A SCHOLARLY BOOK REPOSITORY272 start with C start with C
A political theorist teases out the century-old ideological transformation at the heart of contemporary discourse in Muslim nations undergoing political change.
The Arab Spring precipitated a crisis in political Islam. In Egypt Islamists have been crushed. In Turkey they have descended into authoritarianism. In Tunisia they govern but without the label of “political Islam.” Andrew March explores how, before this crisis, Islamists developed a unique theory of popular sovereignty, one that promised to determine the future of democracy in the Middle East.
This began with the claim of divine sovereignty, the demand to restore the sharīʿa in modern societies. But prominent theorists of political Islam also advanced another principle, the Quranic notion that God’s authority on earth rests not with sultans or with scholars’ interpretation of written law but with the entirety of the Muslim people, the umma. Drawing on this argument, utopian theorists such as Abū’l-Aʿlā Mawdūdī and Sayyid Quṭb released into the intellectual bloodstream the doctrine of the caliphate of man: while God is sovereign, He has appointed the multitude of believers as His vicegerent. The Caliphate of Man argues that the doctrine of the universal human caliphate underpins a specific democratic theory, a kind of Islamic republic of virtue in which the people have authority over the government and religious leaders. But is this an ideal regime destined to survive only as theory?
He begins with the story of Moses, who is obliged both to speak for God to the Hebrews and to advocate for the Hebrews before God. What, asks Ball, does Moses’s predicament say to lawyers professionally bound to zealous representation of only one client? In the story of Rachel, Ball finds insights that comprehend the role of tears and emotion in the judicial process. He relates these insights to specific contemporary situations, such as a plant closing and the subsequent movement of jobs to Mexico and legal disputes over the sovereignty of native Hawaiians. In a discussion of “The Gospel According to John,” Ball points out that the writer of this gospel is free simultaneously to be critical of law and to rely extensively on it. Ball uses this narrative to explore the boundaries of free will and independence in lawyering. By venturing into the world of powerful events and biblical characters, Ball enables readers to contest their own expectations and fundamental assumptions.
Employing legal theory, theology, and literary criticism, Called by Stories distills a wisdom in biblical texts that speaks specifically to the working life of legal professionals. As such, it will enrich lovers of narrative and poetry, ethicists, literary and biblical scholars, theologians, lawyers, law students, judges, and others who seek to discern deeper meanings in the texts that have shaped their lives.
From renowned legal scholar Cass R. Sunstein, a concise, case-by-case guide to resolving free-speech dilemmas at colleges and universities.
Free speech is indispensable on college campuses: allowing varied views and frank exchanges of opinion is a core component of the educational enterprise and the pursuit of truth. But free speech does not mean a free-for-all. The First Amendment prohibits “abridging the freedom of speech,” yet laws against perjury or bribery, for example, are still constitutional. In the same way, valuing freedom of speech does not stop a university from regulating speech when doing so is necessary for its educational mission. So where is the dividing line? How can we distinguish reasonable restrictions from impermissible infringement?
In this pragmatic, no-nonsense explainer, Cass Sunstein takes us through a wide range of scenarios involving students, professors, and administrators. He discusses why it’s consistent with the First Amendment to punish students who shout down a speaker, but not those who chant offensive slogans; why a professor cannot be fired for writing a politically charged op-ed, yet a university might legitimately consider an applicant’s political views when deciding whether to hire her. He explains why private universities are not legally bound by the First Amendment yet should, in most cases, look to follow it. And he addresses the thorny question of whether a university should officially take sides on public issues or deliberately keep the institution outside the fray.
At a time when universities are assailed on free-speech grounds from both left and right, Campus Free Speech: A Pocket Guide is an indispensable resource for cutting through the noise and understanding the key issues animating the debates.
Listen to a short interview with Rawi AbdelalHost: Chris Gondek | Producer: Heron & Crane
The rise of global financial markets in the last decades of the twentieth century was premised on one fundamental idea: that capital ought to flow across country borders with minimal restriction and regulation. Freedom for capital movements became the new orthodoxy.
In an intellectual, legal, and political history of financial globalization, Rawi Abdelal shows that this was not always the case. Transactions routinely executed by bankers, managers, and investors during the 1990s--trading foreign stocks and bonds, borrowing in foreign currencies--had been illegal in many countries only decades, and sometimes just a year or two, earlier.
How and why did the world shift from an orthodoxy of free capital movements in 1914 to an orthodoxy of capital controls in 1944 and then back again by 1994? How have such standards of appropriate behavior been codified and transmitted internationally? Contrary to conventional accounts, Abdelal argues that neither the U.S. Treasury nor Wall Street bankers have preferred or promoted multilateral, liberal rules for global finance. Instead, European policy makers conceived and promoted the liberal rules that compose the international financial architecture. Whereas U.S. policy makers have tended to embrace unilateral, ad hoc globalization, French and European policy makers have promoted a rule-based, "managed" globalization. This contest over the character of globalization continues today.
“A timely account of how the 1% holds on to their wealth…Ought to keep wealth managers awake at night.”
—Wall Street Journal
“Harrington advises governments seeking to address inequality to focus not only on the rich but also on the professionals who help them game the system.”
—Richard Cooper, Foreign Affairs
“An insight unlike any other into how wealth management works.”
—Felix Martin, New Statesman
“One of those rare books where you just have to stand back in awe and wonder at the author’s achievement…Harrington offers profound insights into the world of the professional people who dedicate their lives to meeting the perceived needs of the world’s ultra-wealthy.”
—Times Higher Education
How do the ultra-rich keep getting richer, despite taxes on income, capital gains, property, and inheritance? Capital without Borders tackles this tantalizing question through a groundbreaking multi-year investigation of the men and women who specialize in protecting the fortunes of the world’s richest people. Brooke Harrington followed the money to the eighteen most popular tax havens in the world, interviewing wealth managers to understand how they help their high-net-worth clients dodge taxes, creditors, and disgruntled heirs—all while staying just within the letter of the law. She even trained to become a wealth manager herself in her quest to penetrate the fascinating, shadowy world of the guardians of the one percent.
One of Ms. Magazine's Most Anticipated Books of 2023
Carceral liberalism emerges from the confluence of neoliberalism, carcerality, and patriarchy to construct a powerful ruse disguised as freedom. It waves the feminist flag while keeping most women still at the margins. It speaks of a post-race society while one in three Black men remain incarcerated. It sings the praises of capital while the dispossessed remain mired in debt.
Shreerekha Pillai edits essays on carceral liberalism that continue the trajectory of the Combahee River Collective and the many people inspired by its vision of feminist solidarity and radical liberation. Academics, activists, writers, and a formerly incarcerated social worker look at feminist resurgence and resistance within, at the threshold of, and outside state violence; observe and record direct and indirect forms of carcerality sponsored by the state and shaped by state structures, traditions, and actors; and critique carcerality. Acclaimed poets like Honorée Fanonne Jeffers and Solmaz Sharif amplify the volume’s themes in works that bookend each section.
Cutting-edge yet historically grounded, Carceral Liberalism examines an American ideological creation that advances imperialism, anti-blackness, capitalism, and patriarchy.
Contributors: Maria F. Curtis, Joanna Eleftheriou, Autumn Elizabeth and Zarinah Agnew and D Coulombe, Jeremy Eugene, Demita Frazier, Honorée Fanonne Jeffers, Alka Kurian, Cassandra D. Little, Beth Matusoff Merfish, Francisco Argüelles Paz y Puente, Shreerekha Pillai, Marta Romero-Delgado, Ravi Shankar, Solmaz Sharif, Shailza Sharma, Tria Blu Wakpa and Jennifer Musial, Javier Zamora
Benjamin Nathan Cardozo, unarguably one of the most outstanding judges of the twentieth century, is a man whose name remains prominent and whose contributions to the law remain relevant. This first complete biography of the longtime member and chief judge of the New York Court of Appeals and Justice of the Supreme Court of the United States during the turbulent years of the New Deal is a monumental achievement by a distinguished interpreter of constitutional law.
Cardozo was a progressive judge who understood and defended the proposition that judge-made law must be adapted to modern conditions. He also preached and practiced the doctrine that respect for precedent, history, and all branches of government limited what a judge could and should do. Thus, he did not modernize law at every opportunity.
In this book, Andrew Kaufman interweaves the personal and professional lives of this remarkable man to yield a multidimensional whole. Cardozo’s family ties to the Jewish community were a particularly significant factor in shaping his life, as was his father’s scandalous career—and ultimate disgrace—as a lawyer and judge. Kaufman concentrates, however, on Cardozo’s own distinguished career, including twenty-three years in private practice as a tough-minded and skillful lawyer and his classic lectures and writings on the judicial process. From this biography emerges an estimable figure holding to concepts of duty and responsibility, but a person not without frailties and prejudice.
In this volume, Quigley provides a thorough understanding of both sides of the conflict in the context of international law. He contends that the Palestinians have a stronger legal claim to Jerusalem than do the Israelis; that Palestinian refugees should be repatriated to areas including those within the borders of Israel; and that Israel should withdraw from the territory it occupied in 1967. As in his earlier volume, Quigley provides an extensively documented evaluation of the conflict over the last century, discussing the Zionist movement, the League of Nations’ decision to promote a Jewish homeland in Palestine, the 1948 war and creation of Israel, and Israel’s occupation of the West Bank, Gaza Strip, and Golan Heights during the 1967 war.
Winner of the 2004 New Jersey Studies Academic Alliance Book Award for Scholarly Non-Fiction | Named a 2005 Honor Book by the New Jersey Council for the Humanities
Essential reading for anyone interested in the most famous American crime of the twentieth century
Since its original publication in 2004, The Case That Never Dies has become the standard account of the Lindbergh kidnapping. Now, in a new afterword, historian Lloyd C. Gardner presents a surprise conclusion based on recently uncovered pieces of evidence that were missing from the initial investigation as well as an evaluation of Charles Lindbergh’s role in the search for the kidnappers. Out of the controversies surrounding the actions of Colonel Lindbergh, Norman Schwarzkopf, commander of the New Jersey State Police, and FBI director J. Edgar Hoover, Gardner presents a well-reasoned argument for what happened on the night of March 1, 1932.
