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Pack the Court!
A Defense of Supreme Court Expansion
Stephen M. Feldman
Temple University Press, 2021

The United States Supreme Court has numbered nine justices for the past 150 years. But that number is not fixed. With the Democrats controlling the House and Senate during the Biden presidency, they could add justices to the Supreme Court. But would court packing destroy the Court as an apolitical judicial institution? This is the crucial question Stephen Feldman addresses in his provocative book, Pack the Court! He uses a historical, analytical, and political argument to justify court-packing in general and Democratic court-packing more specifically.

Republicans and Democrats alike profess to worry that court-packing will destroy the legitimacy of the Supreme Court as a judicial institution by injecting politics into a purely legal adjudicative process. But as Feldman’s insightful book shows, law and politics are forever connected in judicial interpretation and decision making. Pack the Court! insists that court packing is not the threat to the Supreme Court’s institutional legitimacy that many fear. Given this, Feldman argues that Democrats should pack the Court while they have the opportunity. Doing so might even strengthen the American people’s faith in the Court.

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Pain, Death, and the Law
Austin Sarat, Editor
University of Michigan Press, 2001
This collection of essays examines the relationship between pain, death, and the law and addresses the question of how the law constructs pain and death as jurisprudential facts. The empirical focus of these essays enables the reader to delve into both the history and the theoretical complexities of the pain-death-law relationship. The combination of the theoretical and the empirical broadens the contribution this volume will undoubtedly make to debates in which the right to live or die is the core issue at hand.
This volume will be an important read for policy makers and legal practitioners and a valuable text for courses in law, the social sciences, and the humanities.
Austin Sarat is William Nelson Cromwell Professor of Jurisprudence and Political Science, Amherst College.
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Pakistan’s Blasphemy Laws
From Islamic Empires to the Taliban
By Shemeem Burney Abbas
University of Texas Press, 2013

Under the guise of Islamic law, the prophet Muhammad’s Islam, and the Qur’an, states such as Pakistan, Afghanistan, Egypt, Saudi Arabia, and Bangladesh are using blasphemy laws to suppress freedom of speech. Yet the Prophet never tried or executed anyone for blasphemy, nor does the Qur’an authorize the practice. Asserting that blasphemy laws are neither Islamic nor Qur‘anic, Shemeem Burney Abbas traces the evolution of these laws from the Islamic empires that followed the death of the Prophet Muhammad to the present-day Taliban. Her pathfinding study on the shari’a and gender demonstrates that Pakistan’s blasphemy laws are the inventions of a military state that manipulates discourse in the name of Islam to exclude minorities, women, free thinkers, and even children from the rights of citizenship.

Abbas herself was persecuted under Pakistan’s blasphemy laws, so she writes from both personal experience and years of scholarly study. Her analysis exposes the questionable motives behind Pakistan’s blasphemy laws, which were resurrected during General Zia-ul-Haq’s regime of 1977–1988—motives that encompassed gaining geopolitical control of the region, including Afghanistan, in order to weaken the Soviet Union. Abbas argues that these laws created a state-sponsored “infidel” ideology that now affects global security as militant groups such as the Taliban justify violence against all “infidels” who do not subscribe to their interpretation of Islam. She builds a strong case for the suspension of Pakistan’s blasphemy laws and for a return to the Prophet’s peaceful vision of social justice.

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Palestinian Lawyers and Israeli Rule
Law and Disorder in the West Bank
By George Emile Bisharat
University of Texas Press, 1989

As frequent intermediaries between Israeli military authorities and Palestinian citizens, Palestinian lawyers stand close to the fault line dividing Israeli and Palestinian societies. The conflicts and tensions they experience in their profession mirror the larger conflicts between the two societies. Thus, as George Bisharat reveals in Palestinian Lawyers and Israeli Rule, a careful study of the work and lives of Palestinian lawyers ultimately helps to illuminate the causes of the intifada, or uprising, that began in December 1987.

The study revolves around the central question of why the Palestinian legal profession declined during twenty years of Israeli occupation when, in other Third World countries, the legal profession has often reached its peak during a period of Western colonization. Bisharat answers this question with a wide-ranging inquiry into the historical origins of the legal profession and court system in Palestine, the tenuous grounding of these institutions in Palestinian society and culture, and the structure, style, and policies of the late-twentieth-century Israeli military government in the West Bank.

For general readers interested in the Palestinian-Israeli conflict, as well as specialists in such fields as legal anthropology, sociology of the professions, Third World law and development, and Middle Eastern studies, Palestinian Lawyers and Israeli Rule will be required reading.

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Paper Families
Identity, Immigration Administration, and Chinese Exclusion
Estelle T. Lau
Duke University Press, 2006
The Chinese Exclusion Act of 1882 made the Chinese the first immigrant group officially excluded from the United States. In Paper Families, Estelle T. Lau demonstrates how exclusion affected Chinese American communities and initiated the development of restrictive U.S. immigration policies and practices. Through the enforcement of the Exclusion Act and subsequent legislation, the U.S. immigration service developed new forms of record keeping and identification practices. Meanwhile, Chinese Americans took advantage of the system’s loophole: children of U.S. citizens were granted automatic eligibility for immigration. The result was an elaborate system of “paper families,” in which U.S. citizens of Chinese descent claimed fictive, or “paper,” children who could then use their kinship status as a basis for entry into the United States. This subterfuge necessitated the creation of “crib sheets” outlining genealogies and providing village maps and other information that could be used during immigration processing.

Drawing on these documents as well as immigration case files, legislative materials, and transcripts of interviews and court proceedings, Lau reveals immigration as an interactive process. Chinese immigrants and their U.S. families were subject to regulation and surveillance, but they also manipulated and thwarted those regulations, forcing the U.S. government to adapt its practices and policies. Lau points out that the Exclusion Acts and the pseudo-familial structures that emerged in response have had lasting effects on Chinese American identity. She concludes with a look at exclusion’s legacy, including the Confession Program of the 1960s that coerced people into divulging the names of paper family members and efforts made by Chinese American communities to recover their lost family histories.

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The Papers of Clarence Mitchell Jr., Volume V
The Struggle to Pass the 1957 Civil Rights Act, 1955–1958
Clarence Mitchell Jr.
Ohio University Press, 2021

Volume V of The Papers of Clarence Mitchell Jr. records the successful effort to pass the 1957 Civil Rights Act: the first federal civil rights legislation since 1875.

Prior to the US Supreme Court’s landmark 1954 decision in Brown v. Board of Education, the NAACP had faced an impenetrable wall of opposition from southerners in Congress. Basing their assertions on the court’s 1896 “separate but equal” decision in Plessy v. Ferguson, legislators from the South maintained that their Jim Crow system was nondiscriminatory and thus constitutional. In their view, further civil rights laws were unnecessary. In ruling that legally mandated segregation of public schools was unconstitutional, the Brown decision demolished the southerners’ argument. Mitchell then launched the decisive stage of the struggle to pass modern civil rights laws.

The passage of the Civil Rights Act of 1957 was the first comprehensive lobbying campaign by an organization dedicated to that purpose since Reconstruction. Coming on the heels of the Brown decision, the 1957 law was a turning point in the struggle to accord Black citizens full equality under the Constitution. The act’s passage, however, was nearly derailed in the Senate by southern opposition and Senator Strom Thurmond’s record-setting filibuster, which lasted more than twenty-four hours. Congress later weakened several provisions of the act but—crucially—it broke a psychological barrier to the legislative enactment of such measures.

The Papers of Clarence Mitchell Jr. is a detailed record of the NAACP leader’s success in bringing the legislative branch together with the judicial and executive branches to provide civil rights protections during the twentieth century.

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The Papers of Clarence Mitchell Jr., Volume VI
The Struggle to Pass the 1960 Civil Rights Act, 1959–1960
Clarence Mitchell Jr.
Ohio University Press, 2021

The Civil Rights Act of 1960 aimed to close loopholes in its 1957 predecessor that had allowed continued voter disenfranchisement for African Americans and for Mexicans in Texas.

In early 1959, the newly seated Eighty-Sixth Congress had four major civil rights bills under consideration. Eventually consolidated into the 1960 Civil Rights Act, their purpose was to correct the weaknesses in the 1957 law. Mitchell’s papers from 1959 to 1960 show the extent to which congressional resistance to the passage of meaningful civil rights laws contributed to the lunch counter sit-ins in Greensboro, North Carolina, and to subsequent demonstrations. The papers reveal how the repercussions of these events affected the NAACP’s work in Washington and how, despite their dislike of demonstrations, NAACP officials used them to intensify the civil rights struggle.

Among the act’s seven titles were provisions authorizing federal inspection of local voter registration rolls and penalties for anyone attempting to interfere with voters on the basis of race or color. The law extended the powers of the US Commission on Civil Rights and broadened the legal definition of the verb to vote to encompass all elements of the process: registering, casting a ballot, and properly counting that ballot. Ultimately, Mitchell considered the 1960 act unsuccessful because Congress had failed to include key amendments that would have further strengthened the 1957 act. In the House, representatives used parliamentary tactics to stall employment protections, school desegregation, poll-tax elimination, and other meaningful civil rights reforms. The fight would continue.

The Papers of Clarence Mitchell Jr. series is a detailed record of the NAACP leader’s success in bringing the legislative branch together with the judicial and executive branches to provide civil rights protections during the twentieth century.

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Parchment, Paper, Pixels
Law and the Technologies of Communication
Peter M. Tiersma
University of Chicago Press, 2010

Technological revolutions have had an unquestionable, if still debatable, impact on culture and society—perhaps none more so than the written word. In the legal realm, the rise of literacy and print culture made possible the governing of large empires, the memorializing of private legal transactions, and the broad distribution of judicial precedents and legislation. Yet each of these technologies has its shadow side: written or printed texts easily become static and the textual practices of the legal profession can frustrate ordinary citizens, who may be bound by documents whose implications they scarcely understand.

Parchment, Paper, Pixels offers an engaging exploration of the impact of three technological revolutions on the law.  Beginning with the invention of writing, continuing with the mass production of identical copies of legal texts brought about by the printing press, and ending with a discussion of computers and the Internet, Peter M. Tiersma traces the journey of contracts, wills, statutes, judicial opinions, and other legal texts through the past and into the future.

Though the ultimate effects of modern technologies on our legal system remain to be seen, Parchment, Paper, Pixels offers readers an insightful guide as to how our shifting forms of technological literacy have shaped and continue to shape the practice of law today.

 

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The Parisian Order of Barristers and the French Revolution
Michael P. Fitzsimmons
Harvard University Press, 1987

Did barristers as a professional group support the French Revolution, or were they most often “in flight from politics”? A close inquiry into the Order of Barristers at Paris—the largest and most important in France, with over six hundred members in 1789—reveals that the vast majority within the Order did not support the Revolution. Unsympathetic to the ideal of the nation asserted by the National Assembly, most members of the Order instead remained loyal to the traditional corporate paradigm that the National Assembly had specifically repudiated. Dismayed by the abolition of their Order, they were disillusioned with the Revolution even before the advent of the Terror, which, along with the arbitrariness of the Directory, deepened their disaffection. The manner in which Bonaparte ultimately restored the Order in 1811 completed their alienation from the Revolution and, as a result, they warmly welcomed the return of the Bourbons in 1814.

This investigation not only revises what historians have long thought of the attitude of barristers toward the French Revolution, but also offers insights into the corporate character of Old Regime society and how the Revolution affected it. Fitzsimmons’s study suggests that many propertied commoners during the Revolution were not politically engaged, that they were not necessarily associated with a party or cause simply because of their place within a set of social relationships. Most of the barristers to the Parlement simply reacted timidly to events and yearned for an ideal that was irretrievably lost, tending to view the Revolution more in terms of an end than of a beginning.

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Parodies of Ownership
Hip-Hop Aesthetics and Intellectual Property Law
Richard L. Schur
University of Michigan Press, 2009

"Richard Schur offers a provocative view of contemporary African American cultural politics and the relationship between African American cultural production and intellectual property law."
---Mark Anthony Neal, Duke University

"Whites used to own blacks. Now, they accomplish much the same thing by insisting that they 'own' ownership. Blacks shouldn't let them. A culture that makes all artists play by its rules will end up controlling new ideas and stifling change. Richard Schur's fine book explains why."
---Richard Delgado, Seattle University

What is the relationship between hip-hop and African American culture in the post--Civil Rights era? Does hip-hop share a criticism of American culture or stand as an isolated and unique phenomenon? How have African American texts responded to the increasing role intellectual property law plays in regulating images, sounds, words, and logos? Parodies of Ownership examines how contemporary African American writers, artists, and musicians have developed an artistic form that Schur terms "hip-hop aesthetics." This book offers an in-depth examination of a wide range of contemporary African American painters and writers, including Anna Deavere Smith, Toni Morrison, Adrian Piper, Colson Whitehead, Michael Ray Charles, Alice Randall, and Fred Wilson. Their absence from conversations about African American culture has caused a misunderstanding about the nature of contemporary cultural issues and resulted in neglect of their innovative responses to the post--Civil Rights era. By considering their work as a cross-disciplinary and specifically African American cultural movement, Schur shows how a new paradigm for artistic creation has developed.

Parodies of Ownership offers a broad analysis of post--Civil Rights era culture and provides the necessary context for understanding contemporary debates within American studies, African American studies, intellectual property law, African American literature, art history, and hip-hop studies. Weaving together law, literature, art, and music, Schur deftly clarifies the conceptual issues that unify contemporary African American culture, empowering this generation of artists, writers, and musicians to criticize how racism continues to affect our country.

Richard L. Schur is Director, Interdisciplinary Studies Center, and Associate Professor of Interdisciplinary Studies at Drury University. Visit the author's website: http://www2.drury.edu/rschur/index.htm.

Cover illustration: Atlas, by Fred Wilson. © Fred Wilson, courtesy Pace Wildenstein, New York.
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The Partial Constitution
Cass R. Sunstein
Harvard University Press, 1993

American constitutional law is at a crossroads. In a major new interpretation of the Constitution, Cass Sunstein offers a clear account of our present dilemmas and shows where we might go from here.

As it is currently interpreted, the Constitution is partial, Sunstein asserts. It is, first of all, biased. Contemporary constitutional law treats the status quo as neutral and just, and any departure as necessarily partisan. But when the status quo is neither neutral nor just, Sunstein argues, reasoning of this sort produces injustice. The Constitution is also partial in another sense: its meaning has come to be identified solely with the decisions of the Supreme Court. This was not always the case, as Sunstein demonstrates; nor was it the intention of the country's founders. Instead, the Constitution often served as a catalyst for public deliberation about its general terms and aspirations--and Sunstein makes a strong case for reviving this broader understanding of the Constitution's role.

In light of this analysis, Sunstein proposes solutions to some of the most hotly disputed issues of our time, including affirmative action, sex discrimination, pornography, "hate speech," and government funding of religious schools and the arts. In an especially striking argument, he claims that theequal protection clause of the Fourteenth Amendment--not the right to privacy--protects a woman's right to choose abortion. Sunstein connects these and other debates to the Constitution's historic commitment to public deliberation among political equalsand in doing so, he reconceives many of our most basic constitutional rights, such as free speech and equality under law. He urges that public deliberation about the meaning of the Constitution in turn be freed from a principle of neutrality based on the status quo. His work points to a historically sound but fundamentally new understanding of the American constitutional process as an exercise in deliberative democracy.

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The Patent Crisis and How the Courts Can Solve It
Dan L. Burk and Mark A. Lemley
University of Chicago Press, 2009

Patent law is crucial to encourage technological innovation. But as the patent system currently stands, diverse industries from pharmaceuticals to software to semiconductors are all governed by the same rules even though they innovate very differently. The result is a crisis in the patent system, where patents calibrated to the needs of prescription drugs wreak havoc on information technologies and vice versa. According to Dan L. Burk and Mark A. Lemley in The Patent Crisis and How the Courts Can Solve It, courts should use the tools the patent system already gives them to treat patents in different industries differently. Industry tailoring is the only way to provide an appropriate level of incentive for each industry.

