Neal Devins and Davison M. Douglas, eds.
Duke University Press, 2004
Some essays consider the role of “swing” Justices Sandra Day O’Connor and Anthony Kennedy within a Court that divides 5–4 more than any other group of Justices in the nation’s history. Others examine the political reaction to and legal context of the Court’s Lawrence v. Texas decision declaring a Texas law criminalizing homosexual sodomy unconstitutional. Contributors analyze the Court’s rulings on affirmative action and reassess its commitment to states’ rights. Considering the Court’s practices, one advocate explores the use and utility of amicus curiae, or “friend of the court” briefs, while another reflects on indications of an increased openness by the Court to public scrutiny. Two advocates who argued cases before the Court—one related to hate speech and the other to a “three strikes and you’re out” criminal statute—offer vivid accounts of their experiences. Intended for general readers, A Year at the Supreme Court is for all those who want to understand the Rehnquist Court and its momentous 2002–03 term.
Contributors
Erwin Chemerinsky
Neal Devins
Davison M. Douglas
David J. Garrow
Dahlia Lithwick
Tony Mauro
Carter Phillips
Ramesh Ponnuru
Jeffrey Rosen
David G. Savage
Rodney A. Smolla
Stuart Taylor Jr.
Rodney A. Smolla, ed.
Duke University Press, 1995
Douglas Walton
University of Alabama Press, 2005
Jess A. Goldberg
University of Minnesota Press, 2024
How Black Atlantic literature can challenge conventions and redefine literary scholarship
Abolition Time is an invitation to reenvision abolitionist justice through literary studies. Placing critical race theory, queer theory, critical prison studies, and antiprison activism in conversation with an archive of Black Atlantic literatures of slavery, Jess A. Goldberg reveals how literary studies can help undo carceral epistemologies embedded in language and poetics.
Goldberg examines poetry, drama, and novels from the nineteenth century through the twenty-first—such as William Wells Brown’s The Escape, Angelina Weld Grimké’s Rachel, Toni Morrison’s A Mercy, and Claudia Rankine’s Citizen—to consider literature and literary scholarship’s roles in shaping societal paradigms. Focusing on how Black Atlantic literature disrupts the grammar of law and order, they show how these texts propose nonlinear theories of time that imagine a queer relationality characterized by care rather than inheritance, property, or biology.
Abolition Time offers a framework for thinking critically about what is meant by the term justice in the broadest and deepest sense, using close reading to inform the question of abolishing prisons or the police and to think seriously about the most fundamental questions at the heart of the abolitionist movement.
Frédéric Mégret
Central European University Press, 2024
The notion of academic freedom dates back to the creation of universities and has long been understood to be central to their vocation. This freedom has come under attack by different actors throughout its history. In the current context, rising threats to democracy and human liberties, the corporatization of research, concerns about diversity and increased societal polarization, are putting a considerable pressure on its exercise. However, academic freedom is also a concept that suffers from persistent ambiguities associated with the general notion of freedom as well as debates about the function of universities.
This edited collection addresses the question of academic freedom by situating it in its broader global context. More conceptual treatments contribute to an understanding of academic freedom as distinct and separate from, although related to, freedom of expression, or student rights. These conceptual treatments are combined with studies of actual struggles over the scope of academic freedom in specific universities. The contributions come from a broad variety of sites seek to deprovincialize the conversation beyond North America or the English-speaking world.
David Marburger
Ohio University Press, 2011
For those who find themselves in a battle for public records, Access with Attitude: An Advocate’s Guide to Freedom of Information in Ohio is an indispensable weapon. First Amendment lawyer David Marburger and investigative journalist Karl Idsvoog have written a simply worded, practical guide on how to take full advantage of Ohio’s so-called Sunshine Laws.
Journalists, law firms, labor unions, private investigators, genealogists, realty companies, banks, insurers—anyone who regularly needs access to publicly held information—will find this comprehensive and contentious guide to be invaluable. Marburger, who drafted many of the provisions that Ohio adopted in its open records law, and coauthor Idsvoog have been fighting for broader access to public records their entire careers. They offer field-tested tips on how to avoid “no,” and advise readers on legal strategies if their requests for information go unmet. Step by step, they show how to avoid delays and make the law work.
Whether you’re a citizen, a nonprofit organization, a journalist, or an attorney going after public records, Access with Attitude is an essential resource.
