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1917 books match the query 'Law' and 135 start with a

cover of A Casebook on Roman Water Law

A Casebook on Roman Water Law

Cynthia Jordan Bannon

University of Michigan Press, 2020

The Romans are famous for constructing aqueducts, canals, and dams. But their law is also a lasting, if less visible, monument to their attempts to control water. A Casebook on Roman Water Law presents an analytical collection of Roman sources for water rights. The Romans recognized water as a natural resource, a public good, and an economic commodity, and they grappled with these issues as they developed law to regulate water. Early in their history the Romans crafted laws and institutions to regulate water in both public and private contexts. In later eras they revised and adapted their law to fit changing economic, cultural, and physical environments of an empire that spanned the Mediterranean. Each case documents the role of law in this history, and the study questions engage with key issues in legal and environmental history, ancient and modern.

This casebook aims to cross historical and disciplinary boundaries by making the primary evidence for Roman water rights accessible to students and researchers. Cases are presented in both original Latin and English translation. To prepare for study of the cases, each chapter opens with an overview of its topic while the introduction presents the evidence for water rights and contextualizes them within historical and conceptual frameworks.
 
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cover of A Century of Controversy: Constitutional Reform in Alabama

A Century of Controversy

Constitutional Reform in Alabama

H. Bailey Thomson

University of Alabama Press, 2002

A timely examination of Alabama’s severely criticized state constitution

Alabama’s present constitution, adopted in 1901, is widely viewed as the source of many, if not most, of the state’s historic difficulties and inequities. Chief among these is a poorly funded school system, an imbalanced tax system that favors special business interests, legislated racism, and unchecked urban sprawl. Many citizens believe that, after 100 years of overburdening amendments and confusing addendums, the constitution urgently needs rewriting. 

With this book, Bailey Thomson has assembled the best scholarship on the constitution, its history, and its implications for the future. Historian Harvey H. Jackson III details the degree to which the 1901 document was drafted as a legal tool to ensure white supremacy at the expense of poor whites and blacks, while Joe A. Sumners illustrates how the constitution ties the hands of elected civic leaders by handing authority for local decisions to state government in Montgomery. James W. Williams Jr. explores the impact of the state constitution on the beleaguered tax system and the three principal “revenue crises” it has engendered. Thomson’s own contribution explains how, in contrast to the previous failed attempts for constitutional change by past governors who appealed to their fellow power brokers, the current reform movement arose from the grassroots level.

As citizens and politicians in Alabama review the 1901 constitution for revision, as they navigate the pitfalls and opportunities inherent in change, it is incumbent that they inform themselves adequately on the controversies that have swirled around the constitution since its adoption. The future of Alabama’s government will depend upon it, as will the fortunes of Alabama’s business interests and the well-being of every citizen in the state for years to come.

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cover of A Century of Juvenile Justice

A Century of Juvenile Justice

Edited by Margaret K. Rosenheim, Franklin E. Zimring, David S. Tanenhaus, and Be

University of Chicago Press, 2002

Since its inception in Illinois in 1899, the juvenile court has become a remarkable legal and social institution all over the developed world, one that plays a singular role in modern government. At its founding, the juvenile court was intended to reverse longstanding legal traditions, and place the child's interests first in areas of law ranging from dependency to delinquency. Yet in recent years legal responses to youths' offences have undergone striking changes, as more juveniles are being transferred to adult courts and serving adult sentences.

A Century of Juvenile Justice is the first standard, comprehensive and comparative reference work to span the history and current state of juvenile justice. An extraordinary assemblage of leading authorities have produced a accessible, illustrated document, designed as a reference for everyone from probation personnel and police to students, educators, lawyers, and social workers.

Editors' introductions place into context each of the book's five sections, which consider the history of the ideas around which the system was organized and the institutions and practices that resulted; the ways in which this set of institutions and practices interacts with other aspects of government policy toward children in the U.S. and in other nations; and also the ways in which changing social and legal meanings of childhood and youth have continued to influence juvenile justice. The doctrine and institutions of juvenile justice in Europe, Japan, England, and Scotland are profiled in depth to show the range of modern responses to youth crime and child endangerment. This comparative material provides a fresh basis for judging the direction of policy in the U.S.

Margaret K. Rosenheim is the Helen Ross professor Emerita in the School of Social Service Administration of the University of Chicago. Franklin Zimring is Professor of Law and Director of the Earl Warren Legal Institute at the University of California, Berkeley. David S. Tanenhaus is Assistant Professor of History at the University of Nevada, Las Vegas. Bernardine Dohrn is Director of the Children and Family Justice Center of Northwestern University Law School.

Contributors:
Anthony Bottoms
Jaap Doek
Bernardine Dohrn
Peter Edelman
John Eekelaar
David Farrington
Frank Furstenberg
Michael Grossberg
John Laub
Paul Lerman
Rolf Loeber
Akira Morita
Margaret K. Rosenheim
Elizabeth Scott
David S. Tanenhaus
Lee Teitelbaum
Mark Testa
Franklin E. Zimring
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cover of A Century of Repression: The Espionage Act and Freedom of the Press

A Century of Repression

The Espionage Act and Freedom of the Press

Ralph Engelman and Carey Shenkman

University of Illinois Press, 2022

A Century of Repression offers an unprecedented and panoramic history of the use of the Espionage Act of 1917 as the most important yet least understood law threatening freedom of the press in modern American history. It details government use of the Act to control information about U.S. military and foreign policy during the two World Wars, the Cold War, and the War on Terror. The Act has provided cover for the settling of political scores, illegal break-ins, and prosecutorial misconduct.
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cover of A Century of Scholarship: University of Arkansas School of Law Faculty Scholarship 1924–2023

A Century of Scholarship

University of Arkansas School of Law Faculty Scholarship 1924–2023

Steven R. Probst

Arkansas Scholarly Editions , 2024

Steven R. Probst’s bibliography A Century of Scholarship: University of Arkansas School of Law Faculty Scholarship 1924–2023 marks an important anniversary: the 2024 centennial of the U of A School of Law. To honor this occasion, Probst has assembled, through extensive archival research, the list of publications that U of A law faculty have authored over the course of the school’s hundred-year history. A Century of Scholarship is a testament to the invaluable scholarly contributions of these extraordinary thinkers who have shaped our legal landscape.
 
Professor and librarian Steven R. Probst has served as head of public services for the University of Arkansas School of Law’s Young Law Library since 2019. He has taught and written extensively on legal research.
 
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cover of A Clearing in the Forest: Law, Life, and Mind

A Clearing in the Forest

Law, Life, and Mind

Steven L. Winter

University of Chicago Press, 2001

Cognitive science is transforming our understanding of the mind. New discoveries are changing how we comprehend not just language, but thought itself. Yet, surprisingly little of the new learning has penetrated discussions and analysis of the most important social institution affecting our lives-the law.

Drawing on work in philosophy, psychology, anthropology, linguistics, and literary theory, Steven L. Winter has created nothing less than a tour de force of interdisciplinary analysis. A Clearing in the Forest rests on the simple notion that the better we understand the workings of the mind, the better we will understand all its products-especially law. Legal studies today focus on analytic skills and grand normative theories. But, to understand how real-world, legal actors reason and decide, we need a different set of tools. Cognitive science provides those tools, opening a window on the imaginative, yet orderly mental processes that animate thinking and decisionmaking among lawyers, judges, and lay persons alike. Recent findings about how humans actually categorize and reason make it possible to explain legal reasoning in new, more cogent, more productive ways.

