front cover of Mad River, Marjorie Rowland, and the Quest for LGBTQ Teachers’ Rights
Mad River, Marjorie Rowland, and the Quest for LGBTQ Teachers’ Rights
Margaret A. Nash
Rutgers University Press, 2022
Mad River, Marjorie Rowland, and the Quest for LGBTQ Teachers’ Rights addresses an important legal case that set the stage for today’s LGBTQ civil rights–a case that almost no one has heard of. Marjorie Rowland v. Mad River School District involves an Ohio guidance counselor fired in 1974 for being bisexual. Rowland’s case made it to the U.S. Supreme Court, but the justices declined to consider it. In a spectacular published dissent, Justice Brennan laid out arguments for why the First and Fourteenth Amendments apply to bisexuals, gays, and lesbians. That dissent has been the foundation for LGBTQ civil rights advances since.
 
In the first in-depth treatment of this foundational legal case, authors Margaret A. Nash and Karen L. Graves tell the story of that case and of Marjorie Rowland, the pioneer who fought for employment rights for LGBTQ educators and who paid a heavy price for that fight. It brings the story of LGBTQ educators’ rights to the present, including commentary on Bostock v Clayton County, the 2020 Supreme Court case that struck down employment discrimination against LGBT workers.
 
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Making Fathers Pay
The Enforcement of Child Support
David L. Chambers
University of Chicago Press, 1979
A couple with children divorce. A court orders the father to pay child support, but the father fails to pay. This pattern repeats itself thousands of times every year in nearly every American state.

Making Fathers Pay is David L. Chambers's study of the child-support collection process in Michigan, the state most successful in inducing fathers to pay. He begins by reporting the perilous financial problems of divorced mothers with children, problems faced even by mothers who work full time and receive child support. The study then examines the characteristics of fathers who do and do not pay support and the characteristics of collections systems that work.

Chambers's findings are based largely on records of fathers' support payments in twenty-eight Michigan counties, some of which jail hundreds of men for nonpayment every year. Chambers finds that in places well organized to collect support, jailing nonpayers seems to produce higher payments from men jailed and from men not jailed, but only at a high social cost. He also raises grave doubts about the fairness of the judicial process that leads to jail. While Chambers's total sample includes 12,000 men, he interweaves through his text moving interviews with members of one family caught in the painful predicaments that men, women, and children face upon separation.

To increase support for children at lower social costs, Chambers advocates a national system of compulsory deductions from the wages of non-custodial parents who earn more than enough for their own subsistence.

 
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The Making of Lawyers' Careers
Inequality and Opportunity in the American Legal Profession
Robert L. Nelson, Ronit Dinovitzer, Bryant G. Garth, Joyce S. Sterling, David B. Wilkins, Meghan Dawe, and Ethan Michelson
University of Chicago Press, 2023

An unprecedented account of social stratification within the US legal profession.

How do race, class, gender, and law school status condition the career trajectories of lawyers? And how do professionals then navigate these parameters?

The Making of Lawyers’ Careers provides an unprecedented account of the last two decades of the legal profession in the US, offering a data-backed look at the structure of the profession and the inequalities that early-career lawyers face across race, gender, and class distinctions. Starting in 2000, the authors collected over 10,000 survey responses from more than 5,000 lawyers, following these lawyers through the first twenty years of their careers. They also interviewed more than two hundred lawyers and drew insights from their individual stories, contextualizing data with theory and close attention to the features of a market-driven legal profession.

Their findings show that lawyers’ careers both reflect and reproduce inequalities within society writ large. They also reveal how individuals exercise agency despite these constraints.

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The Making of Tocqueville's America
Law and Association in the Early United States
Kevin Butterfield
University of Chicago Press, 2015
Alexis de Tocqueville was among the first to draw attention to Americans’ propensity to form voluntary associations—and to join them with a fervor and frequency unmatched anywhere in the world. For nearly two centuries, we have sought to understand how and why early nineteenth-century Americans were, in Tocqueville’s words, “forever forming associations.” In The Making of Tocqueville’s America, Kevin Butterfield argues that to understand this, we need to first ask: what did membership really mean to the growing number of affiliated Americans?

