front cover of Values and Assumptions in American Labor Law
Values and Assumptions in American Labor Law
James B. Atleson
University of Massachusetts Press, 1983
Chosen as a Lawyer's Literary Club Selection, this book looks behind stated legal rules and doctrines in the field of labor law to clearly formulate the often hidden values and assumptions that motivate those who make labor law decisions. The author demonstrates that the "received wisdom" in labor law, which is that decisions are based on analyses of the rational implications of statutory policy, language, or legislative history, fails to account for the actual history of decision-making, particularly the interpretation of the Wagner Act of 1935 that established collective bargaining and the National Labor Relations Board. Through close interpretation, Atleson shows the legal decisions that have been reached are better explained by such factors as notional of inherent property rights, the need for capital mobility, and the interest in continued productivity.
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Valuing Life
Humanizing the Regulatory State
Cass R. Sunstein
University of Chicago Press, 2014
The White House Office of Information and Regulatory Affairs (OIRA) is the United States’s regulatory overseer. In Valuing Life, Cass R. Sunstein draws on his firsthand experience as the Administrator of OIRA from 2009 to 2012 to argue that we can humanize regulation—and save lives in the process.

As OIRA Administrator, Sunstein helped oversee regulation in a broad variety of areas, including highway safety, health care, homeland security, immigration, energy, environmental protection, and education. This background allows him to describe OIRA and how it works—and how it can work better—from an on-the-ground perspective. Using real-world examples, many of them drawn from today’s headlines, Sunstein makes a compelling case for improving cost-benefit analysis, a longtime cornerstone of regulatory decision-making, and for taking account of variables that are hard to quantify, such as dignity and personal privacy. He also shows how regulatory decisions about health, safety, and life itself can benefit from taking into account behavioral and psychological research, including new findings about what scares us, and what does not. By better accounting for people’s fallibility, Sunstein argues, we can create regulation that is simultaneously more human and more likely to achieve its goals.

In this highly readable synthesis of insights from law, policy, economics, and psychology, Sunstein breaks down the intricacies of the regulatory system and offers a new way of thinking about regulation that incorporates human dignity– and an insistent focus on the consequences of our choices.
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Venturing to Do Justice
Reforming Private Law
Robert E. Keeton
Harvard University Press, 1969

Since 1958 state courts of last resort in the United States have handed down a notably larger number of overruling decisions than ever before. This distinctive record raises many questions about how and by whom law reform should be effected. Mr. Keeton examines this issue in relation to private law the branch of law concerned with the rights and duties of private individuals toward each other, enforceable through civil proceedings.

In the first part of this book, the author reviews methods of law reform. He focuses on the role of the courts and legislatures as agencies of abrupt change; the remarkable rate at which the role of the courts has grown; and the means by which courts may discharge their increased responsibility for changing private law to meet contemporary needs. He strongly urges a more active and imaginative participation in law reform by both courts and legislatures, and proposes concrete methods for achieving it.

In the second part of this book, Mr. Keeton concentrates on reform in two important areas of private law: harms caused by defective products and by traffic accidents. He considers the developing rules for strict liability, and discusses the issues of principle underlying the basic protection plan for traffic victims--a proposal, of which he is co-author, which is under consideration in a number of state legislatures.

The closing chapter treats problems stemming from the necessity of blending the old with the new when private law reform is undertaken. This discussion stresses one of the book's recurring themes: the need to balance stability and predictability of law with flexibility and reform.

The author disposes of some misconceptions about the role of public policy in a workable legal system-misconceptions that sometimes affect the attitudes and thinking not only of professionals in the field of law, but also of those who see the system from the outside.

This book contains controversial ideas that will be of interest to all who are concerned with law reform, whether professionally or as informed citizens.

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Verdict According to Conscience
Perspectives on the English Criminal Trial Jury, 1200-1800
Thomas Andrew Green
University of Chicago Press, 1985

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The Verdict of Battle
The Law of Victory and the Making of Modern War
James Q. Whitman
Harvard University Press, 2012

Today, war is considered a last resort for resolving disagreements. But a day of staged slaughter on the battlefield was once seen as a legitimate means of settling political disputes. James Whitman argues that pitched battle was essentially a trial with a lawful verdict. And when this contained form of battle ceased to exist, the law of victory gave way to the rule of unbridled force. The Verdict of Battle explains why the ritualized violence of the past was more effective than modern warfare in bringing carnage to an end, and why humanitarian laws that cling to a notion of war as evil have led to longer, more barbaric conflicts.

