“Out of many, one.” But how do the many become one without sacrificing difference or autonomy? This problem was critical to both identity formation and state formation in late 18th- and 19th-century America. The premise of this book is that American writers of the time came to view the resolution of this central philosophical problem as no longer the exclusive province of legislative or judicial documents but capable of being addressed by literary texts as well.
The project of E Pluribus Unum is twofold. Its first and underlying concern is the general philosophic problem of the one and the many as it came to be understood at the time. W. C. Harris supplies a detailed account of the genealogy of the concept, exploring both its applications and its paradoxes as a basis for state and identity formation.
Harris then considers the perilous integration of the one and the many as a motive in the major literary accomplishments of 19th-century U.S. writers. Drawing upon critical as well as historical resources and upon contexts as diverse as cosmology, epistemology, poetics, politics, and Bible translation, he discusses attempts by Poe, Whitman, Melville, and William James to resolve the problems of social construction caused by the paradox of e pluribus unum by writing literary and philosophical texts that supplement the nation’s political founding documents.
Poe (Eureka), Whitman (Leaves of Grass), Melville (Billy Budd), and William James (The Varieties of Religious Experience) provide their own distinct, sometimes contradictory resolutions to the conflicting demands of diversity and unity, equality and hierarchy. Each of these texts understands literary and philosophical writing as having the potential to transform-conceptually or actually-the construction of social order.
This work will be of great interest to literary and constitutional scholars.
This book is the first of its kind to bring transparency to the FBI’s attempts to destroy the incipient Chicano Movement of the 1960s. While the activities of the deep state are current research topics, this has not always been the case. The role of the U.S. government in suppressing marginalized racial and ethnic minorities began to be documented with the advent of the Freedom of Information Act and most recently by disclosures of whistle blowers. This book utilizes declassified files from the FBI to investigate the agency’s role in thwarting Cesar E. Chavez’s efforts to build a labor union for farm workers and documents the roles of the FBI, California state police, and local police in assisting those who opposed Chavez. Ultimately, The Eagle Has Eyes is a must-read for academics and activists alike.
"A wonderful character study of someone whose cognitive dissonance ('I am brilliant, therefore I must be doing everything correctly') led directly to his downfall. Students would do well to read this book before venturing forth into a large firm, a small firm, or any pressure-cooker environment."
-Nancy Rapoport, University of Houston Law Center
"Eat What You Kill is gripping and well written. . . . It weaves in academic commentary and understanding of professional ethics issues in a way that makes it accessible to everyone."
-Frank Partnoy, University of San Diego Law School
He had it all, and then he lost it. But why did he do it, risking everything-wealth, success, livelihood, freedom, and the security of family?
Eat What You Kill is the story of John Gellene, a rising star and bankruptcy partner at one of Wall Street's most venerable law firms. But when Gellene became entangled in a web of conflicting corporate and legal interests involving one of his clients, he was eventually charged with making false statements, indicted, found guilty of a federal crime, and sentenced to prison.
Milton C. Regan Jr. uses Gellene's case to prove that such conflicting interests are now disturbingly commonplace in the world of American corporate finance. Combining a journalist's eye with sharp psychological insight, Regan spins Gellene's story into a gripping drama of fundamental tensions in modern-day corporate practice and describes in perfect miniature the inexorable confluence of the interests of American corporations and their legal counselors.
This confluence may seem natural enough, but because these law firms serve many masters-corporations, venture capitalists, shareholder groups-it has paradoxically led to deep, pervasive conflicts of interest. Eat What You Kill gives us the story of a man trapped in this labyrinth, and reveals the individual and systemic factors that contributed to Gellene's demise.
Accident law, if properly designed, is capable of reducing the incidence of mishaps by making people act more cautiously. Scholarly writing on this branch of law traditionally has been concerned with examining the law for consistency with felt notions of right and duty. Since the 1960s, however, a group of legal scholars and economists have focused on identifying the effects of accident law on people's behavior. Steven Shavell's book is the definitive synthesis of research to date in this new field.
Exchange of goods and ideas among nations, cross-border pollution, global warming, and international crime pose formidable questions for international law. Two respected scholars provide an intellectual framework for assessing these problems from a rational choice perspective and describe conditions under which international law succeeds or fails.
This book takes a fresh look at the most dynamic area of American law today, comprising the fields of copyright, patent, trademark, trade secrecy, publicity rights, and misappropriation. Topics range from copyright in private letters to defensive patenting of business methods, from moral rights in the visual arts to the banking of trademarks, from the impact of the court of patent appeals to the management of Mickey Mouse. The history and political science of intellectual property law, the challenge of digitization, the many statutes and judge-made doctrines, and the interplay with antitrust principles are all examined. The treatment is both positive (oriented toward understanding the law as it is) and normative (oriented to the reform of the law).
Previous analyses have tended to overlook the paradox that expanding intellectual property rights can effectively reduce the amount of new intellectual property by raising the creators' input costs. Those analyses have also failed to integrate the fields of intellectual property law. They have failed as well to integrate intellectual property law with the law of physical property, overlooking the many economic and legal-doctrinal parallels.
This book demonstrates the fundamental economic rationality of intellectual property law, but is sympathetic to critics who believe that in recent decades Congress and the courts have gone too far in the creation and protection of intellectual property rights.
Table of Contents:
Introduction 1. The Economic Theory of Property 2. How to Think about Copyright 3. A Formal Model of Copyright 4. Basic Copyright Doctrines 5. Copyright in Unpublished Works 6. Fair Use, Parody, and Burlesque 7. The Economics of Trademark Law 8. The Optimal Duration of Copyrights and Trademarks 9. The Legal Protection of Postmodern Art 10. Moral Rights and the Visual Artists Rights Act 11. The Economics of Patent Law 12. The Patent Court: A Statistical Evaluation 13. The Economics of Trade Secrecy Law 14. Antitrust and Intellectual Property 15. The Political Economy of Intellectual Property Law
Conclusion Acknowledgments Index
Reviews of this book: Chicago law professor William Landes and his polymath colleague Richard Posner have produced a fascinating new book...[The Economic Structure of Intellectual Property Law] is a broad-ranging analysis of how intellectual property should and does work...Shakespeare's copying from Plutarch, Microsoft's incentives to hide the source code for Windows, and Andy Warhol's right to copyright a Brillo pad box as art are all analyzed, as is the question of the status of the all-bran cereal called 'All-Bran.' --Nicholas Thompson, New York Sun
Reviews of this book: Landes and Posner, each widely respected in the intersection of law and economics, investigate the right mix of protection and use of intellectual property (IP)...This volume provides a broad and coherent approach to the economics and law of IP. The economics is important, understandable, and valuable. --R. A. Miller, Choice
Intellectual property is the most important public policy issue that most policymakers don't yet get. It is America's most important export, and affects an increasingly wide range of social and economic life. In this extraordinary work, two of America's leading scholars in the law and economics movement test the pretensions of intellectual property law against the rationality of economics. Their conclusions will surprise advocates from both sides of this increasingly contentious debate. Their analysis will help move the debate beyond the simplistic ideas that now tend to dominate. --Lawrence Lessig, Stanford Law School, author of The Future of Ideas: The Fate of the Commons in a Connected World
An image from modern mythology depicts the day that Einstein, pondering a blackboard covered with sophisticated calculations, came to the life-defining discovery: Time = $$. Landes and Posner, in the role of that mythological Einstein, reveal at every turn how perceptions of economic efficiency pervade legal doctrine. This is a fascinating and resourceful book. Every page reveals fresh, provocative, and surprising insights into the forces that shape law. --Pierre N. Leval, Judge, U.S. Court of Appeals, Second Circuit
The most important book ever written on intellectual property. --William Patry, former copyright counsel to the U.S. House of Representatives, Judiciary Committee
Given the immense and growing importance of intellectual property to modern economies, this book should be welcomed, even devoured, by readers who want to understand how the legal system affects the development, protection, use, and profitability of this peculiar form of property. The book is the first to view the whole landscape of the law of intellectual property from a functionalist (economic) perspective. Its examination of the principles and doctrines of patent law, copyright law, trade secret law, and trademark law is unique in scope, highly accessible, and altogether greatly rewarding. --Steven Shavell, Harvard Law School, author of Foundations of Economic Analysis of Law
This book presents policymakers and scholars with an over-arching analytical model of international law, one that demonstrates the potential of international law, but also explains how policymakers should choose among different international legal structures.