Burk and Lemley illustrate the barriers to innovation created by the catch-all standards in the current system. Legal tools already present in the patent statute, they contend, offer a solution—courts can tailor patent law, through interpretations and applications, to suit the needs of various types of businesses. The Patent Crisis and How the Courts Can Solve It will be essential reading for those seeking to understand the nexus of economics, business, and law in the twenty-first century.

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Patent Politics
Life Forms, Markets, and the Public Interest in the United States and Europe
Shobita Parthasarathy
University of Chicago Press, 2017
Over the past thirty years, the world’s patent systems have experienced pressure from civil society like never before. From farmers to patient advocates, new voices are arguing that patents impact public health, economic inequality, morality—and democracy. These challenges, to domains that we usually consider technical and legal, may seem surprising. But in Patent Politics, Shobita Parthasarathy argues that patent systems have always been deeply political and social.
 
To demonstrate this, Parthasarathy takes readers through a particularly fierce and prolonged set of controversies over patents on life forms linked to important advances in biology and agriculture and potentially life-saving medicines. Comparing battles over patents on animals, human embryonic stem cells, human genes, and plants in the United States and Europe, she shows how political culture, ideology, and history shape patent system politics. Clashes over whose voices and which values matter in the patent system, as well as what counts as knowledge and whose expertise is important, look quite different in these two places. And through these debates, the United States and Europe are developing very different approaches to patent and innovation governance. Not just the first comprehensive look at the controversies swirling around biotechnology patents, Patent Politics is also the first in-depth analysis of the political underpinnings and implications of modern patent systems, and provides a timely analysis of how we can reform these systems around the world to maximize the public interest.
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Patents for Power
Intellectual Property Law and the Diffusion of Military Technology
Robert M. Farley and Davida H. Isaacs
University of Chicago Press, 2020
In an era when knowledge can travel with astonishing speed, the need for analysis of intellectual property (IP) law—and its focus on patents, trade secrets, trademarks, and issues of copyright—has never been greater. But as Robert M. Farley and Davida H. Isaacs stress in Patents for Power, we have long overlooked critical ties between IP law and one area of worldwide concern: military technology. This deft blend of case studies, theoretical analyses, and policy advice reveals the fundamental role of IP law in shaping how states create and transmit defense equipment and weaponry.
 
The book probes two major issues: the effect of IP law on innovation itself and the effect of IP law on the international diffusion, or sharing, of technology. Discussing a range of inventions, from the AK-47 rifle to the B-29 Superfortress bomber to the MQ-1 Predator drone, the authors show how IP systems (or their lack) have impacted domestic and international relations across a number of countries, including the United States, Russia, China, and South Korea. The study finds, among other results, that while the open nature of the IP system may encourage industrial espionage like cyberwarfare, increased state uptake of IP law is helping to establish international standards for IP protection. This clear-eyed approach to law and national security is thus essential for anyone interested in history, political science, and legal studies.
 
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Patents, Trademarks, and Related Rights
National and International Protection
Stephen P. Ladas
Harvard University Press, 1975

Lawyers and corporations have a vital interest in the regulation and protection of industrial property—patents, designs, trademarks, trade names, and repression of unfair competition—and in the problems raised by agreements between enterprises, nationally and internationally. Since World War II, there has been increasing ferment for changes in the whole system of industrial property. Pressures have been building up from administrations concerned with the functioning of the patent and trademark system; from private enterprises affected by delays, costs, and insecurities of the system; from developing countries anxious to receive and adapt foreign technology at reasonable cost and without excessive restriction; and from the increasing tendency of antitrust law to curb even legal monopolies in order to ensure free competition.

This major work describes the national and international regime of patents, trademarks, technological know-how, and related rights of industrial property; the conflicting interests and demands for recognition and satisfaction in this field; the international efforts and arrangements achieved for harmonization of law and procedure; the problems involved in the transfer of technology for the technical and economic development of countries pressing for assistance; and the controls established by statutory and decisional law against restriction of competition by the exercise of industrial property rights.

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Pathways in Decentralised Collective Bargaining in Europe
Frank Tros
Amsterdam University Press, 2023
One of the main challenges in labour relations in Europe is the ongoing decentralisation of collective bargaining from national and sectoral levels to company levels. Decentralisation might be an answer to business needs in competitiveness and organisational flexibility. However, it risks erosion of collective bargaining structures, more inequality in employment conditions and fragmentation in trade unions’ powers. Based on recent qualitative research, this book shows high varieties across European countries and economic sectors in degrees, forms and impacts of decentralisation. The authors explore, in interdisciplinary and multi-level perspectives, continuity and change in regulating and practicing collective bargaining in France, Germany, Ireland, Italy, the Netherlands, Poland, Spain and Sweden. In cross-country comparisons, company case studies in manufacturing and retail show the divergent effects of national regimes and social partners’ power resources on trade unions’ strategies and influence in company bargaining.
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Pathways to Indigenous Nation Sovereignty
A Chronicle of Federal Policy Developments
Alan R Parker
Michigan State University Press, 2018
In a story that could only be told by someone who was an insider, this book reveals the background behind major legislative achievements of U.S. Tribal Nations leaders in the 1970s and beyond. American Indian attorney and proud Chippewa Cree Nation citizen Alan R. Parker gives insight into the design and development of the public policy initiatives that led to major changes in the U.S. government’s relationships with Tribal Nations. Here he relates the history of the federal government’s attempts, beginning in 1953 and lasting through 1965, to “terminate” its obligations to tribes that had been written into over 370 Indian treaties in the nineteenth century. When Indian leaders gathered in Chicago in 1961, they developed a common strategy in response to termination that led to a new era of “Indian Self-Determination, not Termination,” as promised by President Nixon in his 1970 message to Congress. Congressional leaders took up Nixon’s challenge and created a new Committee on Indian Affairs. Parker was hired as Chief Counsel to the committee, where he began his work by designing legislation to stop the theft of Indian children from their communities and writing laws to settle long-standing Indian water and land claims based on principles of informed consent to negotiated agreements. A decade later, Parker was called back to the senate to work as staff director to the Committee on Indian Affairs, taking up legislation designed by tribal leaders to wrest control from the Bureau of Indian Affairs over governance on the nation’s 250 Indian reservations and negotiating agreements between the tribes that led to the Indian Gaming Regulatory Act. A valuable educational tool, this text weaves together the ideas and goals of many different American Indian leaders from different tribes and professional backgrounds, and shows how those ideas worked to become the law of the land and transform Indian Country.
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Patriots and Cosmopolitans
Hidden Histories of American Law
John Fabian Witt
Harvard University Press, 2007

Ranging widely from the founding era to Reconstruction, from the making of the modern state to its post-New Deal limits, John Fabian Witt illuminates the legal and constitutional foundations of American nationhood through the little-known stories of five patriots and critics. He shows how law and constitutionalism have powerfully shaped and been shaped by the experience of nationhood at key moments in American history.

Founding Father James Wilson's star-crossed life is testament to the capacity of American nationhood to capture the imagination of those who have lived within its orbit. For South Carolina freedman Elias Hill, the nineteenth-century saga of black citizenship in the United States gave way to a quest for a black nationhood of his own on the West African coast. Greenwich Village radical Crystal Eastman became one of the most articulate critics of American nationhood, advocating world federation and other forms of supranational government and establishing the modern American civil liberties movement. By contrast, the self-conscious patriotism of Dean Roscoe Pound of Harvard Law School and trial lawyer Melvin Belli aimed to stave off what Pound and Belli saw as the dangerous growth of a foreign administrative state.

In their own way, each of these individuals came up against the power of American national institutions to shape and constrain the directions of legal change. Yet their engagements with American nationhood remade the institutions and ideals of the United States even as the national tradition shaped and constrained the course of their lives.

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A Pattern of Violence
How the Law Classifies Crimes and What It Means for Justice
David Alan Sklansky
Harvard University Press, 2021

A law professor and former prosecutor reveals how inconsistent ideas about violence, enshrined in law, are at the root of the problems that plague our entire criminal justice system—from mass incarceration to police brutality.

We take for granted that some crimes are violent and others aren’t. But how do we decide what counts as a violent act? David Alan Sklansky argues that legal notions about violence—its definition, causes, and moral significance—are functions of political choices, not eternal truths. And these choices are central to failures of our criminal justice system.

The common distinction between violent and nonviolent acts, for example, played virtually no role in criminal law before the latter half of the twentieth century. Yet to this day, with more crimes than ever called “violent,” this distinction determines how we judge the seriousness of an offense, as well as the perpetrator’s debt and danger to society. Similarly, criminal law today treats violence as a pathology of individual character. But in other areas of law, including the procedural law that covers police conduct, the situational context of violence carries more weight. The result of these inconsistencies, and of society’s unique fear of violence since the 1960s, has been an application of law that reinforces inequities of race and class, undermining law’s legitimacy.

A Pattern of Violence shows that novel legal philosophies of violence have motivated mass incarceration, blunted efforts to hold police accountable, constrained responses to sexual assault and domestic abuse, pushed juvenile offenders into adult prisons, encouraged toleration of prison violence, and limited responses to mass shootings. Reforming legal notions of violence is therefore an essential step toward justice.

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Pay without Performance
The Unfulfilled Promise of Executive Compensation
Lucian Bebchuk and Jesse Fried
Harvard University Press, 2006

The company is under-performing, its share price is trailing, and the CEO gets...a multi-million-dollar raise. This story is familiar, for good reason: as this book clearly demonstrates, structural flaws in corporate governance have produced widespread distortions in executive pay. Pay without Performance presents a disconcerting portrait of managers' influence over their own pay--and of a governance system that must fundamentally change if firms are to be managed in the interest of shareholders.

Lucian Bebchuk and Jesse Fried demonstrate that corporate boards have persistently failed to negotiate at arm's length with the executives they are meant to oversee. They give a richly detailed account of how pay practices--from option plans to retirement benefits--have decoupled compensation from performance and have camouflaged both the amount and performance-insensitivity of pay. Executives' unwonted influence over their compensation has hurt shareholders by increasing pay levels and, even more importantly, by leading to practices that dilute and distort managers' incentives.

This book identifies basic problems with our current reliance on boards as guardians of shareholder interests. And the solution, the authors argue, is not merely to make these boards more independent of executives as recent reforms attempt to do. Rather, boards should also be made more dependent on shareholders by eliminating the arrangements that entrench directors and insulate them from their shareholders. A powerful critique of executive compensation and corporate governance, Pay without Performance points the way to restoring corporate integrity and improving corporate performance.

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Payback
The Case for Revenge
Thane Rosenbaum
University of Chicago Press, 2013
We call it justice—the assassination of Osama bin Laden, the incarceration of corrupt politicians or financiers like Rod Blagojevich and Bernard Madoff, and the climactic slaying of cinema-screen villains by superheroes. But could we not also call it revenge? We are told that revenge is uncivilized and immoral, an impulse that individuals and societies should actively repress and replace with the order and codes of courtroom justice. What, if anything, distinguishes punishment at the hands of the government from a victim’s individual desire for retribution? Are vengeance and justice really so very different? No, answers legal scholar and novelist Thane Rosenbaum in Payback: The Case for Revenge—revenge is, in fact, indistinguishable from justice. 
 
Revenge, Rosenbaum argues, is not the problem. It is, in fact, a perfectly healthy emotion. Instead, the problem is the inadequacy of lawful outlets through which to express it. He mounts a case for legal systems to punish the guilty commensurate with their crimes as part of a societal moral duty to satisfy the needs of victims to feel avenged. Indeed, the legal system would better serve the public if it gave victims the sense that vengeance was being done on their behalf. Drawing on a wide range of support, from recent studies in behavioral psychology and neuroeconomics, to stories of vengeance and justice denied, to revenge practices from around the world, to the way in which revenge tales have permeated popular culture—including Hamlet, The Godfather, and Braveheart—Rosenbaum demonstrates that vengeance needs to be more openly and honestly discussed and lawfully practiced. 
 
Fiercely argued and highly engaging, Payback is a provocative and eye-opening cultural tour of revenge and its rewards—from Shakespeare to The Sopranos. It liberates revenge from its social stigma and proves that vengeance is indeed ours, a perfectly human and acceptable response to moral injury. Rosenbaum deftly persuades us to reconsider a misunderstood subject and, along the way, reinvigorates the debate on the shape of justice in the modern world.
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Payoffs in the Cloakroom
The Greening of the Michigan Legislature, 1938-1946
Bruce A. Rubenstein
Michigan State University Press, 1995

Payoffs in the Cloakroom is a spellbinding follow-up to Rubenstein and Ziewacz's critically acclaimed Three Bullets Sealed His Lips. Three Bullets brought to life new evidence on the 1945 murder of Michigan Senator Warren Hooper. Payoffs in the Cloakroom takes up where Three Bullets left off, unraveling a complex web of political corruption and dirty state politics. In the process, the authors demonstrate that Senator Hooper was murdered to prevent his grand jury testimony against republican boss Frank McKay, who was facing bribery charges. 
     Making use of actual court proceeding, personal interviews, and newspaper accounts, and even a re-evaluation of police evidence, Rubenstein and Ziewacz tell a story that contains all the ingredients of first-class detective fiction—only in this instance, the story is based on fact. With chapter titles such as "Charlie and His Little Black Book," "I Never Dreamed Murder," and "Them Bones, Them Bones," the authors have, once again, provided a stimulating and absorbing account of one of the darker chapters of Michigan's political history.

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Peace, Preference, and Property
Return Migration after Violent Conflict
Sandra F. Joireman
University of Michigan Press, 2022

Growing numbers of people are displaced by war and violent conflict. In Ukraine, Afghanistan, Ethiopia, Myanmar, Syria, and elsewhere violence pushes civilian populations from their homes and sometimes from their countries, making them refugees. In previous decades, millions of refugees and displaced people returned to their place of origin after conflict or were resettled in countries in the Global North. Now displacements last longer, the number of people returning home is lower, and opportunities for resettlement are shrinking. More and more people spend decades in refugee camps or displaced within their own countries, raising their children away from their home communities and cultures. In this context, international policies encourage return to place of origin.

Using case studies and first-person accounts from interviews and fieldwork in post-conflict settings such as Uganda, Liberia, and Kosovo, Sandra F. Joireman highlights the divergence between these policies and the preferences of conflict-displaced people. Rather than looking from the top down, at the rights that people have in international and domestic law, the perspective of this text is from the ground up—examining individual and household choices after conflict. Some refugees want to go home, some do not want to return, some want to return to their countries of origin but live in a different place, and others are repatriated against their will when they have no other options. Peace, Preference, and Property suggests alternative policies that would provide greater choice for displaced people in terms of property restitution and solutions to displacement.

[more]

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Peaceful Revolution
Constitutional Change and American Culture from Progressivism to the New Deal
Maxwell Bloomfield
Harvard University Press, 2000

Although Americans claim to revere the Constitution, relatively few understand its workings. Its real importance for the average citizen is as an enduring reminder of the moral vision that shaped the nation's founding. Yet scholars have paid little attention to the broader appeal that constitutional idealism has always made to the American imagination through publications and films. Maxwell Bloomfield draws upon such neglected sources to illustrate the way in which media coverage contributes to major constitutional change.

Successive generations have sought to reaffirm a sense of national identity and purpose by appealing to constitutional norms, defined on an official level by law and government. Public support, however, may depend more on messages delivered by the popular media. Muckraking novels, such as Upton Sinclair's The Jungle (1906), debated federal economic regulation. Woman suffrage organizations produced films to counteract the harmful gender stereotypes of early comedies. Arguments over the enforcement of black civil rights in the Civil Rights Cases and Plessy v. Ferguson took on new meaning when dramatized in popular novels.

From the founding to the present, Americans have been taught that even radical changes may be achieved through orderly constitutional procedures. How both elite and marginalized groups in American society reaffirmed and communicated this faith in the first three decades of the twentieth century is the central theme of this book.

