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

cover of An Indispensable Liberty: The Fight for Free Speech in Nineteenth-Century America

An Indispensable Liberty

The Fight for Free Speech in Nineteenth-Century America

Edited by Mary M. Cronin

Southern Illinois University Press, 2016

Most Americans today view freedom of speech as a bedrock of all other liberties, a defining feature of American citizenship. During the nineteenth century, the popular concept of American freedom of speech was still being formed. In An Indispensable Liberty: The Fight for Free Speech in Nineteenth-Century America, contributors examine attempts to restrict freedom of speech and the press during and after the Civil War.
 
The eleven essays that make up this collection show how, despite judicial, political, and public proclamations of support for freedom of expression, factors like tradition, gender stereotypes, religion, and fear of social unrest often led to narrow judicial and political protection for freedom of expression by people whose views upset the status quo. These views, expressed by abolitionists, suffragists, and labor leaders, challenged rigid cultural mores of the day, and many political and cultural leaders feared that extending freedom of expression to agitators would undermine society. The Civil War intensified questions about the duties and privileges of citizenship. After the war, key conflicts over freedom of expression were triggered by Reconstruction, suffrage, the Comstock Act, and questions about libel.
 
The volume’s contributors blend social, cultural, and intellectual history to untangle the complicated strands of nineteenth-century legal thought. By chronicling the development of modern-day notions of free speech, this timely collection offers both a valuable exploration of the First Amendment in nineteenth-century America and a useful perspective on the challenges we face today.
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cover of An Introduction to Legal Reasoning

An Introduction to Legal Reasoning

Edward H. Levi

University of Chicago Press, 1962

This volume will be of interest and value to students of logic, ethics, and political philosophy, as well as to members of the legal profession and to everyone concerned with problems of government and jurisprudence. By citing a large number of cases, the author makes his presentation of the processes of judicial interpretation particularly lucid.
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cover of An Introduction to Legal Reasoning

An Introduction to Legal Reasoning

Edward H. Levi

University of Chicago Press, 2013

Originally published in 1949, An Introduction to Legal Reasoning is widely acknowledged as a classic text. As its opening sentence states, “This is an attempt to describe generally the process of legal reasoning in the field of case law and in the interpretation of statutes and of the Constitution.” In elegant and lucid prose, Edward H. Levi does just that in a concise manner, providing an intellectual foundation for generations of students as well as general readers.

For this edition, the book includes a substantial new foreword by leading contemporary legal scholar Frederick Schauer that helpfully places this foundational book into its historical and legal contexts, explaining its continuing value and relevance to understanding the role of analogical reasoning in the law. This volume will continue to be of great value to students of logic, ethics, and political philosophy, as well as to members of the legal profession and everyone concerned with problems of government and jurisprudence.

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cover of An Introduction to Legal Reasoning

An Introduction to Legal Reasoning

Edward H. Levi

University of Chicago Press, 2013

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

Originally published in 1949, An Introduction to Legal Reasoning is widely acknowledged as a classic text. As its opening sentence states, “This is an attempt to describe generally the process of legal reasoning in the field of case law and in the interpretation of statutes and of the Constitution.” In elegant and lucid prose, Edward H. Levi does just that in a concise manner, providing an intellectual foundation for generations of students as well as general readers.

For this edition, the book includes a substantial new foreword by leading contemporary legal scholar Frederick Schauer that helpfully places this foundational book into its historical and legal contexts, explaining its continuing value and relevance to understanding the role of analogical reasoning in the law. This volume will continue to be of great value to students of logic, ethics, and political philosophy, as well as to members of the legal profession and everyone concerned with problems of government and jurisprudence.
[more]
cover of An Organ of Murder: Crime, Violence, and Phrenology in Nineteenth-Century America

An Organ of Murder

Crime, Violence, and Phrenology in Nineteenth-Century America

Courtney E. Thompson

Rutgers University Press, 2021

Finalist for the 2022 Cheiron Book Prize​

An Organ of Murder explores the origins of both popular and elite theories of criminality in the nineteenth-century United States, focusing in particular on the influence of phrenology. In the United States, phrenology shaped the production of medico-legal knowledge around crime, the treatment of the criminal within prisons and in public discourse, and sociocultural expectations about the causes of crime. The criminal was phrenology’s ideal research and demonstration subject, and the courtroom and the prison were essential spaces for the staging of scientific expertise. In particular, phrenology constructed ways of looking as well as a language for identifying, understanding, and analyzing criminals and their actions. This work traces the long-lasting influence of phrenological visual culture and language in American culture, law, and medicine, as well as the practical uses of phrenology in courts, prisons, and daily life.
         