Eco-pragmatism takes on the most critical controversies in environmental law today: how to weigh economic costs against environmental quality and human life, how to assess the long time horizons of environmental problems, and how to make appropriate decisions in the face of scientific uncertainty about the scope of environmental problems.
"A comprehensive well-argued effort to address many of the most difficult issues facing legislators concerned with environmental issues."—Stephen P. Adamian, Boston Book Review
"A timely and well-argued contribution."—Calestous Juma, Nature
"This body of research not only passes academic muster but is the best guidepost in existence for activists who are trying to use the ballot initiative process for larger policy and political objectives."
--Kristina Wilfore, Executive Director, Ballot Initiative Strategy Center and Foundation
Educated by Initiative moves beyond previous evaluations of public policy to emphasize the educational importance of the initiative process itself. Since a majority of ballots ultimately fail or get overturned by the courts, Smith and Tolbert suggest that the educational consequences of initiative voting may be more important than the outcomes of the ballots themselves. The result is a fascinating and thoroughly-researched book about how direct democracy teaches citizens about politics, voting, civic engagement and the influence of special interests and political parties. Designed to be accessible to anyone interested in the future of American democracy, the book includes boxes (titled "What Matters") that succinctly summarize the authors' data into easily readable analyses.
Daniel A. Smith is Associate Professor of Political Science at the University of Florida.
Caroline J. Tolbert is Associate Professor of Political Science at Kent State University.
Ekklesia: Three Inquiries in Church and State offers a New World rejoinder to the largely Europe-centered academic discourse on church and state. In contrast to what is often assumed, in the Americas the relationship between church and state has not been one of freedom or separation but one of unstable and adaptable collusion. Ekklesia sees in the settler states of North and South America alternative patterns of conjoined religious and political power, patterns resulting from the undertow of other gods, other peoples, and other claims to sovereignty. These local challenges have led to a continuously contested attempt to realize a church-minded state, a state-minded church, and the systems that develop in their concert. The shifting borders of their separation and the episodic conjoining of church and state took new forms in both theory and practice.
The first of a closely linked trio of essays is by Paul Johnson, and offers a new interpretation of the Brazilian community gathered at Canudos and its massacre in 1896–97, carried out as a joint churchstate mission and spectacle. In the second essay, Pamela Klassen argues that the colonial churchstate relationship of Canada came into being through local and national practices that emerged as Indigenous nations responded to and resisted becoming “possessions” of colonial British America. Finally, Winnifred Sullivan’s essay begins with reflection on the increased effort within the United States to ban Bibles and scriptural references from death penalty courtrooms and jury rooms; she follows with a consideration of the political theological pressure thereby placed on the jury that decides between life and death. Through these three inquiries, Ekklesia takes up the familiar topos of “church and state” in order to render it strange.
“Solomon’s fascinating and sweeping history of the legal fight over mandatory school prayers is compelling, judicious, and elegantly written. Fabulous!”
—David Rudenstine, Dean, Benjamin N. Cardozo School of Law, Yeshiva University
“Stephen Solomon’s Ellery’s Protest provides a brilliant analysis of a major Supreme Court decision that redefined the relationship between church and state almost a half century ago. This study goes well beyond simply offering a gripping account of the course of litigation that brought before the Justices the contentious issue of prayer and Bible reading in public schools, though the thoroughness of that account would merit careful reading by itself. Especially impressive is the author’s deep probing of hitherto neglected sources, and invaluable primary material including extensive direct contact with the plaintiff, the ‘Ellery’ of the book’s title. Finally, and perhaps most impressive, is Solomon’s careful placement of the issue and the case in a far broader context that is as critical to national life and policy today as it was four and a half decades ago when the high Court first tackled these questions.”
—Robert O’Neil, Professor of Law, University of Virginia
Great legal decisions often result from the heroic actions of average citizens. Ellery’s Protest is the story of how one student’s objection to mandatory school prayer and Bible reading led to one of the most controversial court cases of the twentieth century—and a decision that still reverberates in the battle over the role of religion in public life.
Abington School District v. Schempp began its journey through the nation’s courts in 1956, when sixteen-year-old Ellery Schempp protested his public school’s compulsory prayer and Bible-reading period by reading silently from the Koran. Ejected from class for his actions, Schempp sued the school district. The Supreme Court’s decision in his favor was one of the most important rulings on religious freedom in our nation’s history. It prompted a conservative backlash that continues to this day, in the skirmishes over school prayer, the teaching of creationism and intelligent design, and the recitation of the Pledge of Allegiance with the phrase “under God.”
Author Stephen D. Solomon tells the fascinating personal and legal drama of the Schempp case: the family’s struggle against the ugly reactions of neighbors, and the impassioned courtroom clashes as brilliant lawyers on both sides argued about the meaning of religious freedom. But Schempp was not the only case challenging religious exercises in the schools at the time, and Ellery’s Protest describes the race to the Supreme Court among the attorneys for four such cases, including one involving the colorful atheist Madalyn Murray.
Solomon also explores the political, cultural, and religious roots of the controversy. Contrary to popular belief, liberal justices did not kick God out of the public schools. Bitter conflict over school Bible reading had long divided Protestants and Catholics in the United States. Eventually, it was the American people themselves who removed most religious exercises from public education as a more religiously diverse nation chose tolerance over sectarianism. Ellery’s Protest offers a vivid account of the case that embodied this change, and a reminder that conservative justices of the 1950s and 60s not only signed on to the Schempp decision, but strongly endorsed the separation of church and state.
Americans have died for the right to vote. Yet our democratic system guarantees no one, not even citizens, the opportunity to elect a government. Allan Lichtman calls attention to the founders’ greatest error—leaving the franchise to the discretion of individual states—and explains why it has triggered an unending struggle over voting rights.
For much of the twentieth century, industrialized nations addressed social problems, such as workers' compensation benefits and social welfare programs, in terms of spreading risk. But in recent years a new approach has emerged: using risk both as a way to conceive of and address social problems and as an incentive to reduce individual claims on collective resources.
Embracing Risk explores this new approach from a variety of perspectives. The first part of the book focuses on the interplay between risk and insurance in various historical and social contexts. The second part examines how risk is used to govern fields outside the realm of insurance, from extreme sports to policing, mental health institutions, and international law. Offering an original approach to risk, insurance, and responsibility, the provocative and wide-ranging essays in Embracing Risk demonstrate that risk has moved well beyond its origins in the insurance trade to become a central organizing principle of social and cultural life.
Can a U.S. president decide to hold suspected terrorists indefinitely without charges or secretly monitor telephone conversations and e-mails without a warrant in the interest of national security? Was the George W. Bush administration justified in authorizing waterboarding? Was President Obama justified in ordering the killing, without trial or hearing, of a U.S. citizen suspected of terrorist activity? Defining the scope and limits of emergency presidential power might seem easy—just turn to Article II of the Constitution. But as Chris Edelson shows, the reality is complicated. In times of crisis, presidents have frequently staked out claims to broad national security power. Ultimately it is up to the Congress, the courts, and the people to decide whether presidents are acting appropriately or have gone too far.
Drawing on excerpts from the U.S. Constitution, Supreme Court opinions, Department of Justice memos, and other primary documents, Edelson weighs the various arguments that presidents have used to justify the expansive use of executive power in times of crisis. Emergency Presidential Power uses the historical record to evaluate and analyze presidential actions before and after the terrorist attacks of September 11, 2001. The choices of the twenty-first century, Edelson concludes, have pushed the boundaries of emergency presidential power in ways that may provide dangerous precedents for current and future commanders-in-chief.
Winner, Crader Family Book Prize in American Values, Department of History and Crader Family Endowment for American Values, Southeast Missouri State University
Empire and Underworld
Miranda Frances Spieler Harvard University Press, 2011 Library of Congress F2462.S69 2011 | Dewey Decimal 988.2
The French Revolution invented the notion of the citizen, but it also invented the noncitizen—the person whose rights were nonexistent. The South American outpost of Guiana became a depository for these outcasts of the new French citizenry, and an experimental space for the exercise of new kinds of power and violence against marginal groups.
The Americans with Disabilities Act of 1990 (ADA) was heralded by its congressional sponsors as an "emancipation proclamation" for people with disabilities and as the most important civil rights legislation passed in a generation. Employment, Disability, and the Americans with Disabilities Act offers a meticulously documented assessment of what has occurred since the ADA's enactment. In reasoned, empirically based articles, contributors from law, health policy, government, and business reveal the unsoundness of charges from the right that the ADA will bankrupt industry and assumptions on the left that the ADA will prove ineffective in helping those with disabilities enter and remain in the workforce.
