profiteering, prosecuted strikers, suppressed “radicals” and censored the leftist press. None of these measures bore any true relation to the war, says the author, who then describes the course through which the Supreme Court, confronted by this pattern of abuse, finally abandoned its long-standing refusal to review the constitutionality of war powers legislation.
In the Name of War explores the roles played by Woodrow Wilson, Joseph Tumulty, Albert Burleson, and A. Mitchell Palmer—men whose personal ambitions frequently shaped official policy in the late Progressive Era. After analyzing the Court’s more recent record, including the internment of Japanese-Americans in World War II, May draws some practical conclusions about the use of judicial intervention in time of crisis that are sure to attract the attention of lawyers, legal scholars, historians, and students of the Constitution.
Few images of early America were more striking, and jarring, than that of slaves in the capital city of the world’s most important free republic. Black slaves served and sustained the legislators, bureaucrats, jurists, cabinet officials, military leaders, and even the presidents who lived and worked there. While slaves quietly kept the nation’s capital running smoothly, lawmakers debated the place of slavery in the nation, the status of slavery in the territories newly acquired from Mexico, and even the legality of the slave trade in itself.
This volume, with essays by some of the most distinguished historians in the nation, explores the twin issues of how slavery made life possible in the District of Columbia and how lawmakers in the district regulated slavery in the nation.
Contributors: David Brion Davis, Mary Beth Corrigan, A. Glenn Crothers, Jonathan Earle, Stanley Harrold, Mitch Kachun, Mary K. Ricks, James B. Stewart, Susan Zaeske, David Zarefsky
In 1989, The National Museum of the American Indian Act (NMAIA) was successfully passed after a long and intense struggle. One year later, the Native American Graves Protection and Repatriation Act (NAGPRA) followed. These federal repatriation statutes—arguably some of the most important laws in the history of anthropology, museology, and American Indian rights—enabled Native Americans to reclaim human remains, funerary objects, sacred objects, and objects of cultural patrimony.
Twenty years later, the controversy instigated by the creation of NMAIA and NAGPRA continues to simmer. In the Smaller Scope of Conscience is a thoughtful and detailed study of the ins and outs of the four-year process behind these laws. It is a singular contribution to the history of these issues, with the potential to help mediate the ongoing debate by encouraging all sides to retrace the steps of the legislators responsible for the acts.
Few works are as detailed as McKeown’s account, which looks into bills that came prior to NMAIA and NAGPRA and combs the legislative history for relevant reports and correspondence. Testimonies, documents, and interviews from the primary players of this legislative process are cited to offer insights into the drafting and political processes that shaped NMAIA and NAGPRA.
Above all else, this landmark work distinguishes itself from earlier legislative histories with the quality of its analysis. Invested and yet evenhanded in his narrative, McKeown ensures that this journey through history—through the strategies and struggles of different actors to effect change through federal legislation—is not only accurate but eminently intriguing.
More and more states are legalizing marijuana in some form. Moreover, a majority of the U.S. population is in favor of the drug for recreational use. In the Weeds looks at how our society has become more permissive in the past 150 years—even though marijuana is still considered a Schedule I drug by the American government.
Sociologists Clayton Mosher and Scott Akins take a deep dive into marijuana policy reform, looking at the incremental developments and the historical, legal, social, and political implications of these changes. They investigate the effects, medicinal applications, and possible harms of marijuana. In the Weeds also considers arguments that youth will be heavy users of legalized cannabis, and shows how “weed” is demonized by exaggerations of the drug’s risks and claims of its lack of medicinal value. Mosher and Akins end their timely and insightful book by tracing the distinct paths to the legalization of recreational marijuana in the United States and other countries as well as discussing what the future of marijuana law holds.
