Patricia Williams is a lawyer and a professor of commercial law, the great-great-granddaughter of a slave and a white southern lawyer. The Alchemy of Race and Rights is an eloquent autobiographical essay in which the author reflects on the intersection of race, gender, and class. Using the tools of critical literary and legal theory, she sets out her views of contemporary popular culture and current events, from Howard Beach to homelessness, from Tawana Brawley to the law-school classroom, from civil rights to Oprah Winfrey, from Bernhard Goetz to Mary Beth Whitehead. She also traces the workings of “ordinary racism”—everyday occurrences, casual, unintended, banal perhaps, but mortifying. Taking up the metaphor of alchemy, Williams casts the law as a mythological text in which the powers of commerce and the Constitution, wealth and poverty, sanity and insanity, wage war across complex and overlapping boundaries of discourse. In deliberately transgressing such boundaries, she pursues a path toward racial justice that is, ultimately, transformative.
Williams gets to the roots of racism not by finger-pointing but by much gentler methods. Her book is full of anecdote and witness, vivid characters known and observed, trenchant analysis of the law’s shortcomings. Only by such an inquiry and such patient phenomenology can we understand racism. The book is deeply moving and not so, finally, just because racism is wrong—we all know that. What we don’t know is how to unthink the process that allows racism to persist. This Williams enables us to see. The result is a testament of considerable beauty, a triumph of moral tactfulness. The result, as the title suggests, is magic.
Like many of his generation, James M. Landis was motivated by a passion for public service. From the New Deal to the New Frontier, he devoted his life to shaping the many federal regulatory commissions and to making capitalism “live up to its pretensions.” Attacked by conservatives and liberals alike, he became the most important and most controversial figure in the history of the regulatory process. Donald A. Ritchie offers a superbly documented study of the man that analyzes the contributions of Landis's public career and the personal weaknesses that eventually undermined it, leading to his disbarment and disgrace.
Landis's story is really that of two men. One was a founder and New Deal Chairman of the Securities and Exchange Commission, a major writer and enforcer of regulatory legislation, youngest Dean of the Harvard Law School, and economic troubleshooter for Presidents Roosevelt, Truman, and Kennedy. The other was a private man unsure of his success and incapable of handling his own problems. His repeated failure to file his federal income tax returns, astonishing for a lawyer, was the most obvious—and most destructive—symptom of Landis's tumultuous inner confusion.
Ritchie's exhaustive research into Landis' papers—at Harvard University, the Library of Congress, and the Roosevelt, Truman, and Kennedy libraries—and interviews with Landis's family, associates, and psychiatrist help to unravel the mystery of this problematical man. The result is an outstanding biography of a major force behind business and government policy in the twentieth century.
Honorable Mention, 2017 Scribes Book Award, The American Society of Legal Writers
At the dawn of the twentieth century, the United States was reeling from the effects of rapid urbanization and industrialization. Time-honored verities proved obsolete, and intellectuals in all fields sought ways to make sense of an increasingly unfamiliar reality. The legal system in particular began to buckle under the weight of its anachronism. In the midst of this crisis, John Henry Wigmore, dean of Northwestern University School of Law, single-handedly modernized the jury trial with his 1904–1905 Treatise on evidence, an encyclopedic work that dominated the conduct of trials. In so doing, he inspired generations of progressive jurists—among them Oliver Wendell Holmes, Jr., Benjamin Cardozo, and Felix Frankfurter—to reshape American law to meet the demands of a new era. Yet Wigmore’s role as a prophet of modernity has slipped into obscurity. This book provides a radical reappraisal of his place in the birth of modern legal thought.
Law is a moving system of rules that changes according to a nation’s political and socioeconomic development. To understand the law of the People’s Republic of China today, it is imperative to learn the history and philosophy of the law when it was first shaped. This is a comprehensive introduction to Chinese legal scholarship and the prominent scholars who developed it during the initial decades of the PRC, when the old Chinese legal system was abolished by the newly established Communist government. With responsibilities for full-scale recovery and reconstruction, while cultivating entirely new disciplines and branches of legal studies, the thirty-three leading legal scholars featured herein became the creators, pioneers, and teachers of the new Communist legal system. Through their scholarship, we can see where the field of Chinese legal studies came from, and where it is going.
