front cover of Mad River, Marjorie Rowland, and the Quest for LGBTQ Teachers’ Rights
Mad River, Marjorie Rowland, and the Quest for LGBTQ Teachers’ Rights
Margaret A. Nash
Rutgers University Press, 2022
Mad River, Marjorie Rowland, and the Quest for LGBTQ Teachers’ Rights addresses an important legal case that set the stage for today’s LGBTQ civil rights–a case that almost no one has heard of. Marjorie Rowland v. Mad River School District involves an Ohio guidance counselor fired in 1974 for being bisexual. Rowland’s case made it to the U.S. Supreme Court, but the justices declined to consider it. In a spectacular published dissent, Justice Brennan laid out arguments for why the First and Fourteenth Amendments apply to bisexuals, gays, and lesbians. That dissent has been the foundation for LGBTQ civil rights advances since.
 
In the first in-depth treatment of this foundational legal case, authors Margaret A. Nash and Karen L. Graves tell the story of that case and of Marjorie Rowland, the pioneer who fought for employment rights for LGBTQ educators and who paid a heavy price for that fight. It brings the story of LGBTQ educators’ rights to the present, including commentary on Bostock v Clayton County, the 2020 Supreme Court case that struck down employment discrimination against LGBT workers.
 
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Madison’s Hand
Revising the Constitutional Convention
Mary Sarah Bilder
Harvard University Press, 2015

Winner of the Bancroft Prize
Winner of the James Bradford Best Biography Prize, Society for Historians of the Early American Republic
Finalist, Literary Award for Nonfiction, Library of Virginia
Finalist, George Washington Prize

James Madison’s Notes on the 1787 Constitutional Convention have acquired nearly unquestioned authority as the description of the U.S. Constitution’s creation. No document provides a more complete record of the deliberations in Philadelphia or depicts the Convention’s charismatic figures, crushing disappointments, and miraculous triumphs with such narrative force. But how reliable is this account?

“[A] superb study of the Constitutional Convention as selectively reflected in Madison’s voluminous notes on it…Scholars have been aware that Madison made revisions in the Notes but have not intensively explored them. Bilder has looked closely indeed at the Notes and at his revisions, and the result is this lucid, subtle book. It will be impossible to view Madison’s role at the convention and read his Notes in the same uncomplicated way again…An accessible and brilliant rethinking of a crucial moment in American history.”
—Robert K. Landers, Wall Street Journal

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Madison's Nightmare
How Executive Power Threatens American Democracy
Peter M. Shane
University of Chicago Press, 2009

The George W. Bush administration’s ambitious—even breathtaking—claims of unilateral executive authority raised deep concerns among constitutional scholars, civil libertarians, and ordinary citizens alike. But Bush’s attempts to assert his power are only the culmination of a near-thirty-year assault on the basic checks and balances of the U.S. government—a battle waged by presidents of both parties, and one that, as Peter M. Shane warns in Madison’s Nightmare, threatens to utterly subvert the founders’ vision of representative government.

Tracing this tendency back to the first Reagan administration, Shane shows how this era of "aggressive presidentialism" has seen presidents exerting ever more control over nearly every arena of policy, from military affairs and national security to domestic programs. Driven by political ambition and a growing culture of entitlement in the executive branch—and abetted by a complaisant Congress, riven by partisanship—this presidential aggrandizement has too often undermined wise policy making and led to shallow, ideological, and sometimes outright lawless decisions. The solution, Shane argues, will require a multipronged program of reform, including both specific changes in government practice and broader institutional changes aimed at supporting a renewed culture of government accountability.

From the war on science to the mismanaged war on terror, Madison’s Nightmare outlines the disastrous consequences of the unchecked executive—and issues a stern wake-up call to all who care about the fate of our long democratic experiment.

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The Magnitude and Sources of Disagreement Among Gun Policy Experts, Second Edition
Rosanna Smart
RAND Corporation, 2021
This report describes combined results from two fieldings of a survey of gun policy experts. In particular, respondents estimated the likely effects of 19 gun policies on ten outcomes, such as firearm homicides and the right to bear arms. Researchers use the results to identify where experts agree and disagree the most and whether disagreements stem from assumptions about the effects of gun policies or from differences in policy objectives.
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Making and Unmaking Intellectual Property
Creative Production in Legal and Cultural Perspective
Edited by Mario Biagioli, Peter Jaszi, and Martha Woodmansee
University of Chicago Press, 2011

Rules regulating access to knowledge are no longer the exclusive province of lawyers and policymakers and instead command the attention of anthropologists, economists, literary theorists, political scientists, artists, historians, and cultural critics. This burgeoning interdisciplinary interest in “intellectual property” has also expanded beyond the conventional categories of patent, copyright, and trademark to encompass a diverse array of topics ranging from traditional knowledge to international trade. Though recognition of the central role played by “knowledge economies” has increased, there is a special urgency associated with present-day inquiries into where rights to information come from, how they are justified, and the ways in which they are deployed.  

 

Making and Unmaking Intellectual Property, edited by Mario Biagioli, Peter Jaszi, and Martha Woodmansee, presents a range of diverse—and even conflicting—contemporary perspectives on intellectual property rights and the contested sources of authority associated with them. Examining fundamental concepts and challenging conventional narratives—including those centered around authorship, invention, and the public domain—this book provides a rich introduction to an important intersection of law, culture, and material production.

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Making Endless War
The Vietnam and Arab-Israeli Conflicts in the History of International Law
Brian Cuddy and Victor Kattan, Editors
University of Michigan Press, 2023

Making Endless War is built on the premise that any attempt to understand how the content and function of the laws of war changed in the second half of the twentieth century should consider two major armed conflicts, fought on opposite edges of Asia, and the legal pathways that link them together across time and space. The Vietnam and Arab-Israeli conflicts have been particularly significant in the shaping and attempted remaking of international law from 1945 right through to the present day. This carefully curated collection of essays by lawyers, historians, philosophers, sociologists, and political geographers of war explores the significance of these two conflicts, including their impact on the politics and culture of the world’s most powerful nation, the United States of America. The volume foregrounds attempts to develop legal rationales for the continued waging of war after 1945 by moving beyond explaining the end of war as a legal institution, and toward understanding the attempted institutionalization of endless war.

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Making Fathers Pay
The Enforcement of Child Support
David L. Chambers
University of Chicago Press, 1979
A couple with children divorce. A court orders the father to pay child support, but the father fails to pay. This pattern repeats itself thousands of times every year in nearly every American state.

Making Fathers Pay is David L. Chambers's study of the child-support collection process in Michigan, the state most successful in inducing fathers to pay. He begins by reporting the perilous financial problems of divorced mothers with children, problems faced even by mothers who work full time and receive child support. The study then examines the characteristics of fathers who do and do not pay support and the characteristics of collections systems that work.

Chambers's findings are based largely on records of fathers' support payments in twenty-eight Michigan counties, some of which jail hundreds of men for nonpayment every year. Chambers finds that in places well organized to collect support, jailing nonpayers seems to produce higher payments from men jailed and from men not jailed, but only at a high social cost. He also raises grave doubts about the fairness of the judicial process that leads to jail. While Chambers's total sample includes 12,000 men, he interweaves through his text moving interviews with members of one family caught in the painful predicaments that men, women, and children face upon separation.

To increase support for children at lower social costs, Chambers advocates a national system of compulsory deductions from the wages of non-custodial parents who earn more than enough for their own subsistence.

 
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Making Hate A Crime
From Social Movement to Law Enforcement
Valerie Jenness
Russell Sage Foundation, 2001
Violence motivated by racism, anti-Semitism, misogyny, and homophobia weaves a tragic pattern throughout American history. Fueled by recent high-profile cases, hate crimes have achieved an unprecedented visibility. Only in the past twenty years, however, has this kind of violence—itself as old as humankind—been specifically categorized and labeled as hate crime. Making Hate a Crime is the first book to trace the emergence and development of hate crime as a concept, illustrating how it has become institutionalized as a social fact and analyzing its policy implications. In Making Hate a Crime Valerie Jenness and Ryken Grattet show how the concept of hate crime emerged and evolved over time, as it traversed the arenas of American politics, legislatures, courts, and law enforcement. In the process, violence against people of color, immigrants, Jews, gays and lesbians, women, and persons with disabilities has come to be understood as hate crime, while violence against other vulnerable victims-octogenarians, union members, the elderly, and police officers, for example-has not. The authors reveal the crucial role social movements played in the early formulation of hate crime policy, as well as the way state and federal politicians defined the content of hate crime statutes, how judges determined the constitutional validity of those statutes, and how law enforcement has begun to distinguish between hate crime and other crime. Hate crime took on different meanings as it moved from social movement concept to law enforcement practice. As a result, it not only acquired a deeper jurisprudential foundation but its scope of application has been restricted in some ways and broadened in others. Making Hate a Crime reveals how our current understanding of hate crime is a mix of political and legal interpretations at work in the American policymaking process. Jenness and Grattet provide an insightful examination of the birth of a new category in criminal justice: hate crime. Their findings have implications for emerging social problems such as school violence, television-induced violence, elder-abuse, as well as older ones like drunk driving, stalking, and sexual harassment. Making Hate a Crime presents a fresh perspective on how social problems and the policies devised in response develop over time. A Volume in the American Sociological Association's Rose Series in Sociology
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The Making of Environmental Law
Richard J. Lazarus
University of Chicago Press, 2022
An updated and passionate second edition of a foundational book.
 
How did environmental law first emerge in the United States? Why has it evolved in the ways that it has? And what are the unique challenges inherent to environmental lawmaking in general and in the United States in particular?  
 
Since its first edition, The Making of Environmental Law has been foundational to our understanding of these questions. For the second edition, Richard J. Lazarus returns to his landmark book and takes stock of developments over the last two decades. Drawing on many years of experience on the frontlines of legal and policy battles, Lazarus provides a theoretical overview of the challenges that environmental protection poses for lawmaking, related to both the distinctive features of US lawmaking institutions and the spatial and temporal dimensions of ecological change. The book explains why environmental law emerged in the manner and form that it did in the 1970s and traces how it developed over sequent decades through key laws and controversies. New chapters, composing more than half of the second edition, examine a host of recent developments. These include how Congress dropped out of environmental lawmaking in the early twenty-first century; the shifting role of the judiciary; long-overdue efforts to provide environmental justice to disadvantaged communities; and the destabilization of environmental law that has resulted from the election of Presidents with dramatically clashing environmental policies. 
 
As the nation’s partisan divide has grown deeper and the challenge of climate change has dramatically raised the perceived stakes for opposing interests, environmental law is facing its greatest challenges yet. This book is essential reading for understanding where we have been and what challenges and opportunities lie ahead.  
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The Making of Environmental Law
Richard J. Lazarus
University of Chicago Press, 2004
The unprecedented expansion in environmental regulation over the past thirty years—at all levels of government—signifies a transformation of our nation's laws that is both palpable and encouraging. Environmental laws now affect almost everything we do, from the cars we drive and the places we live to the air we breathe and the water we drink. But while enormous strides have been made since the 1970s, gaps in the coverage, implementation, and enforcement of the existing laws still leave much work to be done.

In The Making of Environmental Law, Richard J. Lazarus offers a new interpretation of the past three decades of this area of the law, examining the legal, political, cultural, and scientific factors that have shaped—and sometimes hindered—the creation of pollution controls and natural resource management laws. He argues that in the future, environmental law must forge a more nuanced understanding of the uncertainties and trade-offs, as well as the better-organized political opposition that currently dominates the federal government. Lazarus is especially well equipped to tell this story, given his active involvement in many of the most significant moments in the history of environmental law as a litigator for the Justice Department's Environment and Natural Resources Division, an assistant to the Solicitor General, and a member of advisory boards of the U.S. Environmental Protection Agency, the World Wildlife Fund, and the Environmental Defense Fund.

Ranging widely in his analysis, Lazarus not only explains why modern environmental law emerged when it did and how it has evolved, but also points to the ambiguities in our current situation. As the field of environmental law "grays" with middle age, Lazarus's discussions of its history, the lessons learned from past legal reforms, and the challenges facing future lawmakers are both timely and invigorating.
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The Making of Lawyers' Careers
Inequality and Opportunity in the American Legal Profession
Robert L. Nelson, Ronit Dinovitzer, Bryant G. Garth, Joyce S. Sterling, David B. Wilkins, Meghan Dawe, and Ethan Michelson
University of Chicago Press, 2023

An unprecedented account of social stratification within the US legal profession.

How do race, class, gender, and law school status condition the career trajectories of lawyers? And how do professionals then navigate these parameters?

The Making of Lawyers’ Careers provides an unprecedented account of the last two decades of the legal profession in the US, offering a data-backed look at the structure of the profession and the inequalities that early-career lawyers face across race, gender, and class distinctions. Starting in 2000, the authors collected over 10,000 survey responses from more than 5,000 lawyers, following these lawyers through the first twenty years of their careers. They also interviewed more than two hundred lawyers and drew insights from their individual stories, contextualizing data with theory and close attention to the features of a market-driven legal profession.

Their findings show that lawyers’ careers both reflect and reproduce inequalities within society writ large. They also reveal how individuals exercise agency despite these constraints.

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The Making of the Civil Law
Alan Watson
Harvard University Press, 1981

This wide-ranging book is a comparative study of the civil law, primarily the legal systems of western continental Europe and Latin America. It attempts to account for the distinctive features of civil law systems and hence to contribute to an understanding of the forces that cause law to change. The author contends that the basic differences between civil-law and common-law systems derive from legal history rather than from social, economic, or political developments. Above all, he argues, it was the acceptance of the authority of Justinian's Corpus Juris Civilis that determined the future nature of civil-law systems and gave them their distinctive character.

Mr. Watson outlines the features of Roman law as codified by Justinian that made it adaptable in countries with widely differing political systems, social structures, and local court practices. His learned and lucid exposition encompasses the role and influence of professors of Roman law in medieval universities; the manner and extent to which the case law of various countries drew upon the Corpus Juris; the role of the Institutes as a model for the institutes of local law which were the immediate ancestors of most of the national codes; and the effect of the Corpus Juris on basic features of the civil law, such as the fundamental division between public and private law, with different courts for the two, and the separation of commercial law from the rest of private law.

Scholars may debate his thesis, but none will dispute Alan Watson's command of the sources and his mastery of legal material spanning many centuries and countries. His book will present a challenge to legal historians and students of comparative law, and it will provide Anglo-American lawyers with insight into the nature of civil-law systems.

