front cover of Waiting for Gautreaux
Waiting for Gautreaux
A Story of Segregation, Housing, and the Black Ghetto
Alexander Polikoff
Northwestern University Press, 2007
Winner, 2006 The American Lawyer Lifetime Achievement Award

On his thirty-ninth birthday in 1966, Alexander Polikoff, a volunteer ACLU attorney and partner in a Chicago law firm, met some friends to discuss a pro bono case. Over lunch, the four talked about the Chicago Housing Authority construction program. All the new public housing, it seemed, was going into black neighborhoods. If discrimination was prohibited in public schools, wasn't it also prohibited in public housing?

And so began Gautreaux v. CHA and HUD, a case that from its rocky beginnings would roll on year after year, decade after decade, carrying Polikoff and his colleagues to the nation's Supreme Court (to face then-solicitor general Robert Bork); establishing precedents for suits against the discriminatory policies of local housing authorities, often abetted by HUD; and setting the stage for a nationwide experiment aimed at ending the concentration--and racialization--of poverty through public housing. Sometimes Kafkaesque, sometimes simply inspiring, and never less than absorbing, the story of Gautreaux, told by its principal lawyer, moves with ease through local and national civil rights history, legal details, political matters, and the personal costs--and rewards--of a commitment to fairness, equality, and justice. Both the memoir of a dedicated lawyer, and the narrative of a tenacious pursuit of equality, this story--itself a critical, still-unfolding chapter in recent American history--urges us to take an essential step in ending the racial inequality that Alexis de Toqueville prophetically named America's "most formidable evil."
[more]

front cover of The War on Wine
The War on Wine
Prohibition, Neoprohibition, and American Culture
Victor W. Geraci
University of Nevada Press, 2023

The development of an American wine ethos.

The history of wine is a tale of capitalist production and consumer experience, and early Americans embraced the idea of having their own wine culture. But many began to believe that excessive alcohol consumption had become a moral, ethical, economic, political, social, and health conundrum. The result was a national on-again, off-again relationship with the concept of an American wine culture. 

Citizens struggled to build a wine culture patterned after their diasporic European custom of wine as a moderating beverage that was part of a healthy diet. Yet, as America grew, untold attempts to create a wine culture failed due to climate, pests, diseases, wars, and depressions, resulting in some people considering the nation an alcoholic republic. Thus began an anti-alcohol culture war aimed at restricting or prohibiting alcoholic beverages. 

With the passage of the Eighteenth Amendment (Prohibition), a culture war started between wet and dry proponents. After the repeal of Prohibition, the decimated wine industry responded by forming the Wine Institute to rebrand wine’s role in American society, after which neoprohibitionists attempted to restrict alcohol availability and consumption. To confront these aggressive actions, the Wine Institute hired politically trained John A. De Luca to navigate the new attacks and pushed for rebranding wine as a cultural spirit with health benefits.

[more]

front cover of Warped Narratives
Warped Narratives
Distortion in the Framing of Gun Policy
Melissa K. Merry
University of Michigan Press, 2020

The politics of gun policy in the United States are dramatic. Against the backdrop of daily gun violence—which claims more than 33,000 lives per year—gun control groups push for stronger regulations, while gun rights groups resist infringements upon their Second Amendment rights. To illuminate the dynamics of this polarized debate, Warped Narratives examines how and why interest groups frame the gun violence problem in particular ways, exploring the implication of groups’ framing choices for policymaking and politics. Melissa K. Merry argues that the gun policy arena is warped, and that both gun control and gun rights organizations contribute to the distortion of the issue by focusing on atypical characters and settings in their policy narratives. Gun control groups emphasize white victims, child victims, and mass shootings in suburban locales, while gun rights groups focus on self-defense shootings, highlighting threats to “law-abiding” gun owners. In reality, most gun deaths are the result of suicide. Homicides occur disproportionately in urban areas, mainly affecting racial minorities. While warping makes political sense in the short term, it may lead to negative, long-term consequences, including constraints on groups’ ability to build broad-based coalitions and to reduce prospects for compromise. To demonstrate warping, Merry analyzes nearly 67,000 communications by 15 national gun policy groups between 2000 and 2017 collected from blogs, emails, Facebook posts, and press releases. This book is the first to systematically assess the role of race in gun policy groups’ framing and offers the most comprehensive examination to date of interest groups’ presentation of this issue.

[more]

front cover of Wasting a Crisis
Wasting a Crisis
Why Securities Regulation Fails
Paul G. Mahoney
University of Chicago Press, 2015
The recent financial crisis led to sweeping reforms that inspired countless references to the financial reforms of the New Deal. Comparable to the reforms of the New Deal in both scope and scale, the 2,300-page Dodd-Frank Act of 2010—the main regulatory reform package introduced in the United States—also shared with New Deal reforms the assumption that the underlying cause of the crisis was misbehavior by securities market participants, exacerbated by lax regulatory oversight.