Belief that sovereigns could, by rights, wage war for profit made the eighteenth century battle’s golden age. A pitched battle was understood as a kind of legal proceeding in which both sides agreed to be bound by the result. To the victor went the spoils, including the fate of kingdoms. But with the nineteenth-century decline of monarchical legitimacy and the rise of republican sentiment, the public no longer accepted the verdict of pitched battles. Ideology rather than politics became war’s just cause. And because modern humanitarian law provided no means for declaring a victor or dispensing spoils at the end of battle, the violence of war dragged on.

The most dangerous wars, Whitman asserts in this iconoclastic tour de force, are the lawless wars we wage today to remake the world in the name of higher moral imperatives.

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Versions of Academic Freedom
From Professionalism to Revolution
Stanley Fish
University of Chicago Press, 2014
Through his columns in the New York Times and his numerous best-selling books, Stanley Fish has established himself as our foremost public analyst of the fraught intersection of academia and politics. Here Fish for the first time turns his full attention to one of the core concepts of the contemporary academy: academic freedom.
 
Depending on who’s talking, academic freedom is an essential bulwark of democracy, an absurd fig leaf disguising liberal agendas, or, most often, some in-between muddle that both exaggerates its own importance and misunderstands its actual value to scholarship. Fish enters the fray with his typical clear-eyed, no-nonsense analysis. The crucial question, he says, is located in the phrase “academic freedom” itself: Do you emphasize “academic” or “freedom”? The former, he shows, suggests a limited, professional freedom, while the conception of freedom implied by the latter could expand almost infinitely. Guided by that distinction, Fish analyzes various arguments for the value of academic freedom: Is academic freedom a contribution to society's common good? Does it authorize professors to critique the status quo, both inside and outside the university? Does it license and even require the overturning of all received ideas and policies? Is it an engine of revolution? Are academics inherently different from other professionals? Or is academia just a job, and academic freedom merely a tool for doing that job?
 
No reader of Fish will be surprised by the deftness with which he dismantles weak arguments, corrects misconceptions, and clarifies muddy arguments. And while his conclusion—that academic freedom is simply a tool, an essential one, for doing a job—may surprise, it is unquestionably bracing. Stripping away the mystifications that obscure academic freedom allows its beneficiaries to concentrate on what they should be doing: following their intellectual interests and furthering scholarship.
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Vice Patrol
Cops, Courts, and the Struggle over Urban Gay Life before Stonewall
Anna Lvovsky
University of Chicago Press, 2021
In the mid-twentieth century, gay life flourished in American cities even as the state repression of queer communities reached its peak. Liquor investigators infiltrated and shut down gay-friendly bars. Plainclothes decoys enticed men in parks and clubs. Vice officers surveilled public bathrooms through peepholes and two-way mirrors.
 
In Vice Patrol, Anna Lvovsky chronicles this painful story, tracing the tactics used to criminalize, profile, and suppress gay life from the 1930s through the 1960s, and the surprising controversies those tactics often inspired in court. Lvovsky shows that the vice squads’ campaigns stood at the center of live debates about not only the law’s treatment of queer people, but also the limits of ethical policing, the authority of experts, and the nature of sexual difference itself—debates that had often unexpected effects on the gay community’s rights and freedoms. Examining those battles, Vice Patrol enriches understandings of the regulation of queer life in the twentieth century and disputes about police power that continue today.
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Victims of Justice Revisited
Completely Updated and Revised
Thomas Frisbie and Randy Garrett
Northwestern University Press, 2005
Perhaps no legal case has done more to reshape America's debate over the death penalty than Illinois's prosecution and conviction of Rolando Cruz. This updated and significantly expanded edition of Victims of Justice tells the pivotal story of Cruz and his two co-defendants after the 1983 murder of ten-year-old Jeanine Nicarico of Naperville, Illinois. The book follows the story from the day the crime occurred to the groundbreaking trial of seven law officers accused of conspiring to deny Cruz a fair trial.

The kidnapping of Jeanine Nicarico from her quiet suburban home and her brutal slaying sparked a public demand for justice. But the longer authorities strove to execute Cruz and the two other men, the more evidence emerged that the defendants were innocent-and that the death penalty process in America itself was deeply flawed.