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The Making of Tocqueville's America
Law and Association in the Early United States
Kevin Butterfield
University of Chicago Press, 2015
Alexis de Tocqueville was among the first to draw attention to Americans’ propensity to form voluntary associations—and to join them with a fervor and frequency unmatched anywhere in the world. For nearly two centuries, we have sought to understand how and why early nineteenth-century Americans were, in Tocqueville’s words, “forever forming associations.” In The Making of Tocqueville’s America, Kevin Butterfield argues that to understand this, we need to first ask: what did membership really mean to the growing number of affiliated Americans?

Butterfield explains that the first generations of American citizens found in the concept of membership—in churches, fraternities, reform societies, labor unions, and private business corporations—a mechanism to balance the tension between collective action and personal autonomy, something they accomplished by emphasizing law and procedural fairness. As this post-Revolutionary procedural culture developed, so too did the legal substructure of American civil society. Tocqueville, then, was wrong to see associations as the training ground for democracy, where people learned to honor one another’s voices and perspectives. Rather, they were the training ground for something no less valuable to the success of the American democratic experiment: increasingly formal and legalistic relations among people.
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Making Policy, Making Law
An Interbranch Perspective
Mark C. Miller and Jeb Barnes, Editors
Georgetown University Press, 2004

The functioning of the U.S. government is a bit messier than Americans would like to think. The general understanding of policymaking has Congress making the laws, executive agencies implementing them, and the courts applying the laws as written—as long as those laws are constitutional. Making Policy, Making Law fundamentally challenges this conventional wisdom, arguing that no dominant institution—or even a roughly consistent pattern of relationships—exists among the various players in the federal policymaking process. Instead, at different times and under various conditions, all branches play roles not only in making public policy, but in enforcing and legitimizing it as well. This is the first text that looks in depth at this complex interplay of all three branches.

The common thread among these diverse patterns is an ongoing dialogue among roughly coequal actors in various branches and levels of government. Those interactions are driven by processes of conflict and persuasion distinctive to specific policy arenas as well as by the ideas, institutional realities, and interests of specific policy communities. Although complex, this fresh examination does not render the policymaking process incomprehensible; rather, it encourages scholars to look beyond the narrow study of individual institutions and reach across disciplinary boundaries to discover recurring patterns of interbranch dialogue that define (and refine) contemporary American policy.

Making Policy, Making Law provides a combination of contemporary policy analysis, an interbranch perspective, and diverse methodological approaches that speak to a surprisingly overlooked gap in the literature dealing with the role of the courts in the American policymaking process. It will undoubtedly have significant impact on scholarship about national lawmaking, national politics, and constitutional law. For scholars and students in government and law—as well as for concerned citizenry—this book unravels the complicated interplay of governmental agencies and provides a heretofore in-depth look at how the U.S. government functions in reality.

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Making Rights Real
Activists, Bureaucrats, and the Creation of the Legalistic State
Charles R. Epp
University of Chicago Press, 2009

It’s a common complaint: the United States is overrun by rules and procedures that shackle professional judgment, have no valid purpose, and serve only to appease courts and lawyers. Charles R. Epp argues, however, that few Americans would want to return to an era without these legalistic policies, which in the 1970s helped bring recalcitrant bureaucracies into line with a growing national commitment to civil rights and individual dignity. 

Focusing on three disparate policy areas—workplace sexual harassment, playground safety, and police brutality in both the United States and the United Kingdom—Epp explains how activists and professionals used legal liability, lawsuit-generated publicity, and innovative managerial ideas to pursue the implementation of new rights. Together, these strategies resulted in frameworks designed to make institutions accountable through intricate rules, employee training, and managerial oversight. Explaining how these practices became ubiquitous across bureaucratic organizations, Epp casts today’s legalistic state in an entirely new light.

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Making Sense of the Constitution
A Primer on the Supreme Court and Its Struggle to Apply Our Fundamental Law
Walter M. Frank
Southern Illinois University Press, 2012
 

In Making Sense of the Constitution: A Primer on the Supreme Court and Its Struggle to Apply Our Fundamental Law, Walter Frank tackles in a comprehensive but lively manner subjects rarely treated in one volume.

Aiming at both the general reader and students of political science, law, or history, Frank begins with a brief discussion of the nature of constitutional law and why the Court divides so closely on many issues. He then proceeds to an analysis of the Constitution and subsequent amendments, placing them in their historical context. Next, Frank shifts to the Supreme Court and its decisions, examining, among other things, doctrinal developments, the Court’s decision making processes, how justices interact with each other, and the debate over how the Constitution should be interpreted.

The work concludes with a close analysis of Court decisions in six major areas of continuing controversy, including abortion, affirmative action, and campaign finance.


Outstanding by the University Press Books for Public and Secondary Schools

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Making Stories
Law, Literature, Life
Jerome Bruner
Harvard University Press, 2003

Stories pervade our daily lives, from human interest news items, to a business strategy described to a colleague, to daydreams between chores. Stories are what we use to make sense of the world. But how does this work?

In Making Stories, the eminent psychologist Jerome Bruner examines this pervasive human habit and suggests new and deeper ways to think about how we use stories to make sense of lives and the great moral and psychological problems that animate them. Looking at legal cases and autobiography as well as literature, Bruner warns us not to be seduced by overly tidy stories and shows how doubt and double meaning can lie beneath the most seemingly simple case.

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Making Their Days Happen
Paid Personal Assistance Services Supporting People with Disability Living in Their Homes and Communities
Lisa I. Iezzoni
Temple University Press, 2022

Most Americans—even those with significant disability—want to live in their homes and communities. Unpaid family members or friends often work as “informal” caregivers, helping those who need assistance— and many feel they have no option but to serve. In contrast, paid personal assistance services workers (PAS) provide a lifeline to those consumers with complex needs and limited social networks. However, there is a crisis looming in the increasing needs for paid PAS and the limited available PAS workforce.

Making Their Days Happen explores disability, health, and civil rights, along with relevant federal and state labor policies related to personal assistance services. Lisa Iezzoni addresses the legal context of paid PAS as well as financing mechanisms for obtaining home-based personal assistance. She also draws upon interviews she conducted with paid PAS consumers and PAS workers to explore PAS experiences and their perspectives about their work. 

Offering recommendations for improving future experiences of PAS consumers and providers, Iezzoni emphasizes that people with disabilities want to be a part of society, and PAS workers who do this low-wage work find satisfaction in helping them achieve their goals.

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The Malmedy Massacre
The War Crimes Trial Controversy
Steven P. Remy
Harvard University Press, 2017

During the Battle of the Bulge, Waffen SS soldiers shot 84 American prisoners near the Belgian town of Malmedy—the deadliest mass execution of U.S. soldiers during World War II. The bloody deeds of December 17, 1944, produced the most controversial war crimes trial in American history. Drawing on newly declassified documents, Steven Remy revisits the massacre—and the decade-long controversy that followed—to set the record straight.

After the war, the U.S. Army tracked down 74 of the SS men involved in the massacre and other atrocities and put them on trial at Dachau. All the defendants were convicted and sentenced to death or life imprisonment. Over the following decade, however, a network of Germans and sympathetic Americans succeeded in discrediting the trial. They claimed that interrogators—some of them Jewish émigrés—had coerced false confessions and that heat of battle conditions, rather than superiors’ orders, had led to the shooting. They insisted that vengeance, not justice, was the prosecution’s true objective. The controversy generated by these accusations, leveled just as the United States was anxious to placate its West German ally, resulted in the release of all the convicted men by 1957.

The Malmedy Massacre shows that the torture accusations were untrue, and the massacre was no accident but was typical of the Waffen SS’s brutal fighting style. Remy reveals in unprecedented depth how German and American amnesty advocates warped our understanding of one of the war’s most infamous crimes through a systematic campaign of fabrications and distortions.

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Man and Wife in America
A History
Hendrik Hartog
Harvard University Press, 2002

In nineteenth-century America, the law insisted that marriage was a permanent relationship defined by the husband's authority and the wife's dependence. Yet at the same time the law created the means to escape that relationship. How was this possible? And how did wives and husbands experience marriage within that legal regime? These are the complexities that Hendrik Hartog plumbs in a study of the powers of law and its limits.

Exploring a century and a half of marriage through stories of struggle and conflict mined from case records, Hartog shatters the myth of a golden age of stable marriage. He describes the myriad ways the law shaped and defined marital relations and spousal identities, and how individuals manipulated and reshaped the rules of the American states to fit their needs. We witness a compelling cast of characters: wives who attempted to leave abusive husbands, women who manipulated their marital status for personal advantage, accidental and intentional bigamists, men who killed their wives' lovers, couples who insisted on divorce in a legal culture that denied them that right.

As we watch and listen to these men and women, enmeshed in law and escaping from marriages, we catch reflected images both of ourselves and our parents, of our desires and our anxieties about marriage. Hartog shows how our own conflicts and confusions about marital roles and identities are rooted in the history of marriage and the legal struggles that defined and transformed it.

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Managed Care and Monopoly Power
The Antitrust Challenge
Deborah Haas-Wilson
Harvard University Press, 2003

As millions of Americans are aware, health care costs continue to increase rapidly. Much of this increase is due to the development of new life-sustaining drugs and procedures, but part of it is due to the increased monopoly power of physicians, insurance companies, and hospitals, as the health care sector undergoes reorganization and consolidation. There are two tools to limit the growth of monopoly power: government regulation and antitrust policy. In this timely book, Deborah Haas-Wilson argues that enforcement of the antitrust laws is the tool of choice in most cases.

The antitrust laws, when wisely enforced, permit markets to work competitively and therefore efficiently. Competitive markets foster low prices and high quality. Applying antitrust tools wisely, however, is a tricky business, and Haas-Wilson carefully explains how it can be done. Focusing on the economic concepts necessary to the enforcement of the antitrust laws in health care markets, Haas-Wilson provides a useful roadmap for guiding the future of these markets.

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Managing Legal Uncertainty
Elite Lawyers in the New Deal
Ronen Shamir
Duke University Press, 1995
With the New Deal came a dramatic expansion of the American regulatory state. Threatening to undermine many of the traditional roles of the legal system and its actors by establishing a system of administrative law, the new emphasis on federal legislation as a form of social and economic planning ushered in an era of "legal uncertainty." In this study Ronen Shamir explores how elite corporate lawyers and the American Bar Association clashed with academic legal realists over the constitutionality of the New Deal’s legislative program.
Applying the insights of Weber and Bourdieu to the sociology of the legal profession, Shamir shows that elite members of the bar had a keen self-interest in blocking the expansion of administrative law. He dismisses as oversimplified the view that elite lawyers were "hired guns" who argued that New Deal legislation was unconstitutional solely because of their duty to represent their capitalist clients. Instead, Shamir suggests, their alignment with the capitalist class was an incidental result of their attempt to articulate their vision of the law as scientific, apolitical, and judicially oriented—and thereby to defend their own position within the law profession. The academic legal realists on the other side of the constitutional debates criticized the rigidity of the traditional judicial process and insisted that flexibility of interpretation and the uncertainty of legal outcomes was at the heart of the legal system. The author argues that many legal realists, encouraged by the experimental nature of the New Deal, seized an opportunity to improve on their marginal status within the legal profession by moving their discussions from academic circles to the national policy agenda.
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Maritime Strategy and Global Order
Markets, Resources, Security
Daniel Moran and James A. Russell, Editors
Georgetown University Press

Taken for granted as the natural order of things, peace at sea is in fact an immense and recent achievement—but also an enormous strategic challenge if it is to be maintained in the future. In Maritime Strategy and Global Order, an international roster of top scholars offers historical perspectives and contemporary analysis to explore the role of naval power and maritime trade in creating the international system.

The book begins in the early days of the industrial revolution with the foundational role of maritime strategy in building the British Empire. It continues into the era of naval disorder surrounding the two world wars, through the passing of the Pax Britannica and the rise of the Pax Americana, and then examines present-day regional security in hot spots like the South China Sea and Arctic Ocean. Additional chapters engage with important related topics such as maritime law, resource competition, warship evolution since the end of the Cold War, and naval intelligence.

A first-of-its-kind collection, Maritime Strategy and Global Order offers scholars, practitioners, students, and others with an interest in maritime history and strategic issues an absorbing long view of the role of the sea in creating the world we know.

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Market-Augmenting Government
The Institutional Foundations for Prosperity
Omar Azfar and Charles A. Cadwell, Editors
University of Michigan Press, 2003
As recently as 1990 policymakers and academics believed widely that all that was needed for dramatic increases in prosperity in transitional economies was to roll back the state. The arguments in this book present an articulate antidote to that assertion: While the state must withdraw from many activities involving direct production and exchange, it must provide good laws and enforce them for economies to prosper. In one chapter, Robert Summers brilliantly exposes the complexity of this requirement, listing eighteen minimum conditions for the creation of the rule of law. Other chapters describe the benefits of good commercial law on economic growth, the political foundations of American commercial law, how poor governance led to the Asian financial crisis, the institutional requirements for environmental markets, and constitutional structures that lead to efficient government.
The contributors, renowned experts in their fields on the complex institutional requirements for prosperity, offer arguments from economic theory, economic history, legal theory, and political science. The chapters are simultaneously of high scholarly quality and intensely applicable. Indeed many of the ideas here are being used to design reform projects in developing countries.
Market-Augmenting Government will appeal to legal theorists, economists, and political scientists, and in particular to institutional economists. Its writing is friendly to the general reader, with only a few of the chapters requiring specialized knowledge. The book will also figure importantly in policy circles as governance moves center stage in the practice of reform and development.
Omar Azfar is Research Associate, IRIS Center, University of Maryland, College Park. Charles A. Cadwell is Director and Principle Investigator, IRIS Center, University of Maryland, College Park.
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Marriage and Divorce in the Jewish State
Israel's Civil War
Susan M. Weiss and Netty C. Gross-Horowitz
Brandeis University Press, 2012
Israel currently has two recognized systems of law operating side by side: civil and religious. Israeli religious courts possess the exclusive right to conduct and terminate marriages. There is no civil marriage or divorce in Israel, irrespective of one’s religious inclinations. All Muslims must marry and divorce in accordance with shariya laws, all Catholics in accordance with canon law, and all Jews in accordance with Torah law (halakha). The interpretation and implementation of Torah law is in the hands of the Orthodox religious establishment, the only stream of Judaism that enjoys legal recognition in Israel. The rabbinic courts strenuously oppose any changes to this so-called status quo arrangement between religious and secular authorities. In fact, religious courts in Israel are currently pressing for expanded jurisdiction beyond personal status, stressing their importance to Israel’s growing religious community. This book shows how religious courts, based on centuries-old patriarchal law, undermine the full civil and human rights of Jewish women in Israel. Making a broad argument for civil marriage and divorce in Israel, the authors also emphasize that religious marriages and divorces, when they do occur, must benefit from legislation that makes divorce easier to obtain. Making this issue their focal point, they speak to a larger question: Is Israel a democracy or a theocracy?
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Marriage and Slavery in Early Islam
Kecia Ali
Harvard University Press, 2010

What did it mean to be a wife, woman, or slave in a society in which a land-owning woman was forbidden to lay with her male slave but the same slave might be allowed to take concubines? Jurists of the nascent Maliki, Hanafi, and Shafi‘i legal schools frequently compared marriage to purchase and divorce to manumission. Juggling scripture, precedent, and custom on one hand, and the requirements of logical consistency on the other, legal scholars engaged in vigorous debate. The emerging consensus demonstrated a self-perpetuating analogy between a husband’s status as master and a wife’s as slave, even as jurists insisted on the dignity of free women and, increasingly, the masculine rights of enslaved husbands.

