Results by title

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

cover of Corporal Rhetoric: Regulating Reproduction in the Progressive Era

Corporal Rhetoric

Regulating Reproduction in the Progressive Era

Barbara Schneider

University of Alabama Press, 2021

Examines public discourse from the Progressive Era over the state’s right to regulate women’s bodies and their reproduction

When Justice Oliver Wendell Holmes determined in 1927 that sterilization was a legitimate means of safeguarding the nation’s health, he was asserting the state’s right to regulate the production of the national body. His opinion represented a culmination of arguments about reproduction and immigration that had been circulating for years but that intensified during the Progressive Era. Arguments about reproductive and immigration practices surged to the foreground, and tectonic shifts in the conceptual schemes and practices of reproduction in the United States followed.

Drawing on feminist historiography and genre studies, Corporal Rhetoric: Regulating Reproduction in the Progressive Era explores the rhetoric of medical research, new technologies, and material practices that shifted the idea of childbirth as an act of God or Nature to a medical procedure enacted by male physicians on the bodies of women made passive by both drugs and discourse. Barbara Schneider considers how efficiency, the hallmark of scientific management, was raised to a cardinal virtue by its inclusions in the powerful mediums of presidential speeches, national educational policies, and eugenics discourse to reclassify babies, long regarded as gifts, as either valuable assets or defective products.

Schneider shows how the legal system drew upon medicine, scientific management, and the emerging discipline of sociology to restrict women’s labor in order to preserve reproductive capacity, categorized by Supreme Court opinions as a public good rather than a private capacity. Throughout, she ties the arguments developed during this era to current debates about mothering rhetorics, reproductive rights, immigration, and conceptions of the nation.

By weaving together medical research reports, clinical practices, case studies, legal opinions and legislative acts, and the epistemology of scientific management, Schneider illuminates the network that women such as Margaret Sanger, Jane Addams, Lillian Gilbreth and multiple others negotiated as they sought to give women room to exercise their reproductive capacity. Through her analysis of the machinery of these discourses and the material uptake of their genres in the daily practices of reproductive bodies, Schneider offers a provisional theory of corporal rhetoric that begins to answer the call for a new material theory of the body.

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cover of Corporate Bodies and Guilty Minds: The Failure of Corporate Criminal Liability

Corporate Bodies and Guilty Minds

The Failure of Corporate Criminal Liability

William S. Laufer

University of Chicago Press, 2006

We live in an era defined by corporate greed and malfeasance—one in which unprecedented accounting frauds and failures of compliance run rampant. In order to calm investor fears, revive perceptions of legitimacy in markets, and demonstrate the resolve of state and federal regulators, a host of reforms, high-profile investigations, and symbolic prosecutions have been conducted in response. But are they enough?

In this timely work, William S. Laufer argues that even with recent legal reforms, corporate criminal law continues to be ineffective. As evidence, Laufer considers the failure of courts and legislatures to fashion liability rules that fairly attribute blame for organizations. He analyzes the games that corporations play to deflect criminal responsibility. And he also demonstrates how the exchange of cooperation for prosecutorial leniency and amnesty belies true law enforcement. But none of these factors, according to Laufer, trumps the fact that there is no single constituency or interest group that strongly and consistently advocates the importance and priority of corporate criminal liability. In the absence of a new standard of corporate liability, the power of regulators to keep corporate abuses in check will remain insufficient.
           
A necessary corrective to our current climate of graft and greed, Corporate Bodies and Guilty Minds will be essential to policymakers and legal minds alike.
 
“[This] timely work offers a dispassionate analysis of problems relating to corporate crime.”—Harvard Law Review
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cover of Corporate Social Responsibility?: Human Rights in the New Global Economy

Corporate Social Responsibility?