Here is the start of a chain reaction that led to a moratorium on the death penalty in Illinois and the clearing out of Death Row, as Illinois Governor George Ryan-worried about unfairness in death penalty convictions-granted clemency to all those awaiting execution. This is a detailed study of a nationally known case that should be cited whenever serious scholars examine how capital cases are prosecuted in America. Here is the most thorough investigation yet published into the background of the man who-after Cruz already was on Death Row-claimed to be the real killer.
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Violence All Around
John Sifton
Harvard University Press, 2015

A human rights lawyer travels to hot zones around the globe, before and after the September 11 attacks, to document abuses committed by warlords, terrorist groups, and government counterterrorism forces. Whether reporting on al Qaeda safe houses, the mechanics of the Pentagon’s smartest bombs, his interviews with politicians and ordinary civilians, or his own brush with death outside Kabul, John Sifton wants to help us understand violence—what it is, and how we think and speak about it.

For the human rights community, the global war on terror brought unprecedented challenges. Of special concern were the secret detention centers operated by the CIA as it expanded into a paramilitary force, and the harsh treatment of prisoners throughout Iraq and Afghanistan. In drafting legal memoranda that made domestic prosecution for these crimes impossible, Sifton argues, the United States possessed not only the detainees but the law itself. Sifton recounts his efforts to locate secret prisons and reflects on the historical development of sanctioned military or police violence—from hand-to-hand combat to the use of drones—and the likelihood that technology will soon enable completely automated killing.

Sifton is equally concerned to examine what people have meant by nonviolent social change, and he asks whether pure nonviolence is ever possible. To invoke rights is to invoke the force to uphold them, he reminds us. Ultimately, advocates for human rights can only shame the world into better behavior, and their work may involve advocating the very violence they deplore.

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Violence As Obscenity
Limiting the Media's First Amendment Protection
Kevin W. Saunders
Duke University Press, 1996
This timely and accessible volume takes a fresh approach to a question of increasing public concern: whether or not the federal government should regulate media violence. In Violence as Obscenity, Kevin W. Saunders boldly calls into question the assumption that violent material is protected by the First Amendment. Citing a recognized exception to the First Amendment that allows for the regulation of obscene material, he seeks to expand the definition of obscenity to include explicit and offensive depictions of violence.
Saunders examines the public debate on media violence, the arguments of professional and public interest groups urging governmental action, and the media and the ACLU’s desire for self-regulation. Citing research that links violence in the media to actual violence, Saunders argues that a present danger to public safety may be reduced by invoking the existing law on obscenity. Reviewing the justifications of that law, he finds that not only is the legal history relied on by the Supreme Court inadequate to distinguish violence from sex, but also many of the justifications apply more forcefully to instances of violence than to sexually explicit material that has been ruled obscene. Saunders also examines the actions that Congress, states, and municipalities have taken to regulate media violence as well as the legal limitations imposed on such regulations by the First Amendment protections given to speech and the press. In discussing the current operation of the obscenity exception and confronting the issue of censorship, he advocates adapting to the regulation of violent material the doctrine of variable obscenity, which applies a different standard for material aimed at youth, and the doctrine of indecency, which allows for federal regulation of broadcast material.
Cogently and passionately argued, Violence as Obscenity will attract scholars of American constitutional law and mass communication, and general readers moved by current debates about media violence, regulation, and censorship.
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Violent Affections
Queer Sexuality, Techniques of Power, and Law in Russia
Alexander Sasha Kondakov
University College London, 2022
An inciteful analysis of the affective rhetoric surrounding Russian anti-LGBTQ violence.

Passed in 2013, Russia’s “gay propaganda” law cemented the nation’s anti-LGBTQ sentiment into legal rhetoric that has since emboldened countless instances of violence against queer people. Based on an analysis of over three hundred criminal cases of anti-queer violence in Russia before and after the introduction of the law, Violent Affections shows how violent acts are framed in emotional language by perpetrators during their criminal trials, thus uncovering the techniques of power that work to translate emotions into violence against queer people. Utilizing an original methodology of studying legal memes, this book argues that individual affective states are directly connected to the political and legislative violence aimed at policing queer lives. Alexander Sasha Kondakov expands upon two sets of interdisciplinary literature–queer theory and affect theory–in order to conceptualize what is referred to as neo-disciplinary power. The book traces how affections circulate from body to body as a kind of virus, eventually enabling the turn from a memetic response to violent action.
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front cover of Virginia Hasn't Always Been for Lovers
Virginia Hasn't Always Been for Lovers
Interracial Marriage Bans and the Case of Richard and Mildred Loving
Phyl Newbeck
Southern Illinois University Press, 2004

This landmark volume chronicles the history of laws banning interracial marriage in the United States with particular emphasis on the case of Richard and Mildred Loving, a white man and a black woman who were convicted by the state of Virginia of the crime of marrying across racial lines in the late 1950s. The Lovings were not activists, but their battle to live together as husband and wife in their home state instigated the 1967 U.S. Supreme Court ruling that antimiscegenation laws were unconstitutional, which ultimately resulted in the overturning of laws against interracial marriage that were still in effect in sixteen states by the late 1960s.