A Clearing in the Forest is a compelling meditation on both how the law works and what it all means. In uncovering the irrepressibly imaginative, creative quality of human reason, Winter shows how what we are learning about the mind changes not only our understanding of law, but ultimately of ourselves. He charts a unique course to understanding the world we inhabit, showing us the way to the clearing in the forest.
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cover of A Common Law for Europe

A Common Law for Europe

Barbara Pasa

Central European University Press, 2005

An essential guide for lawmakers, scholars, and students of law, this work takes on the formidable task of providing a detailed overview of the harmonization of law in the European Union. Skillfully researched, the authors seek to approach this topic with an eye to the recent enlargement process. In highlighting the most recent actions of the European Court of Justice and the Court of First Instance, the book seeks to analyze the future strengths and pitfalls of EU Common Law. Court rulings are quoted at length, and work in conjunction with text inserts in providing a format that breaks down complex information. This open style of the book gives researchers the ability to quickly locate useful information and cite statements from EU institutions. In outlining the sources and institutions of Community Law, and the challenges in harmonizing national and supra-national law-books, 'A Common Law for Europe' has done a tremendous service for academics and future leaders of the European Union.
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cover of A Community Built on Words: The Constitution in History and Politics

A Community Built on Words

The Constitution in History and Politics

H. Jefferson Powell

University of Chicago Press, 2002

H. Jefferson Powell offers a powerful new approach to one of the central issues in American constitutional thinking today: the problem of constitutional law's historicity, or the many ways in which constitutional arguments and outcomes are shaped both by historical circumstances and by the political goals and commitments of various actors, including judges. The presence of such influences is often considered highly problematic: if constitutional law is political and historical through and through, then what differentiates it from politics per se, and what gives it integrity and coherence? Powell argues that constitutional theory has as its (sometimes hidden) agenda the ambition of showing how constitutional law can escape from history and politics, while much constitutional history seeks to identify an historically true meaning of the constitutional text that, once uncovered, can serve as a corrective to subsequent deviations from that truth.

Combining history and theory, Powell analyzes a series of constitutional controversies from 1790 to 1944 to demonstrate that constitutional law from its very beginning has involved politically charged and ideologically divisive arguments. Nowhere in our past can one find the golden age of apolitical constitutional thinking that a great deal of contemporary scholarship seeks or presupposes. Viewed over time, American constitutional law is a history of political dispute couched in constitutional terms.

Powell then takes his conclusions one step further, claiming that it is precisely this historical tradition of argument that has given American constitutional law a remarkable coherence and integrity over time. No matter what the particular political disputes of the day might be, constitutional argument has provided a shared language through which our political community has been able to fight out its battles without ultimately fracturing.

A Community Built on Words will be must reading for any student of constitutional history, theory, or law.
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cover of A Courageous Fool: Marie Deans and Her Struggle against the Death Penalty

A Courageous Fool

Marie Deans and Her Struggle against the Death Penalty

Todd C. Peppers

Vanderbilt University Press, 2017

There have been many heroes and victims in the battle to abolish the death penalty, and Marie Deans fits into both of those categories. A South Carolina native who yearned to be a fiction writer, Marie was thrust by a combination of circumstances--including the murder of her beloved mother-in-law--into a world much stranger than fiction, a world in which minorities and the poor were selected to be sacrificed to what Supreme Court Justice Harry Blackmun called the "machinery of death."

Marie found herself fighting to bring justice to the legal process and to bring humanity not only to prisoners on death row but to the guards and wardens as well. During Marie's time as a death penalty opponent in South Carolina and Virginia, she experienced the highs of helping exonerate the innocent and the lows of standing death watch in the death house with thirty-four condemned men.
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cover of A Court That Shaped America: Chicago's Federal District Court from Abe Lincoln to Abbie Hoffman

A Court That Shaped America

Chicago's Federal District Court from Abe Lincoln to Abbie Hoffman

Richard Cahan

Northwestern University Press, 2002

Big and small dramas play out every day in the United States District Court for the Northern District of Illinois. Headquartered in Chicago, the court has played a pivotal role in U.S. history. This is where Abraham Lincoln, as a young lawyer, changed the direction of westward expansion when he argued that trains-not steamships-were America's future. This is where Al Capone met his fall, at a trial that finished him as Public Enemy Number One. And this is where Abbie Hoffman, the nation's first Yippie, butted heads with Judge Julius J. Hoffman and the Establishment at the trial known as the Conspiracy Eight.

A Court That Shaped America traces the flesh-and-blood courtroom scenes from the district's first cases in the early nineteenth century through the turn of the millennium. Historical figures—including Mormon leader Joseph Smith, inventor Thomas Edison, and author Mark Twain—as well as contemporary superstars like Michael Jackson and Oprah Winfrey have all had their day in the Northern Illinois court. Some were victorious; some came out scathed. This book examines these great trials and the people behind them to offer a unique look at Chicago and U.S. history.
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cover of A Crime of Self-Defense: Bernhard Goetz and the Law on Trial

A Crime of Self-Defense

Bernhard Goetz and the Law on Trial

George P. Fletcher

University of Chicago Press, 1990

The popular press dubbed him "the subway vigilante": Bernhard Goetz, who on December 22, 1984, shot four black youths on a New York subway train when one of them asked for five dollars. Goetz claimed to have fired in self-defense, out of fear that the young men were about to rob him.
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cover of A Criminal Power: James Baldwin and the Law

A Criminal Power

James Baldwin and the Law

D. Quentin Miller

The Ohio State University Press, 2012

James Baldwin, one of the major African American writers of the twentieth century, has been the subject of a substantial body of literary criticism. As a prolific and experimental author with a marginal perspective—a black man during segregation and the Civil Rights era, a homosexual at a time when tolerance toward gays was not common—Baldwin has fascinated readers for over half a century. Yet Baldwin’s critics have tended to separate his weighty, complex body of work and to examine it piecemeal. A Criminal Power: James Baldwin and the Law is the first thematic study to analyze the complete scope of his work. It accomplishes this through an expansive definition and thorough analysis of the social force that oppressed Baldwin throughout his life: namely, the law. Baldwin, who died in 1987, attempted suicide in 1949 at the age of 25 after spending eight-days in a French prison following an absurd arrest for “receiving stolen goods”—a sheet that his acquaintance had taken from a hotel. This seemingly trite incident made Baldwin painfully aware of what he would later call the law’s “criminal power.”
            Up to now, the only book-length studies to address Baldwin’s entire career have been biographies and artistic “portraits.” D. Quentin Miller corrects this oversight in a comprehensive volume that addresses and unifies all of Baldwin’s work. Miller asserts that the Baldwin corpus is a testament to how the abuse of power within the American legal, judicial, and penal systems manifested itself in the twentieth century.
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cover of A Death of One's Own: Literature, Law, and the Right to Die

A Death of One's Own

Literature, Law, and the Right to Die

Jared Stark

Northwestern University Press, 2018

To be or not to be—who asks this question today, and how? What does it mean to issue, or respond to, an appeal for the right to die? In A Death of One’s Own, the first sustained literary study of the right to die, Jared Stark takes up these timely questions by testing predominant legal understandings of assisted suicide and euthanasia against literary reflections on modern death from the nineteenth and twentieth centuries. Rigorously interdisciplinary and lucidly argued, Stark’s wide-ranging discussion sheds critical light on the disquieting bioethical and biopolitical dilemmas raised by contemporary forms of medical technology and legal agency.
 
