More than half a century after the Universal Declaration of Human Rights defined what a human being is and is entitled to, Catharine MacKinnon asks: Are women human yet? If women were regarded as human, would they be sold into sexual slavery worldwide; veiled, silenced, and imprisoned in homes; bred, and worked as menials for little or no pay; stoned for sex outside marriage or burned within it; mutilated genitally, impoverished economically, and mired in illiteracy--all as a matter of course and without effective recourse?

The cutting edge is where law and culture hurts, which is where MacKinnon operates in these essays on the transnational status and treatment of women. Taking her gendered critique of the state to the international plane, ranging widely intellectually and concretely, she exposes the consequences and significance of the systematic maltreatment of women and its systemic condonation. And she points toward fresh ways--social, legal, and political--of targeting its toxic orthodoxies.

MacKinnon takes us inside the workings of nation-states, where the oppression of women defines community life and distributes power in society and government. She takes us to Bosnia-Herzogovina for a harrowing look at how the wholesale rape and murder of women and girls there was an act of genocide, not a side effect of war. She takes us into the heart of the international law of conflict to ask--and reveal--why the international community can rally against terrorists' violence, but not against violence against women. A critique of the transnational status quo that also envisions the transforming possibilities of human rights, this bracing book makes us look as never before at an ongoing war too long undeclared.

Over sixty percent of all infectious human diseases, including tuberculosis, influenza, cholera, and hundreds more, are shared with other vertebrate animals. Arresting Contagion tells the story of how early efforts to combat livestock infections turned the United States from a disease-prone nation into a world leader in controlling communicable diseases. Alan Olmstead and Paul Rhode show that many innovations devised in the fight against animal diseases, ranging from border control and food inspection to drug regulations and the creation of federal research labs, provided the foundation for modern food safety programs and remain at the heart of U.S. public health policy.

America’s first concerted effort to control livestock diseases dates to the founding of the Bureau of Animal Industry (BAI) in 1884. Because the BAI represented a milestone in federal regulation of commerce and industry, the agency encountered major jurisdictional and constitutional obstacles. Nevertheless, it proved effective in halting the spread of diseases, counting among its early breakthroughs the discovery of Salmonella and advances in the understanding of vector-borne diseases.

By the 1940s, government policies had eliminated several major animal diseases, saving hundreds of thousands of lives and establishing a model for eradication that would be used around the world. Although scientific advances played a key role, government interventions did as well. Today, a dominant economic ideology frowns on government regulation of the economy, but the authors argue that in this case it was an essential force for good.

International environmental law is often closer to home than we know, affecting the food we eat, the products we buy, and even the air we breathe. Drawing on more than two decades of experience as a government negotiator, consultant, and academic, Daniel Bodansky brings a real-world perspective on the processes by which international environmental law develops, and influences the behavior of state and non-state actors.

In self-contained chapters that offer a clear guide to a complex field, Bodansky answers fundamental questions about how international environmental law works. What role can law play in addressing global environmental challenges such as climate change, ozone depletion, and loss of biodiversity? How do environmental problems come onto the international agenda? What are the obstacles to international cooperation, and what can international environmental law do to address them? How do international rules develop? How are they put into practice and what makes them effective?

More than a decade ago, before globalization became a buzzword, Yves Dezalay and Bryant G. Garth established themselves as leading analysts of how that process has shaped the legal profession. Drawing upon the insights of Pierre Bourdieu, Asian Legal Revivals explores the increasing importance of the positions of the law and lawyers in South and Southeast Asia.

            Dezalay and Garth argue that the current situation in many Asian countries can only be fully understood by looking to their differing colonial experiences—and in considering how those experiences have laid the foundation for those societies’ legal profession today. Deftly tracing the transformation of the relationship between law and state into different colonial settings, the authors show how nationalist legal elites in countries such as India, Indonesia, Malaysia, the Philippines, Singapore, and South Korea came to wield political power as agents in the move toward national independence. Including fieldwork from over 350 interviews, Asian Legal Revivals illuminates the more recent past and present of these legally changing nations and explains the profession’s recent revival of influence, as spurred on by American geopolitical and legal interests.