Marriage and Slavery in Early Islam presents the first systematic analysis of how these jurists conceptualized marriage—its rights and obligations—using the same rhetoric of ownership used to describe slavery. Kecia Ali explores parallels between marriage and concubinage that legitimized sex and legitimated offspring using eighth- through tenth-century legal texts. As the jurists discussed claims spouses could make on each other—including dower, sex, obedience, and companionship–they returned repeatedly to issues of legal status: wife and concubine, slave and free, male and female.

Complementing the growing body of scholarship on Islamic marital and family law, Ali boldly contributes to the ongoing debates over feminism, sexuality, and reform in Islam.

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Marriage and the Law in the Age of Khubilai Khan
Cases from the Yuan dianzhang
Bettine Birge
Harvard University Press, 2017

The Mongol conquest of China in the thirteenth century and Khubilai Khan’s founding of the Yuan dynasty brought together under one government people of different languages, religions, and social customs. Chinese law evolved rapidly to accommodate these changes, as reflected in the great compendium Yuan dianzhang (Statutes and Precedents of the Yuan Dynasty). The records of legal cases contained in this seminal text, Bettine Birge shows, paint a portrait of medieval Chinese family life—and the conflicts that arose from it—that is unmatched by any other historical source.

Marriage and the Law in the Age of Khubilai Khan reveals the complex, sometimes contradictory inner workings of the Mongol-Yuan legal system, seen through the prism of marriage disputes in chapter eighteen of the Yuan dianzhang, which has never before been translated into another language. Birge’s meticulously annotated translation clarifies the meaning of terms and passages, some in a hybrid Sino-Mongolian language, for specialists and general readers alike. The text includes court testimony—recorded in the vivid vernacular of people from all social classes—in lawsuits over adultery, divorce, rape, wife-selling, marriages of runaway slaves, and other conflicts. It brings us closer than any other source to the actual Mongolian speech of Khubilai and the great khans who succeeded him as they struggled to reconcile very different Mongol, Muslim, and Chinese legal traditions and confront the challenges of ruling a diverse polyethnic empire.

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Marriage by Force?
Contestation over Consent and Coercion in Africa
Annie Bunting
Ohio University Press, 2016

With forced marriage, as with so many human rights issues, the sensationalized hides the mundane, and oversimplified popular discourses miss the range of experiences. In sub-Saharan Africa, the relationship between coercion and consent in marriage is a complex one that has changed over time and place, rendering impossible any single interpretation or explanation.

The legal experts, anthropologists, historians, and development workers contributing to Marriage by Force? focus on the role that marriage plays in the mobilization of labor, the accumulation of wealth, and domination versus dependency. They also address the crucial slippage between marriages and other forms of gendered violence, bondage, slavery, and servile status.

Only by examining variations in practices from a multitude of perspectives can we properly contextualize the problem and its consequences. And while early and forced marriages have been on the human rights agenda for decades, there is today an unprecedented level of international attention to the issue, thus making the coherent, multifaceted approach of Marriage by Force? even more necessary.

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The Marriage Exchange
Property, Social Place, and Gender in Cities of the Low Countries, 1300-1550
Martha C. Howell
University of Chicago Press, 1998
Medieval Douai was one of the wealthiest cloth towns of Flanders, and it left an enormous archive documenting the personal financial affairs of its citizens—wills, marriage agreements, business contracts, and records of court disputes over property rights of all kinds.

Based on extensive research in this archive, this book reveals how these documents were produced in a centuries-long effort to regulate—and ultimately to redefine—property and gender relations. At the center of the transformation was a shift from a marital property regime based on custom to one based on contract. In the former, a widow typically inherited her husband's property; in the latter, she shared it with or simply held it for his family or offspring. Howell asks why the law changed as it did and assesses the law's effects on both social and gender meanings but she insists that the reform did not originate in general dissatisfaction with custom or a desire to disempower widows. Instead, it was born in a complex economic, social and cultural history during which Douaisiens gradually came to think about both property and gender in new ways.
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Marshall and Taney
Statesmen of the Law
Ben W. Palmer
University of Minnesota Press, 1939

Marshall and Taney was first published in 1939. Minnesota Archive Editions uses digital technology to make long-unavailable books once again accessible, and are published unaltered from the original University of Minnesota Press editions.

The tides of social, political, and economic conflict will surge more violently about the Supreme Court in the future than they have in the past. Constantly larger numbers of the people are becoming aware of the tremendous power of the court as final interpreter of the constitution as a check upon Congress and the executive, and as guardian of individuals and minorities against governmental power. As a president of the American Bar Association has said, "Producers of potatoes in Maine, peanuts in Virginia, cotton in South Carolina, cane sugar in Louisiana, wheat in Kansas, corn in Iowa, peaches in Georgia, oranges in California, and thousands of small local enterprises everywhere are coming more and more to realize that their own bread and butter is seriously affected by the personnel of the Supreme Court.

Since public opinion rules in America, the place that the court will occupy in the scheme of things will be determined by the thought and emotions of the people. Thought and emotion alike will, in turn, depend largely upon popular conceptions of the part played by the court. Those conceptions cannot be accurate without a knowledge of the functioning of the individual judge.

We can better comprehend present and future judges if we understand why past ones acted officially as they did. This study contributes materially to that understanding.

In the light of history and the law, Ben W. Palmer has made a clear and thought provoking analysis of the judicial function, indicated revolutionary changes in the law. In the sharply etched portraits of the two chief justices who molded American constitutional law in its formative stages, he has shown how and why these two men affect lawyer and laymen today.

"Law," says historian-lawyer Palmer, "like religion, government, art, science, receives its meaning and value, not because of what it has been or is, but because of what it accomplishes as an instrument for the benefit of humanity."

"The judge's most essential and unavoidable function," thinks Dr. Palmer, "is the attempt to reconcile the contending principles of liberty and order. He stands between rule and discretion, the strict law and one tempered by time, circumstance, abstract justice, popular feeling—all crying out for relaxation of the rule. He must stand between Shylock, with his shining knife of legal right, and the victim who calls to his compassion."

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Mass Torts in a World of Settlement
Richard A. Nagareda
University of Chicago Press, 2007

The traditional definition of torts involves bizarre, idiosyncratic events where a single plaintiff with a physical impairment sues the specific defendant he believes to have wrongfully caused that malady. Yet public attention has focused increasingly on mass personal-injury lawsuits over asbestos, cigarettes, guns, the diet drug fen-phen, breast implants, and, most recently, Vioxx. Richard A. Nagareda’s Mass Torts in a World of Settlement is the first attempt to analyze the lawyer’s role in this world of high-stakes, multibillion-dollar litigation.

These mass settlements, Nagareda argues, have transformed the legal system so acutely that rival teams of lawyers operate as sophisticated governing powers rather than litigators. His controversial solution is the replacement of the existing tort system with a private administrative framework to address both current and future claims. This book is a must-read for concerned citizens, policymakers, lawyers, investors, and executives grappling with the changing face of mass torts.

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Mastering Boston Harbor
Courts, Dolphins, and Imperiled Waters
Charles M. Haar
Harvard University Press, 2005

Mastering Boston Harbor chronicles how America's most glorious and historically significant harbor was rescued from decades of pollution and neglect by a community of caring citizens who were linked to an environmentally committed judge and his special harbor master. This dynamic public-private team shaped novel legal and political procedures for governing and restoring the harbor.

Charles Haar provides a fascinating study of the convergence of judicial supervision with political, environmental, financial, and technological interests. He challenges those who will instantly decry an "activist" judiciary and pulls back the curtain on the serious problems a court faces when it must grapple with an intractable problem affecting public interest. Haar demonstrates that at times only a resolute judiciary can energize and coordinate the branches of government to achieve essential contemporary social goals--goals that are endorsed and supported by a majority whose voice is often ignored in legislative and executive back rooms.

Because of his experience as special master in the dispute, Haar provides the reader with an insider's view of a modern brand of judicial decision-making that is not anti-majoritarian, and could be applied to similar crises in which the legislative and executive branches of government are impotent. Citizens concerned about the conflict between unbridled economic liberty and environmental protection will gain important insight from this eyewitness account of how the "harbor of shame" became a vibrant focal point for the renewal of Boston as a world-class city.

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Mastering the Law
Slavery and Freedom in the Legal Ecology of the Spanish Empire
Ricardo Raúl Salazar Rey
University of Alabama Press, 2020
Explores the legal relationships of enslaved people and their descendants during the sixteenth and seventeenth centuries in Spanish America
 
Atlantic slavery can be overwhelming in its immensity and brutality, as it involved more than 15 million souls forcibly displaced by European imperialism and consumed in building the global economy. Mastering the Law: Slavery and Freedom in the Legal Ecology of the Spanish Empire lays out the deep history of Iberian slavery, explores its role in the Spanish Indies, and shows how Africans and their descendants used and shaped the legal system as they established their place in Iberoamerican society during the seventeenth century.
 
Ricardo Raúl Salazar Rey places the institution of slavery and the people involved with it at the center of the creation story of Latin America. Iberoamerican customs and laws and the institutions that enforced them provided a common language and a forum to resolve disputes for Spanish subjects, including enslaved and freedpeople. The rules through which Iberian conquerors, settlers, and administrators incorporated Africans into the expanding Empire were developed out of the need of a distant crown to find an enforceable consensus. Africans and their mestizo descendants, in turn, used and therefore molded Spanish institutions to serve their interests.Salazar Rey mined extensively the archives of secular and religious courts, which are full of complex disputes, unexpected subversions, and tactical alliances among enslaved people, freedpeople, and the crown.
 
The narrative unfolds around vignettes that show Afroiberians building their lives while facing exploitation and inequality enforced through violence. Salazar Rey deals mostly with cases originating from Cartagena de Indias, a major Atlantic port city that supported the conquest and rule of the Indies. His work recovers the voices and indomitable ingenuity that enslaved people and their descendants displayed when engaging with the Spanish legal ecology. The social relationships animating the case studies represent the broader African experience in the Americas during the sixteenth and seventeenth centuries.
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Material Law
A Jurisprudence of What's Real
John Brigham
Temple University Press, 2009

Law is part of the process by which people construct their views of the world. In Material Law, distinguished scholar John Brigham focuses on the places where law and material life intersect, and how law creates and alters our social reality. Brigham looks at an eclectic group of bodies and things—from maps and territories and trends in courthouse architecture to a woman’s womb and a judge’s body—to make connections between the material and the legal.

Theoretically sophisticated, and consistently fascinating, Material Law integrates law and society, political science, and popular culture in a truly interdisciplinary fashion. Brigham examines how the meaning of law is influenced by politics, reviewing, for example, whether the authority of global law supersedes that of national law in the context of Anglo-American cultural colonialism. What emerges is a well-reasoned look at how the authority of law constitutes what we see as real in our lives. 

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A Matter of Principle
Ronald Dworkin
Harvard University Press, 1986

This is a book about the interplay of urgent political issues and hotly debated questions of moral philosophy. The controversies it joins are old; but history has given them fresh shape. For example, whether judges should and do make law is now of more practical importance than ever before, as recent presidents have appointed enough justices to the Supreme Court to set its character for a generation.

With forceful style, Ronald Dworkin addresses questions about the Anglo-American legal system as protector of individual rights and as machinery for furthering the common good. He discusses whether judges should make political decisions in hard cases; the balancing of individual rights versus the good of the community; whether a person has the right to do what society views as wrong; and the meaning of equality in any framework of social justice. Dworkin strongly opposes the idea that judges should aim at maximizing social wealth. It is his conviction that the area of discretion for judges is severely limited, that in a mature legal system one can always find in existing law a “right answer” for hard cases.

Dworkin helps us thread our way through many timely issues such as the rights and privileges of the press under the First Amendment. He reviews the Bakke case, which tested affirmative action programs. These essays also examine civil disobedience, especially in nuclear protests, and bring new perspective to the debate over support of the arts.

Above all, this is a book about the interplay between two levels of our political consciousness: practical problems and philosophical theory, matters of urgency and matters of principle. The concluding essay on press freedom expands the discussion of conflict between principle and policy into a warning. Though some defenders of the press blend the two in order to expand freedom of speech, the confusion they create does disservice to their aim and jeopardizes the genuine and fragile right of free speech. We stand in greater danger of compromising that right than of losing the most obvious policy benefits of powerful investigative reporting and should therefore beware the danger to liberty of confusing the two. The caution is general. If we care so little for principle that we dress policy in its colors when this suits our purpose, we cheapen principle and diminish its authority.

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The Mauthausen Trial
American Military Justice in Germany
Tomaz Jardim
Harvard University Press, 2012

Shortly after 9:00 a.m. on May 27, 1947, the first of forty-nine men condemned to death for war crimes at Mauthausen concentration camp mounted the gallows at Landsberg prison near Munich. The mass execution that followed resulted from an American military trial conducted at Dachau in the spring of 1946—a trial that lasted only thirty-six days and yet produced more death sentences than any other in American history.