The Case That NeverDies places the Lindbergh kidnapping, investigation, and trial in the context of the Depression, when many feared the country was on the edge of anarchy. Gardner delves deeply into the aspects of the case that remain confusing to this day, including Lindbergh’s dealings with crime baron Owney Madden, Al Capone’s New York counterpart, as well as the inexplicable exploits of John Condon, a retired schoolteacher who became the prosecution’s best witness. The initial investigation was hampered by Colonel Lindbergh, who insisted that the police not attempt to find the perpetrator because he feared the investigation would endanger his son’s life. He relented only when the child was found dead.
After two years of fruitless searching, Bruno Richard Hauptmann, a German immigrant, was discovered to have some of the ransom money in his possession. Hauptmann was arrested, tried, and sentenced to death. Throughout the book, Gardner pays special attention to the evidence of the case and how it was used and misused in the trial. Whether Hauptmann was guilty or not, Gardner concludes that there was insufficient evidence to convict him of first-degree murder.
Set in historical context, the book offers not only a compelling read, but a powerful vantage point from which to observe the United States in the 1930s as well as contemporary arguments over capital punishment.
The Case That NeverDies places the Lindbergh kidnapping, investigation, and trial in the context of the Depression, when many feared the country was on the edge of anarchy. Gardner delves deeply into the aspects of the case that remain confusing to this day, including Lindbergh’s dealings with crime baron Owney Madden, Al Capone’s New York counterpart, as well as the inexplicable exploits of John Condon, a retired schoolteacher who became the prosecution’s best witness. The initial investigation was hampered by Colonel Lindbergh, who insisted that the police not attempt to find the perpetrator because he feared the investigation would endanger his son’s life. He relented only when the child was found dead.
After two years of fruitless searching, Bruno Richard Hauptmann, a German immigrant, was discovered to have some of the ransom money in his possession. Hauptmann was arrested, tried, and sentenced to death. Throughout the book, Gardner pays special attention to the evidence of the case and how it was used and misused in the trial. Whether Hauptmann was guilty or not, Gardner concludes that there was insufficient evidence to convict him of first-degree murder.
Set in historical context, the book offers not only a compelling read, but a powerful vantage point from which to observe the United States in the 1930s as well as contemporary arguments over capital punishment.
This casebook aims to cross historical and disciplinary boundaries by making the primary evidence for Roman water rights accessible to students and researchers. Cases are presented in both original Latin and English translation. To prepare for study of the cases, each chapter opens with an overview of its topic while the introduction presents the evidence for water rights and contextualizes them within historical and conceptual frameworks.
The contributors are Peter Asch, George Bittlingmayer, Donald J. Boudreaux, Malcolm B. Coate, Louis De Alessi, Thomas J. DiLorenzo, B. Epsen Eckbo, Robert B. Ekelund, Jr., Roger L. Faith, Richard S. Higgins, William E. Kovacic, Donald R. Leavens, William F. Long, Fred S. McChesney, Mike McDonald, Stephen Parker, Richard A. Posner, Paul H. Rubin, Richard Schramm, Joseph J. Seneca, William F. Shughart II, Jon Silverman, George J. Stigler, Robert D. Tollison, Charlie M. Weir, Peggy Wier, and Bruce Yandle.
The Cedarville Conspiracy is the story of that doomed ship and its crew. It is also the first Great Lakes history to expose the heroism, villainy, courage, and confusion surrounding the Cedarville disaster.
In atmospheric, cinematic style, L. Stephen Cox's gripping page-turner dramatizes the events surrounding the collision between the Norwegian and American freighters. As the mortally wounded Cedarville began to list and sink, U.S. Steel refused to allow the crew to escape to safety, while the captain secretly donned his life jacket and abandoned the sinking ship. Ten seamen died in the frigid waters that morning as the captain and survivors swam to safety.
Researching the story, author L. Stephen Cox interviewed the surviving crew and their rescuers and attorneys, examined more than 20,000 pages of Coast Guard reports, and discovered deposition transcripts and other documentary evidence that detailed the deterioration of the ship, the captain's disregard of Great Lakes navigational rules, the company's participation in the decision to confine the men aboard the sinking vessel, and the subsequent efforts by U.S. Steel to manipulate the evidence.
The terms "center" and "periphery" are particularly relevant to anthropologists, since traditionally they look outward from institutional "centers"-universities, museums, government bureaus-to learn about people on the "peripheries." Yet anthropology itself, as compared with economics, politics, or history, occupies a space somewhat on the margins of academe. Still, anthropologists, who control esoteric knowledge about the vast range of human variation, often find themselves in a theoretically central position, able to critique the "universal" truths promoted by other disciplines.
Central Sites, Peripheral Visions presents five case studies that explore the dilemmas, moral as well as political, that emerge out of this unique position. From David Koester's analysis of how ethnographic descriptions of Iceland marginalized that country's population, to Kath Weston's account of an offshore penal colony where officials mixed prison work with ethnographic pursuits; from Brad Evans's reflections on the "bohemianism" of both the Harlem vogue and American anthropology, to Arthur J. Ray's study of anthropologists who serve as expert witnesses in legal cases, the essays in the eleventh volume of the History of Anthropology Series reflect on anthropology's always problematic status as centrally peripheral, or peripherally central.
Finally, George W. Stocking, Jr., in a contribution that is almost a book in its own right, traces the professional trajectory of American anthropologist Robert Gelston Armstrong, who was unceremoniously expelled from his place of privilege because of his communist sympathies in the 1950s. By taking up Armstrong's unfinished business decades later, Stocking engages in an extended meditation on the relationship between center and periphery and offers "a kind of posthumous reparation," a page in the history of the discipline for a distant colleague who might otherwise have remained in the footnotes.
Alabama’s present constitution, adopted in 1901, is widely viewed as the source of many, if not most, of the state’s historic difficulties and inequities. Chief among these is a poorly funded school system, an imbalanced tax system that favors special business interests, legislated racism, and unchecked urban sprawl. Many citizens believe that, after 100 years of overburdening amendments and confusing addendums, the constitution urgently needs rewriting.
With this book, Bailey Thomson has assembled the best scholarship on the constitution, its history, and its implications for the future. Historian Harvey H. Jackson III details the degree to which the 1901 document was drafted as a legal tool to ensure white supremacy at the expense of poor whites and blacks, while Joe A. Sumners illustrates how the constitution ties the hands of elected civic leaders by handing authority for local decisions to state government in Montgomery. James W. Williams Jr. explores the impact of the state constitution on the beleaguered tax system and the three principal “revenue crises” it has engendered. Thomson’s own contribution explains how, in contrast to the previous failed attempts for constitutional change by past governors who appealed to their fellow power brokers, the current reform movement arose from the grassroots level.
As citizens and politicians in Alabama review the 1901 constitution for revision, as they navigate the pitfalls and opportunities inherent in change, it is incumbent that they inform themselves adequately on the controversies that have swirled around the constitution since its adoption. The future of Alabama’s government will depend upon it, as will the fortunes of Alabama’s business interests and the well-being of every citizen in the state for years to come.
A Century of Juvenile Justice is the first standard, comprehensive and comparative reference work to span the history and current state of juvenile justice. An extraordinary assemblage of leading authorities have produced a accessible, illustrated document, designed as a reference for everyone from probation personnel and police to students, educators, lawyers, and social workers.
Editors' introductions place into context each of the book's five sections, which consider the history of the ideas around which the system was organized and the institutions and practices that resulted; the ways in which this set of institutions and practices interacts with other aspects of government policy toward children in the U.S. and in other nations; and also the ways in which changing social and legal meanings of childhood and youth have continued to influence juvenile justice. The doctrine and institutions of juvenile justice in Europe, Japan, England, and Scotland are profiled in depth to show the range of modern responses to youth crime and child endangerment. This comparative material provides a fresh basis for judging the direction of policy in the U.S.
Margaret K. Rosenheim is the Helen Ross professor Emerita in the School of Social Service Administration of the University of Chicago. Franklin Zimring is Professor of Law and Director of the Earl Warren Legal Institute at the University of California, Berkeley. David S. Tanenhaus is Assistant Professor of History at the University of Nevada, Las Vegas. Bernardine Dohrn is Director of the Children and Family Justice Center of Northwestern University Law School.
Contributors:
Anthony Bottoms
Jaap Doek
Bernardine Dohrn
Peter Edelman
John Eekelaar
David Farrington
Frank Furstenberg
Michael Grossberg
John Laub
Paul Lerman
Rolf Loeber
Akira Morita
Margaret K. Rosenheim
Elizabeth Scott
David S. Tanenhaus
Lee Teitelbaum
Mark Testa
Franklin E. Zimring
Drawing on four decades of experience advising boards and CEOs on how to do just that, Thomas A. Cole offers in CEO Leadership a straightforward and accessible guide to navigating corporate governance today. He explores the recurring question of whose benefit a corporation should be governed for, along with related matters of corporate social responsibility, and he explains the role of laws, market forces, and politics and their influence on the governance of public companies. For corporate directors, he provides a comprehensive examination of the roles, responsibilities, and accountability the role entails, while also offering guidance on how to be as effective as possible in addressing both routine corporate matters and special situations such as mergers and acquisitions, succession, and corporate crises. In addition, he offers practical suggestions for CEOs on leadership and their interactions with boards and shareholders. Cole also mounts a compelling case that a corporate culture that celebrates diversity and inclusion and has zero tolerance for sexual misconduct is critical to long-term business success.
Filled with vignettes from Cole’s many years of experience in the board room and C-suite, CEO Leadership is an invaluable resource for current and prospective directors, CEOs, and other senior officers of public companies as well as the next generation of corporate leaders and their business and financial advisors.
The development of crime policy in the United States for many generations has been hampered by a drastic shortage of knowledge and data, an excess of partisanship and instinctual responses, and a one-way tendency to expand the criminal justice system. Even if a three-decade pattern of prison growth came to a full stop in the early 2000s, the current decade will be by far the most punitive in U.S. history, hitting some minority communities particularly hard.
The book examines the history, scope, and effects of the revolution in America's response to crime since 1970. Henry Ruth and Kevin Reitz offer a comprehensive, long-term, pragmatic approach to increase public understanding of and find improvements in the nation's response to crime. Concentrating on meaningful areas for change in policing, sentencing, guns, drugs, and juvenile crime, they discuss such topics as new priorities for the use of incarceration; aggressive policing; the war on drugs; the need to switch the gun control debate to a focus on crime gun regulation; a new focus on offenders' transition from confinement to freedom; and the role of private enterprise.
