Private law is a familiar and pervasive phenomenon. It applies our deepest intuitions about personal responsibility and justice to the property we own and use, to the injuries we inflict or avoid, and to the contracts which we make or break. The Idea of Private Law offers a new way of understanding this phenomenon. Rejecting the functionalism popular among legal scholars, Ernest Weinrib advances the provocative idea that private law is an autonomous and noninstrumental moral practice, with its own structure and rationality. Weinrib draws on Kant and Aristotle to set out a formalist approach to private law that repudiates the identification of law with politics or economics. Weinrib argues that private law is to be understood not as a mechanism for promoting efficiency but as a juridical enterprise in which coherent public reason elaborates the norms implicit in the parties' interaction. The book combines philosophical exposition and legal analysis, and pays special attention to issues of tort law.

Private law, Weinrib tells us, embodies a special morality that links the doer and the sufferer of harm. Weinrib elucidates the standpoint internal to this morality, in opposition to functionalists, who view private law as an instrument in the service of external and independently justifiable goals. After establishing the inadequacy of functionalist approaches, Weinrib traces the implications of the formalism he proposes for our ideas of the structure, coherence, and normative grounding of private law. Furthermore, the author shows how this formalism manifests itself in the leading doctrines of private law liability. Finally, he describes the public but nonpolitical role of the courts in articulating the special morality of private law.

Federalism is regarded as one of the signal American contributions to modern politics. Its origins are typically traced to the drafting of the Constitution, but the story began decades before the delegates met in Philadelphia.

In this groundbreaking book, Alison LaCroix traces the history of American federal thought from its colonial beginnings in scattered provincial responses to British assertions of authority, to its emergence in the late eighteenth century as a normative theory of multilayered government. The core of this new federal ideology was a belief that multiple independent levels of government could legitimately exist within a single polity, and that such an arrangement was not a defect but a virtue. This belief became a foundational principle and aspiration of the American political enterprise. LaCroix thus challenges the traditional account of republican ideology as the single dominant framework for eighteenth-century American political thought. Understanding the emerging federal ideology returns constitutional thought to the central place that it occupied for the founders. Federalism was not a necessary adaptation to make an already designed system work; it was the system.

Connecting the colonial, revolutionary, founding, and early national periods in one story reveals the fundamental reconfigurations of legal and political power that accompanied the formation of the United States. The emergence of American federalism should be understood as a critical ideological development of the period, and this book is essential reading for everyone interested in the American story.

An authoritative reassessment of one of the Third Reich’s most notorious war criminals, whose alleged sexual barbarism made her a convenient scapegoat and obscured the true nature of Nazi terror.

On September 1, 1967, one of the Third Reich’s most infamous figures hanged herself in her cell after nearly twenty-four years in prison. Known as the “Bitch of Buchenwald,” Ilse Koch was singularly notorious, having been accused of owning lampshades fabricated from skins of murdered camp inmates and engaging in “bestial” sexual behavior. These allegations fueled a public fascination that turned Koch into a household name and the foremost symbol of Nazi savagery. Her subsequent prosecution resulted in a scandal that prompted US Senate hearings and even the intervention of President Truman.

Yet the most sensational atrocities attributed to Koch were apocryphal or unproven. In this authoritative reappraisal, Tomaz Jardim shows that, while Koch was guilty of heinous crimes, she also became a scapegoat for postwar Germans eager to distance themselves from the Nazi past. The popular condemnation of Koch—and the particularly perverse crimes attributed to her by prosecutors, the media, and the public at large—diverted attention from the far more consequential but less sensational complicity of millions of ordinary Germans in the Third Reich’s crimes.

Ilse Koch on Trial reveals how gendered perceptions of violence and culpability drove Koch’s zealous prosecution at a time when male Nazi perpetrators responsible for greater crimes often escaped punishment or received lighter sentences. Both in the international press and during her three criminal trials, Koch was condemned for her violation of accepted gender norms and “good womanly behavior.” Koch’s “sexual barbarism,” though treated as an emblem of the Third Reich’s depravity, ultimately obscured the bureaucratized terror of the Nazi state and hampered understanding of the Holocaust.

Laws and regulations are ubiquitous, touching on many aspects of individual and corporate behavior. But under what conditions are laws and rules actually effective? A huge amount of recent work in political science, sociology, economics, criminology, law, and psychology, among other disciplines, deals with this question. But these fields rarely inform one another, leaving the state of research disjointed and disorganized. Lawrence M. Friedman finds order in this cacophony. Impact gathers recent findings into one overarching analysis and lays the groundwork for a cohesive body of work in what Friedman labels “impact studies.”

The first important factor that has a bearing on impact is communication. A rule or law has no effect if it never reaches its intended audience. The public’s fund of legal knowledge, the clarity of the law, and the presence of information brokers all influence the flow of information from lawmakers to citizens. After a law is communicated, subjects sometimes comply, sometimes resist, and sometimes adjust or evade. Three clusters of motives help shape which reaction will prevail: first, rewards and punishments; second, peer group influences; and third, issues of conscience, legitimacy, and morality. When all of these factors move in the same direction, law can have a powerful impact; when they conflict, the outcome is sometimes unpredictable.