The Mauthausen trial was part of a massive series of proceedings designed to judge and punish Nazi war criminals in the most expedient manner the law would allow. There was no doubt that the crimes had been monstrous. Yet despite meting out punishment to a group of incontestably guilty men, the Mauthausen trial reveals a troubling and seldom-recognized face of American postwar justice—one characterized by rapid proceedings, lax rules of evidence, and questionable interrogations.

Although the better-known Nuremberg trials are often regarded as epitomizing American judicial ideals, these trials were in fact the exception to the rule. Instead, as Tomaz Jardim convincingly demonstrates, the rough justice of the Mauthausen trial remains indicative of the most common—and yet least understood—American approach to war crimes prosecution. The Mauthausen Trial forces reflection on the implications of compromising legal standards in order to guarantee that guilty people do not walk free.

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Max Weber on Law in Economy and Society
Max Weber
Harvard University Press

Ever since it was made known to English-speaking readers by R. H. Tawney and Tolcott Parsons, the thought of Max Weber has attracted increasing attention among students of sociology, history, economics, jurisprudence, political science, and political philosophy. His far-flung ideas were systematically brought together in his last book, Economy and Society, the major part of which was not published until after his death in 1921. Of this most comprehensive and significant of all of Weber’s writings, only the Introductory Part has so far been available in English.

The present book contains an English translation of those parts of Economy and Society in which Weber investigates the relationship between the social phenomenon “law” and the other spheres of social life, especially the economic and the political. The translation, by Edward A. Shils and Max Rheinstein, is accompanied by an extensive introduction and explanatory and bibliographical notes by Max Rheinstein. The Introduction will acquaint the reader with the problems of sociology of law in general and with Weber’s approach and methods in particular. The notes are meant to help the reader understand Weber’s wide-ranging references to institutions of Western and Oriental systems of law of both past and present; they also contain references to the sources used by Weber and to later literature which will help the reader evaluate Weber’s statements and conclusions.

Max Weber’s main problem was to discover the causes of the rise of modern capitalism. In his discussions of the law he is primarily concerned with finding what features of Western law, if any, were favorable to the development of the capitalistic economy and in what ways this economy has reacted upon methods of legal thought. Is logical rationality, peculiar to certain parts of the Western world, connected with that rational method of economic thought which is characteristic of Western capitalism? His concern with methods of legal thought renders Weber’s ideas specially significant for present American and English jurisprudence.

Among the other problems he discusses are those of freedom of contract, its origins, its rise and its place among the institutions of capitalist and non-capitalist societies; the development of rational processes of law making; the connections between kinds of legal thought and the types of social functionaries by whom law is shaped in a given society; the social factors favoring or counteracting codification; and the economic and political significance of ideas of natural law.

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The Maze of Urban Housing Markets
Theory, Evidence, and Policy
Jerome Rothenberg, George C. Galster, Richard V. Butler, and John R. Pitkin
University of Chicago Press, 1991
This powerful new theoretical approach to analyzing urban housing problems and the policies designed to rectify them will be a vital resource for urban planners, developers, policymakers, and economists. The search for the roots of serious urban housing problems such as homelessness, abandonment, rent burdens, slums, and gentrification has traditionally focused on the poorest sector of the housing market. The findings set forth in this volume show that the roots of such problems lie in the relationships among different parts of the market—not solely within the lower-quality portion—though that is where problems are most dramatically manifested and housing reforms are myopically focused.

The authors propose a new understanding of the market structure characterized by a closely interrelated array of quality submarkets. Their comprehensive models ground a unified theory that accounts for demand by both renters and owner occupants, supply by owners of existing dwellings, changes in the stock of housing due to conversions and new construction, and interactions across submarkets.
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A Measure of Malpractice
Medical Injury, Malpractice Litigation, and Patient Compensation
Paul C. Weiler, Howard H. Hiatt, Joseph P. Newhouse, William G. Johnson, Troyen A. Brennan, and Lucian L. Leape
Harvard University Press, 1993

A Measure of Malpractice tells the story and presents the results of the Harvard Medical Practice Study, the largest and most comprehensive investigation ever undertaken of the performance of the medical malpractice system. The Harvard study was commissioned by the government of New York in 1986, in the midst of a malpractice crisis that had driven insurance premiums for surgeons and obstetricians in New York City to nearly $200,000 a year.

The Harvard-based team of doctors, lawyers, economists, and statisticians set out to investigate what was actually happening to patients in hospitals and to doctors in courtrooms, launching a far more informed debate about the future of medical liability in the 1990s. Careful analysis of the medical records of 30,000 patients hospitalized in 1984 showed that approximately one in twenty-five patients suffered a disabling medical injury, one quarter of these as a result of the negligence of a doctor or other provider. After assembling all the malpractice claims filed in New York State since 1975, the authors found that just one in eight patients who had been victims of negligence actually filed a malpractice claim, and more than two-thirds of these claims were filed by the wrong patients.

The study team then interviewed injured patients in the sample to discover the actual financial loss they had experienced: the key finding was that for roughly the same dollar amount now being spent on a tort system that compensates only a handful of victims, it would be possible to fund comprehensive disability insurance for all patients significantly disabled by a medical accident. The authors, who came to the project from very different perspectives about the present malpractice system, are now in agreement about the value of a new model of medical liability. Rather than merely tinker with the current system which fixes primary legal responsibility on individual doctors who can be proved medically negligent, legislatures should encourage health care organizations to take responsibility for the financial losses of all patients injured in their care.

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Measuring Judicial Independence
The Political Economy of Judging in Japan
J. Mark Ramseyer and Eric B. Rasmusen
University of Chicago Press, 2003
The role of the U.S. Supreme Court in the aftermath of the 2000 presidential election raised questions in the minds of many Americans about the relationships between judges and political influence; the following years saw equally heated debates over the appropriate role of political ideology in selecting federal judges. Legal scholars have always debated these questions—asking, in effect, how much judicial systems operate on merit and principle and how much they are shaped by politics.

The Japanese Constitution, like many others, requires that all judges be "independent in the exercise of their conscience and bound only by this Constitution and its laws." Consistent with this requirement, Japanese courts have long enjoyed a reputation for vigilant independence—an idea challenged only occasionally, and most often anecdotally. But in this book, J. Mark Ramseyer and Eric B. Rasmusen use the latest statistical techniques to examine whether that reputation always holds up to scrutiny—whether, and to what extent, the careers of lower court judges can be manipulated to political advantage.

On the basis of careful econometric analysis of career data for hundreds of judges, Ramseyer and Rasmusen find that Japanese politics do influence judicial careers, discreetly and indirectly: judges who decide politically charged cases in ways favored by the ruling party enjoy better careers after their decisions than might otherwise be expected, while dissenting judges are more likely to find their careers hampered by assignments to less desirable positions.

Ramseyer and Rasmusen's sophisticated yet accessible analysis has much to offer anyone interested in either judicial independence or the application of econometric techniques in the social sciences.
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Media Pluralism and Online News
The Consequences of Automated Curation for Society
Tim Dwyer and Derek Wilding
Intellect Books, 2023
An exploration of the future of media pluralism policies for online news.

In the transition to a media landscape increasingly dominated by broadband internet distribution and the dominance of US-centric new media behemoths Google, Facebook, Apple, Amazon, and Netflix, Media Pluralism and Online News investigates measures that can be taken to reduce this ongoing march of concentration and the attenuation of media voices. The authors argue that there is an urgent need for revitalized thinking for a media policy agenda to deal with the trend of concentrated media power, which is an ongoing global risk to public interest journalism. Securing the public interest in a vibrant and sustainable news media sector will require that merger decisions assess whether there is a reduction in diversity, calling for a new public interest test and a more expansive policy focus than in the past.
 
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Medical Malpractice and the American Jury
Confronting the Myths about Jury Incompetence, Deep Pockets, and Outrageous Damage Awards
Neil Vidmar
University of Michigan Press, 1997
In this landmark book, Neil Vidmar looks beyond the common perceptions of medical malpractice litigation and finds a system that is fair, impartial, and intelligent. Firmly grounded in a wealth of empirical data, the author presents a fresh look at a civil jury system that has been maligned as out-of-touch, capricious, and disposed to awarding exorbitant, unjustified amounts to plaintiffs whenever they have the opportunity. In an era when tort reform is high on the congressional agenda, Medical Malpractice and the American Jury is almost alone in voicing reason and fact.
Written in a thoroughly inviting, jargon-free style, Medical Malpractice and the American Jury places those cases that go to trial in the broader context of litigation, noting that only about ten percent of malpractice cases ever result in trials. Of those that do go to trial, the author notes, more than two out of three cases are decided in the doctor's favor--repudiating the view that jurors are inherently biased against doctors and are motivated more by sympathy for the plaintiff than by the facts of the case.
Neil Vidmar comprehensively addresses all the claims that have been leveled against the performance of malpractice juries. For example, he compares actual jury decisions on negligence with neutral physicians' ratings of whether negligence occurred in the medical treatment and finds a remarkable consistency--repudiating the view that jurors are unable to understand experts or uncritically defer to their opinion.
"Medical Malpractice and the American Jury is quite simply the most compelling, comprehensive examination of the American jury system yet written. It brings reason and fact to the debate in a way that puts the lie to the many myths surrounding medical negligence cases. For anyone genuinely interested in just solutions, this book should be required reading. To act in ignorance of its findings invites disaster." --Trial
"For anyone really interested in the evidence about the daily grind of the courthouse mill, Neil Vidmar's Medical Malpractice and the American Jury is a good place to start." --Washington Post Book World
Neil Vidmar is Professor of Social Science and Law, Duke Law School, and Professor of Psychology, Duke University.
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Medical Malpractice
Law, Tactics, and Ethics
Frank M. McClellan
Temple University Press, 1993

From practical to philosophical considerations, this succinct, clear presentation of medical malpractice issues is a valuable resource for the classroom and the reference shelf. Frank M. McClellan illustrates the multitude of considerations that impact the merit of each case, never losing sight of the importance of preserving human dignity in malpractice lawsuits.

Early chapters urge the evaluation of legal, medical, and ethical standards, especially the Standard of Care. Part II focuses on assessing and proving compensatory and punitive damages, Part III sets out guidelines for intelligence gathering, medical research, choosing expert witnesses, and preparing for trial.

Students of law, medicine, and public health, as well as lawyers and health care professionals, will find in Medical Malpractice a valuable text or reference book. "Problems" in twelve of the thirteen chapters illustrate the range of issues that can arise in malpractice suits. An appendix lists leading cases that have shaped medical malpractice law.

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The Medical Malpractice Myth
Tom Baker
University of Chicago Press, 2005
American health care is in crisis because of exploding medical malpractice litigation. Insurance premiums for doctors and malpractice lawsuits are skyrocketing, rendering doctors both afraid and unable to afford to continue to practice medicine. Undeserving victims sue at the drop of a hat, egged on by greedy lawyers, and receive eye-popping awards that insurance companies, hospitals, and doctors themselves struggle to pay. The plaintiffs and lawyers always win; doctors, and the nonlitigious, always lose; and affordable health care is the real victim.

This, according to Tom Baker, is the myth of medical malpractice, and as a reality check he offers The Medical Malpractice Myth, a stunning dismantling of this familiar, but inaccurate, picture of the health care industry. Are there too many medical malpractice suits? No, according to Baker; there is actually a great deal more medical malpractice, with only a fraction of the cases ever seeing the inside of a courtroom. Is too much litigation to blame for the malpractice insurance crisis? No, for that we can look to financial trends and competitive behavior in the insurance industry. Are these lawsuits frivolous? Very rarely. Point by point, Baker—a leading authority on insurance and law—pulls together the research that demolishes the myths that have taken hold about medical malpractice and suggests a series of legal reforms that would help doctors manage malpractice insurance while also improving patient safety and medical accountability.

President Bush has made medical malpractice reform a priority in his last term in office, but if history is any indication, legislative reform would only worsen the situation and perpetuate the gross misunderstanding of it. The debate surely will be transformed by The Medical Malpractice Myth, a book aimed squarely at general readers but with radical conclusions that speak to the highest level of domestic policymaking.
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Medical Malpractice on Trial
Paul C. Weiler
Harvard University Press, 1991

Medical malpractice has been at the center of recurring tort crises for the last quarter-century. In 1960, expenditures on medical liability insurance in the United States amounted to about $60 million. In 1988, the figure topped $7 billion. Physicians have responded not simply with expensive methods of "defensive medicine" but also with successful pressure upon state legislatures to cut back on the tort rights of seriously injured patients. Various reforms have been proposed to deal with the successive crises, but so far none have proved to be effective and fair.

In this landmark book, Paul Weiler argues for a two-part approach to the medical malpractice crisis. First, he proposes a thorough revision of the current tort liability regime, which would concentrate available resources on meeting actual financial losses of seriously injured victims. It would also shift the focus of tort liability from the individual doctor to the hospital or other health care organization. This would elicit more effective quality assurance programs from the institutions that are in the best position to reduce our current unacceptable rate of physician-induced injuries.

But in states such as New York, Florida, and Illinois, where the current situation seems to have gone beyond the help of even drastic tort reform, the preferred solution is a no-fault system. Weiler shows how such a system would provide more equitable compensation, more effective prevention, and more economical administration than any practical alternative.