Sapna Thottathil calls on us to rethink the politics of organic food by focusing on what it means for the people who grow and sell it—what it means for their health, the health of their environment, and also their economic and political well-being. Taking readers to the state of Kerala in southern India, she shows us a place where the so-called “Green Revolution” program of hybrid seeds, synthetic fertilizers, and rising pesticide use had failed to reduce hunger while it caused a cascade of economic, medical, and environmental problems. Farmers burdened with huge debts from buying the new seeds and chemicals were committing suicide in troubling numbers. Farm laborers suffered from pesticide poisoning and rising rates of birth defects. A sharp fall in biodiversity worried environmental activists, and everyone was anxious about declining yields of key export crops like black pepper and coffee.
In their debates about how to solve these problems, farmers, environmentalists, and policymakers drew on Kerala’s history of and continuing commitment to grassroots democracy. In 2010, they took the unprecedented step of enacting a policy that requires all Kerala growers to farm organically by 2020. How this policy came to be and its immediate economic, political, and physical effects on the state’s residents offer lessons for everyone interested in agriculture, the environment, and what to eat for dinner. Kerala’s example shows that when done right, this kind of agriculture can be good for everyone in our global food system.
The indigenous Bedouin Arab population in the Naqab/Negev desert in Israel has experienced a history of displacement, intense political conflict, and cultural disruption, along with recent rapid modernization, forced urbanization, and migration. This volume of essays highlights international, national, and comparative law perspectives and explores the legal and human rights dimensions of land, planning, and housing issues, as well as the economic, social, and cultural rights of indigenous peoples. Within this context, the essays examine the various dimensions of the “negotiations” between the Bedouin Arab population and the State of Israel.
Indigenous (In)Justice locates the discussion of the Naqab/Negev question within the broader Israeli-Palestinian conflict and within key international debates among legal scholars and human rights advocates, including the application of the Declaration on the Rights of Indigenous Peoples, the formalization of traditional property rights, and the utility of restorative and reparative justice approaches. Leading international scholars and professionals, including the current United Nations Special Rapporteur on Violence against Women and the former United Nations Special Rapporteur on the Rights of Indigenous Peoples, are among the contributors to this volume.
In 1980 the ZANU/PF government of Robert Mugabe came to power after an extended war of liberation. They inherited a cluster of emergency laws similar to those available to the authorities in South Africa. It was also the beginning of the cynical South African state policy of destabilization of the frontline states. This led to a dangerous period of insurrection in Mashonaland and increased activity by Renamo.
Dr. Hatchard uses the case of Zimbabwe to ask questions about the use of authority in contemporary African states. He examines:
1. Whether and in what circumstances the declaration and retention of a state of emergency is justified;
2.The scope of emergency regulations and their impact on individual freedoms;
3.What safeguards are necessary in order to protect those freedoms during a state of emergency.
The relationship is studied from a political as well as a legal perspective. Dr. Hatchard examines the role law has played, is playing and may play. The author concludes that, even if the state of emergency is justified, this does not necessitate the curtailment of the exercise of individual freedoms.
There are many comparisons with the rest of Africa. The book is of practical importance for members of the judiciary, legal practitioners, politicians and human rights organizations. The difficult questions it poses make stimulating teaching material for students of the Third World who want to understand the reality of the exercise of power in fragile situations.
What issues arise when students’ uses of intellectual materials are legally challenged, and how does the academic context affect them? What happens when users of intellectual property, either within or outside the academic structure, violate students’ rights to their intellectual products? In Intellectual Property on Campus, TyAnna K. Herrington addresses these concerns and more, clearing up the confusion often surrounding intellectual property law and its application in an academic setting. Filled with practical information and simple yet thorough explanations, this enlightening volume provides educators and students with a solid basis for understanding the broader impacts of legal and ethical dilemmas involving intellectual materials.
Herrington provides insight for students into how complex concepts such as patent, trademark, copyright, fair use, and plagiarism affect their work. She outlines the potential effects of the choices students make, as well as the benefits and limitations of legal protection for intellectual property, including the thorny issues of authorship and authority under the 1976 Copyright Act. Herrington also explores the topic of student collaboration—now very common on college campuses—and how it affects intellectual property issues and legal relationships, as well as the impact of new technologies, such as blogs, on student work in educational environments.