“Sunstein has written the story of impeachment every citizen needs to know. This is a remarkable, essential book.” —Doris Kearns Goodwin

As Benjamin Franklin famously put it, Americans have a republic, if we can keep it. Preserving the Constitution and the democratic system it supports is the public’s responsibility. One route the Constitution provides for discharging that duty—a route rarely traveled—is impeachment.

Cass R. Sunstein provides a succinct citizen’s guide to an essential tool of self-government. He illuminates the constitutional design behind impeachment and emphasizes the people’s role in holding presidents accountable. Despite intense interest in the subject, impeachment is widely misunderstood. Sunstein identifies and corrects a number of misconceptions. For example, he shows that the Constitution, not the House of Representatives, establishes grounds for impeachment, and that the president can be impeached for abuses of power that do not violate the law. Even neglect of duty counts among the “high crimes and misdemeanors” delineated in the republic’s foundational document. Sunstein describes how impeachment helps make sense of our constitutional order, particularly the framers’ controversial decision to install an empowered executive in a nation deeply fearful of kings.

With an eye toward the past and the future, Impeachment: A Citizen’s Guide considers a host of actual and imaginable arguments for a president’s removal, explaining why some cases are easy and others hard, why some arguments for impeachment have been judicious and others not. In direct and approachable terms, it dispels the fog surrounding impeachment so that Americans of all political convictions may use their ultimate civic authority wisely.

In 2011, in one sign of a burgeoning interest in the morality of human interactions with nonhuman animals, a panel hosted by the American Association for the Advancement of Science declared that dolphins and orcas should be legally regarded as persons. Multiple law schools now offer classes in animal law and have animal law clinics, placing their students with a growing range of animal rights and animal welfare advocacy organizations. But is legal personhood the best means to achieving total interspecies liberation? To answer that question, Impersonating Animals evaluates the rhetoric of animal rights activists Steven Wise and Gary Francione, as well as the Earth jurisprudence paradigm. Deploying a critical ecofeminist stance sensitive to the interweaving of ideas about race, gender, class, sexuality, ability, and species, author S. Marek Muller places animal rights rhetoric in the context of discourses in which some humans have been deemed more animal than others and some animals have been deemed more human than others. In bringing rhetoric and animal studies together, she shows that how we communicate about nonhuman beings necessarily affects relationships across species boundaries and among people. This book also highlights how animal studies scholars and activists can and should use ideological rhetorical criticism to investigate the implications of their tactics and strategies, emphasizing a critical vegan rhetoric as the best means of achieving liberation for human and nonhuman animals alike.

This book argues that the Supreme Court performs two functions. The first is to identify the Constitution's idealized "meaning." The second is to develop tests and doctrines to realize that meaning in practice. Bridging the gap between the two--implementing the Constitution--requires moral vision, but also practical wisdom and common sense, ingenuity, and occasionally a willingness to make compromises.

In emphasizing the Court's responsibility to make practical judgments, Implementing the Constitution takes issue with the two positions that have dominated recent debates about the Court's proper role. Constitutional "originalists" maintain that the Court's essential function is to identify the "original understanding" of constitutional language and then apply it deductively to current problems. This position is both unwise and unworkable, the book argues. It also critiques well-known accounts according to which the Court is concerned almost exclusively with matters of moral and constitutional principle.

Implementing the Constitution bridges the worlds of constitutional theory, political theory, and constitutional practice. It illuminates the Supreme Court's decision of actual cases and its development of well-known doctrines. It is a doctrinal study that yields jurisprudential insights and a contribution to constitutional theory that is closely tied to actual judicial practice.

In Defense of Sovereignty recounts the history of the Oneida Nation and its struggles for self-determination. Since the nation’s removal from New York in the 1820s to what would become the state of Wisconsin, it has been engaged in legal conflicts with US actors to retain its sovereignty and its lands. Legal scholar and former Oneida Nation senior staff attorney Rebecca M. Webster traces this history, including the nation’s treaties with the US but focusing especially on its relationship with the village of Hobart, Wisconsin. Since 2003 there have been six disputes that have led to litigation between the local government and the nation. Central to these disputes are the local government’s attempts to regulate the nation and relegate its government to the position of a common landowner, subject to municipal authority.

As in so many conflicts between Indigenous nations and local municipalities, the media narrative about the Oneida Nation’s battle for sovereignty has been dominated by the local government’s standpoint. In Defense of Sovereignty offers another perspective, that of a nation citizen directly involved in the litigation, augmented by contributions from historians, attorneys, and a retired nation employee. It makes an important contribution to public debates about the inherent right of Indigenous nations to continue to exist and exercise self-governance within their territories without being challenged at every turn.

The criminal justice process is unavoidably human. Police detectives, witnesses, suspects, and victims shape the course of investigations, while prosecutors, defense attorneys, jurors, and judges affect the outcome of adjudication. In this sweeping review of psychological research, Dan Simon shows how flawed investigations can produce erroneous evidence and why well-meaning juries send innocent people to prison and set the guilty free.

The investigator’s task is genuinely difficult and prone to bias. This often leads investigators to draw faulty conclusions, assess suspects’ truthfulness incorrectly, and conduct coercive interrogations that can lead to false confessions. Eyewitnesses’ identification of perpetrators and detailed recollections of criminal events rely on cognitive processes that are often mistaken and can easily be skewed by the investigative procedures used. In the courtroom, jurors and judges are ill-equipped to assess the accuracy of testimony, especially in the face of the heavy-handed rhetoric and strong emotions that crimes arouse.