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Medieval Church Law and the Origins of the Western Legal Tradition
A Tribute to Kenneth Pennington
Wolfgang P. Müller
Catholic University of America Press, 2006
In this volume dedicated to medieval canon law expert Kenneth Pennington, leading scholars from around the world discuss the contribution of medieval church law to the origins of the western legal tradition.
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The Medieval Origins of the Legal Profession
Canonists, Civilians, and Courts
James A. Brundage
University of Chicago Press, 2008
In the aftermath of sixth-century barbarian invasions, the legal profession that had grown and flourished during the Roman Empire vanished. Nonetheless, professional lawyers suddenly reappeared in Western Europe seven hundred years later during the 1230s when church councils and public authorities began to impose a body of ethical obligations on those who practiced law. James Brundage’s The Medieval Origins of the Legal Profession traces the history of legal practice from its genesis in ancient Rome to its rebirth in the early Middle Ages and eventual resurgence in the courts of the medieval church.
                        By the end of the eleventh century, Brundage argues, renewed interest in Roman law combined with the rise of canon law of the Western church to trigger a series of consolidations in the profession. New legal procedures emerged, and formal training for proctors and advocates became necessary in order to practice law in the reorganized church courts. Brundage demonstrates that many features that characterize legal advocacy today were already in place by 1250, as lawyers trained in Roman and canon law became professionals in every sense of the term. A sweeping examination of the centuries-long power struggle between local courts and the Christian church, secular rule and religious edict, The Medieval Origins of the Legal Profession will be a resource for the professional and the student alike.
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Medieval Public Justice
Massimo Vallerani
Catholic University of America Press, 2012
In a series of essays based on surviving documents of actual court practices from Perugia and Bologna, as well as laws, statutes, and theoretical works from the 12th and 13th centuries, Massimo Vallerani offers important historical insights into the establishment of a trial-based public justice system.
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Men, Mobs, and Law
Anti-Lynching and Labor Defense in U.S. Radical History
Rebecca N. Hill
Duke University Press, 2008
In Men, Mobs, and Law, Rebecca N. Hill compares two seemingly unrelated types of leftist protest campaigns: those intended to defend labor organizers from prosecution and those seeking to memorialize lynching victims and stop the practice of lynching. Arguing that these forms of protest are related and have substantially influenced one another, Hill points out that both worked to build alliances through appeals to public opinion in the media, by defining the American state as a force of terror, and by creating a heroic identity for their movements. Each has played a major role in the history of radical politics in the United States. Hill illuminates that history by considering the narratives produced during the abolitionist John Brown’s trials and execution, analyzing the defense of the Chicago anarchists of the Haymarket affair, and comparing Ida B. Wells’s and the NAACP’s anti-lynching campaigns to the Industrial Workers of the World’s early-twentieth-century defense campaigns. She also considers conflicts within the campaign to defend Sacco and Vanzetti, chronicles the history of the Communist Party’s International Labor Defense, and explores the Black Panther Party’s defense of George Jackson.

As Hill explains, labor defense activists first drew on populist logic, opposing the masses to the state in their campaigns, while anti-lynching activists went in the opposite direction, castigating “the mob” and appealing to the law. Showing that this difference stems from the different positions of whites and Blacks in the American legal system, Hill’s comparison of anti-lynching organizing and radical labor defenses reveals the conflicts and intersections between antiracist struggle and socialism in the United States.

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Men to Devils, Devils to Men
Japanese War Crimes and Chinese Justice
Barak Kushner
Harvard University Press, 2015

The Japanese Army committed numerous atrocities during its pitiless campaigns in China from 1931 to 1945. When the Chinese emerged victorious with the Allies at the end of World War II, many seemed ready to exact retribution for these crimes. Rather than resort to violence, however, they chose to deal with their former enemy through legal and diplomatic means. Focusing on the trials of, and policies toward, Japanese war criminals in the postwar period, Men to Devils, Devils to Men analyzes the complex political maneuvering between China and Japan that shaped East Asian realpolitik during the Cold War.

Barak Kushner examines how factions of Nationalists and Communists within China structured the war crimes trials in ways meant to strengthen their competing claims to political rule. On the international stage, both China and Japan propagandized the tribunals, promoting or blocking them for their own advantage. Both nations vied to prove their justness to the world: competing groups in China by emphasizing their magnanimous policy toward the Japanese; Japan by openly cooperating with postwar democratization initiatives. At home, however, Japan allowed the legitimacy of the war crimes trials to be questioned in intense debates that became a formidable force in postwar Japanese politics.

In uncovering the different ways the pursuit of justice for Japanese war crimes influenced Sino-Japanese relations in the postwar years, Men to Devils, Devils to Men reveals a Cold War dynamic that still roils East Asian relations today.

[more]

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Mental Disorder, Work Disability, and the Law
Edited by Richard J. Bonnie and John Monahan
University of Chicago Press, 1996
A barrage of "handbooks" and "resource manuals" aimed at employers and legal practitioners on the employment rights of people with disabilities has begun to appear. Until now, however, there has been no serious book-length scholarly treatment of how mental disorder can affect work, how work can affect mental disorder, and the role of law in addressing employment discrimination based on mental rather than physical disability. In Mental Disorder, Work Disability and the Law, the editors bring together original work by leading scholars who have studied mental disorder and work disability from the fields of sociology, psychology, psychiatry, law, and economics. The authors' contributions build upon one another to create the first integrated account of the important policy issues at stake when law deals with the rights of mentally disordered citizens to work when they are able to, and to receive benefits when they are not.

This book will be of great value to scholars in law and the mental health professions and to policy makers and the administrators of disability programs.
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The Mental Health Practitioner and the Law
A Comprehensive Handbook
Lawrence E. Lifson M.D.
Harvard University Press, 1998

"Could I be sued?" The exploding number of malpractice lawsuits in recent years has brought this question to the mind of every clinician---the conscientious as well as the negligent.

A unique and practical guide to clinical risk management, this book combines the expertise of mental health professionals, judges, attorneys, and insurance industry experts, to help the clinician provide effective treatment while reducing the risk of legal liability. Wide-ranging, clinically based, and up to date, it will be a welcome guide for medical and surgical practitioners as well.

The first section gives clinicians a working knowledge of legal regulation in psychiatry and medicine, covering informed consent, documentation of patient care, and potential conflicts of interest. The second section identifies high-risk areas for lawsuits, including managing suicidal and violent patients, boundary violations, supervision issues, prescription of medications, liability in managed care settings, and treatment termination. The book concludes with a primer on clinical testimony in the courtroom.

The broad range of distinguished contributors to this volume will provide a survival guide to clinicians in the increasingly complex and rapidly changing world of health care.

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Message in a Bottle
The Making of Fetal Alcohol Syndrome
Janet Golden
Harvard University Press, 2006

A generation has passed since a physician first noticed that women who drank heavily while pregnant gave birth to underweight infants with disturbing tell-tale characteristics. Women whose own mothers enjoyed martinis while pregnant now lost sleep over a bowl of rum raisin ice cream. In Message in a Bottle, Janet Golden charts the course of Fetal Alcohol Syndrome (FAS) through the courts, media, medical establishment, and public imagination.

Long considered harmless during pregnancy (doctors even administered it intravenously during labor), alcohol, when consumed by pregnant women, increasingly appeared to be a potent teratogen and a pressing public health concern. Some clinicians recommended that women simply moderate alcohol consumption; others, however, claimed that there was no demonstrably safe level for a developing fetus, and called for complete abstinence. Even as the diagnosis gained acceptance and labels appeared on alcoholic beverages warning pregnant women of the danger, FAS began to be de-medicalized in some settings. More and more, FAS emerged in court cases as a viable defense for people charged with serious, even capital, crimes and their claims were rejected.

Golden argues that the reaction to FAS was shaped by the struggle over women's relatively new abortion rights and the escalating media frenzy over "crack" babies. It was increasingly used as evidence of the moral decay found within marginalized communities--from inner-city neighborhoods to Indian reservations. With each reframing, FAS became a currency traded by politicians and political commentators, lawyers, public health professionals, and advocates for underrepresented minorities, each pursuing separate aims.

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Mexican Americans and the Law
¡El pueblo unido jamás será vencido!
Reynaldo Anaya Valencia, Sonia R. García, Henry Flores, and José Roberto Juárez Jr.
University of Arizona Press, 2004
The experience of Mexican Americans in the United States has been marked by oppression at the hands of the legal system—but it has also benefited from successful appeals to the same system. Mexican Americans and the Law illustrates how Mexican Americans have played crucial roles in mounting legal challenges regarding issues that directly affect their political, educational, and socioeconomic status.

Each chapter highlights historical contexts, relevant laws, and policy concerns for a specific issue and features abridged versions of significant state and federal cases involving Mexican Americans. Beginning with People v. Zammora (1940), the trial that was a precursor to the Zoot Suit Riots in Los Angeles during World War II, the authors lead students through some of the most important and precedent-setting cases in American law:
- Educational equality: from segregation concerns in Méndez v. Westminster (1946) to unequal funding in San Antonio Independent School District vs. Rodríguez (1973)
- Gender issues: reproductive rights in Madrigal v. Quilligan (1981), workplace discrimination in EEOC v. Hacienda Hotel (1989), sexual violence in Aguirre-Cervantes v. INS (2001)
- Language rights: Ýñiguez v. Arizonans for Official English (1995), García v. Gloor (1980), Serna v. Portales Municipal Schools (1974)
- Immigration-: search and seizure questions in U.S. v. Brignoni-Ponce (1975) and U.S. v. Martínez-Fuerte (1976); public benefits issues in Plyler v. Doe (1982) and League of United Latin American Citizens v. Wilson (1997)
- Voting rights: redistricting in White v. Regester (1973) and Bush v. Vera (1996)
- Affirmative action: Hopwood v. State of Texas (1996) and Coalition for Economic Equity v. Wilson (1997)
- Criminal justice issues: equal protection in Hernández v. Texas (1954); jury service in Hernández v. New York (1991); self incrimination in Miranda v. Arizona (1966); access to legal counsel in Escobedo v. Illinois (1964)

With coverage as timely as the 2003 Supreme Court decision on affirmative action, Mexican Americans and the Law offers invaluable insight into legal issues that have impacted Mexican Americans, other Latinos, other racial minorities, and all Americans. Discussion questions, suggested readings, and Internet sources help students better comprehend the intricacies of law.

[more]

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The Michigan Guidelines on the International Protection of Refugees
James C. Hathaway
Michigan Publishing Services, 2019
The Michigan Guidelines on the International Protection of Refugees are the result of a collective endeavor of hundreds of scholars, advocates, judges, and international officials to tackle some of the most important and challenging questions in international refugee law. This volume presents 20 years of the Guidelines — the consensus work of senior Michigan Law students and experts from around the world on cutting-edge refugee law concerns — in five languages (English, French, Spanish, Arabic, and Russian).  

The Guidelines address five of the most difficult issues of refugee status: what is the meaning of a “well-founded fear”; when may refugee status be denied on grounds of an “internal protection alternative”; how is the causal connection to a Convention ground to be assessed; when is a risk fairly said to be for reasons of “political opinion”; and under what circumstances are persons believed to have violated rules of international criminal law to be excluded from refugee status?  Additionally, this volume also addresses three critical aspects of refugee rights – when may a refugee be required to seek protection in a country not of his or her choosing; to what extent is a refugee entitled to undertake employment or other economic activity; and what is the scope of a refugee’s right to freedom of movement, both between states and within the asylum country?
 
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Michigan Supreme Court Historical Reference Guide, 2nd Edition
David Chardavoyne
Michigan State University Press, 2015
This second edition of the Michigan Supreme Court Historical Reference Guide contains the biographies of Michigan Supreme Court’s justices from its territorial beginnings in 1803 through 2015. It includes summaries of twenty top cases of the Michigan Supreme Court, which contextualize the eras in which the justices were on the bench, giving a greater depth of understanding to both who the justices were and the historical significance of the cases they decided. A rich reference for historians and attorneys, this book also includes valuable charts detailing election dates and candidates as well as court compositions (who served with whom); lists of chief justices and the ten longest—and shortest—serving justices with dates of service; and a history of the structural evolution of the Michigan Supreme Court.
[more]

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The Microsoft Case
Antitrust, High Technology, and Consumer Welfare
William H. Page and John E. Lopatka
University of Chicago Press, 2007

In 1998, the United States Department of Justice and state antitrust agencies charged that Microsoft was monopolizing the market for personal computer operating systems.  More than ten years later, the case is still the defining antitrust litigation of our era.  William H. Page and John E. Lopatka’s The Microsoft Case contributes to the debate over the future of antitrust policy by examining the implications of the litigation from the perspective of consumer welfare. 

The authors trace the development of the case from its conceptual origins through the trial and the key decisions on both liability and remedies.  They argue that, at critical points, the legal system failed consumers by overrating government’s ability to influence outcomes in a dynamic market. This ambitious book is essential reading for business, law, and economics scholars as well as anyone else interested in the ways that technology, economics, and antitrust law have interacted in the digital age.

“This book will become the gold standard for analysis of the monopolization cases against Microsoft. . . . No serious student of law or economic policy should go without reading it.”—Thomas C. Arthur, Emory University

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Military Prisons of the Civil War
A Comparative Study
David L. Keller
Westholme Publishing, 2021
A Fresh Analysis of the First Large-Scale Imprisonment of Soldiers in Wartime and Its Failures 
Over the course of the American Civil War, more than four hundred thousand prisoners were taken by the North and South combined—the largest number in any conflict up to that time, and nearly fifty-eight thousand of these men died while incarcerated or soon after being released. Neither side expected to take so many prisoners in the wake of battles and neither had any experience on how to deal with such large numbers. Prison camps were quickly established, and as the war progressed, reports of sickness, starvation, mistreatment by guards, and other horrors circulated in the press. After the war, recriminations were leveled on both sides, and much of the immediate ill-will between the North and South dealt with prisoners and their treatment. 
    In Military Prisons of the Civil War: A Comparative Analysis historic preservationist David L. Keller consulted official records, newspaper reports, first-person accounts from prisoners, and other primary source material in order to understand why imprisonment during the Civil War failed on both sides. His research identifies five factors shared among both Union and Confederate prisons that led to so many deaths, including the lack of a strategic plan on either side for handling prisoners, inadequate plans for holding prisoners for long periods of time, and poor selection and training of camp command and guards. 
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The Militia and the Right to Arms, or, How the Second Amendment Fell Silent
H. Richard Uviller and William G. Merkel
Duke University Press, 2002
"A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed."
—Amendment II, United States Constitution

The Second Amendment is regularly invoked by opponents of gun control, but H. Richard Uviller and William G. Merkel argue the amendment has nothing to contribute to debates over private access to firearms. In The Militia and the Right to Arms, or, How the Second Amendment Fell Silent, Uviller and Merkel show how postratification history has sapped the Second Amendment of its meaning. Starting with a detailed examination of the political principles of the founders, the authors build the case that the amendment's second clause (declaring the right to bear arms) depends entirely on the premise set out in the amendment's first clause (stating that a well-regulated militia is necessary to the security of a free state). The authors demonstrate that the militia envisioned by the framers of the Bill of Rights in 1789 has long since disappeared from the American scene, leaving no lineal descendants. The constitutional right to bear arms, Uviller and Merkel conclude, has evaporated along with the universal militia of the eighteenth century.