[more]

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Peculiar Institution
America's Death Penalty in an Age of Abolition
David Garland
Harvard University Press, 2012

The U.S. death penalty is a peculiar institution, and a uniquely American one. Despite its comprehensive abolition elsewhere in the Western world, capital punishment continues in dozens of American states– a fact that is frequently discussed but rarely understood. The same puzzlement surrounds the peculiar form that American capital punishment now takes, with its uneven application, its seemingly endless delays, and the uncertainty of its ever being carried out in individual cases, none of which seem conducive to effective crime control or criminal justice. In a brilliantly provocative study, David Garland explains this tenacity and shows how death penalty practice has come to bear the distinctive hallmarks of America’s political institutions and cultural conflicts.

America’s radical federalism and local democracy, as well as its legacy of violence and racism, account for our divergence from the rest of the West. Whereas the elites of other nations were able to impose nationwide abolition from above despite public objections, American elites are unable– and unwilling– to end a punishment that has the support of local majorities and a storied place in popular culture.

In the course of hundreds of decisions, federal courts sought to rationalize and civilize an institution that too often resembled a lynching, producing layers of legal process but also delays and reversals. Yet the Supreme Court insists that the issue is to be decided by local political actors and public opinion. So the death penalty continues to respond to popular will, enhancing the power of criminal justice professionals, providing drama for the media, and bringing pleasure to a public audience who consumes its chilling tales.

Garland brings a new clarity to our understanding of this peculiar institution– and a new challenge to supporters and opponents alike.

[more]

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The Penalty Is Death
U.S. Newspaper Coverage of Women's Executions
Marlin Shipman
University of Missouri Press, 2002
In 1872 Susan Eberhart was convicted of murder for helping her lover to kill his wife. The Atlanta Constitution ran a story about her hanging in Georgia that covered slightly more than four full columns of text. In an editorial sermon about her, the Constitution said that Miss Eberhart not only committed murder, but also committed adultery and “violated the sanctity of marriage.” An 1890 article in the Elko Independent said of Elizabeth Potts, who was hanged for murder, “To her we look for everything that is gentle and kind and tender; and we can scarcely conceive her capable of committing the highest crime known to the law.” Indeed, at the time, this attitude was also applied to women in general.
By 1998 the press’s and society’s attitudes had changed dramatically. A columnist from Texas wrote that convicted murderer Karla Faye Tucker should not be spared just because she was a woman. The author went on to say that women could be just as violent and aggressive as men; the idea that women are defenseless and need men’s protection “is probably the last vestige of institutionalized sexism that needs to be rubbed out.”
In “The Penalty Is Death, Marlin Shipman examines the shifts in press coverage of women’s executions over the past one hundred and fifty years. Since the colonies’ first execution of a woman in 1632, about 560 more women have had to face the death penalty. Newspaper responses to these executions have ranged from massive national coverage to limited regional and even local coverage. Throughout the years the press has been guilty of sensationalism, stereotyping, and marginalizing of female convicts, making prejudicial remarks, trying these women in the media, and virtually ignoring or simply demeaning African American women convicts. This thoroughly researched book studies countless episodes that serve to illustrate these points.
Shipman’s use of reconstructed stories, gleaned from hundreds of newspaper articles, gives readers a deeper understanding of the ways these dailies reported on the trials and imprisonment of women and how these reports reflected the cultural norms of the times. His detailed narratives of the executions give evidence to the development of journalistic styles and techniques, such as the jazz journalism of the 1920s. By examining anecdotes about how the press reports on the death penalty, Shipman seeks to stimulate discussions about this subject that are more human and less abstract.
“The Penalty Is Death” fills a void in the literature on capital punishment that has long been neglected. Anyone interested in media and press performance, capital punishment, or women’s roles in society will find this book of great value.
[more]

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Pennsylvania Constitutional Development
Rosalind L. Branning
University of Pittsburgh Press, 2004

Pennsylvania Constitutional Development has proven to be the definitive study of the history of Pennsylvania's constitution in its first four incarnations. Rosalind Branning's critique, first published in 1960, reflects the movement that led to the constitution of 1968. After tracing the history of the 1776 constitution and its earliest revisions--in 1790 and 1838--Branning primarily focuses on the constitutional convention of 1872-73 and the resulting document of 1874, which endured for almost a century. She uses the published <I>Debates</I>, newspaper files, and the observations of contemporary writers and statesmen to provide a detailed and engaging study of the politics and leadership of the time. Her analysis demonstrates that this constitutional convention produced an instrument that was designed to meet nineteenth-century needs but would need significant revisions by future generations. Foreseeing the very issues that would be addressed in the 1967-68 constitutional convention, Branning identifies the elements that are necessary for successful constitutional lawmaking.

The evolution of Pennsylvania's body of laws serves as a cogent example of the opportunities and foibles intrinsic to the process of defining effective governance of a state. Pennsylvania Constitutional Development remains an essential resource for students and historians, and should be read by anyone interested in the government of the Keystone State.

[more]

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The People's Agents and the Battle to Protect the American Public
Special Interests, Government, and Threats to Health, Safety, and the Environment
Rena Steinzor and Sidney Shapiro
University of Chicago Press, 2010

Reasonable people disagree about the reach of the federal government, but there is near-universal consensus that it should protect us from such dangers as bacteria-infested food, harmful drugs, toxic pollution, crumbling bridges, and unsafe toys. And yet, the agencies that shoulder these responsibilities are in shambles; if they continue to decline, lives will be lost and natural resources will be squandered. In this timely book, Rena Steinzor and Sidney Shapiro take a hard look at the tangled web of problems that have led to this dire state of affairs.

It turns out that the agencies are not primarily to blame and that regulatory failure actually stems from a host of overlooked causes. Steinzor and Shapiro discover that unrelenting funding cuts, a breakdown of the legislative process, an increase in the number of political appointees, a concurrent loss of experienced personnel, chaotic White House oversight, and ceaseless political attacks on the bureaucracy all have contributed to the broken system. But while the news is troubling, the authors also propose a host of reforms, including a new model for measuring the success of the agencies and a revitalization of the civil service. The People’s Agents and the Battle to Protect the American Public is an urgent and compelling appeal to renew America’s best traditions of public service.

[more]

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The People’s Courts
Pursuing Judicial Independence in America
Jed Handelsman Shugerman
Harvard University Press, 2012

In the United States, almost 90 percent of state judges have to run in popular elections to remain on the bench. In the past decade, this peculiarly American institution has produced vicious multi-million-dollar political election campaigns and high-profile allegations of judicial bias and misconduct. The People’s Courts traces the history of judicial elections and Americans’ quest for an independent judiciary—one that would ensure fairness for all before the law—from the colonial era to the present.

In the aftermath of economic disaster, nineteenth-century reformers embraced popular elections as a way to make politically appointed judges less susceptible to partisan patronage and more independent of the legislative and executive branches of government. This effort to reinforce the separation of powers and limit government succeeded in many ways, but it created new threats to judicial independence and provoked further calls for reform. Merit selection emerged as the most promising means of reducing partisan and financial influence from judicial selection. It too, however, proved vulnerable to pressure from party politics and special interest groups. Yet, as Shugerman concludes, it still has more potential for protecting judicial independence than either political appointment or popular election.

The People’s Courts shows how Americans have been deeply committed to judicial independence, but that commitment has also been manipulated by special interests. By understanding our history of judicial selection, we can better protect and preserve the independence of judges from political and partisan influence.

[more]

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A People's History of the European Court of Human Rights
A People's History of the European Court of Human Rights, First Paperback Edition
Goldhaber, Michael
Rutgers University Press, 2007

The exceptionality of America’s Supreme Court has long been conventional wisdom. But the United States Supreme Court is no longer the only one changing the landscape of public rights and values. Over the past thirty years, the European Court of Human Rights has developed an ambitious, American-style body of law. Unheralded by the mass press, this obscure tribunal in Strasbourg, France has become, in many ways, the Supreme Court of Europe.

Michael Goldhaber introduces American audiences to the judicial arm of the Council of Europe—a group distinct from the European Union, and much larger—whose mission is centered on interpreting the European Convention on Human Rights. The Council routinely confronts nations over their most culturally-sensitive, hot-button issues. It has stared down France on the issue of Muslim immigration; Ireland on abortion; Greece on Greek Orthodoxy; Turkey on Kurdish separatism; Austria on Nazism; and Britain on gay rights and corporal punishment. And what is most extraordinary is that nations commonly comply.

In the battle for the world’s conscience, Goldhaber shows how the court in Strasbourg may be pulling ahead.

[more]

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Perceptions of a Polarized Court
How Division among Justices Shapes the Supreme Court's Public Image
Michael F. Salamone
Temple University Press, 2018

Like our divided nation, the Supreme Court is polarized. But does a split among Supreme Court justices—particularly when it occurs along ideological lines—hurt public perception and the Court’s ability to muster popular support for its rulings? Michael Salamone’s Perceptions of a Polarized Court offers the first comprehensive, empirical analysis of how divisiveness affects the legitimacy of the Court’s decisions.

Salamone looks specifically at the Roberts Court years—which are characterized by unprecedented ideological and partisan polarization among the justices—to evaluate the public consequences of divided Supreme Court rulings. He also analyzes both the media’s treatment of Supreme Court decisions and public opinion toward the Court’s rulings to show how public acceptance is (or is not) affected. 

Salmone contends that judicial polarization has had an impact on the manner in which journalists report on the Supreme Court. However, contrary to expectation, Court dissent may help secure public support by tapping into core democratic values.

[more]

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Performances of Violence
Austin Sarat
University of Massachusetts Press, 2011
From acts of terrorism to war, from arson to capital punishment, from sadism to torture, performances of violence are all around us. Sometimes they grab headlines and rivet our attention, sometimes they are barely noticed, constituting part of our taken-for-granted world. Yet whether dramatic or barely noticed, violence seems everywhere to be on the rise. The essays in this volume explore the relationship between selfhood, agency, and violence, focusing on the psychic life of violence and its expression in the performances of particular individuals. At the same time, they look more closely at the way political contexts and ideologies shape both particular performances of violence and the way they are understood. By drawing on the expertise of scholars in a variety of fields—anthropology, history, political theory, law, and social thought—this book seeks to expose some of the subterranean cross currents of the cultural lives of violence and, in so doing, to reveal their connections. In addition to the editors, contributors include criminal justice scholar Mary Welek Atwell, anthropologist Veena Das, historian Ruth Miller, political scientist Anne Norton, political scientist Corey Robin, and historian Paul Steege.
[more]

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The Perils of Global Legalism
Eric A. Posner
University of Chicago Press, 2009

The first months of the Obama administration have led to expectations, both in the United States and abroad, that in the coming years America will increasingly promote the international rule of law—a position that many believe is both ethically necessary and in the nation’s best interests.

With The Perils of Global Legalism, Eric A. Posner explains that such views demonstrate a dangerously naive tendency toward legalism—an idealistic belief that law can be effective even in the absence of legitimate institutions of governance. After tracing the historical roots of the concept, Posner carefully lays out the many illusions—such as universalism, sovereign equality, and the possibility of disinterested judgment by politically unaccountable officials—on which the legalistic view is founded. Drawing on such examples as NATO’s invasion of Serbia, attempts to ban the use of land mines, and the free-trade provisions of the WTO, Posner demonstrates throughout that the weaknesses of international law confound legalist ambitions—and that whatever their professed commitments, all nations stand ready to dispense with international agreements when it suits their short- or long-term interests.

Provocative and sure to be controversial, The Perils of Global Legalism will serve as a wake-up call for those who view global legalism as a panacea—and a reminder that international relations in a brutal world allow no room for illusions.

[more]

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Permissions, A Survival Guide
Blunt Talk about Art as Intellectual Property
Susan M. Bielstein
University of Chicago Press, 2006
If a picture is worth a thousand words, then it's a good bet that at least half of those words relate to the picture's copyright status. Art historians, artists, and anyone who wants to use the images of others will find themselves awash in byzantine legal terms, constantly evolving copyright law, varying interpretations by museums and estates, and despair over the complexity of the whole situation. Here, on a white—not a high—horse, Susan Bielstein offers her decades of experience as an editor working with illustrated books. In doing so, she unsnarls the threads of permissions that have ensnared scholars, critics, and artists for years.

Organized as a series of “takes” that range from short sidebars to extended discussions, Permissions, A Survival Guide explores intellectual property law as it pertains to visual imagery. How can you determine whether an artwork is copyrighted? How do you procure a high-quality reproduction of an image? What does “fair use” really mean? Is it ever legitimate to use the work of an artist without permission? Bielstein discusses the many uncertainties that plague writers who work with images in this highly visual age, and she does so based on her years navigating precisely these issues. As an editor who has hired a photographer to shoot an incredibly obscure work in the Italian mountains (a plan that backfired hilariously), who has tried to reason with artists' estates in languages she doesn't speak, and who has spent her time in the archival trenches, she offers a snappy and humane guide to this difficult terrain.

Filled with anecdotes, asides, and real courage, Permissions, A Survival Guide is a unique handbook that anyone working in the visual arts will find invaluable, if not indispensable.
[more]

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Pervasive Prejudice?
Unconventional Evidence of Race and Gender Discrimination
Ian Ayres
University of Chicago Press, 2001
If you're a woman and you shop for a new car, will you really get the best deal? If you're a man, will you fare better? If you're a black man waiting to receive an organ transplant, will you have to wait longer than a white man?

In Pervasive Prejudice? Ian Ayres confronts these questions and more. In a series of important studies he finds overwhelming evidence that in a variety of markets—retail car sales, bail bonding, kidney transplantation, and FCC licensing—blacks and females are consistently at a disadvantage. For example, when Ayres sent out agents of different races and genders posing as potential buyers to more than 200 car dealerships in Chicago, he found that dealers regularly charged blacks and women more than they charged white men. Other tests revealed that it is commonly more difficult for blacks than whites to receive a kidney transplant because of federal regulations. Moreover, Ayres found that minority male defendants are frequently required to post higher bail bonds than their Caucasian counterparts.

Traditional economic theory predicts that free markets should drive out discrimination, but Ayres's startling findings challenge that position. Along with empirical research, Ayres offers game—theoretic and other economic methodologies to show how prejudice can enter the bargaining process even when participants are supposedly acting as rational economic agents. He also responds to critics of his previously published studies included here. These studies suggest that race and gender discrimination is neither a thing of the past nor merely limited to the handful of markets that have been the traditional focus of civil rights laws.
[more]

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Philadelphia Freedom
Memoir of a Civil Rights Lawyer
David Kairys
University of Michigan Press, 2008

"David Kairys is one of the grand long-distance runners in the struggle for justice in America. His brilliant legal mind and superb lawyerly skills are legendary. This marvelous book is his gift to us!"
---Cornel West, Professor of Religion and African American Studies, Princeton University, and award-winning author of Race Matters

Philadelphia Freedom is the spellbinding tale of an idealistic young lawyer coming of age in the political cauldron of the 1960s and 1970s. From his immersion in the civil rights movement to his determined court battles to quell criminal violence by Philadelphia police, Kairys recounts how he helped make history in the city of brotherly love."
---William K. Marimow, Editor and Executive Vice President, Philadelphia Inquirer, and recipient of two Pulitzer Prizes

"In the current climate of political deception and the trampling of our civil rights, Kairys's compelling book is a clenched fist, a prayer for social justice and a call to conscience."
---Steve Lopez, Los Angeles Times columnist and former Philadelphia Inquirer columnist

"With engaging, insider stories of innovative legal strategies of a truly creative lawyer, this book evokes the ebullient spirit of progressive social change launched in the 1960s and should be read by aspiring and practicing lawyers as well as anyone interested in American social history. Philadelphia Freedom reads like a suspense novel and reveals how novel legal and political thinking can and does make a real difference to individuals and to the quality of justice."
---Martha L. Minow, Jeremiah Smith, Jr. Professor of Law, Harvard University

"David Kairys's compelling book properly explains the vital role that civil rights attorneys play in our system of justice."
---Judge John E. Jones III, United States District Court for the Middle District of Pennsylvania, and presiding judge in the landmark Kitzmiller v. Dover Area School District case

A memoir that is also a compelling page-turner, Philadelphia Freedom is the poignant, informative, often inspiring account of renowned civil-rights lawyer David Kairys's personal quest for achieving social justice during the turbulent 1960s and 70s.

