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