 
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cover of Anatomy of a Trial: Public Loss, Lessons Learned from The People vs. O.J. Simpson

Anatomy of a Trial

Public Loss, Lessons Learned from The People vs. O.J. Simpson

Jerrianne Hayslett

University of Missouri Press, 2008

The People vs. O. J. Simpson ranks indisputably as the trial of the century. It featured a double murder, a celebrity defendant, a perjuring witness, and a glove that didn’t fit. The trial became a media circus of outrageous proportions that led the judge to sequester the jury, eject disruptive reporters, and fine the lawyers thousands of dollars. Now an insider at The People vs. O. J. Simpson reveals the untold story of the most widely followed trial in American history and the indelible impact it has had on the judiciary, the media, and the public.
 
            As the Los Angeles Superior Court’s media liaison, Jerrianne Hayslett had unprecedented access to the trial—and met with Judge Lance Ito daily—as she attempted, sometimes unsuccessfully, to mediate between the court and members of the media and to balance their interests. In Anatomy of a Trial, she takes readers behind the scenes to shed new light on people and proceedings and to show how the media and the trial participants changed the court-media landscape to the detriment of the public’s understanding of the judicial system.
 
            For those who think they’ve already read all there is to know about the Simpson trial, this book is an eye-opener. Hayslett kept a detailed journal during the proceedings in which she recorded anecdotes and commentary. She also shares previously undisclosed information to expose some of the myths and stereotypes perpetuated by the trial, while affirming other stories that emerged during that time. By examining this trial after more than a decade, she shows how it has produced a bunker mentality in the judicial system, shaping media and public access to courts with lasting impact on such factors as cameras in the courtroom, jury selection, admonishments from the bench, and fair-trial/free-press tensions.
 
The first account of the trial written with Judge Ito’s cooperation, Anatomy of a Trial is a page-turning narrative and features photographs that capture both the drama of the courtroom and the excesses of the media. It also includes perspectives of legal and journalism authorities and offers a blueprint for how the courts and media can better meet their responsibilities to the public.
 
Even today, judges, lawyers, and journalists across the country say the Simpson trial changed everything. This book finally tells us why.
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cover of Ancient Greek Law in the 21st Century

Ancient Greek Law in the 21st Century

Edited by Paula Perlman

University of Texas Press, 2018

The ancient Greeks invented written law. Yet, in contrast to later societies in which law became a professional discipline, the Greeks treated laws as components of social and political history, reflecting the daily realities of managing society. To understand Greek law, then, requires looking into extant legal, forensic, and historical texts for evidence of the law in action. From such study has arisen the field of ancient Greek law as a scholarly discipline within classical studies, a field that has come into its own since the 1970s.

This edited volume charts new directions for the study of Greek law in the twenty-first century through contributions from eleven leading scholars. The essays in the book’s first section reassess some of the central debates in the field by looking at questions about the role of law in society, the notion of “contracts,” feuding and revenge in the court system, and legal protections for slaves engaged in commerce. The second section breaks new ground by redefining substantive areas of law such as administrative law and sacred law, as well as by examining sources such as Hellenistic inscriptions that have been comparatively neglected in recent scholarship. The third section evaluates the potential of methodological approaches to the study of Greek law, including comparative studies with other cultures and with modern legal theory. The volume ends with an essay that explores pedagogy and the relevance of teaching Greek law in the twenty-first century.

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cover of Ancient Law, Ancient Society

Ancient Law, Ancient Society

Dennis P. Kehoe and Thomas A. J. McGinn, editors

University of Michigan Press, 2017

The essays composing Ancient Law, Ancient Society examine the law in classical antiquity both as a product of the society in which it developed and as one of the most important forces shaping that society. Contributors to this volume consider the law via innovative methodological approaches and theoretical perspectives—in particular, those drawn from the new institutional economics and the intersection of law and economics.

Essays cover topics such as using collective sanctions to enforce legal norms; the Greek elite’s marriage strategies for amassing financial resources essential for a public career; defenses against murder charges under Athenian criminal law, particularly in cases where the victim put his own life in peril; the interplay between Roman law and provincial institutions in regulating water rights; the Severan-age Greek author Aelian’s notions of justice and their influence on late-classical Roman jurisprudence; Roman jurists’ approach to the contract of mandate in balancing the changing needs of society against respect for upper-class concepts of duty and reciprocity; whether the Roman legal authorities developed the law exclusively to serve the Roman elite’s interests or to meet the needs of the Roman Empire’s broader population as well; and an analysis of the Senatus Consultum Claudianum in the Code of Justinian demonstrating how the late Roman government adapted classical law to address marriage between free women and men classified as coloni bound to their land.

