1917 books match the query 'Law' and 180 start with c

cover of CEO Leadership: Navigating the New Era in Corporate Governance

CEO Leadership

Navigating the New Era in Corporate Governance

Thomas A. Cole

University of Chicago Press, 2019

Corporate governance for public companies in the United States today is a fragile balance between shareholders, board members, and CEOs. Shareholders, who are focused on profits, put pressure on boards, who are accountable for operations and profitability. Boards, in turn, pressure CEOs, who must answer to the board while building their own larger vision and strategy for the future of the company. In order for this structure to be successful in the long term, it is imperative that boards and CEOs come to understand each other’s roles and how best to work together.
 
Drawing on four decades of experience advising boards and CEOs on how to do just that, Thomas A. Cole offers in CEO Leadership a straightforward and accessible guide to navigating corporate governance today. He explores the recurring question of whose benefit a corporation should be governed for, along with related matters of corporate social responsibility, and he explains the role of laws, market forces, and politics and their influence on the governance of public companies. For corporate directors, he provides a comprehensive examination of the roles, responsibilities, and accountability the role entails, while also offering guidance on how to be as effective as possible in addressing both routine corporate matters and special situations such as mergers and acquisitions, succession, and corporate crises. In addition, he offers practical suggestions for CEOs on leadership and their interactions with boards and shareholders. Cole also mounts a compelling case that a corporate culture that celebrates diversity and inclusion and has zero tolerance for sexual misconduct is critical to long-term business success.
 
Filled with vignettes from Cole’s many years of experience in the board room and C-suite, CEO Leadership is an invaluable resource for current and prospective directors, CEOs, and other senior officers of public companies as well as the next generation of corporate leaders and their business and financial advisors. 
 
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cover of COURTS AND COMMERCE: GENDER, LAW, AND THE MARKET ECONOMY IN COLONIAL NEW YORK

COURTS AND COMMERCE

GENDER, LAW, AND THE MARKET ECONOMY IN COLONIAL NEW YORK

Deborah A. Rosen

The Ohio State University Press, 1997

Illuminates the legal engine behind colonial America’s market economy, revealing how law and commerce intertwined to sideline women's participation and lay the groundwork for industrial capitalism.

In Courts and Commerce, Deborah A. Rosen offers a fresh, incisive look at the economic and legal foundations of colonial New York. Drawing on a wide array of 18th-century sources—probate inventories, court records, petitions, and more—Rosen uncovers how law and commerce intertwined to shape a market economy long before the rise of industrial capitalism.

Rosen challenges the romanticized view of colonial America as a bastion of communal values. Instead, she reveals a society already driven by arm’s-length transactions and legal mechanisms that empowered men to expand their economic reach while systematically limiting women’s participation. Her analysis spans both urban and rural settings, highlighting regional contrasts and the gendered impact of legal structures.

This book pushes back against the idea that the nineteenth century marked a sudden economic transformation. Rosen shows that many of the legal and economic patterns associated with industrialization were already in motion a century earlier. Engaging and deeply researched, Courts and Commerce is essential reading for scholars of colonial history, legal and economic development, and gender studies. It reframes our understanding of early American life—and the roots of inequality in the modern economy.

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cover of Called by Stories: Biblical Sagas and Their Challenge for Law

Called by Stories

Biblical Sagas and Their Challenge for Law

Milner S. Ball

Duke University Press, 2000

Distinguished legal scholar and Presbyterian minister Milner S. Ball examines great sagas and tales from the Bible for the light they shed on the practice of law and on the meaning of a life lived in the legal profession. Scholars and laypersons alike typically think of the law as a discipline dominated by reason and empirical methods. Ball shows that many of the dilemmas and decisions that legal professionals confront are more usefully approached through an experience of narrative in which we come to know ourselves and our actions through stories.
He begins with the story of Moses, who is obliged both to speak for God to the Hebrews and to advocate for the Hebrews before God. What, asks Ball, does Moses’s predicament say to lawyers professionally bound to zealous representation of only one client? In the story of Rachel, Ball finds insights that comprehend the role of tears and emotion in the judicial process. He relates these insights to specific contemporary situations, such as a plant closing and the subsequent movement of jobs to Mexico and legal disputes over the sovereignty of native Hawaiians. In a discussion of “The Gospel According to John,” Ball points out that the writer of this gospel is free simultaneously to be critical of law and to rely extensively on it. Ball uses this narrative to explore the boundaries of free will and independence in lawyering. By venturing into the world of powerful events and biblical characters, Ball enables readers to contest their own expectations and fundamental assumptions.
Employing legal theory, theology, and literary criticism, Called by Stories distills a wisdom in biblical texts that speaks specifically to the working life of legal professionals. As such, it will enrich lovers of narrative and poetry, ethicists, literary and biblical scholars, theologians, lawyers, law students, judges, and others who seek to discern deeper meanings in the texts that have shaped their lives.
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cover of Calling State Power to Account: Reparations in Morality, Law, and Politics

Calling State Power to Account

Reparations in Morality, Law, and Politics

Jennifer M. Page

University of Chicago Press, 2027

An incisive philosophical examination of reparations claims within today’s political and legal landscapes.

For generations, Black Americans have demanded reparations, and, for generations, the US government has ignored or denied these claims. In Calling State Power to Account, Jennifer M. Page puts forward a novel case for reparations owed to Black Americans for slavery, Jim Crow, and subsequent injustices.

Navigating conflicting insights that reparations are owed for blameworthy wrongdoing and that present iniquities to Black Americans are structural rather than the result of intentional offenses by a clearly identifiable party, Page theorizes how unredressed state-sponsored injustices can be the basis of present reparative duties. Split into two parts, the book first makes a philosophical case for reparations before then examining reparations from both legal and political perspectives. This analysis includes considering practical challenges to reparations, such as the limits of legal accountability in a system with formal barriers designed to shield the government from liability. Despite formidable obstacles, Page argues that there is deep moral and democratic significance to the pursuits of reparations claimants. The aim of reparations is not only monetary compensation but also a moral reckoning and assertion of equality against the backdrop of social and political inequalities.

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cover of Carceral Liberalism: Feminist Voices against State Violence

Carceral Liberalism

Feminist Voices against State Violence

Edited by Shreerekha Pillai. Foreword by Demita Frazier

University of Illinois Press, 2023

One of Ms. Magazine's Most Anticipated Books of 2023

Carceral liberalism emerges from the confluence of neoliberalism, carcerality, and patriarchy to construct a powerful ruse disguised as freedom. It waves the feminist flag while keeping most women still at the margins. It speaks of a post-race society while one in three Black men remain incarcerated. It sings the praises of capital while the dispossessed remain mired in debt.

Shreerekha Pillai edits essays on carceral liberalism that continue the trajectory of the Combahee River Collective and the many people inspired by its vision of feminist solidarity and radical liberation. Academics, activists, writers, and a formerly incarcerated social worker look at feminist resurgence and resistance within, at the threshold of, and outside state violence; observe and record direct and indirect forms of carcerality sponsored by the state and shaped by state structures, traditions, and actors; and critique carcerality. Acclaimed poets like Honorée Fanonne Jeffers and Solmaz Sharif amplify the volume’s themes in works that bookend each section.

Cutting-edge yet historically grounded, Carceral Liberalism examines an American ideological creation that advances imperialism, anti-blackness, capitalism, and patriarchy.

Contributors: Maria F. Curtis, Joanna Eleftheriou, Autumn Elizabeth and Zarinah Agnew and D Coulombe, Jeremy Eugene, Demita Frazier, Honorée Fanonne Jeffers, Alka Kurian, Cassandra D. Little, Beth Matusoff Merfish, Francisco Argüelles Paz y Puente, Shreerekha Pillai, Marta Romero-Delgado, Ravi Shankar, Solmaz Sharif, Shailza Sharma, Tria Blu Wakpa and Jennifer Musial, Javier Zamora

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cover of Cardozo: A Study in Reputation

Cardozo

A Study in Reputation

Richard A. Posner

University of Chicago Press, 1993

What makes a great judge? How are reputations forged? Why do some reputations endure, while others crumble? And how can we know whether a reputation is fairly deserved? In this ambitious book, Richard Posner confronts these questions in the case of Benjamin Cardozo. The result is both a revealing portrait of one of the most influential legal minds of our century and a model for a new kind of study—a balanced, objective, critical assessment of a judicial career.