Sangita Chari and Jaime M. N. Lavallee
Oregon State University Press, 2013

Edited by Sheila Fitzpatrick and Robert Gellately
University of Chicago Press, 1997
Virginie Rouas
University of London Press, 2022
Renisa Mawani
Duke University Press, 2018
James Boyd White
University of Chicago Press, 1994
Richard L. Vining Jr. and Teena Wilhelm
University of Michigan Press, 2023
Administering Justice examines the leadership role of chief justices in the American states, including how those duties require chief justices to be part of the broader state political environment. Vining and Wilhelm focus extensively on the power of chief justices as public spokespersons, legislative liaisons, and reform leaders. In contrast to much existing research on chief justices in the states, this study weighs their extrajudicial responsibilities rather than intracourt leadership. By assessing the content of State of the Judiciary remarks delivered over a period of sixty years, Vining and Wilhelm are able to analyze the reform agendas advanced by chief justices and determine what factors influence the likelihood of success. These analyses confirm that chief justices engage with state politics in meaningful ways and that reactions to their proposals are influenced by ideological congruence with other political elites and the scope of their requests. Administering Justice also examines the chief justice position as an institution, provides a collective profile of its occupants, and surveys growing diversity among court leaders.
Denis J. Galligan
Central European University Press, 1998
Kamari Maxine Clarke
Duke University Press, 2019
Susan Welch and John Gruhl
University of Michigan Press, 1998
W. Avon Drake and Robert D. Holsworth
University of Illinois Press, 1996
Insightful and path-breaking, Affirmative Action and the Stalled Quest for Black Progress examines the accomplishments and limitations of the set-aside programs once at the center of political debates about affirmative action in the United States.

Sheldon Krantz
Duke University Press, 2027
Iris Berger
Ohio University Press, 2015
African Asylum at a Crossroads: Activism, Expert Testimony, and Refugee Rights examines the emerging trend of requests for expert opinions in asylum hearings or refugee status determinations. This is the first book to explore the role of court-based expertise in relation to African asylum cases and the first to establish a rigorous analytical framework for interpreting the effects of this new reliance on expert testimony.
Over the past two decades, courts in Western countries and beyond have begun demanding expert reports tailored to the experience of the individual claimant. As courts increasingly draw upon such testimony in their deliberations, expertise in matters of asylum and refugee status is emerging as an academic area with its own standards, protocols, and guidelines. This deeply thoughtful book explores these developments and their effects on both asylum seekers and the experts whose influence may determine their fate.
Contributors: Iris Berger, Carol Bohmer, John Campbell, Katherine Luongo, E. Ann McDougall, Karen Musalo, Tricia Redeker Hepner, Amy Shuman, Joanna T. Tague, Meredith Terretta, and Charlotte Walker-Said.
Bernard E. Harcourt
University of Chicago Press, 2006
From random security checks at airports to the use of risk assessment in sentencing, actuarial methods are being used more than ever to determine whom law enforcement officials target and punish. And with the exception of racial profiling on our highways and streets, most people favor these methods because they believe they’re a more cost-effective way to fight crime.
In Against Prediction, Bernard E. Harcourt challenges this growing reliance on actuarial methods. These prediction tools, he demonstrates, may in fact increase the overall amount of crime in society, depending on the relative responsiveness of the profiled populations to heightened security. They may also aggravate the difficulties that minorities already have obtaining work, education, and a better quality of life—thus perpetuating the pattern of criminal behavior. Ultimately, Harcourt shows how the perceived success of actuarial methods has begun to distort our very conception of just punishment and to obscure alternate visions of social order. In place of the actuarial, he proposes instead a turn to randomization in punishment and policing. The presumption, Harcourt concludes, should be against prediction.
Paul F. Campos, Pierre Schlag, and Steven D. Smith
Duke University Press, 1996
Gregory, Raymond F
Rutgers University Press, 2001
Nearly every middle-aged and older worker, at some time during his or her career, will suffer age discrimination in the workplace. Employers too often use early-retirement plans, restructurings, and downsizings to dismiss older workers. Many of these individuals are unwillingly ushered into earlier-than-planned retirements, are denied promotions, or are terminated. The baby-boomer generation now accounts for just under 50 percent of the entire workforce. A vast army of workers now stands ready to contest employer acts of age discrimination.