More than a survey or work of advocacy, A Death of One’s Own examines the consequences and limits of the three reasons most often cited for supporting a person’s right to die: that it is justified as an expression of personal autonomy or self-ownership; that it constitutes an act of self-authorship, of “choosing a final chapter” in one’s life; and that it enables what has come to be called “death with dignity.” Probing the intersections of law and literature, Stark interweaves close discussion of major legal, political, and philosophical arguments with revealing readings of literary and testimonial texts by writers including Balzac, Melville, Benjamin, and Améry.
 
A thought-provoking work that will be of interest to those concerned with law and humanities, biomedical ethics, cultural history, and human rights, A Death of One’s Own opens new and suggestive paths for thinking about the history of modern death as well as the unsettled future of the right to die.
 
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cover of A Dialogue between a Philosopher and a Student of the Common Laws of England

A Dialogue between a Philosopher and a Student of the Common Laws of England

Thomas Hobbes

University of Chicago Press, 1997

This little-known late writing of Hobbes reveals an unexplored dimension of his famous doctrine of sovereignty. The essay was first published posthumously in 1681, and from 1840 to 1971 only a generally unreliable edition has been in print. This edition provides the first dependable and easily accessible text of Hobbes's Dialogue. In the Dialogue, Hobbes sets forth his mature reflections of the relation between reason and law, reflections more "liberal" than those found in Leviathan and his other well-known writings. Hobbes proposes a separation of the functions of government in the interest of common sense and humaneness without visibly violating his dictum that the sharing or division of sovereignty is an absurdity. This new edition of the Dialogue is a significant contribution to our understanding of seventeenth-century political philosophy.

"Hobbes students are indebted to Professor Cropsey for this scholarly and accessible edition of Dialogue."—J. Roland Pennock, American Political Science Review

"An invaluable aid to the study of Hobbes."—Review of Metaphysics
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cover of A Drunkard's Defense: Alcohol, Murder, and Medical Jurisprudence in Nineteenth-Century America

A Drunkard's Defense

Alcohol, Murder, and Medical Jurisprudence in Nineteenth-Century America

Michele Rotunda

University of Massachusetts Press, 2021

Is drunkenness a defense for murder? In the early nineteenth century, the answer was a resounding no. Intoxication was considered voluntary, and thus provided no defense. Yet as the century progressed, American courts began to extend exculpatory value to heavy drinking. The medicalization of alcohol use created new categories of mental illness which, alongside changes in the law, formed the basis for defense arguments that claimed unintended consequences and lack of criminal intent. Concurrently, advocates of prohibition cast “demon rum” and the “rum-seller” as the drunkard's accomplices in crime, mitigating offenders' actions. By the postbellum period, a backlash, led by medical professionals and an influential temperance movement, left the legacy of an unsettled legal standard.

In A Drunkard's Defense, Michele Rotunda examines a variety of court cases to explore the attitudes of nineteenth-century physicians, legal professionals, temperance advocates, and ordinary Americans toward the relationship between drunkenness, violence, and responsibility, providing broader insights into the country's complicated relationship with alcohol.

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cover of A Gentleman of the Law: Essays in Memory of Tan Yock Lin

A Gentleman of the Law

Essays in Memory of Tan Yock Lin

Edited by Hock Lai Ho and Kelvin Low

National University of Singapore Press, 2026

At once a tribute to one of Singapore’s leading legal scholars and a scholarly assessment of his contributions to the discipline.

Singaporean legal scholar Tan Yock Lin (1953–2023) was a distinguished figure in Singapore’s legal community and an emeritus professor at the Faculty of Law, National University of Singapore. Known for his unparalleled knowledge of Singaporean law, intellectual rigor, and deep personal integrity, Tan’s scholarship helped define and advance the study of law in Singapore. This volume brings together twelve essays by eminent legal scholars addressing the wide-ranging fields in which Tan made lasting scholarly contributions: equity and trusts, personal property, international law, and the law of evidence and criminal justice. Alongside these are personal tributes that offer glimpses into the ways Tan touched the lives of those around him as a student, teacher, mentor, and colleague. 

At once an academic contribution and a work of remembrance, A Gentleman of the Law honours the legacy of a scholar whose impact will long continue to shape the legal landscape in Singapore and beyond. This volume is an essential addition to any collection on Singapore law.
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cover of A Good Quarrel: America's Top Legal Reporters Share Stories from Inside the Supreme Court

A Good Quarrel

America's Top Legal Reporters Share Stories from Inside the Supreme Court

Timothy R. Johnson and Jerry Goldman, Editors

University of Michigan Press, 2009

While reading what top legal reporters say about some of the most important U.S. Supreme Court oral arguments in recent history, go to www.goodquarrel.com to listen to audio and hear for yourself the very style and delivery of the oral arguments that have shaped the history of our nation's highest law. See Preface for full instructions.

Contributors

  • Charles Bierbauer, CNN
  • Lyle Denniston, scotusblog.com
  • Fred Graham, Court TV
  • Brent Kendall, Los Angeles Daily Journal
  • Steve Lash, Houston Chronicle
  • Dahlia Lithwick, Slate.com
  • Tony Mauro, American Lawyer Media
  • Tim O'Brien, ABC News
  • David Savage, Los Angeles Times
  • Greg Stohr, Bloomberg News
  • Nina Totenberg, NPR

Timothy R. Johnson teaches in the Department of Political Science and the Law School at the University of Minnesota.

Jerry Goldman teaches political science at Northwestern University and directs the OYEZ Project, a multimedia archive devoted to the Supreme Court, at www.oyez.org.

Cover sketch by Dana Verkouteren

"Supreme Court oral arguments are good government in action. A Good Quarrel brilliantly showcases this important aspect of the Court's work."
---Paul Clement, Partner, King & Spalding, and former United States Solicitor General

"Few legal experiences are as exhilarating as a Supreme Court oral argument---a unique art form that this superb collection brings vividly to life."
---Kathleen Sullivan, Partner, Quinn Emanuel Urquhart Oliver and Hedges, and former Dean, Stanford Law School

"[A Good Quarrel] shines a brilliant spotlight on the pivotal moment of advocacy when the Supreme Court confronts the nation's most profound legal questions."
---Thomas C. Goldstein, Partner, Akin Gump, and Lecturer, Supreme Court Litigation, Harvard Law School and Stanford Law School

"A brilliant way to understand America's most important mysterious institution."
---Lawrence Lessig, Stanford Law School

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cover of A Good That Transcends: How US Culture Undermines Environmental Reform

A Good That Transcends

How US Culture Undermines Environmental Reform

Eric T. Freyfogle

University of Chicago Press, 2017

Since the birth of the modern environmental movement in the 1970s, the United States has witnessed dramatic shifts in social equality, ecological viewpoints, and environmental policy. With these changes has also come an increased popular resistance to environmental reform, but, as Eric T. Freyfogle reveals in this book, that resistance has far deeper roots. Calling upon key environmental voices from the past and present—including Aldo Leopold, Wendell Berry, David Orr, and even Pope Francis in his Encyclical—and exploring core concepts like wilderness and the tragedy of the commons, A Good That Transcends not only unearths the causes of our embedded culture of resistance, but also offers a path forward to true, lasting environmental initiatives.