Butterfield explains that the first generations of American citizens found in the concept of membership—in churches, fraternities, reform societies, labor unions, and private business corporations—a mechanism to balance the tension between collective action and personal autonomy, something they accomplished by emphasizing law and procedural fairness. As this post-Revolutionary procedural culture developed, so too did the legal substructure of American civil society. Tocqueville, then, was wrong to see associations as the training ground for democracy, where people learned to honor one another’s voices and perspectives. Rather, they were the training ground for something no less valuable to the success of the American democratic experiment: increasingly formal and legalistic relations among people.
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Making Rights Real
Activists, Bureaucrats, and the Creation of the Legalistic State
Charles R. Epp
University of Chicago Press, 2009

It’s a common complaint: the United States is overrun by rules and procedures that shackle professional judgment, have no valid purpose, and serve only to appease courts and lawyers. Charles R. Epp argues, however, that few Americans would want to return to an era without these legalistic policies, which in the 1970s helped bring recalcitrant bureaucracies into line with a growing national commitment to civil rights and individual dignity. 

Focusing on three disparate policy areas—workplace sexual harassment, playground safety, and police brutality in both the United States and the United Kingdom—Epp explains how activists and professionals used legal liability, lawsuit-generated publicity, and innovative managerial ideas to pursue the implementation of new rights. Together, these strategies resulted in frameworks designed to make institutions accountable through intricate rules, employee training, and managerial oversight. Explaining how these practices became ubiquitous across bureaucratic organizations, Epp casts today’s legalistic state in an entirely new light.

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Making Sense of Advance Directives
revised edition
Nancy M.P. King
Georgetown University Press, 1996

Advance directives—such as living wills and health care proxies—are documents intended to declare and preserve the health care choices of patients if they become unable to make their own decisions. This book provides a comprehensive overview of advance directives and clear, practical directions for writing and interpreting them.

Nancy M.P. King provides a legal, philosophical, and historical analysis of the moral and legal force of advance directives. She explains the types and models of advance directives currently in use and offers guidelines for individuals seeking to write, read, and use directives to promote individuals' health care choices within the laws of their own states.

King emphasizes that advance directives are not orders given by patients to their doctors; instead, they are documents that invite conversation between doctors and patients about health care decisions of great importance. The purpose of advance directives is to support patients' health care choices, and the book promotes a thoughtful use of advance directives that is best calculated to achieve that purpose, whatever form individual advance directives may take.

This new edition has been updated to reflect the many changes in advance directive statutes since 1991, including expanded discussions of health care proxy statutes, the impact of the Patient Self-Determination Act and the Supreme Court's Cruzan decision. King also has extended her analysis of the implications for advance directives of managed care, resource allocation, resource scarcity, and the debate over futile treatment at the end of life.

Making Sense of Advance Directives is a valuable handbook for patients, health care providers and administrators, patient counselors, lawyers, policymakers, and any individual interested in advance directives.

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Managing Data for Patron Privacy
Comprehensive Strategies for Libraries
Kristin Briney and Becky Yoose
American Library Association, 2022
Libraries are not exempt from the financial costs of data breaches or leaks, no matter the size. Whether from a library worker unwittingly sharing a patron’s address with a perpetrator of domestic violence to leaving sensitive patron data unprotected, patrons can also pay a hefty price when libraries fail to manage patron data securely and ethically. In this guide, readers will learn concrete action steps for putting the ethical management of data into practice, following two common public and academic library cumulative case studies. The authors explore such key topics as
  • succinct summaries of major U.S. laws and other regulations and standards governing patron data management;
  • information security practices to protect patrons and libraries from common threats;
  • how to navigate barriers in organizational culture when implementing data privacy measures;
  • sources for publicly available, customizable privacy training material for library workers;
  • the data life cycle from planning and collecting to disposal;
  • how to conduct a data inventory;
  • understanding the associated privacy risks of different types of library data;
  • why the current popular model of library assessment can become a huge privacy invasion;
  • addressing key topics while keeping your privacy policy clear and understandable to patrons; and
  • data privacy and security provisions to look for in vendor contracts.
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Managing Land Use Conflicts
Case Studies in Special Area Management
David J. Brower and Daniel S. Carol, eds.
Duke University Press, 1987
This work contains a series of case studies of the planning phenomenon that has become known as Special Area Management (SAM)--those areas so naturally valuable, so important for human use, so sensitive to impact, or so particular in their planning requirements as to need special management treatment. Based on an examination of the SAMs, this work integrates various aspects of the process of their planning and management and proposes policy and administrative guidelines to improve SAMs as a planning tool.
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The Marion Experiment
Long-Term Solitary Confinement and the Supermax Movement
Edited by Stephen C. Richards
Southern Illinois University Press, 2015

Taking readers into the darkness of solitary confinement, this searing collection of convict experiences, academic research, and policy recommendations shines a light on the proliferation of supermax (super-maximum-security) prisons and the detrimental effects of long-term high-security confinement on prisoners and their families.

