John Hagedorn, who has long been an expert witness in gang-related court cases, claims that what transpires in the trials of gang members is a far cry from what we would consider justice. In Gangs on Trial, he recounts his decades of experience to show how stereotypes are used against gang members on trial and why that is harmful. Hagedorn uses real-life stories to explain how implicit bias often replaces evidence and how the demonization of gang members undermines fairness. Moreover, a “them and us” mentality leads to snap judgments that ignore the complexity of gang life in America.

Gangs on Trial dispels myths about gangs and recommends tactics for lawyers, mitigation specialists, and expert witnesses as well as offering insights for jurors. Hagedorn describes how minds are subconsciously “primed” when a defendant is identified as a gang member, and discusses the “backfire effect,” which occurs when jurors hear arguments that run counter to their beliefs. He also reveals how attributional errors, prejudice, and racism impact sentences of nonwhite defendants.

Hagedorn argues that dehumanization is the psychological foundation of mass incarceration. Gangs on Trial advocates for practical sentencing reforms and humanizing justice.

Outrages committed during violent conflict and as part of the 'war on terror' are not only an affront to human dignity -- they also violate the Geneva Conventions.

This book examines recent high-profile cases of repeated and open abuse of the Conventions. The contributors explore why these and related violations of international humanitarian law cannot be viewed as anomalies, but must be regarded as part of a pattern which is set to undermine the Geneva Conventions as a whole.

The contributors argue that an international system in which there is diminishing legal restraint on the use of force means that the world will become less secure and more volatile, even for those in the most powerful countries. Individuals everywhere face the prospect of a horrifying vulnerability.

This is the first scholarly yet accessible work to consider the meanings of outrages such as the normalisation of torture, as well as the worrying new normative, technical and tactical developments that challenge the purpose and standing of the Geneva Conventions.

Getting Around Brown is both the first history of school desegregation in Columbus, Ohio, and the first case study to explore the interplay of desegregation, business, and urban development in America.

Drawing on a broad range of sources, including over sixty interviews, the book details the causes and consequences of Penick v. Columbus Board of Education (1977). Gregory S. Jacobs argues that school desegregation in Columbus failed to produce equal educational opportunity, not because it was inherently detrimental to learning, but because it was incompatible with urban development. As a consequence, the long-term health of the city school district was sacrificed to preserve the growth of the city itself. The resulting middle-class abandonment of urban education in Columbus produced an increasingly poor, African-American city school system and a powerful form of defensive activism within the overwhelmingly white suburban systems.

The title of the book refers not only to the elaborate tools used to circumvent the spirit of the Supreme Court’s landmark 1954 Brown v. Board of Education decision but also to the need to move beyond the flawed dichotomies and failed policies that have come to define desegregation. The book calls for a reconsideration of the complicated relationship race, class, and housing patterns have with city school reform efforts, a relationship obscured by this country’s vitriolic and occasionally violent battle over busing. Jacobs concludes his study with a “modest proposal,” in which he recommends the abolition of the Columbus Public School District, the dispersal of its students throughout surrounding suburban systems, and the creation of a choice-based “experimental education zone” within the old city school district boundaries.

Readable and relevant, Getting around Brownis essential reading for scholars of recent American history, urban studies, civil rights and race relations, and educational policy, as well as anyone interested in public education and politics.

Justice isn't blind. It's winking. This is the message Americans get when, against the weight of overwhelming evidence, high-profile suspects go free; when there are special sentencing rules for battered wives or adult survivors of childhood abuse; when murderers are released from prison to rape and murder again, and politicians make political hay out of these cases; when lawyers look less like servants of higher values and more like profit seekers reaping fortunes by helping clients get away with murder. This book is a penetrating look into what's wrong with the American legal system, a devastating critique of how politics has corrupted criminal law in America.

Written with clarity and simplicity, Getting Away with Murder is a lesson in how the law works and a blueprint for how it should work. Susan Estrich takes on the enflamed issues, from the O. J. Simpson trial to three strikes legislation, but pushes well beyond the soundbite answers. Drawing on her background as a lawyer, political commentator, professor, and national campaign manager for Michael Dukakis, she brings academic expertise and political experience together in a way that very few people can.

In particular, Estrich argues that group-based jury nullification, like group-based abuse excuses, is precisely the wrong answer to the biases of the criminal justice system. Getting Away with Murder also views this system in the wider political arena, where fiascoes like the Willie Horton case stifle political debate and promote policies that tie the hands of judges in dealing with dangerous offenders. Lawyers do not escape Estrich's notice; she directs some of her most pointed remarks at the failure of the legal profession to tend to the ethical duties and legal values that it professes.