Philadelphia Freedom brings us intimately and directly into Kairys's burgeoning law career and the struggles of the 60s as his professional and private life navigated the turmoil and promise of the civil rights and antiwar movements.

Many of the cases Kairys took on involved discrimination and equal protection, freedom of speech, and government malfeasance. Kairys is perhaps most well known for his victory in the Camden 28 draft board case, in which the FBI set up a sting of the Catholic anti-war left at the behest of the highest levels of government.

The stories and cases range from nationally important and recognizable---the family of the scientist the CIA unwittingly gave LSD in the 1950s; the leading race discrimination case against the FBI; Dr. Benjamin Spock's First Amendment case before the Supreme Court; the city handgun lawsuits Kairys conceived---to those he encountered in his early work as a public defender. The characters include public figures such as FBI Directors J. Edgar Hoover and Louis Freeh; CIA Director William Colby; Pennsylvania Senator Arlen Specter; New York Attorney General Eliot Spitzer; U.S. Attorneys General Edward Levi and John Mitchell; Georgia Governor Lester Maddox; Pennsylvania Governor, former Philadelphia Mayor, and Democratic National Committee chair Ed Rendell; Philadelphia Mayor and Police Commissioner Frank Rizzo. But some of the most memorable are not well known, involving regular people caught up in the often heartless machinery of the courts and legal system.

Though it reads like a novel, with all the elements of character, plot, and suspense, Philadelphia Freedom also has historical significance as a firsthand account of the 1960s and 70s and contains social commentary about race as well as insights and major perspectives on the nature and social role of law.

David Kairys is Professor of Law at Beasley School of Law, Temple University. He was a full-time civil rights lawyer from 1968 to 1990.

[more]

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The Philosophy of Law in Historical Perspective
Carl Joachim Friedrich
University of Chicago Press, 1963
Mr. Friedrich develops his own position within the framework of the history of Western legal philosophy from the Old Testament down to contemporary writers. In addition, he highlights some important problems of the present day, including certain aspects of legal realism. First published in 1958, this book has been revised and enlarged.
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Picturing the Invisible
Exploring Interdisciplinary Synergies from the Arts and the Sciences
Edited by Paul Coldwell and Ruth M. Morgan
University College London, 2022
An interdisciplinary approach to invisibility through the lens of the arts and sciences.

Picturing the Invisible presents different disciplinary approaches to articulating the invisible, that which is not known or not provable. The challenge is how to articulate these concepts, not only to those within a particular academic field but beyond, to other disciplines and society at large. As our understanding of the complexity of the world grows incrementally, so does our realization that issues and problems can rarely be resolved within neat demarcations. Therefore, the authors argue, the importance of finding means of communicating across disciplines and fields must become a priority. This book brings together insights from leading academics from a wide range of disciplines, including art and design, curatorial practice, literature, forensic science, medical science, psychoanalysis and psychotherapy, philosophy, astrophysics, and architecture, who share an interest in exploring how in each discipline we strive to find expression for the invisible or unknown and to draw out and articulate some of the explicit and tacit ways of communicating those concepts that transcend traditional disciplinary boundaries.
[more]

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Pillars of Justice
Lawyers and the Liberal Tradition
Owen Fiss
Harvard University Press, 2017

Pillars of Justice explores the purpose and possibilities of life in the law through moving accounts of thirteen lawyers who shaped the legal world during the past half century.

Some, such as Thurgood Marshall, were Supreme Court Justices. Others, like John Doar and Burke Marshall, set the civil rights policies of the federal government during the 1960s. Some, including Harry Kalven and Catharine MacKinnon, have taught at the greatest law schools of the nation and nourished the liberalism rooted in the civil rights era. Jurists from abroad—Aharon Barak, for example—were responsible for the rise of the human rights movement that today carries the burden of advancing liberal values. These lawyers came from diverse backgrounds and held various political views. What unites them is a deep, abiding commitment to Brown v. Board of Education as an exceptional moment in the life of the law—a willingness to move mountains, if need be, to ensure that we are living up to our best selves. In tracing how these lawyers over a period of fifty years used the Brown ruling and its spirit as a beacon to guide their endeavors, this history tells the epic story of the liberal tradition in the law.

For Owen Fiss, one of the country’s leading constitutional theorists, the people described were mentors, colleagues, friends. In his portraits, Fiss tries to identify the unique qualities of mind and character that made these individuals so important to the institutions and legal principles they served.

[more]

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The Pioneers of Judicial Behavior
Nancy Maveety, Editor
University of Michigan Press, 2002
In The Pioneers of Judicial Behavior, prominent political scientists critically examine the contributions to the field of public law of the pioneering scholars of judicial behavior: C. Hermann Pritchett, Glendon Schubert, S. Sidney Ulmer, Harold J. Spaeth, Joseph Tanenhaus, Beverly Blair Cook, Walter F. Murphy, J. Woodward Howard, David J. Danelski, David Rohde, Edward S. Corwin, Alpheus Thomas Mason, Robert G. McCloskey, Robert A. Dahl, and Martin Shapiro.
Unlike past studies that have traced the emergence and growth of the field of judicial studies, The Pioneers of Judicial Behavior accounts for the emergence and exploration of three current theoretical approaches to the study of judicial behavior--attitudinal, strategic, and historical-institutionalist--and shows how the research of these foundational scholars has contributed to contemporary debates about how to conceptualize judges as policy makers. Chapters utilize correspondence of and interviews with some early scholars, and provide a format to connect the concerns and controversies of the first political scientists of law and courts to contemporary challenges and methodological debates among today's judicial scholars. The volume's purpose in looking back is to look forward: to contribute to an ecumenical research agenda on judicial decision making, and, ultimately, to the generation of a unified, general theory of judicial behavior.
The Pioneers of Judicial Behavior will be of interest to graduate students in the law and courts field, political scientists interested in the philosophy of social science and the history of the discipline, legal practitioners and researchers, and political commentators interested in academic theorizing about public policy making.
Nancy L. Maveety is Associate Professor of Political Science, Tulane University.
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Piracy
The Intellectual Property Wars from Gutenberg to Gates
Adrian Johns
University of Chicago Press, 2009

Since the rise of Napster and other file-sharing services in its wake, most of us have assumed that intellectual piracy is a product of the digital age and that it threatens creative expression as never before. The Motion Picture Association of America, for instance, claimed that in 2005 the film industry lost $2.3 billion in revenue to piracy online. But here Adrian Johns shows that piracy has a much longer and more vital history than we have realized—one that has been largely forgotten and is little understood.

Piracy explores the intellectual property wars from the advent of print culture in the fifteenth century to the reign of the Internet in the twenty-first. Brimming with broader implications for today’s debates over open access, fair use, free culture, and the like, Johns’s book ultimately argues that piracy has always stood at the center of our attempts to reconcile creativity and commerce—and that piracy has been an engine of social, technological, and intellectual innovations as often as it has been their adversary. From Cervantes to Sonny Bono, from Maria Callas to Microsoft, from Grub Street to Google, no chapter in the story of piracy evades Johns’s graceful analysis in what will be the definitive history of the subject for years to come.

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Pitiful Plaintiffs
Child Welfare Litigation and the Federal Courts
Susan Gluck Mezey
University of Pittsburgh Press, 2000

Focusing on a class action lawsuit against the Illinois child welfare system (B. H. v. Johnson), Pitiful Plaintiffs examines the role of the federal courts in the child welfare policymaking process and the extent to which litigation can achieve the goal of reforming child welfare systems. 

Beginning in the 1970s, children’s advocates asked the federal courts to intervene in the child welfare policymaking process. Their weapons were, for the most part, class action suits that sought widespread reform of child welfare systems. This book is about the tens of thousands of abused and neglected children in the United States who enlisted the help of the federal courts to compel state and local governments to fulfill their obligations to them. Based on a variety of sources, the core of the research consists of in-depth, open-ended interviews with individuals involved in the Illinois child welfare system, particularly those engaged in the litigation process, including attorneys, public officials, members of children’s advocacy groups, and federal court judges. The interviews were supplemented with information from legal documents, government reports and publications, national and local news reports, and scholarly writings. Despite the proliferation of child welfare lawsuits and the increasingly important role of the federal judiciary in child welfare policymaking, structural reform litigation against child welfare systems has received scant scholarly attention from a political science or public policy perspective. Mezey’s comprehensive study will be of interest to political scientists and public policy analysts, as well as anyone involved in social justice and child welfare.

[more]

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Pivotal Politics
A Theory of U.S. Lawmaking
Keith Krehbiel
University of Chicago Press, 1998
Politicians and pundits alike have complained that the divided governments of the last decades have led to legislative gridlock. Not so, argues Keith Krehbiel, who advances the provocative theory that divided government actually has little effect on legislative productivity. Gridlock is in fact the order of the day, occurring even when the same party controls the legislative and executive branches. Meticulously researched and anchored to real politics, Krehbiel argues that the pivotal vote on a piece of legislation is not the one that gives a bill a simple majority, but the vote that allows its supporters to override a possible presidential veto or to put a halt to a filibuster. This theory of pivots also explains why, when bills are passed, winning coalitions usually are bipartisan and supermajority sized. Offering an incisive account of when gridlock is overcome and showing that political parties are less important in legislative-executive politics than previously thought, Pivotal Politics remakes our understanding of American lawmaking.
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The Place of Families
Fostering Capacity, Equality, and Responsibility
Linda C. McClain
Harvard University Press, 2006

In this bold new book, Linda McClain offers a liberal and feminist theory of the relationships between family life and politics--a topic dominated by conservative thinkers. McClain agrees that stable family lives are vital to forming persons into capable, responsible, self-governing citizens. But what are the public values at stake when we think about families, and what sorts of families should government recognize and promote?

Arguing that family life helps create the virtues and character required for citizenship, McClain shows that the connection between family self-government and democratic self-government does not require the deep-laid gender inequality that has historically accompanied it. Examining controversial issues in family law and policy--among them, the governmental promotion of heterosexual marriage and the denial of marriage to same-sex couples, the regulation of family life through welfare policy, and constitutional rights to reproductive freedom--McClain argues for a political theory of the family that embraces equality, defends rights as facilitating responsibility, and supports families in ways that respect men's and women's capacities for self-government.

[more]

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The Place of Law
Austin Sarat, Lawrence Douglas, and Martha Merrill Umphrey, Editors
University of Michigan Press, 2003
It has long been standard practice in legal studies to identify the place of law within the social order. And yet, as The Place of Law suggests, the meaning of the concept of "the place of law" is not self-evident.
This book helps us see how the law defines territory and attempts to keep things in place; it shows how law can be, and is, used to create particular kinds of places -- differentiating, for example, individual property from public land. And it looks at place as a metaphor that organizes the way we see the world. This important new book urges us to ask about the usefulness of metaphors of place in the design of legal regulation.
[more]

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A Place of Recourse
A History of the U.S. District Court for the Southern District of Ohio, 1803–2003
Roberta Sue Alexander
Ohio University Press, 2005

The first history of a federal district court in a midwestern state, A Place of Recourse explains a district court’s function and how its mission has evolved. The court has grown from an obscure institution adjudicating minor debt and land disputes to one that plays a central role in the political, economic, and social lives of southern Ohioans.

In tracing the court’s development, Alexander explores the central issues confronting the district court judges during each historical era. She describes how this court in a non-slave state responded to fugitive slave laws and how a court whose jurisdiction included a major coal-mining region responded to striking workers and the unionization movement. The book also documents judicial responses to Prohibition, New Deal legislation, crime, mass tort litigation, and racial desegregation.

The history of a court is also the history of its judges. Accordingly, Alexander provides historical insight on current and past judges. She details behind-the-scenes maneuvers in judicial appointments and also the creativity some judges displayed on the bench—such as Judge Leavitt, who adopted admiralty law to deal with the problems of river traffic.

A Place of Recourse demonstrates that, at least in the Southern District of Ohio, the federal district court has played the role its creators hoped it would—upholding federal law even when the citizens of the region actively opposed such enforcement.

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Planning the Portland Urban Growth Boundary
The Struggle to Transform Trend City
Sy Adler
Oregon State University Press, 2022

In this companion volume to his 2012 book Oregon Plans: The Making of an Unquiet Land-Use Revolution, Sy Adler offers readers a deep analysis of planning Portland’s Urban Growth Boundary. Required by one of Oregon’s nineteen statewide planning goals, a boundary in the Portland metropolitan area was intended to separate urban land and land that would be urbanized from commercially productive farmland. After adopting the goals, approving the Portland growth boundary in 1979 was the most significant decision the Oregon Land Conservation and Development Commission has ever made, and, more broadly, is a significant milestone in American land-use planning.
 
Planning the Portland Urban Growth Boundary primarily covers the 1970s. Innovative regional planning institutions were established in response to concerns about sprawl, but planners working for those institutions had to confront the reality that various plans being developed and implemented by city and county governments in metro Portland would instead allow sprawl to continue. Regional planners labeled these as “Trend City” plans, and sought to transform them during the 1970s and thereafter.
 
Adler discusses the dynamics of these partially successful efforts and the conflicts that characterized the development of the Portland UGB during the 1970s—between different levels of government, and between public, private, and civic sector advocates. When the regional UGB is periodically reviewed, these conflicts continue, as debates about values and technical issues related to forecasting future amounts of population, economic activity, and the availability of land for urban development over a twenty-year period roil the boundary planning process.
 
Planning the Portland Urban Growth Boundary is an authoritative history and an indispensable resource for anyone actively involved in urban and regional planning—from neighborhood associations and elected officials to organizations working on land use and development issues throughout the state.
 

[more]

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Playing Darts with a Rembrandt
Public and Private Rights in Cultural Treasures
Joseph L. Sax
University of Michigan Press, 2001
Some of the world's greatest treasures are hidden away and have not been seen publicly for decades, sometimes for centuries. Others have been destroyed. They are not stolen property. They are simply private property, and no matter their public significance, the public has no claims on them. A capricious owner of Leonardo da Vinci's notebook would be perfectly within his rights to throw it in the fireplace, as James Joyce's grandson did with letters from the author's daughter, or Warren Harding's widow did with her husband's Teapot Dome papers. This is a book about such rights and why they are wrong.
Some incidents are famous. A great artist's mural is demolished because the rich man who commissioned it is offended by its political implications. One of America's most famous collections is closed to virtually every notable person in the art world, whose requests for visits produce only a postcard from the owner saying "go to Blazes." Scholars who seek access to the Dead Sea Scrolls, monopolized and secreted by a handful of individuals for nearly forty years, are dismissed as "slime," "fleas," "gang-snatchers," and "manure," and told, "You will not see these things in your lifetime."
Playing Darts with a Rembrandt explores abuses of ownership of cultural treasures in a wide range of settings, including material of historic and scientific interest, as well as art and antiquities. It examines the claims made on behalf of the public for preservation, protection, and access to important artifacts, balancing those claims against proprietary and privacy interests, and discusses the proper role of institutions such as museums and libraries that act as repositories. Acknowledging the complexities that sometimes arise (such as the claims of history against the desire of a great figure's family to withhold private letters), Playing Darts with a Rembrandt proposes a new species of qualified ownership: to own an object of great public importance is to become a "fortunate, if provisional, trustee, having no right to deprive others who value the objects as much as they do themselves."
The fascinating stories that comprise the bulk of the book, ranging from dinosaur excavations and the Dead Sea Scrolls to the fate of presidential papers and the secrets held by the Library of Congress, will be of interest to a wide range of general readers. The extensive discussion of collectors, and their role, should commend the book to those in the art world, as well as to those professionally associated with museums, libraries, and archives. While written in a readable and untechnical way, it should also be of interest to those in the legal community who are interested in the philosophical and theoretical underpinnings of our property system.
"Sax turns his attention from public rights to conserve land and water to protection of cultural treasures. As always, he sees both sides of the argument and comes to reasoned and wise conclusions, balancing private and public interests. His prose is lucid, and his examples are both instructive and entertaining. An invaluable book for anyone interested in the preservation of our cultural resources." --I. Michael Heyman, Secretary, Smithsonian Institution
Joseph L. Sax is Professor of Law, University of California, Berkeley. He was formerly the counselor to the Secretary of the Interior and Professor of Law, the University of Michigan Law School.
[more]

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Plea Bargaining
The Experiences of Prosecutors, Judges, and Defense Attorneys
Milton Heumann
University of Chicago Press, 1978
"That relatively few criminal cases in this country are resolved by full Perry Mason-style strials is fairly common knowledge. Most cases are settled by a guilty plea after some form of negotiation over the charge or sentence. But why? The standard explanation is case pressure: the enormous volume of criminal cases, to be processed with limited staff, time and resources. . . . But a large body of new empirical research now demands that we re-examine plea negotiation. Milton Heumann's book, Plea Bargaining, strongly and explicitly attacks the case-pressure argument and suggests an alternative explanation for plea bargaining based on the adaptation of attorneys and judges to the local criminal court. The book is a significant and welcome addition to the literature. Heumann's investigation of case pressure and plea negotiation demonstrates solid research and careful analysis."—Michigan Law Review
[more]

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Poetry of the Law
From Chaucer to the Present
David Kader
University of Iowa Press, 2010

Since the time of Blackstone's "Farewell," poetry has been seen as celestial, pastoral, solitary, and mellifluous; law as venerable, social, urban, and cacophonous. This perception has persisted even to the present, with the bourgeoning field of law and literature focusing almost exclusively on fiction and drama. Poetry of the Law, however, reveals the richness of poetry about the law.