Intellectual Property on Campus also provides useful information for administrators and educators. In particular, Herrington investigates the possible ramifications of their pedagogical and policy choices, and examines in depth the responsibility of instructors to treat students’ intellectual property legally, ethically, and conscientiously. Cautioning educators about the limitations on their control over intellectual materials in an academic setting, Herrington encourages teachers to minimize their influence over student works, instead giving pupils more freedom to control their own creations.
The volume also investigates the rights, responsibilities, and limitations for users of intellectual property, as opposed to creators, especially as related to student or instructor use of copyrighted materials. Discussed in detail are such issues as fair use and the TEACH Act, as well as the often-intertwined areas of plagiarism, authorship, and copyright. In addition, Herrington addresses recent cultural developments regarding the use and creation of intellectual property by students and instructors.
Written in a jargon-free style that is easy to understand, Intellectual Property on Campus gives students, instructors, and administrators the information they need to navigate the intricate landscape of law and integrity in the realm of academic creation.
With International Bankruptcy, Jodie Adams Kirshner explores the issues involved in determining which courts should have jurisdiction and which laws should apply in addressing problems within. Kirshner brings together theory with the discussion of specific cases and legal developments to explore this developing area of law. Looking at the key issues that arise in cross-border proceedings, International Bankruptcy offers a guide to this legal environment. In addition, she explores how globalization has encouraged the creation of new legal practices that bypass national legal systems, such as the European Insolvency Framework and the Model Law on Cross-Border Insolvency of the United Nations Commission on International Trade Law. The traditional comparative law framework misses the nuances of these dynamics. Ultimately, Kirshner draws both positive and negative lessons about regulatory coordination in the hope of finding cleaner and more productive paths to wind down or rehabilitate failing international companies.
For more than two decades, the Convention on International Trade in Endangered Species of Wild Fauna and Flora, known as CITES, has been one of the largest and most effective conservation agreements in the world. By regulating international commerce in certain species -- from African elephants and exotic birds to hardwoods and bulbs -- the treaty limits trade in species that are in genuine need of protection while allowing controlled trade in species that can withstand some level of exploitation.
In addition to explaining how CITES operates, this definitive reference includes:
- the full text of the CITES treaty
- CITES Appendices I, II, and III
- a list of Parties as of March 1994
- a list of reservations by Parties as of October 1993
International Wildlife Trade provides a valuable overview of wildlife trade issues, and of the strengths and weaknesses of the current treaty.
"A good introduction to an issue too often overlooked. . . . The writing is clear and accessible, the evidence is evocative, and the ideas are challenging."—Beth Kiyoko Jamieson, Law and Politics Book Review
"U. S. government bodies have tried to regulate interracial intimacy from the day Pocahontas married John Rolfe up through Loving v. Virginia, which found antimiscegentation laws unconstitutional in 1967. . . . The weirder anecdotes from our racial history enliven this study, which is likely to become a classic in its field."—Publishers Weekly
"Moran examines the history of U. S. regulation of cross-racial romance, considering the impact of that regulation on the autonomy of individuals and families as well as on racial identity and equality. . . . She is attuned to the nuances of race in this polyglot nation, and supplies thoughtful analysis of these nuances."—Booklist
The rise in divorce, cohabitation, single parenthood, and same-sex partnerships, along with an increase in surrogacy, adoption, and assisted reproductive technologies, has led to many diverse configurations of families, or intimate associations. J. Herbie DiFonzo and Ruth C. Stern chart these trends over the past several decades and investigate their social, legal, and economic implications.
Drawing upon a wealth of social science data, they show that, by a number of measures, children of married parents fare better than children in a household formed by cohabiting adults. This is not to condemn nontraditional families, but to point out that society and the law do not yet adequately provide for their needs. The authors applaud the ways in which courts and legislatures are beginning to replace rigid concepts of marriage and parenthood with the more flexible concept of “functional” family roles. In the conclusion, they call for a legal system that can adapt to the continually changing reality of family life.