Stephen C. Richards, an ex-convict who served time in nine federal prisons before earning his PhD in criminology, argues the supermax prison era began in 1983 at USP Marion in southern Illinois, where the first “control units” were built by the Federal Bureau of Prisons. The Marion Experiment, written from a convict criminology perspective, offers an introduction to long-term solitary confinement and supermax prisons, followed by a series of first-person accounts by prisoners—some of whom are scholars—previously or currently incarcerated in high-security facilities, including some of the roughest prisons in the western world. Scholars also address the widespread “Marionization” of solitary confinement; its impact on female, adolescent, and mentally ill prisoners and families; and international perspectives on imprisonment.

As a bold step toward rethinking supermax prisons, Richards presents the most comprehensive view of the topic to date to raise awareness of the negative aspects of long-term solitary confinement and the need to reevaluate how prisoners are housed and treated.

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Marriage and Divorce in the Jewish State
Israel's Civil War
Susan M. Weiss and Netty C. Gross-Horowitz
Brandeis University Press, 2012
Israel currently has two recognized systems of law operating side by side: civil and religious. Israeli religious courts possess the exclusive right to conduct and terminate marriages. There is no civil marriage or divorce in Israel, irrespective of one’s religious inclinations. All Muslims must marry and divorce in accordance with shariya laws, all Catholics in accordance with canon law, and all Jews in accordance with Torah law (halakha). The interpretation and implementation of Torah law is in the hands of the Orthodox religious establishment, the only stream of Judaism that enjoys legal recognition in Israel. The rabbinic courts strenuously oppose any changes to this so-called status quo arrangement between religious and secular authorities. In fact, religious courts in Israel are currently pressing for expanded jurisdiction beyond personal status, stressing their importance to Israel’s growing religious community. This book shows how religious courts, based on centuries-old patriarchal law, undermine the full civil and human rights of Jewish women in Israel. Making a broad argument for civil marriage and divorce in Israel, the authors also emphasize that religious marriages and divorces, when they do occur, must benefit from legislation that makes divorce easier to obtain. Making this issue their focal point, they speak to a larger question: Is Israel a democracy or a theocracy?
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Mastering Boston Harbor
Courts, Dolphins, and Imperiled Waters
Charles M. Haar
Harvard University Press, 2005

Mastering Boston Harbor chronicles how America's most glorious and historically significant harbor was rescued from decades of pollution and neglect by a community of caring citizens who were linked to an environmentally committed judge and his special harbor master. This dynamic public-private team shaped novel legal and political procedures for governing and restoring the harbor.

Charles Haar provides a fascinating study of the convergence of judicial supervision with political, environmental, financial, and technological interests. He challenges those who will instantly decry an "activist" judiciary and pulls back the curtain on the serious problems a court faces when it must grapple with an intractable problem affecting public interest. Haar demonstrates that at times only a resolute judiciary can energize and coordinate the branches of government to achieve essential contemporary social goals--goals that are endorsed and supported by a majority whose voice is often ignored in legislative and executive back rooms.

Because of his experience as special master in the dispute, Haar provides the reader with an insider's view of a modern brand of judicial decision-making that is not anti-majoritarian, and could be applied to similar crises in which the legislative and executive branches of government are impotent. Citizens concerned about the conflict between unbridled economic liberty and environmental protection will gain important insight from this eyewitness account of how the "harbor of shame" became a vibrant focal point for the renewal of Boston as a world-class city.

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Mastering the Law
Slavery and Freedom in the Legal Ecology of the Spanish Empire
Ricardo Raúl Salazar Rey
University of Alabama Press, 2020
Explores the legal relationships of enslaved people and their descendants during the sixteenth and seventeenth centuries in Spanish America
 
Atlantic slavery can be overwhelming in its immensity and brutality, as it involved more than 15 million souls forcibly displaced by European imperialism and consumed in building the global economy. Mastering the Law: Slavery and Freedom in the Legal Ecology of the Spanish Empire lays out the deep history of Iberian slavery, explores its role in the Spanish Indies, and shows how Africans and their descendants used and shaped the legal system as they established their place in Iberoamerican society during the seventeenth century.
 