At a time when three quarters of black Americans believe that the criminal justice system is racist and unfair; when nearly half of all whites think it's ineffective and in decline; when crime, though falling, still tops the list of public concerns, and politicians exploit public distrust of the system to get elected, Getting Away with Murder makes a statement that is powerful, controversial, and urgently needed.

After the siege ended at Wounded Knee, the real battle had yet to be fought. The 1973 standoff in South Dakota between Oglala Lakota Indians and federal lawmen led to the criminal prosecution of American Indian Movement leaders Dennis Banks and Russell Means. The ten-month trial had all the earmarks of a political tribunal; with the defense led by William Kunstler and the prosecution backed by the Nixon administration, it became a media battle for public opinion.

This first book-length study of the Wounded Knee trials demonstrates the impact that legal institutions and the media have on political dissent. It also shows how the dissenters as defendants can influence these institutions and the surrounding political and cultural climate. AIM and its attorneys successfully turned the courtroom into a political forum on the history of U.S.-Indian relations but were often frustrated in telling their story by the need to observe legal procedures--and by the media's stereotyping them as Indian warriors or sixties militants. John Sayer draws on court records, news reports, and interviews with participants to show how the defense, and ultimately the prosecution, had to respond continually to legal constraints, media coverage, and political events taking place outside the courtroom.

Although Banks and Means and most of the other protesters were acquitted, Sayer notes that the confinement of AIM protests to the courtroom robbed the movement of considerable momentum. Ghost Dancing the Law shows how legal proceedings can effectively quell dissent and represents both a critical chapter in the struggle of Native Americans and an important milestone at the crossroads of law and politics.

The front pages of our newspapers and the lead stories on the evening news bear witness to the divorce of law from justice. The rich and famous get away with murder; Fortune 500 corporations operate sweatshops with impunity; blue-chip energy companies that spoil the environment and sicken communities face mere fines that don't dent profits. In The Gift of Science, a bold, revisionist account of 300 years of jurisprudence, Roger Berkowitz looks beyond these headlines to explore the historical and philosophical roots of our current legal and ethical crisis.

Moving from the scientific revolution to the nineteenth-century rise of legal codes, Berkowitz tells the story of how lawyers and philosophers invented legal science to preserve law's claim to moral authority. The "gift" of science, however, proved bittersweet. Instead of strengthening the bond between law and justice, the subordination of law to science transformed law from an ethical order into a tool for social and economic ends. Drawing on major figures from the traditions of law, philosophy, and history, The Gift of Science is not only a mesmerizing and original intellectual history of law; it shows how modern law remains imprisoned by a failed scientific metaphysics.

Give and Take offers a new history of government in Tokugawa Japan (1600–1868), one that focuses on ordinary subjects: merchants, artisans, villagers, and people at the margins of society such as outcastes and itinerant entertainers. Most of these individuals are now forgotten and do not feature in general histories except as bystanders, protestors, or subjects of exploitation. Yet despite their subordinate status, they actively participated in the Tokugawa polity because the state was built on the principle of reciprocity between privilege-granting rulers and duty-performing status groups. All subjects were part of these local, self-governing associations whose members shared the same occupation. Tokugawa rulers imposed duties on each group and invested them with privileges, ranging from occupational monopolies and tax exemptions to external status markers. Such reciprocal exchanges created permanent ties between rulers and specific groups of subjects that could serve as conduits for future interactions.

This book is the first to explore how high and low people negotiated and collaborated with each other in the context of these relationships. It takes up the case of one domain—Ōno in central Japan—to investigate the interactions between the collective bodies in domain society as they addressed the problem of poverty.

Give and Take offers a new history of government in Tokugawa Japan (1600–1868), one that focuses on ordinary subjects: merchants, artisans, villagers, and people at the margins of society such as outcastes and itinerant entertainers. Most of these individuals are now forgotten and do not feature in general histories except as bystanders, protesters, or subjects of exploitation. Yet despite their subordinate status, they actively participated in the Tokugawa polity because the state was built on the principle of reciprocity between privilege-granting rulers and duty-performing status groups. All subjects were part of these local, self-governing associations whose members shared the same occupation. Tokugawa rulers imposed duties on each group and invested them with privileges, ranging from occupational monopolies and tax exemptions to external status markers. Such reciprocal exchanges created permanent ties between rulers and specific groups of subjects that could serve as conduits for future interactions.