The Enchantment Of Reason
Pierre Schlag Duke University Press, 1998 Library of Congress KF380.S317 1998 | Dewey Decimal 349.7301
The Enchantment of Reason is a lively critique of American legal thought and the American legal system’s deification of reason. In an attempt to understand the current malaise of American law and the depressed condition of American intellectual life in general, Pierre Schlag diagnoses what he believes is an epidemic of pathological reliance on the principle of reason. Contending that legal thinkers continually fail to recognize the aesthetic and ethical prejudices of rationalism, Schlag creates a genealogy that shows how the call to reason has become a manipulative vehicle of power, faith, and prejudice. In examining the fierce resistance to questioning reason’s primacy, this renowned critic and professor of American law demonstrates how those who use and study the law perpetuate their own methodological blind spots. Claiming that reason has been endowed with a virtually mystical power to organize social life, Schlag unravels the seemingly rational world of judicial opinions, statutes, doctrines, and legal principles. In the process, he paints a shocking—and sure to be controversial—picture of the chaos and, indeed, violence of the American legal tradition. This bold commentary on the irrationality of reason in American law and legal studies will interest not only legal scholars and philosophers but also serious thinkers across a broad disciplinary spectrum.
Today, death sentences in the U.S. are as rare as lightning strikes. Brandon Garrett shows us the reasons why, and explains what the failed death penalty experiment teaches about the effect of inept lawyering, overzealous prosecution, race discrimination, wrongful convictions, and excessive punishments throughout the criminal justice system.
Within twenty, maybe forty, years most people in developed countries will stop having sex for the purpose of reproduction. Instead, prospective parents will be told as much as they wish to know about the genetic makeup of dozens of embryos, and they will pick one or two for implantation, gestation, and birth. And it will be safe, lawful, and free. In this work of prophetic scholarship, Henry T. Greely explains the revolutionary biological technologies that make this future a seeming inevitability and sets out the deep ethical and legal challenges humanity faces as a result.
“Readers looking for a more in-depth analysis of human genome modifications and reproductive technologies and their legal and ethical implications should strongly consider picking up Greely’s The End of Sex and the Future of Human Reproduction…[It has] the potential to empower readers to make informed decisions about the implementation of advancements in genetics technologies.”
—Dov Greenbaum, Science
“[Greely] provides an extraordinarily sophisticated analysis of the practical, political, legal, and ethical implications of the new world of human reproduction. His book is a model of highly informed, rigorous, thought-provoking speculation about an immensely important topic.”
—Glenn C. Altschuler, Psychology Today
A companion volume to The Endangered Species Act at Thirty: Renewing the Conservation Promise, this book examines the key policy tools available for protecting biodiversity in the United States by revisiting some basic questions in conservation: What are we trying to protect and why? What are the limits of species-based conservation? Can we develop new conservation strategies that are more ecologically and economically viable than past approaches?
The social changes and human and economic costs of the Civil War led to profound legal and constitutional developments after it ended, not least of which were the Fourteenth and Fifteenth Amendments and the many laws devised to protect the civil rights of newly freed African Americans. These amendments and laws worked for a while, but they were ineffective or ineffectively enforced for more than a century.
In Ending the Civil War and the Consequences for Congress, contributors explore how the end of the war both continued the trauma of the conflict and enhanced the potential for the new birth of freedom that Lincoln promised in the Gettysburg Address. Collectively, they bring their multidisciplinary expertise to bear on the legal, economic, social, and political aspects of the aftermath of the war and Reconstruction era. The book concludes with the reminder of how the meaning of the war has changed over time. The Civil War is no longer the “felt” history it once was, Clay Risen reminds us, and despite the work of many fine scholars it remains contested.
Contributors: Jenny Bourne, Carole Emberton, Paul Finkelman, Lorien Foote, William E. Nelson, Clay Risen, Anne Sarah Rubin, and Peter Wallenstein
Reports of scandal and corruption have led to the downfall of numerous political leaders in Latin America in recent years. What conditions have developed that allow for the exposure of wrongdoing and the accountability of leaders? Enforcing the Rule of Law examines how elected officials in Latin American democracies have come under scrutiny from new forms of political control, and how these social accountability mechanisms have been successful in counteracting corruption and the limitations of established institutions.
This volume reveals how legal claims, media interventions, civic organizations, citizen committees, electoral observation panels, and other watchdog groups have become effective tools for monitoring political authorities. Their actions have been instrumental in exposing government crime, bringing new issues to the public agenda, and influencing or even reversing policy decisions.
Enforcing the Rule of Law presents compelling accounts of the emergence of civic action movements and their increasing political influence in Latin America, and sheds new light on the state of democracy in the region.
Seizing the space opened by the early 1990s democratization movement, Muslim women are carving an active, influential, but often-overlooked role for themselves during a time of great change. Engaging Modernity provides a compelling portrait of Muslim women in Niger as they confronted the challenges and opportunities of the late twentieth century.
Based on thorough scholarly research and extensive fieldwork—including a wealth of interviews—Ousseina Alidou’s work offers insights into the meaning of modernity for Muslim women in Niger. Mixing biography with sociological data, social theory and linguistic analysis, this is a multilayered vision of political Islam, education, popular culture, and war and its aftermath. Alidou offers a gripping look at one of the Muslim world’s most powerful untold stories.
Runner-up, Aidoo-Snyder Book Prize, Women’s Caucus of the African Studies Association, 2007
Students and the public routinely consult various published college rankings to assess the quality of colleges and universities and easily compare different schools. However, many institutions have responded to the rankings in ways that benefit neither the schools nor their students. In Engines of Anxiety, sociologists Wendy Espeland and Michael Sauder delve deep into the mechanisms of law school rankings, which have become a top priority within legal education. Based on a wealth of observational data and over 200 in-depth interviews with law students, university deans, and other administrators, they show how the scramble for high rankings has affected the missions and practices of many law schools.
Engines of Anxiety tracks how rankings, such as those published annually by the U.S. News & World Report, permeate every aspect of legal education, beginning with the admissions process. The authors find that prospective law students not only rely heavily on such rankings to evaluate school quality, but also internalize rankings as expressions of their own abilities and flaws. For example, they often view rejections from “first-tier” schools as a sign of personal failure. The rankings also affect the decisions of admissions officers, who try to balance admitting diverse classes with preserving the school’s ranking, which is dependent on factors such as the median LSAT score of the entering class. Espeland and Sauder find that law schools face pressure to admit applicants with high test scores over lower-scoring candidates who possess other favorable credentials.
Engines of Anxiety also reveals how rankings have influenced law schools’ career service departments. Because graduates’ job placements play a major role in the rankings, many institutions have shifted their career-services resources toward tracking placements, and away from counseling and network-building. In turn, law firms regularly use school rankings to recruit and screen job candidates, perpetuating a cycle in which highly ranked schools enjoy increasing prestige. As a result, the rankings create and reinforce a rigid hierarchy that penalizes lower-tier schools that do not conform to the restrictive standards used in the rankings. The authors show that as law schools compete to improve their rankings, their programs become more homogenized and less accessible to non-traditional students.
The ranking system is considered a valuable resource for learning about more than 200 law schools. Yet, Engines of Anxiety shows that the drive to increase a school’s rankings has negative consequences for students, educators, and administrators and has implications for all educational programs that are quantified in similar ways.
With England’s Great Transformation, Marc W. Steinberg throws a wrench into our understanding of the English Industrial Revolution, largely revising the thesis at heart of Karl Polanyi’s landmark The Great Transformation. The conventional wisdom has been that in the nineteenth century, England quickly moved toward a modern labor market where workers were free to shift from employer to employer in response to market signals. Expanding on recent historical research, Steinberg finds to the contrary that labor contracts, centered on insidious master-servant laws, allowed employers and legal institutions to work in tandem to keep employees in line.
Building his argument on three case studies—the Hanley pottery industry, Hull fisheries, and Redditch needlemakers—Steinberg employs both local and national analyses to emphasize the ways in which these master-servant laws allowed employers to use the criminal prosecutions of workers to maintain control of their labor force. Steinberg provides a fresh perspective on the dynamics of labor control and class power, integrating the complex pathways of Marxism, historical institutionalism, and feminism, and giving readers a subtle yet revelatory new understanding of workplace control and power during England’s Industrial Revolution.