Ricardo Raúl Salazar Rey places the institution of slavery and the people involved with it at the center of the creation story of Latin America. Iberoamerican customs and laws and the institutions that enforced them provided a common language and a forum to resolve disputes for Spanish subjects, including enslaved and freedpeople. The rules through which Iberian conquerors, settlers, and administrators incorporated Africans into the expanding Empire were developed out of the need of a distant crown to find an enforceable consensus. Africans and their mestizo descendants, in turn, used and therefore molded Spanish institutions to serve their interests.Salazar Rey mined extensively the archives of secular and religious courts, which are full of complex disputes, unexpected subversions, and tactical alliances among enslaved people, freedpeople, and the crown.
 
The narrative unfolds around vignettes that show Afroiberians building their lives while facing exploitation and inequality enforced through violence. Salazar Rey deals mostly with cases originating from Cartagena de Indias, a major Atlantic port city that supported the conquest and rule of the Indies. His work recovers the voices and indomitable ingenuity that enslaved people and their descendants displayed when engaging with the Spanish legal ecology. The social relationships animating the case studies represent the broader African experience in the Americas during the sixteenth and seventeenth centuries.
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Media Localism
The Policies of Place
Christopher Ali
University of Illinois Press, 2017
We live in a boosterish era that exhorts us to play local and buy local. But what does it mean to support local media? How should we define local media in the first place? Christopher Ali delves into our ideas about localism and their far-reaching repercussions for the discourse of federal media policy and regulation. His critique focuses on the new interest in localism among regulators in the United States, the United Kingdom, and Canada. As he shows, the many different and often contradictory meanings of localism complicate efforts to study local voices. At the same time, market factors and regulators' unwillingness to critically examine local media blunt challenges to the status quo. Ali argues that reconciling the places where we live with the spaces we inhabit will point regulators toward effective policies that strengthens local media. That new approach will again elevate local media to its rightful place as a vital part of the public good.
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Medical Monopoly
Intellectual Property Rights and the Origins of the Modern Pharmaceutical Industry
Joseph M. Gabriel
University of Chicago Press, 2014
During most of the nineteenth century, physicians and pharmacists alike considered medical patenting and the use of trademarks by drug manufacturers unethical forms of monopoly; physicians who prescribed patented drugs could be, and were, ostracized from the medical community. In the decades following the Civil War, however, complex changes in patent and trademark law intersected with the changing sensibilities of both physicians and pharmacists to make intellectual property rights in drug manufacturing scientifically and ethically legitimate. By World War I, patented and trademarked drugs had become essential to the practice of good medicine, aiding in the rise of the American pharmaceutical industry and forever altering the course of medicine.
           
Drawing on a wealth of previously unused archival material, Medical Monopoly combines legal, medical, and business history to offer a sweeping new interpretation of the origins of the complex and often troubling relationship between the pharmaceutical industry and medical practice today. Joseph M. Gabriel provides the first detailed history of patent and trademark law as it relates to the nineteenth-century pharmaceutical industry as well as a unique interpretation of medical ethics, therapeutic reform, and the efforts to regulate the market in pharmaceuticals before World War I. His book will be of interest not only to historians of medicine and science and intellectual property scholars but also to anyone following contemporary debates about the pharmaceutical industry, the patenting of scientific discoveries, and the role of advertising in the marketplace.
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Mental Disorder, Work Disability, and the Law
Edited by Richard J. Bonnie and John Monahan
University of Chicago Press, 1996
A barrage of "handbooks" and "resource manuals" aimed at employers and legal practitioners on the employment rights of people with disabilities has begun to appear. Until now, however, there has been no serious book-length scholarly treatment of how mental disorder can affect work, how work can affect mental disorder, and the role of law in addressing employment discrimination based on mental rather than physical disability. In Mental Disorder, Work Disability and the Law, the editors bring together original work by leading scholars who have studied mental disorder and work disability from the fields of sociology, psychology, psychiatry, law, and economics. The authors' contributions build upon one another to create the first integrated account of the important policy issues at stake when law deals with the rights of mentally disordered citizens to work when they are able to, and to receive benefits when they are not.

This book will be of great value to scholars in law and the mental health professions and to policy makers and the administrators of disability programs.
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Mexico's Indigenous Communities
Their Lands and Histories, 1500-2010
Ethelia Ruiz Medrano
University Press of Colorado, 2010
A rich and detailed account of indigenous history in central and southern Mexico from the sixteenth to the twenty-first centuries, Mexico's Indigenous Communities is an expansive work that destroys the notion that Indians were victims of forces beyond their control and today have little connection with their ancient past. Indian communities continue to remember and tell their own local histories, recovering and rewriting versions of their past in light of their lived present.