A lawyer by training, with expertise in property rights, Freyfogle uses his legal knowledge to demonstrate that bad land use practices are rooted in the way in which we see the natural world, value it, and understand our place within it. While social and economic factors are important components of our current predicament, it is our culture, he shows, that is driving the reform crisis—and in the face of accelerating environmental change, a change in culture is vital. Drawing upon a diverse array of disciplines from history and philosophy to the life sciences, economics, and literature, Freyfogle seeks better ways for humans to live in nature, helping us to rethink our relationship with the land and craft a new conservation ethic. By confronting our ongoing resistance to reform as well as pointing the way toward a common good, A Good That Transcends enables us to see how we might rise above institutional and cultural challenges, look at environmental problems, appreciate their severity, and both support and participate in reform.
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cover of A Guide to America's Sex Laws

A Guide to America's Sex Laws

Richard A. Posner and Katharine B. Silbaugh

University of Chicago Press, 1996

A Guide to America's Sex Laws is the first concise compendium of the nation's sex laws. It summarizes the laws regulating personal sexual activity, revealing gaps, anachronisms, anomalies, inequalities, and irrationalities, and providing an empirical basis for studies of sexual regulation. Judge Richard A. Posner and Katharine B. Silbaugh cover broadly defined areas of regulation, providing background and definitions and placing the laws in their historical and constitutional context. From Alabama to Wyoming, this informative and fascinating reference book will be an essential resource.

"It takes only a few minutes with A Guide to [America's] Sex to realize that the nation's laws governing what two consenting adults can do with one another are an odd jumble."—Eric Fidler, San Diego Commerce

"Especially noteworthy is how laws governing various sexual activities vary from state to state."—Library Journal

"Fascinating and often surprising facts are concisely documented and conveniently organized in A Guide."—Carlin Meyer, New York Law Journal
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cover of A Journey in Brazil: Henry Washington Hilliard and the Brazilian Anti-Slavery Society

A Journey in Brazil

Henry Washington Hilliard and the Brazilian Anti-Slavery Society

David I. Durham and Paul M. Pruitt Jr.

University of Alabama Press, 2008

A Journey in Brazil: Henry Washington Hilliard and the Brazilian Anti-Slavery Society is an investigative account of the vital career of Henry Washington Hilliard, who had a long and complicated relationship with slavery. A native Southerner, he was a former slave owner and Confederate soldier, but as a member of Congress Hilliard strongly opposed secession. Hilliard supported the constitutional legality of slavery; however, as a moderate he acknowledged the status quo and warned of the dangers of radical positions concerning the issue.
 
Throughout a diverse career that spanned six decades, Hilliard’s personal challenges, moderated by his faith in Divine Providence, eventually allowed him to return to his ideological roots and find a sense of redemption late in life by becoming an unlikely spokesman for the Brazilian emancipation movement through his association with Joaquim Nabuco. In A Journey in Brazil, authors David I. Durham and Paul M. Pruitt Jr. establish context for Hilliard’s beliefs, document his journey in Brazil, and offer a variety of primary documents—selections from newspapers, transcripts of letters, translations of speeches, and other documents that have never before been published.
 
AboutOccasional Publications of the Bounds Law Library
This collection offers a series of edited documents that contribute to an understanding of the development of legal history, culture, or doctrine. Series editors Paul M. Pruitt Jr. and David I. Durham have selected a variety of materials—a lecture, diaries, letters, speeches, a ledger, commonplace books, a code of ethics, court reports—to illustrate unique examples of legal life and thought.
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cover of A Just Cause: The Impeachment and Removal of Governor Rod Blagojevich

A Just Cause

The Impeachment and Removal of Governor Rod Blagojevich

Bernard H. Sieracki. Foreword by Jim Edgar

Southern Illinois University Press, 2016

Illinois State Historical Society Certificate of Excellence 2016

During the predawn hours of December 9, 2008, an FBI team swarmed the home of Illinois governor Rod Blagojevich and took him away in handcuffs. The shocking arrest, based on allegations of corruption and extortion, launched a chain of political events never before seen in Illinois. In A Just Cause, Bernard H. Sieracki delivers a dynamic firsthand account of this eight-week political crisis, beginning with Blagojevich’s arrest, continuing through his impeachment and trial, and culminating in his conviction and removal from office. Drawing on his own eyewitness observations of the hearings and trial, the comments of interviewees, trial transcripts, and knowledge gained from decades of work with the Illinois legislature, Sieracki tells the compelling story of the first impeachment and removal from office of an Illinois governor, while providing a close look at the people involved.

A Just Cause depicts Blagojevich as a master of political gamesmanship, a circus ringmaster driven by personal ambition and obsessed with private gain. Sieracki examines in depth the governor’s unethical behavior while in office, detailing a litany of partisan and personal hostilities that spanned years. He thoroughly covers the events leading to Blagojevich’s downfall and the reactions of the governor’s cohorts. The author discusses the numerous allegations against Blagojevich, including attempts to “sell” appointments, jobs, and contracts in exchange for financial contributions. Sieracki then exhaustively recounts Blagojevich’s senate trial and the governor’s removal from office.

This engrossing volume is both a richly detailed case study of the American checks-and-balances system and an eyewitness account of unprecedented events. It will appeal to anyone interested in the stunning, true tale of a state upholding the maxim “The welfare of the people is the supreme law.” 
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cover of A Kiss from Thermopylae: Emily Dickinson and Law

A Kiss from Thermopylae

Emily Dickinson and Law

James R. Guthrie

University of Massachusetts Press, 2015

Born into a family of attorneys, Dickinson absorbed law at home. She employed legal terms and concepts regularly in her writings, and her metaphors grounded in law derive much of their expressive power from a comparatively sophisticated lay knowledge of the various legal and political issues that were roiling nineteenth-century America. Dickinson displays interest in such areas as criminal law, contracts, equity, property, estate law, and bankruptcy. She also held in high regard the role of law in resolving disputes and maintaining civic order. Toward the end of her life, Dickinson cited the Spartans' defense at Thermopylae as an object lesson demonstrating why societies should uphold the rule of law.

Yet Dickinson was also capable of criticizing, even satirizing, law and lawyers. Her poetic personae inhabit various legal roles including those of jurymen, judges, and attorneys, and some poems simulate courtroom contests pitting the rights of individuals against the power of the state. She was keenly interested in legal matters pertaining to women, such as breach of promise, dower, and trusts. With her tone ranging from subservient to domineering, from reverential to ridiculing, Dickinson's writings reflect an abiding concern with philosophic and political principles underpinning the law, as well as an identification with the plight of individuals who dared confront authority.

A Kiss from Thermopylae reveals a new dimension of Dickinson's writing and thinking, one indicating that she was thoroughly familiar with the legal community's idiomatic language, actively engaged with contemporary political and ethical questions, and skilled at deploying a poetic register ranging from high romanticism to low humor.
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cover of A Legal Theory for Autonomous Artificial Agents

A Legal Theory for Autonomous Artificial Agents

Samir Chopra and Laurence F. White

University of Michigan Press, 2011

“An extraordinarily good synthesis from an amazing range of philosophical, legal, and technological sources . . .  the book will appeal to legal academics and students, lawyers involved in e-commerce and cyberspace legal issues, technologists, moral philosophers, and intelligent lay readers interested in high tech issues, privacy, [and] robotics.”
—Kevin Ashley, University of Pittsburgh School of Law

As corporations and government agencies replace human employees with online customer service and automated phone systems, we become accustomed to doing business with nonhuman agents. If artificial intelligence (AI) technology advances as today’s leading researchers predict, these agents may soon function with such limited human input that they appear to act independently. When they achieve that level of autonomy, what legal status should they have?

Samir Chopra and Laurence F. White present a carefully reasoned discussion of how existing philosophy and legal theory can accommodate increasingly sophisticated AI technology. Arguing for the legal personhood of an artificial agent, the authors discuss what it means to say it has “knowledge” and the ability to make a decision. They consider key questions such as who must take responsibility for an agent’s actions, whom the agent serves, and whether it could face a conflict of interest.