Poetry of the Law is the first serious anthology of law-related poetry ever published in the United States. As the editors make clear, though, serious need not imply solemn. Instead, David Kader and Michael Stanford have assembled a surprisingly capacious collection of 100 poems from the 1300s to the present.

Set in courtrooms, lawyers’ offices, law-school classrooms, and judges’ chambers; peopled with attorneys, the imprisoned (both innocent and guilty), judges, jurors, witnesses, and law-enforcement officers; based on real events (think “Scottsboro”) or exploring the complexity of abstract legal ideas; the poems celebrate justice or decry the lack of it, ranging in tone from witty to wry, sad to celebratory, funny to infuriating. Poetry of the Law is destined to become an authoritative source for years to come.

 
Contributors Include:

W. H. Auden

Robert Burns

Lewis Carroll

John Ciardi

Daniel Defoe

Emily Dickinson

John Donne

Rita Dove

Ralph Waldo Emerson

Martín Espada

Thomas Hardy

Seamus Heaney

A. E. Housman

Langston Hughes

Ben Jonson

X. J. Kennedy

Yusef Komunyakaa

Ted Kooser

D. H. Lawrence

Edgar Lee Masters

W. S. Merwin

Edna St. Vincent Millay

Sir Walter Raleigh

Muriel Rukeyser

Carl Sandburg

William Shakespeare

Jonathan Swift

Mona Van Duyn

Oscar Wilde

William Carlos Williams

from “The Hanging Judge” by Eavan Boland

Come to the country where justice is seen to be done,

Done daily. Come to the country where

Sentence is passed by word of mouth and raw

Boys split like infinitives. Look, here

We hanged our son, our only son

And hang him still and still we call it law.

[more]

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Poisoned for Pennies
The Economics of Toxics and Precaution
Frank Ackerman
Island Press, 2008
“Cost-benefit analysis” is a term that is used so frequently we rarely stop to think about it. But relying on it can lead to some dubious conclusions, as Frank Ackerman points out in this eye-opening book. For example, some economists have argued that states should encourage—and even subsidize—cigarette smoking by citizens because smoking will shorten life spans and therefore reduce the need and expense of caring for the elderly. How did the economists reach that conclusion? The answer is cost-benefit analysis, Ackerman explains.
 
Then in clear, understandable language, he describes an alternative, precautionary approach to making decisions under uncertainty. Once a mere theory, the precautionary principle has now been applied in practice through the European Union’s REACH protocol. Citing major studies, many of which he has directed, he shows that the precautionary approach has not only worked, but has been relatively cheap.
 
Poisoned for Pennies shows how the misuse of cost-benefit analysis is impeding efforts to clean up and protect our environment, especially in the case of toxic chemicals. According to Ackerman, conservatives—in elected office, in state and federal regulatory agencies, and in businesses of every size—have been able to successfully argue that environmental clean-up and protection are simply too expensive. But he proves, that is untrue in case after case.
 
Ackerman is already well known for his carefully reasoned attacks on the conventional wisdom about the costs of environmental regulation. This new book, which finds Ackerman ranging from psychological research to risk analysis to the benefits of aggressive pesticide regulation, and from mad cow disease to lead paint, will further his reputation as a thought leader in environmental protection. We can’t afford not to listen to him.
[more]

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Police Interrogation and American Justice
Richard A. Leo
Harvard University Press, 2009

"Read him his rights." We all recognize this line from cop dramas. But what happens afterward? In this book, Richard Leo sheds light on a little-known corner of our criminal justice system--the police interrogation.

Incriminating statements are necessary to solve crimes, but suspects almost never have reason to provide them. Therefore, as Leo shows, crime units have developed sophisticated interrogation methods that rely on persuasion, manipulation, and deception to move a subject from denial to admission, serving to shore up the case against him. Ostensibly aimed at uncovering truth, the structure of interrogation requires that officers act as an arm of the prosecution.

Skillful and fair interrogation allows authorities to capture criminals and deter future crime. But Leo draws on extensive research to argue that confessions are inherently suspect and that coercive interrogation has led to false confession and wrongful conviction. He looks at police evidence in the court, the nature and disappearance of the brutal "third degree," the reforms of the mid-twentieth century, and how police can persuade suspects to waive their Miranda rights.

An important study of the criminal justice system, Police Interrogation and American Justice raises unsettling questions. How should police be permitted to interrogate when society needs both crime control and due process? How can order be maintained yet justice served?

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Policing as Though People Matter
Dorothy Guyot
Temple University Press, 1991

In this work, Dorothy Guyot asks: What makes a good police department? In analyzing the transformation of the police department in Troy, New York. she explains a set of standards by which the quality of police service can be judged and illustrates a way to improve services over the long run. Throughout her case study and analysis, Guyot asks penetrating questions about the performance of police departments. She maintains that when police officers are treated as professionals by their department, they will act professionally toward citizens. This examination of fifteen years of policymaking within a single department looks at policing as a complex social service in an urban environment.

Rather than accepting the traditional "chain of command" authoritarian model of police administration, Guyot draws an analogy to hospital organization and suggests that the practitioner, whether a physician or a cop on the beat, performs the service with a tremendous amount of discretion. It follows that better management tactics at the police chief level as well as better employment policies will result in more responsible and dedicated policing by officers. The author demonstrates how, under the leadership of George W. O’Connor, the Troy P.D. changed from a backward department to one that promotes competence, as well as concern for citizens, among its individual officers.

The book is organized by issues and provides a full picture of how upgrading can be achieved through clear and specific goals. Throughout this case study, Guyot provides many examples of the behavior of police officers on the street, to illustrate the differences made by restructuring the department.

[more]

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Policing Immigrants
Local Law Enforcement on the Front Lines
Doris Marie Provine, Monica W. Varsanyi, Paul G. Lewis, and Scott H. Decker
University of Chicago Press, 2016
The United States deported nearly two million illegal immigrants during the first five years of the Obama presidency—more than during any previous administration. President Obama stands accused by activists of being “deporter in chief.” Yet despite efforts to rebuild what many see as a broken system, the president has not yet been able to convince Congress to pass new immigration legislation, and his record remains rooted in a political landscape that was created long before his election. Deportation numbers have actually been on the rise since 1996, when two federal statutes sought to delegate a portion of the responsibilities for immigration enforcement to local authorities.

Policing Immigrants traces the transition of immigration enforcement from a traditionally federal power exercised primarily near the US borders to a patchwork system of local policing that extends throughout the country’s interior. Since federal authorities set local law enforcement to the task of bringing suspected illegal immigrants to the federal government’s attention, local responses have varied. While some localities have resisted the work, others have aggressively sought out unauthorized immigrants, often seeking to further their own objectives by putting their own stamp on immigration policing. Tellingly, how a community responds can best be predicted not by conditions like crime rates or the state of the local economy but rather by the level of conservatism among local voters. What has resulted, the authors argue, is a system that is neither just nor effective—one that threatens the core crime-fighting mission of policing by promoting racial profiling, creating fear in immigrant communities, and undermining the critical community-based function of local policing.
[more]

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Policing Sexuality
The Mann Act and the Making of the FBI
Jessica R. Pliley
Harvard University Press, 2014

America’s first anti–sex trafficking law, the 1910 Mann Act, made it illegal to transport women over state lines for prostitution “or any other immoral purpose.” It was meant to protect women and girls from being seduced or sold into sexual slavery. But, as Jessica Pliley illustrates, its enforcement resulted more often in the policing of women’s sexual behavior, reflecting conservative attitudes toward women’s roles at home and their movements in public. By citing its mandate to halt illicit sexuality, the fledgling Bureau of Investigation gained entry not only into brothels but also into private bedrooms and justified its own expansion.

Policing Sexuality links the crusade against sex trafficking to the rapid growth of the Bureau from a few dozen agents at the time of the Mann Act into a formidable law enforcement organization that cooperated with state and municipal authorities across the nation. In pursuit of offenders, the Bureau often intervened in domestic squabbles on behalf of men intent on monitoring their wives and daughters. Working prostitutes were imprisoned at dramatically increased rates, while their male clients were seldom prosecuted.

In upholding the Mann Act, the FBI reinforced sexually conservative views of the chaste woman and the respectable husband and father. It built its national power and prestige by expanding its legal authority to police Americans’ sexuality and by marginalizing the very women it was charged to protect.

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Policing the Open Road
How Cars Transformed American Freedom
Sarah A. Seo
Harvard University Press, 2019

A Smithsonian Best History Book of the Year
Winner of the Littleton-Griswold Prize
Winner of the Ralph Waldo Emerson Award
Winner of the Order of the Coif Award
Winner of the Sidney M. Edelstein Prize
Winner of the David J. Langum Sr. Prize in American Legal History

Winner of the Berkshire Conference of Women Historians Book Prize


“From traffic stops to parking tickets, Seo traces the history of cars alongside the history of crime and discovers that the two are inextricably linked.”
Smithsonian

When Americans think of freedom, they often picture the open road. Yet nowhere are we more likely to encounter the long arm of the law than in our cars. Sarah Seo reveals how the rise of the automobile led us to accept—and expect—pervasive police power, a radical transformation with far-reaching consequences.

Before the twentieth century, most Americans rarely came into contact with police officers. But in a society dependent on cars, everyone—law-breaking and law-abiding alike—is subject to discretionary policing. Seo challenges prevailing interpretations of the Warren Court’s due process revolution and argues that the Supreme Court’s efforts to protect Americans did more to accommodate than limit police intervention. Policing the Open Road shows how the new procedures sanctioned discrimination by officers, and ultimately undermined the nation’s commitment to equal protection before the law.

“With insights ranging from the joy of the open road to the indignities—and worse—of ‘driving while black,’ Sarah Seo makes the case that the ‘law of the car’ has eroded our rights to privacy and equal justice…Absorbing and so essential.”
—Paul Butler, author of Chokehold

“A fascinating examination of how the automobile reconfigured American life, not just in terms of suburbanization and infrastructure but with regard to deeply ingrained notions of freedom and personal identity.”
—Hua Hsu, New Yorker

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The Policy Dilemma
Federal Crime Policy and the Law Enforcement Assistance Administration, 1968-1978
Malcolm Feeley
University of Minnesota Press, 1981
The Policy Dilemma was first published in 1981.What can and should the federal government do to solve complex social problems? Malcolm M. Feeley and Austin D. Sarat address this question in the context of one important issue, the problem of crime. They examine a major federal program, the Law Enforcement Assistance Administration, and show how its operation is shaped and reflects what they call the “policy dilemma.” In response to the public’s demands, the government tries to do too much and promises more than it can deliver. While The Policy Dilemma is first of all a study of the federal government’s attempts to reform and improve criminal justice, it also examines broader issues of public policy making. The problems faced by the LEAA in crime control are shared by all governmental attempts to attack large, insufficiently defined social problems.The authors base their conclusions on extensive interviews with federal, state, and local officials responsible for implementing the Safe Streets Act, including members of ten state planning agencies. In conclusion, Feeley and Sarat summarize the problems of the Safe Streets Act and review congressional attempts at revision and reorganization. They argue that those attempts will only prolong the policy dilemma. The failure of the LEAA, they suggest, is not just a failure of administration but of concept and political theory.
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The Policy State
An American Predicament
Karen Orren and Stephen Skowronek
Harvard University Press, 2017

The steady accretion of public policies over the decades has fundamentally changed how America is governed. The formulation and delivery of policy have emerged as the government’s entire raison d’être, redefining rights and reconfiguring institutional structures. The Policy State looks closely at this massive unnoticed fact of modern politics and addresses the controversies swirling around it. Government has become more responsive and inclusive, but the shift has also polarized politics and sowed a deep distrust of institutions. These developments demand a thorough reconsideration of historical governance.

“A sterling example of political science at its best: analytically rigorous, historically informed, and targeted at questions of undeniable contemporary significance… Orren and Skowronek uncover a transformation that revolutionized American politics and now threatens to tear it apart.”
—Timothy Shenk, New Republic

“Wherever you start out in our politics, this book will turn your sense of things sideways and make you rethink deeply held assumptions. It’s a model of what political science could be, but so rarely is.”
—Yuval Levin, National Review

“A gripping narrative…opening up new avenues for reflection along methodological, conceptual, and normative lines.”
—Bernardo Zacka, Contemporary Political Theory

[more]

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Political (In)Justice
Authoritarianism and the Rule of Law in Brazil, Chile, and Argentina
Anthony W. Pereira
University of Pittsburgh Press, 2005
Why do attempts by authoritarian regimes to legalize their political repression differ so dramatically? Why do some dispense with the law altogether, while others scrupulously modify constitutions, pass new laws, and organize political trials?  Political (In)Justice answers these questions by comparing the legal aspects of political repression in three recent military regimes: Brazil (1964–1985); Chile (1973–1990); and Argentina (1976–1983).  By focusing on political trials as a reflection of each regime’s overall approach to the law, Anthony Pereira argues that the practice of each regime can be explained by examining the long-term relationship between the judiciary and the military.  Brazil was marked by a high degree of judicial-military integration and cooperation; Chile’s military essentially usurped judicial authority; and in Argentina, the military negated the judiciary altogether. Pereira extends the judicial-military framework to other authoritarian regimes—Salazar’s Portugal, Hitler’s Germany, and Franco’s Spain—and a democracy (the United States), to illuminate historical and contemporary aspects of state coercion and the rule of law.
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Political Political Theory
Essays on Institutions
Jeremy Waldron
Harvard University Press, 2016

Political institutions are the main subject of political theory—or they ought to be. Making the case with his trademark forcefulness and intellectual aplomb, Jeremy Waldron argues in favor of reorienting the theory of politics toward the institutions and institutional principles of modern democracy and the mechanisms through which democratic ideals are achieved.

Too many political theorists are preoccupied with analyzing the nature and importance of justice, liberty, and equality, at the cost of ignoring the governmental institutions needed to achieve them. By contrast, political scientists have kept institutions in view, but they deploy a meager set of value-conceptions in evaluating them. Reflecting on an array of issues about constitutional structure, Waldron considers the uses and abuses of diverse institutions and traditions, from separation of powers and bicameralism to judicial review of legislation, the principle of loyal opposition, the nature of representation, political accountability, and the rule of law. He refines his well-known argument about the undemocratic character of judicial review, providing a capacious perspective on the proper role of courts in a constitutional democracy, and he offers an illuminating critique of the contrasting political philosophies of Hannah Arendt and Isaiah Berlin.