With Wasting a Crisis, Paul G. Mahoney offers persuasive research to show that this now almost universally accepted narrative of market failure—broadly similar across financial crises—is formulated by political actors hoping to deflect blame from prior policy errors. Drawing on a cache of data, from congressional investigations, litigation, regulatory reports, and filings to stock quotes from the 1920s and ’30s, Mahoney moves beyond the received wisdom about the financial reforms of the New Deal, showing that lax regulation was not a substantial cause of the financial problems of the Great Depression. As new regulations were formed around this narrative of market failure, not only were the majority largely ineffective, they were also often counterproductive, consolidating market share in the hands of leading financial firms. An overview of twenty-first-century securities reforms from the same analytic perspective, including Dodd-Frank and the Sarbanes-Oxley Act of 2002, shows a similar pattern and suggests that they too may offer little benefit to investors and some measurable harm.
[more]

front cover of Water in the Hispanic Southwest
Water in the Hispanic Southwest
A Social and Legal History, 1550-1850
Michael C. Meyer
University of Arizona Press, 1984
When Spanish conquistadores marched north from Mexico's interior, they encountered one harsh reality that eclipsed all others: the importance of water in an arid land. Covering a time when legal precedents were being set for many water rights laws, this study contributes much to an understanding of the modern Southwest, especially disputes involving Indian water rights. The paperback edition includes a new afterword by the author which discusses the results of recent research.
[more]

front cover of Water War in the Klamath Basin
Water War in the Klamath Basin
Macho Law, Combat Biology, and Dirty Politics
Holly Doremus and A. Dan Tarlock
Island Press, 2008
In the drought summer of 2001, a simmering conflict between agricultural and environmental interests in southern Oregon’s Upper Klamath Basin turned into a guerrilla war of protests, vandalism, and apocalyptic rhetoric when the federal Bureau of Reclamation shut down the headgates of the Klamath Project to conserve water needed by endangered species. This was the first time in U.S. history that the headgates of a federal irrigation project were closed—and irrigators denied the use of their state water rights—in favor of conservation. Farmers mounted a brief rebellion to keep the water flowing, but ultimately conceded defeat.
 
In Water War in the Klamath Basin, legal scholars Holly Doremus and A. Dan Tarlock examine the genesis of the crisis and its fallout, offering a comprehensive review of the event, the history leading up to it, and the lessons it holds for anyone seeking to understand conflicts over water use in the arid West. The authors focus primarily on the legal institutions that contributed to the conflict—what they call “the accretion of unintegrated resource management and environmental laws” that make environmental protection so challenging, especially in politically divided regions with a long-standing history of entitlement-based resource allocation.
 
Water War in the Klamath Basin explores common elements fundamental to natural resource conflicts that must be overcome if conflicts are to be resolved. It is a fascinating look at a topic of importance for anyone concerned with the management, use, and conservation of increasingly limited natural resources.
[more]

front cover of Weimar through the Lens of Gender
Weimar through the Lens of Gender
Prostitution Reform, Woman's Emancipation, and German Democracy, 1919-33
Julia Roos
University of Michigan Press, 2010

"This book will make a valuable contribution to the field of German history, as well as the histories of gender and sexuality. The argument that Weimar feminism did bring about tangible gains for women needs to be made, and Roos has done so convincingly."
---Julia Sneeringer, Queens College

Until 1927, Germany had a system of state-regulated prostitution, under which only those prostitutes who submitted to regular health checks and numerous other restrictions on their personal freedom were tolerated by the police. Male clients of prostitutes were not subject to any controls. The decriminalization of prostitution in 1927 resulted from important postwar gains in women's rights; yet this change---while welcomed by feminists, Social Democrats, and liberals—also mobilized powerful conservative resistance. In the early 1930s, the right-wing backlash against liberal gender reforms like the 1927 prostitution law played a fateful role in the downfall of the Weimar Republic and the rise of Nazism.

Weimar through the Lens of Gender combines the political history of early twentieth-century Germany with analytical perspectives derived from the fields of gender studies and the history of sexuality. The book's argument will be of interest to a broad readership: specialists in the fields of gender studies and the history of sexuality, as well as historians and general readers interested in Weimar and Nazi Germany.

Julia Roos is Assistant Professor of History at Indiana University, Bloomington.

Jacket art: "Hamburg, vermutlich St. Pauli, 1920er–30er Jahre," photographer unknown, s/w-Fotografie. (Courtesy of the Museum für Hamburgische Geschichte.)

[more]

logo for Harvard University Press
Welfare Policy for the 1990s
Phoebe H. Cottingham
Harvard University Press, 1989

front cover of The Western Confluence
The Western Confluence
A Guide To Governing Natural Resources
Matthew McKinney and William Harmon; Charles F. Wilkinson ()
Island Press, 2004

For 150 years, the American West has been shaped by persistent conflicts over natural resources. This has given rise to a succession of strategies for resolving disputes-prior appropriation, scientific management, public participation, citizen ballot initiatives, public interest litigation, devolution, and interest-based negotiation. All of these strategies are still in play, yet the West remains mired in gridlock. In fact, these strategies are themselves a source of conflict.


The Western Confluence is designed to help us navigate through the gridlock by reframing natural resource disputes and the strategies for resolving them. In it, authors Matthew McKinney and William Harmon trace the principles of natural resource governance across the history of western settlement and reveal how they have met at the beginning of the twenty-first century to create a turbid, often contentious confluence of laws, regulations, and policies. They also offer practical suggestions for resolving current and future disputes. Ultimately, Matthew McKinney and William Harmon argue, fully integrating the values of interest-based negotiation into the briar patch of existing public decision making strategies is the best way to foster livable communities, vibrant economies, and healthy landscapes in the West.