A book that rejects traditional liberal and conservative outlooks, The Challenge of Crime takes a major step in offering new approaches for the nation's responses to crime.
The first comprehensive collection of legal history documents from the Civil War and Reconstruction, this volume shows the profound legal changes that occurred during the Civil War era and highlights how law, society, and politics inextricably mixed and set American legal development on particular paths that were not predetermined. Editor Christian G. Samito has carefully selected excerpts from legislation, public and legislative debates, court cases, investigations of white supremacist violence in the South, and rare court-martial records, added his expert analysis, and illustrated the selections with telling period artwork to create an outstanding resource that demonstrates the rich and important legal history of the era.
Research in this area has not kept pace with these legislative developments. There has never been a detailed, sociolegal analytic book devoted to this topic. In this important collection, researchers discuss policy, substantive procedural and empirical dimensions of waivers, and where the boundaries of the courts lie. Part 1 provides an overview of the origins and development of law and contemporary policy on the jurisdiction of adolescents. Part 2 examines the effects of jurisdictional shifts. Part 3 offers valuable insight into the developmental and psychological aspects of current and future reforms.
Contributors: Donna Bishop, Richard Bonnie, M. A. Bortner, Elizabeth Cauffman, Linda Frost Clausel, Robert O. Dawson, Jeffrey Fagan, Barry Feld, Charles Frazier, Thomas Grisso, Darnell Hawkins, James C. Howell, Akiva Liberman, Richard Redding, Simon Singer, Laurence Steinberg, David Tanenhaus, Marjorie Zatz, and Franklin E. Zimring
Peter W. Greenwood here demonstrates here that as crimes rates have fallen, researchers have identified more connections between specific risk factors and criminal behavior, while program developers have discovered a wide array of innovative interventions. The result of all this activity, he reveals, has been the revelation of a few prevention models that reduce crime much more cost-effectively than popular approaches such as tougher sentencing, D.A.R.E., boot camps, and "scared straight" programs. Changing Lives expertly presents the most promising of these prevention programs, their histories, the quality of evidence to support their effectiveness, the public policy programs involved in bringing them into wider use, and the potential for investments and developmental research to increase the range and quality of programs.
Recent law school graduates often work as temporary attorneys, but law firm layoffs and downsizing have strengthened the temporary attorney industry. Cheaper by the Hour is the first book-length account of these workers.
Drawing from participant observation and interviews, Robert A. Brooks provides a richly detailed ethnographic account of freelance attorneys in Washington, DC. He places their document review work in the larger context of the deprofessionalization of skilled labor and considers how professionals relegated to temporary jobs feel diminished, degraded, or demeaned by work that is often tedious, repetitive, and well beneath their abilities.
Brooks documents how firms break a lawyer's work into discrete components that require less skill to realize maximum profits. Moreover, he argues that information technology and efficiency demands are further stratifying the profession and creating a new underclass of lawyers who do low-end commodity work.
Free inquiry and expression are hotly contested, both on campus and in social and political life. In higher education, the University of Chicago has been at the forefront of conversations around free speech and academic freedom since its inception in the late nineteenth century. The University combined elements of a research university with a commitment to American pragmatism and democratic progress, all of which depended on what its first president referred to as the “complete freedom of speech on all subjects.” In 2014, then University provost and president J. D. Isaacs and Robert Zimmer released a statement now known as the Chicago Principles, which have since been adopted or endorsed by one hundred US colleges and universities. These principles are just a part of the long-standing dialogue at the University of Chicago around freedom of expression—its meaning and limits. The Chicago Canon on Free Inquiry and Expression brings together exemplary documents that explain and situate this ongoing conversation with an introductory essay that brings the tradition to light.
Throughout waves of historical and societal challenges and changes, this first principle of free expression has required rearticulation and new interpretations. The documents gathered here include, among others, William Rainey Harper’s “Freedom of Speech” (1900), the Kalven Committee’s report on the University’s role in political and social action (1967), and Geoffrey R. Stone’s “Free Speech on Campus: A Challenge of Our Times” (2016). Together, the writings of the canon reveal how the Chicago tradition is neither static nor stagnant, but a vibrant experiment; a lively struggle to understand, practice, and advance free inquiry and expression.
At a time of nationwide campus speech debates, engaging with these texts and the questions they raise is essential to sustaining an environment of broad intellectual and ideological diversity. This book offers a blueprint for the future of higher education’s vital work and points to the civic value of free expression.
The Chicago Handbook of University Technology Transfer and Academic Entrepreneurship is the first definitive source to synthesize state-of-the-art research in this arena. Edited by three of the foremost experts in the field, the handbook presents evidence from entrepreneurs, administrators, regulators, and professors in numerous disciplines. Together they address the key managerial and policy implications through chapters on how to sustain successful research ventures, ways to stimulate academic entrepreneurship, maintain effective open innovation strategies, and improve the performance of university technology transfer offices.
A broad and ambitious work, the handbook offers comprehensive coverage for universities of all types, allowing them to confidently handle technology commercialization and further cultivate innovation.
Roscoe Pound has called Charles Doe (1830-1896) one of the ten greatest jurists in American history, the "one judge upon the bench of a state court who stands out as a builder of the law since the Civil War." This is the first booklength biography of Chief Justice Doe, and as an examination of the constitutional and jurisprudential theories of a state judge it is probably unique.
Known for his aversion to formal courtroom procedure and for his singular methods of conducting jury trials and appellate sessions, Charles Doe served as Associate Justice of the New Hampshire Supreme Judicial Court from 1859 to 1874, and as Chief Justice of New Hampshire from 1876 to 1896. In his thirty-five years on the bench, Doe was responsible for a number of innovations in judicial practice. He devoted himself to reforming the rules of construction, his "newmodelling" of writs revolutionized civil procedure, and his solution to the question of criminal insanity was so advanced that it has not yet been superseded, or even approached, in many states. Perhaps it is in Doe's discussions of torts, where he expounded tenets in opposition to those held by Oliver Wendell Holmes, that one may find the most interesting insight into Doe's view of the law. By redefining and re-emphasizing the distinction between matters of law and questions of fact, Chief Justice Doe demonstrated that an original mind working with familiar legal concepts could depart from traditional doctrine while at the same time maintaining the continuity and essential integrity of Anglo-American common law.
Many of the most controversial political issues of our time focus on the actions and well-being of children such as Greta Thunberg’s climate movement; youth activists standing up for racial justice, safe schools, and an equitable economy; and the furor over separating migrant children from their families. When do we treat children as competent citizens, when do we treat them as dependents in need of protection, and why?
The Child before the Court: Judgment, Citizenship, and the Constitution provides answers to these foundational questions. It analyzes landmark US Supreme Court cases involving children’s free speech and due process rights and argues that our ideas about civic and legal judgment are deeply contested concepts instead of simple character traits. These cases serve as analytic touchstones for these problems, and the Court’s opinions seemingly articulate clear rules through a pragmatic balancing of interests.
Timothy Barouch shows how these cases continually reshape constitutional thought, breaking from a vocabulary of wardship and recasting the child as a liberal individual. He analyzes these legal opinions as judicial novelizations and focuses on their rhetorical markers: the range of tropes, idioms, figures, and arguments that emerge across nearly two centuries of jurisprudence in this important but oft-neglected area. The careful and subtle readings of these cases demonstrate how judicial representations of the child provide key resources for thinking about the child as citizen and, more broadly, citizenship itself. It serves as a bold call to think through the relationship between the liberal individual and the problem of civic judgment as it manifests in public culture in a wide array of contexts at a time when liberal democracy is under siege.
Through close analysis of these seven cases, legal historian Alan Rogers explores the conflict between religious principles and secular laws that seek to protect children from abuse and neglect. Christian Scientists argued—often with the support of mainline religious groups—that the First Amendment's "free exercise" clause protected religious belief and behavior. Insisting that their spiritual care was at least as effective as medical treatment, they thus maintained that parents of seriously ill children had a constitutional right to reject medical care.
Congress and state legislatures confirmed this interpretation by inserting religious exemption provisos into child abuse laws. Yet when parental prayer failed and a child died, prosecutors were able to win manslaughter convictions by arguing—as the U.S. Supreme Court had held for more than a century—that religious belief could not trump a neutral, generally applicable law. Children's advocates then carried this message to state legislatures, eventually winning repeal of religious exemption provisions in a handful of states.
Reforms have moved the child support system from one of minimal effort, based on the assumption that children in single parent households would be supported by their custodial parents or by government welfare, to a formula-based system for calculating child support and an aggressive enforcement program to collect that support from the noncustodial parent.
The essays range from a review of child support history, with a focus on the changing mores of parental responsibility, to empirical studies of whether increased establishment of paternity and child support enforcement results in more father-child contacts, to how child support affects fathers and whether the support obligation impoverishes noncustodial fathers. The essays explore the failure of the current child support reforms to reduce child poverty, consider the need to study how to determine what is a "fair amount" of child support, and debate proposals to follow the example of a number of other industrialized nations and provide more generous public benefits for poor children.
This book will be of interest to public policy makers and professionals--lawyers, legal scholars, social workers, and administrators--who work in and study the child support system.
Contributors are June R. Carbone, John Eekelaar, Martha A. Fineman, Irwin Garfinkel, Marsha Garrison, Paul K. Legler, Mavis Maclean, Marygold S. Melli, Daniel R. Meyer, J. Thomas Oldham, Allen M. Parkman, Judith A. Seltzer, and Andrea Warman.
J. Thomas Oldham is John H. Freeman Professor Law, University of Houston Law School. Marygold S. Melli is Voss-Bascom Professor of Law Emerita, University of Wisconsin-Madison Law School.
Children and Drug Safety traces the development, use, and marketing of drugs for children in the twentieth century, a history that sits at the interface of the state, business, health care providers, parents, and children. This book illuminates the historical dimension of a clinical and policy issue with great contemporary significance—many of the drugs administered to children today have never been tested for safety and efficacy in the pediatric population.
Each chapter of Children and Drug Safety engages with major turning points in pediatric drug development; themes of children’s risk, rights, protection and the evolving context of childhood; child-rearing; and family life in ways freighted with nuances of race, class, and gender. Cynthia A. Connolly charts the numerous attempts by Congress, the Food and Drug Administration, the American Academy of Pediatrics, and leading pediatric pharmacologists, scientists, clinicians, and parents to address a situation that all found untenable.
Open access edition funded by the National Endowment for the Humanities.