Some say the fetus is the “tiniest citizen.” If so, then the bodies of women themselves have become political arenas—or, recent cases suggest, battlefields. A cocaine-addicted mother is convicted of drug trafficking through the umbilical cord. Women employees at a battery plant must prove infertility to keep their jobs. A terminally ill woman is forced to undergo a cesarean section. No longer concerned with conception or motherhood, the new politics of fetal rights focuses on fertility and pregnancy itself, on a woman’s relationship with the fetus. How exactly, Cynthia Daniels asks, does this affect a woman’s rights? Are they different from a man’s? And how has the state helped determine the difference? The answers, rigorously pursued throughout this book, give us a clear look into the state’s paradoxical role in gender politics—as both a challenger of injustice and an agent of social control.

In benchmark legal cases concerned with forced medical treatment, fetal protectionism in the workplace, and drug and alcohol use and abuse, Daniels shows us state power at work in the struggle between fetal rights and women’s rights. These cases raise critical questions about the impact of gender on women’s standing as citizens, and about the relationship between state power and gender inequality. Fully appreciating the difficulties of each case, the author probes the subtleties of various positions and their implications for a deeper understanding of how a woman’s reproductive capability affects her relationship to state power. In her analysis, the need to defend women’s right to self-sovereignty becomes clear, but so does the need to define further the very concepts of self-sovereignty and privacy.

The intensity of the debate over fetal rights suggests the depth of the current gender crisis and the force of the feelings of social dislocation generated by reproductive politics. Breaking through the public mythology that clouds these debates, At Women’s Expense makes a hopeful beginning toward liberating woman’s body within the body politic.

Government of state and self.

Aristotle, great Greek philosopher, researcher, reasoner, and writer, born at Stagirus in 384 BC, was the son of a physician. He studied under Plato at Athens and taught there (367–347); subsequently he spent three years at the court of a former pupil in Asia Minor. After some time at Mitylene, in 343–342 he was appointed by King Philip of Macedon to be tutor of his teen-aged son Alexander. After Philip’s death in 336, Aristotle became head of his own school (of “Peripatetics”), the Lyceum at Athens. Because of anti-Macedonian feeling there after Alexander’s death in 323, he withdrew to Chalcis in Euboea, where he died in 322.

Nearly all the works Aristotle prepared for publication are lost; the priceless ones extant are lecture-materials, notes, and memoranda (some are spurious). They can be categorized as follows:

I Practical: Nicomachean Ethics; Great Ethics (Magna Moralia); Eudemian Ethics; Politics; Economics (on the good of the family); On Virtues and Vices.
II Logical: Categories; Analytics (Prior and Posterior); Interpretation; Refutations used by Sophists; Topica.
III Physical: Twenty-six works (some suspect) including astronomy, generation and destruction, the senses, memory, sleep, dreams, life, facts about animals, etc.
IV Metaphysics: on being as being.
V Art: Rhetoric and Poetics.
VI Other works including the Constitution of Athens; more works also of doubtful authorship.
VII Fragments of various works such as dialogues on philosophy and literature; and of treatises on rhetoric, politics, and metaphysics.

The Loeb Classical Library® edition of Aristotle is in twenty-three volumes.

The first account of the August Trials, in which postwar Poland confronted the betrayal of Jewish citizens under Nazi rule but ended up fashioning an alibi for the past.

When six years of ferocious resistance to Nazi occupation came to an end in 1945, a devastated Poland could agree with its new Soviet rulers on little else beyond the need to punish German war criminals and their collaborators. Determined to root out the “many Cains among us,” as a Poznań newspaper editorial put it, Poland’s judicial reckoning spawned 32,000 trials and spanned more than a decade before being largely forgotten.

Andrew Kornbluth reconstructs the story of the August Trials, long dismissed as a Stalinist travesty, and discovers that they were in fact a scrupulous search for the truth. But as the process of retribution began to unearth evidence of enthusiastic local participation in the Holocaust, the hated government, traumatized populace, and fiercely independent judiciary all struggled to salvage a purely heroic vision of the past that could unify a nation recovering from massive upheaval. The trials became the crucible in which the Communist state and an unyielding society forged a foundational myth of modern Poland but left a lasting open wound in Polish-Jewish relations.

The August Trials draws striking parallels with incomplete postwar reckonings on both sides of the Iron Curtain, suggesting the extent to which ethnic cleansing and its abortive judicial accounting are part of a common European heritage. From Paris and The Hague to Warsaw and Kyiv, the law was made to serve many different purposes, even as it failed to secure the goal with which it is most closely associated: justice.

A sitting justice reflects upon the authority of the Supreme Court—how that authority was gained and how measures to restructure the Court could undermine both the Court and the constitutional system of checks and balances that depends on it.