Using records from the founding era, Uviller and Merkel explain that the Second Amendment was motivated by a deep fear of standing armies. To guard against the debilitating effects of militarism, and against the ultimate danger of a would-be Caesar at the head of a great professional army, the founders sought to guarantee the existence of well-trained, self-armed, locally commanded citizen militia, in which service was compulsory. By its very existence, this militia would obviate the need for a large and dangerous regular army. But as Uviller and Merkel describe the gradual rise of the United States Army and the National Guard over the last two hundred years, they highlight the nation's abandonment of the militia ideal so dear to the framers. The authors discuss issues of constitutional interpretation in light of radically changed social circumstances and contrast their position with the arguments of a diverse group of constitutional scholars including Sanford Levinson, Carl Bogus, William Van Alstyne, and Akhil Reed Amar.  

Espousing a centrist position in the polarized arena of Second Amendment interpretation, this book will appeal to those wanting to know more about the amendment's relevance to the issue of gun control, as well as to those interested in the constitutional and political context of America's military history.

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Minding Justice
Laws That Deprive People with Mental Disability of Life and Liberty
Christopher Slobogin
Harvard University Press, 2006

Minding Justice offers a comprehensive examination of the laws governing the punishment, detention, and protection of people with mental disabilities. Using famous cases such as those of John Hinckley, Andrea Yates, and Theodore Kaczynski, the book analyzes the insanity defense and related doctrines, the role of mental disability in sentencing, the laws that authorize commitment of "sexual predators" and others thought to be a threat to society, and the rules that restrict participation of mentally compromised individuals in the criminal and treatment decision-making processes.

Arguing that current legal doctrines are based on flawed premises and ignorance of the impairments caused by mental disability, Christopher Slobogin makes a case for revamping the insanity defense, abolishing the "guilty but mentally ill" verdict, prohibiting execution of people with mental disability, restructuring preventive detention, and redefining incompetency. A milestone in criminal mental health law, Minding Justice provides innovative solutions to ancient problems associated with criminal responsibility, protection of society from "dangerous" individuals, and the state's authority to act paternalistically.

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Minding the Law
Anthony G. Amsterdam and Jerome Bruner
Harvard University Press, 2000

In this remarkable collaboration, one of the nation's leading civil rights lawyers joins forces with one of the world's foremost cultural psychologists to put American constitutional law into an American cultural context. By close readings of key Supreme Court opinions, they show how storytelling tactics and deeply rooted mythic structures shape the Court's decisions about race, family law, and the death penalty.



Minding the Law explores crucial psychological processes involved in the work of lawyers and judges: deciding whether particular cases fit within a legal rule ("categorizing"), telling stories to justify one's claims or undercut those of an adversary ("narrative"), and tailoring one's language to be persuasive without appearing partisan ("rhetorics"). Because these processes are not unique to the law, courts' decisions cannot rest solely upon legal logic but must also depend vitally upon the underlying culture's storehouse of familiar tales of heroes and villains.

But a culture's stock of stories is not changeless.



Amsterdam and Bruner argue that culture itself is a dialectic constantly in progress, a conflict between the established canon and newly imagined "possible worlds." They illustrate the swings of this dialectic by a masterly analysis of the Supreme Court's race-discrimination decisions during the past century.



A passionate plea for heightened consciousness about the way law is practiced and made, Minding the Law will be welcomed by a new generation concerned with renewing law's commitment to a humane justice.

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The Miner’s Canary
Enlisting Race, Resisting Power, Transforming Democracy
Lani Guinier and Gerald Torres
Harvard University Press, 2002

Like the canaries that alerted miners to a poisonous atmosphere, issues of race point to underlying problems in society that ultimately affect everyone, not just minorities. Addressing these issues is essential. Ignoring racial differences--race blindness--has failed. Focusing on individual achievement has diverted us from tackling pervasive inequalities. Now, in a powerful and challenging book, Lani Guinier and Gerald Torres propose a radical new way to confront race in the twenty-first century.

Given the complex relationship between race and power in America, engaging race means engaging standard winner-take-all hierarchies of power as well. Terming their concept "political race," Guinier and Torres call for the building of grass-roots, cross-racial coalitions to remake those structures of power by fostering public participation in politics and reforming the process of democracy. Their illuminating and moving stories of political race in action include the coalition of Hispanic and black leaders who devised the Texas Ten Percent Plan to establish equitable state college admissions criteria, and the struggle of black workers in North Carolina for fair working conditions that drew on the strength and won the support of the entire local community.

The aim of political race is not merely to remedy racial injustices, but to create truly participatory democracy, where people of all races feel empowered to effect changes that will improve conditions for everyone. In a book that is ultimately not only aspirational but inspirational, Guinier and Torres envision a social justice movement that could transform the nature of democracy in America.

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A Ministry of Presence
Chaplaincy, Spiritual Care, and the Law
Winnifred Fallers Sullivan
University of Chicago Press, 2014
Most people in the United States today no longer live their lives under the guidance of local institutionalized religious leadership, such as rabbis, ministers, and priests; rather, liberals and conservatives alike have taken charge of their own religious or spiritual practices. This shift, along with other social and cultural changes, has opened up a perhaps surprising space for chaplains—spiritual professionals who usually work with the endorsement of a religious community but do that work away from its immediate hierarchy, ministering in a secular institution, such as a prison, the military, or an airport, to an ever-changing group of clients of widely varying faiths and beliefs.

In A Ministry of Presence, Winnifred Fallers Sullivan explores how chaplaincy works in the United States—and in particular how it sits uneasily at the intersection of law and religion, spiritual care, and government regulation. Responsible for ministering to the wandering souls of the globalized economy, the chaplain works with a clientele often unmarked by a specific religious identity, and does so on behalf of a secular institution, like a hospital. Sullivan's examination of the sometimes heroic but often deeply ambiguous work yields fascinating insights into contemporary spiritual life, the politics of religious freedom, and the never-ending negotiation of religion's place in American institutional life.
[more]

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Minorities and Law in Czechoslovakia
Jan Kuklík and René Petráš
Karolinum Press, 2017
Across the whole of modern Czech history—from 1918, through World War II, and into the postwar years—ethnic and minority issues have been of the utmost prominence. Moreover, Czechoslovakia has in the past been held up as a model for solving problems related to ethnic and minority tensions through legal regulations—regulations that played a key role in delineating minority status. Primarily intended for an international, non-Czech audience, this book takes a long-term perspective on issues related to ethnic and language minorities in Czechoslovakia. Bridging legal and historical disciplines, Jan Kuklík and René Petráš show that as ethnic minority issues once again come to the forefront of policy debates in Europe and beyond, a detailed knowledge of earlier Czech difficulties and solutions may help us to understand and remedy contemporary problems.
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Miranda's Waning Protections
Police Interrogation Practices after Dickerson
Welsh S. White
University of Michigan Press, 2003
Did the Supreme Court's upholding of Miranda in 2000 adversely impact law enforcement, as conservatives have complained, or was it a reaffirmation of individual rights?

Welsh S. White looks at both sides of the issue, emphasizing that Miranda represents just one stage in the Court's ongoing struggle to accommodate a fundamental conflict between law enforcement and civil liberties, and assessing whether the Court's present decisions (including Miranda) strike an appropriate balance between promoting law enforcement's interest in obtaining reliable evidence and the individual's interest in being protected from overreaching police practices.

Welsh S. White is Professor of Law, University of Pittsburgh School of Law. He is best known for his work on capital punishment and has published and lectured on the death penalty for the past twenty years.
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Misreading Law, Misreading Democracy
Victoria Nourse
Harvard University Press, 2016

American law schools extol democracy but teach little about its most basic institution, the Congress. Interpreting statutes is lawyers’ most basic task, but law professors rarely focus on how statutes are made. This misguided pedagogy, says Victoria Nourse, undercuts the core of legal practice. It may even threaten the continued functioning of American democracy, as contempt for the legislature becomes entrenched in legal education and judicial opinions. Misreading Law, Misreading Democracy turns a spotlight on lawyers’ and judges’ pervasive ignorance about how Congress makes law.

Victoria Nourse not only offers a critique but proposes reforming the way lawyers learn how to interpret statutes by teaching legislative process. Statutes are legislative decisions, just as judicial opinions are decisions. Her approach, legislative decision theory, reverse-engineers the legislative process to simplify the task of finding Congress’s meanings when statutes are ambiguous. This theory revolutionizes how we understand legislative history—not as an attempt to produce some vague notion of legislative intent but as a surgical strike for the best evidence of democratic context.

Countering the academic view that the legislative process is irrational and unseemly, Nourse makes a forceful argument that lawyers must be educated about the basic procedures that define how Congress operates today. Lawmaking is a sequential process with political winners and losers. If lawyers and judges do not understand this, they may well embrace the meanings of those who opposed legislation rather than those who supported it, making legislative losers into judicial winners, and standing democracy on its head.

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Missouri Law and the American Conscience
Historical Rights and Wrongs
Edited by Kenneth H. Winn
University of Missouri Press, 2016
Until recently, many of Missouri’s legal records were inaccessible and the existence of many influential, historic cases was unknown. The ten essays in this volume showcase Missouri as both maker and microcosm of American history. Some of the topics are famous: Dred Scott’s slave freedom suit, Virginia Minor’s women’s suffrage case, Curt Flood’s suit against professional baseball, and the Nancy Cruzan “right to die” case. Other essays cover court cases concerning the uneasy incorporation of ethnic and cultural populations into the United States; political loyalty tests during the Civil War; the alleviation of cruelty to poor and criminally institutionalized children; the barring of women to serve on juries decades after they could vote; and the creation of the “Missouri Court Plan,” a national model for judicial selection.

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Mobilizing Gay Singapore
Rights and Resistance in an Authoritarian State
Lynette J Chua
Temple University Press, 2015

For decades, Singapore's gay activists have sought equality and justice in a state where law is used to stifle basic civil and political liberties. In her groundbreaking book, Mobilizing Gay Singapore, Lynette Chua asks, what does a social movement look like in an authoritarian state? She takes an expansive view of the gay movement to examine its emergence, development, strategies, and tactics, as well as the roles of law and rights in social processes.

 

Chua tells this important story using in-depth interviews with gay activists, observations of the movement's activities-including "Pink Dot" events, where thousands of Singaporeans gather in annual celebrations of gay pride-movement documents, government statements, and media reports. She shows how activists deploy "pragmatic resistance" to gain visibility and support, tackle political norms that suppress dissent, and deal with police harassment, while avoiding direct confrontations with the law. 

 

Mobilizing Gay Singapore also addresses how these brave, locally engaged citizens come out into the open as gay activists and expand and diversify their efforts in the global queer political movement. 

 
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Modern Isonomy
Democratic Participation and Human Rights Protection as a System of Equal Rights
Gerald Stourzh
University of Chicago Press, 2021
Until the eighteenth century, Western societies were hierarchical ones. Since then, they have transformed themselves into societies dominated by two features: participatory democracy and the protection of human rights. In Modern Isonomy, distinguished political theorist Gerald Stourzh unites these ideas as “isonomy.”
 
The ideal, Stourzh argues, is a state, and indeed a world, in which individual rights, including the right to participate in politics equally, are clearly defined and possessed by all. Stourzh begins with ancient Greek thought contrasting isonomy—which is associated with the rule of the many—with “gradated societies,” oligarchies, and monarchies. He then discusses the American experiment with the development of representative democracy as well as the French Revolution, which proclaimed that all people are born and remain free and with equal rights. But progress on the creation and protection of rights for all has been uneven. Stourzh discusses specifically the equalization of slaves, peasants, women, Jews, and indigenous people. He demonstrates how deeply intertwined the protection of equal rights is with the development of democracy and gives particular attention to the development of constitutional adjudication, notably the constitutional complaint of individuals. He also discusses the international protection human rights. Timely and thought-provoking, Modern Isonomy is an erudite exploration of political and human rights.
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The Modern Supreme Court
Robert Green McCloskey
Harvard University Press

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Molecular Politics
Developing American and British Regulatory Policy for Genetic Engineering, 1972-1982
Susan Wright
University of Chicago Press, 1994
The promise of genetic engineering in the early 1970s to profoundly reshape the living world activated a variety of social interests in its future promotion and control. With public safety, gene patents, and the future of genetic research at stake, a wide range of interest groups competed for control over this powerful new technology.

In this comparative study of the development of regulatory policy for genetic engineering in the United States and the United Kingdom, Susan Wright analyzes government responses to the struggles among corporations, scientists, universities, trade unions, and public interest groups over regulating this new field. Drawing on archival materials, government records, and interviews with industry executives, politicians, scientists, trade unionists, and others on both sides of the Atlantic, Molecular Politics provides a comprehensive account of a crucial set of policy decisions and explores their implications for the political economy of science.

By combining methods from political science and the history of science, Wright advances a provocative interpretation of the evolution of genetic engineering policy and makes a major contribution to science and public policy studies.
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The Montgomery Bus Boycott and the Women Who Started It
The Memoir of Jo Ann Gibson Robinson
Jo Ann Gibson Robinson
University of Tennessee Press, 1987
Histories of the Montgomery Bus Boycott of 1955–1956 typically focus on Rose Parks, who refused to yield her bus seat to a white man, and on a young Martin Luther King Jr., who became the spokesman for the black community organization set up to pursue a boycott of Montgomery's segregated city buses. In an important revision of the traditional account, this extraordinary personal memoir reveals an earlier and more important role played by a group of middle-class black Montgomery women in creating the boycott.

As head of the Women's Political Council, the most active and assertive black civic organization in the City, Jo Ann Robinson was centrally involved in planning for a boycott far in advance and was able to immediately initiate it the evening Rosa Parks was arrested. Robinson also took part in curcial but ultimately unsuccessful negotiations with white officials both before and during the protest. Her proud, moving narrative vividly portrays her colleagues in the struggle, their strategies and decisions, and evokes the complex emotional currents in Montgomery during the boycott.

The Montgomery Bus Boycott ignited the civil rights movement and has always been vitally important in southern history and African American history. This seminal publication, named to Wall Street Journal's top ten list of book on the civil rights movement, has long been a milestone publication in understanding America's complicated racial history.
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The Moral Conflict of Law and Neuroscience
Peter A. Alces
University of Chicago Press, 2018
Law relies on a conception of human agency, the idea that humans are capable of making their own choices and are morally responsible for the consequences. But what if that is not the case? Over the past half century, the story of the law has been one of increased acuity concerning the human condition, especially the workings of the brain. The law already considers select cognitive realities in evaluating questions of agency and responsibility, such as age, sanity, and emotional distress. As new neuroscientific research comprehensively calls into question the very idea of free will, how should the law respond to this revised understanding?
           