The text of this book is licensed under a Creative Commons Attribution NonCommercial-NoDerivatives 4.0 International License: https://creativecommons.org/licenses/by-nc-nd/4.0/
Children are increasingly a focus of international and national courts and truth commissions. Their participation, including through testimony that bears witness to their experiences, demonstrates their critical role in truth, justice, and reconciliation processes. If children are to engage, however, their rights must be respected.
This book includes analysis of the recent involvement of children in transitional justice processes in Liberia, Peru, Sierra Leone, and South Africa. It also explores key areas of current debates among legal scholars and child rights advocates, such as international criminal responsibility, traditional and restorative justice, reparations, psychosocial support for child witnesses, and links between education and reconciliation.
The book emphasizes how children must be engaged during post-conflict transition. If children are excluded, they may become vulnerable to a continuing cycle of violence, affecting future generations. In contrast, through active involvement in transitions, children and adolescents can be the catalysts for justice, reconciliation, and peace-building within their own families and communities.
When attorney Lucinda Hayes reluctantly agrees to represent the mother of a brutally slain child, she must convince the court that the makers of a pornographic film are liable for the murder. As the case unfolds, Lucinda calls upon all her personal strength and legal talent, facing down her own ghosts as well as the powerful entertainment industry's star lawyers.
In Chilling Effect, Wesson affirms the power of free speech to inspire the best and the worst human behavior and explores the tension between freedom and accountability
In February 1967, at the height of the Cultural Revolution, the American Society of International Law organized a study panel of legal scholars, social scientists, lawyers, and government officials to consider problems relating to “China and International Order.” The panel was founded in the belief that the turmoil in China would not endure and that the People's Republic might soon wish to participate fully in the world community. To prepare for this day, the panel commissioned and reviewed a number of studies of China's interpretation and application of international law.
The ten essays in this volume—written by twelve scholars including Jerome Alan Cohen, who has also written a substantial introduction—are the fruit of this effort. Four of the essays deal with basic problems relating to Peking's international conduct: recognition and the establishment of diplomatic relations, the regulation of foreign diplomats serving in China, manipulation of the concept of “unequal treaties,” and the PRC's conditions for participation in international organizations. The other six essays focus on legal problems that have arisen in China's relations with a given country or international organization.
Winner of the Ray Allen Billington Prize
Winner of the Ellis W. Hawley Prize
Winner of the Sally and Ken Owens Award
Winner of the Vincent P. DeSantis Book Prize
Winner of the Caroline Bancroft History Prize
“A powerful argument about racial violence that could not be more timely.”
—Richard White
“A riveting, beautifully written account…that foregrounds Chinese voices and experiences. A timely and important contribution to our understanding of immigration and the border.”
—Karl Jacoby, author of Shadows at Dawn
In 1885, following the massacre of Chinese miners in Wyoming Territory, communities throughout California and the Pacific Northwest harassed, assaulted, and expelled thousands of Chinese immigrants. The Chinese Must Go shows how American immigration policies incited this violence, and how this gave rise to the concept of the “alien” in America.
Our story begins in the 1850s, before federal border control established strict divisions between citizens and aliens—and long before Congress passed the Chinese Restriction Act, the nation’s first attempt to bar immigration based on race and class. When this unprecedented experiment failed to slow Chinese migration, armed vigilante groups took the matter into their own hands. Fearing the spread of mob violence, policymakers redoubled their efforts to seal the borders, overhauling immigration law and transforming America’s relationship with China in the process. By tracing the idea of the alien back to this violent era, Lew-Williams offers a troubling new origin story of today’s racialized border.
“The Chinese Must Go shows how a country that was moving, in a piecemeal and halting fashion, toward an expansion of citizenship for formerly enslaved people and Native Americans, came to deny other classes of people the right to naturalize altogether…The stories of racist violence and community shunning are brutal to read.”
—Rebecca Onion, Slate
Since 1940, more than half of all states have switched at least in part from popular election or elite appointment to experiment with merit selection in choosing some or all of their state supreme court justices. Under merit selection, a commission—often comprising some combination of judges, attorneys, and the general public—is tasked with considering applications from candidates vying to fill a judicial vacancy. Ostensibly, the commission forwards the best candidates to the governor, who ultimately appoints them. Presently, numerous states are debating whether to adopt or abolish merit selection.
In his short, sharp book, Choosing State Supreme Court Justices, Greg Goelzhauser utilizes new data on more than 1,500 state supreme court justices seated from 1960 through 2014 to answer the question, Does merit selection produce better types of judges? He traces the rise of merit selection and explores whether certain judicial selection institutions favor candidates who have better qualifications, are more diverse, and have different types of professional experience.
Goelzhauser’s results ultimately contribute to the broader debate concerning comparative institutional performance with respect to state judicial selection.
Through readings of the opinions of the US Supreme Court and other legal texts, Sullivan shows how “the church” as a religious collective is granted special privilege in US law. In-depth analyses of Hosanna-Tabor v. EEOC and Burwell v. Hobby Lobby reveal that the law tends to honor the religious rights of the group—whether in the form of a church, as in Hosanna-Tabor, or in corporate form, as in Hobby Lobby—over the rights of the individual, offering corporate religious entities an autonomy denied to their respective members. In discussing the various communities that construct the “church-shaped space” in American law, Sullivan also delves into disputes over church property, the legal exploitation of the black church in the criminal justice system, and the recent case of Masterpiece Cakeshop v. Colorado Civil Rights Commission. Brimming with insight, Church State Corporation provocatively challenges our most basic beliefs about the ties between religion and law in ostensibly secular democracies.
In this brilliant, gracefully written, and important new book, former Secretary of the Interior and Governor of Arizona Bruce Babbitt brings fresh thought--and fresh air--to questions of how we can build a future we want to live in.
We've all experienced America's changing natural landscape as the integrity of our forests, seacoasts, and river valleys succumbs to strip malls, new roads, and subdivisions. Too often, we assume that when land is developed it is forever lost to the natural world--or hope that a patchwork of local conservation strategies can somehow hold up against further large-scale development.
In Cities in the Wilderness, Bruce Babbitt makes the case for why we need a national vision of land use. We may have a space program, he points out, but here at home we don't have an open-space policy that can balance the needs for human settlement and community with those for preservation of the natural world upon which life depends. Yet such a balance, the author demonstrates, is as remarkably achievable as it is necessary. This is no call for developing a new federal bureaucracy; Babbitt shows instead how much can be--and has been--done by making thoughtful and beneficial use of laws and institutions already in place.
A hallmark of the book is the author's ability to match imaginative vision with practical understanding. Babbitt draws on his extensive experience to take us behind the scenes negotiating the Florida Everglades restoration project, the largest ever authorized by Congress. In California, we discover how the Endangered Species Act, still one of the most effective laws governing land use, has been employed to restore regional habitat. In the Midwest, we see how new World Trade Organization regulations might be used to help restore Iowa's farmlands and rivers. As a key architect of many environmental success stories, Babbitt reveals how broad restoration projects have thrived through federal- state partnership and how their principles can be extended to other parts of the country.
Whether writing of land use as reflected in the Gettysburg battlefield, the movie Chinatown, or in presidential political strategy, Babbitt gives us fresh insight. In this inspiring and informative book, Babbitt sets his lens to panoramic--and offers a vision of land use as grand as the country's natural heritage.
"Joe Rauh was the type of lawyer who comes along maybe once in a generation---talented, politically astute, effective, and stubbornly devoted to principles, the type of person who not only could but did make a difference. He deserves a biography that explores not only his persona, but the America in which he lived and worked, and how he made a difference to so many people. Michael Parrish has given us just such a book, an exceedingly fine, well-written story that will make clear to another generation not only who Joe Rauh was, but why we as a nation will always need someone like him."
---Melvin I. Urofsky, Professor of Law and Public Policy, Virginia Commonwealth University
"Michael Parrish has captured the life of this great civil libertarian in splendid fashion. His biography of this energetic New Deal liberal weaves effortlessly between public and private, friend and foe, victory and defeat. With Parrish as a sure guide, Citizen Rauh transports the reader through an American history that begins with Sacco and Vanzetti and ends as he battles CIA skullduggery in the 1980s. This biography should be on your shelf and in your heart."
---Nelson Lichtenstein, MacArthur Foundation Professor of History and Director of the Center for the Study of Work, Labor, and Democracy, University of California, Santa Barbara
"Michael Parrish has fashioned a biography filled with Rauh's spirit, achievements, his losses, and above all, the importance of his presence. This is a wonderful account of a giant of late 20th century political and legal affairs."
---Stanley Kutler, E. Gordon Fox Professor Emeritus of American Institutions, History, and Law, University of Wisconsin, Madison
Citizen Rauh tells the story of American lawyer Joseph L. Rauh Jr., who kept alive the ideals of New Deal liberalism and broadened those ideals to include a commitment to civil rights. Rauh's clients included Arthur Miller, Lillian Hellman, A. Philip Randolph, and the Mississippi Freedom Democratic Party. With good reason Freedom Rider John Lewis once called him "the blackest white man I ever knew."
No lawyer in the post-1945 era did more to protect the economic interests of working-class Americans than Rauh, who fought for the unions as they struggled for legitimacy and against them when they betrayed their own members. No lawyer stood more courageously against repressive anticommunism during the 1950s or advanced the cause of racial justice more vigorously in the 1960s and 1970s. No lawyer did more to defend the constitutional vision of the Warren Court and resist the efforts of Richard Nixon and Ronald Reagan to undo its legacy.
Throughout his life, Rauh continued to articulate a progressive vision of law and politics, ever confident that his brand of liberalism would become vital once again when the cycle of American politics took another turn.
Michael E. Parrish is Distinguished Professor of History at the University of California, San Diego, where he has taught for forty years. A specialist in the legal and constitutional history of the United States, he has also taught at Nanjing University in the People's Republic of China, the University of Edinburgh, the University of Glasgow, and the University of Helsinki, where he was the Fulbright Bicentennial Professor of American Studies.
Parrish is the author of five other books: Securities Regulation and the New Deal; Felix Frankfurter and His Times; Anxious Decades: America in Prosperity and Depression; The Hughes Court: Justices, Rulings, and Legacy; and The Supreme Court and Capital Punishment: Judging Death. His articles have appeared in the American Historical Review, the Historian, Diplomatic History, the Journal of the Supreme Court Historical Society, and the Yale Law Journal.