Attorney Raymond Gregory addresses himself to the millions of workers who think they might be facing age discrimination and traces the history of the federal measures enacted to assist workers in contesting unlawful employer conduct. He explains how the law works and presents actual court cases to demonstrate the ways that workers have challenged their employers. The cases help to illustrate legal principles in real-life experiences and many of the cases relate compelling stories of workers caught up in a web of employer discriminatory conduct. Gregory has eliminated all legal jargon, ensuring that all concepts are clear to his readers. Individuals will turn to this book again and again to obtain authoritative background on this important topic.
Lawrence Frolik
Temple University Press, 1999
Matilda White Riley
Russell Sage Foundation, 1969
Steven P. Brown
University of Alabama Press, 2020
WINNER OF THE ANNE B. & JAMES B. MCMILLAN PRIZE IN SOUTHERN HISTORY
Examines the legacies of eight momentous US Supreme Court decisions that have their origins in Alabama legal disputes.
Unknown to many, Alabama has played a remarkable role in a number of Supreme Court rulings that continue to touch the lives of every American. In Alabama Justice: The Cases and Faces That Changed a Nation, Steven P. Brown has identified eight landmark cases that deal with religion, voting rights, libel, gender discrimination, and other issues, all originating from legal disputes in Alabama.
Written in a concise and accessible manner, each case law chapter begins with the circumstances that created the dispute. Brown then provides historical and constitutional background for the issue followed by a review of the path of litigation. Excerpts from the Court’s ruling in the case are also presented, along with a brief account of the aftermath and significance of the decision. The First Amendment (New York Times v. Sullivan), racial redistricting (Gomillion v. Lightfoot), the Equal Protection Clause of the Fourteenth Amendment (Frontiero v. Richardson), and prayer in public schools (Wallace v. Jaffree) are among the pivotal issues stamped indelibly by disputes with their origins in Alabama legal, political, and cultural landscapes. By examining such landmark twentieth-century milestones and eras such as the Scottsboro Boys trial, the Civil Rights movement, and the fight for women’s rights through a legal lens, Brown sheds new and unexpected light on the ways that events in Alabama have shaped the nation.
In addition to his analysis of cases, Brown discusses the three associate Supreme Court justices from Alabama to the Supreme Court: John McKinley, John Archibald Campbell, and Hugo Black. Their cumulative influence on constitutional interpretation, the institution of the Court, and the day-to-day rights and liberties enjoyed by every American is impossible to measure. A closing chapter examines the careers and contributions of these three Alabamians.
Heather Elliott
University of Alabama Press, 2026
A compelling exploration of how Alabama’s aging water laws endanger its resources and why urgent, forward thinking reform is essential for the state’s future.
Alabama Water-Resources Law is the first truly comprehensive study examining the structure and shortcomings of Alabama’s water law. This prodigious treatise provides a necessary tool to help the state and its people understand and prepare for the wise use of its water resources. Part I provides a clear and critical statement of Alabama’s current water law in eleven chapters. Part II expands on the criticisms of existing Alabama law, recounts the history of previous efforts at addressing those criticisms, and makes recommendations for change, taking lessons from other southeastern states.
Throughout, University of Alabama law professor Heather Elliott underscores the flaws in Alabama’s current body of law, arguing that Alabama’s abundant water resources have fostered complacency that the state and its residents can no longer afford. As Alabama’s water supply is strained by population growth, economic development, and global climate change, the deficiencies in the archaic legal framework will become crippling. Investments made on the assumption of plenty will fail as water becomes less available, Alabama’s world-class aquatic biodiversity will become even more endangered, and Alabama’s courts will suffer a glut of new litigation as parties fight over rights to a finite resource. Elliott demonstrates how Alabama can avoid the worst of these consequences through the adoption of a regulated riparian statute.
Ample illustrations provide an extensive inventory of the state’s surface and groundwater resources and a technical primer on instream flow. This is a must-read for all Alabama policymakers, attorneys, and concerned citizens to answer water-law questions and to make proactive laws to bring Alabama into twenty-first-century practices.
Edited by University of Alaska Press
University of Alaska Press, 2020
David Case
University of Alaska Press, 2002
David S. Case and David A. Voluck
University of Alaska Press, 2012
Now in its third edition, Alaska Natives and American Laws is still the only work of its kind, canvassing federal law and its history as applied to the indigenous peoples of Alaska. Covering 1867 through 2011, the authors offer lucid explanations of the often-tangled history of policy and law as applied to Alaska’s first peoples. Divided conceptually into four broad themes of indigenous rights to land, subsistence, services, and sovereignty, the book offers a thorough and balanced analysis of the evolution of these rights in the forty-ninth state.