Diversity these days is a hallowed American value, widely shared and honored. That’s a remarkable change from the Civil Rights era—but does this public commitment to diversity constitute a civil rights victory? What does diversity mean in contemporary America, and what are the effects of efforts to support it?
Ellen Berrey digs deep into those questions in The Enigma of Diversity. Drawing on six years of fieldwork and historical sources dating back to the 1950s and making extensive use of three case studies from widely varying arenas—housing redevelopment in Chicago’s Rogers Park neighborhood, affirmative action in the University of Michigan’s admissions program, and the workings of the human resources department at a Fortune 500 company—Berrey explores the complicated, contradictory, and even troubling meanings and uses of diversity as it is invoked by different groups for different, often symbolic ends. In each case, diversity affirms inclusiveness, especially in the most coveted jobs and colleges, yet it resists fundamental change in the practices and cultures that are the foundation of social inequality. Berrey shows how this has led racial progress itself to be reimagined, transformed from a legal fight for fundamental rights to a celebration of the competitive advantages afforded by cultural differences.
Powerfully argued and surprising in its conclusions, The Enigma of Diversity reveals the true cost of the public embrace of diversity: the taming of demands for racial justice.
Shareholder litigation and class action suits play a key role in protecting investors and regulating big businesses. But Directors and Officers liability insurance shields corporations and their managers from the financial consequences of many illegal acts, as evidenced by the recent Enron scandal and many of last year’s corporate financial meltdowns. Ensuring Corporate Misconduct demonstrates for the first time how corporations use insurance to avoid responsibility for corporate misconduct, dangerously undermining the impact of securities laws.
As Tom Baker and Sean J. Griffith demonstrate, this need not be the case. Opening up the formerly closed world of corporate insurance, the authors interviewed people from every part of the industry in order to show the different instances where insurance companies could step in and play a constructive role in strengthening corporate governance—yet currently do not. Ensuring Corporate Misconduct concludes with a set of readily implementable reforms that could significantly rehabilitate the system.
In class actions, attorneys effectively hire clients rather than act as their agent. Lawyer-financed, lawyer-controlled, and lawyer-settled, this entrepreneurial litigation invites lawyers to act in their own interest. John Coffee’s goal is to save class action, not discard it, and to make private enforcement of law more democratically accountable.
Environment in the Balance
Jonathan Z. Cannon Harvard University Press, 2015 Library of Congress KF3775.C365 2015 | Dewey Decimal 344.73046
Does the green movement remain a transformative force in American life? In Environment in the Balance Jonathan Cannon interprets a wide range of U.S. Supreme Court decisions over four decades and explores the current ferment among activists, to gauge the practical and cultural impact of environmentalism and its future prospects.
Environmental Disputes helps citizen groups, businesses, and governments understand how Environmental Dispute Settlement--a set of procedures for settling disputes over environmental policies without litigation--can work for them.
In Environmental Justice, leading thinkers of the environmental justice movement take a direct look at the failure of "top down" public policy to effectively deal with issues of environmental equity.The book provides a startling look at pressing social and environmental problems and charts a course for future action. Among the topics considered are: the history of the social justice movement the role of the professional in working with community groups methods of dealing with environmental problems at the international level participatory national policy for environmental education, energy, industrial development, and housing and sustainable development.Contributors include Robert Bullard, Deeohn Ferris, Tom B.K. Goldtooth, David Hahn-Baker, Beverly Wright, Ivette Perfecto, Patrick West, and others.
Environmental Land Use Planning and Management is a unique new textbook that presents a diverse, comprehensive, and coordinated approach to issues of land use planning and management and their impacts on the environment. It builds on recent advances in environmental science, engineering, and geospatial information technologies to provide students with the scientific foundation they need to understand both natural land systems and engineering approaches that can mitigate impacts of land use practices. While offering a base of knowledge in planning theory and natural science, its primary emphasis is on describing and explaining emerging approaches, methods, and techniques for environmental land use planning, design, and policy.
The book is divided into two parts. Part I, "Environmental Land Use Management," introduces broad concepts of environmental planning and describes management approaches. Those approaches include collaborative environmental management, land conservation, environmental design, government land use management, natural hazard mitigation, and ecosystem and watershed management. Part II, "Environmental Land Use Principles and Planning Analysis," focuses on land analysis methods, such as geospatial data and geographic information systems (GIS); soils and slope analysis; assessment of stormwater quantity and quality; land use and groundwater protection; ecological assessment for vegetation, wetlands, and habitats; and integrated analytical techniques like land suitability analysis, carrying capacity studies, and environmental impact assessment.
Environmental Land Use Planning and Managementoffers a unique interdisciplinary perspective with an emphasis on application. It is an important new text for advanced undergraduate and graduate courses in environmental planning, landscape architecture, geography, environmental studies, and natural resource management, and a valuable resource for professionals and others concerned with issues of environmental planning and land use.
Environmental law has an unquestionable effect on the species, ecosystems, and landscapes that biologists study—and vice-versa, as the research of these biologists frequently informs policy. But because many scientists receive little or no legal training, we know relatively little about the precise ways that laws affect biological systems—and, consequently, about how best to improve these laws and better protect our natural resources.
With Environmental Law for Biologists, ecologist and lawyer Tristan Kimbrell bridges this gap in legal knowledge. Complete with a concise introduction to environmental law and an appendix describing the most important federal and international statutes and treaties discussed, the book is divided into four broad parts: laws that focus on individual species, like invasive species policies, the Endangered Species Act, and international treaties such as CITES; laws that focus on land, from federal public lands to agricultural regulations and urban planning; laws that focus on water, such as the Clean Water Act; and laws that focus on air, such as the Clean Air Act and international measures meant to mitigate global climate change. Written for working biologists and students alike, this book will be a catalyst for both more effective policy and enhanced research, offering hope for the manifold frictions between science and the law.
“We’ve been together in sickness and in health, through the death of his mother, through the adoption of our children, through four long years of this legal battle,” Jason Morgan told reporters of himself and his partner, Chuck Swaggerty. “And if being together through all of that isn’t love and commitment or isn’t family or isn’t marriage, then I don’t know what is.” Just minutes earlier on that day, April 3, 2009, the justices of the Iowa Supreme Court had agreed.
The court’s decision in Varnum v. Brien made Iowa only the third state in the nation to permit same-sex couples to wed—moderate, midwestern Iowa, years before such left-leaning coastal states as California and New York. And unlike the earlier decisions in Massachusetts and Connecticut, Varnum v. Brien was unanimous and unequivocal. It catalyzed the unprecedented and rapid shift in law and public opinion that continues today.
Equal Before the Law tells the stories behind this critical battle in the fight for marriage equality and traces the decision’s impact. The struggle began in 1998 with the easy passage of Iowa’s Defense of Marriage Act and took a turn, surprising to many, in 2005, when six ordinary Iowa couples signed on to Lambda Legal’s suit against the law. Their triumph in 2009 sparked a conservative backlash against the supreme court justices, three of whom faced tough retention elections that fall.
Longtime, award-winning reporters Tom Witosky and Marc Hansen talked with and researched dozens of key figures, including opponent Bob Vander Plaats, proponents Janelle Rettig and Sharon Malheiro, attorneys Roger Kuhle, Dennis Johnson, and Camilla Taylor, and politicians Matt McCoy, Mary Lundby, and Tom Vilsack, who had to weigh their careers against their convictions. Justice Mark Cady, who wrote the decision, explains why the court had to rule in favor of the plaintiffs. At the center of the story are the six couples who sacrificed their privacy to demand public respect for their families.
Through these voices, Witosky and Hansen show that no one should have been surprised by the 2009 decision. Iowans have a long history of leadership on civil rights. Just a year after Iowa became a state, its citizens adopted as their motto the phrase, “Our liberties we prize and our rights we will maintain.” And they still do today.
It cannot be fair that wealthy people enjoy better legal outcomes. That is why Frederick Wilmot-Smith argues that justice requires equal access to legal resources. At his most radical, he urges us to rethink the centrality of the market to legal systems, so that those without means can secure justice and the rich cannot escape the law’s demands.
"We are in difficult times for the protection of our liberties. Nonetheless, citizens are showing an increased willingness to resist the erosion of the U.S. Constitution. . . . Lawson Mack and Kelly stress the importance of not giving up these fundamental rights and conclude with a message of optimism, noting an increased backlash against the administration's more draconian measures. Although the landscape is still quite bleak, change is in the air."