Ethelia Ruiz Medrano focuses on a series of individual cases, falling within successive historical epochs, that illustrate how the practice of drawing up and preserving historical documents-in particular, maps, oral accounts, and painted manuscripts-has been a determining factor in the history of Mexico's Indian communities for a variety of purposes, including the significant issue of land and its rightful ownership. Since the sixteenth century, numerous Indian pueblos have presented colonial and national courts with historical evidence that defends their landholdings.

Because of its sweeping scope, groundbreaking research, and the author's intimate knowledge of specific communities, Mexico's Indigenous Communities is a unique and exceptional contribution to Mexican history. It will appeal to students and specialists of history, indigenous studies, ethnohistory, and anthropology of Latin America and Mexico

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The Microsoft Case
Antitrust, High Technology, and Consumer Welfare
William H. Page and John E. Lopatka
University of Chicago Press, 2007

In 1998, the United States Department of Justice and state antitrust agencies charged that Microsoft was monopolizing the market for personal computer operating systems.  More than ten years later, the case is still the defining antitrust litigation of our era.  William H. Page and John E. Lopatka’s The Microsoft Case contributes to the debate over the future of antitrust policy by examining the implications of the litigation from the perspective of consumer welfare. 

The authors trace the development of the case from its conceptual origins through the trial and the key decisions on both liability and remedies.  They argue that, at critical points, the legal system failed consumers by overrating government’s ability to influence outcomes in a dynamic market. This ambitious book is essential reading for business, law, and economics scholars as well as anyone else interested in the ways that technology, economics, and antitrust law have interacted in the digital age.

“This book will become the gold standard for analysis of the monopolization cases against Microsoft. . . . No serious student of law or economic policy should go without reading it.”—Thomas C. Arthur, Emory University

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The Militia and the Right to Arms, or, How the Second Amendment Fell Silent
H. Richard Uviller and William G. Merkel
Duke University Press, 2002
"A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed."
—Amendment II, United States Constitution

The Second Amendment is regularly invoked by opponents of gun control, but H. Richard Uviller and William G. Merkel argue the amendment has nothing to contribute to debates over private access to firearms. In The Militia and the Right to Arms, or, How the Second Amendment Fell Silent, Uviller and Merkel show how postratification history has sapped the Second Amendment of its meaning. Starting with a detailed examination of the political principles of the founders, the authors build the case that the amendment's second clause (declaring the right to bear arms) depends entirely on the premise set out in the amendment's first clause (stating that a well-regulated militia is necessary to the security of a free state). The authors demonstrate that the militia envisioned by the framers of the Bill of Rights in 1789 has long since disappeared from the American scene, leaving no lineal descendants. The constitutional right to bear arms, Uviller and Merkel conclude, has evaporated along with the universal militia of the eighteenth century.

Using records from the founding era, Uviller and Merkel explain that the Second Amendment was motivated by a deep fear of standing armies. To guard against the debilitating effects of militarism, and against the ultimate danger of a would-be Caesar at the head of a great professional army, the founders sought to guarantee the existence of well-trained, self-armed, locally commanded citizen militia, in which service was compulsory. By its very existence, this militia would obviate the need for a large and dangerous regular army. But as Uviller and Merkel describe the gradual rise of the United States Army and the National Guard over the last two hundred years, they highlight the nation's abandonment of the militia ideal so dear to the framers. The authors discuss issues of constitutional interpretation in light of radically changed social circumstances and contrast their position with the arguments of a diverse group of constitutional scholars including Sanford Levinson, Carl Bogus, William Van Alstyne, and Akhil Reed Amar.  

Espousing a centrist position in the polarized arena of Second Amendment interpretation, this book will appeal to those wanting to know more about the amendment's relevance to the issue of gun control, as well as to those interested in the constitutional and political context of America's military history.

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A Ministry of Presence
Chaplaincy, Spiritual Care, and the Law
Winnifred Fallers Sullivan
University of Chicago Press, 2014
Most people in the United States today no longer live their lives under the guidance of local institutionalized religious leadership, such as rabbis, ministers, and priests; rather, liberals and conservatives alike have taken charge of their own religious or spiritual practices. This shift, along with other social and cultural changes, has opened up a perhaps surprising space for chaplains—spiritual professionals who usually work with the endorsement of a religious community but do that work away from its immediate hierarchy, ministering in a secular institution, such as a prison, the military, or an airport, to an ever-changing group of clients of widely varying faiths and beliefs.