In addition to volume editors Dennis P. Kehoe and Thomas A. J. McGinn, contributors include Adriaan Lanni, Michael Leese, David Phillips, Cynthia Bannon, Lauren Caldwell, Charles Pazdernik, and Clifford Ando.
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cover of Ancient Privileges: Beowulf, Law, and the Making of Germanic Antiquity

Ancient Privileges

Beowulf, Law, and the Making of Germanic Antiquity

STEFAN JURASINSKI

West Virginia University Press, 2006

One of the great triumphs of nineteenth-century philology was the development of the wide array of comparative data that underpins the grammars of the Old Germanic dialects, such as Old English, Old Icelandic, Old Saxon, and Gothic. These led to the reconstruction of Common Germanic and Proto-Germanic languages. Many individuals have forgotten that scholars of the same period were interested in reconstructing the body of ancient law that was supposedly shared by all speakers of Germanic. Stefan Jurasinski's Ancient Privileges: Beowulf, Law, and the Making of the Germanic Antiquity recounts how the work of nineteenth-century legal historians actually influenced the editing of Old English texts, most notably Beowulf, in ways that are still preserved in our editions. This situation has been a major contributor to the archaizing of Beowulf. In turn, Jurasinski's careful analysis of its assumptions in light of contemporary research offers a model for scholars to apply to a number of other textual artifacts that have been affected by what was known as the historische Rechtsschule. At the very least, it will change the way you think about Beowulf.
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cover of Animals Property & The Law

Animals Property & The Law

Gary Francione

Temple University Press, 1995

"Pain is pain, irrespective of the race, sex, or species of the victim," states William Kunstler in his foreword. This moral concern for the suffering of animals and their legal status is the basis for Gary L. Francione's profound book, which asks, Why has the law failed to protect animals from exploitation?

Francione argues that the current legal standard of animal welfare does not and cannot establish fights for animals. As long as they are viewed as property, animals will be subject to suffering for the social and economic benefit of human beings.

Exploring every facet of this heated issue, Francione discusses the history of the treatment of animals, anticruelty statutes, vivisection, the Federal Animal Welfare Act, and specific cases such as the controversial injury of anaesthetized baboons at the University of Pennsylvania. He thoroughly documents the paradoxical gap between our professed concern with humane treatment of animals and the overriding practice of abuse permitted by U.S. law.

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cover of Animals and the Law in Antiquity

Animals and the Law in Antiquity

Saul M. Olyan

SBL Press, 2021

Animal law has become a topic of growing importance internationally, with animal welfare and animal rights often assuming center stage in contemporary debates about the legal status of animals. While nonspecialists routinely decontextualize ancient texts to support or deny rights to animals, experts in fields such as classics, biblical studies, Assyriology, Egyptology, rabbinics, and late antique Christianity have only just begun to engage the topic of animals and the law in their respective areas. This volume consists of original studies by scholars from a range of Mediterranean and West Asian fields on a variety of topics at the intersection of animals and the law in antiquity. Contributors include Rozenn Bailleul-LeSuer, Beth Berkowitz, Andrew McGowan, F. S. Naiden, Saul M. Olyan, Seth Richardson, Jordan D. Rosenblum, Andreas Schüle, Miira Tuominen, and Daniel Ullucci. The volume is essential reading for scholars and students of both the ancient world and contemporary law.

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cover of Anti-Drug Policies in Colombia: Successes, Failures, and Wrong Turns

Anti-Drug Policies in Colombia

Successes, Failures, and Wrong Turns

Alejandro Gaviria

Vanderbilt University Press, 2017

Forty years after the declaration of the "war on drugs" by President Nixon, the debate on the effectiveness and costs of the ban is red-hot. Several former Latin American presidents and leading intellectuals from around the world have drawn attention to the ineffectiveness and adverse consequences of prohibitionism. This book thoroughly analyzes the drug policies of one of the main protagonists in this war.

The book covers many topics: the economics of drug production, the policies to reduce consumption and decrease supply during the Plan Colombia, the effects of the drug problem on Colombia's international relations, the prevention of money laundering, the connection between drug trafficking and paramilitary politics, and strategies against organized crime. Beyond the diversity in topics, there is a common thread running through all the chapters: the need to analyze objectively what works and what does not, based on empirical evidence. Presented here for the first time to an English-speaking audience, this book is a contribution to a debate that urgently needs to transcend ideology and preconceived opinions.
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cover of Antidiscrimination Law and Minority Employment: Recruitment Practices and Regulatory Constraints

Antidiscrimination Law and Minority Employment

Recruitment Practices and Regulatory Constraints

Farrell Bloch

University of Chicago Press, 1994

A penetrating critique of thirty years of antidiscrimination law in the United States, this book explains why equal opportunity and affirmative action policies have failed to improve black employment since the 1964 Civil Rights Act. Farrell Bloch reviews the effects of hiring policies on minority employment and analyzes recruitment practices to reveal why current United States laws fail to address some of the most important obstacles preventing minorities from getting jobs.
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cover of Antidumping Law and Practice: A Comparative Study

Antidumping Law and Practice

A Comparative Study

John H. Jackson and Edwin A. Vermulst, Editors

University of Michigan Press, 1990

This title was formally part of the Studies in International Trade Policy Series, now called Studies in International Economics.
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cover of Antidumping Law: Policy and Implementation