Even if political theorists remain fixated on expounding the philosophical foundations of democracy, they need to complement their work with a firmer grasp of the structures through which democracy is realized. This is what political political theory means: theory addressing itself to the way political institutions frame political disagreements and orchestrate resolutions to our disputes over social ideals.

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Politics and Property Rights
The Closing of the Open Range in the Postbellum South
Shawn Everett Kantor
University of Chicago Press, 1998
After the American Civil War, agricultural reformers in the South called for an end to unrestricted grazing of livestock on unfenced land. They advocated the stock law, which required livestock owners to fence in their animals, arguing that the existing system (in which farmers built protective fences around crops) was outdated and inhibited economic growth. The reformers steadily won their battles, and by the end of the century the range was on the way to being closed.

In this original study, Kantor uses economic analysis to show that, contrary to traditional historical interpretation, this conflict was centered on anticipated benefits from fencing livestock rather than on class, cultural, or ideological differences. Kantor proves that the stock law brought economic benefits; at the same time, he analyzes why the law's adoption was hindered in many areas where it would have increased wealth. This argument illuminates the dynamics of real-world institutional change, where transactions are often costly and where some inefficient institutions persist while others give way to economic growth.
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Politics and the Constitution in the History of the United States
William W. Crosskey
University of Chicago Press, 1980
When the first two volumes of William Crosskey's monumental study of the Constitution appeared in 1953, Arthur M. Schlesinger called it "perhaps the most fertile commentary on that document since The Federalist papers." It was highly controversial as well. The work was a comprehensive reassessment of the meaning of the Constitution, based on examination of eighteenth-century usages of key political and legal concepts and terms. Crosskey's basic thesis was that the Founding Fathers truly intended a government with plenary, nationwide powers, and not, as in the received views, a limited federalism.

This third volume of Politics and the Constitution, which Crosskey began and William Jeffrey has finished, treats political activity in the period 1776-87, and is in many ways the heart of the work as Crosskey conceived it. In support of the lexicographic analysis of volumes 1 and 2, volume 3 shows that nationalist ideas and sentiments were a powerful force in American public opinion from the Revolution to the eve of the Constitutional Convention. The creation of a generally empowered national government in Philadelphia, it is argued, was the fruition of a long-active political movement, not the unintended or accidental result of a temporary conservative coalition.

This view of the political background of the Constitutional Convention directly challenges the Madisonian-Jeffersonian orthodoxy on the subject. In support of his interpretation, Crosskey amassed a wealth of primary source materials, including heretofore unexplored pamphlets and newspapers. This exhaustive research makes this unique work invaluable for scholars of the period, both for the primary sources collected as well as for the provocative interpretation offered.
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Politics in the United Nations System
Lawrence S. Finkelstein, ed.
Duke University Press, 1988
Politics in the United Nations reflects the predominant discord and occasional convergence among the members of the UN system as they view the international problems of our times through lenses of their geographic, historical, ideological, religious, and ethnic diversity.

The contributors to this book describe how, since the United Nations was founded more than forty years ago, the UN system has changed to accommodate the varied interests of its members.

[more]

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The Politics of Annihilation
A Genealogy of Genocide
Benjamin Meiches
University of Minnesota Press, 2019

How did a powerful concept in international justice evolve into an inequitable response to mass suffering?

For a term coined just seventy-five years ago, genocide has become a remarkably potent idea. But has it transformed from a truly novel vision for international justice into a conservative, even inaccessible term? The Politics of Annihilation traces how the concept of genocide came to acquire such significance on the global political stage. In doing so, it reveals how the concept has been politically contested and refashioned over time. It explores how these shifts implicitly impact what forms of mass violence are considered genocide and what forms are not. 

Benjamin Meiches argues that the limited conception of genocide, often rigidly understood as mass killing rooted in ethno-religious identity, has created legal and political institutions that do not adequately respond to the diversity of mass violence. In his insistence on the concept’s complexity, he does not undermine the need for clear condemnations of such violence. But neither does he allow genocide to become a static or timeless notion. Meiches argues that the discourse on genocide has implicitly excluded many forms of violence from popular attention including cases ranging from contemporary Botswana and the Democratic Republic of Congo, to the legacies of colonial politics in Haiti, Canada, and elsewhere, to the effects of climate change on small island nations. 

By mapping the multiplicity of forces that entangle the concept in larger assemblages of power, The Politics of Annihilation gives us a new understanding of how the language of genocide impacts contemporary political life, especially as a means of protesting the social conditions that produce mass violence.

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The Politics of Community Policing
Rearranging the Power to Punish
William Lyons
University of Michigan Press, 2002
In this in-depth examination of community policing in Seattle, William T. Lyons, Jr. explores the complex issues associated with the establishment and operation of community policing, an increasingly popular method for organizing law enforcement in this country.
Stories about community policing appeal to a nostalgic vision of traditional community life. Community policing carries with it the image of a safe community in which individual citizens and businesses are protected by police they know and who know them and their needs. However, it also carries an image of community based in partnerships that exclude the least advantaged, strengthen the police, and are limited to targeting those disorders feared by more powerful parts of the community and most amenable to intervention by professional law enforcement agencies.
The author argues that the politics of community policing are found in the construction of competing and deeply contested stories about community and the police in environments characterized by power inbalances. Community policing, according to the author, colonizes community life, increasing the capacity of the police department to shield itself from criticism, while manifesting the potential for more democratic forms of social control as evidenced by police attention to individual rights and to impartial law enforcement.
This book will be of interest to sociologists and political scientists interested in the study of community power and local politics as well as criminologists interested in the study of police.
William T. Lyons, Jr. is Assistant Professor of Political Science, University of Akron. He previously worked for the Seattle Police Department.
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The Politics of Corruption
Organized Crime in an American City
John A. Gardiner
Russell Sage Foundation, 1970
Discusses actual corrupt practices in one small city, showing both the mechanisms of corruption and the fundamental questions they raise, the answers to which will apply in many cities. He describes the background and conditions that made it possible for a local syndicate to take over an Eastern industrial center, "Wincanton." He discusses the many factors which permitted the take-over, stressing the citizens' lack of concern about links between petty gambling and the undermining of their local government.
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The Politics of Ecology
Land, Life, and Law in Medieval Britain
Randy P. Schiff and Joseph Taylor
The Ohio State University Press, 2016
If medieval literary studies is, like so many fields, currently conditioned by an ecological turn that dislodges the human from its central place in materialist analysis, then why now focus on the law? Is not the law the most human, if not indeed the human, institution? In proposing that all life in medieval Britain, whether animal or vegetable, was subject to the same legal machine that enabled claims on land, are we not ignoring the ecocritical demand that we counteract human exceptionalism and reframe the past with inhuman eyes?
 
This volume, edited by Randy P. Schiff and Joseph Taylor, presents a diverse and stimulating group of interconnected essays that respond to these questions by infusing biopolitical material and theory into ecocentric studies of medieval life. The Politics of Ecology: Land, Life, and Law in Medieval Britain pursues the political power of sovereign law as it disciplines and manages various forms of natural life, and discloses the literary biopolitics played out in texts that work out the fraught interactions of life and law, in all its forms. Contributors to this volume explore such issues as legal networks and death, Arthurian bare life, Chaucerian medical biopolitics, the biopolitics of fur, ecologies of sainthood, arboreal political theology, conservation and political ecology, and geographical melancholy.
 
Bringing together both established and rising critical voices, The Politics of Ecology creates a place for cutting-edge medievalist ecocriticism focused on the intersections of land, life, and law in medieval English, French, and Latin literature.
 
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The Politics of Fiscal Privilege in Provence, 1530s-1830s
Rafe Blaufarb
Catholic University of America Press, 2012
Rafe Blaufarb examines the interwoven problems of taxation and social privilege in this treatment of the contention over fiscal privilege between the seigneurial nobility and the tax-payers of Provence
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The Politics of Intimacy
Rethinking the End-of-Life Controversy
Anna Durnová
University of Michigan Press, 2018

Debates on the end-of-life controversy are complex because they seem to highjack national and cultural traditions. Where previous books have focused on ideological grounds, The Politics of Intimacy explores dying as the site where policies are negotiated and implemented. Intimacy comprises the emotional experience of the end of life and how we acknowledge it—or not—through institutions. This process shows that end-of-life controversy relies on the conflict between the individual and these institutions, a relationship that is the cornerstone of Western liberal democracies.

Through interviews with mourners, stakeholders, and medical professionals, examination of media debates in France and the Czech Republic, Durnová shows that liberal institutions, in their attempts to accommodate the emotional experience at the end of life, ultimately fail. She describes this deadlock as the “politics of intimacy,” revealing that political institutions deploy power through collective acknowledgment of individual emotions but fail to maintain this recognition because of this same experience.

[more]

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The Politics of Islamic Law
Local Elites, Colonial Authority, and the Making of the Muslim State
Iza R. Hussin
University of Chicago Press, 2016
In The Politics of Islamic Law, Iza Hussin compares India, Malaya, and Egypt during the British colonial period in order to trace the making and transformation of the contemporary category of ‘Islamic law.’ She demonstrates that not only is Islamic law not the shari’ah, its present institutional forms, substantive content, symbolic vocabulary, and relationship to state and society—in short, its politics—are built upon foundations laid during the colonial encounter.
           
Drawing on extensive archival work in English, Arabic, and Malay—from court records to colonial and local papers to private letters and visual material—Hussin offers a view of politics in the colonial period as an iterative series of negotiations between local and colonial powers in multiple locations. She shows how this resulted in a paradox, centralizing Islamic law at the same time that it limited its reach to family and ritual matters, and produced a transformation in the Muslim state, providing the frame within which Islam is articulated today, setting the agenda for ongoing legislation and policy, and defining the limits of change. Combining a genealogy of law with a political analysis of its institutional dynamics, this book offers an up-close look at the ways in which global transformations are realized at the local level. 
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The Politics of Piracy
Crime and Civil Disobedience in Colonial America
Douglas R. Burgess
University Press of New England, 2014
The seventeenth-century war on piracy is remembered as a triumph for the English state and her Atlantic colonies. Yet it was piracy and illicit trade that drove a wedge between them, imperiling the American enterprise and bringing the colonies to the verge of rebellion. In The Politics of Piracy, competing criminalities become a lens to examine England’s legal relationship with America. In contrast to the rough, unlettered stereotypes associated with them, pirates and illicit traders moved easily in colonial society, attaining respectability and even political office. The goods they provided became a cornerstone of colonial trade, transforming port cities from barren outposts into rich and extravagant capitals. This transformation reached the political sphere as well, as colonial governors furnished local mariners with privateering commissions, presided over prize courts that validated stolen wares, and fiercely defended their prerogatives as vice-admirals. By the end of the century, the social and political structures erected in the colonies to protect illicit trade came to represent a new and potent force: nothing less than an independent American legal system. Tensions between Crown and colonies presage, and may predestine, the ultimate dissolution of their relationship in 1776. Exhaustively researched and rich with anecdotes about the pirates and their pursuers, The Politics of Piracy will be a fascinating read for scholars, enthusiasts, and anyone with an interest in the wild and tumultuous world of the Atlantic buccaneers.
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Politics of Religious Freedom
Edited by Winnifred Fallers Sullivan, Elizabeth Shakman Hurd, Saba Mahmood, and Peter G. Danchin
University of Chicago Press, 2015
In a remarkably short period of time, the realization of religious freedom has achieved broad consensus as an indispensable condition for peace. Faced with widespread reports of religious persecution, public and private actors around the world have responded with laws and policies designed to promote freedom of religion. But what precisely is being promoted? What are the cultural and epistemological assumptions underlying this response, and what forms of politics are enabled in the process?
           
The fruits of the three-year Politics of Religious Freedom research project, the contributions to this volume unsettle the assumption—ubiquitous in policy circles—that religious freedom is a singular achievement, an easily understood state of affairs, and that the problem lies in its incomplete accomplishment. Taking a global perspective, the more than two dozen contributors delineate the different conceptions of religious freedom predominant in the world today, as well as their histories and social and political contexts. Together, the contributions make clear that the reasons for persecution are more varied and complex than is widely acknowledged, and that the indiscriminate promotion of a single legal and cultural tool meant to address conflict across a wide variety of cultures can have the perverse effect of exacerbating the problems that plague the communities cited as falling short.
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The Politics of Rights
Lawyers, Public Policy, and Political Change
Stuart A. Scheingold
University of Michigan Press, 2004
Stuart A. Scheingold's landmark work introduced a new understanding of the contribution of rights to progressive social movements, and thirty years later it still stands as a pioneering and provocative work, bridging political science and sociolegal studies. In the preface to this new edition, the author provides a cogent analysis of the burgeoning scholarship that has been built on the foundations laid in his original volume. A new foreword from Malcolm Feeley of Berkeley's Boalt Hall School of Law traces the intellectual roots of The Politics of Rights to the classic texts of social theory and sociolegal studies.

"Scheingold presents a clear, thoughtful discussion of the ways in which rights can both empower and constrain those seeking change in American society. While much of the writing on rights is abstract and obscure, The Politics of Rights stands out as an accessible and engaging discussion."
-Gerald N. Rosenberg, University of Chicago

"This book has already exerted an enormous influence on two generations of scholars. It has had an enormous influence on political scientists, sociologists, and anthropologists, as well as historians and legal scholars. With this new edition, this influence is likely to continue for still more generations. The Politics of Rights has, I believe, become an American classic."
-Malcolm Feeley, Boalt Hall School of Law, University of California, Berkeley, from the foreword

Stuart A. Scheingold is Professor Emeritus of Political Science at the University of Washington.

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The Politics of Virtue
Is Abortion Debatable?
Elizabeth Mensch and Alan Freeman
Duke University Press, 1993
Fiercely committed to the separation of church and state, thoroughly pluralistic, largely secular: Where does a society like ours find common terms for conducting a moral debate? In view of the crises surrounding the issue of abortion, it is tempting to answer: nowhere. In this timely and provocative book, Elizabeth Mensch and Alan Freeman urge that we challenge the extremes of both the "pro-life" and "pro-choice" views of the abortion issue and affirm the moral integrity of compromise. Attempting to restore a level of complexity to the discussion and to enrich public debate so that we may move beyond our current impasse, the authors argue that it is essential to understand how issues of legal "rights" and theological concerns interact in American public debate.
Returning to the years leading up to Roe v. Wade, Mensch and Freeman detail the role of religion and its relationship to the emerging politics of abortion. Discussing primarily the natural law tradition associated with Catholicism and the Protestant ethical tradition, the authors focus most sharply on the 1960s in which the present terms of the abortion debate were set. In a skillful analysis, they identify a variety of factors that directed and shaped the debate--including, among others, the haunting legacy of Nazism, the moral challenge of the civil rights movement, the "God is dead" discourse, school prayer and Bible reading, Harvey Cox's The Secular City, the Berrigans and Vietnam, the animal rights movement, and the movement of the church-going population away from mainstream Protestant tradition toward evangelical fundamentalism. By criticizing the rhetoric employed by both the "pro-choice" and "pro-life" camps, Mensch and Freeman reveal the extent to which forces on either side of the issue have failed to respond to relevant concerns. Since Roe v. Wade, the authors charge, public debate has seemed to concede the moral high ground to the "pro-life" position, while the "pro-choice" rhetoric has appeared to defend an individual's legal right to do moral wrong. Originally published as a special issue of The Georgia Law Review (Spring 1991), this revised and expanded edition will be welcomed by all those frustrated by the impasse of debates so central to our nation's moral life.
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Pollution, Politics, and Power
The Struggle for Sustainable Electricity
Thomas O. McGarity
Harvard University Press, 2019

The electric power industry has been transformed over the past forty years, becoming more reliable and resilient while meeting environmental goals. A big question now is how to prevent backsliding.

Pollution, Politics, and Power tells the story of the remarkable transformation of the electric power industry over the last four decades. Electric power companies have morphed from highly polluting regulated monopolies into competitive, deregulated businesses that generate, transmit, and distribute cleaner electricity. Power companies are investing heavily in natural gas and utility-scale renewable resources and have stopped building new coal-fired plants. They facilitate end-use efficiency and purchase excess electricity produced by rooftop solar panels and backyard wind turbines, helping to reduce greenhouse-gas emissions.