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cover of A Liberal Tide?: Immigration and Asylum Law and Policy in Latin America

A Liberal Tide?

Immigration and Asylum Law and Policy in Latin America

Edited by David James Cantor, Luisa Feline Freier, and Jean-Pierre Gauci

University of London Press, 2015

Over the past decade, a paradigm shift in migration and asylum law and policymaking appears to have taken place in Latin America. Does this apparent ""liberal tide"" of new laws and policies suggest a new approach to the hot topics of migration and refugees in Latin America distinct from the regressive and restrictive attitudes on display in other parts of the world? The question is urgent not only for our understanding of contemporary Latin America but also as a means of reorienting the debate in the migration studies field toward the important developments currently taking place in the region and in other parts of the global south. This book brings together eight varied and vibrant new analyses by scholars from Latin America and beyond to form the first collection that describes and critically examines the new liberalism in Latin American law and policy on migration and refugees.
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cover of A Man Visited by History: Judge James E. Horton Jr. and the Scottsboro Case

A Man Visited by History

Judge James E. Horton Jr. and the Scottsboro Case

Steven P. Brown

University of Alabama Press, 2026

A revealing portrait of Judge James E. Horton Jr., whose quiet moral courage reshaped one of the most explosive legal battles in American history

A Man Visited by History illuminates what author Steven P. Brown calls the “last major Scottsboro trials–related subject to have eluded careful study”: the life of Judge James E. Horton Jr., the white Alabama Eighth Circuit judge who set aside an all-white jury’s guilty verdict and death sentence in the second trial of African American defendant Haywood Patterson. Of the three trial judges and more than one hundred jurors who considered the cases of the Scottsboro defendants, Horton was the only one to find that the evidence against them was virtually nonexistent. Horton was then removed from further involvement with the cases and, despite being on the fast track to political prominence before the 1933 retrial of the Scottsboro defendants, was defeated for reelection as circuit judge in 1934. His ruling in the Patterson case impacted the Scottsboro defendants’ lives and continues to affect their legacies today. 

Brown researched largely untapped resources that, for the first time, illuminate who Horton was before the Scottsboro trials, what he faced presiding over Patterson’s case, the factors that led him to overturn the jury’s verdict, and his later life raising award-winning cattle. What emerges is a remarkably consistent picture of a man who, Brown argues, for more than ninety years, sought nothing more than to do what he thought was right. Historians of the South, the early twentieth century, the law, and race relations as well as general readers will find this intimate account of the judge in the infamous trials to be riveting and instructive.
 

[more]
cover of A Ministry of Presence: Chaplaincy, Spiritual Care, and the Law

A Ministry of Presence

Chaplaincy, Spiritual Care, and the Law

Winnifred Fallers Sullivan

University of Chicago Press, 2014

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

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

A Muslim Primer

A Beginner's Guide to Islam

Ira G. Zepp

University of Arkansas Press, 2000

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

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

[more]
cover of A Nation of Immigrants Reconsidered: US Society in an Age of Restriction, 1924-1965

A Nation of Immigrants Reconsidered

US Society in an Age of Restriction, 1924-1965

Maddalena Marinari, Madeline Hsu, Maria Garcia

University of Illinois Press, 2019

Scholars, journalists, and policymakers have long argued that the 1965 Immigration and Nationality Act dramatically reshaped the demographic composition of the United States. In A Nation of Immigrants Reconsidered, leading scholars of immigration explore how the political and ideological struggles of the "age of restriction"--from 1924 to 1965--paved the way for the changes to come. The essays examine how geopolitics, civil rights, perceptions of America's role as a humanitarian sanctuary, and economic priorities led government officials to facilitate the entrance of specific immigrant groups, thereby establishing the legal precedents for future policies. Eye-opening articles discuss Japanese war brides and changing views of miscegenation, the recruitment of former Nazi scientists, a temporary workers program with Japanese immigrants, the emotional separation of Mexican immigrant families, Puerto Rican youth’s efforts to claim an American identity, and the restaurant raids of conscripted Chinese sailors during World War II.

Contributors: Eiichiro Azuma, David Cook-Martín, David FitzGerald, Monique Laney, Heather Lee, Kathleen López, Laura Madokoro, Ronald L. Mize, Arissa H. Oh, Ana Elizabeth Rosas, Lorrin Thomas, Ruth Ellen Wasem, and Elliott Young

[more]
cover of A Nation of Widening Opportunities: The Civil Rights Act at 50

A Nation of Widening Opportunities

The Civil Rights Act at 50

Ellen D. Katz and Samuel R. Bagenstos, editors

Michigan Publishing Services, 2015

The Civil Rights Act of 1964 was an extraordinary achievement of law, politics, and human rights. On October 11, 2013, a diverse group of civil rights scholars met at the University of Michigan Law School in Ann Arbor to assess the interpretation, development, and administration of civil rights law in the five decades since President Johnson signed the Act. This volume comprises edited versions of the papers that these scholars presented, enriched by lively discussions at and after the conference, and it contributes to the continuing debates regarding the civil rights project in the United States and the world.
[more]
cover of A New Civil Right: Telecommunications Equality for Deaf and Hard of Hearing Americans

A New Civil Right

Telecommunications Equality for Deaf and Hard of Hearing Americans

Karen Peltz Strauss

Gallaudet University Press, 2006

When three deaf men in the 1960s invented and sold TTYs, the first teletypewriting devices that allowed deaf people to communicate by telephone, they started a telecommunications revolution for deaf people throughout America. A New Civil Right: Telecommunications Equality for Deaf and Hard of Hearing Americans chronicles the history of this movement, which lagged behind new technical developments decades after the advent of TTYs.

In this highly original work, Author Karen Peltz Strauss reveals how the paternalism of the hearing-oriented telecommunications industries slowed support for technology for deaf users. Throughout this comprehensive account, she emphasizes the grassroots efforts behind all of the eventual successes. A New Civil Right recounts each advance in turn, such as the pursuit of special customer premises equipment (SCPE) from telephone companies; the Telecommunications Act of 1982 and the Telecommunications Accessibility Enhancement Act of 1988 and the 1990 Americans with Disabilities Act, which required nationwide relay telephone services for deaf and hard of hearing users.

Strauss painstakingly details how all of these advances occurred incrementally, first on local and state levels, and later through federal law. It took exhaustive campaigning to establish 711 for nationwide relay dialing, while universal access to television captioning required diligent legal and legislative work to pass the Decoder Circuitry Act in 1990. The same persistence resulted in the enactment of the Telecommunications Act of 1996, which required all off-the-shelf communications equipment, including new wireless technology, to be readily accessible to deaf users.

[more]
cover of A New Green Order?: The World Bank and the Politics of the Global Environment Facility

A New Green Order?

The World Bank and the Politics of the Global Environment Facility

Zoe Young

Pluto Press, 2002

The Global Environment Facility (GEF) is a publicly funded, multi-billion dollar experiment in global resource management. It was set up in 1991 by the World Bank to fund international conventions on climate change and biodiversity.

Investigating the workings of this little known aid fund, Zoe Young takes a critical look at the conflicts involved, focusing on how the GEF's agenda relates to questions of globalisation, knowledge and accountability in the United States and the World Bank.

As our landscapes, fertility, cultures and ecosystems are being destroyed every day, Zoe Young gives a disturbing account of the complex issues that must be addressed before the world's environment can be managed more democratically - and effectively.
[more]
cover of A New Scotland: Building an Equal, Fair and Sustainable Society

A New Scotland

Building an Equal, Fair and Sustainable Society

Gregor Gall

Pluto Press, 2022

Inequality and unfairness still stalk Scotland after more than twenty years of devolution. Having done little to shield against austerity, Brexit and an increasingly right-wing Westminster agenda, calls for further constitutional reform to solve pressing political, economic and social problems grow ever louder. The debate over further devolution or independence continues to split the population.