"The present compact and unflaggingly interesting volume . . . is a full-bodied scholarly biography. . . .It is illuminating in itself, and will serve as a significant contribution."—Paul A. Freund, New York Times Book Review

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cover of Catastrophe: Law, Politics, and the Humanitarian Impulse

Catastrophe

Law, Politics, and the Humanitarian Impulse

Austin Sarat

University of Massachusetts Press, 2009

From 9/11 to Katrina, from Darfur to the Minnesota bridge collapse, ours is an "age of catastrophe." In this era, catastrophic events seem to have a revelatory quality: they offer powerful reminders of the fragility of our social and institutional architectures, making painfully evident vulnerabilities in our social organization that were otherwise invisible. By disrupting the operation of fundamental mechanisms and infrastructures of the social order, they lay bare the conditions that make our sense of normalcy possible.

At a time when societies are directing an unprecedented level of resources and ingenuity to anticipating and mitigating catastrophic events, Catastrophe: Law, Politics, and the Humanitarian Impulse examines the tests that catastrophe poses to politics and humanitarianism as well as to the law. It explores legal, political, and humanitarian responses during times when the sudden, discontinuous, and disastrous event has become, perhaps paradoxically, a structural component of our political imagination. It asks whether law, politics, and humanitarianism live up to the tests posed by disaster, and the role all of them play in creating a more resilient world.

Taken together the essays in this book ask us to see through and beyond the myths that surround catastrophe and our responses to it. They ask us to rethink our understanding of catastrophe and to imagine new legal, political, and humanitarian responses.

In addition to the editors, contributors include Thomas Birkland, Michele Landis Dauber, Kim Fortun, Edward Rackley, Peter Redfield, Peter H. Schuck, and Susan Sterett.
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cover of Central Sites, Peripheral Visions: Cultural and Institutional Crossings in the History of Anthropology

Central Sites, Peripheral Visions

Cultural and Institutional Crossings in the History of Anthropology

Edited by Richard Handler

University of Wisconsin Press, 2006

The terms "center" and "periphery" are particularly relevant to anthropologists, since traditionally they look outward from institutional "centers"-universities, museums, government bureaus-to learn about people on the "peripheries." Yet anthropology itself, as compared with economics, politics, or history, occupies a space somewhat on the margins of academe.  Still, anthropologists, who control esoteric knowledge about the vast range of human variation, often find themselves in a theoretically central position, able to critique the "universal" truths promoted by other disciplines.

Central Sites, Peripheral Visions
presents five case studies that explore the dilemmas, moral as well as political, that emerge out of this unique position. From David Koester's analysis of how ethnographic descriptions of Iceland marginalized that country's population, to Kath Weston's account of an offshore penal colony where officials mixed prison work with ethnographic pursuits; from Brad Evans's reflections on the "bohemianism" of both the Harlem vogue and American anthropology, to Arthur J. Ray's study of anthropologists who serve as expert witnesses in legal cases, the essays in the eleventh volume of the History of Anthropology Series reflect on anthropology's always problematic status as centrally peripheral, or peripherally central. 

Finally, George W. Stocking, Jr., in a contribution that is almost a book in its own right, traces the professional trajectory of American anthropologist Robert Gelston Armstrong, who was unceremoniously expelled from his place of privilege because of his communist sympathies in the 1950s. By taking up Armstrong's unfinished business decades later, Stocking engages in an extended meditation on the relationship between center and periphery and offers "a kind of posthumous reparation," a page in the history of the discipline for a distant colleague who might otherwise have remained in the footnotes.

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cover of Challenging the Dichotomy: The Licit and the Illicit in Archaeological and Heritage Discourses

Challenging the Dichotomy

The Licit and the Illicit in Archaeological and Heritage Discourses

Edited by Les Field, Cristóbal Gnecco, and Joe Watkins

University of Arizona Press, 2016

Challenging the Dichotomy explores how dichotomies regarding heritage dominate the discourse of ethics, practices, and institutions. Examining issues of cultural heritage law, policy, and implementation, editors Les Field, Cristóbal Gnecco, and Joe Watkins guide the focus to important discussions of the binary oppositions of the licit and the illicit, the scientific and the unscientific, incorporating case studies that challenge those apparent contradictions.

Utilizing both ethnographic and archaeological examples, contributors ask big questions vital to anyone working in cultural heritage. What are the issues surrounding private versus museum collections? What is considered looting? Is archaeology still a form of colonialization? The contributors discuss this vis-à-vis a global variety of contexts and cultures from the United States, South Africa, Argentina, New Zealand, Honduras, Colombia, Palestine, Greece, Canada, and from the Nasa, Choctaw, and Maori nations.

Challenging the Dichotomy underscores how dichotomies—such as licit/illicit, state/nonstate, public/private, scientific/nonscientific—have been constructed and how they are now being challenged by multiple forces. Throughout the eleven chapters, contributors provide examples of hegemonic relationships of power between nations and institutions. Scholars also reflect on exchanges between Western and non-Western epistemologies and ontologies.

The book’s contributions are significant, timely, and inclusive. Challenging the Dichotomy examines the scale and scope of “illicit” forms of excavation, as well as the demands from minority and indigenous subaltern peoples to decolonize anthropological and archaeological research.
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cover of Changes in Law and Society during the Civil War and Reconstruction: A Legal History Documentary Reader

Changes in Law and Society during the Civil War and Reconstruction

A Legal History Documentary Reader

Edited by Christian G. Samito

Southern Illinois University Press, 2009

The first comprehensive collection of legal history documents from the Civil War and Reconstruction, this volume shows the profound legal changes that occurred during the Civil War era and highlights how law, society, and politics inextricably mixed and set American legal development on particular paths that were not predetermined. Editor Christian G. Samito has carefully selected excerpts from legislation, public and legislative debates, court cases, investigations of white supremacist violence in the South, and rare court-martial records, added his expert analysis, and illustrated the selections with telling period artwork to create an outstanding resource that demonstrates the rich and important legal history of the era.

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cover of Changing Lives: Delinquency Prevention as Crime-Control Policy

Changing Lives

Delinquency Prevention as Crime-Control Policy

Peter W. Greenwood

University of Chicago Press, 2005

One of the most astonishing aspects of juvenile crime is how little is known about the impact of the policies and programs put in place to fight it. The most commonly used strategies and programs for combating juvenile delinquency problems primarily rely on intuition and fads. Fortunately, as a result of the promising new research documented in Changing Lives, these deficiencies in our juvenile justice system might quickly be remedied.

Peter W. Greenwood here demonstrates here that as crimes rates have fallen, researchers have identified more connections between specific risk factors and criminal behavior, while program developers have discovered a wide array of innovative interventions. The result of all this activity, he reveals, has been the revelation of a few prevention models that reduce crime much more cost-effectively than popular approaches such as tougher sentencing, D.A.R.E., boot camps, and "scared straight" programs. Changing Lives expertly presents the most promising of these prevention programs, their histories, the quality of evidence to support their effectiveness, the public policy programs involved in bringing them into wider use, and the potential for investments and developmental research to increase the range and quality of programs.
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cover of Changing Minds: Social Movements’ Cultural Impacts

Changing Minds

Social Movements’ Cultural Impacts

Francesca Polletta

Russell Sage Foundation, 2025

Social movements—organized efforts by relatively powerless people to change society—can result in legal and policy changes, such as laws protecting same-sex marriage and tax rebates for solar energy. However, movements also change people’s beliefs, values, and everyday behavior. Such changes may help bring about new policies or take place in the absence of new policy, yet we still know little about when and why they occur. In Changing Minds, sociologists Francesca Polletta and Edwin Amenta ask why movements have sometimes had fast and far-reaching cultural influence.
 