But these beneficial changes have come with costs. The once-powerful coal industry is on the edge of ruin, with existing coal-fired plants closing and coal mines shutting down. As a result, communities throughout Appalachia suffer from high unemployment and reduced resources, which have exacerbated a spiraling opioid epidemic. The Trump administration’s efforts to revive the coal industry by scaling back environmental controls and reregulating electricity prices have had little effect on the coal industry’s decline.

Major advances therefore come with warning signs, which we must heed in charting the continuing course of sustainable electricity. In Pollution, Politics, and Power, Thomas O. McGarity examines the progress made, details lessons learned, and looks to the future with suggestions for building a more sustainable grid while easing the economic downsides of coal’s demise.

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Polygamy in Primetime
Media, Gender, and Politics in Mormon Fundamentalism
Janet Bennion
Brandeis University Press, 2012
Recently, polygamy has become a “primetime” phenomenon. Television shows like Big Love and Sister Wives demonstrate the “progressive” side of polygamy, while horror stories from victims of abusive marriages offer less upbeat experiences among the adherents of the fundamentalist Church of Jesus Christ of Latter Day Saints (FLDS Church). Bennion, herself a product of Mormon polygamy, seeks to dispel the myths and misinformation that surround this topic. This study, based on seventeen years of ethnographic research among the Allred Group (Apostolic United Brethren) and on an analysis of recent blog journal entries written by a range of polygamous women, examines the variety and complexity of contemporary Mormon fundamentalist life in the Intermountain West. Although Bennion highlights problems associated with polygamy, including evidence that some forms are at high risk for father-child incest, she challenges the media-driven depiction of plural marriage as uniformly abusive and harmful to women. She shows how polygamist families can provide both economic security and social sustenance for some women, and how the authority of the husband can be undermined by the stresses of providing for multiple wives and children. Going beyond the media’s obsession with the sexual aspects of polygamous marriage, Bennion offers a rich description of familial, social, and legal contexts. Throughout, she makes the case for legalizing polygamy in order to allow greater visibility and regulation of the practice.
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Polyphonic Federalism
Toward the Protection of Fundamental Rights
Robert A. Schapiro
University of Chicago Press, 2009

The relationship between the states and the national government is among the most contested issues in the United States. And questions about where power should reside, how decisions should be made, and how responsibility should be allocated have been central to the American experiment in federalism. In Polyphonic Federalism, Robert A. Schapiro defends the advantages of multiple perspectives in government, arguing that the resulting “polyphony” creates a system that is more efficient, democratic, and protective of liberties.

This groundbreaking volume contends that contemporary views of federalism are plagued by outmoded dualist notions that seek to separate state and federal authority. Instead, Schapiro proposes a polyphonic model that emphasizes the valuable interaction of state and federal law, one that more accurately describes the intersecting realities of local and national power. Through an analysis of several legal and policy debates, Polyphonic Federalism demonstrates how a multifaceted government can best realize the potential of federalism to protect fundamental rights.

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Pop Song Piracy
Disobedient Music Distribution since 1929
Barry Kernfeld
University of Chicago Press, 2011
The music industry’s ongoing battle against digital piracy is just the latest skirmish in a long conflict over who has the right to distribute music. Starting with music publishers’ efforts to stamp out bootleg compilations of lyric sheets in 1929, Barry Kernfeld’s Pop Song Piracy details nearly a century of disobedient music distribution from song sheets to MP3s.
 
In the 1940s and ’50s, Kernfeld reveals, song sheets were succeeded by fake books, unofficial volumes of melodies and lyrics for popular songs that were a key tool for musicians. Music publishers attempted to wipe out fake books, but after their efforts proved unsuccessful they published their own. Pop Song Piracy shows that this pattern of disobedience, prohibition, and assimilation recurred in each conflict over unauthorized music distribution, from European pirate radio stations to bootlegged live shows. Beneath this pattern, Kernfeld argues, there exists a complex give and take between distribution methods that merely copy existing songs (such as counterfeit CDs) and ones that transform songs into new products (such as file sharing). Ultimately, he contends, it was the music industry’s persistent lagging behind in creating innovative products that led to the very piracy it sought to eliminate.
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The Popular Policeman and Other Cases
Psychological Perspectives on Legal Evidence
W. A. Wagenaar and H. F. M. Crombag
Amsterdam University Press, 2005
The role of psychologists, both in the courtroom and at the crime scene, is rapidly expanding. Surveying a wide range of international court cases, The Popular Policeman and Other Cases explores the critical—and often misunderstood—intersection of psychology and law.
The authors, both expert psychologists with extensive experience in the courtroom, are quite familiar with the fundamental differences between the law and psychology as an empirical science. As well as dealing with well-known and controversial issues such as recovered memories or false confessions, The Popular Policeman and Other Cases examines a variety of less traditional criminal topics, including illegal gambling, trademark litigation, and the perils of risky courtship behavior. Each chapter reviews an actual case, appraises the relevant scientific research, and then demonstrates how psychological insights were introduced within the courtroom. The authors conclude by noting the outcome of each case—and how their research played a role in the decision.
With its detailed investigation of the complex links between psychological research and its eventual application in the courtroom, The Popular Policeman and Other Cases fills a critical vacancy. It is virtually impossible for researchers to make significant progress within the field of law and psychology without experience as expert witnesses in actual trials. This casebook will be essential for their studies.
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Popular Sovereignty and the Crisis of German Constitutional Law
The Theory and Practice of Weimar Constitutionalism
Peter C. Caldwell
Duke University Press, 1997
Popular Sovereignty and the Crisis of German Constitutional Law is a historical analysis of competing doctrines of constitutional law during the Weimar Republic. It chronicles the creation of a new constitutional jurisprudence both adequate to the needs of a modern welfare state and based on the principle of popular sovereignty. Peter C. Caldwell explores the legal nature of democracy as debated by Weimar’s political theorists and constitutional lawyers. Laying the groundwork for questions about constitutional law in today’s Federal Republic, this book draws clear and insightful distinctions between strands of positivist and anti-positivist legal thought, and examines their implications for legal and political theory.
Caldwell makes accessible the rich literature in German constitutional thought of the Weimar period, most of which has been unavailable in English until now. On the liberal left, Hugo Preuss and Hans Kelsen defended a concept of democracy that made the constitution sovereign and, in a way, created the "Volk" through constitutional procedure. On the right, Carl Schmitt argued for a substantial notion of the "Volk" that could overrule constitutional procedure in a state of emergency. Rudolf Smend and Heinrich Triepel located in the constitution a set of inviolable values of the political community, while Hermann Heller saw in it a guarantee of substantial social equality. Drawing on the work of these major players from the 1920s, Caldwell reveals the various facets of the impassioned constitutional struggles that permeated German legal and political culture during the Weimar Republic.
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Popular Trials
Rhetoric, Mass Media, and the Law
Robert Hariman
University of Alabama Press, 1993

Contemporary scholarship illustrates the law’s increasingly powerful role in American life; legal education, in turn, has focused on the problems and techniques of communication. This book addresses these interests through critical study of eight popular trials: the 17th-century trial of Dr. Henry Sacheverell, and the 20th-century trials of Scopes, the Rosenbergs, the Chicago Seven, the Catonsville Nine, John Hinckley, Claus von Bulow, and San Diego Mayor Larry Hedgecock. Such trials spark major public debates, become symbols of public life, and legitimize particular beliefs and institutions. Despite high visibility and drama, however, the popular trial has not received sufficient study as persuasive event. Lying at the intersection of the institutional practices of law and the mass media, the popular trial has confounded study according to the conventional assumptions of scholarship in both law and communication studies.

            This volume defines popular trials as a genre of public communication, a genre that includes trials unusually prominent within public discourse. Further, popular trials are often characterize by special media presentations through televised coverage of the trial itself and news analysis, intense audience identification with the principal actors, and political and social consequences independent of the legal action. The essays in this volume stress the rhetorical functions of popular trials. Contributors in addition to the editor include Lawrance M. Bernabo, Barry Brummett, Celeste Michelle Condit, Juliet Dee, Susan J. Drucker, J. Justin Gustainis, Janice Platt Hunold, William Lewis, John Louis Lucaites, and Larry A. Williamson.
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Populations, Public Health, and the Law
Wendy E. Parmet
Georgetown University Press, 2011

Law plays a crucial role in protecting the health of populations. Whether the public health threat is bioterrorism, pandemic influenza, obesity, or lung cancer, law is an essential tool for addressing the problem. Yet for many decades, courts and lawyers have frequently overlooked law’s critical importance to public health. Populations, Public Health, and the Law seeks to remedy that omission. The book demonstrates why public health protection is a vital objective for the law and presents a new population-based approach to legal analysis that can help law achieve its public health mission while remaining true to its own core values.

By looking at a diverse range of topics, including food safety, death and dying, and pandemic preparedness, Wendy E. Parmet shows how a population-based legal analysis that recalls the importance of populations and uses the tools of public health can enhance legal decision making while protecting both public health and the rights and liberties of individuals and their communities.

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Pornography and the Justices
The Supreme Court and the Intractable Obscenity Problem
Richard F. Hixson
Southern Illinois University Press, 1996

Discussing Supreme Court decisions regarding obscenity, Richard F. Hixson highlights the views of Justices William J. Brennan and John Paul Stevens, borrows from the pioneer decisions of Judge Learned Hand, and consults the work of contemporary First Amendment scholars; finally, though, he relies not on public debate or political machinations but on the justices’ own published opinions, which are, as he says, "the most tantalizing documents of all."

Hixson proceeds chronologically through eleven chapters, with each chapter featuring a specific aspect of the constitutional problem and the approach or solution espoused by a particular justice. Through his case-by-case analysis of the many Supreme Court obscenity rulings, Hixson relates each decision to the temper of the times.

In this investigation of the Supreme Court’s dealings with obscenity, Hixson asks—and answers in detail—a series of pertinent questions. Do Congressional politics and public opinion prejudice the Court’s ability to interpret the Constitution fairly? Must adults be treated the same as children? What are the limits, if any, of "content restriction" on obscene materials? How much "expressive activity" is, or should be, protected by the First Amendment? Does pornography discriminate against women? How protective of the individual can the Supreme Court be and, at the same time, allow as many voices as possible to be heard?

Pornography and the Justices differs from other studies of pornography in its unique focus and its fresh conclusion, which is a composite of views garnered from the Supreme Court justices. As long as there is ample protection of minors and nonconsenting adults, Hixson argues, obscenity should be up to the individual. Separating himself from others who have discussed the issue, Hixson contends that the freedom to speak is as important as the freedom to be heard: it is essential to be able to speak whether or not anyone is listening.

For Hixson, the clear trajectory of Supreme Court opinions implies that the freedom to purchase obscene pornographic matter should be restricted only by time, place, and manner considerations. If a person wants pornography, he or she should be able to get it, albeit perhaps from a higher shelf, in a secluded room, or at a theater clearly marked for adults.

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Portraits of Justice
The Wisconsin Supreme Court's First 150 Years
Trina E. Gray
Wisconsin Historical Society Press, 2003
First published in 1998 to commemorate the sesquicentennial of Wisconsin statehood, this book has been updated to mark the Wisconsin Supreme Court's 150th anniversary and the 125th anniversary of the State Bar of Wisconsin, both celebrated in 2003. It contains profiles of all those who have served as Wisconsin Supreme Court justices and a new introduction by Chief Justice Abrahamson summarizing the court's history and its vision for the future. This book is an excellent reference for students, attorneys, and all interested in the state's legal history.
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Possessing the Pacific
Land, Settlers, and Indigenous People from Australia to Alaska
Stuart Banner
Harvard University Press, 2007

During the nineteenth century, British and American settlers acquired a vast amount of land from indigenous people throughout the Pacific, but in no two places did they acquire it the same way. Stuart Banner tells the story of colonial settlement in Australia, New Zealand, Fiji, Tonga, Hawaii, California, Oregon, Washington, British Columbia, and Alaska. Today, indigenous people own much more land in some of these places than in others. And certain indigenous peoples benefit from treaty rights, while others do not. These variations are traceable to choices made more than a century ago—choices about whether indigenous people were the owners of their land and how that land was to be transferred to whites.

Banner argues that these differences were not due to any deliberate land policy created in London or Washington. Rather, the decisions were made locally by settlers and colonial officials and were based on factors peculiar to each colony, such as whether the local indigenous people were agriculturalists and what level of political organization they had attained. These differences loom very large now, perhaps even larger than they did in the nineteenth century, because they continue to influence the course of litigation and political struggle between indigenous people and whites over claims to land and other resources.

Possessing the Pacific is an original and broadly conceived study of how colonial struggles over land still shape the relations between whites and indigenous people throughout much of the world.

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The Possibility of Popular Justice
A Case Study of Community Mediation in the United States
Sally Engle Merry and Neal Milner, Editors
University of Michigan Press, 1995
"The Possibility of Popular Justice is essential reading for scholars and practitioners of community mediation and should be very high on the list of anyone seriously concerned with dispute resolution in general. The book offers many rewards for the advanced student of law and society studies." --Law and Politics Book Review
"These immensely important articles--fifteen in all--take several academic perspectives on the [San Francisco Community Boards] program's diverse history, impact, and implications for 'popular justice.' These articles will richly inform the program, polemical, and political perspectives of anyone working on 'alternative programs' of any sort." -- IARCA Journal
"Few collections are so well integrated, analytically penetrating, or as readable as this fascinating account. It is a 'must read' for anyone interested in community mediation." --William M. O'Barr, Duke University
"You do not have to be involved in mediation to appreciate this book. The authors use the case as a launching pad to evaluate the possibilities and 'impossibilities' of building community in complex urban areas and pursuing popular justice in the shadow of state law." --Deborah M. Kolb, Harvard Law School and Simmons College
Sally Engle Merry is Professor of Anthropology, Wellesley College. Neal Milner is Professor of Political Science and Director of the Program on Conflict Resolution, University of Hawaii.
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A Pound of Flesh
Monetary Sanctions as Punishment for the Poor
Alexes Harris
Russell Sage Foundation, 2016

Over seven million Americans are either incarcerated, on probation, or on parole, with their criminal records often following them for life and affecting access to higher education, jobs, and housing. Court-ordered monetary sanctions that compel criminal defendants to pay fines, fees, surcharges, and restitution further inhibit their ability to reenter society. In A Pound of Flesh, sociologist Alexes Harris analyzes the rise of monetary sanctions in the criminal justice system and shows how they permanently penalize and marginalize the poor. She exposes the damaging effects of a little-understood component of criminal sentencing and shows how it further perpetuates racial and economic inequality.

Harris draws from extensive sentencing data, legal documents, observations of court hearings, and interviews with defendants, judges, prosecutors, and other court officials. She documents how low-income defendants are affected by monetary sanctions, which include fees for public defenders and a variety of processing charges. Until these debts are paid in full, individuals remain under judicial supervision, subject to court summons, warrants, and jail stays. As a result of interest and surcharges that accumulate on unpaid financial penalties, these monetary sanctions often become insurmountable legal debts which many offenders carry for the remainder of their lives. Harris finds that such fiscal sentences, which are imposed disproportionately on low-income minorities, help create a permanent economic underclass and deepen social stratification.

A Pound of Flesh delves into the court practices of five counties in Washington State to illustrate the ways in which subjective sentencing shapes the practice of monetary sanctions. Judges and court clerks hold a considerable degree of discretion in the sentencing and monitoring of monetary sanctions and rely on individual values—such as personal responsibility, meritocracy, and paternalism—to determine how much and when offenders should pay. Harris shows that monetary sanctions are imposed at different rates across jurisdictions, with little or no state government oversight. Local officials’ reliance on their own values and beliefs can also push offenders further into debt—for example, when judges charge defendants who lack the means to pay their fines with contempt of court and penalize them with additional fines or jail time.

A Pound of Flesh provides a timely examination of how monetary sanctions permanently bind poor offenders to the judicial system. Harris concludes that in letting monetary sanctions go unchecked, we have created a two-tiered legal system that imposes additional burdens on already-marginalized groups.