Nongji Zhang reveals the stories of the most prominent PRC legal scholars, including their backgrounds, scholarly contributions, and important works. This essential tool and resource for the study of Chinese law will be of great use to faculty, students, scholars, librarians, and anyone interested in the field.
Pillars of Justice explores the purpose and possibilities of life in the law through moving accounts of thirteen lawyers who shaped the legal world during the past half century.
Some, such as Thurgood Marshall, were Supreme Court Justices. Others, like John Doar and Burke Marshall, set the civil rights policies of the federal government during the 1960s. Some, including Harry Kalven and Catharine MacKinnon, have taught at the greatest law schools of the nation and nourished the liberalism rooted in the civil rights era. Jurists from abroad—Aharon Barak, for example—were responsible for the rise of the human rights movement that today carries the burden of advancing liberal values. These lawyers came from diverse backgrounds and held various political views. What unites them is a deep, abiding commitment to Brown v. Board of Education as an exceptional moment in the life of the law—a willingness to move mountains, if need be, to ensure that we are living up to our best selves. In tracing how these lawyers over a period of fifty years used the Brown ruling and its spirit as a beacon to guide their endeavors, this history tells the epic story of the liberal tradition in the law.
For Owen Fiss, one of the country’s leading constitutional theorists, the people described were mentors, colleagues, friends. In his portraits, Fiss tries to identify the unique qualities of mind and character that made these individuals so important to the institutions and legal principles they served.
What makes a great law professor? The first study of its kind, What the Best Law Teachers Do identifies the methods, strategies, and personal traits of professors whose students achieve exceptional learning. This pioneering book will be of interest to any instructor seeking concrete, proven techniques for helping students succeed.
What the Best Law Teachers Do introduces readers to twenty-six professors from law schools across the United States. These instructors are renowned for their exacting standards: they set expectations high, while also making course requirements--and their belief that their students can meet them--clear from the outset. They demonstrate professional behavior and tell students to approach class as they would their future professional life: by being as prepared, polished, and gracious as possible. And they prepare themselves for class in depth, even when they have taught the course for years.
The best law professors understand that the little things matter. They start class on time and stay afterward to answer questions. They learn their students' names and respond promptly to emails. These instructors are all tough--but they are also committed, creative, and compassionate mentors. With its close-to-the-ground accounts of exceptional educators in action, What the Best Law Teachers Do offers insights into effective pedagogy that transcend the boundaries of legal education.
In 1952 Senator Joseph McCarthy included Zechariah Chafee’s name on a list of seven persons he called “dangerous to America.” How could this happen to a man whose life was filled with the quiet grace of achievement as a scholar of the law? In the first biography of this distinguished American, Donald Smith portrays Chafee as temperamentally conservative, only accidentally a defender of radicals and a civil rights advocate.
Chafee is most remembered for his contributions to First Amendment scholarship, including the classic Freedom of Speech, published in 1920 [and revised and republished in 1941 as Free Speech in the United States]. He publicly criticized the Justice Department prosecutions under the Espionage and Sedition Acts; appeared in court on behalf of Communists fighting deportation; and was president of a commission for the abolition of the death penalty. He served as vice chairman of the Commission on Freedom of the Press (the Hutchins Commission) and continued his public service when appointed to the United Nations Subcommission on Freedom of Information and of the Press.
Yet Chafee, who put his Harvard professorship in jeopardy more than once, never chose to be or perceived himself to be a controversial public figure. Preeminently a man of ideas, he spent most of his life teaching—at times applying both mathematical formulations and Greek philosophical theories to questions of law. This perceptive intellectual biography brings to life the story of a scholar caught up in the dramatic political events of his time.
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