In A New Scotland, leading activists and academics lay out the blueprints for radical reform, showing how society can be transformed by embedding values of democracy, social justice and environmental sustainability into a coherent set of policy ideas.

Structured in two parts, the book takes to task the challenges to affect radical change, before exploring new approaches to key questions such as healthcare, education, public ownership, race, gender and human rights.
[more]
cover of A People's History of the European Court of Human Rights: A People's History of the European Court of Human Rights, First Paperback Edition

A People's History of the European Court of Human Rights

A People's History of the European Court of Human Rights, First Paperback Edition

Goldhaber, Michael

Rutgers University Press, 2007

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

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

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

[more]
cover of A Place of Recourse: A History of the U.S. District Court for the Southern District of Ohio, 1803–2003

A Place of Recourse

A History of the U.S. District Court for the Southern District of Ohio, 1803–2003

Roberta Sue Alexander

Ohio University Press, 2005

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

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

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

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

[more]
cover of A Pound of Flesh: Monetary Sanctions as Punishment for the Poor

A Pound of Flesh

Monetary Sanctions as Punishment for the Poor

Alexes Harris

Russell Sage Foundation, 2016

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

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

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

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

[more]
cover of A Region among States: Law and Non-sovereignty in the Caribbean

A Region among States

Law and Non-sovereignty in the Caribbean

Lee Cabatingan

University of Chicago Press, 2023

Based on long-term ethnographic fieldwork at the Caribbean Court of Justice, A Region among States explores the possibility of constituting a region on a geopolitical and ideological terrain dominated by the nation-state.

How is it that a great swath of the independent, English-speaking Caribbean continues to accept the judicial oversight of their former colonizer via the British institution of the Privy Council? And what possibilities might the Caribbean Court of Justice—a judicial institution responsive to the region, not to any single nation—offer for untangling sovereignty and regionhood, law and modernity, and postcolonial Caribbean identity?
 
Joining the Court as an intern, Lee Cabatingan studied its work up close: she attended each court hearing and numerous staff meetings, served on committees, assisted with the organization of conferences, and helped prepare speeches and presentations for the judges. She now offers insight into not only how the Court positions itself vis-à-vis the Caribbean region and the world but also whether the Court—and, perhaps, the region itself as an overarching construct—might ever achieve a real measure of popular success. In their quest for an accepting, eager constituency, the Court is undertaking a project of extrajudicial region building that borrows from the toolbox of the nation-state. In each chapter, Cabatingan takes us into an analytical dimension familiar from studies of nation and state building—myth, territory, people, language, and brand—to help us understand not only the Court and its ambitions but also the regionalist project, beset as it is with false starts and disappointments, as a potential alternative to the sovereign state.
[more]
cover of A Rogue's Paradise: Crime and Punishment in Antebellum Florida, 1821-1861

A Rogue's Paradise

Crime and Punishment in Antebellum Florida, 1821-1861

James M. Denham

University of Alabama Press, 1997

A history of frontier justice and legal systems in early Florida.

The pervasive influence of the frontier is fundamental to an understanding of antebellum Florida. James M. Denham traces the growth and social development of this sparsely settled region through its experience with crime and punishment. He examines such issues as Florida's criminal code, its judicial and law enforcement officers, the accommodation of criminals in jails and courts, outlaw gangs, patterns of punishment, and the attitude of the public toward lawbreakers.

Using court records, government documents, newspapers, and personal papers, Denham explores how crime affected ordinary Floridians—whites and blacks, perpetrators, victims, and enforcers. He contends that although the frontier determined the enforcement and administration of the law, the ethic of honor dominated human relationships.

[more]
cover of A Rule of Property for Bengal: An Essay on the Idea of Permanent Settlement

A Rule of Property for Bengal

An Essay on the Idea of Permanent Settlement

Ranajit Guha

Duke University Press, 1996

A Rule of Property for Bengal is a classic work on the history of colonial India. First published in 1963, and long unavailable in this country, it is an essential text in the areas of colonial and postcolonial studies. In this book, Ranajit Guha examines the British establishment of the Permanent Settlement of Bengal—the first major administrative intervention by the British in the region and an effort to impose a western notion of private property on the Bengal countryside. Guha’s study of the intellectual origins, goals, and implementation of this policy provides an in-depth view of the dynamics of colonialism and reflects on the lasting effect of that dynamic following the formal termination of colonial rule.
By proclaiming the Permanent Settlement in 1793, the British hoped to promote a prosperous capitalist agriculture of the kind that had developed in England. The act renounced for all time the state’s right to raise the assessment already made upon landowners and thus sought to establish a system of property that was, in the British view, necessary for the creation of a stable government. Guha traces the origins of the Permanent Settlement to the anti-feudal ideas of Phillip Francis and the critique of feudalism provided by physiocratic thought, the precursor of political economy. The central question the book asks is how the Permanent Settlement, founded in anti-feudalism and grafted onto India by the most advanced capitalist power of the day became instrumental in the development of a neo-feudal organization of landed property and in the absorption and reproduction of precapitalist elements in a colonial regime.
Guha’s examination of the British attempt to mold Bengal to the contours of its own society without an understanding of the traditions and obligations upon which the Indian agrarian system was based is a truly pioneering work. The implications of A Rule of Property for Bengal remain rich for the current discussions from the postcolonialist perspective on the meaning of modernity and enlightenment.
[more]
cover of A Rumor of Revolt: The "Great Negro Plot" in Colonial New York

A Rumor of Revolt

The "Great Negro Plot" in Colonial New York

T. J. Davis

University of Massachusetts Press, 1990

This groundbreaking historical examination analyzes the 1741 New York Conspiracy trials: a pivotal moment in colonial American history when the city's legal system prosecuted an alleged slave conspiracy with severe and controversial consequences. Thomas J. Davis meticulously reconstructs the trials and executions that resulted from this supposed uprising, providing crucial insights into the intersection of race, ethnicity, legal practice, and social control in colonial New York.

During the spring and summer of 1741, New York authorities conducted dramatic trials in response to fears of a coordinated slave rebellion. Between May 11 and August 29, 1741, the city executed 35 individuals: thirteen Black men were burned at the stake, seventeen Black men were hanged, and two white men and two white women were also executed. These brutal punishments reflected the city's intense fear and the racialized nature of colonial justice.

Davis's analysis examines the primary source material to investigate what this historical episode reveals about colonial New York's racial hierarchies, ethnic tensions, and legal systems. The work scrutinizes the trials themselves, asking critical questions: Was there truly a conspiracy, or was the event primarily a product of hysteria and rumor? How did racial prejudices, economic anxieties, and the structure of colonial authority shape legal proceedings?

Beyond the courtroom drama, Davis explores the broader implications of these trials for understanding slavery in northern colonies, where enslaved people were not as visible but equally integral to colonial society. The book demonstrates how fear, whether grounded in reality or stoked by rumor, could mobilize entire communities and transform legal systems into instruments of racialized control. This work has become essential reading for understanding how colonial societies constructed narratives of racial threat and employed legal mechanisms to enforce racial subordination.