Jacket design by Paula Newcomb
Jacket photograph: Joseph L. Rauh Jr. with President Lyndon B. Johnson. Courtesy of the Estate of Olie W. Rauh.
Today, concerns over homeland security have led thousands of Americans to volunteer for various citizen emergency response groups, such as the Civil Air Patrol, U.S. Coast Guard Auxiliary, Community Emergency Response Teams, fire units, etc. In Citizens Defending America, Martin Greenberg focuses new attention on the subject of citizen volunteerism by chronicling the nature and purpose of volunteer police units—authorized organizations of a public or private nature that work at deterring crime and/or preventing terrorism for little or no monetary compensation—in America since 1620. A number of these historical groups responsible for maintaining the civil order of the day—slave patrols, frontier posses, vice suppression societies, the American Protective League, for example—now seem controversial when viewed through a contemporary lens. Greenberg uses the history of such groups to reflect upon the nation’s past and to consider the possibilities for a safe and secure future. He also emphasizes the role of young people in the fields of security and safety, and stresses the need for more qualified, trained volunteers to help cope with man-made and natural disasters.
The Supreme Court’s 5–4 decision in Citizens United v. Federal Election Commission, which struck down a federal prohibition on independent corporate campaign expenditures, is one of the most controversial opinions in recent memory. Defenders of the First Amendment greeted the ruling with enthusiasm, while advocates of electoral reform recoiled in disbelief. Robert C. Post offers a new constitutional theory that seeks to reconcile these sharply divided camps.
Post interprets constitutional conflict over campaign finance reform as an argument between those who believe self-government requires democratic participation in the formation of public opinion and those who believe that self-government requires a functioning system of representation. The former emphasize the value of free speech, while the latter emphasize the integrity of the electoral process. Each position has deep roots in American constitutional history. Post argues that both positions aim to nurture self-government, which in contemporary life can flourish only if elections are structured to create public confidence that elected officials are attentive to public opinion. Post spells out the many implications of this simple but profound insight. Critiquing the First Amendment reasoning of the Court in Citizens United, he also shows that the Court did not clearly grasp the constitutional dimensions of corporate speech.
Blending history, constitutional law, and political theory, Citizens Divided explains how a Supreme Court case of far-reaching consequence might have been decided differently, in a manner that would have preserved both First Amendment rights and electoral integrity.
Breaking new ground in scholarship, Niraja Jayal writes the first history of citizenship in the largest democracy in the world—India. Unlike the mature democracies of the west, India began as a true republic of equals with a complex architecture of citizenship rights that was sensitive to the many hierarchies of Indian society. In this provocative biography of the defining aspiration of modern India, Jayal shows how the progressive civic ideals embodied in the constitution have been challenged by exclusions based on social and economic inequality, and sometimes also, paradoxically, undermined by its own policies of inclusion.
Citizenship and Its Discontents explores a century of contestations over citizenship from the colonial period to the present, analyzing evolving conceptions of citizenship as legal status, as rights, and as identity. The early optimism that a new India could be fashioned out of an unequal and diverse society led to a formally inclusive legal membership, an impulse to social and economic rights, and group-differentiated citizenship. Today, these policies to create a civic community of equals are losing support in a climate of social intolerance and weak solidarity. Once seen by Western political scientists as an anomaly, India today is a site where every major theoretical debate about citizenship is being enacted in practice, and one that no global discussion of the subject can afford to ignore.
Africa, it is often said, is suffering from a crisis of citizenship. At the heart of the contemporary debates this apparent crisis has provoked lie dynamic relations between the present and the past, between political theory and political practice, and between legal categories and lived experience. Yet studies of citizenship in Africa have often tended to foreshorten historical time and privilege the present at the expense of the deeper past.
Citizenship, Belonging, and Political Community in Africa provides a critical reflection on citizenship in Africa by bringing together scholars working with very different case studies and with very different understandings of what is meant by citizenship. By bringing historians and social scientists into dialogue within the same volume, it argues that a revised reading of the past can offer powerful new perspectives on the present, in ways that might also indicate new paths for the future.
The project collects the works of up-and-coming and established scholars from around the globe. Presenting case studies from such wide-ranging countries as Sudan, Mauritius, South Africa, Côte d’Ivoire, and Ethiopia, the essays delve into the many facets of citizenship and agency as they have been expressed in the colonial and postcolonial eras. In so doing, they engage in exciting ways with the watershed book in the field, Mahmood Mamdani’s Citizen and Subject.
Contributors: Samantha Balaton-Chrimes, Frederick Cooper, Solomon M. Gofie, V. Adefemi Isumonah, Cherry Leonardi, John Lonsdale, Eghosa E.Osaghae, Ramola Ramtohul, Aidan Russell, Nicole Ulrich, Chris Vaughan, and Henri-Michel Yéré.
Since the rise of the small-sum lending industry in the 1890s, people on the lowest rungs of the economic ladder in the United States have been asked to pay the greatest price for credit. Again and again, Americans have asked why the most fragile borrowers face the highest costs for access to the smallest loans. To protect low-wage workers in need of credit, reformers have repeatedly turned to law, only to face the vexing question of where to draw the line between necessary protection and overreaching paternalism.
City of Debtors shows how each generation of Americans has tackled the problem of fringe finance, using law to redefine the meaning of justice within capitalism for those on the economic margins. Anne Fleming tells the story of the small-sum lending industry’s growth and regulation from the ground up, following the people who navigated the market for small loans and those who shaped its development at the state and local level. Fleming’s focus on the city and state of New York, which served as incubators for numerous lending reforms that later spread throughout the nation, differentiates her approach from work that has centered on federal regulation. It also reveals the overlooked challenges of governing a modern financial industry within a federalist framework.
Fleming’s detailed work contributes to the broader and ongoing debate about the meaning of justice within capitalistic societies, by exploring the fault line in the landscape of capitalism where poverty, the welfare state, and consumer credit converge.
Many of the documents included were previously scattered in hard-to-find sources, not readily available to instructors and students. Civil Rights and African Americans is the first collection of all the seminal texts of the civil rights struggle, an invaluable scholarly reference and riveting reading for anyone interested in the history of racial conflict in the United States.
Most literature on the Civil War focuses on soldiers, battles, and politics. But for every soldier in the United States Army, there were nine civilians at home. The war affected those left on the home front in many ways. Westward expansion and land ownership increased. The draft disrupted families while a shortage of male workers created opportunities for women that were previously unknown.
The war also enlarged the national government in ways unimagined before 1861. The Homestead Act, the Land Grant College Act, civil rights legislation, the use of paper currency, and creation of the Internal Revenue Service to collect taxes to pay for the war all illustrate how the war fundamentally, and permanently, changed the nation.
The essays in this book, drawn from a wide range of historical expertise and approaching the topic from a variety of angles, explore the changes in life at home that led to a revolution in American society and set the stage for the making of modern America.
Contributors: Jean H. Baker, Jenny Bourne, Paul Finkelman, Guy Gugliotta, Daniel W. Stowell, Peter Wallenstein, Jennifer L. Weber.
American liberals and conservatives alike take for granted a progressive view of the Constitution that took root in the early twentieth century. Richard Epstein laments this complacency which, he believes, explains America’s current economic malaise and political gridlock. Steering clear of well-worn debates between defenders of originalism and proponents of a living Constitution, Epstein employs close textual reading, historical analysis, and political and economic theory to urge a return to the classical liberal theory of governance that animated the framers’ original text, and to the limited government this theory supports.
“[An] important and learned book.”
—Gary L. McDowell, Times Literary Supplement
“Epstein has now produced a full-scale and full-throated defense of his unusual vision of the Constitution. This book is his magnum opus…Much of his book consists of comprehensive and exceptionally detailed accounts of how constitutional provisions ought to be understood…All of Epstein’s particular discussions are instructive, and most of them are provocative…Epstein has written a passionate, learned, and committed book.”
—Cass R. Sunstein, New Republic
Pairs passages from works of classical rhetoric with contemporary legal rulings to highlight and analyze their deep and abiding connections in matters of persuasion
Classical Rhetoric and Contemporary Law: A Critical Reader is a rich work that analyzes the interplay between ancient rhetorical traditions and modern legal practice, reestablishing the lost connections between law and classical rhetoric. From Isocrates’s Panegyricus in 380 BCE to the landmark US Supreme Court case Trump v. Hawaii in 2018, and from Antiphon’s fifth century BCE First Tetralogy to 1995’s O. J. Simpson trial, the volume draws on an array of sources to illuminate how ancient rhetorical insights may even today challenge and enrich our grasp of contemporary legal principles.
The collection opens with a brisk review of the historical development of rhetoric. The second part examines a pair of rhetorical theorists whose works frame the period across which classical rhetoric declined as a mode of thought. A contemporary appellate case contrasts with the work of Giambattista Vico, an eighteenth-century professor of rhetoric who warned of the separation of law from rhetoric. The analysis of the work of twentieth-century scholars Chaïm Perelman and Lucie Olbrects-Tyteca shows that where Cartesian rationality fails, the humanistic tradition of rhetoric allows the law to respond to the needs of justice. In the third part, ten case studies bring together a classical rhetorical theorist with a contemporary court case, demonstrating the abiding relevance of the classical tradition to contemporary jurisprudence.
With its cross-disciplinary appeal, Classical Rhetoric and Contemporary Law encompasses the work of legal, rhetorical, English, and communication scholars alike, catalyzing interactive exploration into the profound ways ancient rhetorical insights continue to shape our comprehension of today’s legal landscape.
CONTRIBUTORS
Vasileios Adamidis / Elizabeth C. Britt / Kirsten K. Davis / David A. Frank / Michael Gagarin / Eugene Garver / Mark A. Hannah / Catherine L. Langford / Brian N. Larson / Craig A. Meyer / Francis J. Mootz III / Susan E. Provenzano / Nick J. Sciullo / Kristen K. Tiscione / Laura A. Webb
This volume explores the issues associated with the complex subject of water quality protection in an assessment of the successes and failures of the Clean Water Act over the past twenty years. In addition to examining traditional indicators of water quality, the authors consider how health concerns of the public have been addressed, and present a detailed examination of the ecological health of our waters. Taken together, these measures present a far more complete and balanced picture than raw water quality data alone.
As well as reviewing past effectiveness, the book includes specific recommendations for the reauthorization of the Act, which is to be considered by Congress in 1995. This balanced and insightful account will surely shape the debate among legislative and policy experts and citizen activists at all levels who are concerned with issues of water quality.