Antidumping Law

Policy and Implementation

John H. Jackson, Editor

University of Michigan Press, 1979

Few issues in international trade display a volatility like that of antidumping law. In Antidumping Law: Policy and Implementation the practitioner will find thoughtful expositions of current administration of the laws. Instructive analyses of International Trade Commission standards, the “fast track” procedure, and judicial review of ITC and the Department of Treasury determinations are presented. The Appendix offers an invaluable resource for United States and foreign antidumping law scholars and practitioners.
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cover of Antiphon the Athenian: Oratory, Law, and Justice in the Age of the Sophists

Antiphon the Athenian

Oratory, Law, and Justice in the Age of the Sophists

By Michael Gagarin

University of Texas Press, 2002

Winner, Friends of the Dallas Public Library Award from the Texas Institute of Letters, 2003

Antiphon was a fifth-century Athenian intellectual (ca. 480-411 BCE) who created the profession of speechwriting while serving as an influential and highly sought-out adviser to litigants in the Athenian courts. Three of his speeches are preserved, together with three sets of Tetralogies (four hypothetical paired speeches), whose authenticity is sometimes doubted. Fragments also survive of intellectual treatises on subjects including justice, law, and nature (physis), which are often attributed to a separate Antiphon the Sophist. Were these two Antiphons really one and the same individual, endowed with a wide-ranging mind ready to tackle most of the diverse intellectual interests of his day?

Through an analysis of all these writings, this book convincingly argues that they were composed by a single individual, Antiphon the Athenian. Michael Gagarin sets close readings of individual works within a wider discussion of the fifth-century Athenian intellectual climate and the philosophical ferment known as the sophistic movement. This enables him to demonstrate the overall coherence of Antiphon's interests and writings and to show how he was a pivotal figure between the sophists and the Attic orators of the fourth century. In addition, Gagarin's argument allows us to reassess the work of the sophists as a whole, so that they can now be seen as primarily interested in logos (speech, argument) and as precursors of fourth-century rhetoric, rather than in their usual role as foils for Plato.

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cover of Antitrust Law, Second Edition

Antitrust Law, Second Edition

Richard A. Posner

University of Chicago Press, 2001

The definitive textbook of antitrust law

Antitrust Law was fundamental to redefining the field of antitrust law and it remains the definitive textbook for those teaching or learning the subject, Richard Posner's book has played a major role in transforming the field of antitrust law into a body of economically rational principles largely in accord with the ideas set forth in the first edition. Today's antitrust professionals may disagree on specific practices and rules, but most litigators, prosecutors, judges, and scholars agree that the primary goal of antitrust laws should be to promote economic welfare, and that economic theory should be used to determine how well business practices conform to that goal.

In this thoroughly revised edition, Posner explains the economic approach to new generations of lawyers and students.

"The antitrust laws are here to stay," Posner writes, "and the practical question is how to administer them better-more rationally, more accurately, more expeditiously, more efficiently." This fully revised classic will continue to be the standard work in the field.
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cover of Apocalyptic Crimes: Why Nuclear Weapons Are Illegal and Must Be Abolished

Apocalyptic Crimes

Why Nuclear Weapons Are Illegal and Must Be Abolished

Ronald C. Kramer

Rutgers University Press, 2025

In 2023, the Bulletin of the Atomic Scientists set the iconic Doomsday Clock to ninety seconds to midnight—the closest to midnight, or civilization-ending apocalypse, it has ever been. Designed at the onset of the Cold War amid new fears of atomic weapons, the Doomsday Clock is a symbolic countdown to annihilation. Now, a generation later, the world is more vulnerable than ever to the nuclear weapons it sought to warn against. In Apocalyptic Crimes, Ronald C. Kramer reconsiders the immense danger these weapons pose to humanity, examining the use, threat to use, and continued possession of nuclear weapons from a criminological perspective.
 
Kramer argues that any country holding on to its nuclear arsenal—including the United States—is committing a criminal act. Offering a sharp rebuke to the common claim that nuclear stockpiles serve to deter the escalation of conflict, Apocalyptic Crimes emphasizes the harm caused by the mere possession of these deadly weapons. It further considers the culpability of political officials, acting as representatives of the state, whose threatening statements about nuclear weapons contain actions or omissions that violate specific international laws. But Kramer also shows how a nuclear apocalypse might be averted and offers a pathway to disarmament. Through critical analysis and a specific criminology of nuclear weapons, Kramer outlines the political actions necessary to rewind the Doomsday Clock and pull the world back from the brink of destruction—before the clock strikes midnight.    
 
 
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cover of Aquinas on Crime

Aquinas on Crime

Charles P. Nemeth

St. Augustine's Press, 2008

Not much escapes the intellect and imagination of the Angelic Doctor, St. Thomas Aquinas. Whether it be love, children, education, moral reasoning, happiness or the proper dispositions for human existence, St. Thomas seems an expert in all of it. Crime and criminal conduct are no exceptions to this general tendency with him. Not only does he have much to say about it, what he relates is perpetually fresh and surely the bedrock of what is now taken for granted. In this short treatise, the focus targets St. Thomas’s criminal codification – his law of crimes.