-Michael Ratner, President, Center for Constitutional Rights, from the foreword
"A compelling and sophisticated critique of the U.S. government's post-9/11 actions. Mack and Kelly set the stage with the historical perspective on America's response to terrorism and the assessment of terrorist threats, before launching into a comprehensive analysis of the USA Patriot Act. Their hard-hitting approach and easy-to-read style makes for a fascinating treatment of the government's legislative and executive response to the attacks."
-Michael P. Scharf, Case Western Reserve University School of Law
With its sweeping critique of the USA Patriot Act and the Bush administration's maneuvers in pursuit of terrorists, Equal Justice in the Balance is a sobering and exacting look at American legal responses to terrorism, both before and after 9/11.
The authors detail wide-ranging and persuasive evidence that American antiterrorism legislation has led to serious infringements of our civil rights. They show us how deviations from our fundamental principles of fairness and justice in times of heightened national anxiety-whether the Red Scare, World War II, or the War on Terrorism-have resulted in overreaction and excess, later requiring apologies and reparations to those victimized by a paranoia-driven justice system.
While terrorist attacks-especially on a large scale and on American soil-damage our national pride and sense of security, the authors offer powerful arguments for why we must allow our judicial infrastructure, imperfect as it is, to respond without undue interference from the politics of anger and vengeance.
During the past three decades, nations all over the world have been debating whether to allow same-sex couples to marry, or at least grant these couples various rights associated with marriage. In Equality for Same-Sex Couples, Yuval Merin presents the first comparative study of the legal regulation of same-sex partnerships worldwide, as well as a unique survey of the status of same-sex couples in Europe.
Merin begins by providing a historical overview of the transformation of marriage from antiquity to the present. He then identifies and critically compares four principal models for the legal regulation and recognition of same-sex partnerships: civil marriage, registered partnership, domestic partnership, and cohabitation. Merin concludes that all of the models except civil marriage discriminate against gays and lesbians just as the "separate but equal" doctrine discriminated against African Americans; thus, so-called alternatives to marriage, even if they provide the same rights and benefits as marriage, are inherently unequal and therefore unconstitutional.
Since the landmark desegregation decisions in the Brown vs. Board of Education cases, the proper role of the federal judiciary has been hotly debated. Has the federal judiciary, in its attempt to legislate social policy, overstepped its constitutional boundaries?
In this volume, Gary McDowell considers the equity power created by Article III of the Constitution, on which the most controversial decisions of the Supreme Court have rested. He points out the equity was originally understood as an extraordinary means of offering relief to individuals in cases of fraud, accident, mistake, or trust and as a means of "confining the operation of unjust and partial laws." It has now been stretched to offer relief to broadly defined social classes. This "sociological" understanding, in McDowell's view, has undermined equity as a substantive body of law. He urges a return to the former definition as a means of restraining the reach of federal jurisdiction.
Errors, Lies, and Libel
Peter E. Kane. Foreword by Elmer Gertz Southern Illinois University Press, 1991 Library of Congress KF221.L5K36 1992 | Dewey Decimal 345.730256
Peter E. Kane takes a critical look at the development of the present law through a discussion of seventeen landmark libel cases.
One of the many points Kane clarifies is the important distinction between an error and a lie when judging whether someone is guilty of libel. For example, in the series of events that led to Goldwater vs. Ginzburg, Ralph Ginzburg, publisher of fact magazine, compiled and printed in fact a montage of quotes he had collected from psychiatrists about Barry Goldwater. It took five years of legal sparring for the courts to conclude that Ginzburg had deliberately published a malicious and irresponsible document and to rule in favor of Goldwater. Kane closes with a discussion of current thinking on possible libel reform.
When Naguib Mahfouz quit his job as a civil servant in 1971, a Nobel Prize in literature was still off on the horizon, as was his global recognition as the central figure of Arab literature. He was just beginning his post on the editorial staff of the Egyptian newspaper Al-Ahram, and elsewhere in Cairo, Anwar Sadat was just beginning his hugely transformative Egyptian presidency, which would span eleven years and come to be known as the Sadat era. This book offers English-language readers the first glimpse of the Sadat era through Mahfouz’s eyes, a collection of pieces that captures one of Egypt’s most important decades in the prose of one of the Middle East’s most important writers.
This volume stitches together a fascinating and vivid account of the dramatic events of Sadat’s era, from his break with the Soviet Union to the Yom Kippur War with Israel and eventual peace accord and up to his assassination by Islamic extremists in 1981. Through this tumultuous history, Mahfouz takes on a diverse array of political topics—including socioeconomic stratification, democracy and dictatorship, and Islam and extremism—which are still of crucial relevance to Egypt today. Clear-eyed and direct, the works illuminate Mahfouz’s personal and political convictions that were more often hidden in his novels, enriching his better-known corpus with social, political, and ideological context.
These writings are a rare treasure, a story of a time of tremendous social and political change in the Middle East told by one if its most iconic authors.
Oliver Wendell Holmes, Jr., has been called the greatest jurist and legal scholar in the history of the English-speaking world. In this collection of his speeches, opinions, and letters, Richard Posner reveals the fullness of Holmes' achievements as judge, historian, philosopher, and master of English style. Thematically arranged, the volume covers a rich variety of subjects from aging and death to themes in politics, personalities, and law. Posner's substantial introduction firmly places this wealth of material in its proper biographical and historical context.
"A first-rate prose stylist, [Holmes] was perhaps the most quotable of all judges, as this ably edited volume shows."—Washington Post Book World
"Brilliantly edited, lucidly organized, and equipped with a compelling introduction by Judge Posner, [this book] is one of the finest single-volume samplers of any author's work I have seen. . . . Posner has fully captured the acrid tang of him in this masterly anthology."—Terry Teachout, National Review
"Excellent. . . . A worthwhile contribution to current American political/legal discussions."—Library Journal
"The best source for the reader who wants a first serious acquaintance with Holmes."—Thomas C. Grey, New York Review of Books
The Eternal Criminal Record
James B. Jacobs Harvard University Press, 2015 Library of Congress KF9751.J33 2015 | Dewey Decimal 345.730123
For 60 million Americans a criminal record overshadows everything else about their identity. Citizens have a right to know when someone around them represents a threat. But convicted persons have rights too. James Jacobs examines the problem of erroneous records and proposes ways to eliminate discrimination for those who have been rehabilitated.
While freedom of speech has been guaranteed us for centuries, the First Amendment as we know it today is largely a creation of the past eighty years. Eternally Vigilant brings together a group of distinguished legal scholars to reflect boldly on its past, its present shape, and what forms our understanding of it might take in the future. The result is a unique volume spanning the entire spectrum of First Amendment issues, from its philosophical underpinnings to specific issues like campaign regulation, obscenity, and the new media.
"With group efforts, such as this collection of essays, it is almost inevitable that there will be a couple—and often several—duds among the bunch, or at least a dismaying repetition of ideas. Such is not the case here. . . . Whether one agrees with a given author or not (and it is possible to do both with any of the essays), each has something to add. Overall, Eternally Vigilant is a thoughtful and thought-provoking book, consistently intelligent and, at times, brilliant."—Richard J. Mollot, New York Law Journal
Lillian R. BeVier
Lee C. Bollinger
Owen M. Fiss
R. Kent Greenawalt
Richard A. Posner
Robert C. Post
Geoffrey R. Stone
David A. Strauss
Cass R. Sunstein
Piderit explores the failures of mainstream economics and proposes an alternative grounded in natural law. His assessment is grounded in the Christian higher law tradition which assumes that objective standards known to human reason should govern society and individuals.
This book demonstrates both the reasonableness of a distinguished ethical tradition and its capacity to address a wide range of ethical issues, economic as well as personal and social. Piderit emphasizes that natural law theory underlies the U.S. Constitution and informs Catholic, Protestant, and Jewish worship today.