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Poverty, Law, and Divine Justice in Persian and Hellenistic Judah
Johannes Unsok Ro
SBL Press, 2018

A view of Persian and Hellenistic Judean communities through theological and socioeconomic lenses

Johannes Unsok Ro employs philological, historical, and sociological approaches to investigate the close connections between socioeconomic structures, social inequality, and theological developments in the Judean communities in Persian- and Hellenistic-era Palestine. Ro contends that competing points of view from communities of lay returnees, priestly returnees, and communities of resident Judeans and Samaritans were juxtaposed within the Hebrew Bible, which took shape during the postexilic period. By exploring issues such as the relationship between the shaping of the canon and literacy in the Judean community, the term strangers in the biblical law codes, the socioeconomic structures of Judean communities reflected in the biblical law codes, the development of the theological concept of divine punitive justice, the piety of the poor in certain psalms, and the concept of poverty in the Dead Sea Scrolls, Ro illustrates that the communities behind each text and its redactions can be ascertained through sociological and theological lenses.

Features

  • Demonstration that a theology of the poor materialized orally among the poor but found written expression among Levites
  • Insight into the socioeconomic and theological concerns of the authorial groups behind various biblical law codes
  • A case that biblical “poverty” sometimes refers to humility and a theologically reflected consciousness of lowliness toward God
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The Poverty Law Canon
Exploring the Major Cases
Marie A. Failinger and Ezra Rosser, Editors
University of Michigan Press, 2016
The Poverty Law Canon takes readers into the lives of the clients and lawyers who brought critical poverty law cases in the United States. These cases involved attempts to establish the right to basic necessities, as well as efforts to ensure dignified treatment of welfare recipients and to halt administrative attacks on federal program benefit levels. They also confronted government efforts to constrict access to justice, due process, and rights to counsel in child support and consumer cases, social welfare programs, and public housing. By exploring the personal narratives that gave rise to these lawsuits as well as the behind-the-scenes dynamics of the Supreme Court, the text locates these cases within the social dynamics that shaped the course of litigation.
 
Noted legal scholars explain the legal precedent created by each case and set the case within its historical and political context in a way that will assist students and advocates in poverty-related disciplines in their understanding of the implications of these cases for contemporary public policy decisions in poverty programs. Whether the focus is on the clients, on the lawyers, or on the justices, the stories in The Poverty Law Canon illuminate the central legal themes in federal poverty law of the late 20th century and the role that racial and economic stereotyping plays in shaping American law.
 
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Power / Knowledge / Land
Contested Ontologies of Land and Its Governance in Africa
Laura A. German
University of Michigan Press, 2022

The 2008 outcry over the “global land grab” made headlines around the world, leading to a sustained interest in the dynamics and fate of customary land among both academics and development practitioners. In Power/Knowledge/Land, author Laura German profiles the consolidation of a global knowledge regime surrounding land and its governance within international development circles in the decade following this outcry, and the growing enrollment of previously antagonistic actors within it. Drawing theoretical insights on the inseparability of power and knowledge, German reveals the dynamics of knowledge practices that have enabled the longstanding project of commodifying customary land – and the more contemporary interests in acquiring and financializing it – to be advanced and legitimated by capturing the energies of socially progressive forces. By bringing theories of change from the emergent land governance orthodoxy into dialogue with the ethnographic evidence from across the African continent and beyond, concepts masquerading as universal and self-evident truths are provincialized, and their role in commodifying customary land and entrenching colonial futurities put on display. In doing so, the volume brings wider academic debates surrounding productive forms of power into the heart of the land grab debate, while enhancing their accessibility to a wider audience.

Power/Knowledge/Land takes current scholarly debates surrounding land grabs beyond their theoretical moorings in critical agrarian studies, political economy and globalization into contemporary debates surrounding the politics of knowledge—from theories of coloniality to ontological anthropology, thereby enabling new dynamics of the phenomenon to be revealed. The book deploys a pioneering epistemology integrating deconstructionist approaches (to reveal the tactics, truth claims and ontological assumptions of global knowledge brokers), with systematic qualitative reviews and comparative study (to contrast these dominant constructs with the evidence and reveal alternative ways of knowing “land” and practicing “security” from the ethnographic literature). This helps to reveal the Western and modernist biases in the narratives that have been advanced about women, custom, and security, revealing how the coloniality of knowledge works to grease the wheels of land takings by advancing highly provincialized constructs aligned with western interests as universal truths.

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The Power of Judges
David Neuberger and Peter Riddell
Haus Publishing, 2018
To the vast majority of the English public, the role of the United Kingdom’s Supreme Court has often been distant and incomprehensible, its judges a caste apart from society. The Power of Judges ends this mystery, exploring the fundamental concept of justice and explaining the main functions of the courts, the challenges they face, and the complexity of the judicial system.

In this lucid account of the judiciary, David Neuberger and Peter Riddell lead us through an array of topics both philosophical and logistical, including the relationships between morality and law and between Parliament and the judiciary. They explain the effects of cuts in legal aid and shed light on complex and controversial subjects like assisted dying and the complexities of combating mass terrorism while protecting personal liberty. Given that many of these issues span national borders, the book also compares the United Kingdom’s legal system with its counterparts in the United States and Germany.

Full of insights, The Power of Judges is an informative and accessible account of the United Kingdom’s judicial system, its contribution to running the country, and the challenges it faces—including the many threats to its effectiveness.
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Power to Dissolve
Lawyers and Marriages in the Courts of the Roman Curia
John T. Noonan Jr.
Harvard University Press, 1972

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The Powers of War and Peace
The Constitution and Foreign Affairs after 9/11
John Yoo
University of Chicago Press, 2005
Since the September 11 attacks on the United States, the Bush administration has come under fire for its methods of combating terrorism. Waging war against al Qaeda has proven to be a legal quagmire, with critics claiming that the administration's response in Afghanistan and Iraq is unconstitutional. The war on terror—and, in a larger sense, the administration's decision to withdraw from the ABM Treaty and the Kyoto accords—has many wondering whether the constitutional framework for making foreign affairs decisions has been discarded by the present administration.

John Yoo, formerly a lawyer in the Department of Justice, here makes the case for a completely new approach to understanding what the Constitution says about foreign affairs, particularly the powers of war and peace. Looking to American history, Yoo points out that from Truman and Korea to Clinton's intervention in Kosovo, American presidents have had to act decisively on the world stage without a declaration of war. They are able to do so, Yoo argues, because the Constitution grants the president, Congress, and the courts very different powers, requiring them to negotiate the country's foreign policy. Yoo roots his controversial analysis in a brilliant reconstruction of the original understanding of the foreign affairs power and supplements it with arguments based on constitutional text, structure, and history.

Accessibly blending historical arguments with current policy debates, The Powers of War and Peace will no doubt be hotly debated. And while the questions it addresses are as old and fundamental as the Constitution itself, America's response to the September 11 attacks has renewed them with even greater force and urgency.

“Can the president of the United States do whatever he likes in wartime without oversight from Congress or the courts? This year, the issue came to a head as the Bush administration struggled to maintain its aggressive approach to the detention and interrogation of suspected enemy combatants in the war on terrorism. But this was also the year that the administration’s claims about presidential supremacy received their most sustained intellectual defense [in] The Powers of War and Peace.”—Jeffrey Rosen, New York Times

“Yoo’s theory promotes frank discussion of the national interest and makes it harder for politicians to parade policy conflicts as constitutional crises. Most important, Yoo’s approach offers a way to renew our political system’s democratic vigor.”—David B. Rivkin Jr. and Carlos Ramos-Mrosovsky, National Review

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The Powers That Be
Rethinking the Separation of Powers
Hans Martien ten Napel
Amsterdam University Press, 2016
Both democratic legitimacy and the separation of powers as concepts have very much evolved alongside the state and over the last decades the state has been giving up ground to other power holders, particularly international (and even supranational) actors. This brings up the question of whether the combination of these concepts is still viable outside a traditional state context, and if so, in what form? This is the central question the current volume seeks to answer. In 2013 Christoph Möllers published his impressive monograph, The Three Branches; A Comparative Model of Separation of Powers. This inspirational book led to the idea to pitch it against both the agenda of us as researchers of the Institute of Public Law at Leiden Law School (resulting from a 2012 conference) and our own insights, as well as that of fellow travellers in the field.
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The Powers that Punish
Prison and Politics in the Era of the "Big House", 1920-1955
Charles Bright
University of Michigan Press, 1996

In a pathbreaking study of a major state prison, Michigan's Jackson State Penitentiary during the middle years of this century, Charles Bright addresses several aspects of the history and theory of punishment. The study is an institutional history of an American penitentiary, concerned with how a carceral regime was organized and maintained, how prisoners were treated and involved in the creation of a regime of order and how penal practices were explained and defended in public. In addition, it is a meditation upon punishment in modern society and a critical engagement with prevailing theories of punishment coming out of liberal, Marxist and post structuralist traditions. Deploying theory critically in a historic narrative, it applies new, relational theories of power to political institutions and practices. Finally, in studying the history of the Jackson prison, Bright provides a rich account, full of villains and a few heroes, of state politics in Michigan during a period of rapid transition between the 1920s to the 1950s.

The book will be of direct relevance to criminologists and scholars of punishment, and to historians concerned with the history of punishment and prisons in the United States. It will also be useful to political scientists and historians concerned with exploring new approaches to the study of power and with the transformation of state politics in the 1930s and 1940s. Finally Bright tells a story which will fascinate students of modern Michigan history.

Charles Bright is a historian and Lecturer at the Residential College of the University of Michigan.

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Practical Audacity
Black Women and International Human Rights
Stanlie James
University of Wisconsin Press, 2022
Goler Teal Butcher (1925–93), a towering figure in international human rights law, was a scholar and advocate who advanced an intersectional approach to human empowerment influenced by Black women’s intellectual traditions. Practical Audacity follows the stories of fourteen women whose work honors and furthers Butcher’s legacy. Their multilayered and sophisticated contributions have critically reshaped human rights scholarship and activism—including their major role in developing critical race feminism, community-based applications, and expanding the boundaries of human rights discourse.
 
Stanlie M. James weaves narratives by and about these women throughout the history of the field, illustrating how they conceptualize, develop, and implement human rights. By centering the courage and innovative interventions of capable and visionary Black women, she places them rightfully alongside such figures as Thurgood Marshall and Charles Hamilton Houston. This volume fundamentally shifts the frame through which human rights struggles are understood, illuminating how those who witness and experience oppression have made some of the biggest contributions to building a better world.
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Practical Decision Making in Health Care Ethics
Cases, Concepts, and the Virtue of Prudence, Fourth Edition
Raymond J. Devettere
Georgetown University Press, 2016

For more than twenty years Practical Decision Making in Health Care Ethics has offered scholars and students a highly accessible and teachable alternative to the dominant principle-based theories in the field. Raymond J. Devettere's approach is not based on an ethics of abstract obligations and duties but, following Aristotle, on how to live a fulfilled and happy life—in short, an ethics of personal well-being grounded in prudence, the virtue of ethical decision making.

New sections added in this revised fourth edition include sequencing whole genomes, even those of newborns; the new developments in genetic testing now provided by online commercial companies such as 23andMe; the genetic testing of fetuses by capturing their DNA circulating in the pregnant woman's blood; the Stanford Prison experiment and its relevance to the abuses at the Abu Graib prison; recent breakthroughs in the diagnosis of consciousness disorders such as PVS; the ongoing controversy generated by the NIH study of premature babies at many NICUs throughout the county, a study known as SUPPORT that the OHRP (Office of Human Research Protections, an office within the department of HHS) deemed unethical.

Devettere updates most chapters. New cases include Marlise Munoz (dead pregnant woman's body kept on life support by a Texas hospital), Jahi McMath (teenager pronounced dead in California but treated as alive in New Jersey), Margot Bentley (nursing home feeding a woman dying of end stage Alzheimer’s despite her advance directive that said no nourishment or liquids if she was dying with dementia), Brittany Maynard (dying 29-year-old California woman who moved to Oregon to commit suicide with a physician's help), and Samantha Burton (woman with two children who suffered rupture of membranes at 25 weeks and whose physician obtained a court order to keep her at the hospital to make sure she stayed on bed rest). Thoughtfully updated and renewed for a new generation of readers, this classic textbook will be required reading for students and scholars of philosophy and medical ethics.

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The Practical Guide to Michigan Law
Fred S. Steingold
University of Michigan Press, 1983

front cover of The Practice of Justice
The Practice of Justice
A Theory of Lawyers’ Ethics
William H. Simon
Harvard University Press, 1998

Should a lawyer keep a client's secrets even when disclosure would exculpate a person wrongly accused of a crime? To what extent should a lawyer exploit loopholes in ways that enable clients to gain unintended advantages? When can lawyers justifiably make procedural maneuvers that defeat substantive rights? The Practice of Justice is a fresh look at these and other traditional questions about the ethics of lawyering. William Simon, a legal theorist with extensive experience in practice, charges that the profession's standard approach to these questions is incoherent and implausible.

At the same time, Simon rejects the ethical approaches most frequently proposed by the profession's critics. The problem, he insists, does not lie in the profession's commitment to legal values over those of ordinary morality. Nor does it arise from the adversary system. Rather, Simon shows that the critical weakness of the standard approach is its reliance on a distinctive style of judgment--categorical, rule-bound, rigid--that is both ethically unattractive and rejected by most modern legal thought outside the realm of legal ethics. He develops an alternative approach based on a different, more contextual, style of judgment widely accepted in other areas of legal thought.

The author enlivens his argument with discussions of actual cases, including the Lincoln Savings and Loan scandal and the Leo Frank murder trial, as well as fictional accounts of lawyering, including Kafka's The Trial and the movie The Verdict.

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front cover of Prairie Defender
Prairie Defender
The Murder Trials of Abraham Lincoln
George R. Dekle, Sr.
Southern Illinois University Press, 2017
2018 FAPA President’s book award medalist in the non-fiction adult, biography, and political/current events categories
2018 ISHS Annual Award Winner for a Scholarly Publication

According to conventional wisdom, Abraham Lincoln spent most of his law career collecting debt and representing railroads, and this focus made him inept at defending clients in homicide cases. In this unprecedented study of Lincoln’s criminal cases, George Dekle disproves these popular notions, showing that Lincoln was first and foremost a trial lawyer. Through careful examination of Lincoln’s homicide cases and evaluation of his legal skills, Dekle demonstrates that criminal law was an important part of Lincoln's practice, and that he was quite capable of defending people accused of murder, trying approximately one such case per year.

Dekle begins by presenting the viewpoints of not only those who see Lincoln as a perfect lawyer whose only flaw was his inability to represent the wrong side of a case but also those who believe Lincoln was a less-than-honest legal hack. The author invites readers to compare these wildly different stereotypes with the flesh-and-blood Lincoln revealed in each case described in the book, including an axe murder suit in which Lincoln assisted the prosecution, a poisoning case he refused to prosecute for $200 but defended for $75, and a case he won by proving that a supposed murder victim was actually still alive.

For each case Dekle covers, he first tells the stories of the feuds, arguments, and insults that led to murder and other criminal activity, giving a gripping view of the seamy side of life in nineteenth-century Illinois. Then he traces the course of the pretrial litigation, describes the trials and the various tactics employed in the prosecution and defense, and critiques the performance of both Lincoln and his adversaries.

Dekle concludes that Lincoln was a competent, diligent criminal trial lawyer who knew the law, could argue it effectively to both judge and jury, and would use all lawful means to defend clients whether he believed them to be innocent or guilty. His trial record shows Lincoln to have been a formidable defense lawyer who won many seemingly hopeless cases through his skill as a courtroom tactician, cross-examiner, and orator. Criminal defendants who could retain Lincoln as a defense attorney were well represented, and criminal defense attorneys who sought him as co-counsel were well served. Providing insight into both Lincoln’s legal career and the culture in which he practiced law, Prairie Defender resolves a major misconception concerning one of our most important historical figures.
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