[more]
cover of A Stranger's Knowledge: Statesmanship, Philosophy, and Law in Plato's Statesman

A Stranger's Knowledge

Statesmanship, Philosophy, and Law in Plato's Statesman

Xavier Márquez

Parmenides Publishing, 2012

The Statesman is a difficult and puzzling Platonic dialogue. In A Stranger's Knowledge Marquez argues that Plato abandons here the classic idea, prominent in the Republic, that the philosopher, qua philosopher, is qualified to rule. Instead, the dialogue presents the statesman as different from the philosopher, the possessor of a specialist expertise that cannot be reduced to philosophy. The expertise is of how to make a city resilient against internal and external conflict in light of the imperfect sociality of human beings and the poverty of their reason. This expertise, however, cannot be produced on demand: one cannot train statesmen like one might train carpenters. Worse, it cannot be made acceptable to the citizens, or operate in ways that are not deeply destructive to the city’s stability. Even as the political community requires his knowledge for its preservation, the genuine statesman must remain a stranger to the city.

Marquez shows how this impasse is the key to understanding the ambiguous reevaluation of the rule of law that is the most striking feature of the political philosophy of the Statesman. The law appears here as a mere approximation of the expertise of the inevitably absent statesman, dim images and static snapshots of the clear and dynamic expertise required to steer the ship of state across the storms of the political world. Yet such laws, even when they are not created by genuine statesmen, can often provide the city with a limited form of cognitive capital that enables it to preserve itself in the long run, so long as citizens, and especially leaders, retain a “philosophical” attitude towards them. It is only when rulers know that they do not know better than the laws what is just or good (and yet want to know what is just and good) that the city can be preserved. The dialogue is thus, in a sense, the vindication of the philosopher-king in the absence of genuine political knowledge. 

 
[more]
cover of A Strike Like No Other Strike: Law and Resistance During the Pittston Coal Strike of 1989-1990

A Strike Like No Other Strike

Law and Resistance During the Pittston Coal Strike of 1989-1990

Richard A. Brisbin, Jr.

West Virginia University Press, 2010

The miners' strike against Pittston Coal in 1989–1990, which spread throughout southwestern Virginia, southern West Virginia, and eastern Kentucky, was one of the most important strikes in the history of American labor, and, as Richard Brisbin observes, "one of the longest and largest incidents of civil disorder and civil disobedience in the United States in the second half of the twentieth century." The company aggressively sought to break the strike, and workers and their families used a variety of tactics—lawful and unlawful—to resist Pittston's efforts as the situation quickly turned ugly.

In A Strike like No Other Strike: Law and Resistance during the Pittston Coal Strike of 1989–1990, Richard Brisbin offers a compelling study of the exercise of political power. In considering the legal significance of the strike, Brisbin asks the larger question of whether even extreme transgression or resistance can fracture the "imagined coherence of the law." He shows how each party in the strike invoked the law to justify its actions while attacking those of the other side as unlawful. In the end, both sides lost; although the U.S. Supreme Court ultimately ruled in favor of the union, most of the strikers faced elimination of their jobs and an ongoing struggle for pensions and health benefits.

[more]
cover of A Student's Guide to Law School: What Counts, What Helps, and What Matters

A Student's Guide to Law School

What Counts, What Helps, and What Matters

Andrew B. Ayers

University of Chicago Press, 2013

Law school can be a joyous, soul-transforming challenge that leads to a rewarding career. It can also be an exhausting, self-limiting trap. It all depends on making smart decisions. When every advantage counts, A Student’s Guide to Law School is like having a personal mentor available at every turn.

As a recent graduate and an appellate lawyer, Andrew Ayers knows how high the stakes are—he’s been there, and not only did he survive the experience, he graduated first in his class. In A Student’s Guide to Law School he shares invaluable insight on what it takes to make a successful law school journey. Originating in notes Ayers jotted down while commuting to his first clerkship with then-Judge Sonia Sotomayor, and refined throughout his first years as a lawyer, A Student’s Guide to Law School offers a unique balance of insider’s knowledge and professional advice.

Organized in four parts, the first part looks at tests and grades, explaining what’s expected and exploring the seven choices students must make on exam day. The second part discusses the skills needed to be a successful law student, giving the reader easy-to-use tools to analyze legal materials and construct clear arguments.

The third part contains advice on how to use studying, class work, and note-taking to find your best path. Finally, Ayers closes with a look beyond the classroom, showing students how the choices they make in law school will affect their career—and even determine the kind of lawyer they become.

The first law school guide written by a recent top-ranked graduate, A Student’s Guide to Law School is relentlessly practical and thoroughly relevant to the law school experience of today’s students. With the tools and advice Ayers shares here, students can make the most of their investment in law school, and turn their valuable learning experiences into a meaningful career.
[more]
cover of A Student-Friendly Guide to Move from Civil Law to U.S. Common Law

A Student-Friendly Guide to Move from Civil Law to U.S. Common Law

Nancy Daspit and Kirsten Schaetzel

University of Michigan Press, 2025

A Student-Friendly Guide to Move from Civil Law to U.S. Common Law provides an overview of the differences in the study and practice of law for international LLM students trying to transition from their home country’s civil law legal system to the U.S. common law system. The vast majority of countries in the world are civil code jurisdictions that rely almost solely on statutes (codes) to define their laws. However, common law countries—such as the US, Canada, and Great Britain—have multiple sources of law, including constitutions, statutes, regulations, and cases decided by the courts. These court cases have the same force of law as the other sources within their respective jurisdictions, and thus the resulting decisions must be followed in future cases, unless otherwise nullified.

To help students who may feel overwhelmed adjusting to a new approach to legal education, this book focuses on these key differences between civil law and common law jurisdictions. It defines and demonstrates the application of key concepts with examples, illustrations, and exercises. While relatively brief, it provides numerous references to the other texts and sources for students wanting or needing more depth for some of the topics. The book also includes numerous examples illustrating the differences, with an emphasis on common law examples, of key documents and processes used in the practice of law. Further, it includes student-focused exercises and questions on the analytical and rhetorical skills needed for a successful law practice, whether the student will continue in a common law jurisdiction or merely needs to understand the common law for continued practice in their civil law jurisdiction.

Within this book, students will find
  • a brief historical background regarding the development of the common law system; 
  • a description of the US government structure, with an emphasis on the judicial branch; 
  • key rhetorical and analytical differences between civil law and common law; 
  • numerous examples of differences between the two systems, with an emphasis on common law requirements; 
  • and exercises for practice with key concepts and terminology.
[more]
cover of A Supreme Court Unlike Any Other: The Deepening Divide Between the Justices and the People

A Supreme Court Unlike Any Other

The Deepening Divide Between the Justices and the People

Kevin J. McMahon

University of Chicago Press, 2024

A data-rich examination of the US Supreme Court's unprecedented detachment from the democratic processes that buttress its legitimacy.

Today’s Supreme Court is unlike any other in American history. This is not just because of its jurisprudence but also because the current Court has a tenuous relationship with the democratic processes that help establish its authority. Historically, this “democracy gap” was not nearly as severe as it is today. Simply put, past Supreme Courts were constructed in a fashion far more in line with the promise of democracy—that the people decide and the majority rules.

Drawing on historical and contemporary data alongside a deep knowledge of court battles during presidencies ranging from FDR to Donald Trump, Kevin J. McMahon charts the developments that brought us here. McMahon offers insight into the altered politics of nominating and confirming justices, the shifting pool of Supreme Court hopefuls, and the increased salience of the Court in elections. A Supreme Court Unlike Any Other is an eye-opening account of today’s Court within the context of US history and the broader structure of contemporary politics.

[more]
cover of A Supreme Court Unlike Any Other: The Deepening Divide Between the Justices and the People

A Supreme Court Unlike Any Other

The Deepening Divide Between the Justices and the People

Kevin J. McMahon

University of Chicago Press, 2024

This is an auto-narrated audiobook version of this book.