Relying on the authors' first-hand experience and compelling case studies, The Western Confluence offers useful information and insight for anyone involved with public decision making, as well as for professionals, faculty, and students in natural resource management and environmental studies, conflict management, environmental management, and environmental policy.


[more]

front cover of What Blood Won’t Tell
What Blood Won’t Tell
A History of Race on Trial in America
Ariela J. Gross
Harvard University Press, 2010

Is race something we know when we see it? In 1857, Alexina Morrison, a slave in Louisiana, ran away from her master and surrendered herself to the parish jail for protection. Blue-eyed and blond, Morrison successfully convinced white society that she was one of them. When she sued for her freedom, witnesses assured the jury that she was white, and that they would have known if she had a drop of African blood. Morrison’s court trial—and many others over the last 150 years—involved high stakes: freedom, property, and civil rights. And they all turned on the question of racial identity.

Over the past two centuries, individuals and groups (among them Mexican Americans, Indians, Asian immigrants, and Melungeons) have fought to establish their whiteness in order to lay claim to full citizenship in local courtrooms, administrative and legislative hearings, and the U.S. Supreme Court. Like Morrison’s case, these trials have often turned less on legal definitions of race as percentages of blood or ancestry than on the way people presented themselves to society and demonstrated their moral and civic character.

Unearthing the legal history of racial identity, Ariela Gross’s book examines the paradoxical and often circular relationship of race and the perceived capacity for citizenship in American society. This book reminds us that the imaginary connection between racial identity and fitness for citizenship remains potent today and continues to impede racial justice and equality.

[more]

front cover of What It Means to Be Human
What It Means to Be Human
The Case for the Body in Public Bioethics
O. Carter Snead
Harvard University Press, 2020

A Wall Street Journal Top Ten Book of the Year
A First Things Books for Christmas Selection
Winner of the Expanded Reason Award


“This important work of moral philosophy argues that we are, first and foremost, embodied beings, and that public policy must recognize the limits and gifts that this entails.”
Wall Street Journal

The natural limits of the human body make us vulnerable and dependent on others. Yet law and policy concerning biomedical research and the practice of medicine frequently disregard these stubborn facts. What It Means to Be Human makes the case for a new paradigm, one that better reflects the gifts and challenges of being human.

O. Carter Snead proposes a framework for public bioethics rooted in a vision of human identity and flourishing that supports those who are profoundly vulnerable and dependent—children, the disabled, and the elderly. He addresses three complex public matters: abortion, assisted reproductive technology, and end-of-life decisions. Avoiding typical dichotomies of conservative-liberal and secular-religious, Snead recasts debates within his framework of embodiment and dependence. He concludes that if the law is built on premises that reflect our lived experience, it will provide support for the vulnerable.

“This remarkable and insightful account of contemporary public bioethics and its individualist assumptions is indispensable reading for anyone with bioethical concerns.”
—Alasdair MacIntyre, author of After Virtue

“A brilliantly insightful book about how American law has enshrined individual autonomy as the highest moral good…Highly thought-provoking.”
—Francis Fukuyama, author of Identity

[more]

front cover of What Process is Due?
What Process is Due?
Courts and Science-Policy Disputes
David M. O'Brien
Russell Sage Foundation, 1987
Are judges competent to decide complex scientific disputes over toxic chemicals and hazardous wastes? Have courts gone too far in awarding damages to victims? Does the judiciary unreasonably constrain free market forces and usurp power from democratically elected branches of government? What constitutes judicial "due process" in the regulation of health-safety and environmental risks? David O'Brien addresses these and other key questions in a comprehensive survey of the role of courts in resolving science-policy disputes. He theorizes that such disputes, with their burden of scientific uncertainty and intense value conflict, become judicialized in the United States because they pose an uncomfortable trilemma for policy makers: how to accommodate competing demands for scientific certainty, political compromise, and procedural fairness in the regulation of risks. When policy negotiations break down, courts are called on not to settle scientific controversies per se, but in their traditional role as independent tribunals for settling value conflicts and imposing norms in a pluralistic society. This interpretation is enhanced by a unique set of case studies, including DES and asbestos litigation and the ban on Tris (a carcinogenic flame-retardent). O'Brien's analytical framework and his detailed examples illuminate the extent, the implications, and the underlying causes of the judicialization of risk regulation.
[more]

front cover of When Protest Becomes Crime
When Protest Becomes Crime
Politics and Law in Liberal Democracies
Carolijn Terwindt
Pluto Press, 2019
How does protest become criminalised? Applying an anthropological perspective to political and legal conflicts, Carolijn Terwindt urges us to critically question the underlying interests and logic of prosecuting protesters. The book draws upon ethnographic research in Chile, Spain, and the United States to trace prosecutorial narratives in three protracted contentious episodes in liberal democracies. Terwindt examines the conflict between Chilean landowners and the indigenous Mapuche people, the Spanish state and the Basque independence movement, and the United States' criminalisation of 'eco-terrorists.' Exploring how patterns and mechanisms of prosecutorial narrative emerge through distinct political, social and democratic contexts, Terwindt shines a light on how prosecutorial narratives in each episode changed significantly over time. Challenging the law and justice system and warning against relying on criminal law to deal with socio-political conflicts, Terwindt's observations have implications for a wide range of actors and constituencies, including social movement activists, scholars, and prosecutors.
[more]

front cover of When Public Sector Workers Unionize
When Public Sector Workers Unionize
Edited by Richard B. Freeman and Casey Ichniowski
University of Chicago Press, 1988
In the 1980s, public sector unionism has become the most vibrant component of the American labor movement. What does this new "look" of organized labor mean for the economy? Do labor-management relations in the public sector mirror patterns in the private, or do they introduce a novel paradigm onto the labor scene? What can the private sector learn from the success of collective bargaining in the public?