Indeed the magnanimity of his crimes code is a subject matter not yet treated in any detail in the scholarly literature. While parts and pieces are covered in many quarters, the literature has yet to develop a systematic, codified examination of Thomistic criminal law. The essence of the endeavor is threefold: first, how does St. Thomas factor the nature of the human person into the concept of criminal culpability and personal responsibility; second, what types of criminal conduct does St. Thomas specifically delineate and define; and lastly, what is Thomas’s view of mitigation and defense, as well as the corresponding punishment meted out for criminal conduct? This short commentary zeroes in on Thomistic Criminal Law – a project which will illuminate the root, the heritage and the foundation of modern criminal codification.

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cover of Aquinas' Cruciform Theology of the Natural Law

Aquinas' Cruciform Theology of the Natural Law

Kevin E. O'Reilly

Catholic University of America Press, 2026

The predominant understanding of St. Thomas’s account of the natural law to date has been that it is basically philosophical in character. In Thomas Aquinas’s Cruciform Theology of the Natural Law, Kevin E. O’Reilly, OP, argues that Thomas’s construal of the natural law is, on the contrary, thoroughly theological in its inspiration. In order to establish this point the author first unpacks the significance of the scriptural quotations employed by Thomas in his very first article devoted to the natural law (ST I-II, q. 91, a. 2). Exegesis of one of those quotations, namely Ps. 4:6 – "Offer up the sacrifice of justice" – intimates that the degree to which one grasps the demands of the natural law is intimately bound up with the extent to which one is conformed to the Crucified Christ. Consideration of the notion that the natural law is the participation of the eternal law in the rational creature yields the same conclusion. Thus, while the eternal law pertains to God’s essence, it is nevertheless expressed by and therefore appropriated to the Word uttered by the Father. This Word is the divine Wisdom ultimately disclosed on the Cross. It becomes apparent that the eternal law is thus cruciform in nature. So too is the natural law as a cognitive participation therein. This cognitive participation engages the life of faith and charity as well as the Gifts of the Holy Spirit. Examination of Thomas’s account of the three degrees of charity as well as his treatment of the Gifts of the Holy Spirit and the beatitudes that are correlated with them underscores the important role that the dynamics of cruciformity play in illuminating the demands of the natural law. Cruciformity and moral illumination are intimately connected.
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cover of Arbitrary Rule: Slavery, Tyranny, and the Power of Life and Death

Arbitrary Rule

Slavery, Tyranny, and the Power of Life and Death

Mary Nyquist

University of Chicago Press, 2013

Slavery appears as a figurative construct during the English revolution of the mid-seventeenth century, and again in the American and French revolutions, when radicals represent their treatment as a form of political slavery. What, if anything, does figurative, political slavery have to do with transatlantic slavery? In Arbitrary Rule, Mary Nyquist explores connections between political and chattel slavery by excavating the tradition of Western political thought that justifies actively opposing tyranny. She argues that as powerful rhetorical and conceptual constructs, Greco-Roman political liberty and slavery reemerge at the time of early modern Eurocolonial expansion; they help to create racialized “free” national identities and their “unfree” counterparts in non-European nations represented as inhabiting an earlier, privative age.
               
Arbitrary Rule is the first book to tackle political slavery’s discursive complexity, engaging Eurocolonialism, political philosophy, and literary studies, areas of study too often kept apart. Nyquist proceeds through analyses not only of texts that are canonical in political thought—by Aristotle, Cicero, Hobbes, and Locke—but also of literary works by Euripides, Buchanan, Vondel, Montaigne, and Milton, together with a variety of colonialist and political writings, with special emphasis on tracts written during the English revolution. She illustrates how “antityranny discourse,” which originated in democratic Athens, was adopted by republican Rome, and revived in early modern Western Europe, provided members of a “free” community with a means of protesting a threatened reduction of privileges or of consolidating a collective, political identity. Its semantic complexity, however, also enabled it to legitimize racialized enslavement and imperial expansion.
               
Throughout, Nyquist demonstrates how principles relating to political slavery and tyranny are bound up with a Roman jurisprudential doctrine that sanctions the power of life and death held by the slaveholder over slaves and, by extension, the state, its representatives, or its laws over its citizenry.

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cover of Architecture as a Way of Seeing and Learning: The Built Environment as an Added Educator in East African Refugee Camps

Architecture as a Way of Seeing and Learning

The Built Environment as an Added Educator in East African Refugee Camps

Nerea Amorós Elorduy

University College London, 2021

How built environments impact early childhood education in East African refugee camps.
 
Displaced before they were born, children living in long-term refugee camps along the East African Rift grow and learn surrounded by ready-made structures. Architecture as a Way of Seeing and Learning explores what these built environments teach us about both childhood development and refugee assistance. With an eye toward architecture, Nerea Amorós Elorduy models how a more empathetic approach to refugee relief might both decolonize humanitarian aid and nurture the learning of young children.
 