This book is the first to explore how high and low people negotiated and collaborated with each other in the context of these relationships. It takes up the case of one domain—Ōno in central Japan—to investigate the interactions between the collective bodies in domain society as they addressed the problem of poverty.

“Margaret Leary's carefully researched book illuminates a complex man who marked his university in a truly enduring way."
---Francis X. Blouin Jr., Director, Bentley Historical Library, and Professor, School of Information and Department of History, University of Michigan

“Generations of Michigan Law grads have passed on myths about their generous but eccentric benefactor. . . . Now Margaret Leary has given us the real story, and it reads like a gripping whodunit."
---Theodore J. St. Antoine, James E. and Sarah A. Degan Professor Emeritus of Law and Past Dean, University of Michigan Law School

“In an absorbing book, Margaret Leary unstintingly investigates unpublished, archival material to unravel enigmas surrounding William Wilson Cook. She brings to life Cook's brilliant interactions with powerful moguls of the early twentieth century as she traces his lofty, philanthropic mission to elevate the legal profession."
---Ilene H. Forsyth, Arthur F. Thurnau Professor of the History of Art, emerita, University of Michigan

William W. Cook, born in 1858 and a graduate of the University of Michigan and of its law school, made his fortune by investing in the burgeoning telegraph and communications industry, as well as in representing the Mackay Company in their frequent tumultuous battles with Western Union and the U.S. government. Though Cook entered New York society and never returned to Michigan after receiving his law degree, he decided not just to give his alma mater the finest physical facility of any existing law school, but to donate permanent resources that would permit the law school to engage in groundbreaking legal research. However, his generosity proved controversial and eventually very litigious. Margaret A. Leary places Cook's story in the rich social and cultural context of his time and paints a fascinating portrait of a complex figure whose legacy continues to shape the University of Michigan.

Cover photographs: (left) Gregory Fox Photography; (right) Ann B. Cook collection, photo by Russell R. Serbay

2004 — A Choice Outstanding Academic Book

International law has become the key arena for protecting the global environment. Since the 1970s, literally hundreds of international treaties, protocols, conventions, and rules under customary law have been enacted to deal with such problems as global warming, biodiversity loss, and toxic pollution. Proponents of the legal approach to environmental protection have already achieved significant successes in such areas as saving endangered species, reducing pollution, and cleaning up whole regions, but skeptics point to ongoing environmental degradation to argue that international law is an ineffective tool for protecting the global environment.

In this book, Joseph DiMento reviews the record of international efforts to use law to make our planet more livable. He looks at how law has been used successfully—often in highly innovative ways—to influence the environmental actions of governments, multinational corporations, and individuals. And he also assesses the failures of international law in order to make policy recommendations that could increase the effectiveness of environmental law. He concludes that a "supranational model" is not the preferred way to influence the actions of sovereign nations and that international environmental law has been and must continue to be a laboratory to test approaches to lawmaking and implementation for the global community.

The international community has made great progress in improving global health. But staggering health inequalities between rich and poor still remain, raising fundamental questions of social justice. In a book that systematically defines the burgeoning field of global health law, Lawrence Gostin drives home the need for effective global governance for health and offers a blueprint for reform, based on the principle that the opportunity to live a healthy life is a basic human right.

Gostin shows how critical it is for institutions and international agreements to focus not only on illness but also on the essential conditions that enable people to stay healthy throughout their lifespan: nutrition, clean water, mosquito control, and tobacco reduction. Policies that shape agriculture, trade, and the environment have long-term impacts on health, and Gostin proposes major reforms of global health institutions and governments to ensure better coordination, more transparency, and accountability. He illustrates the power of global health law with case studies on AIDS, influenza, tobacco, and health worker migration.

Today's pressing health needs worldwide are a problem not only for the medical profession but also for all concerned citizens. Designed with the beginning student, advanced researcher, and informed public in mind, Global Health Law will be a foundational resource for teaching, advocacy, and public discourse in global health.

With lessons learned from COVID-19, a world-leading expert on pandemic preparedness proposes a pragmatic plan urgently needed for the future of global health security.

The COVID-19 pandemic revealed how unprepared the world was for such an event, as even the most sophisticated public health systems failed to cope. We must have far more investment and preparation, along with better detection, warning, and coordination within and across national boundaries. In an age of global pandemics, no country can achieve public health on its own. Health security planning is paramount.