Contributors to When Public Sector Workers Unionize—which was developed from the NBER's program on labor studies—examine these and other questions using newly collected data on public sector labor laws, labor relations practices of state and local governments, and labor market outcomes. Topics considered include the role, effect, and evolution of public sector labor law and the effects that public sector bargaining has on both wage and nonwage issues.

Several themes emerge from the studies in this volume. Most important, public sector labor law has a strong and pervasive effect on bargaining and on wage and employment outcomes in public sector labor markets. Also, public sector unionism affects the economy in ways that are different from, and in many cases opposite to, the ways private sector unionism does, appearing to stimulate rather than reduce employment, reducing rather than increasing layoff rates, and developing innovate ways to settle labor disputes such as compulsory interest arbitration instead of strikes and lockouts found in the private sector.
[more]

logo for University of Chicago Press
When Rules Change
The Economics of Retroactivity
Daniel Shaviro
University of Chicago Press, 2000
Suppose Congress were to change Social Security just before you retired? Or repeal income tax deductions for homeowners? Or institute a flat tax? Should those changes be retroactive? Or should you retain the gains or accept the losses resulting from the new enactments? What kinds of policies might governments adopt in order to mitigate the transitional effects of changing legal rules?

Daniel Shaviro tackles these tough questions, bringing legal, economic, and political perspectives to bear on a persistent problem not often given serious attention. When Rules Change: An Economic and Political Analysis of Transition Relief and Retroactivity focuses on tax law changes to develop an in-depth understanding of the transitional issues inherent in any substantive rule change and also to advance a set of normative policy guidelines applicable to any such circumstance. Shaviro reframes traditional approaches to the problem of retroactivity and offers new insights into both the theory and policy of legislative transitions.
[more]

front cover of When Sex Threatened the State
When Sex Threatened the State
Illicit Sexuality, Nationalism, and Politics in Colonial Nigeria, 1900-1958
Saheed Aderinto
University of Illinois Press, 2015
Breaking new ground in the understanding of sexuality's complex relationship to colonialism, When Sex Threatened the State illuminates the attempts at regulating prostitution in colonial Nigeria.
 
As Saheed Aderinto shows, British colonizers saw prostitution as an African form of sexual primitivity and a problem to be solved as part of imperialism's "civilizing mission". He details the Nigerian response to imported sexuality laws and the contradictory ways both African and British reformers advocated for prohibition or regulation of prostitution. Tracing the tensions within diverse groups of colonizers and the colonized, he reveals how wrangling over prostitution camouflaged the negotiating of separate issues that threatened the social, political, and sexual ideologies of Africans and Europeans alike.
 
The first book-length project on sexuality in early twentieth century Nigeria, When Sex Threatened the State combines the study of a colonial demimonde with an urban history of Lagos and a look at government policy to reappraise the history of Nigerian public life.
[more]

front cover of Whispered Consolations
Whispered Consolations
Law and Narrative in African American Life
Jon-Christian Suggs
University of Michigan Press, 2000
African Americans have experienced life under the rule of law in quite different contexts from those of whites, and they have written about those differences in poems, songs, stories, autobiographies, novels, and memoirs. This book examines the tradition of American law as it appears in African American literary life, from pre-Revolutionary murder trials to gangsta rap. The experience, and the critique it produces, changes our pictures of both American law and African American literature.
This study reads the already canonical works of nineteenth- and twentieth-century black literature in the context of their responses to and critiques of American legal history. At the same time, it examines little known texts of African American life, from the urban humor of James D. Corrothers, through the early political essays of Chester Himes, to the adventures of black comic book heroes like Steel, Wise Son, and Xero. These are contextualized within specific legislation and case law, from the slave laws of early Virginia to the Civil Rights Act of 1964, from the case of Phillis and Mark in 1755 to the Simpson trials of the mid 1990s.
Finally, the legal texts presented are themselves critiqued by the fictions and legal analyses of the African Americans who lived out their implications in their daily lives. Through a positing of the legal and cultural concepts of privacy, property, identity, desire and citizenship, and the romantic ideals of authenticity, irony, and innocence, Suggs is able to show how our understanding of American law should be influenced by African American conceptions of it as depicted through literature.
This book will appeal to students and scholars of literary and cultural studies, law and literature, American history, as well as to scholars of African American literature and culture.
Jon-Christian Suggs is Professor of English, John Jay College, City University of New York.
[more]

front cover of Who Freed the Slaves?
Who Freed the Slaves?
The Fight over the Thirteenth Amendment
Leonard L. Richards
University of Chicago Press, 2015
In the popular imagination, slavery in the United States ended with Abraham Lincoln’s Emancipation Proclamation. The Proclamation may have been limited—freeing only slaves within Confederate states who were able to make their way to Union lines—but it is nonetheless generally seen as the key moment, with Lincoln’s leadership setting into motion a train of inevitable events that culminated in the passage of an outright ban: the Thirteenth Amendment.
 