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cover of Archiving Sovereignty: Law, History, Violence

Archiving Sovereignty

Law, History, Violence

Stewart Motha

University of Michigan Press, 2018

Archiving Sovereignty shows how courts use fiction in their treatment of sovereign violence. Law's complicity with imperial and neocolonial practices occurs when courts inscribe and repeat the fabulous tales that provide an alibi for archaic sovereign acts that persist in the present. The United Kingdom's depopulation of islands in the Indian Ocean to serve the United States' neoimperial interests, Australia's exile and abandonment of refugees on remote islands, the failure to acknowledge genocidal acts or colonial dispossession, and the memorial work of the South African Constitution after apartheid are all sustained by historical fictions. This history-work of law constitutes an archive where sovereign violence is mediated, dissimulated, and sustained. Stewart Motha extends the concept of the "archive," as site of origin and source of authority, to signifying what law does in preserving and disavowing the past at the same time.

Sovereignty is often cast as a limit-concept, constituent force, determining the boundary of law. Archiving Sovereignty reverses this to explain how judicial pronouncements inscribe and sustain extravagant claims to exceptionality and sovereign solitude. This wide-ranging, critical work distinguishes between myths that sustain neocolonial orders and fictions that generate new forms of political and ethical life.
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cover of Are Predatory Commitments Credible?: Who Should the Courts Believe?

Are Predatory Commitments Credible?

Who Should the Courts Believe?

John R. Lott, Jr.

University of Chicago Press, 1999

Predatory pricing has long been a contentious issue among lawmakers and economists. Legal actions are continually brought against companies. But the question remains: how likely are firms to cut prices in order to drive rivals out of business? Predatory firms risk having to keep prices below cost for such an extended period that it would become cost-prohibitive. Recently, economists have turned to game theory to examine circumstances under which predatory tactics could be profitable.

John R. Lott, Jr. provides long-awaited empirical analysis in this book. By examining firms accused of or convicted of predation over a thirty-year period of time, he shows that these firms are not organized as the game-theoretic or other models of predation would predict. In contrast, what evidence exists for predation suggests that government enterprises are more of a threat.

Lott presents crucial new data and analysis, attacking an issue of major legal and economic importance. This impressive work will be of great interest to economists, legal scholars, and antitrust policy makers.

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cover of Arguing with Tradition: The Language of Law in Hopi Tribal Court

Arguing with Tradition

The Language of Law in Hopi Tribal Court

Justin B. Richland

University of Chicago Press, 2008

Arguing with Tradition is the first book to explore language and interaction within a contemporary Native American legal system. Grounded in Justin Richland’s extensive field research on the Hopi Indian Nation of northeastern Arizona—on whose appellate court he now serves as Justice Pro Tempore—this innovative work explains how Hopi notions of tradition and culture shape and are shaped by the processes of Hopi jurisprudence.

Like many indigenous legal institutions across North America, the Hopi Tribal Court was created in the image of Anglo-American-style law. But Richland shows that in recent years, Hopi jurists and litigants have called for their courts to develop a jurisprudence that better reflects Hopi culture and traditions. Providing unprecedented insights into the Hopi and English courtroom interactions through which this conflict plays out, Richland argues that tensions between the language of Anglo-style law and Hopi tradition both drive Hopi jurisprudence and make it unique. Ultimately, Richland’s analyses of the language of Hopi law offer a fresh approach to the cultural politics that influence indigenous legal and governmental practices worldwide.
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cover of Armed with the Constitution: Jehovah's Witnesses in Alabama and the U.S Supreme Court, 1939-1946

Armed with the Constitution

Jehovah's Witnesses in Alabama and the U.S Supreme Court, 1939-1946

Merlin Owen Newton

University of Alabama Press, 1995

Underscores the importance of “little people” in affecting the US government
 
Armed with the Constitution stresses the courage of a black man, Rosco Jones, and a white woman, Grace Marsh, who dared to challenge the status quo in Alabama in the early 1940s. These two Jehovah’s Witnesses helped to lay a foundation for testing the constitutionality of state and local laws, establishing precedents that the Civil Rights movement, the feminist movement, and similar forces could follow. Newton has prepared a finely woven tale of oral, legal, and social history that opens a window on the world of the Jehovah’s Witnesses in Alabama.
 
More than a legal study, this book is also a dramatic history of two powerful personalities whose total commitment to their faith enabled them to carry the Jehovah’s Witnesses’ battle from rural Alabama to the halls of the U.S. Supreme Court.
 