In A Ministry of Presence, Winnifred Fallers Sullivan explores how chaplaincy works in the United States—and in particular how it sits uneasily at the intersection of law and religion, spiritual care, and government regulation. Responsible for ministering to the wandering souls of the globalized economy, the chaplain works with a clientele often unmarked by a specific religious identity, and does so on behalf of a secular institution, like a hospital. Sullivan's examination of the sometimes heroic but often deeply ambiguous work yields fascinating insights into contemporary spiritual life, the politics of religious freedom, and the never-ending negotiation of religion's place in American institutional life.
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Monongah
The Tragic Story of the 1907 Monongah Mine Disaster
DAVITT MCATEER
West Virginia University Press, 2014

New paperback edition with an introduction by Robert B. Reich

Monongah: The Tragic Story of the 1907 Monongah Mine Disaster documents the events and conditions that led to the worst industrial accident in the history of the United States. This mining accident claimed hundreds of lives on the morning of December 6, 1907 and McAteer, an expert on mine and workplace health and safety, delves deeply into the economic forces and social-political landscape of the mining communities of north central West Virginia to expose the truth behind this tragedy. After nearly thirty years of exhaustive research, McAteer determines that close to 500 men and boys—many of them immigrants—lost their lives that day, leaving hundreds of women widowed and more than one thousand children orphaned. 

The tragedy at Monongah led to a greater awareness of industrial working conditions, and ultimately to the Federal Coal Mine Health and Safety Act of 1969, which McAteer helped to enact. This new paperback edition includes an introduction by Robert B. Reich, Chancellor’s Professor of Public Policy at the University of California at Berkeley and Secretary of Labor during the Clinton administration.

 
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The Moral Conflict of Law and Neuroscience
Peter A. Alces
University of Chicago Press, 2018
Law relies on a conception of human agency, the idea that humans are capable of making their own choices and are morally responsible for the consequences. But what if that is not the case? Over the past half century, the story of the law has been one of increased acuity concerning the human condition, especially the workings of the brain. The law already considers select cognitive realities in evaluating questions of agency and responsibility, such as age, sanity, and emotional distress. As new neuroscientific research comprehensively calls into question the very idea of free will, how should the law respond to this revised understanding?
           
Peter A. Alces considers where and how the law currently fails to appreciate the neuroscientific revelation that humans may in key ways lack normative free will—and therefore moral responsibility. The most accessible setting in which to consider the potential impact of neuroscience is criminal law, as certain aspects of criminal law already reveal the naiveté of most normative reasoning, such as the inconsistent treatment of people with equally disadvantageous cognitive deficits, whether congenital or acquired. But tort and contract law also assume a flawed conception of human agency and responsibility. Alces reveals the internal contradictions of extant legal doctrine and concludes by considering what would be involved in constructing novel legal regimes based on emerging neuroscientific insights.
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The Morality of Abortion
Legal and Historical Perspectives
John T. Noonan Jr.
Harvard University Press, 1970

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More Guns, Less Crime
Understanding Crime and Gun Control Laws, Second Edition
John R. Lott, Jr.
University of Chicago Press, 2000
Does allowing people to own or carry guns deter violent crime? Or does it simply cause more citizens to harm each other? Directly challenging common perceptions about gun control, legal scholar John Lott presents the most rigorously comprehensive data analysis ever done on crime statistics and right-to-carry laws. This timely and provocative work comes to the startling conclusion: more guns mean less crime. In this paperback edition, Lott has expanded the research through 1996, incorporating new data available from states that passed right-to-carry and other gun laws since the book's publication as well as new city-level statistics.

"Lott's pro-gun argument has to be examined on the merits, and its chief merit is lots of data. . . . If you still disagree with Lott, at least you will know what will be required to rebut a case that looks pretty near bulletproof."—Peter Coy, Business Week

"By providing strong empirical evidence that yet another liberal policy is a cause of the very evil it purports to cure, he has permanently changed the terms of debate on gun control. . . . Lott's book could hardly be more timely. . . . A model of the meticulous application of economics and statistics to law and policy."—John O. McGinnis, National Review

"His empirical analysis sets a standard that will be difficult to match. . . . This has got to be the most extensive empirical study of crime deterrence that has been done to date."—Public Choice

"For anyone with an open mind on either side of this subject this book will provide a thorough grounding. It is also likely to be the standard reference on the subject for years to come."—Stan Liebowitz, Dallas Morning News

"A compelling book with enough hard evidence that even politicians may have to stop and pay attention. More Guns, Less Crime is an exhaustive analysis of the effect of gun possession on crime rates."—James Bovard, Wall Street Journal