Human Rights in the New Global Economy

Edited by Charlotte Walker-Said and John D. Kelly

University of Chicago Press, 2015

With this book, Charlotte Walker-Said and John D. Kelly have assembled an essential toolkit to better understand how the notoriously ambiguous concept of corporate social responsibility (CSR) functions in practice within different disciplines and settings. Bringing together cutting-edge scholarship from leading figures in human rights programs around the United States, they vigorously engage some of the major political questions of our age: what is CSR, and how might it render positive political change in the real world?
           
The book examines the diverse approaches to CSR, with a particular focus on how those approaches are siloed within discrete disciplines such as business, law, the social sciences, and human rights. Bridging these disciplines and addressing and critiquing all the conceptual domains of CSR, the book also explores how CSR silos develop as a function of the competition between different interests. Ultimately, the contributors show that CSR actions across all arenas of power are interdependent, continually in dialogue, and mutually constituted. Organizing a diverse range of viewpoints, this book offers a much-needed synthesis of a crucial element of today’s globalized world and asks how businesses can, through their actions, make it better for everyone. 
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cover of Corporate Sovereignty: Law and Government under Capitalism

Corporate Sovereignty

Law and Government under Capitalism

Joshua Barkan

University of Minnesota Press, 2013

Refinery explosions. Accounting scandals. Bank meltdowns. All of these catastrophes—and many more—might rightfully be blamed on corporations. In response, advocates have suggested reforms ranging from increased government regulation to corporate codes of conduct to stop corporate abuses. Joshua Barkan writes that these reactions, which view law as a limit on corporations, misunderstand the role of law in fostering corporate power.

In Corporate Sovereignty, Barkan argues that corporate power should be rethought as a mode of political sovereignty. Rather than treating the economic power of corporations as a threat to the political sovereignty of states, Barkan shows that the two are ontologically linked. Situating analysis of U.S., British, and international corporate law alongside careful readings in political and social theory, he demonstrates that the Anglo-American corporation and modern political sovereignty are founded in and bound together through a principle of legally sanctioned immunity from law. The problems that corporate-led globalization present for governments result not from regulatory failures as much as from corporate immunity that is being exported across the globe.

For Barkan, there is a paradox in that corporations, which are legal creations, are given such power that they undermine the sovereignty of states. He notes that while the relationship between states and corporations may appear adversarial, it is in fact a kind of doubling in which state sovereignty and corporate power are both conjoined and in conflict. Our refusal to grapple with the peculiar nature of this doubling means that some of our best efforts to control corporations unwittingly reinvest the sovereign powers they oppose.

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cover of Correctional

Correctional

Ravi Shankar

University of Wisconsin Press, 2021

The first time Ravi Shankar was arrested, he spoke out against racist policing on National Public Radio and successfully sued the city of New York. The second time, he was incarcerated when his promotion to full professor was finalized. During his ninety-day pretrial confinement at the Hartford Correctional Center—a level 4, high-security urban jail in Connecticut—he met men who shared harrowing and heart-felt stories. The experience taught him about the persistence of structural racism, the limitations of mass media, and the pervasive traumas of twenty-first-century daily life.
 
Shankar’s bold and complex self-portrait—and portrait of America—challenges us to rethink our complicity in the criminal justice system and mental health policies that perpetuate inequity and harm. Correctional dives into the inner workings of his mind and heart, framing his unexpected encounters with law and order through the lenses of race, class, privilege, and his bicultural upbringing as the first and only son of South Indian immigrants. Vignettes from his early life set the scene for his spectacular fall and subsequent struggle to come to terms with his own demons. Many of them, it turns out, are also our own.
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cover of Correspondence of Jeremy Bentham Volume 5: January 1794 to December 1797

Correspondence of Jeremy Bentham Volume 5

January 1794 to December 1797

Jeremy Bentham, edited by Alexander Taylor Milne, and series edited by J.H. Burns