A data-rich examination of the US Supreme Court's unprecedented detachment from the democratic processes that buttress its legitimacy.

Today’s Supreme Court is unlike any other in American history. This is not just because of its jurisprudence but also because the current Court has a tenuous relationship with the democratic processes that help establish its authority. Historically, this “democracy gap” was not nearly as severe as it is today. Simply put, past Supreme Courts were constructed in a fashion far more in line with the promise of democracy—that the people decide and the majority rules.

Drawing on historical and contemporary data alongside a deep knowledge of court battles during presidencies ranging from FDR to Donald Trump, Kevin J. McMahon charts the developments that brought us here. McMahon offers insight into the altered politics of nominating and confirming justices, the shifting pool of Supreme Court hopefuls, and the increased salience of the Court in elections. A Supreme Court Unlike Any Other is an eye-opening account of today’s Court within the context of US history and the broader structure of contemporary politics.

[more]
cover of A Tale of Two Murders: Passion and Power in Seventeenth-Century France

A Tale of Two Murders

Passion and Power in Seventeenth-Century France

James R. Farr

Duke University Press, 2005

As scandalous as any modern-day celebrity murder trial, the “Giroux affair” was a maelstrom of intrigue, encompassing daggers, poison, adultery, archenemies, servants, royalty, and legal proceedings that reached the pinnacle of seventeenth-century French society. In 1638 Philippe Giroux, a judge in the highest royal court of Burgundy, allegedly murdered his equally powerful cousin, Pierre Baillet, and Baillet’s valet, Philibert Neugot. The murders were all the more shocking because they were surrounded by accusations (particularly that Giroux had been carrying on a passionate affair with Baillet’s wife), conspiracy theories (including allegations that Giroux tried to poison his mother-in-law), and unexplained deaths (Giroux’s wife and her physician died under suspicious circumstances). The trial lasted from 1639 until 1643 and came to involve many of the most distinguished and influential men in France, among them the prince of Condé, Henri II Bourbon; the prime minister, Cardinal Richelieu; and King Louis XIII.

James R. Farr reveals the Giroux affair not only as a riveting murder mystery but also as an illuminating point of entry into the dynamics of power, justice, and law in seventeenth-century France. Drawing on the voluminous trial records, Farr uses Giroux’s experience in the court system to trace the mechanisms of power—both the formal power vested by law in judicial officials and the informal power exerted by the nobility through patron-client relationships. He does not take a position on Giroux’s guilt or innocence. Instead, he allows readers to draw their own conclusions about who did what to whom on that ill-fated evening in 1638.

[more]
cover of A Time to Speak: The Story of a Young American Lawyer's Struggle for His City—and Himself

A Time to Speak

The Story of a Young American Lawyer's Struggle for His City—and Himself

Charles Morgan Jr., With a New Foreword by Senator Doug Jones

University of Alabama Press, 2022

Brings back into print a classic account of courage and calamity in the long march toward racial justice in the South, and the nation

On September 15, 1963, a bomb exploded at the Sixteenth Street Baptist Church in Birmingham, Alabama, killing four young Black girls. The very next day, a prominent white lawyer named Charles Morgan Jr. was scheduled to speak at a luncheon held by the Young Men’s Business Club of Birmingham. A well-regarded figure in the city’s legal and business establishment, Morgan had been mentioned frequently as a candidate for political office. To the shock of his longtime friends and associates, Morgan deviated from his planned remarks, instead using his platform to place the blame for the murder of the four young girls squarely on the shoulders of the city’s white middle-class establishment, those seated before him.

As much as his stand was admired nationally, in Birmingham the results were destructive for him personally. Threats against his life and the lives of his family poured in daily by phone and mail, his political career was finished, and he was faced with financial ruin. Within weeks, he moved his family out of the state, and thenceforward committed himself to legal action in the name of racial justice. In 1964, he established the regional office of the ACLU in Atlanta. In the 1964 Supreme Court case Reynolds v. Sims, Morgan successfully argued that districts in state legislatures needed to be of nearly equal size, establishing the principle of “one man, one vote” to effectively end the use of gerrymandering.

A Time to Speak was originally published in 1964, a mere year after Morgan and his family fled Birmingham. The memoir recounts not only his speech, but his entire upbringing and the political, cultural, and social milieus in which he was raised and which gave rise to the cowardice, institutional silence, fear, and hate that those conditions nursed. This new edition features a foreword from US Senator Doug Jones.
 

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cover of A Tribal Order: Politics and Law in the Mountains of Yemen

A Tribal Order

Politics and Law in the Mountains of Yemen

By Shelagh Weir

University of Texas Press, 2006

2008 — British-Kuwait Friendship Prize in Middle Eastern Studies – British Society for Middle Eastern Studies

A Tribal Order describes the politico-legal system of Jabal Razih, a remote massif in northern Yemen inhabited by farmers and traders. Contrary to the popular image of Middle Eastern tribes as warlike, lawless, and invariably opposed to states, the tribes of Razih have stable structures of governance and elaborate laws and procedures for maintaining order and resolving conflicts with a minimum of physical violence. Razihi leaders also historically cooperated with states, provided the latter respected their customs, ideals, and interests. Weir considers this system in the context of the rugged environment and productive agricultural economy of Razih, and of centuries of continuous rule by Zaydi Muslim regimes and (latterly) the republican governments of Yemen.

The book is based on Weir's extended anthropological fieldwork on Jabal Razih, and on her detailed study of hundreds of handwritten contracts and treaties among and between the tribes and rulers of Razih. These documents provide a fascinating insight into tribal politics and law, as well as state-tribe relations, from the early seventeenth to the late twentieth century. A Tribal Order is also enriched by case histories that vividly illuminate tribal practices. Overall, this unusually wide-ranging work provides an accessible account of a remarkable Arabian society through time.

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cover of A Voice for Justice: Writings of David Schuman

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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cover of A Weak Woman in a Strong Battle: Women and Public Execution in Early Modern England

A Weak Woman in a Strong Battle

Women and Public Execution in Early Modern England

Jennifer Lillian Lodine-Chaffey

University of Alabama Press, 2022

A scholarly study of how women’s executions were staged, interpreted, and recorded in Renaissance England

A Weak Woman in a Strong Battle: Women and Public Execution in Early Modern England provides critical insights on representations of women on the scaffold, focusing on how female victims and those writing about them constructed meaning from the ritual. Jennifer Lodine-Chaffey draws on a wide range of genres, from accounts of martyrdom to dramatic works, to explore not only the words of women executed in Tudor and Stuart England, but also the ways that writers represented female bodies as markers of penitence or deviance.

A significant part of the execution spectacle—one used to assess the victim’s proper acceptance of death and godly repentance—was the final speech offered at the foot of the gallows or before the pyre. To ensure their final words held value for audiences, women adopted conventionally gendered language and positioned themselves as subservient and modest. The reception of women’s speeches, Lodine-Chaffey argues, depended on their performances of accepted female behaviors and language as well as physical signs of interior regeneration. Indeed, when women presented themselves or were represented as behaving in stereotypically feminine and virtuous ways, they were able to offer limited critiques of their fraught positions in society.

Just as important as their words, though, were the depictions of women’s bodies. The executed woman’s body, Lodine-Chaffey contends, functioned as a text, scrutinized by witnesses and readers for markers of innocence or guilt. The intense focus on the words and bodies of women facing execution during this period, Lodine-Chaffey argues, became a catalyst for a more thorough interest in and understanding of women’s roles not just as criminals but as subjects

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