Drawing on work in philosophy, psychology, anthropology, linguistics, and literary theory, Steven L. Winter has created nothing less than a tour de force of interdisciplinary analysis. A Clearing in the Forest rests on the simple notion that the better we understand the workings of the mind, the better we will understand all its products-especially law. Legal studies today focus on analytic skills and grand normative theories. But, to understand how real-world, legal actors reason and decide, we need a different set of tools. Cognitive science provides those tools, opening a window on the imaginative, yet orderly mental processes that animate thinking and decisionmaking among lawyers, judges, and lay persons alike. Recent findings about how humans actually categorize and reason make it possible to explain legal reasoning in new, more cogent, more productive ways.
A Clearing in the Forest is a compelling meditation on both how the law works and what it all means. In uncovering the irrepressibly imaginative, creative quality of human reason, Winter shows how what we are learning about the mind changes not only our understanding of law, but ultimately of ourselves. He charts a unique course to understanding the world we inhabit, showing us the way to the clearing in the forest.
CLE has become an increasingly popular method of legal education in recent years. By the end of 2013 at least 70% of all law schools in the United Kingdom were delivering some type of CLE, and 25% of these offered credit-bearing CLE programs. It is almost certain that this number will increase in the years to come with the advent of the forthcoming Solicitors’ Qualifying Examination, which will allow time spent volunteering in a student law clinic to count as “qualifying work experience.” However, despite the popularity of CLE, there is currently very little information available about the best practices for setting up and delivering these programs.
The Handbook seeks to remedy this gap, offering an invaluable resource to staff involved in running law clinics, both as a practical guide to establishing and running their programs and as a teaching resource and recommended text on clinical programs. It will also act as a resource for clinical legal education researchers who wish to engage in regulatory, pedagogic, and legal service delivery research in this area.
Clarence Darrow, son of a village undertaker and coffinmaker, rose to become one of America’s greatest attorneys—and surely its most famous. The Ohio native gained renown for his central role in momentous trials, including his 1924 defense of Leopold and Loeb and his defense of Darwinian principles in the 1925 Scopes “Monkey Trial.” Some have traced Darrow’s lifelong campaign against capital punishment to his boyhood terror at seeing a Civil War soldier buried—and no client of Darrow’s was ever executed, not even black men who were accused of murder for killing members of a white mob.
Closing Arguments: Clarence Darrow on Religion, Law, and Society collects, for the first time, Darrow’s thoughts on his three main preoccupations, revealing a carefully conceived philosophy expressed with delightful pungency and clarity. His thoughts on social issues, especially on the dangers of religious fundamentalism, are uncannily prescient. A dry humor infuses his essays, and his reflections on himself and his philosophy reveal a quiet dignity at the core of a man better known for provoking Americans during an era of unprecedented tumult. From the wry “Is the Human Race Getting Anywhere?” to the scornful “Patriotism” and his elegiac summing up, “At Seventy-two,” Darrow’s writing still stimulates, pleases and challenges.
A rebel who always sided intellectually and emotionally with the minority, Darrow remains a figure to contend with sixty-seven years after his death. “Inside every lawyer is the wreck of a poet,” Darrow once said. Closing Arguments demonstrates that, in his case, that statement is true.
The book considers the ability of sector-based management, spatial management, and ecosystem-based management to solve critical environmental problems. Evaluating governance successes and failures, Burroughs covers topics including sewage disposal, dredging, wetlands, watersheds, and fisheries. He shows that at times sector-based management, which focuses on separate, individual uses of the coasts, has been implemented effectively. But he also illustrates examples of conflict, such as the incompatibility of waste disposal and fishing in the same waters. Burroughs assesses spatial and ecosystem-based management’s potential to address these conflicts.
The book familiarizes students not only with current management techniques but with the policy process. By focusing on policy development, Coastal Governance prepares readers with the knowledge to participate effectively in a governance system that is constantly evolving. This understanding will be critical as students become managers, policymakers, and citizens who shape the future of the coasts.
People differ in their cognitive styles—their ways of getting and using information to solve problems and make decisions. Alfred G. Smith and his associates studied these differences in a selected group of over 800 students at a score of law schools throughout the United States. Two major cognitive styles were identified: that of the monopath, who follows a single route of established principles and procedures, and that of the polypath, who takes many routes, as circumstances suggest.
A battery of both original and standard tests was administered to both law students and their professors to investigate differences in cognitive style and their relationships to self-image, anxiety, and academic achievement. This also revealed differences in prevailing styles at different schools.
The results will be of special interest to readers concerned with legal education, to psychologists, and to behavioral scientists. The research format developed here will serve equally well for raising significant questions about the professions of medicine, education, social work, and others in which cognitive and communication styles play a central role in determining outcomes.
The rule of law has vanished in America’s criminal justice system. Prosecutors now decide whom to punish and how severely. Almost no one accused of a crime will ever face a jury. Inconsistent policing, rampant plea bargaining, overcrowded courtrooms, and ever more draconian sentencing have produced a gigantic prison population, with black citizens the primary defendants and victims of crime. In this passionately argued book, the leading criminal law scholar of his generation looks to history for the roots of these problems—and for their solutions.
The Collapse of American Criminal Justice takes us deep into the dramatic history of American crime—bar fights in nineteenth-century Chicago, New Orleans bordellos, Prohibition, and decades of murderous lynching. Digging into these crimes and the strategies that attempted to control them, Stuntz reveals the costs of abandoning local democratic control. The system has become more centralized, with state legislators and federal judges given increasing power. The liberal Warren Supreme Court’s emphasis on procedures, not equity, joined hands with conservative insistence on severe punishment to create a system that is both harsh and ineffective.
What would get us out of this Kafkaesque world? More trials with local juries; laws that accurately define what prosecutors seek to punish; and an equal protection guarantee like the one that died in the 1870s, to make prosecution and punishment less discriminatory. Above all, Stuntz eloquently argues, Americans need to remember again that criminal punishment is a necessary but terrible tool, to use effectively, and sparingly.
Who are the agents of financial regulation? Is good (or bad) financial governance merely the work of legislators and regulators? Here Annelise Riles argues that financial governance is made not just through top-down laws and policies but also through the daily use of mundane legal techniques such as collateral by a variety of secondary agents, from legal technicians and retail investors to financiers and academics and even computerized trading programs.
Drawing upon her ten years of ethnographic fieldwork in the Japanese derivatives market, Riles explores the uses of collateral in the financial markets as a regulatory device for stabilizing market transactions. How collateral operates, Riles suggests, is paradigmatic of a class of low-profile, mundane, but indispensable activities and practices that are all too often ignored as we think about how markets should work and be governed. Riles seeks to democratize our understanding of legal techniques, and demonstrate how these day-to-day private actions can be reformed to produce more effective forms of market regulation.
William Howard Taft’s presidency (1909-1913), succeeding Theodore Roosevelt’s, was mired in bitter partisan fighting, and Taft sometimes blundered politically. However, this son of Cincinnati assumed his true calling when President Warren G. Harding appointed him to the U.S. Supreme Court in 1921. Taft remains the only person to have served both as president of the United States and as chief justice of the Supreme Court.
The Collected Works of William Howard Taft, Volume VIII, consists of “Liberty under Law” and selected Supreme Court opinions, among the most instructive accomplishments of Taft’s ten years at the helm of the court. The writings reveal the sober judgments of a federalist who viewed state regulation with suspicion, championed national government, and saw an independent and powerful judiciary as the bulwark protecting the “vested rights” that the framers of the U.S. Constitution sought to guarantee.
Whatever his failings as a politician, Taft was an intellectual powerhouse who knew how to use the law as a lever to encourage society to move toward more stable and productive ends. Although Taft is considered an average president at best, historians and political scientists rank him among fifteen “near greats” who have served on the high court. His ability and his love for the law shine through in Volume VIII, the concluding volume of The Collected Works of William Howard Taft. As Taft reportedly said to President Harding upon his appointment as chief justice, “I love judges and I love courts. They are my ideals on earth of what we shall meet afterward in heaven under a just God.”
In 2011, Ohio Governor John Kasich and his Republican-controlled legislature passed the radical Senate Bill 5 designed to impede the labor movement, particularly targeting unionized professors. Collective Bargaining and the Battle for Ohio is the story of how professors worked alongside firefighters, police, and janitors to defend universities, the value of higher education, and their collective bargaining rights. Faculty across the state joined “We Are Ohio,” a historic coalition of unions and progressive groups that spearheaded efforts to protect employees’ rights to have a voice in the workplace. A massive political struggle ensued, pitting the labor movement against powerful corporate forces, and on election day, Ohioans defended the middle class by repealing Senate Bill 5 by a nearly 2-1 margin.
In this tenth-anniversary edition, historian, higher education expert, and author John T. McNay updates the introduction and pairs his compelling account with video and articles which highlight the struggles of the union battle.
How does the U.S. Supreme Court shape constitutional and political development? In The Collision of Political and Legal Time, Kimberley Fletcher answers this question by analyzing the key role the Court has played in interpreting presidential decision-making in the area of foreign affairs since 1936. She reconsiders the Curtiss-WrightCourt, which instituted a new constitutional order that established plenary powers independent of congressional delegation. Fletcher also reexamines Japanese internment and detainee cases, demonstrating the entrenchment of the new constitutional order and how presidential ascendency becomes institutionalized. Other cases, such as Youngstown, illustrate how the Court, during a time of war, will check Executive power and authority.
The Collision of Political and Legal Time examines these cases and controversies in foreign policymaking through the twentieth and into the twenty-first centuries to show that the Court is not passive or constrained; it does not merely follow politics or the majority coalition. Through her nuanced analysis, Fletcher makes a larger argument about the role of the U.S. Supreme Court as an agent of change, which ultimately transforms power, shapes politics, and redirects history.
A guide to the colonization and projected decolonization of Native America
In The Colonial Construction of Indian Country, Eric Cheyfitz mounts a pointed historical critique of colonialism through careful analysis of the dialogue between Native American literatures and federal Indian law. Illuminating how these literatures indict colonial practices, he argues that if the decolonization of Indian country is to be achieved, then federal Indian law must be erased and replaced with independent Native nation sovereignty—because subordinate sovereignty, the historical regime, is not sovereignty at all.