Polletta and Amenta examine the trajectories of U.S. social movements, including the old-age pension movements of the 1930s and 1940s, the Black rights movement of the 1950s and 1960s, the women’s movement of the 1970s, right-wing movements in the 1980s and 1990s, and the environmental movement up to the present, to determine when, why, and how social movements change culture. They find that influential movements are featured in the news, but not only in the news. Movement perspectives may appear also in opinion and commentary outlets, on television talk shows and dramas, in movies, stand-up comedy, and viral memes. Popular culture producers remake movement messages as they transmit them, sometimes in ways that make those messages compelling. For example, while the news largely ignored feminists’ challenge to inequality in the home, popular cultural outlets turned “liberation” into a resonant demand for women’s right to self-fulfillment outside the home and within it.  Widespread attention to the movement may lead people to change their minds individually. But more substantial change is likely when companies, schools, and other organizations outside government strive to get out in front of a newly legitimate issue, whether environmental sustainability or racial equity, by adopting movement-supportive norms and practices. Eventually, ideas associated with a movement may become a new common sense—though not always the ideas that the movement intended.
 
Throughout Changing Minds, Polletta and Amenta provide activists with strategies for getting their message heard and acted on. They suggest how movement actors can get into the news as political players or experts rather than lawbreakers or zealots. They show when it makes sense for activists to work with popular cultural producers and when they should create their own cultural outlets. They explain why the routes to cultural influence have changed and why urging people to take one easy step to save the planet can do more harm than good.
 
Changing Minds is a fascinating exploration of why and how some social movements have caused profound shifts in society.
 
 
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cover of Cheaper by the Hour: Temporary Lawyers and the Deprofessionalization of the Law

Cheaper by the Hour

Temporary Lawyers and the Deprofessionalization of the Law

Authored by Robert A. Brooks

Temple University Press, 2012

Recent law school graduates often work as temporary attorneys, but law firm layoffs and downsizing have strengthened the temporary attorney industry. Cheaper by the Hour is the first book-length account of these workers.

Drawing from participant observation and interviews, Robert A. Brooks provides a richly detailed ethnographic account of freelance attorneys in Washington, DC. He places their document review work in the larger context of the deprofessionalization of skilled labor and considers how professionals relegated to temporary jobs feel diminished, degraded, or demeaned by work that is often tedious, repetitive, and well beneath their abilities.

Brooks documents how firms break a lawyer's work into discrete components that require less skill to realize maximum profits. Moreover, he argues that information technology and efficiency demands are further stratifying the profession and creating a new underclass of lawyers who do low-end commodity work.

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cover of Chicago Lawyers, Revised Edition: The Social Structure of the Bar

Chicago Lawyers, Revised Edition

The Social Structure of the Bar

John Heinz and Edward Laumann

Northwestern University Press, 1994

The legal profession is stratified primarily by the character of the clients served, not by the type of legal service rendered, as John P. Heinz and Edward O. Laumann convincingly demonstrate. In their classic study of the Chicago bar, the authors draw on interviews with nearly 800 lawyers to show that the profession is divided into two distinct hemispheres–corporate and individual–and that this dichotomy is reflected in the distribution of prestige among lawyers.
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cover of Chicago Lawyers: The Social Structure of the Bar

Chicago Lawyers

The Social Structure of the Bar

John P. Heinz

Russell Sage Foundation, 1982

What determines the systematic allocation of status, power, and economic reward among lawyers?  What kind of social structure organizes lawyers' roles in the bar and in the larger community? As Heinz and Laumann convincingly demonstrate, the legal profession is stratified primarily by the character of the clients served, not by the type of legal service rendered.  In fact, the distinction between corporate and individual clients divides the bar into two remarkably separate hemispheres.  Using data from extensive personal interviews with nearly 800 Chicago lawyers, the authors show that lawyers who serve one type of client seldom serve the other.  Furthermore, lawyers' political, ethno-religious, and social ties are very likely to correspond to those of their client types.  Greater deference is consistently shown to corporate lawyers, who seem to acquire power by association with their powerful clients. Heinz and Laumann also discover that these two "hemispheres" of the legal profession are not effectively integrated by intraprofessional organizations such as the bar, courts, or law schools.  The fact that the bar is structured primarily along extraprofessional lines raises intriguing questions about the law and the nature of professionalism, questions addressed in a provocative and far-ranging final chapter. This volume, published jointly with the American Bar Foundation, offers a uniquely sophisticated and comprehensive analysis of lawyers' professional lives.  It will be of exceptional importance to sociologists and others interested in the legal profession, in the general study of professions, and in social stratification and the distribution of power.
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cover of Child Support: The Next Frontier

Child Support

The Next Frontier

J. Thomas Oldham and Marygold S. Melli, Editors

University of Michigan Press, 2000

There has been a revolution in child support law in the last half-century, fueled by escalating numbers of divorces and children born to unmarried parents. This collection of essays examines the state of child support policy at the close of the twentieth century and the end of an era of far-reaching reform of the child support system.
Reforms have moved the child support system from one of minimal effort, based on the assumption that children in single parent households would be supported by their custodial parents or by government welfare, to a formula-based system for calculating child support and an aggressive enforcement program to collect that support from the noncustodial parent.
The essays range from a review of child support history, with a focus on the changing mores of parental responsibility, to empirical studies of whether increased establishment of paternity and child support enforcement results in more father-child contacts, to how child support affects fathers and whether the support obligation impoverishes noncustodial fathers. The essays explore the failure of the current child support reforms to reduce child poverty, consider the need to study how to determine what is a "fair amount" of child support, and debate proposals to follow the example of a number of other industrialized nations and provide more generous public benefits for poor children.
This book will be of interest to public policy makers and professionals--lawyers, legal scholars, social workers, and administrators--who work in and study the child support system.
Contributors are June R. Carbone, John Eekelaar, Martha A. Fineman, Irwin Garfinkel, Marsha Garrison, Paul K. Legler, Mavis Maclean, Marygold S. Melli, Daniel R. Meyer, J. Thomas Oldham, Allen M. Parkman, Judith A. Seltzer, and Andrea Warman.
J. Thomas Oldham is John H. Freeman Professor Law, University of Houston Law School. Marygold S. Melli is Voss-Bascom Professor of Law Emerita, University of Wisconsin-Madison Law School.
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cover of Children and Drug Safety: Balancing Risk and Protection in Twentieth-Century America

Children and Drug Safety

Balancing Risk and Protection in Twentieth-Century America

Connolly, Cynthia A

Rutgers University Press, 2018

Winner of the 2018 Arthur J. Viseltear Award from the Medical Care Section of the American Public Health Association​

Children and Drug Safety traces the development, use, and marketing of drugs for children in the twentieth century, a history that sits at the interface of the state, business, health care providers, parents, and children. This book illuminates the historical dimension of a clinical and policy issue with great contemporary significance—many of the drugs administered to children today have never been tested for safety and efficacy in the pediatric population.
 
Each chapter of Children and Drug Safety engages with major turning points in pediatric drug development; themes of children’s risk, rights, protection and the evolving context of childhood; child-rearing; and family life in ways freighted with nuances of race, class, and gender. Cynthia A. Connolly charts the numerous attempts by Congress, the Food and Drug Administration, the American Academy of Pediatrics, and leading pediatric pharmacologists, scientists, clinicians, and parents to address a situation that all found untenable. 


Open access edition funded by the National Endowment for the Humanities.

The text of this book is licensed under a Creative Commons Attribution NonCommercial-NoDerivatives 4.0 International License: https://creativecommons.org/licenses/by-nc-nd/4.0/ 
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cover of Chilling Effect: A Lucinda Hayes Mystery

Chilling Effect

A Lucinda Hayes Mystery

Marianne Wesson

University Press of Colorado, 2004

Equal parts courtroom drama, intellectual journey, and character study, Chilling Effect is Marianne Wesson's most provocative Lucinda Hayes mystery to date.