José Angel Gutiérrez
Michigan State University Press, 2017
Emily L. Thuma
University of Illinois Press, 2019
Allison C. Carey, Pamela Block, and Richard K. Scotch
Temple University Press, 2020
Parents of children with disabilities often situate their activism as a means of improving the world for their child. However, some disabled activists perceive parental activism as working against the independence and dignity of people with disabilities. This thorny relationship is at the heart of the groundbreaking Allies and Obstacles.
The authors chronicle parents’ path-breaking advocacy in arenas such as the right to education and to liberty via deinstitutionalization as well as how they engaged in legal and political advocacy. Allies and Obstacles provides a macro analysis of parent activism using a social movement perspective to reveal and analyze the complex—and often tense—relationship of parents to disability rights organizations and activism.
The authors look at organizational and individual narratives using four case studies that focus on intellectual disability, psychiatric diagnoses, autism, and a broad range of physical disabilities including cerebral palsy and muscular dystrophy. These cases explore the specific ways in which activism developed among parents and people with disabilities, as well as the points of alliance and the key points of contestation. Ultimately, Allies and Obstacles develops new insights into disability activism, policy, and the family.
Deirdre McCarthy Gallagher
Michigan State University Press, 2020
Kim Boyer
University of Nevada Press, 2025
Kim Boyer
University of Nevada Press, 2012
Vanessa Ann Gunther
Michigan State University Press, 2006
In 1769, Spain took action to solidify control over its northern New World territories by establishing a series of missions and presidios in what is now modern California. To populate these remote establishments, the Spanish crown relied on Franciscan priests, whose role it was to convince the Native Californian population to abandon their traditional religious practices and adopt Catholicism. During their tutelage, the Indians of California would be indoctrinated into Spanish society, where they would learn obedience to the church and crown.
The legal system of Southern California has been used by Anglo populations as a social and demographic tool to control Native Americans. Following the Mexican-American War and the 1849 Gold Rush, as California property values increased and transportation corridors were established, Native Americans remained a sharply declining presence in many communities, and were likely to be charged with crimes. The sentences they received were lighter than those given to Anglo offenders, indicating that the legal system was used as a means of harassment. Additionally, courts chronicled the decline of the once flourishing native populations with each case of drunkenness, assault, or rape that appeared before the bench. Nineteenth-century American society had little sympathy for the plight of Indians or for the destruction of their culture. Many believed that the Indians of Southern California would fade from history because of their inability to adapt to a changing world. While many aspects of their traditional culture have been irreparably lost, the people of southern California are, nevertheless, attempting to recreate the cultures that were challenged by the influx of Europeans and later Americans to their lands.
Reuben Zahler
University of Arizona Press, 2013
Alexander Karn
University of Wisconsin Press, 2017
Lawrence Lessig
University of Chicago Press, 2018
Willard Cochrane
University of Minnesota Press, 1976
Patrick Hagopian
University of Massachusetts Press, 2013
In 1955 the Supreme Court ruled that veterans of the U.S. armed forces could not be court-martialed for overseas crimes that were not detected until after they had left military service. Territorial limitations placed such acts beyond the jurisdiction of civilian courts, and there was no other American court in which they could be adjudicated. As a result, a jurisdictional gap emerged that for decades exempted former troops from prosecution for war crimes. “This was not merely a theoretical possibility,” Patrick Hagopian writes. Over a dozen former soldiers who participated in the My Lai massacre did in fact “get away with murder.” Further court rulings expanded the gap to cover civilian employees and contractors that accompanied the armed forces.
In American Immunity, Hagopian places what he calls the “superpower exemption” in the context of a long-standing tension between international law and U.S. sovereignty. He shows that despite the U.S. role in promulgating universal standards of international law and forming institutions where those standards can be enforced, the United States has repeatedly refused to submit its own citizens and troops to the jurisdiction of international tribunals and failed to uphold international standards of justice in its own courts.
In 2000 Congress attempted to close the jurisdictional gap with passage of the Military Extraterritorial Jurisdiction Act. The effectiveness of that legislation is still in question, however, since it remains unclear how willing civilian American juries will be to convict veterans for conduct in foreign war zones.