Simon offers an array of feasible ways to improve the accuracy of criminal investigations and trials. While the limitations of human cognition will always be an obstacle, these reforms can enhance the criminal justice system’s ability to decide correctly whom to release and whom to punish.

This book contains the oral testimony of victims of pornography, spoken on the record for the first time in history.

Speaking at hearings on a groundbreaking antipornography civil rights law, women offer eloquent witness to the devastation pornography has caused in their lives. Supported by social science experts and authorities on rape, battery, and prostitution, discounted and opposed by free speech advocates and absolutists, their riveting testimony articulates the centrality of pornography to sexual abuse and inequity today.

At issue in these hearings is a law conceived and drafted by Andrea Dworkin and Catharine A. MacKinnon that defines harm done through pornography as a legal injury of sex discrimination warranting civil redress. From the first set of hearings in Minneapolis in 1983 through those before the Massachusetts state legislature in 1992, the witnesses heard here expose the commonplace reality of denigration and sexual subordination due to pornography and refute the widespread notion that pornography is harmless expression that must be protected by the state.

Introduced with powerful essays by MacKinnon and Dworkin, these hearings--unabridged and with each word scrupulously verified--constitute a unique record of a conflict over the meaning of democracy itself--a major civil rights struggle for our time and a fundamental crisis in United States constitutional law: Can we sacrifice the lives of women and children to a pornographer's right to free "speech"? Can we allow the First Amendment to shield sexual exploitation and predatory sexual violence? These pages contain all the arguments for protecting pornography--and dramatically document its human cost.

This book is devoted to a deceptively simple but original argument: that copying is an essential part of being human, that the ability to copy is worthy of celebration, and that, without recognizing how integral copying is to being human, we cannot understand ourselves or the world we live in.

In spite of the laws, stigmas, and anxieties attached to it, the word “copying” permeates contemporary culture, shaping discourse on issues from hip hop to digitization to gender reassignment, and is particularly crucial in legal debates concerning intellectual property and copyright. Yet as a philosophical concept, copying remains poorly understood. Working comparatively across cultures and times, Marcus Boon undertakes an examination of what this word means—historically, culturally, philosophically—and why it fills us with fear and fascination. He argues that the dominant legal-political structures that define copying today obscure much broader processes of imitation that have constituted human communities for ages and continue to shape various subcultures today. Drawing on contemporary art, music and film, the history of aesthetics, critical theory, and Buddhist philosophy and practice, In Praise of Copying seeks to show how and why copying works, what the sources of its power are, and the political stakes of renegotiating the way we value copying in the age of globalization.

From debt to divorce, from adultery to slander, cases with women as plaintiffs, defendants, or both appeared regularly on docket books in antebellum Illinois. Nearly one-fifth of Abraham Lincoln's cases involved women as litigants, and during the twenty-five years of his legal career thousands of women appeared in Illinois courts, as litigants, criminal defendants, witnesses, and spectators.

Drawing on the rich resources of The Law Practice of Abraham Lincoln: Complete Documentary Edition, a DVD version of Lincoln's complete legal papers, In Tender Consideration scans the full range of family woes that antebellum Americans took to the law. Deserted wives, destitute widows, jilted brides with illegitimate children, and slandered women brought their cases before the courts, often receiving a surprising degree of sympathy and support.

Through the stories of dozens of individuals who took legal action to obtain a divorce, contest a will, prosecute a rapist, or assert rights to family property, this volume illuminates the legal status of women and children in Illinois and their experiences with the law in action. Contributors document how the courts viewed children and how they responded to inheritance, custody, and other types of cases involving children or their interests. These cases also highlight Lincoln's life in law, placing him more clearly within the context of the legal culture in which he lived and raising intriguing questions about the influence of his legal life on his subsequent political one.

For more than a century, in settings where the political branches of government were unable or unwilling to exercise self-restraint, the Supreme Court was disposed to treat federal war powers legislation as exempt from judicial review, an attitude that permitted numerous abuses from Prohibition to press censorship.

Though the First World War officially ended in 1918, the Senate’s rejection of the Versailles Treaty kept the United States in a legal state of war until late 1921. Exploring the interplay between political and social events and the evolution of legal theory Christopher May tells how during this challenging three-year period, the government invoked the war powers to pursue ends otherwise beyond its reach: with the backing of Congress and seemingly free from judicial scrutiny, the Wilson administration took over the country’s rail and communications systems, outlawed profiteering, prosecuted strikers, suppressed “radicals” and censored the leftist press. None of these measures bore any true relation to the war, says the author, who then describes the course through which the Supreme Court, confronted by this pattern of abuse, finally abandoned its long-standing refusal to review the constitutionality of war powers legislation.

In the Name of War explores the roles played by Woodrow Wilson, Joseph Tumulty, Albert Burleson, and A. Mitchell Palmer—men whose personal ambitions frequently shaped official policy in the late Progressive Era. After analyzing the Court’s more recent record, including the internment of Japanese-Americans in World War II, May draws some practical conclusions about the use of judicial intervention in time of crisis that are sure to attract the attention of lawyers, legal scholars, historians, and students of the Constitution.