Peter A. Alces considers where and how the law currently fails to appreciate the neuroscientific revelation that humans may in key ways lack normative free will—and therefore moral responsibility. The most accessible setting in which to consider the potential impact of neuroscience is criminal law, as certain aspects of criminal law already reveal the naiveté of most normative reasoning, such as the inconsistent treatment of people with equally disadvantageous cognitive deficits, whether congenital or acquired. But tort and contract law also assume a flawed conception of human agency and responsibility. Alces reveals the internal contradictions of extant legal doctrine and concludes by considering what would be involved in constructing novel legal regimes based on emerging neuroscientific insights.
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Morality & Imagination
Yi-Fu Tuan
University of Wisconsin Press, 1989
Can the individual and society be both moral and imaginative? In Western society the moral person tends to be regarded as either simple and naive or narrow and bigoted. In contrast, the imaginative person is looked on as someone not bound by the customs of the group and therefore likely to be fanciful and out of touch with reality.
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The Morality of Laughter
F. H. Buckley
University of Michigan Press, 2005
“Bravo! I’ll say nothing funny about it, for it is a
superior piece of work.”
—P. J. O’Rourke

“F. H. Buckley’s The Morality of Laughter is at once
a humorous look at serious matters and a serious
book about humor.”
Crisis Magazine

“Buckley has written a . ne and funny book that will
be read with pleasure and instruction.”
First Things

“. . . written elegantly and often wittily. . . .”
National Post

“. . . a fascinating philosophical exposition of
laughter. . . .”
National Review

“. . . at once a wise and highly amusing book.”
Wall Street Journal Online

“. . . a useful reminder that a cheery society is a
healthy one.”
Weekly Standard
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More or Less Afraid of Nearly Everything
Homeland Security, Borders, and Disasters in the Twenty-First Century
Benjamin Rohrbaugh
University of Michigan Press, 2020
Migration, borders, cybersecurity, natural disasters, and terrorism: Homeland security is constantly in the news. Despite ongoing attention, these problems seem to be getting bigger even as the political discussion grows more overheated and misleading. Ben Rohrbaugh, a former border security director at the White House’s National Security Council, cuts through the noise to provide an accessible and novel framework to understand both homeland security and the thinking around how to keep civilians safe.

Throughout the twentieth century, the United States did not experience national security domestically; it defended its borders by conducting military, foreign policy, and intelligence operations internationally, and then separated these activities from domestic law enforcement with bright legal lines. In the twenty-first century, U.S. national security no longer occurs exclusively outside of the nation. The U.S. government is beginning to respond to this change, and the establishment of the Department of Homeland Security is merely the first step in an organizational and strategic realignment that will be a long, difficult, and mistake-filled process. More or Less Afraid of Nearly Everything is an accessible and engaging guide to homeland security, particularly migration and border security, that makes innovative arguments about the American government and keeping citizens safe, and provides practical solutions to real-world problems.
 
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More Secure, Less Free?
Antiterrorism Policy & Civil Liberties after September 11
Mark Sidel
University of Michigan Press, 2010
The first comprehensive analysis of the full range of antiterror initiatives undertaken in the United States after the 2001 terrorist attacks

Unlike earlier books published shortly after the September 11 attacks that focus on the Patriot Act, More Secure, Less Free? covers the Patriot Act but goes well beyond, analyzing Total Information Awareness, Terrorist Information and Prevention System (TIPS), Computer Assisted Passenger Prescreening System II (CAPPS II), and a number of other "second wave" antiterror initiatives.

It's also the first book of its kind to go beyond federal measures to explain the devolution of antiterror policies to the states, and now to the military as well. Author Mark Sidel discusses the continuing debates on antiterror law at the state level, with a focus on the important states of New York, California, and Michigan, and explains how the military-through an informant program known as "Eagle Eyes"-is now taking a direct hand in domestic antiterror efforts.

The volume also discusses and analyzes crucially important aspects of American antiterror policy that have been largely ignored in other volumes and discusses the effects of antiterror policy on the American academic world and the American nonprofit sector, for example. And it provides the first comparative perspectives on U.S. antiterror policy yet published in an American volume, discussing antiterror initiatives in Great Britain, Australia, and India and contrasting those to the American experience.

More Secure, Less Free? is important and essential reading for anyone interested in an analytical perspective on American antiterror policy since September 11 that goes well beyond the Patriot Act.

Mark Sidel is Associate Professor of Law at the University of Iowa and a research scholar at the University's Obermann Center for Advanced Studies.

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More Speech, Not Less
Communications Law in the Information Age
Mark Sableman. Foreword by Paul Simon
Southern Illinois University Press, 1997

On a daily basis we are confronted with "more speech, not less"—more news reports, more television channels, more publications, more electronic communications. Communications laws have expanded in response to the proliferation of communications, and these laws affect everyone.

Communications lawyer Mark Sableman uses recent case studies, practical examples, and plain language to describe and analyze the broad spectrum of modern communications laws and policies. In these essays, Sableman helps communications professionals as well as informed citizens understand the law.

The constitutional foundation for the information age is settled: radical solutions on either side have been rejected. Neither First Amendment absolutism nor untrammeled content-based censorship will rule in America. But within the remaining middle area, many key policy choices are being made by courts and policy makers. Intricate webs of legal do’s and don’ts, practical pitfalls, and effective safe harbors are being developed across the broad spectrum of communications law.

In this guide to existing law, developing trends, and critical policy determinations, Sableman discusses privacy, Internet communications and policy, censorship, libel and slander, copyright and intellectual property, advertising, broadcasting, and journalistic confidentiality. Through actual cases and practical examples, he examines and explains both the existing rules for communications professionals and the developing policies that deserve the attention and scrutiny of informed citizens. Sableman approaches these subjects as a practicing lawyer experienced in both business and media communications.

The phrase "more speech, not less" describes not only the growing cacophony of the information age, but also one approach to legal policy—Justice Louis D. Brandeis’s preference for "more speech, not enforced silence" in all but the most extreme situations. Drawing from his strong advocacy of free speech, Sableman hopes to stimulate informed debate among all who are concerned about the power of information and the magic of words and images.

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More Than Victims
Battered Women, the Syndrome Society, and the Law
Donald Alexander Downs
University of Chicago Press, 1996
In More Than Victims, Donald Downs offers a sympathetic and powerful analysis of the problems attending the use of battered-woman syndrome as a legal defense, ultimately revealing how the syndrome's logic actually harms those it is trying to protect. A persuasive account of how constitutional freedom and individual justice can be threatened by current legal standards, this thorough yet accessible work presents a dramatic rethinking of the criminal justice system.

"More Than Victims is a powerful step in the right direction. Women as well as men need to be protected from violence, and women, in particular, require better understanding of their sometimes oppressive situations. But they also need to be able to participate fully in the discourse of politics and citizenship. Downs offers a solution that helps to make both possible."—Teresa Godwin Phelps, Review of Politics

"Downs has written an important book on a subject that deserves more of our attention."— Susan Mezey, Law and Politics Book Review

"Comprehensive and compelling. [Downs] demonstrates a masterful grasp of the complex legal and philosophical issues implicated in domestic violence cases."—Annette DeMichele, New York Law Journal
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The Most Activist Supreme Court in History
The Road to Modern Judicial Conservatism
Thomas M. Keck
University of Chicago Press, 2004
When conservatives took control of the federal judiciary in the 1980s, it was widely assumed that they would reverse the landmark rights-protecting precedents set by the Warren Court and replace them with a broad commitment to judicial restraint. Instead, the Supreme Court under Chief Justice William Rehnquist has reaffirmed most of those liberal decisions while creating its own brand of conservative judicial activism.

Ranging from 1937 to the present, The Most Activist Supreme Court in History traces the legal and political forces that have shaped the modern Court. Thomas M. Keck argues that the tensions within modern conservatism have produced a court that exercises its own power quite actively, on behalf of both liberal and conservative ends. Despite the long-standing conservative commitment to restraint, the justices of the Rehnquist Court have stepped in to settle divisive political conflicts over abortion, affirmative action, gay rights, presidential elections, and much more. Keck focuses in particular on the role of Justices O'Connor and Kennedy, whose deciding votes have shaped this uncharacteristically activist Court.
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Mountains Without Handrails
Reflections on the National Parks
Joseph L. Sax
University of Michigan Press, 2018

Beloved by academic and general readers alike, Mountains Without Handrails, Joseph L. Sax’s thought-provoking treatise on America’s national parks, remains as relevant today as when first published in 1980. Focusing on the long-standing and bitter battles over recreational use of our parklands, Sax proposes a novel scheme for the protection and management of America's national parks. Drawing upon still controversial disputes—Yosemite National Park, the Colorado River in the Grand Canyon, and the Disney plan for California's Mineral King Valley—Sax boldly unites the rich and diverse tradition of nature writing into a coherent thesis that speaks directly to the dilemma of the parks.

In a new foreword, environmental law scholar Holly Doremus articulates this book’s enduring importance and reflects on what Sax, her former teacher, might have thought about the encroachment of technology into natural spaces, the impact of social media, and growing threats from climate change. At this moment of great uncertainty for the national parks, Mountains Without Handrails should be read (and re-read) by anyone with a stake in America’s natural spaces.

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Mountains Without Handrails
Reflections on the National Parks
Joseph L. Sax
University of Michigan Press, 1980

Focusing on the long-standing and bitter battles over recreational use of our national parklands, Joseph L. Sax proposes a novel scheme for the protection and management of America's national parks. Drawing upon the most controversial disputes of recent years---Yosemite National Park, the Colorado River in the Grand Canyon, and the Disney plan for California's Mineral King Valley---Sax boldly unites the rich and diverse tradition of nature writing into a coherent thesis that speaks directly to the dilemma of the parks.

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Movies, Censorship, and the Law
Ira H. Carmen
University of Michigan Press, 1966
Who decides what movies we should see? In some of the nation's largest cities motion pictures are screened by review boards meeting in secret. Their files are seldom open to inspection, and they often wield a nearly absolute power over what the public is shown. This is the story of motion-picture censorship in America. It begins in 1915 when the Supreme Court denied freedom of the press to movies. In a fast-moving account of court cases and behind-the-scenes skirmishes, Ira Carmen follows the history of movie censorship to the present day. He shows how very recent court decisions reflect new thinking on censorship and the nature of obscenity. Today, forty-seven states and countless cities and towns have obscenity laws on their statute books. Are the censors stout guardians of the public morality . . . or witch-hunters? In a series of dramatic interviews with film censors in major cities, Carmen captures the flavor of the struggle between censor and exhibitor. The interviews reveal how censors think—what kinds of films they suppress and for what reasons, how they feel about foreign films as opposed to American, how they are influenced by court decisions, and how well they abide by those decisions. This pioneering book reveals what effect court decisions really have at the grassroots level. It examines the role of the constitution in the censorship debate and asks how effective the American political and judicial systems have been in coping with the problem. Finally, it offers a challenging analysis of what kind of censorship, if any, is needed in a free society.
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Mr. Justice Black and His Critics
Tinsley E. Yarbrough
Duke University Press, 1988
Many jurists give lip service to the idea that judicial interpretation of constitutional provisions should be based on the intent of the framers. Few, if any, have been as faithful to that conception as Hugo Black. As U.S. senator from Alabama, Black was a vigorous critic of the Supreme Court's use of the Constitution as a weapon against the Roosevelt New Deal. Once on the court he played a leading role in overturning those decisions and in attempting to establish for freedom of speech and other guarantees the interpretation he (and others) believe was warranted by the language and intent of the framers.
Late in his career, however, Black's commitment to literalism and intent led him to assume apparently conservative positions in civil liberties cases. In an era characterized by growing acceptance of the belief that judges should adapt the Constitution to changing social and ethical perceptions, many came to regard Black's position as unrealistic and irrelevant.
Tinsley E. Yarbrough analyzes Black's judicial and constitutional philosophy, as well as his approach to specific cases, through the eyes of Black's critics (such as Justices Frankfurter and Harlan) and through an assessment of scholarly opinion of his jurisprudence. The result is a stimulating and provocative addition to the study of Justice Black and the Supreme Court.
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"Mr. Taxpayer versus Mr. Tax Spender"
Taxpayers' Associations, Pocketbook Politics, and the Law during the Great Depression
Linda Upham-Bornstein
Temple University Press, 2023
During the Great Depression, the proliferation of local taxpayers’ associations was dramatic and unprecedented. The justly concerned members of these organizations examined the operations of state, city, and county governments, then pressed local officials for operational and fiscal reforms. These associations aimed to reduce the cost of state and local governments to make operations more efficient and less expensive. 
 
“Mr. Taxpayer versus Mr. Tax Spender” presents a comprehensive overview of these grassroots taxpayers’ leagues beginning in the 1860s and shows how they evolved during their heyday in the 1930s. Linda Upham-Bornstein chronicles the ways these taxpayers associations organized as well as the tools they used—constructive economy, political efforts, tax strikes, and tax revolt through litigation—to achieve their objectives.
 
Taxpayer activity was a direct consequence of—and a response to—the economic crisis of the Great Depression and the expansion of the size and scope of government. “Mr. Taxpayer versus Mr. Tax Spender” connects collective tax resistance in the 1930s to the populist tradition in American politics and to other broad impulses in American political and legal history.
 
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Mrs. Shipley's Ghost
The Right to Travel and Terrorist Watchlists
Jeffrey Kahn
University of Michigan Press, 2014

Today, when a single person can turn an airplane into a guided missile, no one objects to rigorous security before flying. But can the state simply declare some people too dangerous to travel, ever and anywhere? Does the Constitution protect a fundamental right to travel? Should the mode of travel (car, plane, or boat) or itinerary (domestic or international) make a constitutional difference? This book explores the legal and policy questions raised by government travel restrictions, from passports and rubber stamps to computerized terrorist watchlists.

In tracing the history and scope of U.S. travel regulations, Jeffrey Kahn begins with the fascinating story of Mrs. Ruth Shipley, a federal employee who almost single-handedly controlled access to passports during the Cold War. Kahn questions how far national security policies should go and whether the government should be able to declare some individuals simply too dangerous to travel. An expert on constitutional law, Kahn argues that U.S. citizens’ freedom to leave the country and return is a fundamental right, protected by the Constitution.