When attorney Lucinda Hayes reluctantly agrees to represent the mother of a brutally slain child, she must convince the court that the makers of a pornographic film are liable for the murder. As the case unfolds, Lucinda calls upon all her personal strength and legal talent, facing down her own ghosts as well as the powerful entertainment industry's star lawyers.

In Chilling Effect, Wesson affirms the power of free speech to inspire the best and the worst human behavior and explores the tension between freedom and accountability

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cover of Choosing State Supreme Court Justices: Merit Selection and the Consequences of Institutional Reform

Choosing State Supreme Court Justices

Merit Selection and the Consequences of Institutional Reform

Greg Goelzhauser

Temple University Press, 2016

Since 1940, more than half of all states have switched at least in part from popular election or elite appointment to experiment with merit selection in choosing some or all of their state supreme court justices. Under merit selection, a commission—often comprising some combination of judges, attorneys, and the general public—is tasked with considering applications from candidates vying to fill a judicial vacancy. Ostensibly, the commission forwards the best candidates to the governor, who ultimately appoints them. Presently, numerous states are debating whether to adopt or abolish merit selection. 

In his short, sharp book, Choosing State Supreme Court Justices, Greg Goelzhauser utilizes new data on more than 1,500 state supreme court justices seated from 1960 through 2014 to answer the question, Does merit selection produce better types of judges? He traces the rise of merit selection and explores whether certain judicial selection institutions favor candidates who have better qualifications, are more diverse, and have different types of professional experience.

Goelzhauser’s results ultimately contribute to the broader debate concerning comparative institutional performance with respect to state judicial selection.

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cover of Church State Corporation: Construing Religion in US Law

Church State Corporation

Construing Religion in US Law

Winnifred Fallers Sullivan

University of Chicago Press, 2020

Church and state: a simple phrase that reflects one of the most famous and fraught relationships in the history of the United States. But what exactly is “the church,” and how is it understood in US law today? In Church State Corporation, religion and law scholar Winnifred Fallers Sullivan uncovers the deeply ambiguous and often unacknowledged ways in which Christian theology remains alive and at work in the American legal imagination.

Through readings of the opinions of the US Supreme Court and other legal texts, Sullivan shows how “the church” as a religious collective is granted special privilege in US law. In-depth analyses of Hosanna-Tabor v. EEOC and Burwell v. Hobby Lobby reveal that the law tends to honor the religious rights of the group—whether in the form of a church, as in Hosanna-Tabor, or in corporate form, as in Hobby Lobby—over the rights of the individual, offering corporate religious entities an autonomy denied to their respective members. In discussing the various communities that construct the “church-shaped space” in American law, Sullivan also delves into disputes over church property, the legal exploitation of the black church in the criminal justice system, and the recent case of Masterpiece Cakeshop v. Colorado Civil Rights Commission. Brimming with insight, Church State Corporation provocatively challenges our most basic beliefs about the ties between religion and law in ostensibly secular democracies.
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cover of Citizen Rauh: An American Liberal's Life in Law and Politics

Citizen Rauh

An American Liberal's Life in Law and Politics

Michael E. Parrish

University of Michigan Press, 2011

"Joe Rauh was the type of lawyer who comes along maybe once in a generation---talented, politically astute, effective, and stubbornly devoted to principles, the type of person who not only could but did make a difference. He deserves a biography that explores not only his persona, but the America in which he lived and worked, and how he made a difference to so many people. Michael Parrish has given us just such a book, an exceedingly fine, well-written story that will make clear to another generation not only who Joe Rauh was, but why we as a nation will always need someone like him."
---Melvin I. Urofsky, Professor of Law and Public Policy, Virginia Commonwealth University

"Michael Parrish has captured the life of this great civil libertarian in splendid fashion. His biography of this energetic New Deal liberal weaves effortlessly between public and private, friend and foe, victory and defeat. With Parrish as a sure guide, Citizen Rauh transports the reader through an American history that begins with Sacco and Vanzetti and ends as he battles CIA skullduggery in the 1980s. This biography should be on your shelf and in your heart."
---Nelson Lichtenstein, MacArthur Foundation Professor of History and Director of the Center for the Study of Work, Labor, and Democracy, University of California, Santa Barbara

"Michael Parrish has fashioned a biography filled with Rauh's spirit, achievements, his losses, and above all, the importance of his presence. This is a wonderful account of a giant of late 20th century political and legal affairs."
---Stanley Kutler, E. Gordon Fox Professor Emeritus of American Institutions, History, and Law, University of Wisconsin, Madison

Citizen Rauh tells the story of American lawyer Joseph L. Rauh Jr., who kept alive the ideals of New Deal liberalism and broadened those ideals to include a commitment to civil rights. Rauh's clients included Arthur Miller, Lillian Hellman, A. Philip Randolph, and the Mississippi Freedom Democratic Party. With good reason Freedom Rider John Lewis once called him "the blackest white man I ever knew."

No lawyer in the post-1945 era did more to protect the economic interests of working-class Americans than Rauh, who fought for the unions as they struggled for legitimacy and against them when they betrayed their own members. No lawyer stood more courageously against repressive anticommunism during the 1950s or advanced the cause of racial justice more vigorously in the 1960s and 1970s. No lawyer did more to defend the constitutional vision of the Warren Court and resist the efforts of Richard Nixon and Ronald Reagan to undo its legacy.

Throughout his life, Rauh continued to articulate a progressive vision of law and politics, ever confident that his brand of liberalism would become vital once again when the cycle of American politics took another turn.

Michael E. Parrish is Distinguished Professor of History at the University of California, San Diego, where he has taught for forty years. A specialist in the legal and constitutional history of the United States, he has also taught at Nanjing University in the People's Republic of China, the University of Edinburgh, the University of Glasgow, and the University of Helsinki, where he was the Fulbright Bicentennial Professor of American Studies.

Parrish is the author of five other books: Securities Regulation and the New Deal; Felix Frankfurter and His Times; Anxious Decades: America in Prosperity and Depression; The Hughes Court: Justices, Rulings, and Legacy; and The Supreme Court and Capital Punishment: Judging Death. His articles have appeared in the American Historical Review, the Historian, Diplomatic History, the Journal of the Supreme Court Historical Society, and the Yale Law Journal.

Jacket design by Paula Newcomb

Jacket photograph: Joseph L. Rauh Jr. with President Lyndon B. Johnson. Courtesy of the Estate of Olie W. Rauh.

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cover of Citizenship in Question: Evidentiary Birthright and Statelessness

Citizenship in Question

Evidentiary Birthright and Statelessness

Benjamin N. Lawrance and Jacqueline Stevens, editors

Duke University Press, 2017

Citizenship is often assumed to be a clear-cut issue—either one has it or one does not. However, as the contributors to Citizenship in Question demonstrate, citizenship is not self-evident; it emerges from often obscure written records and is interpreted through ambiguous and dynamic laws. In case studies that analyze the legal barriers to citizenship rights in over twenty countries, the contributors explore how states use evidentiary requirements to create and police citizenship, often based on fictions of racial, ethnic, class, and religious differences. Whether examining the United States’ deportation of its own citizens, the selective use of DNA tests and secret results in Thailand, or laws that have stripped entire populations of citizenship, the contributors emphasize the political, psychological, and personal impact of citizenship policies. Citizenship in Question incites scholars to revisit long-standing political theories and debates about nationality, free movement, and immigration premised on the assumption of clear demarcations between citizens and noncitizens.
 
Contributors. Alfred Babo, Jacqueline Bhabha, Jacqueline Field, Amanda Flaim, Sara L. Friedman, Daniel Kanstroom, Benjamin N. Lawrance, Beatrice McKenzie, Polly J. Price, Rachel E. Rosenbloom, Kim Rubenstein, Kamal Sadiq, Jacqueline Stevens, Margaret D. Stock
[more]
cover of Citizenship, Belonging, and Political Community in Africa: Dialogues between Past and Present

Citizenship, Belonging, and Political Community in Africa

Dialogues between Past and Present

Emma Hunter

Ohio University Press, 2016

Africa, it is often said, is suffering from a crisis of citizenship. At the heart of the contemporary debates this apparent crisis has provoked lie dynamic relations between the present and the past, between political theory and political practice, and between legal categories and lived experience. Yet studies of citizenship in Africa have often tended to foreshorten historical time and privilege the present at the expense of the deeper past.