Contrary to the conventional wisdom that sectarianism is intrinsically linked to violence, bloodshed, or social disharmony, Max Weiss uncovers the complex roots of Shiʿi sectarianism in twentieth-century Lebanon.

The template for conflicted relations between the Lebanese state and Shiʿi society arose under French Mandate rule through a process of gradual transformation, long before the political mobilization of the Shiʿi community under the charismatic Imam Musa al-Sadr and his Movement of the Deprived, and decades before the radicalization linked to Hizballah. Throughout the period, the Shiʿi community was buffeted by crosscutting political, religious, and ideological currents: transnational affiliations versus local concerns; the competing pull of Arab nationalism and Lebanese nationalism; loyalty to Jabal ʿAmil, the cultural heartland of Shiʿi Lebanon; and the modernization of religious and juridical traditions.

Uncoupling the beginnings of modern Shiʿi collective identity from the rise of political Shiʿism, Weiss transforms our understanding of the nature of sectarianism and shows why in Lebanon it has been both so productive and so destructive at the same time.

An Economist Best Book of the Year

How India’s Constitution came into being and instituted democracy after independence from British rule.

Britain’s justification for colonial rule in India stressed the impossibility of Indian self-government. And the empire did its best to ensure this was the case, impoverishing Indian subjects and doing little to improve their socioeconomic reality. So when independence came, the cultivation of democratic citizenship was a foremost challenge.

Madhav Khosla explores the means India’s founders used to foster a democratic ethos. They knew the people would need to learn ways of citizenship, but the path to education did not lie in rule by a superior class of men, as the British insisted. Rather, it rested on the creation of a self-sustaining politics. The makers of the Indian Constitution instituted universal suffrage amid poverty, illiteracy, social heterogeneity, and centuries of tradition. They crafted a constitutional system that could respond to the problem of democratization under the most inhospitable conditions. On January 26, 1950, the Indian Constitution—the longest in the world—came into effect.

More than half of the world’s constitutions have been written in the past three decades. Unlike the constitutional revolutions of the late eighteenth century, these contemporary revolutions have occurred in countries characterized by low levels of economic growth and education, where voting populations are deeply divided by race, religion, and ethnicity. And these countries have democratized at once, not gradually. The events and ideas of India’s Founding Moment offer a natural reference point for these nations where democracy and constitutionalism have arrived simultaneously, and they remind us of the promise and challenge of self-rule today.

The indigenous Bedouin Arab population in the Naqab/Negev desert in Israel has experienced a history of displacement, intense political conflict, and cultural disruption, along with recent rapid modernization, forced urbanization, and migration. This volume of essays highlights international, national, and comparative law perspectives and explores the legal and human rights dimensions of land, planning, and housing issues, as well as the economic, social, and cultural rights of indigenous peoples. Within this context, the essays examine the various dimensions of the “negotiations” between the Bedouin Arab population and the State of Israel.

Indigenous (In)Justice locates the discussion of the Naqab/Negev question within the broader Israeli-Palestinian conflict and within key international debates among legal scholars and human rights advocates, including the application of the Declaration on the Rights of Indigenous Peoples, the formalization of traditional property rights, and the utility of restorative and reparative justice approaches. Leading international scholars and professionals, including the current United Nations Special Rapporteur on Violence against Women and the former United Nations Special Rapporteur on the Rights of Indigenous Peoples, are among the contributors to this volume.

The legacies of borders are far-reaching for Indigenous Peoples. This collection offers new ways of understanding borders by departing from statist approaches to territoriality. Bringing together the fields of border studies, human rights, international relations, and Indigenous studies, it features a wide range of voices from across academia, public policy, and civil society. The contributors explore the profound and varying impacts of borders on Indigenous Peoples around the world and the ways borders are challenged and worked around. From Bangladesh’s colonially imposed militarized borders to resource extraction in the Russian Arctic and along the Colombia-Ecuador border to the transportation of toxic pesticides from the United States to Mexico, the chapters examine sovereignty, power, and obstructions to Indigenous rights and self-determination as well as globalization and the economic impacts of borders. Indigenous Peoples and Borders proposes future action that is informed by Indigenous Peoples’ voices, needs, and advocacy.

Contributors. Tone Bleie, Andrea Carmen, Jacqueline Gillis, Rauna Kuokkanen, Elifuraha Laltaika, Sheryl Lightfoot, David Bruce MacDonald, Toa Elisa Maldonado Ruiz, Binalakshmi “Bina” Nepram, Melissa Z. Patel, Manoel B. do Prado Junior, Hana Shams Ahmed, Elsa Stamatopoulou, Liubov Suliandziga, Rodion Sulyandziga, Yifat Susskind, Erika M. Yamada

The most extensive account yet of the lives of cybercriminals and the vast international industry they have created, deeply sourced and based on field research in the world’s technology-crime hotspots.

Cybercrime seems invisible. Attacks arrive out of nowhere, their origins hidden by layers of sophisticated technology. Only the victims are clear. But every crime has its perpetrator—specific individuals or groups sitting somewhere behind keyboards and screens. Jonathan Lusthaus lifts the veil on the world of these cybercriminals in the most extensive account yet of the lives they lead, and the vast international industry they have created.