"John Lott documents how far 'politically correct' vested interests are willing to go to denigrate anyone who dares disagree with them. Lott has done us all a service by his thorough, thoughtful, scholarly approach to a highly controversial issue."—Milton Friedman
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More Guns, Less Crime
Understanding Crime and Gun Control Laws, Third Edition
John R. Lott, Jr.
University of Chicago Press, 2010

On its initial publication in 1998, John R. Lott’s More Guns, Less Crime drew both lavish praise and heated criticism. More than a decade later, it continues to play a key role in ongoing arguments over gun-control laws: despite all the attacks by gun-control advocates, no one has ever been able to refute Lott’s simple, startling conclusion that more guns mean less crime. Relying on the most rigorously comprehensive data analysis ever conducted on crime statistics and right-to-carry laws, the book directly challenges common perceptions about the relationship of guns, crime, and violence. For this third edition, Lott draws on an additional ten years of data—including provocative analysis of the effects of gun bans in Chicago and Washington, D.C—that brings the book fully up to date and further bolsters its central contention.

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More Speech, Not Less
Communications Law in the Information Age
Mark Sableman. Foreword by Paul Simon
Southern Illinois University Press, 1997

On a daily basis we are confronted with "more speech, not less"—more news reports, more television channels, more publications, more electronic communications. Communications laws have expanded in response to the proliferation of communications, and these laws affect everyone.

Communications lawyer Mark Sableman uses recent case studies, practical examples, and plain language to describe and analyze the broad spectrum of modern communications laws and policies. In these essays, Sableman helps communications professionals as well as informed citizens understand the law.

The constitutional foundation for the information age is settled: radical solutions on either side have been rejected. Neither First Amendment absolutism nor untrammeled content-based censorship will rule in America. But within the remaining middle area, many key policy choices are being made by courts and policy makers. Intricate webs of legal do’s and don’ts, practical pitfalls, and effective safe harbors are being developed across the broad spectrum of communications law.

In this guide to existing law, developing trends, and critical policy determinations, Sableman discusses privacy, Internet communications and policy, censorship, libel and slander, copyright and intellectual property, advertising, broadcasting, and journalistic confidentiality. Through actual cases and practical examples, he examines and explains both the existing rules for communications professionals and the developing policies that deserve the attention and scrutiny of informed citizens. Sableman approaches these subjects as a practicing lawyer experienced in both business and media communications.

The phrase "more speech, not less" describes not only the growing cacophony of the information age, but also one approach to legal policy—Justice Louis D. Brandeis’s preference for "more speech, not enforced silence" in all but the most extreme situations. Drawing from his strong advocacy of free speech, Sableman hopes to stimulate informed debate among all who are concerned about the power of information and the magic of words and images.

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More Than Science and Sputnik
The National Defense Education Act of 1958
Wayne J. Urban
University of Alabama Press, 2010
A behind-the-scenes look at the creation of the National Defense Education Act.

Sparked by dramatic Soviet achievements, particularly in nuclear technology and the development of the Sputnik space orbiter, the United States responded in the late 1950s with an extraordinary federal investment in education. Designed to overcome a perceived national failure to produce enough qualified scientists, engineers, and mathematicians to compete with the Communist bloc, the effort resulted in the National Defense Education Act of 1958 (NDEA). Representative Carl Elliott and Senator Lister Hill both from Alabama, and then Assistant Secretary of Health, Education, and Welfare, Elliot Richardson were the prime movers in shaping of this landmark legislation.

More than Science and Sputnik analyzes primary documents of the three leaders to describe the political process that established the NDEA. The book illustrates what the assumptions of the key players were, and why they believed the act was needed.
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Mother Earth and Uncle Sam
How Pollution and Hollow Government Hurt Our Kids
By Rena I. Steinzor
University of Texas Press, 2007

In this compelling study, Rena Steinzor highlights the ways in which the government, over the past twenty years, has failed to protect children from harm caused by toxic chemicals. She believes these failures—under-funding, excessive and misguided use of cost/benefit analysis, distortion of science, and devolution of regulatory authority—have produced a situation in which harm that could be reduced or eliminated instead persists.

Steinzor states that, as a society, we are neglecting our children's health to an extent that we would find unthinkable as individual parents, primarily due to the erosion of the government's role in protecting public health and the environment. At this pace, she asserts, our children will inherit a planet under grave threat. We can arrest these developments if a critical mass of Americans become convinced that these problems are urgent and the solutions are near at hand.

By focusing on three specific case studies—mercury contamination through the human food chain, perchlorate (rocket fuel) in drinking water, and the effects of ozone (smog) on children playing outdoors—Steinzor creates an analysis grounded in law, economics, and science to prove her assertions about the existing dysfunctional system.