Citizenship, Belonging, and Political Community in Africa provides a critical reflection on citizenship in Africa by bringing together scholars working with very different case studies and with very different understandings of what is meant by citizenship. By bringing historians and social scientists into dialogue within the same volume, it argues that a revised reading of the past can offer powerful new perspectives on the present, in ways that might also indicate new paths for the future.

The project collects the works of up-and-coming and established scholars from around the globe. Presenting case studies from such wide-ranging countries as Sudan, Mauritius, South Africa, Côte d’Ivoire, and Ethiopia, the essays delve into the many facets of citizenship and agency as they have been expressed in the colonial and postcolonial eras. In so doing, they engage in exciting ways with the watershed book in the field, Mahmood Mamdani’s Citizen and Subject.

Contributors: Samantha Balaton-Chrimes, Frederick Cooper, Solomon M. Gofie, V. Adefemi Isumonah, Cherry Leonardi, John Lonsdale, Eghosa E.Osaghae, Ramola Ramtohul, Aidan Russell, Nicole Ulrich, Chris Vaughan, and Henri-Michel Yéré.

[more]
cover of Civic and Uncivic Values in Kosovo: History, Politics, and Value Transformation

Civic and Uncivic Values in Kosovo

History, Politics, and Value Transformation

Sabrina P. Ramet

Central European University Press, 2015

This volume is driven by the conviction that the key to the establishment of stable liberal democracy anywhere in the world and, in this case, in Kosovo lies in the completion of three interrelated tasks: first, the creation of effective political institutions, based on the principle of the separation of powers (including the independence of the judiciary); second, the promotion of the rule of law; and, third, the promotion of civic values, including tolerance or ethnic/religious/sexual minorities, trust, and respect for the harm principle. In fact, there are problems across all three measures, including with judicial independence, with the rule of law, and with civic values. On the last of these, research findings show that the citizens of Kosovo rank extremely low on trust of other citizens, low on engagement in social organizations, and tolerance of gays, lesbians, and atheists, but high on trust in the political institutions of their country and in pride of their newly independent state.
[more]
cover of Civil Rights and African Americans: A Documentary History

Civil Rights and African Americans

A Documentary History

Albert Blaustein and Robert L. Zangrando

Northwestern University Press, 1991

This volume brings together for the first time all the important primary documents in the history of civil rights in the United States. Beginning in 1619, it contains original texts on slavery, abolition, the Civil War, Reconstruction, desegregation, the NAACP, and the black power movement. A thought-provoking preface provides an overview of the developments in civil rights law and public policy to the present day.

Many of the documents included were previously scattered in hard-to-find sources, not readily available to instructors and students. Civil Rights and African Americans is the first collection of all the seminal texts of the civil rights struggle, an invaluable scholarly reference and riveting reading for anyone interested in the history of racial conflict in the United States.
[more]
cover of Civil Service Law

Civil Service Law

Oliver P. Field

University of Minnesota Press, 1939

Civil Service Law was first published in 1939. Minnesota Archive Editions uses digital technology to make long-unavailable books once again accessible, and are published unaltered from the original University of Minnesota Press editions.

[more]
cover of Civil War Congress and the Creation of Modern America: A Revolution on the Home Front

Civil War Congress and the Creation of Modern America

A Revolution on the Home Front

Paul Finkelman

Ohio University Press, 2018

Most literature on the Civil War focuses on soldiers, battles, and politics. But for every soldier in the United States Army, there were nine civilians at home. The war affected those left on the home front in many ways. Westward expansion and land ownership increased. The draft disrupted families while a shortage of male workers created opportunities for women that were previously unknown.

The war also enlarged the national government in ways unimagined before 1861. The Homestead Act, the Land Grant College Act, civil rights legislation, the use of paper currency, and creation of the Internal Revenue Service to collect taxes to pay for the war all illustrate how the war fundamentally, and permanently, changed the nation.

The essays in this book, drawn from a wide range of historical expertise and approaching the topic from a variety of angles, explore the changes in life at home that led to a revolution in American society and set the stage for the making of modern America.

Contributors: Jean H. Baker, Jenny Bourne, Paul Finkelman, Guy Gugliotta, Daniel W. Stowell, Peter Wallenstein, Jennifer L. Weber.

[more]
cover of Classical Rhetoric and Contemporary Law: A Critical Reader

Classical Rhetoric and Contemporary Law

A Critical Reader

Edited by Francis J. Mootz III, Kirsten K. Davis, Brian N. Larson, and Kristen K. Tiscione

University of Alabama Press, 2024

A rigorous interdisciplinary inquiry into how classical rhetorical traditions continue to inform, challenge, and enrich modern legal reasoning and jurisprudence.

Classical Rhetoric and Contemporary Law: A Critical Reader is a rich work that analyzes the interplay between ancient rhetorical traditions and modern legal practice, reestablishing the lost connections between law and classical rhetoric. From Isocrates’s Panegyricus in 380 BCE to the landmark US Supreme Court case Trump v. Hawaii in 2018, and from Antiphon’s fifth century BCE First Tetralogy to 1995’s O. J. Simpson trial, the volume draws on an array of sources to illuminate how ancient rhetorical insights may even today challenge and enrich our grasp of contemporary legal principles.

The collection opens with a brisk review of the historical development of rhetoric. The second part examines a pair of rhetorical theorists whose works frame the period across which classical rhetoric declined as a mode of thought. A contemporary appellate case contrasts with the work of Giambattista Vico, an eighteenth-century professor of rhetoric who warned of the separation of law from rhetoric. The analysis of the work of twentieth-century scholars Chaïm Perelman and Lucie Olbrects-Tyteca shows that where Cartesian rationality fails, the humanistic tradition of rhetoric allows the law to respond to the needs of justice. In the third part, ten case studies bring together a classical rhetorical theorist with a contemporary court case, demonstrating the abiding relevance of the classical tradition to contemporary jurisprudence.

With its cross-disciplinary appeal, Classical Rhetoric and Contemporary Law encompasses the work of legal, rhetorical, English, and communication scholars alike, catalyzing interactive exploration into the profound ways ancient rhetorical insights continue to shape our comprehension of today’s legal landscape.

CONTRIBUTORS
Vasileios Adamidis / Elizabeth C. Britt / Kirsten K. Davis / David A. Frank / Michael Gagarin / Eugene Garver / Mark A. Hannah / Catherine L. Langford / Brian N. Larson / Craig A. Meyer / Francis J. Mootz III / Susan E. Provenzano / Nick J. Sciullo / Kristen K. Tiscione / Laura A. Webb



 

[more]
cover of Clean Hands and Rough Justice: An Investigating Magistrate in Renaissance Italy

Clean Hands and Rough Justice

An Investigating Magistrate in Renaissance Italy

David S. Chambers and Trevor Dean

University of Michigan Press, 1997

It is rarely possible to write biographies of lay people who lived in the Middles Ages. While accounts of clerical, royal, and military life are many, the wider populace has remained in relative obscurity. In Clean Hands and Rough Justice: An Investigating Magistrate in Renaissance Italy, David S. Chambers and Trevor Dean present an extraordinary and previously unknown character from Renaissance Italy, Beltramino Cusadri (ca. 1425-1500). This judge was known as the "terrible commissioner," and he spent most of his professional life acting as criminal investigator and legal adviser to two princely dynasties -- the Gonzaga of Mantua and the Este of Ferrara. The authors investigate and compare the judicial institutions and social conditions in which Beltramino Cusadri worked, the criminal cases that he investigated, and his successes and failures. Their combined presentation of the figure and mentality of Cusadri amounts to something unprecedented in Italian Renaissance historiography: the portrait of a professional man, employed to combat rising crime, but accused of corruption and tyranny by the entrenched interests that he faced. The book follows the major phases of Beltramino's career and offers a broader exploration of the legal history of Renaissance Italy. In his long life Beltramino Cusadri wrote hundreds of letters to his employers and it is upon these letters that this book is based. These letters with their wry, colorfully worded expressions are liberally quoted and provide unique insight into the career, activity, and attitudes of a major Renaissance bureaucrat. The letters of his employers in return are also drawn upon to examine a variety of themes, from the progress of law-making and the pattern of criminality, to the problems of policing and the changing forms of punishment. These provide an extraordinarily vivid picture of face-to-face realities that make an important contribution to the history of crime, law, policing, and punishment.
[more]
cover of Closing Arguments: Clarence Darrow on Religion, Law, and Society