Lawrence O. Gostin has spent three decades designing resilient health systems and governance that take account of our interconnected world, as a close advisor to the Centers for Disease Control and Prevention (CDC), the World Health Organization (WHO), and many public health agencies globally. Global Health Security addresses the borderless dangers societies now face, including infectious diseases and bioterrorism, and examines the political, environmental, and socioeconomic factors exacerbating these threats. Weak governance, ineffective health systems, and lack of preparedness are key sources of risk, and all of them came to the fore during the COVID-19 crisis, even—sometimes especially—in wealthy countries like the United States. But the solution is not just to improve national health policy, which can only react after the threat is realized at home. Gostin further proposes robust international institutions, tools for effective cross-border risk communication and action, and research programs targeting the global dimension of public health.

Creating these systems will require not only sustained financial investment but also shared values of cooperation, collective responsibility, and equity. Gostin has witnessed the triumph of these values in national and international forums and has a clear plan to tackle the challenges ahead. Global Health Security therefore offers pragmatic solutions that address the failures of the recent past, while looking toward what we know is coming. Nothing could be more important to the future health of nations.

The Gloss of Harmony focuses on agencies of the United Nations, examining the paradox of entrusting relatively powerless and underfunded organisations with the responsibility of tackling some of the essential problems of our time. The book shows how international organisations shape the world in often unexpected and unpredictable ways.

The authors of this collection look not only at the official objectives and unintended consequences of international governance but also at how international organisations involve collective and individual actors in policy making, absorb critique, attempt to neutralise political conflict and create new political fields with local actors and national governments.

The Gloss of Harmony identifies the micro-social processes and complexities within multilateral organisations which have, up to now, been largely invisible. This book will have wide appeal not only to students and academics in anthropology, business studies and sociology but also to all practitioners concerned with international governance.

The nonprofit sector is a vital component of our society and is allowed the greatest freedom to operate. The public understandably assumes that since nonprofit organizations are established to do good, the people who run nonprofits are altruistic, and the laws governing nonprofits have reflected this assumption. But as Marion Fremont-Smith argues, the rules that govern how nonprofits operate are inadequate, and the regulatory mechanisms designed to enforce the rules need improvement.

Despite repeated instances of negligent management, self-interest at the expense of the charity, and outright fraud, nonprofits continue to receive minimal government regulation. In this time of increased demand for corporate accountability, the need to strengthen regulation of nonprofits is obvious. Fremont-Smith addresses this need from a historical, legal, and organizational perspective. She combines summaries and analysis of the substantive legal rules governing the behavior of charitable officers, directors, and trustees with descriptions of the federal and state regulatory schemes designed to enforce these rules. Her unique and exhaustive historical survey of the law of nonprofit organizations provides a foundation for her analysis of the effectiveness of current law and proposals for its improvement.

During the past thirty years, the American workplace has undergone fundamental changes in the composition of its workforce, its technology, its financial structure, and its competitive position. These social and economic transformations have been paralleled by equally profound changes in the legal framework of the employment relationship. The National Labor Relations Act has proved incapable of protecting the long-established right of employees to union representation against growing resistance by employers. And to fill the gap created by the decline of unions, the legislatures and courts have been busy creating and enforcing many new individual employee rights.

Governing the Workplace addresses this new world of work. Its main concern is with the question of who will represent the interests of workers in major decisions about their lives: how and when they will be hired, fired, and retired, and how they will be treated when they are on the job. The book examines in vivid detail many real-life problems, ranging from wrongful dismissal and mandatory drug testing to pay equity and occupational safety, to employee involvement on the shop floor and in the corporate boardroom. Should workers be represented by a lawyer in the courtroom, by a government official in charge of an administrative program, by the employer’s personnel manager, by the union leader engaged in collective bargaining with the employer, or by the employees themselves participating in a committee that exercises real influence inside the firm? After undertaking a systematic appraisal of each of these options, leading labor lawyer Paul Weiler develops a blueprint for the reconstruction of the law of the workplace, especially designed to give American workers more effective representation.

The dramatic growth of government over the course of the twentieth century since the New Deal prompts concern among libertarians and conservatives and also among those who worry about government’s costs, efficiency, and quality of service. These concerns, combined with rising confidence in private markets, motivate the widespread shift of federal and state government work to private organizations. This shift typically alters only who performs the work, not who pays or is ultimately responsible for it. “Government by contract” now includes military intelligence, environmental monitoring, prison management, and interrogation of terrorism suspects.

Outsourcing government work raises questions of accountability. What role should costs, quality, and democratic oversight play in contracting out government work? What tools do citizens and consumers need to evaluate the effectiveness of government contracts? How can the work be structured for optimal performance as well as compliance with public values?