We are long past the age of the lone adolescent hacker tapping away in his parents’ basement. Cybercrime now operates like a business. Its goods and services may be illicit, but it is highly organized, complex, driven by profit, and globally interconnected. Having traveled to cybercrime hotspots around the world to meet with hundreds of law enforcement agents, security gurus, hackers, and criminals, Lusthaus takes us inside this murky underworld and reveals how this business works. He explains the strategies criminals use to build a thriving industry in a low-trust environment characterized by a precarious combination of anonymity and teamwork. Crime takes hold where there is more technical talent than legitimate opportunity, and where authorities turn a blind eye—perhaps for a price. In the fight against cybercrime, understanding what drives people into this industry is as important as advanced security.

Based on seven years of fieldwork from Eastern Europe to West Africa, Industry of Anonymity is a compelling and revealing study of a rational business model which, however much we might wish otherwise, has become a defining feature of the modern world.

An Open Letters Monthly Best Nonfiction Book of the Year

America’s criminal justice system is broken. The United States punishes at a higher per capita rate than any other country in the world. In the last twenty years, incarceration rates have risen 500 percent. Sentences are harsh, prisons are overcrowded, life inside is dangerous, and rehabilitation programs are ineffective. Looking not only to court records but to works of philosophy, history, and literature for illumination, Robert Ferguson, a distinguished law professor, diagnoses all parts of a now massive, out-of-control punishment regime.

“If I had won the $400 million Powerball lottery last week I swear I would have ordered a copy for every member of Congress, every judge in America, every prosecutor, and every state prison official and lawmaker who controls the life of even one of the millions of inmates who exist today, many in inhumane and deplorable conditions, in our nation’s prisons.”
—Andrew Cohen, The Atlantic

“Inferno is a passionate, wide-ranging effort to understand and challenge…our heavy reliance on imprisonment. It is an important book, especially for those (like me) who are inclined towards avoidance and tragic complacency…[Ferguson’s] book is too balanced and thoughtful to be disregarded.”
—Robert F. Nagel, Weekly Standard

Although much has already been written about the rise and fall of Enron, four important questions remain unanswered: What management behavior and practices led Enron down the path from truly innovative to fraudulent management? How could Enron’s board of directors have failed to detect the business, ethical, and legal risks embedded in the company’s aggressive financial strategies and accounting practices? Why did Enron’s external watchdogs—security analysts, credit-rating agencies, and regulatory agencies—fail to bark? What actions can prevent Enron-type breakdowns in the future? Innovation Corrupted addresses each of these questions.

In contrast to the time-line narratives of previous books on Enron that offer interesting but largely unsystematic insight into individual actions and organizational processes, Innovation Corrupted pursues a more methodical analysis of the causes and lessons of Enron’s collapse. Based upon newly available sources, Salter identifies the social pathologies and administrative failures that fostered the company’s ethical drift and inhibited the board of directors from exercising effective governance and control. Salter also goes beyond the work of previous books by proposing practical recommendations for preventing future Enron-type disasters. These prescriptions relate to board oversight, financial incentives for executives, and, most importantly, the maintenance of ethical discipline when operating in the murky borderlands of the law. It was in this shadowed space that Enron’s senior executives lost their way.

    On October 21, 1996, attorney Michael Hausfeld, with a team of lawyers, filed a class-action complaint against Union Bank of Switzerland, Swiss Bank Corporation, and Credit Suisse on behalf of Holocaust victims. The suit accused the banks of, among other things, acting as the chief financiers for Nazi Germany. Hausfeld wanted to use the suit to prove that the banks not only concealed and refused to return millions of dollars in dormant accounts, but that they acted as a conduit for looted assets and slave labor profits. Such behavior, he charged, violated the code of ethics known as customary international law. On August 12, 1998, the plaintiffs and banks reached a $1.25 billion settlement.
    Through interviews with a wide range of people involved in the case and detailed research of documents and court transcripts, Jane Schapiro shows the ways that egos, personalities, and values clash in such a complex and emotionally charged case. Inside a Class Action provides an insider’s view of a major lawsuit from its inception to its conclusion, which will appeal to anyone interested in human rights, reparations, and international law.

Integrated in principle, segregated in fact: is this the legacy of fifty years of "progress" in American racial policy? Is there hope for much better? Roy L. Brooks, a distinguished professor of law and a writer on matters of race and civil rights, says with frank clarity what few will admit--integration hasn't worked and possibly never will. Equally, he casts doubt on the solution that many African-Americans and mainstream whites have advocated: total separation of the races. This book presents Brooks's strategy for a middle way between the increasingly unworkable extremes of integration and separation.

Limited separation, the approach Brooks proposes, shifts the focus of civil rights policy from the group to the individual. Defined as cultural and economic integration within African-American society, this policy would promote separate schooling, housing, and business enterprises where needed to bolster the self-sufficiency of the community, without trammeling the racial interests of individuals inside or outside of the group, and without endangering the idea of a shared Americanness. But all the while Brooks envisions African-American public schools, businesses, and communities redesigned to serve the enlightened self-interest of the individual. Unwilling to give up entirely on racial integration, he argues that limited separation may indeed lead to improved race relations and, ultimately, to healthy integration.