The brain represents the final frontier in medical sciences. Clinical neurosciences include the subspecialties of neurology, neurosurgery, neuro-imaging, cerebrovascular interventional specialties, neurocritical care, and the allied specialties in pharmacy and nursing. The first lens through which we see our patients is the clinical perspective; however, the complexity of neurosciences and the rapidity of the advances in these subspecialties require that clinicians not lose sight of the personhood of the patients, the professionalism required in the care of these complex patients, or the regulatory environment in which we practice. Science and technology are advancing more rapidly than regulations or the law can interpret and integrate them into a supportive or regulatory framework. Thus, morality, ethics, and the law comprise the final lens through which we approach complex patient management issues, frame our communications with patients and families, and evaluate the risks and potential benefits of new technology. Ethics and Law for Neurosciences Clinicians is written for all clinicians in the neurosciences specialties to examine and re-examine the ethical and legal implications of advances in clinical neurosciences.
Ethics in Social Marketing
Alan R. Andreasen Georgetown University Press, 2001 Library of Congress HF5414.E87 2001 | Dewey Decimal 174.4
Social marketing is being adopted by a growing number of government and nonprofit organizations around the world because of its power to bring about important social changes. An array of commercial marketing concepts and techniques has been applied to problems ranging from child abuse to teen smoking to environmental neglect. However, in crafting these programs, agencies face complex ethical challenges. For example, is it acceptable to exaggerate risk and heighten fear if doing so saves more lives? What if improving the lives of one group has negative effects on another? How does a marketing campaign respect a group's culture while calling for fundamental change within it?
InEthics in Social Marketing, ten contributors draw on their professional experience and the literature of ethics to set forth a range of problems and offer frameworks for their resolution. They introduce philosophical rules and practical models to guide decision making, and they focus on such complex issues as unintended consequences, ethical marketing alliances, and professional ethical codes. The book not only introduces students to the special moral and ethical burdens of social marketing but also challenges practitioners to address difficult issues that are easily minimized or avoided.
Serving the public interest with integrity requires a moral perspective that can rise above the day-to-day pressures of the job. This book integrates Western philosophy’s most significant ethical theories and merges them with public administration theory to provide public administrators with an explicit moral foundation for ethical decision making.
Ethics in the Public Service reviews moral thought through the ages, from Plato to Rorty, and makes the philosophies of the more difficult thinkers accessible to both students and practitioners. Unifying seemingly disparate ethical positions, including those of Aristotle, Kant, and Mill, the authors defend the idea of objective moral truth and critique subjectivist views, refuting postmodernism and ethical relativism. Using their integrated objective approach, they tackle such dichotomies in public administration theory as bureaucracy vs. democracy, and they also examine a case study in an administrative setting.
Offering a better understanding of moral dilemmas rather than a formula, this book presents scholars and practitioners with a framework that is both objective and flexible, theoretical and practical. This original synthesis provides a comprehensive basis for administrative thought and action.
An Ethics of Interrogation
Michael Skerker University of Chicago Press, 2010 Library of Congress HV8073.3.S57 2010 | Dewey Decimal 174.9363254
The act of interrogation, and the debate over its use, pervades our culture, whether through fictionalized depictions in movies and television or discussions of real-life interrogations on the news. But despite daily mentions of the practice in the media, there is a lack of informed commentary on its moral implications. Moving beyond the narrow focus on torture that has characterized most work on the subject, An Ethics of Interrogation is the first book to fully address this complex issue.
In this important new examination of a controversial subject, Michael Skerker confronts a host of philosophical and legal issues, from the right to privacy and the privilege against compelled self-incrimination to prisoner rights and the legal consequences of different modes of interrogation for both domestic criminal and foreign terror suspects. These topics raise serious questions about the morality of keeping secrets as well as the rights of suspected terrorists and insurgents. Thoughtful consideration of these subjects leads Skerker to specific policy recommendations for law enforcement, military, and intelligence professionals.
Can harsh interrogation techniques and torture ever be morally justified for a nation at war or under the threat of imminent attack? In the aftermath of the September 11, 2001, terrorist strikes, the United States and other liberal democracies were forced to grapple once again with the issue of balancing national security concerns against the protection of individual civil and political rights. This question was particularly poignant when US forces took prisoners in Afghanistan and Iraq who arguably had information about additional attacks. In this volume, ethicist Paul Lauritzen takes on ethical debates about counterterrorism techniques that are increasingly central to US foreign policy and discusses the ramifications for the future of interrogation.
Lauritzen examines how doctors, lawyers, psychologists, military officers, and other professionals addressed the issue of the appropriate limits in interrogating detainees. In the case of each of these professions, a vigorous debate ensued about whether the interrogation policy developed by the Bush administration violated codes of ethics governing professional practice. These codes are critical, according to Lauritzen, because they provide resources for democracies and professionals seeking to balance concerns about safety with civil liberties, while also shaping the character of those within these professional guilds.
This volume argues that some of the techniques used at Guantánamo Bay and elsewhere were morally impermissible; nevertheless, the healthy debates that raged among professionals provide hope that we may safeguard human rights and the rule of law more effectively in the future.
The essays in Ethics, Trust, and the Professions probe the nature of the fiduciary relationship that binds client to lawyer, believer to minister, and patient to doctor. Angles of approach include history, sociology, philosophy, and culture, and their very multiplicity reveals how difficult we find it to formulate a code of ethics which will insure a relationship of trust between the professional and the public.
EU pension law is a relatively new and rapidly growing field. The call for a broader practical understanding of EU pension law is growing, as pension markets are increasingly internationalized.The handbook EU Pension Law discusses the most important financial EU legislation (IORP and PEPP) and non-financial legislation (such as the Charter of Fundamental Rights of the European Union) and its consequences for pensions. The book contains a collection of relevant articles and offers necessary basic knowledge. More importantly, it contains interesting practical cases, creating a unique bridge between theory and practice. Whether you are a student, a committed policymaker, an experienced market practitioner, or someone interested in European pension developments, EU Pension Law is designed for you.
R. Daniel Kelemen Harvard University Press, 2011 Library of Congress KJE947.K45 2011 | Dewey Decimal 341.2422
Despite western Europe’s traditional disdain for the United States’ “adversarial legalism,” the European Union is shifting toward a similar approach to the law, according to Daniel Kelemen. Coining the term “eurolegalism” to describe the hybrid, he shows how the political and organizational realities of the EU make this shift inevitable.
John Compton shows how evangelicals, not New Deal reformers, paved the way for the most important constitutional developments of the twentieth century. Their early-1800s crusade to destroy property that made immorality possible challenged founding-era legal protections of slavery, lotteries, and liquor sales and opened the door to progressivism.
Toronto prides itself on being “the world’s most diverse city,” and its officials seek to support this diversity through programs and policies designed to promote social inclusion. Yet this progressive vision of law often falls short in practice, limited by problems inherent in the political culture itself. In Everyday Law on the Street, Mariana Valverde brings to light the often unexpected ways that the development and implementation of policies shape everyday urban life.
Drawing on four years spent participating in council hearings and civic association meetings and shadowing housing inspectors and law enforcement officials as they went about their day-to-day work, Valverde reveals a telling transformation between law on the books and law on the streets. She finds, for example, that some of the democratic governing mechanisms generally applauded—public meetings, for instance—actually create disadvantages for marginalized groups, whose members are less likely to attend or articulate their concerns. As a result, both officials and citizens fail to see problems outside the point of view of their own needs and neighborhood.
Taking issue with Jane Jacobs and many others, Valverde ultimately argues that Toronto and other diverse cities must reevaluate their allegiance to strictly local solutions. If urban diversity is to be truly inclusive—of tenants as well as homeowners, and recent immigrants as well as longtime residents—cities must move beyond micro-local planning and embrace a more expansive, citywide approach to planning and regulation.
In 1938, Howard Jay Graham, a deaf law librarian, successfully argued that the authors of the Fourteenth Amendment--ratified after the American Civil War to establish equal protection under the law for all American citizens regardless of race--were motivated by abolitionist fervor, debunking the notion of a corporate conspiracy at the heart of the amendment's wording. For over half a century, the amendment had been used to endow corporations with rights as individuals and thus protect them from state legislation. By 1968, when Everyman's Constitution was first published, the Fourteenth Amendment had become a tool for the incorporation of the Bill of Rights to apply to all American citizens. The essays in this reprinted edition are still relevant as the nation continues to interpret our framing legislation in light of the concerns of today and to balance citizens' rights against those of corporations. Howard Jay Graham was a law librarian brought in by the NAACP's legal team to write a brief on the Fourteenth Amendment for the Supreme Court case Brown v. Board of Education. Though the Supreme Court justices ruled in favor of the NAACP based on the sociological rather than historical evidence it provided, Graham's work, published in various law journals over several decades, contributed greatly to the ongoing interpretation of the Fourteenth Amendment.