Steinzor then recommends a concise and realistic series of reforms that could reverse these detrimental trends and serve as a blueprint for restoring effective governmental intervention. She argues that these recommendations offer enough material to guide government officials and advocacy groups toward prompt implementation, for the sake of America's—and the world's—future generations.

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"Mr. Taxpayer versus Mr. Tax Spender"
Taxpayers' Associations, Pocketbook Politics, and the Law during the Great Depression
Linda Upham-Bornstein
Temple University Press, 2023
During the Great Depression, the proliferation of local taxpayers’ associations was dramatic and unprecedented. The justly concerned members of these organizations examined the operations of state, city, and county governments, then pressed local officials for operational and fiscal reforms. These associations aimed to reduce the cost of state and local governments to make operations more efficient and less expensive. 
 
“Mr. Taxpayer versus Mr. Tax Spender” presents a comprehensive overview of these grassroots taxpayers’ leagues beginning in the 1860s and shows how they evolved during their heyday in the 1930s. Linda Upham-Bornstein chronicles the ways these taxpayers associations organized as well as the tools they used—constructive economy, political efforts, tax strikes, and tax revolt through litigation—to achieve their objectives.
 
Taxpayer activity was a direct consequence of—and a response to—the economic crisis of the Great Depression and the expansion of the size and scope of government. “Mr. Taxpayer versus Mr. Tax Spender” connects collective tax resistance in the 1930s to the populist tradition in American politics and to other broad impulses in American political and legal history.
 
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front cover of Mrs. Shipley's Ghost
Mrs. Shipley's Ghost
The Right to Travel and Terrorist Watchlists
Jeffrey Kahn
University of Michigan Press, 2014

Today, when a single person can turn an airplane into a guided missile, no one objects to rigorous security before flying. But can the state simply declare some people too dangerous to travel, ever and anywhere? Does the Constitution protect a fundamental right to travel? Should the mode of travel (car, plane, or boat) or itinerary (domestic or international) make a constitutional difference? This book explores the legal and policy questions raised by government travel restrictions, from passports and rubber stamps to computerized terrorist watchlists.

In tracing the history and scope of U.S. travel regulations, Jeffrey Kahn begins with the fascinating story of Mrs. Ruth Shipley, a federal employee who almost single-handedly controlled access to passports during the Cold War. Kahn questions how far national security policies should go and whether the government should be able to declare some individuals simply too dangerous to travel. An expert on constitutional law, Kahn argues that U.S. citizens’ freedom to leave the country and return is a fundamental right, protected by the Constitution.

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front cover of Music in American Crime Prevention and Punishment
Music in American Crime Prevention and Punishment
Lily E. Hirsch
University of Michigan Press, 2014

Although the use of music for extramusical purposes has been a part of American culture for some time, the phenomenon remained largely unknown to the general public until revelations became widespread of startling military practices during the second Iraq War. In Music in American Crime Prevention and Punishment, Lily E. Hirsch explores the related terrain at the intersection of music and law, demonstrating the ways in which music has become a tool of law enforcement and justice through: police and community leaders’ use of classical music in crime deterrence and punishment; the use of rap lyrics as prosecutorial evidence; allegations of music as incitement to violence; and the role of music in U.S. prisons and in detention centers in Guantanamo, Iraq, and Afghanistan.

In the course of her study, Hirsch asks several questions: How does the law treat music? When and why does music participate in the law? How does music influence the legal process? How does the legal process influence music? And how do these appropriations affect the Romantic ideals underlying our view of music?

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front cover of Muting Israeli Democracy
Muting Israeli Democracy
How Media and Cultural Policy Undermine Free Expression
Amit M. Schejter
University of Illinois Press, 2009
The result of years of critical analysis of Israeli media law, this book argues that the laws governing Israeli electronic media are structured to limit the boundaries of public discourse. Amit M. Schejter posits the theory of a "mute democracy," one in which the media are designed to provide a platform for some voices to be heard over others. While Israel's institutions may be democratic, and while the effect of these policies may be limited, this book contends that free speech in Israel is institutionally muted to ensure the continued domination of the Jewish majority and its preferred interpretation of what Israel means as a Jewish-democratic state. Analyzing a wide range of legal documents recorded in Israel from 1961 to 2007, Muting Israeli Democracy demonstrates in scrupulous detail how law and policy are used to promote the hegemonic national culture through the constraints and obligations set on electronic media.
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