A SCHOLARLY BOOK REPOSITORY
Biotechnology crop production area increased from 1.7 million hectares to 148 million hectares worldwide between 1996 to 2010. While genetically modified food is a contentious issue, the debates are usually limited to health and environmental concerns, ignoring the broader questions of social control that arise when food production methods become corporate-owned intellectual property. Drawing on legal documents and dozens of interviews with farmers and other stakeholders, Corporate Crops covers four case studies based around litigation between biotechnology corporations and farmers. Pechlaner investigates the extent to which the proprietary aspects of biotechnologies—from patents on seeds to a plethora of new rules and contractual obligations associated with the technologies—are reorganizing crop production.
The lawsuits include patent infringement litigation launched by Monsanto against a Saskatchewan canola farmer who, in turn, claimed his crops had been involuntarily contaminated by the company’s GM technology; a class action application by two Saskatchewan organic canola farmers launched against Monsanto and Aventis (later Bayer) for the loss of their organic market due to contamination with GMOs; and two cases in Mississippi in which Monsanto sued farmers for saving seeds containing its patented GM technology. Pechlaner argues that well-funded corporate lawyers have a decided advantage over independent farmers in the courts and in creating new forms of power and control in agricultural production. Corporate Crops demonstrates the effects of this intersection between the courts and the fields where profits, not just a food supply, are reaped.
Few know the name Anna Jarvis, yet on the second Sunday in May, we mail the card, buy the flowers, place the phone call, or make the brunch reservation to honor our mothers, all because of her.
Anna Jarvis organized the first official Mother’s Day celebration in Grafton, West Virginia in 1908 and then spent decades promoting the holiday and defending it from commercialization. She designed her Mother’s Day celebration around a sentimental view of motherhood and domesticity, envisioning a day venerating the daily services and sacrifices of mothers within the home.
After Mother’s Day became a national holiday in 1914, many organizations sought to align the holiday’s meaning with changing perceptions of modern motherhood in the twentieth century. Instead of restricting a mother’s service and influence solely to the domestic sphere, they emphasized the power of mothers both within their homes and throughout their communities.
Jarvis refused to accept this changing interpretation, claiming both intellectual and legal ownership of Mother’s Day. Her obsession with protecting the purity of her vision sustained a war of verbal and legal assaults against rival holiday promoters, patriotic women’s organizations, charitable foundations, public health reformers, and the Franklin D. Roosevelt administration. The struggle for control of Mother’s Day ultimately threatened her livelihood, physical health, and emotional stability.
Memorializing Motherhood explores the complicated history of Anna Jarvis’s movement to establish and control Mother’s Day, as well as the powerful conceptualization of this day as both a holiday and a cultural representation of motherhood.
Tracing the development of communication markets and the regulation of international communications from the 1840s through World War I, Jill Hills examines the political, technological, and economic forces at work during the formative century of global communication.
Hills analyzes power relations within the arena of global communications from the inception of the telegraph through the successive technologies of submarine telegraph cables, ship-to-shore wireless, broadcast radio, shortwave wireless, the telephone, and movies with sound. As she shows, global communication began to overtake transportation as an economic, political, and social force after the inception of the telegraph, which shifted communications from national to international. From that point on, information was a commodity and ownership of the communications infrastructure became valuable as the means of distributing information. The struggle for control of that infrastructure occurred in part because British control of communications hindered the growing economic power of the United States.
Hills outlines the technological advancements and regulations that allowed the United States to challenge British hegemony and enter the global communications market. She demonstrates that control of global communication was part of a complex web of relations between and within the government and corporations of Britain and the United States. Detailing the interplay between American federal regulation and economic power, Hills shows how these forces shaped communications technologies and illuminates the contemporary systems of power in global communications.
---Malcolm M. Feeley, Claire Sanders Clements Dean's Professor, Boalt Hall School of Law, University of California at Berkeley
"Professor Geyh has written a wise and timely book that is informed by the author's broad and deep experience working with the judicial and legislative branches, by the insights of law, history and political science, and by an appreciation of theory and common sense."
---Stephen B. Burbank, David Berger Professor for the Administration of Justice, University of Pennsylvania Law School
With Congress threatening to "go nuclear" over judicial appointments, and lawmakers accusing judges of being "arrogant, out of control, and unaccountable," many pundits see a dim future for the autonomy of America's courts. But do we really understand the balance between judicial independence and Congress's desire to limit judicial reach? Charles Geyh's When Courts and Congress Collide is the most sweeping study of this question to date, and an unprecedented analysis of the relationship between Congress and our federal courts.
Efforts to check the power of the courts have come and gone throughout American history, from the Jeffersonian Congress's struggle to undo the work of the Federalists, to FDR's campaign to pack the Supreme Court, to the epic Senate battles over the Bork and Thomas nominations. If legislators were solely concerned with curbing the courts, Geyh suggests, they would use direct means, such as impeaching uncooperative judges, gerrymandering their jurisdictions, stripping the bench's oversight powers, or slashing judicial budgets. Yet, while Congress has long been willing to influence judicial decision-making indirectly by blocking the appointments of ideologically unacceptable nominees, it has, with only rare exceptions, resisted employing more direct methods of control. When Courts and Congress Collide is the first work to demonstrate that this balance is governed by a "dynamic equilibrium": a constant give-and-take between Congress's desire to control the judiciary and its respect for historical norms of judicial independence.
It is this dynamic equilibrium, Geyh says, rather than what the Supreme Court or the Constitution says about the separation of powers, that defines the limits of the judiciary's independence. When Courts and Congress Collide is a groundbreaking work, requiring all of us to consider whether we are on the verge of radically disrupting our historic balance of governance.
Charles Gardner Geyh is Professor of Law and Charles L. Whistler Faculty Fellow at Indiana University at Bloomington. He has served as director of the American Judicature Society's Center for Judicial Independence, reporter to the American Bar Association Commission on Separation of Powers and Judicial Independence, and counsel to the Judiciary Committee of the U.S. House of Representatives.
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