Edited by Eric D. Lemont
University of Texas Press, 2006
Since 1975, when the U.S. government adopted a policy of self-determination for American Indian nations, a large number of the 562 federally recognized nations have seized the opportunity to govern themselves and determine their own economic, political, and cultural futures. As a first and crucial step in this process, many nations are revising constitutions originally developed by the U.S. government to create governmental structures more attuned to native people's unique cultural and political values. These new constitutions and the governing institutions they create are fostering greater governmental stability and accountability, increasing citizen support of government, and providing a firmer foundation for economic and political development.
This book brings together for the first time the writings of tribal reform leaders, academics, and legal practitioners to offer a comprehensive overview of American Indian nations' constitutional reform processes and the rebuilding of native nations. The book is organized in three sections. The first part investigates the historical, cultural, economic, and political motivations behind American Indian nations' recent reform efforts. The second part examines the most significant areas of reform, including criteria for tribal membership/citizenship and the reform of governmental institutions. The book concludes with a discussion of how American Indian nations are navigating the process of reform, including overcoming the politics of reform, maximizing citizen participation, and developing short-term and long-term programs of civic education.
Conference of Western Attorneys General Conference of Western Attorneys General
University Press of Colorado, 2008
Included are:
-The evolution of federal statutory Indian law and the judicial foundations of federal Indian policy.
-An extensive compilation and analysis of federal and state court decisions.
- Reservation and Indian lands ownership and property interests.
-The parameters of criminal jurisdiction in Indian country.
-Concepts of tribal sovereignty and jurisdiction relating to a number of specific areas, including tribal courts, hunting and fishing, environmental regulation, water rights, gaming, and child welfare.
-Cooperative approaches used by the states and tribes for resolving jurisdictional disputes and promoting better relations.
Thorough, scholarly, and balanced, the American Indian Law Deskbook, Fourth Edition is an invaluable reference for a wide range of people working with Indian tribes, including attorneys, legal scholars, government officials, social workers, state and tribal jurists, and historians. This revised edition includes information from more recent court decisions, federal statutes, administrative regulations, and law reviews.
Clara S. Lewis
Rutgers University Press, 2025

Debra S. Lee, J.D., Charles Hall, Susan Barone
University of Michigan Press, 2012
This product contains the supplemental listening activities (21 tracks) to support the textbook American Legal English (978-0-472-03206-0), and are available via MP3 download. Running time: 000:36:43.
The American Legal English products were developed to help non-native speakers improve their ability to understand and communicate in English with their legal counterparts around the world. The text is an introduction to basic legal information and the U.S. legal system that addresses the major areas of law and provides actual cases and statutes so that students can become familiar with legal syntax and legal vocabulary.
Debra S. Lee, J.D., Charles Hall, and Susan M. Barone
University of Michigan Press, 2012
Law is a profession that requires the ability to read critically, write well, synthesize sources from research, and speak concisely and clearly. American Legal English was developed to help non-native speakers improve their ability to understand and communicate in English with their legal counterparts around the world. The text is an introduction to basic legal information and the U.S. legal system that addresses the major areas of law and provides actual cases and statutes so that students can become familiar with legal syntax and legal vocabulary.
Each chapter addresses a particular area of the law and has three parts:
In the second edition, the language development activities have been moved to the back of the book and are organized in the categories of writing, reading, oral communication, grammar, and culture.
Supplemental listening activities (21 tracks) are available via an audio CD (978-0-472-00325-9) or MP3 download (978-0-472-00360-0) is available for use in conjunction with this textbook. Running time: 000:40:02.
Joachim J. Savelsberg
Russell Sage Foundation, 2012
Anthony Gregory
University of Wisconsin Press, 2016
David Von Drehle
University of Michigan Press, 2010
Franklin E. Zimring
University of Chicago Press, 2004
An American Travesty is the first scholarly book in half a century to analyze the justice system’s response to sexual misconduct by children and adolescents in the United States. Writing with a refreshing dose of common sense, Franklin E. Zimring discusses our society's failure to consider the developmental status of adolescent sex offenders. Too often, he argues, the American legal system ignores age and developmental status when adjudicating young sexual offenders, in many cases responding as they would to an adult.
“An opinionated, articulate, and forceful critique of current politics and practices. . . . I would recommend this book for anyone interested in rethinking the fundamental questions of how our courts and systems should respond to these cases.”—Law and Politics Book Review
“One of the most important new books in the field of juvenile justice. . . . Zimring offers a thoughtful, research-based analysis of what went wrong with legal policy development.”—Barry Krisberg, President, National Council on Crime and Delinquency
Michael Skerker
University of Chicago Press, 2010