At the same time, Cheyfitz argues that Native American literatures, specifically U.S. American Indian literatures, cannot be fully understood without a knowledge of U.S. federal Indian law: the matrix of colonialism in Indian country. Providing intersectional readings of a range of literary and legal texts, he discusses such authors as Louise Erdrich, Frances Washburn, James Welch, Gerald Vizenor, Simon Ortiz, Leslie Marmon Silko, and others. Cheyfitz examines how American Indian writers and critics have responded to the impact of law on Native life, revealing recent trends in Native writing that build upon traditional modes of storytelling and governance.
With a focus on resistance to the colonial regime of federal Indian law, The Colonial Construction of Indian Country not only elucidates how Native American literatures and federal Indian law are each crucial to any reading of the other, it also guides readers to better understand the genocidal assault on Indigenous peoples by Western structures of literacy, politics, and law.
Covering a previously neglected area of Cambodian history, Colonial Law Making explores the structural forces and contingent exchanges that shaped colonial law in Cambodia and examines its post-independence colonial legacy.
The court of King Norodom and the temples of Angkor Wat became orientalist icons in the French colonial imagination, perpetuating an image of the Protectorate (1863–1953) as special and worthy of preservation. This contributed to exceptionalism in the way the Kingdom was colonized, including through law. Drawing on previously unexamined archival material, Sally Low presents a comparative case study of French approaches to colonial law, jurisdiction, and protection. Although the voices of non-elite Cambodians are largely absent from the archives, their influence on colonial law is evident as they resisted efforts to regulate their lives and their land. Low argues that the result was a set of state legal institutions and an indigenous jurisdiction that blended Cambodian and French notions of patronage and royal power as the source and authority for law.
This work is a case study of colonial law as an instrument of control and administration in an indirectly ruled colony. It adds depth to our understanding of the impact of European colonial law and the significance of different forms of colonial rule—direct, indirect, and unofficial. It is easily accessible for non-lawyers and is a must-read for those interested in the recent past of Southeast Asia and the countries that were previously colonized as French Indochina.
“Read this book. It explains so much about the moment…Beautiful, heartbreaking work.”
—Ta-Nehisi Coates
“A deep accounting of how America got to a point where a median white family has 13 times more wealth than the median black family.”
—The Atlantic
“Extraordinary…Baradaran focuses on a part of the American story that’s often ignored: the way African Americans were locked out of the financial engines that create wealth in America.”
—Ezra Klein
When the Emancipation Proclamation was signed in 1863, the black community owned less than 1 percent of the total wealth in America. More than 150 years later, that number has barely budged. The Color of Money seeks to explain the stubborn persistence of this racial wealth gap by focusing on the generators of wealth in the black community: black banks.
With the civil rights movement in full swing, President Nixon promoted “black capitalism,” a plan to support black banks and minority-owned businesses. But the catch-22 of black banking is that the very institutions needed to help communities escape the deep poverty caused by discrimination and segregation inevitably became victims of that same poverty. In this timely and eye-opening account, Baradaran challenges the long-standing belief that black communities could ever really hope to accumulate wealth in a segregated economy.
“Black capitalism has not improved the economic lives of black people, and Baradaran deftly explains the reasons why.”
—Los Angeles Review of Books
“A must read for anyone interested in closing America’s racial wealth gap.”
—Black Perspectives
This book will appeal to at students, non-lawyers involved with water issues, and general readers interested in Colorado’s complex water rights law.
From 1840 to 1960 the profoundest claim of Americans who fought the institution of segregation was that the government had no business sorting citizens by the color of their skin. During these years the moral and political attractiveness of the antidiscrimination principle made it the ultimate legal objective of the American civil rights movement. Yet, in the contemporary debate over the politics and constitutional law of race, the vital theme of antidiscrimination has been largely suppressed. Thus a strong line of argument laying down one theoretical basis for the constitutional protection of civil rights has been lost.
Andrew Kull provides us with the previously unwritten history of the color-blind idea. From the arguments of Wendell Phillips and the Garrisonian abolitionists, through the framing of the Fourteenth Amendment and Justice Harlan's famous dissent in Plessy, civil rights advocates have consistently attempted to locate the antidiscrimination principle in the Constitution. The real alternative, embraced by the Supreme Court in 1896, was a constitutional guarantee of reasonable classification. The government, it said, had the power to classify persons by race so long as it acted reasonably; the judiciary would decide what was reasonable.
In our own time, in Brown v. Board of Education and the decisions that followed, the Court nearly avowed the rule of color blindness that civil rights lawyers continued to assert; instead, it veered off for political and tactical reasons, deciding racial cases without stating constitutional principle. The impoverishment of the antidiscrimination theme in the Court's decision prefigured the affirmative action shift in the civil rights agenda. The social upheaval of the 1960s put the color-blind Constitution out of reach for a quartercentury or more; but for the hard choices still to be made in racial policy, the colorblind tradition of civil rights retains both historical and practical significance.
The Columbia River Treaty Revisited, with contributions from historians, geographers, environmental scientists, and other experts, is intended to facilitate conversation about the impending expiration. It allows the reader, through the close inspection of the Columbia River Basin, to better grasp the uncertainty of water governance. It aids efforts, already underway, to understand changes in the basin since the treaty was passed, to predict future changes, and to determine whether alteration of the treaty is ultimately advisable.
The Columbia River Treaty Revisited will appeal to those interested in water basin management–scholars, stakeholders, and residents of the Columbia River basin alike.
A Project of the Universities Consoritum on Columbia River Governance
The Universities Consortium on Columbia River Governance, with representatives from universities in the U.S. and Canada, formed to offer a nonpartisan platform to facilitate an informed, inclusive, international dialogue among key decision-makers and other interested people and organizations; to connect university research to problems faced within the basin; and to expose students to a complex water resources problem. The Consortium organized the symposium on which this volume is based.
The Commentaries is divided into four books. The first, introduced by Stanley N. Katz, deals with what Blackstone called "the rights of persons," what a modern lawyer would call constitutional law, the legal structure of government. Book II includes an introduction by A. W. Brian Simpson and describes the law of property. Book III, introduced by John H. Langbein, analyzes civil procedure and remedies. The last book, which is devoted to criminal law and procedure, includes an introduction by Thomas A. Green.
Now regarded as a literary, as well as a legal classic, Blackstone's Commentaries brilliantly laid out the system of English law in the mid-eighteenth century, demonstrating that as a system of justice, it was comparable to Roman law and the civil law of the Continent. Ironically, the work also revealed to the colonists the insufficiencies of the system and became a model for the legal system of the fledgling American nation in 1789. Supplemented with commentary by experts in the field, these classic facsimile volumes belong on every lawyer's bookshelves.
Volume I: Of the Rights of Persons (1765)
Volume II: Of the Rights of Things (1766)
Volume III: Of Private Wrongs (1768)
Volume IV: Of Public Wrongs (1769)
Previously available only in an expensive hardcover set, Commentaries on the Laws of England is published here in four separate volumes, each one affordably priced in a paperback edition. These works are facsimiles of the eighteenth-century first edition and are undistorted by later interpolations. Each volume deals with a particular field of law and carries with it an introduction by a leading contemporary scholar.
In his introduction to this first volume, Of the Rights of Persons, Stanley N. Katz presents a brief history of Blackstone's academic and legal career and his purposes in writing the Commentaries. Katz discusses Blackstone's treatment of the structure of the English legal system, his attempts to justify it as the best form of government, and some of the problems he encountered in doing so.
Previously available only in an expensive hardcover set, Commentaries on the Laws of England is published here in four separate volumes, each one affordably priced in a paperback edition. These works are facsimiles of the eighteenth-century first edition and are undistorted by later interpolations. Each volume deals with a particular field of law and carries with it an introduction by a leading contemporary scholar.
Introducing this second volume, Of the Rights of Things, A. W. Brian Simpson discusses the history of Blackstone's theory of various aspects of property rights—real property, feudalism, estates, titles, personal property, and contracts—and the work of his predecessors.
Previously available only in an expensive hardcover set, Commentaries on the Laws of England is published here in four separate volumes, each one affordably priced in a paperback edition. These works are facsimiles of the eighteenth-century first edition and are undistorted by later interpolations. Each volume deals with a particular field of law and carries with it an introduction by a leading contemporary scholar.
Introducing this third volume, Of Private Wrongs, John H. Langbein discusses Blackstone's account of procedure and jurisdiction, jury trial, and equity. He also examines Blackstone's uneasy attitude toward the celebrated legal frictions of English civil procedure.
Previously available only in an expensive hardcover set, Commentaries on the Laws of England is published here in four separate volumes, each one affordably priced in a paperback edition. These works are facsimiles of the eighteenth-century first edition and are undistorted by later interpolations. Each volume deals with a particular field of law and carries with it an introduction by a leading contemporary scholar.
Introducing this fourth and final volume, Of Public Wrongs, Thomas A. Green examines Blackstone's attempt to rationalize the severity of the law with what he saw as the essentially humane inspiration of English law. Green discusses Blackstone's ideas on criminal law, criminal procedure, and sentencing.
In demonstrating how the understanding of property as a private basis for the public good has competed with the better-known market-oriented conception, Alexander radically rewrites the history of property, with significant implications for current political debates and recent Supreme Court decisions.
Americans are losing faith in their courts. After long delays, judges often get rid of cases for technical reasons, or force litigants to settle rather than issue a decision. When they do decide cases, we can't understand why.
The Common Flaw seeks to rid the American lawsuit of this needless complexity. The book proposes fifty changes from the filing of a complaint in court to the drafting of appellate decisions to replace the legal system’s formalism with a kind of humanism. Thomas G. Moukawsher calls for courts that decide cases promptly based more on the facts than the law, that prioritize the parties involved over lawyers, that consider the consequences for the people and the public, and that use words we can all understand. Sure to spark an important conversation about court reform, The Common Flaw makes the case for a more effective and credible legal system with warmth and humor, incorporating cartoons alongside insightful reflection.
One narrative is based on an idea of the law as magisterial and remote. Another views the law as a game with rules that can be manipulated to one's advantage. A third narrative describes the law as an arbitrary power that is actively resisted. Drawing on these extensive case studies, Ewick and Silbey present individual experiences interwoven with an analysis that charts a coherent and compelling theory of legality. A groundbreaking study of law and narrative, The Common Place of Law depicts the institution as it is lived: strange and familiar, imperfect and ordinary, and at the center of daily life.