Northwestern University Press copublished William Twining's Rethinking Evidence in 1994 and Analysis of Evidence in 1998. This new volume, Evidence and Inference, is an interdisciplinary volume exploring the application of techniques of evidence and inference across a variety of fields.
Coedited by Twining, one of the world's outstanding evidence scholars, and Iain Hampsher-Monk, a leading political theorist, the volume considers intriguing questions from Assyriology, theater iconography, musicology, criminology, the history of ideas, and colonial history as it reveals how particular concepts, lines of questioning, and techniques of reasoning and analysis developed in one context can be fruitfully applied in others. Did cuneiform languages really die out in the second or third century B.C.? Was Schubert responsible for any of the guitar arrangements for some of his lieder? In these cases and others, the authors' work demonstrates that, regardless of the field or the problem, all such projects involve drawing inferences from evidence, and that the logic of this kind of inquiry is always governed by the same principles.
How does one prove the law? If your neighbor breaks your window, the law regulates how you can show your claim to be true or false; but how do you prove that in breaking your window your neighbor has broken the law? American jurisprudence devotes an elaborate body of doctrine—and an equally elaborate body of accompanying scholarly commentary—to worrying about how to prove facts. It establishes rules for the admissibility of evidence, creates varying standards of proof, and assigns burdens of proof that determine who wins or loses when the facts are unclear. But the law is shockingly inexplicit when addressing these issues with respect to the proof of legal claims. Indeed, the entire language of evidentiary proof, so sophisticated when it comes to questions of fact, is largely absent from the American legal system with respect to questions of law.
As Gary Lawson shows, legal claims are inherently objects of proof, and whether or not the law acknowledges the point openly, proof of legal claims is just a special case of the more general norms governing proof of any claim. As a result, similar principles of evidentiary admissibility, standards of proof, and burdens of proof operate, and must operate, in the background of claims about the law. This book brings these evidentiary principles for proving law out of the shadows so that they can be analyzed, clarified, and discussed. Viewing legal problems through this lens of proof illuminates debates about everything from constitutional interpretation to the role of stipulations in litigation. Rather than prescribe resolutions to any of those debates, Evidence of the Law instead provides a set of tools that can be used to make those debates more fruitful, whatever one’s substantive views may be. As lawyers, judges, and legal subjects confront uncertainty about what the law is, they can, should, and must, Lawson argues, be guided by the same kinds of abstract considerations, structures, and doctrines long used to make determinations about questions of fact.
No matter how irrefutable it may seem, evidence is often a matter of interpretation. Incomplete, inconclusive, imprecise, or vague, it is nonetheless the basis of myriad everyday conclusions and decisions. In this authoritative work, David A. Schum develops a general theory of evidence as it is understood and applied across a broad range of disciplines and practical undertakings.
Synthesizing insights from law, philosophy and logic, probability, semiotics, artificial intelligence, psychology, and history, Schum provides a detailed examination of the various properties and uses of evidence and the evaluative skills evidence requires. Along with the evidential subtleties of probabilistic reasoning, Schum also explores the processes by which evidence is generated or discovered and looks at the intellectual and practical underpinnings of probabilistic reasoning. It is a useful resourse for students, researchers, and practitioners of every discipline concerned with evidence and its inferential use.
"American history is cluttered with wrongful convictions and miscarriages of justice.
In An Evil Day in Georgia, author Robert Smith raises lingering questions about the
guilt of two men—one white and one black—executed for a murder in the Deep South
in the 1920s. . . . The telling of this story, one that played out in the Jim Crow era and the
days of bootlegging and the Ku Klux Klan, exposes the death penalty’s imperfections even
as it calls into question the veracity of a woman’s confession, later recanted, that
once brought her within a stone’s throw of the state’s electric chair.”
—John Bessler, author of Cruel and Unusual: The American Death Penalty
and the Founders’ Eighth Amendment
On the night of August 5, 1927, someone shot and killed Coleman Osborn, a store owner in
Chatsworth, Georgia, in his place of business. Police and neighbors found only circumstantial
traces of the murderer: tire tracks, boot prints, shell casings, and five dollars in cash near
Osborn’s body. That day, three individuals—James Hugh Moss, a black family man locally
renowned for his baseball skills; Clifford Thompson, Moss’s white friend who grew up in the
Smoky Mountains; and Eula Mae Thompson, Clifford’s wife and a woman with a troubling history
of failed marriages and minor run-ins with the law—left Etowah, Tennessee, unknowingly
on a collision course with Deep South justice.
In chilling detail, Robert N. Smith examines the circumstantial evidence and deeply flawed
judicial process that led to death sentences for Moss and the Thompsons. Moving hastily in the
wake of the crime, investigators determined from the outset that the Tennessee trio, well known
as bootleggers, were the culprits. Moss and Clifford Thompson were tried and convicted within a
month of the murder. Eula Mae was tried separately from the other two defendants in February
1928, and her sentence brought her notoriety and celebrity status. On the night of her husband’s
execution, she recanted her original story and would change it repeatedly in the following years.
As reporters from Atlanta and across Georgia descended on Murray County to cover the trials
and convictions, the public perception of Eula Mae changed from that of cold-blooded murderer
to victim—one worthy of certain benefits that suited her status as a white woman. Eula Mae
Thompson’s death sentence was commuted in 1928, thanks in part to numerous press interviews
and staged photos. She was released in 1936 but would not stay out of trouble for long.
An Evil Day in Georgia exposes the historic deficiencies in death penalty implementation
and questions, through its case study of the Osborn murder, whether justice can ever be truly
unbiased when capital punishment is inextricably linked to personal and political ambition and
to social and cultural values.
Robert N. Smith is an independent scholar living in Oxford, England.
In the mid-1990s, as public trust in big government was near an all-time low, 80% of Americans told Gallup that they supported the death penalty. Why did people who didn’t trust government to regulate the economy or provide daily services nonetheless believe that it should have the power to put its citizens to death?
That question is at the heart of Executing Freedom, a powerful, wide-ranging examination of the place of the death penalty in American culture and how it has changed over the years. Drawing on an array of sources, including congressional hearings and campaign speeches, true crime classics like In Cold Blood, and films like Dead Man Walking, Daniel LaChance shows how attitudes toward the death penalty have reflected broader shifts in Americans’ thinking about the relationship between the individual and the state. Emerging from the height of 1970s disillusion, the simplicity and moral power of the death penalty became a potent symbol for many Americans of what government could do—and LaChance argues, fascinatingly, that it’s the very failure of capital punishment to live up to that mythology that could prove its eventual undoing in the United States.
Seventy-Five Years Ago, the Last American Soldier Who Paid the Ultimate Price for Desertion A New Edition of the Acclaimed Investigative Story
In August 1944, a drab convoy of raw recruits destined to join the 28th Division lumbered along a windy French road strewn with dead animals, shattered bodies, and burning equipment. One of those draftees was 24-year-old Eddie Slovik, a petty thief from Detroit who had spent his youth in and out of reform schools. Eddie's luck had recently changed, however, with a steady factory job and marriage to a beautiful girl who gave Eddie hope and security for the first time in his life. But their honeymoon—like that of many other wartime newlyweds—was interrupted by the call to service. The convoy came under intense artillery fire, and in the confusion Slovik became separated from his unit. He joined a Canadian outfit and traveled with them before finally reporting to the 28th Division. He carried a rifle but no ammunition. He was assigned to a platoon but walked away. Refusing to kill, Slovik was arrested, court martialed, and condemned to death. Hundreds of soldiers were tried for desertion during World War II and sentenced to die, but only Eddie Slovik paid the price, supposedly as a deterrent, yet word of the nature of his death was never officially released to the public.
In The Execution of Private Slovik, considered to be among the best investigative books ever written, journalist and author William Bradford Huie reconstructs this entire story with the full cooperation of the U.S. Army in order to find out what made Eddie Slovik an unlikely pacifist and why the affair was covered up. Through interviews with those who knew him and the hundreds of letters to his wife, the author reveals a hard luck depression-era kid who when faced with the reality of war realized that he simply could not kill another human being. Throughout, Huie reveals how Eddie Slovik's death has much to tell us about life and duty to one's country. This edition marking the seventy-fifth anniversary of the sentence being carried out, contains a new introduction by the author's daughter.