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Virtual Competition
The Promise and Perils of the Algorithm-Driven Economy
Ariel Ezrachi and Maurice E. Stucke
Harvard University Press, 2016

“A fascinating book about how platform internet companies (Amazon, Facebook, and so on) are changing the norms of economic competition.”
Fast Company


Shoppers with a bargain-hunting impulse and internet access can find a universe of products at their fingertips. But is there a dark side to internet commerce? This thought-provoking exposé invites us to explore how sophisticated algorithms and data-crunching are changing the nature of market competition, and not always for the better. Introducing into the policy lexicon terms such as algorithmic collusion, behavioral discrimination, and super-platforms, Ariel Ezrachi and Maurice E. Stucke explore the resulting impact on competition, our democratic ideals, our wallets, and our well-being.

“We owe the authors our deep gratitude for anticipating and explaining the consequences of living in a world in which black boxes collude and leave no trails behind. They make it clear that in a world of big data and algorithmic pricing, consumers are outgunned and antitrust laws are outdated, especially in the United States.”
Science

“A convincing argument that there can be a darker side to the growth of digital commerce. The replacement of the invisible hand of competition by the digitized hand of internet commerce can give rise to anticompetitive behavior that the competition authorities are ill equipped to deal with.”
—Burton G. Malkiel, Wall Street Journal

“A convincing case for the need to rethink competition law to cope with algorithmic capitalism’s potential for malfeasance.”
—John Naughton, The Observer

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A Voice for Justice
Writings of David Schuman
Sharon Schuman
Oregon State University Press, 2021
As an educator, speaker, deputy attorney general, and judge, David Schuman was known for his ability to clarify difficult legal concepts. According to James Egan, chief judge of the Oregon Court of Appeals, he was the “intellectual giant of our generation.” A Voice for Justice reveals how David Schuman’s unique jurisprudence came to be.

His friends and associates knew that Oregon Supreme Court Justice Hans Linde convinced Schuman to turn to the Oregon Constitution rather than the federal one to protect individual rights. But even some of Schuman’s closest friends were unaware of his fiction, which provides a window into his deep capacity for empathy and casts new light on his ability to write elegant, sometimes funny, judicial opinions. His legal thinking also had deep roots in literature and political theory.
         
Schuman’s 672 judicial opinions are not just brilliant, but written so that anyone can understand them. Like Ruth Bader Ginsburg, he knew there was nothing to gain by communicating only to specialists. He wanted citizens to be able to make up their own minds about important issues.
         
A Voice for Justice brings together for the first time writings that span over fifty years. Lawyers and laypeople alike will appreciate Schuman’s lucid, engaging observations, which are highly relevant to our current anxieties about institutional racism and democracy under stress. The short stories, speeches, op-eds, articles, legal opinions, and dissents selected for this volume constitute a call to action for everyone to become voices for justice.

 
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Vranesh's Colorado Water Law, Revised Edition
James N. Corbridge, Jr.
University Press of Colorado, 1999
Vranesh's Colorado Water Law is the second edition of the massive three-volume treatise written by the late George Vranesh and published in 1987. Editors James N. Corbridge Jr. and Teresa A. Rice have reduced the original work from three volumes to one, and they have substantially rewritten and reorganized it to make it more accessible for those involved with and interested in water law and policy. Colorado water law cases decided since 1987, along with relevant federal cases, have been included; statutory material has also been updated and discussed; and recent emerging doctrines in Colorado water law are analyzed in detail, with appropriate citations. Much of the historical detail in the original work has been retained, but it has been shortened to increase the book's utility as a guide to Colorado water law as it exists today.

Vranesh's Colorado Water Law serves as a reference resource for attorneys practicing in the field of water law, as well as a thorough introduction for those just getting started in the subject. It will also be a helpful reference work for individuals and institutions interested in the acquisition and distribution of water: municipalities, water conservancy districts, irrigation organizations, water engineers, and hydrologists.

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The Vulnerable Age Phenomenon
Michael Inbar
Russell Sage Foundation, 1976
A volume in the Social Science Frontiers series, which are occasional publications reviewing new fields for social science development. These occasional publications seek to summarize recent work being done in particular areas of social research, to review new developments in the field, and to indicate issues needing further investigation. The publications are intended to help orient those concerned with developing current research programs and broadening the use of social science in the policy-making process. A Volume in the Russell Sage Foundation's Social Science Frontiers Series
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