Alexander Graham Bell’s invention of the telephone in 1876 stands as one of the great touchstones of American technological achievement. Bringing a new perspective to this history, Invented by Law examines the legal battles that raged over Bell’s telephone patent, likely the most consequential patent right ever granted. To a surprising extent, Christopher Beauchamp shows, the telephone was as much a creation of American law as of scientific innovation.
Beauchamp reconstructs the world of nineteenth-century patent law, replete with inventors, capitalists, and charlatans, where rival claimants and political maneuvering loomed large in the contests that erupted over new technologies. He challenges the popular myth of Bell as the telephone’s sole inventor, exposing that story’s origins in the arguments advanced by Bell’s lawyers. More than anyone else, it was the courts that anointed Bell father of the telephone, granting him a patent monopoly that decisively shaped the American telecommunications industry for a century to come. Beauchamp investigates the sources of Bell’s legal primacy in the United States, and looks across the Atlantic, to Britain, to consider how another legal system handled the same technology in very different ways.
Exploring complex questions of ownership and legal power raised by the invention of important new technologies, Invented by Law recovers a forgotten history with wide relevance for today’s patent crisis.
This is the first empirical, mixed-methods study of copyright issues that speaks to writing specialists and legal scholars about the complicated intersections of rhetoric, technology, copyright law, and writing for the Internet. Martine Courant Rife opens up new conversations about how invention and copyright work together in the composing process for digital writers and how this relationship is central to contemporary issues in composition pedagogy and curriculum.
In this era of digital writing and publishing, composition and legal scholars have identified various problems with writers’ processes and the law’s construction of textual ownership, such as issues of appropriation, infringement, and fair use within academic and online contexts. Invention, Copyright, and Digital Writing unpacks digital writers’ complex perceptions of copyright, revealing how it influences what they choose to write and how it complicates their work. Rife uses quantitative and qualitative approaches and focuses on writing as a tool and a technology-mediated activity, arguing the copyright problem is about not law but invention and the attendant issues of authorship.
Looking at copyright and writing through a rhetorical lens, Rife leverages the tools and history of rhetoric to offer insights into how some of our most ancient concepts inform our understanding of the problems copyright law creates for writers. In this innovative study that will be of interest to professional and technical writers, scholars and students of writing and rhetoric, and legal professionals, Rife offers possibilities for future research, teaching, curriculum design, and public advocacy in regard to composition and changing copyright laws.
How free is the speech of someone who can't be heard? Not very--and this, Owen Fiss suggests, is where the First Amendment comes in. In this book, a marvel of conciseness and eloquence, Fiss reframes the debate over free speech to reflect the First Amendment's role in ensuring public debate that is, in Justice William Brennan's words, truly "uninhibited, robust, and wide-open."
Hate speech, pornography, campaign spending, funding for the arts: the heated, often overheated, struggle over these issues generally pits liberty, as embodied in the First Amendment, against equality, as in the Fourteenth. Fiss presents a democratic view of the First Amendment that transcends this opposition. If equal participation is a precondition of free and open public debate, then the First Amendment encompasses the values of both equality and liberty.
By examining the silencing effects of speech--its power to overwhelm and intimidate the underfunded, underrepresented, or disadvantaged voice--Fiss shows how restrictions on political expenditures, hate speech, and pornography can be defended in terms of the First Amendment, not despite it. Similarly, when the state requires the media to air voices of opposition, or funds art that presents controversial or challenging points of view, it is doing its constitutional part to protect democratic self-rule from the aggregations of private power that threaten it.
Where most liberal accounts cast the state as the enemy of freedom and the First Amendment as a restraint, this one reminds us that the state can also be the friend of freedom, protecting and fostering speech that might otherwise die unheard, depriving our democracy of the full range and richness of its expression.
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