Praise for The Execution of Private Slovik:
"In the hands of an expert, who writes both passionately and with an almost transparent effort to be fair to all concerned, the story raises questions to which our wisest leaders still lack satisfying answers."
—New York Times
"A remarkable story reported by a master."—W. E. B. Griffin
"Recommended reading for all military historians."—Military Affairs
"Tremendously moving."—The Atlantic
"It is very likely that William Bradford Huie's The Execution of Private Slovikwill long survive the official histories of World War II. It is a big book and Mr. Huie deserves some sort of rich reward for this unburying of an incident of the war which must disturb us all. For Slovik was more than a 'coward.' He not only did not want to die but he did not want to kill, and one must look far in literature for a figure so moving as Private Slovik wandering about Europe not with bullets in his cartridge belt but with writing paper. The question is not 'How might we improve military procedures?' The question is, 'What has happened to love in our world when he who would rather love than kill must die?'"—from a letter to the New York Times
In August 1944, a drab convoy of raw recruits destined to join the 28th Division lumbered along a windy French road strewn with dead animals, shattered bodies, and burning equipment. One of those draftees was 24-year-old Eddie Slovik, a petty thief from Detroit who had spent his youth in and out of reform schools. Eddie's luck had recently changed, however, with a steady factory job and marriage to a beautiful girl who gave Eddie hope and security for the first time in his life. But their honeymoon—like that of many other wartime newlyweds—was interrupted by the call to service. The convoy came under intense artillery fire, and in the confusion Slovik became separated from his unit. He joined a Canadian outfit and traveled with them before finally reporting to the 28th Division. He carried a rifle but no ammunition. He was assigned to a platoon but walked away. Refusing to fight, Slovik was arrested, court martialed, and condemned to death. Hundreds of soldiers were tried for desertion during World War II and sentenced to die, but only Eddie Slovik paid the price, supposedly as a deterrent, yet word of the nature of his death was never officially released.
In The Execution of Private Slovik, considered to be among the best investigative books ever written, William Bradford Huie reconstructs this entire story with the full cooperation of the U.S. Army in order to find out what made Eddie Slovik an unlikely pacifist and why the affair was covered up. Through interviews with those who knew him and the hundreds of letters to his wife, the author reveals a hard luck depression era kid who when faced with the reality of war realized that he simply could not kill another human being. Huie shows that Eddie Slovik's death has much to tell us about life and duty to one's country.
Should laws apply to everyone, or should some people be exempt because of conflicting religious or moral convictions? Through a close study of several cases, from abortion to taxes, Kent Greenawalt demonstrates how to weigh competing values without losing sight of practical considerations like the difficulty of implementing a specific law.
In Exiled Home, Susan Bibler Coutin recounts the experiences of Salvadoran children who migrated with their families to the United States during the 1980–1992 civil war. Because of their youth and the violence they left behind, as well as their uncertain legal status in the United States, many grew up with distant memories of El Salvador and a profound sense of disjuncture in their adopted homeland. Through interviews in both countries, Coutin examines how they sought to understand and overcome the trauma of war and displacement through such strategies as recording community histories, advocating for undocumented immigrants, forging new relationships with the Salvadoran state, and, for those deported from the United States, reconstructing their lives in El Salvador. In focusing on the case of Salvadoran youth, Coutin’s nuanced analysis shows how the violence associated with migration can be countered through practices that recuperate historical memory while also reclaiming national membership.
Sometimes the outcome of a lawsuit depends upon sensations known only to the person who experiences them, such as the buzzing sound heard by a plaintiff who suffers from tinnitus after an accident. Lawyers, litigants, and expert witnesses are now seeking to re-create these sensations in the courtroom, using digital technologies to simulate litigants’ subjective experiences and thus to help jurors know—not merely know about—what it is like to be inside a litigant’s mind. But with this novel type of evidence comes a host of questions: Can anyone really know what it is like to have another person’s sensory experiences? Why should courts allow jurors to see or hear these simulations? And how might this evidence alter the ways in which judges and jurors do justice?
In Experiencing Other Minds in the Courtroom, Neal Feigenson turns the courtroom into a forum for exploring the profound philosophical, psychological, and legal ramifications of our efforts to know what other people’s conscious experiences are truly like. Drawing on disciplines ranging from cognitive psychology to psychophysics to media studies, Feigenson harnesses real examples of digitally simulated subjective perceptions to explain how the epistemological value of this evidence is affected by who creates it, how it is made, and how it is presented. Through his close scrutiny of the different kinds of simulations and the different knowledge claims they make, Feigenson is able to suggest best practices for how we might responsibly incorporate such evidence into the courtroom.
Islam’s tense relationship with modernity is one of the most crucial issues of our time. Within Islamic legal systems, with their traditional preference for eyewitness testimony, this struggle has played a significant role in attitudes toward expert witnesses. Utilizing a uniquely comparative approach, Ron Shaham here examines the evolution of the role of such witnesses in a number of Arab countries from the premodern period to the present.
Shaham begins with a history of expert testimony in medieval Islamic culture, analyzing the different roles played by male experts, especially physicians and architects, and females, particularly midwives. From there, he focuses on the case of Egypt, tracing the country’s reform of its traditional legal system along European lines beginning in the late nineteenth century. Returning to a broader perspective, Shaham draws on a variety of legal and historical sources to place the phenomenon of expert testimony in cultural context. A truly comprehensive resource, The Expert Witness in Islamic Courts will be sought out by a broad spectrum of scholars working in history, religion, gender studies, and law.
Illegally harvested ivory and endangered plants, mammals, reptiles, birds, and even insects are easily found for sale throughout East and Southern Africa. And this is just one part of the multi-billion-dollar illegal global trade in wildlife.
Wildlife is an important and even vital asset for both intrinsic and economic reasons. Yet it is illegally exploited on a massive scale to the point where some species now risk extinction. Exploiting the Wilderness provides a concise overview of this shameful business, describing some of the main species being exploited and examining select wildlife whose survival is imperiled due to heavy pressure from poachers to meet consumer demand.
Greg Warchol draws on his firsthand experience and research in Africa to examine the structure and operation of the illegal trade in wildlife. He identifies the participants as well as their motivations and operations, and explains the behavior of poachers, traffickers, and consumers of illegally obtained goods. He concludes with a description of legislative and law enforcement efforts to control and prevent wildlife exploitation along with a number of contemporary conservation initiatives designed to improve the ability of rangers to protect wildlife.
Like many cold war artifacts, the West’s export control policies and institutions are being reevaluated after the tumult in the communist world at the end of the 1980s. Policymakers and scholars are being forced to reexamine the premises of export control policy and the very concept of export controls as a tool of national security and foreign policy. This volume brings together expert scholars and government officials who provide contrasting perspectives and address the prospects for export controls. The contributors discuss the role and function of export control policies from a variety of perspectives—security, commerce, diplomacy, the European region, and that of the newly industrialized countries. Among the topics covered are the problems the United States and the Western export regime will face in the 1990s in light of changing international political alliances and dependencies, in defining strategic exports, in enforcing export controls, and the role of the Coordinating Committee for Multilateral Export Controls.
Contributors. Sumner Benson, Beverly Crawford, Richard t. Cupitt, Dorinda G. Dallmeyer, Paul Freedenberg, Martin J. Hillenbrand, Hanns-Dieter Jacobsen, Bruce W. Jentleson, Kevin J. Lasher, William J. Long, Janne Haaland Matlary, Jere W. Morehead, Henry R. Nau, Han S. Park, Kevin F. F. Quigley, Alen B. Sherr, Christine Westbrook
Anna Su Harvard University Press, 2016 Library of Congress KF4783.S8 2015 | Dewey Decimal 323.4420973
Religious freedom is recognized as a basic human right, guaranteed by nearly all national constitutions. Anna Su charts the rise of religious freedom as an ideal firmly enshrined in international law and shows how America’s promotion of the cause of individuals worldwide to freely practice their faith advanced its ascent as a global power.
Democrats and Republicans fight endlessly over health care, but neither side disputes one of the system’s most basic flaws: the foisting on patients of substantial costs through deductibles, copayments, and coinsurance. Marshalling a decade of research, Christopher Robertson shows why this model is dysfunctional and offers ideas for improvement.
Why do people obey the law? Law deters crime by specifying sanctions, and because people internalize its authority. But Richard McAdams says law also generates compliance through its expressive power to coordinate behavior (traffic laws) and inform beliefs (smoking bans)—that is, simply by what it says rather than what it sanctions.