Closing Arguments

Clarence Darrow on Religion, Law, and Society

Clarence Darrow

Ohio University Press, 2005

Clarence Darrow, son of a village undertaker and coffinmaker, rose to become one of America’s greatest attorneys—and surely its most famous. The Ohio native gained renown for his central role in momentous trials, including his 1924 defense of Leopold and Loeb and his defense of Darwinian principles in the 1925 Scopes “Monkey Trial.” Some have traced Darrow’s lifelong campaign against capital punishment to his boyhood terror at seeing a Civil War soldier buried—and no client of Darrow’s was ever executed, not even black men who were accused of murder for killing members of a white mob.

Closing Arguments: Clarence Darrow on Religion, Law, and Society collects, for the first time, Darrow’s thoughts on his three main preoccupations, revealing a carefully conceived philosophy expressed with delightful pungency and clarity. His thoughts on social issues, especially on the dangers of religious fundamentalism, are uncannily prescient. A dry humor infuses his essays, and his reflections on himself and his philosophy reveal a quiet dignity at the core of a man better known for provoking Americans during an era of unprecedented tumult. From the wry “Is the Human Race Getting Anywhere?” to the scornful “Patriotism” and his elegiac summing up, “At Seventy-two,” Darrow’s writing still stimulates, pleases and challenges.

A rebel who always sided intellectually and emotionally with the minority, Darrow remains a figure to contend with sixty-seven years after his death. “Inside every lawyer is the wreck of a poet,” Darrow once said. Closing Arguments demonstrates that, in his case, that statement is true.

[more]
cover of Cognitive Styles in Law Schools

Cognitive Styles in Law Schools

By Alfred G. Smith

University of Texas Press, 1979

People differ in their cognitive styles—their ways of getting and using information to solve problems and make decisions. Alfred G. Smith and his associates studied these differences in a selected group of over 800 students at a score of law schools throughout the United States. Two major cognitive styles were identified: that of the monopath, who follows a single route of established principles and procedures, and that of the polypath, who takes many routes, as circumstances suggest.

A battery of both original and standard tests was administered to both law students and their professors to investigate differences in cognitive style and their relationships to self-image, anxiety, and academic achievement. This also revealed differences in prevailing styles at different schools.

The results will be of special interest to readers concerned with legal education, to psychologists, and to behavioral scientists. The research format developed here will serve equally well for raising significant questions about the professions of medicine, education, social work, and others in which cognitive and communication styles play a central role in determining outcomes.

[more]
cover of Cold War Ruins: Transpacific Critique of American Justice and Japanese War Crimes

Cold War Ruins

Transpacific Critique of American Justice and Japanese War Crimes

Lisa Yoneyama

Duke University Press, 2016

In Cold War Ruins Lisa Yoneyama argues that the efforts intensifying since the 1990s to bring justice to the victims of Japanese military and colonial violence have generated what she calls a "transborder redress culture." A product of failed post-World War II transitional justice that left many colonial legacies intact, this culture both contests and reiterates the complex transwar and transpacific entanglements that have sustained the Cold War unredressability and illegibility of certain violences. By linking justice to the effects of American geopolitical hegemony, and by deploying a conjunctive cultural critique—of "comfort women" redress efforts, state-sponsored apologies and amnesties, Asian American involvement in redress cases, the ongoing effects of the U.S. occupation of Japan and Okinawa, Japanese atrocities in China, and battles over WWII memories—Yoneyama helps illuminate how redress culture across Asia and the Pacific has the potential to bring powerful new and challenging perspectives on American exceptionalism, militarized security, justice, sovereignty, forgiveness, and decolonization.
[more]
cover of Collateral Knowledge: Legal Reasoning in the Global Financial Markets

Collateral Knowledge

Legal Reasoning in the Global Financial Markets

Annelise Riles

University of Chicago Press, 2011

Who are the agents of financial regulation? Is good (or bad) financial governance merely the work of legislators and regulators? Here Annelise Riles argues that financial governance is made not just through top-down laws and policies but also through the daily use of mundane legal techniques such as collateral by a variety of secondary agents, from legal technicians and retail investors to financiers and academics and even computerized trading programs.    

            
Drawing upon her ten years of ethnographic fieldwork in the Japanese derivatives market, Riles explores the uses of collateral in the financial markets as a regulatory device for stabilizing market transactions. How collateral operates, Riles suggests, is paradigmatic of a class of low-profile, mundane, but indispensable activities and practices that are all too often ignored as we think about how markets should work and be governed.  Riles seeks to democratize our understanding of legal techniques, and demonstrate how these day-to-day private actions can be reformed to produce more effective forms of market regulation.

[more]
cover of Collective Bargaining and the Battle for Ohio: The Defeat of Senate Bill 5 and the Struggle to Defend the Middle Class

Collective Bargaining and the Battle for Ohio

The Defeat of Senate Bill 5 and the Struggle to Defend the Middle Class

John T. McNay

University of Minnesota Press, 2022

This study outlines the landmark “We Are Ohio” labor coalition.
 
In 2011, Ohio Governor John Kasich and his Republican-controlled legislature passed the radical Senate Bill 5 designed to impede the labor movement, particularly targeting unionized professors. Collective Bargaining and the Battle for Ohio is the story of how professors worked alongside firefighters, police, and janitors to defend universities, the value of higher education, and their collective bargaining rights. Faculty across the state joined “We Are Ohio,” a historic coalition of unions and progressive groups that spearheaded efforts to protect employees’ rights to have a voice in the workplace. A massive political struggle ensued, pitting the labor movement against powerful corporate forces, and on election day, Ohioans defended the middle class by repealing Senate Bill 5 by a nearly 2-1 margin. 

In this tenth-anniversary edition, historian, higher education expert, and author John T. McNay updates the introduction and pairs his compelling account with video and articles which highlight the struggles of the union battle.
[more]
cover of Colonial Law Making: Cambodia under the French

Colonial Law Making

Cambodia under the French

Sally Frances Low

National University of Singapore Press, 2023

An important case study in the history of law under colonialism. 

Covering a previously neglected area of Cambodian history, Colonial Law Making explores the structural forces and contingent exchanges that shaped colonial law in Cambodia and examines its post-independence colonial legacy.

The court of King Norodom and the temples of Angkor Wat became orientalist icons in the French colonial imagination, perpetuating an image of the Protectorate (1863–1953) as special and worthy of preservation. This contributed to exceptionalism in the way the Kingdom was colonized, including through law. Drawing on previously unexamined archival material, Sally Low presents a comparative case study of French approaches to colonial law, jurisdiction, and protection. Although the voices of non-elite Cambodians are largely absent from the archives, their influence on colonial law is evident as they resisted efforts to regulate their lives and their land. Low argues that the result was a set of state legal institutions and an indigenous jurisdiction that blended Cambodian and French notions of patronage and royal power as the source and authority for law.