This book appears at a crucial time, as Republicans dismantle past civil rights policies and Democrats search for new ones. With its alternative strategy and useful policy ideas for bringing individual African-Americans into mainstream society as first-class citizens, Integration or Separation? should influence debate and policymaking across the spectra of race, class, and political persuasion.

A history of Harvard Law School in the twentieth century, focusing on the school’s precipitous decline prior to 1945 and its dramatic postwar resurgence amid national crises and internal discord.

By the late nineteenth century, Harvard Law School had transformed legal education and become the preeminent professional school in the nation. But in the early 1900s, HLS came to the brink of financial failure and lagged its peers in scholarly innovation. It also honed an aggressive intellectual culture famously described by Learned Hand: “In the universe of truth, they lived by the sword. They asked no quarter of absolutes, and they gave none.” After World War II, however, HLS roared back. In this magisterial study, Bruce Kimball and Daniel Coquillette chronicle the school’s near collapse and dramatic resurgence across the twentieth century.

The school’s struggles resulted in part from a debilitating cycle of tuition dependence, which deepened through the 1940s, as well as the suicides of two deans and the dalliance of another with the Nazi regime. HLS stubbornly resisted the admission of women, Jews, and African Americans, and fell behind the trend toward legal realism. But in the postwar years, under Dean Erwin Griswold, the school’s resurgence began, and Harvard Law would produce such major political and legal figures as Chief Justice John Roberts, Justice Elena Kagan, and President Barack Obama. Even so, the school faced severe crises arising from the civil rights movement, the Vietnam War, Critical Legal Studies, and its failure to enroll and retain people of color and women, including Justice Ruth Bader Ginsburg.

Based on hitherto unavailable sources—including oral histories, personal letters, diaries, and financial records—The Intellectual Sword paints a compelling portrait of the law school widely considered the most influential in the world.

Poorman brings together ethics and pastoral practice in an interactional model that captures the distinctive character of Christian pastoral counseling. His work is especially important in a culture that often confuses pastoral counseling with therapy. It also challenges traditional notions which portray the pastoral minister as an instructor who dispenses the church's moral teaching. Poorman distinguishes the pastoral task from that of therapist or teacher, while drawing on the best resources of contemporary psychology and moral development theories. he brings moral theology into lively conversation with pastoral experience; at the same time, his clear presentation brings a critical method of moral discernment to Christian ministry which is rooted in faith and the wisdom of the community.

Promoting the rule of law at the national and international levels is at the heart of the United Nations’ mission and is a principle embedded throughout the Charter of the United Nations and most constitutions of nation-states. The 2012 “Declaration on the Rule of Law at the National and International Levels” adopted by the General Assembly reaffirmed that human rights, the rule of law, and democracy were interlinked and mutually reinforcing, and that they belonged to the universal and indivisible core values and principles of the United Nations. To some, the “Rule of Law” has become nothing more than empty rhetoric of individual Western states and intergovernmental bodies such as the UN, The World Bank, and the EU. In addition to conceptual uncertainty and perceived hidden agendas, there is mounting skepticism, particularly among donors, regarding rule of law promotion and its effectiveness in fragile states.

The International Rule of Law Movement critically evaluates rule of law initiatives from a contemporary global perspective. It seeks to fill the gap in knowledge among actors and to explain what has and has not been effective and why. It also proposes better models for promoting justice and the rule of law in fragile states.

This report examines the portfolio of tools funded by the State Department’s Bureau of Democracy, Human Rights, and Labor that help support Internet freedom and assesses the impact of these tools in promoting U.S. interests (such as freedom of expression, freedom of the press, and the free flow of information) without enabling criminal activity.

A radical reassessment of the trial of Joan of Arc that gives a new sense of Joan in her time. The transcripts of Joan of Arc's trial for heresy at Rouen in 1431 and the minutes of her interrogation have long been recognized as our best source of information about the Maid of Orleans. Historians generally view these legal texts as a precise account of Joan's words and, by extension, her beliefs. Focusing on the minutes recorded by clerics, however, Karen Sullivan challenges the accuracy of the transcript. In The Interrogation of Joan of Arc, she re-reads the record not as a perfect reflection of a historical personality's words, but as a literary text resulting from the collaboration between Joan and her interrogators. Sullivan provides an illuminating and innovative account of Joan's trial and interrogation, placing them in historical, social, and religious context. In the fifteenth century, interrogation was a method of truth-gathering identified not with people like Joan, who was uneducated, but with clerics, like those who tried her. When these clerics questioned Joan, they did so as scholastics educated at the University of Paris, as judges and assistants to judges, and as pastors trained in hearing confessions. The Interrogation of Joan of Arc traces Joan's conflicts with her interrogators not to differing political allegiances, but to fundamental differences between clerical and lay cultures. Sullivan demonstrates that the figure depicted in the transcripts as Joan of Arc is a complex, multifaceted persona that results largely from these cultural differences. Discerning and innovative, this study suggests a powerful new interpretive model and redefines our sense of Joan and her time. "This compact new book by Karen Sullivan is cause for considerable enthusiasm. Sullivan's fresh readings of key points in the condemnation trial of Joan of Arc of 1431 make a clear case for the enhanced understanding afforded by the application of theoretical constructs to well-known documents such as the transcripts of the Rouen trial. Her incontestable accomplishment is to lay bare the various strands of the inquisitorial mindset." Arthuriana "Sullivan's juxtaposition of medieval and modern interrogation techniques is eerily illuminating. Sullivan's main conclusion is that two irreducibly opposed cultures confronted each other in Joan's trial: learned and popular, written and oral, clerical and lay, Latin and vernacular. Nothing in Sullivan's careful construction of her case for opposed cultures and discourses prepares us for her chilling conclusion: that Joan finally yielded to her interrogators and 'started accepting the truth as they had always wanted her to accept it'. Sullivan refers here not to Joan's recantation, a week before her death, which she revoked within days, but to her frame of mind throughout that final week. Against the-comforting-orthodoxy that after the revocation Joan reaffirmed the convictions she had maintained during her trial, Sullivan argues that her revocation was only partial, that in the end she surrendered. This is the most impressive part of an arresting book. It is also the bit that matters most." London Review of Books Karen Sullivan is assistant professor of literature at Bard College.