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Mu, 49 Marks of Abolition
Sora Y. Han
Duke University Press, 2024
In March 2020, Sora Y. Han learned her father was dying of cancer just as the COVID-19 pandemic arrived on California's shores. These two events led Han to introspection: “Who have I been writing to?” and “Who have I been writing for?” In her observance of the 49 days of mourning in Buddhist tradition, answers come in the form of muno thing, nothingness. Han’s poetic meditations on freedom struggle come alive in the empty spaces between words, letters, and pictograms spanning her many languages—English, Korean, Chinese, jazz, law, and poetry. Transliterating and dystranslating the writings of Fred Moten, Theresa Hak Kyung Cha, Jacques Lacan, Frantz Fanon, and others through the Korean alphabet, Han weaves the DMZ, Betty’s Case, the Thirteenth Amendment, Afro-pessimism, and psychoanalytic desire together into the open field of Bay Area radicalism. Mu is both a loving homage to and a playful subversion of political inheritances and the unsayable beyond law.
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Multiple InJustices
Indigenous Women, Law, and Political Struggle in Latin America
R. Aída Hernández Castillo
University of Arizona Press, 2016
The last two decades have witnessed two political transformations that have deeply affected the lives of the indigenous peoples of Latin America. First, a discourse on indigeneity has emerged that links local struggles across the continent with transnational movements whose core issues are racism and political and cultural rights. Second, recent constitutional reforms in several countries recognize the multicultural character of Latin American countries and the legal pluralism that necessarily follows.

Multiple InJustices synthesizes R. Aída Hernández Castillo’s twenty-four years of activism and research among indigenous women’s organizations in Latin America. As both feminist and critical anthropologist, Hernández Castillo analyzes the context of legal pluralism wherein the indigenous women of Mexico, Guatemala, and Colombia struggle for justice. Through ethnographical research in community, state, and international justice, she reflects on the possibilities and limitations of customary, national, and international law for indigenous women.

Colonialism, racism, and patriarchal violence have been fundamental elements for the reproduction of capitalism, Hernández Castillo asserts. Only a social policy that offers economic alternatives based on distribution of wealth and a real recognition of cultural and political rights of indigenous peoples can counter the damage of outside forces such as drug cartels on indigenous lands.

She concludes that the theories of indigenous women on culture, tradition, and gender equity—as expressed in political documents, event reports, public discourse, and their intellectual writings—are key factors in the decolonization of Latin American feminisms and social justice for all.
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Murder and Its Consequences
Essays on Capital Punishment in America
Leigh B Bienen
Northwestern University Press, 2010

The essays in Murder and Its Consequences span several periods in the history of capital punishment in America and the professional career of Leigh Bienen, a leading researcher on the death penalty. “A Good Murder” describes the subtle relationship between high-profile murders and the death penalty, while “The Proportionality Review of Capital Cases” places the well-known study of proportionality in New Jersey within a nationwide context.

“Anomalies” suggests that the arcane protocols written for lethal injection have little to do with insuring humane executions, but rather are concerned with protecting the sensibilities of witnesses and the liability of corrections officials. Other essays address the groundbreaking developments surrounding the death penalty in Illinois, and take a retrospective look at the evolution of her own and the country’s thinking about this complex, divisive topic.

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Murder and the Death Penalty in Massachusetts
Alan Rogers
University of Massachusetts Press, 2008
For more than 300 years Massachusetts executed men and women convicted of murder, but with a sharp eye on "due proceeding" and against the backdrop of popular ambivalence about the death penalty's morality, cruelty, efficacy, and constitutionality. In this authoritative book, Alan Rogers offers a comprehensive account of how the efforts of reformers and abolitionists and the Supreme Judicial Court's commitment to the rule of law ultimately converged to end the death penalty in Massachusetts.

In the seventeenth century, Governor John Winthrop and the Massachusetts General Court understood murder to be a sin and a threat to the colony's well-being, but the Puritans also drastically reduced the crimes for which death was the prescribed penalty and expanded a capital defendant's rights. Following the Revolution, Americans denounced the death penalty as "British and brutish" and the state's Supreme Judicial Court embraced its role as protector of the rights extended to all men by the Massachusetts Constitution. In the 1830s popular opposition nearly stopped the machinery of death and a vote in the Massachusetts House fell just short of abolishing capital punishment.

A post–Civil War effort extending civil rights to all men also stimulated significant changes in criminal procedure. A "monster petition" begging the governor to spare the life of a murderer convicted on slight circumstantial evidence and the grim prospect of executing nine Chinese men found guilty of murder fueled a passionate debate about the death penalty in the decade before World War I.

The trials and executions of Sacco and Vanzetti focused unwanted international and national attention on Massachusetts. This was a turning point. Sara Ehrmann took charge of the newly formed Massachusetts Council Against the Death Penalty, relentlessly lobbied the legislature, and convinced a string of governors not to sign death warrants. In the 1970s the focus shifted to the courts, and eventually, in 1980, the Supreme Judicial Court abolished the death penalty on the grounds that it violated the Massachusetts Constitution.
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Murder, Courts, and the Press
Issues in Free Press/Fair Trial
Peter E. Kane. Foreword by Franklyn S. Haiman
Southern Illinois University Press, 1992

When murder is the crime, the clash in the courts is likely to be between two constitutionally enshrined rights—freedom of speech and the right to a fair trial.

Peter E. Kane shows what happened in seven famous court cases when First Amendment rights (concerning freedom of speech) conflicted with Sixth Amendment rights (concerning fair trial). He reports the circumstances of each crime, the court proceedings, and the conduct of the press in the trials of Sam Sheppard, Charles Manson and his followers, John Paul Stevenson, Claus von Bülow, and Arthur Shawcross and the cases involving the Kellie family and the Wayne Clapp murders. Kane’s narrative and analytical approach illuminates legal principles and shows the roles of actual human beings underlying the abstractions of court opinions.

In this revised and expanded edition, Kane considers two new topics stemming from recent court cases: cameras in the courtroom and a code of ethics for crime reporting. Kane explores the issue of cameras through the famous Claus von Bülow retrial, which featured live television broadcasts; regarding a journalistic code, Kane examines the massive pretrial reporting of the serial murders of Arthur Shawcross. Kane notes that sensational crime stories serve the interests of many people: the public wants to read them; journalists want to write them because they can make a reporter’s fortune and reputation; and editors and publishers want to sell papers. The sensational crime story serves everyone’s purpose except that of the accused.

In addition to exploring journalistic ethics and the proper procedures for trial judges in guaranteeing a fair trial, these cases also provide an introduction to the operation of the courts in criminal justice. "The trial court is the arena in which the conflicts between a free press and a fair trial are played out," Kane writes. "This play is described here as are the subsequent evaluations of that play by the appellate courts. Thus the legal process is considered from its beginning with the original crime to the final resolution of the case in the United States Supreme Court."

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The Murder of Joe White
Ojibwe Leadership and Colonialism in Wisconsin
Erik M. Redix
Michigan State University Press, 2014
In 1894 Wisconsin game wardens Horace Martin and Josiah Hicks were dispatched to arrest Joe White, an Ojibwe ogimaa (chief), for hunting deer out of season and off-reservation. Martin and Hicks found White and made an effort to arrest him. When White showed reluctance to go with the wardens, they started beating him; he attempted to flee, and the wardens shot him in the back, fatally wounding him. Both Martin and Hicks were charged with manslaughter in local county court, and they were tried by an all-white jury. A gripping historical study, The Murder of Joe White contextualizes this event within decades of struggle of White’s community at Rice Lake to resist removal to the Lac Courte Oreilles Reservation, created in 1854 at the Treaty of La Pointe. While many studies portray American colonialism as defined by federal policy, The Murder of Joe White seeks a much broader understanding of colonialism, including the complex role of state and local governments as well as corporations. All of these facets of American colonialism shaped the events that led to the death of Joe White and the struggle of the Ojibwe to resist removal to the reservation.
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Murder Was Not a Crime
Homicide and Power in the Roman Republic
By Judy E. Gaughan
University of Texas Press, 2009

Embarking on a unique study of Roman criminal law, Judy Gaughan has developed a novel understanding of the nature of social and political power dynamics in republican government. Revealing the significant relationship between political power and attitudes toward homicide in the Roman republic, Murder Was Not a Crime describes a legal system through which families (rather than the government) were given the power to mete out punishment for murder.

With implications that could modify the most fundamental beliefs about the Roman republic, Gaughan's research maintains that Roman criminal law did not contain a specific enactment against murder, although it had done so prior to the overthrow of the monarchy. While kings felt an imperative to hold monopoly over the power to kill, Gaughan argues, the republic phase ushered in a form of decentralized government that did not see itself as vulnerable to challenge by an act of murder. And the power possessed by individual families ensured that the government would not attain the responsibility for punishing homicidal violence.

Drawing on surviving Roman laws and literary sources, Murder Was Not a Crime also explores the dictator Sulla's "murder law," arguing that it lacked any government concept of murder and was instead simply a collection of earlier statutes repressing poisoning, arson, and the carrying of weapons. Reinterpreting a spectrum of scenarios, Gaughan makes new distinctions between the paternal head of household and his power over life and death, versus the power of consuls and praetors to command and kill.

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A Muslim Primer
A Beginner's Guide to Islam
Ira G. Zepp
University of Arkansas Press, 2000

A Muslim Primer covers the basic beliefs of Islam and provides an informative source for both lay and professional readers. First published in 1992, it has proven to be a valuable handbook for all attempting to better understand the tenets of the religion of a major portion of the world’s population. The reader is introduced to the authority of the Quran, the prophethood of Muhammad, the Wisdom of the Law, the Five Pillars of Islam, and to other fundamental principles of the religion. Distinctions are made between Sunni and Shiite traditions and the Sufi mystical dimension of Islam.

Well organized, visually appealing, and accurate, A Muslim Primer is useful to pre-collegiate and collegiate students of Islam, church and community study groups, and travelers, both tourists and business people.

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Muslims in Kenyan Politics
Political Involvement, Marginalization, and Minority Status
Hassan J. Ndzovu
Northwestern University Press, 2014
Muslims in Kenyan Politics explores the changing relationship between Muslims and the state in Kenya from precolonial times to the present, culminating in the radicalization of a section of the Muslim population in recent decades. The politicization of Islam in Kenya is deeply connected with the sense of marginalization that shapes Muslims’ understanding of Kenyan politics and government policies.

Kenya’s Muslim population comprises ethnic Arabs, Indians, and black Africans, and its status has varied historically. Under British rule, an imposed racial hierarchy affected Muslims particularly, thwarting the development of a united political voice. Drawing on a broad range of interviews and historical research, Ndzovu presents a nuanced picture of political associations during the postcolonial period and explores the role of Kenyan Muslims as political actors.

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Muslims Talking Politics
Framing Islam, Democracy, and Law in Northern Nigeria
Brandon Kendhammer
University of Chicago Press, 2016
For generations Islamic and Western intellectuals and policymakers have debated Islam’s compatibility with democratic government, usually with few solid conclusions. But where—Brandon Kendhammer asks in this book—have the voices of ordinary, working-class Muslims been in this conversation? Doesn’t the fate of democracy rest in their hands? Visiting with community members in northern Nigeria, he tells the complex story of the stunning return of democracy to a country that has also embraced Shariah law and endured the radical religious terrorism of Boko Haram.
           
Kendhammer argues that despite Nigeria’s struggles with jihadist insurgency, its recent history is really one of tenuous and fragile reconciliation between mass democratic aspirations and concerted popular efforts to preserve Islamic values in government and law. Combining an innovative analysis of Nigeria’s Islamic and political history with visits to the living rooms of working families, he sketches how this reconciliation has been constructed in the conversations, debates, and everyday experiences of Nigerian Muslims. In doing so, he uncovers valuable new lessons—ones rooted in the real politics of ordinary life—for how democracy might work alongside the legal recognition of Islamic values, a question that extends far beyond Nigeria and into the Muslim world at large. 
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The Mysterious Science of the Law
An Essay on Blackstone's Commentaries
Daniel J. Boorstin
University of Chicago Press, 1996
Referred to as the "bible of American lawyers," Blackstone's Commentaries on the Laws of England shaped the principles of law in both England and America when its first volume appeared in 1765. For the next century that law remained what Blackstone made of it. Daniel J. Boorstin examines why Commentaries became the most essential knowledge that any lawyer needed to acquire. Set against the intellectual values of the eighteenth century-and the notions of Reason, Nature, and the Sublime—Commentaries is at last fitted into its social setting. Boorstin has provided a concise intellectual history of the time, illustrating all the elegance, social values, and internal contradictions of the Age of Reason.
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The Myth of the Litigious Society
Why We Don't Sue
David M. Engel
University of Chicago Press, 2016
Why do Americans seem to sue at the slightest provocation? The answer may surprise you: we don’t! For every “Whiplash Charlie” who sees a car accident as a chance to make millions, for every McDonald’s customer to pursue a claim over a too-hot cup of coffee, many more Americans suffer injuries but make no claims against those responsible or their insurance companies. The question is not why Americans sue but why we don’t sue more often, and the answer can be found in how we think about injury and personal responsibility.
           
With this book, David M. Engel demolishes the myth that America is a litigious society. The sobering reality is that the vast majority of injury victims—more than nine out of ten—rely on their own resources, family and friends, and government programs to cover their losses. When real people experience serious injuries, they don’t respond as rational actors. Trauma and pain disrupt their thoughts, and potential claims are discouraged by negative stereotypes that pervade American television and popular culture. (Think Saul Goodman in Breaking Bad, who keeps a box of neck braces in his office to help clients exaggerate their injuries.) Cultural norms make preventable injuries appear inevitable—or the victim’s fault. We’re taught to accept setbacks stoically and not blame someone else. But this tendency to “lump it” doesn’t just hurt the victims; it hurts us all. As politicians continue to push reforms that miss the real problem, we risk losing these claims as a way to quickly identify unsafe products and practices. Because injuries disproportionately fall on people with fewer resources, the existing framework creates a social underclass whose needs must be met by government programs all citizens shoulder while shielding those who cause the harm.

It’s time for America to have a more responsible, blame-free discussion about injuries and the law. With The Myth of the Litigious Society, Engel takes readers clearly and powerfully through what we really know about injury victims and concludes with recommendations for how we might improve the situation.
 
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