The real story, however, is much more complicated—and dramatic—than that. With Who Freed the Slaves?, distinguished historian Leonard L. Richards tells the little-known story of the battle over the Thirteenth Amendment, and of James Ashley, the unsung Ohio congressman who proposed the amendment and steered it to passage. Taking readers to the floor of Congress and the back rooms where deals were made, Richards brings to life the messy process of legislation—a process made all the more complicated by the bloody war and the deep-rooted fear of black emancipation. We watch as Ashley proposes, fine-tunes, and pushes the amendment even as Lincoln drags his feet, only coming aboard and providing crucial support at the last minute. Even as emancipation became the law of the land, Richards shows, its opponents were already regrouping, beginning what would become a decades-long—and largely successful—fight to limit the amendment’s impact.
 
Who Freed the Slaves? is a masterwork of American history, presenting a surprising, nuanced portrayal of a crucial moment for the nation, one whose effects are still being felt today.
[more]

front cover of Who Owns the Sky?
Who Owns the Sky?
The Struggle to Control Airspace from the Wright Brothers On
Stuart Banner
Harvard University Press, 2008

In the summer of 1900, a zeppelin stayed aloft for a full eighteen minutes above Lake Constance and mankind found itself at the edge of a new world. Where many saw hope and the dawn of another era, one man saw a legal conundrum. Charles C. Moore, an obscure New York lawyer, began an inquiry that Stuart Banner returns to over a century later: in the age of airplanes, who can lay claim to the heavens?

The debate that ensued in the early twentieth century among lawyers, aviators, and the general public acknowledged the crucial challenge new technologies posed to traditional concepts of property. It hinged on the resolution of a host of broader legal issues being vigorously debated that pertained to the fine line between private and public property. To what extent did the Constitution allow the property rights of the nation’s landowners to be abridged? Where did the common law of property originate and how applicable was it to new technologies? Where in the skies could the boundaries between the power of the federal government and the authority of the states be traced?

Who Owns the Sky is the first book to tell this forgotten story of elusive property. A collection of curious tales questioning the ownership of airspace and a reconstruction of a truly novel moment in the history of American law, Banner’s book reminds us of the powerful and reciprocal relationship between technological innovation and the law—in the past as well as in the present.

[more]

front cover of The Whole Truth?
The Whole Truth?
A Case of Murder on the Appalachian Trail
H. Pohlman
University of Massachusetts Press, 1999
On May 13, 1988, Stephen Roy Carr, a so-called mountain man living in Michaux State Forest in south central Pennsylvania, shot two female hikers while they were making love at a campsite near the Appalachian Trail. Rebecca Wight died at the scene. Claudia Brenner, despite five bullet wounds, survived to testify against her attacker.
In this book, H. L. Pohlman reconstructs the dramatic story of this murder case and traces its disposition through the criminal justice system. Drawing on interviews with participants as well as court records, he closely examines competing interpretations of the evidence. Was the attack a hate crime? A sex crime? A class crime? At the same time, he shows how a broad range of substantive and procedural issues—from the rights of the accused to evaluation of potential mitigating circumstances—can influence the assessment of culpability in homicide cases.
[more]

front cover of Wildlife as Property Owners
Wildlife as Property Owners
A New Conception of Animal Rights
Karen Bradshaw
University of Chicago Press, 2020
Humankind coexists with every other living thing. People drink the same water, breathe the same air, and share the same land as other animals. Yet, property law reflects a general assumption that only people can own land. The effects of this presumption are disastrous for wildlife and humans alike. The alarm bells ringing about biodiversity loss are growing louder, and the possibility of mass extinction is real. Anthropocentric property is a key driver of biodiversity loss, a silent killer of species worldwide. But as law and sustainability scholar Karen Bradshaw shows, if excluding animals from a legal right to own land is causing their destruction, extending the legal right to own property to wildlife may prove its salvation. Wildlife as Property Owners advocates for folding animals into our existing system of property law, giving them the opportunity to own land just as humans do—to the betterment of all.
[more]

front cover of Wildlife Law
Wildlife Law
A Primer
Eric T. Freyfogle and Dale D. Goble
Island Press, 2008
Wildlife Law is a comprehensive and readable primer that provides an overview of U.S. wildlife law for a broad audience, including professionals who work with wildlife or who manage wildlife habitat, students across the spectrum of natural resource courses, landowners, developers, hunters, guides, and those associated with the field of private game ranching.
 
Authors Eric T. Freyfogle and Dale D. Goble are legal scholars who are experts in wildlife law. This book is the first ever to survey the entire field, covering state and federal law with a strong grounding in wildlife science. The writing style is lively and engaging, with descriptions of unusual and intriguing cases that illustrate key points and bring to life the importance and intricacies of the field.
 
The book includes thirteen chapters on topics such as
 
• what wildlife law is, what it covers, and what it seeks to achieve;
• constitutional issues and key federal statutes;
• wildlife liability issues, from spider bites to escaped zoo animals;
• state game laws, hunting and fishing rights of Indian tribes;
• and the Endangered Species Act.
 