For the first time in our history, U.S. prisons house over a million inmates, enough to populate a city larger than San Francisco. Building prisons is the new growth industry, as the American public reacts to a perceived increase in violence and politicians take a hard line toward crime. But this eagerness to construct more prisons raises basic questions about what the community wants and will tolerate and what the Supreme Court will sanction.
In this timely book, Norman Finkel looks at the relationship between the “law on the books,” as set down in the Constitution and developed in cases and decisions, and what he calls “commonsense justice,” the ordinary citizen’s notions of what is just and fair. Law is an essentially human endeavor, a collection of psychological theories about why people think, feel, and behave as they do, and when and why we should find some of them blameworthy and punishable. But is it independent of community sentiment, as some would contend? Or, as Finkel suggests, do juries bring the community’s judgment to bear on the moral blameworthiness of the defendant? When jurors decide that the law is unfair, or the punishment inappropriate for a particular defendant, they have sometimes nullified the law.
Nullification represents the jury’s desire not to defeat but “to perfect and complete” the law. It is the “no confidence” vote of commonsense justice refusing to follow the path the law has marked out—and pointing to a new path based on what seem to be more just grounds. Finkel brings to life the story behind the jury and judicial decisions, interweaving anecdotes, case law, and social science research to present a balanced and comprehensive view of important legal and social policy issues.
Gad Barzilai addresses such questions as: What is a communal legal culture, and what is its relevance for relations between state and society in the midst of globalization? How do nonliberal communal legal cultures interact with transnational American-led liberalism? Is current liberalism, with its emphasis on individual rights, litigation, and adjudication, sufficient to protect pluralism and multiculturalism? Why should democracies encourage the collective rights of nonruling communities and protect nonliberal communal cultures in principle and in practice? He looks at Arab-Palestinians, feminists, and ultra-Orthodox Jews in Israel as examples of the types of communities discussed. Communities and Law contributes to our understanding of the severe tensions between democracies, on the one hand, and the challenge of their minority communities, on the other, and suggests a path toward resolving the resulting critical issues.
Gad Barzilai is Professor of Political Science and Law and Co-Director of the Law, Politics and Society Program, Department of Political Science, Tel Aviv University.
Combining history and theory, Powell analyzes a series of constitutional controversies from 1790 to 1944 to demonstrate that constitutional law from its very beginning has involved politically charged and ideologically divisive arguments. Nowhere in our past can one find the golden age of apolitical constitutional thinking that a great deal of contemporary scholarship seeks or presupposes. Viewed over time, American constitutional law is a history of political dispute couched in constitutional terms.
Powell then takes his conclusions one step further, claiming that it is precisely this historical tradition of argument that has given American constitutional law a remarkable coherence and integrity over time. No matter what the particular political disputes of the day might be, constitutional argument has provided a shared language through which our political community has been able to fight out its battles without ultimately fracturing.
A Community Built on Words will be must reading for any student of constitutional history, theory, or law.
In this book William H. Simon provides the first comprehensive examination of the evolution of Community Economic Development, complete with an analysis of its operating premises and strategies. He describes the profusion of new institutional forms that have arisen from the movement, amalgamations that cut across conventional distinctions—such as those between private and public—and that encompass the efforts of nonprofits, cooperatives, churches, business corporations, and public agencies. Combining local political mobilization with entrepreneurial initiative and electoral accountability with market competition, this phenomenon has catalyzed new forms of property rights designed to motivate investment and civic participation while curbing the dangers of speculation and middle-class flight.
With its examination of many localities and its appraisal of the strengths and weaknesses of the prevailing approach to Community Economic Development, this book will be a valuable resource for local housing, job, and business development officials; community activists; and students of law, business, and social policy.
Included in Choice's Top 75 Titles and Resources for Community College Libraries
Faculty, students, and colleagues come to you with copyright questions, both simple and complex. And they all want reliable answers—as fast as you can get them. With this guide, designed for ready access, you’ll be prepared to deliver. Lawyer, copyright librarian, and iSchool instructor Benson presents succinct explanations ideal for both on-the-fly reference and staff training. Copyright specialists will appreciate excerpts from the law itself alongside tools and resources for digging deeper. Practical discussions of key legal concepts, illustrated using 52 scenarios, will lead you to fast, accurate answers on a range of topics, such as
- barriers to using the TEACH Act provisions in content for online teaching;
- showing a full-length movie in a university class;
- public domain and the 1998 Sonny Bono Copyright Term Extension Act;
- your legal options when receiving a DMCA take-down notice;
- court interpretations of fair use in three key recent cases;
- Creative Commons licenses, complete with a quick reference chart;
- library rights to license photographs in a digital collection;
- using letters under copyright in a special collections display case;
- a grad student’s right to use in a thesis writing published in their professor’s journal article;
- applying the implied license option to post historical student dissertations in institutional repositories;
- the Marrakesh Treaty provision supporting transfer of accessible works internationally; and
- limiting factors for interlibrary loan.
Mattei shows how concepts from economics can be applied to the study of comparative law. He then applies the concepts to several significant problems in comparative law, including the history and sources of law, differences between civil and common law systems, and the reasons for legal change and the movement of law from one country to another. He looks at specific problems in property, contracts, and trust law. Finally he uses the insights he has developed to understand the issues involved in changing law in developing countries and in formerly socialist countries.
This book will be of interest to scholars of law, economics, and development, as well as those interested in transformation in formerly communist states.
Ugo Mattei is Alfred and Hanna Fromm Professor of International and Comparative Law, Hastings College of Law, University of California; and Professor of Civil Law, University of Trento.
For the most part, competition policy literature has focused on large economies. Yet the economic paradigms on which such policies are based do not necessarily apply to small market economies. This book demonstrates that optimal competition policy is very much dependent on the size of an economy. Whether and how firms compete is a matter of the natural conditions of the markets in which firms operate. A critical feature of small economies is the concentrated nature of many of their markets, which are often protected by high entry barriers. Competition policy must be designed to deal effectively with these unique obstacles to competition. Accordingly, applying the same competition policy to all economies alike may be contrary to the policy's goals.
Michal Gal's thorough analysis shows the effects of market size on competition policy, ranging from rules of thumb to more general policy prescriptions, such as goals and remedial tools. Competition policy in small economies is becoming increasingly important, since the number of small jurisdictions adopting such policy is rapidly growing. Gal's focus extends beyond domestic competition policy to the evaluation of the current trend toward the worldwide harmonization of policies. This book will provide important guidance to academics, policy makers, and practitioners of competition policy as well as to anyone interested in the globalization of competition laws.
The Complete Anti-Federalist, first published in 1981, contains an unprecedented collection of all the significant pamphlets, newspaper articles and letters, essays, and speeches that were written in opposition to the Constitution during the ratification debate. Storing’s work includes introductions to each entry, along with his own consideration of the Anti-Federalist thought.
This new three-volume set includes all the contents of the original seven-volume publication in a convenient, manageable format.
“A work of magnificent scholarship. Publication of these volumes is a civic event of enduring importance.”—Leonard W. Levy, New York Times Book Review
This ground-breaking rhetorical analysis examines a 1987 Massachusetts law affecting infertility treatment and the cultural context that makes such a law possible
Elizabeth C. Britt uses a Massachusetts statute requiring insurance coverage for infertility as a lens through which the work of rhetoric in complex cultural processes can be better understood. Countering the commonsensical notion that mandatory insurance coverage functions primarily to relieve the problem of infertility, Britt argues instead that the coverage serves to expose its contours.
Britt finds that the mandate, operating as a technology of normalization, helps to identify the abnormal (the infertile) and to create procedures by which the abnormal can be subjected to reform. In its role in normalizing processes, the mandate is more successful when it sustains, rather than resolves, the distinction between the normal and the abnormal. This distinction is achieved in part by the rhetorical mechanism of the double bind. For the middle-class white women who are primarily served by the mandate, these double binds are created both by the desire for success, control, and order and by adherence to medical models that often frustrate these same desires. The resulting double binds help to create and sustain the tension between fertility and infertility, order and discontinuity, control and chaos, success and failure, tensions that are essential for the process of normalization to continue.
Britt uses extensive interviews with women undergoing fertility treatments to provide the foundation for her detailed analysis. While her study focuses on the example of infertility, it is also more broadly a commentary on the power of definition to frame experience, on the burdens and responsibilities of belonging to social collectives, and on the ability of rhetorical criticism to interrogate cultural formations.
John Phillip Reid goes on to argue that it was generally the application, not the definition, of these rights that was disputed. The sole—and critical—exception concerned the right of representation. American perceptions of the responsibility of representatives to their constituents, the necessity of equal representation, and the constitutional function of consent had diverged gradually, but significantly, from British tradition. Drawing on his mastery of eighteenth-century legal thought, Reid explores the origins and shifting meanings of representation, consent, arbitrary rule, and constitution. He demonstrates that the controversy which led to the American Revolution had more to do with jurisprudential and constitutional principles than with democracy and equality. This book will interest legal historians, Constitutional scholars, and political theorists.
Winner of the John Hope Franklin Prize
A Moyers & Company Best Book of the Year
“[A] brilliant work that tells us how directly the past has formed us.”
—Darryl Pinckney, New York Review of Books
Lynch mobs, chain gangs, and popular views of black southern criminals that defined the Jim Crow South are well known. We know less about the role of the urban North in shaping views of race and crime in American society.
Following the 1890 census, the first to measure the generation of African Americans born after slavery, crime statistics, new migration and immigration trends, and symbolic references to America as the promised land of opportunity were woven into a cautionary tale about the exceptional threat black people posed to modern urban society. Excessive arrest rates and overrepresentation in northern prisons were seen by many whites—liberals and conservatives, northerners and southerners—as indisputable proof of blacks’ inferiority. In the heyday of “separate but equal,” what else but pathology could explain black failure in the “land of opportunity”?
The idea of black criminality was crucial to the making of modern urban America, as were African Americans’ own ideas about race and crime. Chronicling the emergence of deeply embedded notions of black people as a dangerous race of criminals by explicit contrast to working-class whites and European immigrants, Khalil Gibran Muhammad reveals the influence such ideas have had on urban development and social policies.
READERS
Browse our collection.
PUBLISHERS
See BiblioVault's publisher services.
STUDENT SERVICES
Files for college accessibility offices.
RECENTLY PUBLISHED
UChicago Accessibility Resources
home | accessibility | search | about | contact us
BiblioVault ® 2001 - 2024
The University of Chicago Press