University College London, 2017

The first five volumes of the Correspondence of Jeremy Bentham contain more than 1,300 letters written to and from Bentham over fifty years, beginning in 1752 at the age of three and ending in 1797 with correspondence concerning his attempts to set up a national plan for the provision of poor relief. The letters in Volume 1 (1752-1776) document his difficult relationship with his father—Bentham lost five infant siblings and his mother—and his increasing attachment to his surviving brother, Samuel. We also see an early glimpse of Bentham’s education, as he committed himself to philosophy and legal reform. The exchanges in Volume 2 (1777-1780) cover a major event: a trip by Samuel to Russia. This volume also reveals Bentham working intensively on the development of a code of penal law, enhancing his reputation as a legal thinker. Volume 3 (1781-1788) shows that despite developing a host of original ideas, Bentham actually published little during this time. Nevertheless, this volume also reveals how the foundations were being laid for the rise of Benthamite utilitarianism. The letters in Volume 4 (1788-1793) coincide with the publication of An Introduction to the Principles of Morals and Legislation, which had little impact at the time. In 1791 he published The Panopticon: or, The Inspection-House, which he proposed the building of a circular penitentiary house. Bentham’s letters unfold against the backdrop of the French Revolution and show that his initial sympathy for France began to turn into hostility. Bentham’s life during the years in Volume 5 (1794-1797) was dominated by the panopticon, both as a prison and as an indigent workhouse. The letters in this volume document in great detail Bentham’s attempt to build a panopticon prison in London, and the opposition he faced from local aristocratic landowners. 
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cover of Correspondence of Jeremy Bentham, Volume 13: July 1828 to June 1832

Correspondence of Jeremy Bentham, Volume 13

July 1828 to June 1832

Edited by Philip Schofield, Tim Causer, and Chris Riley

University College London, 2024

A comprehensive collection of letters exchanged by Bentham with notable figures worldwide from 1828 until his death in 1832.

The Correspondence of Jeremy Bentham, Volume 13 contains authoritative and fully annotated texts of all known and publishable letters sent both to and from Bentham between 1st July 1828 and his death on 6th June 1832. In addition to 474 letters, the volume contains three memorandums concerning Bentham’s health shortly before his death, his last will and testament, and extracts from both the autobiography and the manuscript diaries of Bentham’s nephew George. Among the letters that have already been published, most are drawn from the edition of The Works of Jeremy Bentham, prepared under the superintendence of Bentham’s literary executor John Bowring. A small number of letters have been reproduced from newspapers and periodicals.

This volume publishes, for the first time, the entire extant correspondence between Bentham and Daniel O’Connell, the Irish Liberator. Other new acquaintances include the barrister and law reformer, Charles Sinclair Cullen, and the Real Property Commissioner, John Tyrrell. Throughout the period, Bentham maintained regular contact with old friends and connections, but he also engaged in sporadic correspondence with such leading figures in government as the Duke of Wellington, Robert Peel, and Henry Brougham. Further afield, Bentham corresponded, amongst others, with the Marquis de La Fayette in France, Edward Livingston in the United States of America, and José Del Valle in Guatemala.
 