Wildlife Law fills a long-standing gap in the literature and introduces readers to the basics of wildlife law while exploring such current controversies as endangered species protection, tribal fishing rights, game ranches, and the challenges of constructing wildlife corridors. It is a much-needed addition to the bookshelf of everyone working with or concerned about wildlife in the United States.
[more]

front cover of Wildlife Law, Second Edition
Wildlife Law, Second Edition
A Primer
Eric T. Freyfogle, Dale D. Goble, and Todd A. Wildermuth
Island Press, 2019
Wildlife is an important and cherished element of our natural heritage in the United States. But state and federal laws governing the ways we interact with wildlife can be complex to interpret and apply. Ten years ago, Wildlife Law: A Primer was the first book to lucidly explain wildlife law for readers with little or no legal training who needed to understand its intricacies. Today, navigating this legal terrain is trickier than ever as habitat for wildlife shrinks, technology gives us new ways to seek out wildlife, and unwanted human-wildlife interactions occur more frequently, sometimes with alarming and tragic outcomes.

This revised and expanded second edition retains key sections from the first edition, describing basic legal concepts while offering important updates that address recent legal topics. New chapters cover timely issues such as private wildlife reserves and game ranches, and the increased prominence of nuisance species as well as an expanded discussion of the Endangered Species Act, now more than 40 years old. Chapter sidebars showcase pertinent legal cases illustrating real-world application of the legal concepts covered in the main text.

Accessibly written, this is an essential, groundbreaking reference for professors and students in natural resource and wildlife programs, land owners, and wildlife professionals.
 
[more]

front cover of Winning Marriage
Winning Marriage
The Inside Story of How Same-Sex Couples Took on the Politicians and Pundits—and Won
Marc Solomon
University Press of New England, 2015
In this updated, paperback edition of Winning Marriage, Marc Solomon, a veteran leader in the movement for marriage equality, gives the reader a seat at the strategy-setting and decision-making table in the campaign to win and protect the freedom to marry. With depth and grace he reveals the inner workings of the advocacy movement that has championed and protected advances won in legislative, court, and electoral battles over the years since the landmark Massachusetts ruling guaranteeing marriage for same-sex couples for the first time. The paperback edition includes a new afterword on the historic 2015 Supreme Court ruling on marriage that includes practical lessons from the marriage campaign that are applicable to other social movements. From the gritty clashes in the state legislatures of Massachusetts and New York to the devastating loss at the ballot box in California in 2008 and subsequent ballot wins in 2012 to the joys of securing President Obama’s support and achieving ultimate victory in the Supreme Court, Marc Solomon has been at the center of one of the great civil and human rights movements of our time. Winning Marriage recounts the struggle with some of the world’s most powerful forces—the Catholic hierarchy, the religious right, and cynical ultraconservative political operatives—and the movement’s eventual triumph.
[more]

front cover of With All Deliberate Speed
With All Deliberate Speed
Implementing Brown v. Board of Education
Brian J. Daugherity
University of Arkansas Press, 2008
This is the first effort to provide a broad assessment of how well the Brown v. Board of Education decision that declared an end to segregated schools in the United States was implemented. Written by a distinguished group of historians, the twelve essays in this collection examine how African Americans and their supporters in twelve states—Arkansas, North Carolina, Virginia, South Carolina, Georgia, Mississippi, Florida, Delaware, Missouri, Indiana, Nevada, and Wisconsin—dealt with the Court’s mandate to desegregate “with all deliberate speed.” The process followed many diverse paths.
 
Some of the common themes in these efforts were the importance of black activism, especially the crucial role played by the NAACP; entrenched white opposition to school integration, which wasn’t just a southern state issue, as is shown in Delaware, Wisconsin, and Indiana; and the role of the federal government, a sometimes inconstant and sometimes reluctant source of support for implementing Brown.
[more]

front cover of Wives Not Slaves
Wives Not Slaves
Patriarchy and Modernity in the Age of Revolutions
Kirsten Sword
University of Chicago Press, 2021
Wives not Slaves begins with the story of John and Eunice Davis, a colonial American couple who, in 1762, advertised their marital difficulties in the New Hampshire Gazette—a more common practice for the time and place than contemporary readers might think. John Davis began the exchange after Eunice left him, with a notice resembling the ads about runaway slaves and servants that were a common feature of eighteenth-century newspapers. John warned neighbors against “entertaining her or harbouring her. . . or giving her credit.” Eunice defiantly replied, “If I am your wife, I am not your slave.” With this pointed but problematic analogy, Eunice connected her individual challenge to her husband’s authority with the broader critiques of patriarchal power found in the politics, religion, and literature of the British Atlantic world.

Kirsten Sword’s richly researched history reconstructs the stories of wives who fled their husbands between the mid-seventeenth and early nineteenth centuries, comparing their plight with that of other runaway dependents.  Wives not Slaves explores the links between local justice, the emerging press, and transatlantic political debates about marriage, slavery and imperial power. Sword traces the relationship between the distress of ordinary households, domestic unrest, and political unrest, shedding new light on the social changes imagined by eighteenth-century revolutionaries, and on the politics that determined which patriarchal forms and customs the new American nation would—and would not—abolish.
[more]

logo for University of London Press
Women and the Law
Susan Atkins and Brenda Hoggett
University of London Press, 2018
Women and the Law is a pioneering study of the way in which the law has treated women – at work, in the family, in matters of sexuality and fertility, and in public life. It was first published in 1984 by Susan Atkins and Brenda Hoggett, then University teachers. The authors examine the origins of British law’s attitude to women, trace the development of the law and ways in which it reflects the influence of economic, social and political forces and the dominance of men. They illustrate the tendency, despite formal equality, for deep-rooted problems of encoded gender inequality to remain. Since 1984 the authors have achieved distinguished careers in law and public service. This 2018 Open Access edition provides a timely opportunity to revisit their ground-breaking analysis and reflect on how much has changed, and how much has stayed the same. 
[more]

front cover of Women and Workplace Discrimination
Women and Workplace Discrimination
Overcoming Barriers to Gender Equality
Gregory, Raymond F
Rutgers University Press, 2002