The involvement of health professionals in human rights and humanitarian law violations has again become a live issue as a consequence of the U.S. prosecution of conflicts with al Qaeda, the Taliban, and Iraq. Health professionals—including M.D.s trained in psychiatry and Ph.D.s trained in behavioral psychology—have reportedly advised and assisted in coercive interrogation. Health professionals have also been involved in forced feedings. Such practices would not be unique to the United States nor the most extreme forms of abuse in the world. The direct involvement of medical professionals in torture, covering up extrajudicial killings, and other extreme conduct is a phenomenon common to many societies and periods of national crisis. Indeed, the widespread and repeated nature of this problem has led to the development of important legal and ethical codes on the subject. Those codes, however, are notoriously insufficient in many cases. A reexamination of the international norms, as developed in human rights law, humanitarian law, and professional ethics can shed light on these issues. However, in addition to those instruments, the struggle to end such violations requires understanding human behavior and the role of formal and informal institutional pressures.

In this volume, a wide range of prominent practitioners and scholars explore these issues. Their insights provide significant potential for reforming institutions to assist health professionals maintain their legal and ethical obligations in times of national crisis.

Alexander Graham Bell’s invention of the telephone in 1876 stands as one of the great touchstones of American technological achievement. Bringing a new perspective to this history, Invented by Law examines the legal battles that raged over Bell’s telephone patent, likely the most consequential patent right ever granted. To a surprising extent, Christopher Beauchamp shows, the telephone was as much a creation of American law as of scientific innovation.

Beauchamp reconstructs the world of nineteenth-century patent law, replete with inventors, capitalists, and charlatans, where rival claimants and political maneuvering loomed large in the contests that erupted over new technologies. He challenges the popular myth of Bell as the telephone’s sole inventor, exposing that story’s origins in the arguments advanced by Bell’s lawyers. More than anyone else, it was the courts that anointed Bell father of the telephone, granting him a patent monopoly that decisively shaped the American telecommunications industry for a century to come. Beauchamp investigates the sources of Bell’s legal primacy in the United States, and looks across the Atlantic, to Britain, to consider how another legal system handled the same technology in very different ways.

Exploring complex questions of ownership and legal power raised by the invention of important new technologies, Invented by Law recovers a forgotten history with wide relevance for today’s patent crisis.

Law is a specific form of social regulation distinct from religion, ethics, and even politics, and endowed with a strong and autonomous rationality. Its invention, a crucial aspect of Western history, took place in ancient Rome. Aldo Schiavone, a world-renowned classicist, reconstructs this development with clear-eyed passion, following its course over the centuries, setting out from the earliest origins and moving up to the threshold of Late Antiquity.

The invention of Western law occurred against the backdrop of the Roman Empire's gradual consolidation—an age of unprecedented accumulation of power which transformed an archaic predisposition to ritual into an unrivaled technology for the control of human dealings. Schiavone offers us a closely reasoned interpretation that returns us to the primal origins of Western legal machinery and the discourse that was constructed around it—formalism, the pretense of neutrality, the relationship with political power. This is a landmark work of scholarship whose influence will be felt by classicists, historians, and legal scholars for decades.

Law and Society is a rapidly-growing interdisciplinary field that turns on its head the conventional, idealized view of the “Law” as a magisterial abstraction. Kitty Calavita’s Invitation to Law and Society brilliantly brings to life the ways in which law shapes and manifests itself in the institutions and interactions of human society, while inviting the reader into conversations that introduce the field’s dominant themes and most lively disagreements. 

Deftly interweaving scholarship with familiar personal examples, Calavita shows how scholars in the discipline are collectively engaged in a subversive exposé of law’s public mythology. While surveying prominent issues and distinctive approaches to the use of the law in everyday life, as well as its potential as a tool for social change, this volume provides a view of law that is more real but just as compelling as its mythic counterpart. In a field of inquiry that has long lacked a sophisticated yet accessible introduction to its ways of thinking, Invitation to Law and Society will serve as an engaging and indispensible guide.

How free is the speech of someone who can't be heard? Not very--and this, Owen Fiss suggests, is where the First Amendment comes in. In this book, a marvel of conciseness and eloquence, Fiss reframes the debate over free speech to reflect the First Amendment's role in ensuring public debate that is, in Justice William Brennan's words, truly "uninhibited, robust, and wide-open."