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cover of Arresting Dress: Cross-Dressing, Law, and Fascination in Nineteenth-Century San Francisco

Arresting Dress

Cross-Dressing, Law, and Fascination in Nineteenth-Century San Francisco

Clare Sears

Duke University Press, 2015

In 1863, San Francisco’s Board of Supervisors passed a law that criminalized appearing in public in “a dress not belonging to his or her sex.” Adopted as part of a broader anti-indecency campaign, the cross-dressing law became a flexible tool for policing multiple gender transgressions, facilitating over one hundred arrests before the century’s end. Over forty U.S. cities passed similar laws during this time, yet little is known about their emergence, operations, or effects. Grounded in a wealth of archival material, Arresting Dress traces the career of anti-cross-dressing laws from municipal courtrooms and codebooks to newspaper scandals, vaudevillian theater, freak-show performances, and commercial “slumming tours.” It shows that the law did not simply police normative gender but actively produced it by creating new definitions of gender normality and abnormality. It also tells the story of the tenacity of those who defied the law, spoke out when sentenced, and articulated different gender possibilities.
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cover of Art Against the Law

Art Against the Law

Edited by Rebecca Zorach

School of the Art Institute of Chicago, 2014

In 1968, Chicago made headlines for the ferocity of its police response to protesters at the Democratic National Convention, prompting outrage in the art world. Some artists pulled their shows from the city and called for a boycott until the mayor left office. But others responded artistically, creating new works and even full exhibitions in reaction to the political and social issues raised by the summer’s events.

Despite the city's sometimes notorious political and social history, art practices that challenge authority have thrived in Chicago. Art Against the Law examines the creative tactics of the city’s activist artists and their ways of addressing the broad definitions of the law—from responses to excessive policing to inequities in public policy. These include creative forms of protest, rebellion against the law through illegal art practices, and using the political system itself as an art medium to alter existing laws. The essays and conversations in this volume also address the boundaries between art and creative activism and question whether lines should be drawn at all. Through these texts and interviews, Art Against the Law proves that creative imagination can be formidable in challenging the status quo.

Art Against the Law is part of the new Chicago Social Practice History series, edited by Mary Jane Jacob and Kate Zeller in the Department of Exhibitions and Exhibition Studies at the School of the Art Institute of Chicago (SAIC).
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Art and Freedom of Speech

Randall P. Bezanson

University of Illinois Press, 2009

This book analyzes the broad range of Supreme Court cases that concern the protection of art and free speech under the First Amendment. Finding that debates about free expression (whether in speech or art) swirl around sex and cultural blasphemy, Randall P. Bezanson tracks and interprets the Court's decisions on film, nude dancing, music, painting, and other visual expressions.

Showing how the Court has dealt with judgments of art, quality, meaning, and how to distinguish types of speech and expression, Bezanson explores issues as diverse as homosexuality in the Boy Scouts, gay and lesbian parade floats, 2 Live Crew's alleged copyright infringement, National Endowment for the Arts grants and diversity, dangerous art, and screenings of the film Carnal Knowledge. In considering the transformative meaning of art, the importance of community judgments, and the definition of speech in Court rulings, Bezanson focuses on the fundamental questions underlying the discussion of art as protected free speech: What are the boundaries of art? What are the limits on the government's role as supporter and "patron" of the arts? And what role, if any, may core social values of decency, respect, and equality play in limiting the production or distribution of art?

Accessibly written and evocatively argued, Art and Freedom of Speech explores these questions and concludes with the argument that, for legal purposes, art should be absolutely free under the First Amendment--in fact, even more free than other forms of speech.

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Artistic License

The Philosophical Problems of Copyright and Appropriation

Darren Hudson Hick

University of Chicago Press, 2017

The art scene today is one of appropriation—of remixing, reusing, and recombining the works of other artists. From the musical mash-ups of Girl Talk to the pop-culture borrowings of Damien Hirst and Jeff Koons, it’s clear that the artistic landscape is shifting—which leads to some tricky legal and philosophical questions. In this up-to-date, thorough, and accessible analysis of the right to copyright, Darren Hudson Hick works to reconcile the growing practice of artistic appropriation with innovative views of artists’ rights, both legal and moral.

Engaging with long-standing debates about the nature of originality, authorship, and artists’ rights, Hick examines the philosophical challenges presented by the role of intellectual property in the artworld and vice versa. Using real-life examples of artists who have incorporated copyrighted works into their art, he explores issues of artistic creation and the nature of infringement as they are informed by analytical aesthetics and legal and critical theory. Ultimately, Artistic License provides a critical and systematic analysis of the key philosophical issues that underlie copyright policy, rethinking the relationship between artist, artwork, and the law.
 
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Asian Legal Revivals

Lawyers in the Shadow of Empire

Yves Dezalay and Bryant G. Garth

University of Chicago Press, 2010

More than a decade ago, before globalization became a buzzword, Yves Dezalay and Bryant G. Garth established themselves as leading analysts of how that process has shaped the legal profession. Drawing upon the insights of Pierre Bourdieu, Asian Legal Revivals explores the increasing importance of the positions of the law and lawyers in South and Southeast Asia.

            Dezalay and Garth argue that the current situation in many Asian countries can only be fully understood by looking to their differing colonial experiences—and in considering how those experiences have laid the foundation for those societies’ legal profession today. Deftly tracing the transformation of the relationship between law and state into different colonial settings, the authors show how nationalist legal elites in countries such as India, Indonesia, Malaysia, the Philippines, Singapore, and South Korea came to wield political power as agents in the move toward national independence. Including fieldwork from over 350 interviews, Asian Legal Revivals illuminates the more recent past and present of these legally changing nations and explains the profession’s recent revival of influence, as spurred on by American geopolitical and legal interests.