A growing chorus of officials and commentators argues that the Supreme Court has become too political. On this view the confirmation process is just an exercise in partisan agenda-setting, and the jurists are no more than “politicians in robes”—their ostensibly neutral judicial philosophies mere camouflage for conservative or liberal convictions.

Stephen Breyer, drawing upon his experience as a Supreme Court justice, sounds a cautionary note. Mindful of the Court’s history, he suggests that the judiciary’s hard-won authority could be marred by reforms premised on the assumption of ideological bias. Having, as Hamilton observed, “no influence over either the sword or the purse,” the Court earned its authority by making decisions that have, over time, increased the public’s trust. If public trust is now in decline, one part of the solution is to promote better understandings of how the judiciary actually works: how judges adhere to their oaths and how they try to avoid considerations of politics and popularity.

Breyer warns that political intervention could itself further erode public trust. Without the public’s trust, the Court would no longer be able to act as a check on the other branches of government or as a guarantor of the rule of law, risking serious harm to our constitutional system.

Through a series of vivid case studies, Authors in Court charts the 300-year-long dance between authorship and copyright that has shaped each institution’s response to changing social norms of identity, privacy, and celebrity.

“A literary historian by training, Rose is completely at home in the world of law, as well as the history of photography and art. This is the work of an interdisciplinary scholar at the height of his powers. The arguments are sophisticated and the elegant text is a work of real craftsmanship. It is superb.”
—Lionel Bently, University of Cambridge

“Authors in Court is well-written, erudite, informative, and engaging throughout. As the chapters go along, we see the way that personalities inflect the supposedly impartial law; we see the role of gender in authorial self-fashioning; we see some of the fault lines which produce litigation; and we get a nice history of the evolution of the fair use doctrine. This is a book that should at least be on reserve for any IP–related course. Going forward, no one writing about any of the cases Rose discusses can afford to ignore his contribution.”
—Lewis Hyde, Kenyon College

Charles Evans Hughes (1862-1948) was lawyer, governor of New York, Supreme Court Justice, presidential candidate in 1916, Secretary of State in the Harding and Coolidge administrations, a member of the World Court, and Chief Justice of the United States from 1930 until his retirement in 1941. To some, Hughes appeared larger than life. Robert H. Jackson once said of him, "[He] looks like God and talks like God." But to those who knew him well, he was quite human, extraordinarily gifted, but human nonetheless. His Autobiographical Notes portray him as no biography could and provide comment on almost a century of American history as seen by one who played a part in shaping its course.

Hughes's notes reveal two sides of his personality--a serious side when he was at work, and a genial, sometimes humorous, side when he was relaxing or with friends and family. When he writes of unofficial life--especially his boyhood, college years, and early years at the bar--he is raconteur telling his story with a certain amount of humor; when he writes of his official life he tends to be matter-of-fact. The early chapters describe the formative influence which shaped his character: his loving but intellectually demanding parents and deeply religious training; his unusual early education, which took place mostly at home and gave full scope to his precocity. Hughes's accounts of college life in the 1870s at Madison (now Colgate) and Brown University and of his career as a young lawyer in the New York City of the 1880s and 1890s are valuable portraits of an era.

Brought up to a high sense of duty, Hughes, from the start of his career, felt bound to take worthy legal cases and it was his reputation for integrity and thoroughness that led to his selection as counsel in the gas and insurance investigations of 1905-1906. This was the turn of events that precipitated him into the public eye and, subsequently, into politics. The culmination of his career came in 1937 when he led the Supreme Court through a constitutional crisis and confronted Franklin Roosevelt in the Court packing battle. In the intervening thirty years, Hughes was a major figure in American political and legal circles. His Notes record his impressions of presidents, statesmen, and justices. His reflections on the diplomacy of the 1920s and on the causes leading up to the Second World War are of immense historical importance.

The editors have supplied an introduction to the Notes, commenting on Hughes's personality and public image, his political style and rise to fame. They have remained unobtrusive throughout, intervening only to clarify references and provide necessary details. For the rest, they let Hughes speak for himself in the crisp and clear style that reveals his unusual intelligence and the retentive and analytical mind that distinguished his conduct of affairs.

Justice Felix Frankfurther wrote of Hughes: "I have known or know about most of the leading men of my time both here and in England enough to justify me in forming a judgment. There isn't the slightest doubt that C.E.H. is among the few really sizable figures of my lifetime. He is three-dimensional and has impact." Here, in these Notes, is this great man drawn in life-size proportions.