Hate speech, pornography, campaign spending, funding for the arts: the heated, often overheated, struggle over these issues generally pits liberty, as embodied in the First Amendment, against equality, as in the Fourteenth. Fiss presents a democratic view of the First Amendment that transcends this opposition. If equal participation is a precondition of free and open public debate, then the First Amendment encompasses the values of both equality and liberty.

By examining the silencing effects of speech--its power to overwhelm and intimidate the underfunded, underrepresented, or disadvantaged voice--Fiss shows how restrictions on political expenditures, hate speech, and pornography can be defended in terms of the First Amendment, not despite it. Similarly, when the state requires the media to air voices of opposition, or funds art that presents controversial or challenging points of view, it is doing its constitutional part to protect democratic self-rule from the aggregations of private power that threaten it.

Where most liberal accounts cast the state as the enemy of freedom and the First Amendment as a restraint, this one reminds us that the state can also be the friend of freedom, protecting and fostering speech that might otherwise die unheard, depriving our democracy of the full range and richness of its expression.

The foreigner whose style shaped Athens’ greatest orator.

Though he occupies a firm place in the canon of the ten Attic orators, Isaeus seems not to have been an Athenian, but a metic, being a native of Chalcis in Euboea. From passages in his work he is inferred to have lived from about 420 to 350 BC. But no contemporary mentions him, and it is from Dionysius of Halicarnassus that we learn he was the teacher of Demosthenes, a fact confirmed by several unmistakable examples of borrowing from or imitation of him by his great pupil.

Isaeus took no part in politics, but composed speeches for others, particularly in cases of inheritance. While he shares with Lysias the merits of a pure Attic and a lucidity of style, Isaeus is more aggressive and more flexible in his presentation; and in these respects he undoubtedly influenced Demosthenes. We learn of the existence in ancient times of at least fifty orations, but all that has come down to us are eleven speeches on legacy cases and a large fragment of a speech dealing with a claim of citizenship.

What should be the place of Shari‘a—Islamic religious law—in predominantly Muslim societies of the world? In this ambitious and topical book, a Muslim scholar and human rights activist envisions a positive and sustainable role for Shari‘a, based on a profound rethinking of the relationship between religion and the secular state in all societies.

An-Na‘im argues that the coercive enforcement of Shari‘a by the state betrays the Qur’an’s insistence on voluntary acceptance of Islam. Just as the state should be secure from the misuse of religious authority, Shari‘a should be freed from the control of the state. State policies or legislation must be based on civic reasons accessible to citizens of all religions. Showing that throughout the history of Islam, Islam and the state have normally been separate, An-Na‘im maintains that ideas of human rights and citizenship are more consistent with Islamic principles than with claims of a supposedly Islamic state to enforce Shari‘a. In fact, he suggests, the very idea of an “Islamic state” is based on European ideas of state and law, and not Shari‘a or the Islamic tradition.

Bold, pragmatic, and deeply rooted in Islamic history and theology, Islam and the Secular State offers a workable future for the place of Shari‘a in Muslim societies.

Although often neglected in the literature on Islamic law, contemporary Indonesia is an especially rich source of insight into the diverse understandings and uses of the Islamic legal tradition in the modern world. Indonesian Muslims are engaged in vibrant and far-reaching debates over the terms, relevance, and developmental limits of Islamic law, and Indonesia is home to a variety of dynamic state and non-state institutional structures for the generation and application of Islamic doctrine. The essays in this volume provide focused examinations of the internal dynamics of intellectual and institutional elements of Islamic law in modern Indonesia in its recent formations. The first five chapters address issues relating to Islamic legal theory, both its historical development over the past century and analysis of the work of specific groups of contemporary scholars, jurists, and activists. The final seven chapters contain studies of more concrete manifestations of Islamic law in modern Indonesia, including court systems, positive law, the drafting of new "Islamic" legislation, and contemporary debates over the implementation of the Shari'a. Taken together these essays offer a series of substantive introductions to important developments in both the theory and practice of law in the world's most populous Muslim society.

For more than a millennium, fatwas have guided and shaped Muslim understandings of Islamic law. The whole world knows of Ayatollah Khomeini’s fatwa in the Salman Rushdie case, yet this key institution in Muslim society has not been the subject of a major examination until now.

Ranging in import from the routine to the revolutionary, and in form from one-line answers to short treatises, fatwas have served to reaffirm received wisdom, caution against error, and chart novel responses to changing circumstances. The interpreters, the muftis of Islam, have included the greatest independent scholars of the ages, heads of large state bureaucracies, and unassuming jurists in local districts. Their vital task, which continues today in published collections as well as on radio and television, is to strive to interpret God’s design for the Muslim community.

Islamic Legal Interpretation uses an approach unique in Islamic studies, a casebook of expert analyses of fatwas from a wide range of times and places. The editors’ first chapter sets forth the origins, classical diversity, and modern development of the fatwa, while the following chapters illustrate particular opinions and their contexts. The approach throughout is interdisciplinary, as historians, lawyers, language specialists, and social scientists address fatwas as fundamental sources on both Islamic legal thought and Islamic social history.