Government by Contract explains the phenomenon and scope of government outsourcing and sets an agenda for future research attentive to workforce capacities as well as legal, economic, and political concerns.

From the early seventeenth to the mid-nineteenth century, the Tokugawa shogunate enacted and enforced myriad laws and ordinances to control nearly every aspect of Japanese life, including observance of a person’s death. In particular, the shoguns Tsunayoshi and Yoshimune issued strict decrees on mourning and abstention that dictated compliance throughout the land and survived the political upheaval of the Meiji Restoration to persist well into the twentieth century.

Atsuko Hirai reveals the pivotal relationship between these shogunal edicts and the legitimacy of Tokugawa rule. By highlighting the role of narimono chojirei (injunctions against playing musical instruments) within their broader context, she shows how this class of legislation played an important integrative part in Japanese society not only through its comprehensive implementation, especially for national mourning of major political figures, but also by its codification of the religious beliefs and customs that the Japanese people had cherished for innumerable generations.

For all the turmoil that roiled financial markets during the Great Recession and its aftermath, Wall Street forecasts once again turned bullish and corporate profitability soared to unprecedented heights. How does capitalism consistently generate profits despite its vulnerability to destabilizing events that can plunge the global economy into chaos? The Great Levelerelucidates the crucial but underappreciated role of the law in regulating capitalism’s rhythms of accumulation and growth.

Brett Christophers argues that capitalism requires a delicate balance between competition and monopoly. When monopolistic forces become dominant, antitrust law steps in to discourage the growth of giant corporations and restore competitiveness. When competitive forces become dominant, intellectual property law steps in to protect corporate assets and encourage investment. These two sets of laws—antitrust and intellectual property—have a pincer effect on corporate profitability, ensuring that markets become neither monopolistic, which would lead to rent-seeking and stagnation, nor overly competitive, which would drive down profits.

Christophers pursues these ideas through a close study of the historical development of American and British capitalist economies from the late nineteenth century to the present, tracing the relationship between monopoly and competition in each country and the evolution of legal mechanisms for keeping these forces in check. More than an illuminating study of the economic role of law, The Great Leveler is a bold and fresh dissection of the anatomy of modern capitalism.

Until now there has been no summary or overview of the wide range of work contributing to critical legal studies, the movement that has aroused such a furor in the communities of law and political philosophy. This book outlines and evaluates the principal strands of critical legal studies, and achieves much more as well.

A good deal of the writing in critical legal studies has been devoted to laying bare the contradictions in liberal thought. There have been attacks and counterattacks on the liberal position and on the more conservative law and economics position. Now Mark Kelman demonstrates that any critique of law and economics is inextricably tied to a broader critique of liberalism.

There are three central contradictions in liberal thought: between a commitment to mechanically applicable rules and to standards that fluctuate with situations; between intrinsic individual values and the objective knowledge of ethical truths; and between free will and determinism. Kelman shows us the pervasiveness of these contradictions in legal doctrine; their connection to broader political theory and to visions of human nature; and, finally, the degree to which mainstream thought tends to privilege certain of these commitments over others.

The author also analyzes two of the most significant components of jurisprudence today the law and economics discipline and the legal process school. He concludes with a lively discussion of the role of law generally and of “cognitive legitimation,” or the ways in which legal thought can make the unnecessary, the contingent, and the unjust seem natural, inevitable, and fair.

Behind the passionate debate over gun control and armed crime lurk assumptions about the link between guns and violence. Indeed, the belief that more guns in private hands means higher rates of armed crime underlies most modern gun control legislation. But are these assumptions valid?

Investigating the complex and controversial issue of the real relationship between guns and violence, Joyce Lee Malcolm presents an incisive, thoroughly researched historical study of England, whose strict gun laws and low rates of violent crime are often cited as proof that gun control works. To place the private ownership of guns in context, Malcolm offers a wide-ranging examination of English society from the Middle Ages to the late twentieth century, analyzing changing attitudes toward crime and punishment, the impact of war, economic shifts, and contrasting legal codes on violence. She looks at the level of armed crime in England before its modern restrictive gun legislation, the limitations that gun laws have imposed, and whether those measures have succeeded in reducing the rate of armed crime.

Malcolm also offers a revealing comparison of the experience in England experience with that in the modern United States. Today Americans own some 200 million guns and have seen eight consecutive years of declining violence, while the English--prohibited from carrying weapons and limited in their right to self-defense have suffered a dramatic increase in rates of violent crime.

This timely and thought-provoking book takes a crucial step in illuminating the actual relationship between guns and violence in modern society.