Attorney Raymond F. Gregory addresses the millions of women who think they might be facing sexual discrimination and explains federal measures enacted to assist workers in contesting unlawful employer conduct. He presents actual court cases to demonstrate the ways that women have challenged their employers. The cases illustrate legal principles in real-life experiences. Many of the cases relate compelling stories of workers caught up in a web of employer discriminatory conduct. Gregory has eliminated legal jargon, ensuring that all concepts are clear to his readers. Individuals will turn to this book again and again to obtain authoritative background on this important topic.

Topics covered include:

  • The increasing incidence of sexual harassment in the workplace
  • Common forms of sex discrimination
  • Discrimination against older women
  • Discrimination against women of color
  • Discrimination against women in the professions
  • Discrimination against pregnant women
  • Discrimination against women with children
  • Sex discrimination in hiring, promotion, termination
  • Employer liability for workplace sexual harassment
  • Employer retaliation against workers
  • Proving sex discrimination in the courtroom
  • Compensatory and punitive damages
  • Back pay, front pay, and other remedies
[more]

front cover of Women and Workplace Discrimination
Women and Workplace Discrimination
Overcoming Barriers to Gender Equality
Gregory, Raymond F
Rutgers University Press, 2002

Attorney Raymond F. Gregory addresses the millions of women who think they might be facing sexual discrimination and explains federal measures enacted to assist workers in contesting unlawful employer conduct. He presents actual court cases to demonstrate the ways that women have challenged their employers. The cases illustrate legal principles in real-life experiences. Many of the cases relate compelling stories of workers caught up in a web of employer discriminatory conduct. Gregory has eliminated legal jargon, ensuring that all concepts are clear to his readers. Individuals will turn to this book again and again to obtain authoritative background on this important topic.

Topics covered include:

  • The increasing incidence of sexual harassment in the workplace
  • Common forms of sex discrimination
  • Discrimination against older women
  • Discrimination against women of color
  • Discrimination against women in the professions
  • Discrimination against pregnant women
  • Discrimination against women with children
  • Sex discrimination in hiring, promotion, termination
  • Employer liability for workplace sexual harassment
  • Employer retaliation against workers
  • Proving sex discrimination in the courtroom
  • Compensatory and punitive damages
  • Back pay, front pay, and other remedies
[more]

front cover of The Women's Joint Congressional Committee and the Politics of Maternalism, 1920-30
The Women's Joint Congressional Committee and the Politics of Maternalism, 1920-30
Jan Doolittle Wilson
University of Illinois Press, 2006
The rise and fall of a feminist reform powerhouse

Jan Doolittle Wilson offers the first comprehensive history of the umbrella organization founded by former suffrage leaders in order to coordinate activities around women's reform. Encompassing nearly every major national women's organization of its time, the Women's Joint Congressional Committee (WJCC) evolved into a powerful lobbying force for the legislative agendas of more than twelve million women. Critics and supporters alike came to recognize it as "the most powerful lobby in Washington." 

Examining the WJCC's most consequential and contentious campaigns, Wilson traces how the group's strategies, rhetoric, and success generated congressional and grassroots support for their far-reaching, progressive reforms. But the committee's early achievements sparked a reaction by big business that challenged and ultimately limited the programs these women envisioned. Using the WJCC as a lens, Wilson analyzes women's political culture during the 1920s. She also sheds new light on the initially successful ways women lobbied for social legislation, the limitations of that process for pursuing class-based reforms, and the enormous difficulties the women soon faced in trying to expand public responsibility for social welfare.

A volume in the series Women in American History, edited by Anne Firor Scott, Susan Armitage, Susan K. Cahn, and Deborah Gray White

[more]

front cover of Workers against the City
Workers against the City
The Fight for Free Speech in Hague v. CIO
Donald W. Rogers
University of Illinois Press, 2020
The 1939 Supreme Court decision Hague v. CIO was a constitutional milestone that strengthened the right of Americans, including labor organizers, to assemble and speak in public places. Donald W. Rogers eschews the prevailing view of the case as a morality play pitting Jersey City, New Jersey, political boss Frank Hague against the Committee for Industrial Organization (CIO) and allied civil libertarian groups. Instead, he draws on a wide range of archives and evidence to re-evaluate Hague v. CIO from the ground up. Rogers's review of the case from district court to the Supreme Court illuminates the trial proceedings and provides perspectives from both sides. As he shows, the economic, political, and legal restructuring of the 1930s refined constitutional rights as much as the court case did. The final decision also revealed that assembly and speech rights change according to how judges and lawmakers act within the circumstances of a given moment.
 