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Assessing the Value of Law in Transition Economies

Peter Murrell, Editor

University of Michigan Press, 2001

Does law play a role in the economies that are moving from Soviet-style socialism to market capitalism? The essays in this book examine that question, providing a vivid picture of how the new institutions of capitalism affect the lives of business people, legal practitioners, investors, and bureaucrats. They analyze the determinants of successful institutional reform, suggesting that law can influence economic behavior even in inhospitable environments. Contributors--including economists, political scientists, and legal and business scholars--examine the pathways through which legal and institutional reforms affect behavior and identify the circumstances under which such reforms add value. They ask: What are the microeconomic mechanisms by which law contributes to the activities of economic agents? How do the characteristics of economic agents affect their ability to use the law? Which spheres of the economy are most affected by institutional reforms and where does law fail? What are the preconditions for effective legal and institutional reforms? Which types of political processes produce a workable system of economic legislation? The focus throughout is on the analysis of the individual economic agent who is subject to the new institutions, and thus the decisions of the individual actor, the shopkeeper, the lawyer, the court, the legislator-politician, the enterprise, the bureaucrat, the regulatory authority, and the outside investor. There are lessons on research methodology, on the economic role of institutions, and on the practice of institutional development. The focus is on the transition economies, but the conclusions and methodologies are pertinent when understanding the role of law in any context. The book will be important reading for scholars and practitioners with a wide range of interests and in a wide range of disciplines and of interest to all those concerned with economic, legal, and institutional development, economists, political scientists, lawyers, and development specialists alike.
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Assuring Child Support

An Extension of Social Security

Irwin Garfinkel

Russell Sage Foundation, 1992

In the United States, rates of divorce and out-of-wedlock childbirth are climbing so dramatically that over half of the next generation is likely to spend part of its childhood in single-mother families. As many as half of these families will live in poverty, caused in large measure by the failure of current government regulations to secure adequate child support from absent parents and to assure minimum support when parents cannot provide it. Assuring Child Support introduces the Child Support Assurance System, a remedy to this problem that is both feasible and affordable, a practical reform that is within the nation's grasp. "An extremely well-written and provocative book." —Eastern Economic Journal
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cover of At the Risk of Being Heard: Identity, Indigenous Rights, and Postcolonial States

At the Risk of Being Heard

Identity, Indigenous Rights, and Postcolonial States

Bartholomew Dean and Jerome M. Levi, Editors

University of Michigan Press, 2003

Leading experts in the analysis of ethnicity and indigenous rights explore the questions of why and how the circumstances of indigenous peoples are improving in some places of the world, while their human rights continue to be abused in others. Drawing on case studies from Asia, Africa, Australia, and the Americas, chapters explore how political organization, natural resource management, economic development, and conflicting definitions over cultural, linguistic, religious, and territorial identity have informed indigenous strategies for empowerment.
Combining rich ethnographic descriptions with clear theoretical analyses, At the Risk of Being Heard considers the paradoxical challenges and opportunities confronting indigenous peoples at the dawn of the twenty-first century. In the face of state-sanctioned violence, indigenous peoples encounter considerable risks when asserting their rights, especially to self-determination. Yet, if they remain silent or absent from new arenas of power, hiding in marginalized homelands or cultural practices, they risk being invisible to those allies that would aid them in their struggles for survival.
At the Risk of Being Heard offers needed insights for individuals working on issues of governance, sustainable development, resource management, globalization, and indigenous affairs. It will undoubtedly appeal to undergraduate and graduate students in anthropology, sociology, history, political science, peace studies, and to those students in courses that explore relationships among postcolonial states, indigenous peoples, and human rights.
Bartholomew Dean is Assistant Professor of Anthropology, University of Kansas. Jerome M. Levi is Associate Professor of Anthropology, Carleton College.
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cover of Attorney for the Damned: Clarence Darrow in the Courtroom

Attorney for the Damned

Clarence Darrow in the Courtroom

Clarence Darrow

University of Chicago Press, 2012

A famous defender of the underdog, the oppressed, and the powerless, Clarence Darrow (1857–1938) is one of the true legends of the American legal system. His cases were many and various, but all were marked by his unequivocal sense of justice, as well as his penchant for representing infamous and unpopular clients, such as the Chicago thrill killers Leopold and Loeb; Ossian Sweet, the African American doctor charged with murder after fighting off a violent, white mob in Detroit; and John T. Scopes, the teacher on trial in the famous Scopes Monkey Trial.
Published for the first time in 1957, Attorney for the Damned collects Darrow’s most influential summations and supplements them with scene-setting explanations and comprehensive notes by Arthur Weinberg. Darrow confronts issues that remain relevant over half a century after his death: First Amendment rights, capital punishment, and the separation of church and state. With an insightful forward by Justice William O. Douglas, this volume serves as a powerful reminder of Darrow’s relevance today.

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