This work is a case study of colonial law as an instrument of control and administration in an indirectly ruled colony. It adds depth to our understanding of the impact of European colonial law and the significance of different forms of colonial rule—direct, indirect, and unofficial. It is easily accessible for non-lawyers and is a must-read for those interested in the recent past of Southeast Asia and the countries that were previously colonized as French Indochina.
[more]
cover of Colonial Lives of Property: Law, Land, and Racial Regimes of Ownership

Colonial Lives of Property

Law, Land, and Racial Regimes of Ownership

Brenna Bhandar

Duke University Press, 2018

In Colonial Lives of Property Brenna Bhandar examines how modern property law contributes to the formation of racial subjects in settler colonies and to the development of racial capitalism. Examining both historical cases and ongoing processes of settler colonialism in Canada, Australia, and Israel and Palestine, Bhandar shows how the colonial appropriation of indigenous lands depends upon ideologies of European racial superiority as well as upon legal narratives that equate civilized life with English concepts of property. In this way, property law legitimates and rationalizes settler colonial practices while it racializes those deemed unfit to own property. The solution to these enduring racial and economic inequities, Bhandar demonstrates, requires developing a new political imaginary of property in which freedom is connected to shared practices of use and community rather than individual possession.
[more]
cover of Colonialism Is Crime

Colonialism Is Crime

Marianne Nielsen

Rutgers University Press, 2019

There is powerful evidence that the colonization of Indigenous people was and is a crime, and that that crime is on-going. Achieving historical colonial goals often meant committing acts that were criminal even at the time. The consequences of this oppression and criminal victimization is perhaps the critical factor explaining why Indigenous people today are overrepresented as victims and offenders in the settler colonist criminal justice systems. This book presents an analysis of the relationship between these colonial crimes and their continuing criminal and social consequences that exist today. The authors focus primarily on countries colonized by Britain, especially the United States. Social harm theory, human rights covenants, and law are used to explain the criminal aspects of the historical laws and their continued effects. The final chapter looks at the responsibilities of settler-colonists in ameliorating these harms and the actions currently being taken by Indigenous people themselves.
[more]
cover of Coloniality, Religion, and the Law in the Early Iberian World

Coloniality, Religion, and the Law in the Early Iberian World

Santa Arias

Vanderbilt University Press, 2013

From postcolonial, interdisciplinary, and transnational perspectives, this collection of original essays looks at the experience of Spain's empire in the Atlantic and the Pacific and its cultural production.

Hispanic Issues Series
Nicholas Spadaccini, Editor-in-Chief

Hispanic Issues Online
hispanicissues.umn.edu/online_main.html
[more]
cover of Color of Law: A Novel

Color of Law

A Novel

David Milofsky

University Press of Colorado, 2000

This is a rich, absorbing novel about good, evil, and the inability of the legal system to mediate between the two. Two white Milwaukee motorcycle cops pursue and kill a young black man on a bitterly cold winter night in 1959 and with the help of their su
[more]
cover of Colorado Water Law for Non-Lawyers

Colorado Water Law for Non-Lawyers

P. Andrew Jones

University Press of Colorado, 2009

Why do people fight about water rights? Who decides how much water can be used by a city or irrigator? Does the federal government get involved in state water issues? Why is water in Colorado so controversial? These questions, and others like them, are addressed in Colorado Water Law for Non-Lawyers. This concise and understandable treatment of the complex web of Colorado water laws is the first book of its kind. Legal issues related to water rights in Colorado first surfaced during the gold mining era in the 1800s and continue to be contentious today with the explosive population growth of the twenty-first century. Drawing on geography and history, the authors explore the flashpoints and water wars that have shaped Colorado’s present system of water allocation and management. They also address how this system, developed in the mid-1800s, is standing up to current tests—including the drought of the past decade and the competing interests for scarce water resources—and predict how it will stand up to new demands in the future.

This book will appeal to at students, non-lawyers involved with water issues, and general readers interested in Colorado’s complex water rights law.

[more]
cover of Command on Trial: Japanese Officers, War Crimes, and Command Responsibility

Command on Trial

Japanese Officers, War Crimes, and Command Responsibility

Paul Taucher

Hong Kong University Press, 2026

An examination of how the legal doctrine of command responsibility was applied during military tribunals for Japanese war criminals, often inconsistently and ineffectively.

Between 1945 and 1951, the Allied powers prosecuted over 5,700 suspected Japanese war criminals across the Asia-Pacific region before one international and many national tribunals using a new legal doctrine known as command responsibility. Command responsibility holds officers criminally liable for the crimes of their subordinates even if they did not order the crimes to occur. Allied authorities believed that the structure of the Japanese military had allowed the crimes to occur and that pursuing guilt for war crimes should extend beyond enlisted soldiers who were the direct perpetrators of war crimes to those who had been in a position of command.

Command on Trial shows that the application of command responsibility in the courtroom was highly unstable and open to manipulation, especially in the trials of lower-ranking officers, resulting in outcomes that were legally, morally, and philosophically inconsistent. A clear illustration of the pitfalls of command responsibility, this book shows that the trials—and command responsibility—did not achieve comprehensive justice and left unanswered the question of who was actually responsible for many of the war crimes that were perpetrated.

[more]
cover of Commentaries on the Laws of England, A Facsimile of the First Edition of 1765-1769

Commentaries on the Laws of England, A Facsimile of the First Edition of 1765-1769

William Blackstone

University of Chicago Press, 2002

Perhaps the most important legal treatise ever written in the English language, Sir William Blackstone's Commentaries on the Laws of England (1765-69) was the first effort to consolidate English common law into a unified and rational system. Clearly and elegantly written, the work achieved immediate renown and exerted a powerful influence on legal education both in England and America. This handsomely produced, slipcased four-volume set includes facsimiles of the eighteenth-century first edition, undistorted by later interpolations.

The Commentaries is divided into four books. The first, introduced by Stanley N. Katz, deals with what Blackstone called "the rights of persons," what a modern lawyer would call constitutional law, the legal structure of government. Book II includes an introduction by A. W. Brian Simpson and describes the law of property. Book III, introduced by John H. Langbein, analyzes civil procedure and remedies. The last book, which is devoted to criminal law and procedure, includes an introduction by Thomas A. Green.

Now regarded as a literary, as well as a legal classic, Blackstone's Commentaries brilliantly laid out the system of English law in the mid-eighteenth century, demonstrating that as a system of justice, it was comparable to Roman law and the civil law of the Continent. Ironically, the work also revealed to the colonists the insufficiencies of the system and became a model for the legal system of the fledgling American nation in 1789. Supplemented with commentary by experts in the field, these classic facsimile volumes belong on every lawyer's bookshelves.

Volume I: Of the Rights of Persons (1765)
Volume II: Of the Rights of Things (1766)
Volume III: Of Private Wrongs (1768)
Volume IV: Of Public Wrongs (1769)
[more]
cover of Commentaries on the Laws of England, Volume 1: A Facsimile of the First Edition of 1765-1769

Commentaries on the Laws of England, Volume 1

A Facsimile of the First Edition of 1765-1769

William Blackstone

University of Chicago Press, 1979

Sir William Blackstone's Commentaries on the Laws of England (1765-1769) stands as the first great effort to reduce the English common law to a unified and rational system. Blackstone demonstrated that the English law as a system of justice was comparable to Roman law and the civil law of the Continent. Clearly and elegantly written, the work achieved immediate renown and exerted a powerful influence on legal education in England and in America which was to last into the late nineteenth century. The book is regarded not only as a legal classic but as a literary masterpiece.

Previously available only in an expensive hardcover set, Commentaries on the Laws of England is published here in four separate volumes, each one affordably priced in a paperback edition. These works are facsimiles of the eighteenth-century first edition and are undistorted by later interpolations. Each volume deals with a particular field of law and carries with it an introduction by a leading contemporary scholar.

In his introduction to this first volume, Of the Rights of Persons, Stanley N. Katz presents a brief history of Blackstone's academic and legal career and his purposes in writing the Commentaries. Katz discusses Blackstone's treatment of the structure of the English legal system, his attempts to justify it as the best form of government, and some of the problems he encountered in doing so.
[more]
cover of Commentaries on the Laws of England, Volume 2: A Facsimile of the First Edition of 1765-1769

Commentaries on the Laws of England, Volume 2

A Facsimile of the First Edition of 1765-1769

William Blackstone

University of Chicago Press, 1979

Sir William Blackstone's Commentaries on the Laws of England (1765-1769) stands as the first great effort to reduce the English common law to a unified and rational system. Blackstone demonstrated that the English law as a system of justice was comparable to Roman law and the civil law of the Continent. Clearly and elegantly written, the work achieved immediate renown and exerted a powerful influence on legal education in England and in America which was to last into the late nineteenth century. The book is regarded not only as a legal classic but as a literary masterpiece.