Clear-eyed and comprehensive, Workers against the City revises the view of a milestone case that continues to impact Americans' constitutional rights today.
[more]

logo for Rutgers University Press
Workfare or Fair Work
Women, Welfare, and Government Work Programs
Rose, Nancy
Rutgers University Press, 1995

Can the welfare system  in the United States accord people dignity? That question is often left out of the current debates over welfare and workfare. In this provocative book, Nancy Rose argues that the United States has been successful in the past––notably during the New Deal and in the 1970s––at shaping programs that gave people “fair work.”           
However, as Rose documents, those innovative job creation programs were voluntary and were mainly directed at putting men back to work. Women on welfare, and especially women of color,  continue to be forced into a very different kind of program: mandatory, punitive, and demeaning. Such workfare programs are set up for failure. They rarely train women for jobs with futures, they ignore the needs of the women’s families, and they do not pay an honest wage. They perpetuate poverty rather than prevent it.           

Rose uses the history of U.S. job creation programs to show alternatives to mandatory workfare. Any effort to redesign welfare in America needs to pay close attention to the lessons drawn from this perceptive analysis of the history of women, welfare, and work. This is an indispensable book for students, scholars, policymakers, politicians, and activists––for everyone who knows the system is broken and wants to fix it.

 

[more]

front cover of Working Law
Working Law
Courts, Corporations, and Symbolic Civil Rights
Lauren B. Edelman
University of Chicago Press, 2016
Since the passage of the Civil Rights Act, virtually all companies have antidiscrimination policies in place. Although these policies represent some progress, women and minorities remain underrepresented within the workplace as a whole and even more so when you look at high-level positions. They also tend to be less well paid. How is it that discrimination remains so prevalent in the American workplace despite the widespread adoption of policies designed to prevent it?

One reason for the limited success of antidiscrimination policies, argues Lauren B. Edelman, is that the law regulating companies is broad and ambiguous, and managers therefore play a critical role in shaping what it means in daily practice. Often, what results are policies and procedures that are largely symbolic and fail to dispel long-standing patterns of discrimination. Even more troubling, these meanings of the law that evolve within companies tend to eventually make their way back into the legal domain, inconspicuously influencing lawyers for both plaintiffs and defendants and even judges. When courts look to the presence of antidiscrimination policies and personnel manuals to infer fair practices and to the presence of diversity training programs without examining whether these policies are effective in combating discrimination and achieving racial and gender diversity, they wind up condoning practices that deviate considerably from the legal ideals.
 
[more]

front cover of The Wrecking of La Salle's Ship Aimable and the Trial of Claude Aigron
The Wrecking of La Salle's Ship Aimable and the Trial of Claude Aigron
By Robert S. Weddle
University of Texas Press, 2009

When Robert Cavelier, sieur de La Salle, landed on the Texas coast in 1685, bent on founding a French colony, his enterprise was doomed to failure. Not only was he hundreds of miles from his intended landfall—the mouth of the Mississippi—but his supply ship, Aimable, was wrecked at the mouth of Matagorda Bay, leaving the colonists with scant provisions and little protection against local Indian tribes. In anger and disgust, he struck out at the ship's captain, Claude Aigron, accusing him of wrecking the vessel purposely and maliciously.

Captain Aigron and his crew escaped the doomed colony by returning to France on the warship that had escorted the expedition on its ocean crossing. Soon after reaching France, Aigron found himself defendant in a civil suit filed by two of his officers seeking recompense for lost salary and personal effects, and then imprisoned on order of King Louis XIV while La Salle's more serious accusations were being investigated.

In this book, Robert Weddle meticulously recounts, through court documents, the known history of Aigron and the Aimable, and finds that despite La Salle's fervent accusations, the facts of the case offer no clear indictment. The court documents, deftly translated by François Lagarde, reveal Captain Aigron's successful defense and illuminate the circumstances of the wreck with Aigron's testimony. Much is also revealed about the French legal system and how the sea laws of the period were applied through the French government's L'Ordonnance de la Marine.

[more]

front cover of Wrestling with Diversity
Wrestling with Diversity
Sanford Levinson
Duke University Press, 2003
“Diversity” has become a mantra within discussions of university admissions policies and many other arenas of American society. In the essays collected here, Sanford Levinson, a leading scholar of constitutional law and American government, wrestles with various notions of diversity. He begins by explaining why he finds the concept to be almost useless as a genuine guide to public policy. Discussing affirmative action in university admissions, including the now famous University of Michigan Law School case, he argues both that there may be good reasons to use preferences—including race and ethnicity—and that these reasons have relatively little to do with any cogently developed theory of diversity. Distinguished by Levinson’s characteristic open-mindedness and willingness to tease out the full implications of various claims, each of these nine essays, written over the past decade, develops a case study focusing on a particular aspect of public life in a richly diverse, and sometimes bitterly divided, society.

Although most discussions of diversity have focused on race and ethnicity, Levinson is particularly interested in religious diversity and its implications. Why, he asks, do arguments for racial and ethnic diversity not also counsel a concern to achieve religious diversity within a student body? He considers the propriety of judges drawing on their religious views in making legal decisions and the kinds of questions Senators should feel free to ask nominees to the federal judiciary who have proclaimed the importance of their religion in structuring their own lives. In exploring the sense in which Sandy Koufax can be said to be a “Jewish baseball player,” he engages in broad reflections on professional identity. He asks whether it is desirable, or even possible, to subordinate merely "personal" aspects of one’s identity—religion, political viewpoints, gender—to the impersonal demands of the professional role. Wrestling with Diversity is a powerful interrogation of the assumptions and contradictions underlying public life in a multicultural world.

[more]


Send via email Share on Facebook Share on Twitter