Previously available only in an expensive hardcover set, Commentaries on the Laws of England is published here in four separate volumes, each one affordably priced in a paperback edition. These works are facsimiles of the eighteenth-century first edition and are undistorted by later interpolations. Each volume deals with a particular field of law and carries with it an introduction by a leading contemporary scholar.

Introducing this second volume, Of the Rights of Things, A. W. Brian Simpson discusses the history of Blackstone's theory of various aspects of property rights—real property, feudalism, estates, titles, personal property, and contracts—and the work of his predecessors.
[more]
cover of Commentaries on the Laws of England, Volume 3: A Facsimile of the First Edition of 1765-1769

Commentaries on the Laws of England, Volume 3

A Facsimile of the First Edition of 1765-1769

William Blackstone

University of Chicago Press, 1979

Sir William Blackstone's Commentaries on the Laws of England (1765-1769) stands as the first great effort to reduce the English common law to a unified and rational system. Blackstone demonstrated that the English law as a system of justice was comparable to Roman law and the civil law of the Continent. Clearly and elegantly written, the work achieved immediate renown and exerted a powerful influence on legal education in England and in America which was to last into the late nineteenth century. The book is regarded not only as a legal classic but as a literary masterpiece.

Previously available only in an expensive hardcover set, Commentaries on the Laws of England is published here in four separate volumes, each one affordably priced in a paperback edition. These works are facsimiles of the eighteenth-century first edition and are undistorted by later interpolations. Each volume deals with a particular field of law and carries with it an introduction by a leading contemporary scholar.

Introducing this third volume, Of Private Wrongs, John H. Langbein discusses Blackstone's account of procedure and jurisdiction, jury trial, and equity. He also examines Blackstone's uneasy attitude toward the celebrated legal frictions of English civil procedure.
[more]
cover of Commentaries on the Laws of England, Volume 4: A Facsimile of the First Edition of 1765-1769

Commentaries on the Laws of England, Volume 4

A Facsimile of the First Edition of 1765-1769

William Blackstone

University of Chicago Press, 1979

Sir William Blackstone's Commentaries on the Laws of England (1765-1769) stands as the first great effort to reduce the English common law to a unified and rational system. Blackstone demonstrated that the English law as a system of justice was comparable to Roman law and the civil law of the Continent. Clearly and elegantly written, the work achieved immediate renown and exerted a powerful influence on legal education in England and in America which was to last into the late nineteenth century. The book is regarded not only as a legal classic but as a literary masterpiece.

Previously available only in an expensive hardcover set, Commentaries on the Laws of England is published here in four separate volumes, each one affordably priced in a paperback edition. These works are facsimiles of the eighteenth-century first edition and are undistorted by later interpolations. Each volume deals with a particular field of law and carries with it an introduction by a leading contemporary scholar.

Introducing this fourth and final volume, Of Public Wrongs, Thomas A. Green examines Blackstone's attempt to rationalize the severity of the law with what he saw as the essentially humane inspiration of English law. Green discusses Blackstone's ideas on criminal law, criminal procedure, and sentencing.
[more]
cover of Commodity & Propriety: Competing Visions of Property in American Legal Thought, 1776-1970

Commodity & Propriety

Competing Visions of Property in American Legal Thought, 1776-1970

Gregory S. Alexander

University of Chicago Press, 1997

Most people understand property as something that is owned, a means of creating individual wealth. But in Commodity and Propriety, the first full-length history of the meaning of property, Gregory Alexander uncovers in American legal writing a competing vision of property that has existed alongside the traditional conception. Property, Alexander argues, has also been understood as proprietary, a mechanism for creating and maintaining a properly ordered society. This view of property has even operated in periods—such as the second half of the nineteenth century—when market forces seemed to dominate social and legal relationships.

In demonstrating how the understanding of property as a private basis for the public good has competed with the better-known market-oriented conception, Alexander radically rewrites the history of property, with significant implications for current political debates and recent Supreme Court decisions.
[more]
cover of Communication and Litigation: Case Studies of Famous Trials

Communication and Litigation

Case Studies of Famous Trials

Janice Schuetz

Southern Illinois University Press, 1988

Examination of seven famous trials, each concluding with an evaluation of the trial by a lawyer, judge, law professor, or communication scholar.

The Washington Post coverage of the John Hinckley case preceding the trial demonstrates the effects media may have on a trial. The Haymarket riot trial serves as an example of opening statements in a storytelling form.

By analyzing the trial of Bruno Richard Hauptmann, Schuetz and Snedaker explain direct examination according to its purpose, legal rules, ordering of witnesses, verbal and nonverbal techniques of interrogation, and tactics for introducing evidence.

The cross-examination in the Sacco-Vanzetti case shows how advocates enhance or decrease their persuasiveness by adopting communication maneuvers. Closing arguments in the Rosenberg trial took the form of a refutative story with a dual persuasive and instructional content.

The Supreme Court appeal in the Sam Sheppard case demonstrates the procedures, form, content, and style of arguments of appellate briefs. The Chicago Eight trial is an example of trial as theatre.

[more]
cover of Communities and Law: Politics and Cultures of Legal Identities

Communities and Law

Politics and Cultures of Legal Identities

Gad Barzilai

University of Michigan Press, 2005

"Relying on theories of politics, law, and society, Barzilai offers a 'critical communitarian' solution that views non-ruling communities as cultural foci of mobilization. His thoughtful analysis contributes to key theoretical discussions of the relationship between communitarianism and national minorities: feminism and religious fundamentalism. This insightful book explores the continuum of litigation to violence in the broader context of politics of identity. . . . Highly recommended."
--Choice

"A remarkable achievement."
--Malcolm Feeley, University of California, Berkeley

"A rich, subtle, and wide-ranging analysis of the complex interaction between law and culture in Israeli society."
--Pnina Lahav, Boston University School of Law

"Barzilai makes a major contribution to thinking about state-society relations, pointing researchers to the plurality of communities harboring different sorts of legal identities, consciousness, and practices."
--Joel Migdal, University of Washington


Communities and Law examines the intersection of communities, cultures, and laws in public life, asking important questions about how nonruling communities confront the law in their efforts to achieve political goals.
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cover of Compact Copyright: Quick Answers to Common Questions

Compact Copyright

Quick Answers to Common Questions

Sara R. Benson

American Library Association, 2021

Included in Choice's Top 75 Titles and Resources for Community College Libraries

Faculty, students, and colleagues come to you with copyright questions, both simple and complex. And they all want reliable answers—as fast as you can get them. With this guide, designed for ready access, you’ll be prepared to deliver. Lawyer, copyright librarian, and iSchool instructor Benson presents succinct explanations ideal for both on-the-fly reference and staff training. Copyright specialists will appreciate excerpts from the law itself alongside tools and resources for digging deeper. Practical discussions of key legal concepts, illustrated using 52 scenarios, will lead you to fast, accurate answers on a range of topics, such as

  • barriers to using the TEACH Act provisions in content for online teaching;
  • showing a full-length movie in a university class;
  • public domain and the 1998 Sonny Bono Copyright Term Extension Act;
  • your legal options when receiving a DMCA take-down notice;
  • court interpretations of fair use in three key recent cases;
  • Creative Commons licenses, complete with a quick reference chart;
  • library rights to license photographs in a digital collection;
  • using letters under copyright in a special collections display case;
  • a grad student’s right to use in a thesis writing published in their professor’s journal article;
  • applying the implied license option to post historical student dissertations in institutional repositories;
  • the Marrakesh Treaty provision supporting transfer of accessible works internationally; and
  • limiting factors for interlibrary loan.
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