[more]
cover of Correspondence of Jeremy Bentham, Volume 1: 1752 to 1776

Correspondence of Jeremy Bentham, Volume 1

1752 to 1776

Jeremy Bentham, edited by Timothy L. S. Sprigge, and series edited by J.H. Burns

University College London, 2017

The first five volumes of the Correspondence of Jeremy Bentham contain more than 1,300 letters written to and from Bentham over fifty years, beginning in 1752 at the age of three and ending in 1797 with correspondence concerning his attempts to set up a national plan for the provision of poor relief. The letters in Volume 1 (1752-1776) document his difficult relationship with his father—Bentham lost five infant siblings and his mother—and his increasing attachment to his surviving brother, Samuel. We also see an early glimpse of Bentham’s education, as he committed himself to philosophy and legal reform. The exchanges in Volume 2 (1777-1780) cover a major event: a trip by Samuel to Russia. This volume also reveals Bentham working intensively on the development of a code of penal law, enhancing his reputation as a legal thinker. Volume 3 (1781-1788) shows that despite developing a host of original ideas, Bentham actually published little during this time. Nevertheless, this volume also reveals how the foundations were being laid for the rise of Benthamite utilitarianism. The letters in Volume 4 (1788-1793) coincide with the publication of An Introduction to the Principles of Morals and Legislation, which had little impact at the time. In 1791 he published The Panopticon: or, The Inspection-House, which he proposed the building of a circular penitentiary house. Bentham’s letters unfold against the backdrop of the French Revolution and show that his initial sympathy for France began to turn into hostility. Bentham’s life during the years in Volume 5 (1794-1797) was dominated by the panopticon, both as a prison and as an indigent workhouse. The letters in this volume document in great detail Bentham’s attempt to build a panopticon prison in London, and the opposition he faced from local aristocratic landowners. 
[more]
cover of Correspondence of Jeremy Bentham, Volume 2: 1777 to 1780

Correspondence of Jeremy Bentham, Volume 2

1777 to 1780

Jeremy Bentham, edited by Timothy L. S. Sprigge, and series edited by J.H. Burns

University College London, 2017

The first five volumes of the Correspondence of Jeremy Bentham contain more than 1,300 letters written to and from Bentham over fifty years, beginning in 1752 at the age of three and ending in 1797 with correspondence concerning his attempts to set up a national plan for the provision of poor relief. The letters in Volume 1 (1752-1776) document his difficult relationship with his father—Bentham lost five infant siblings and his mother—and his increasing attachment to his surviving brother, Samuel. We also see an early glimpse of Bentham’s education, as he committed himself to philosophy and legal reform. The exchanges in Volume 2 (1777-1780) cover a major event: a trip by Samuel to Russia. This volume also reveals Bentham working intensively on the development of a code of penal law, enhancing his reputation as a legal thinker. Volume 3 (1781-1788) shows that despite developing a host of original ideas, Bentham actually published little during this time. Nevertheless, this volume also reveals how the foundations were being laid for the rise of Benthamite utilitarianism. The letters in Volume 4 (1788-1793) coincide with the publication of An Introduction to the Principles of Morals and Legislation, which had little impact at the time. In 1791 he published The Panopticon: or, The Inspection-House, which he proposed the building of a circular penitentiary house. Bentham’s letters unfold against the backdrop of the French Revolution and show that his initial sympathy for France began to turn into hostility. Bentham’s life during the years in Volume 5 (1794-1797) was dominated by the panopticon, both as a prison and as an indigent workhouse. The letters in this volume document in great detail Bentham’s attempt to build a panopticon prison in London, and the opposition he faced from local aristocratic landowners. 
[more]
cover of Correspondence of Jeremy Bentham, Volume 3: January 1781 to October 1788

Correspondence of Jeremy Bentham, Volume 3

January 1781 to October 1788

Jeremy Bentham, edited by Ian R. Christie, and series edited by J.H. Burns

University College London, 2017

The first five volumes of the Correspondence of Jeremy Bentham contain more than 1,300 letters written to and from Bentham over fifty years, beginning in 1752 at the age of three and ending in 1797 with correspondence concerning his attempts to set up a national plan for the provision of poor relief. The letters in Volume 1 (1752-1776) document his difficult relationship with his father—Bentham lost five infant siblings and his mother—and his increasing attachment to his surviving brother, Samuel. We also see an early glimpse of Bentham’s education, as he committed himself to philosophy and legal reform. The exchanges in Volume 2 (1777-1780) cover a major event: a trip by Samuel to Russia. This volume also reveals Bentham working intensively on the development of a code of penal law, enhancing his reputation as a legal thinker. Volume 3 (1781-1788) shows that despite developing a host of original ideas, Bentham actually published little during this time. Nevertheless, this volume also reveals how the foundations were being laid for the rise of Benthamite utilitarianism. The letters in Volume 4 (1788-1793) coincide with the publication of An Introduction to the Principles of Morals and Legislation, which had little impact at the time. In 1791 he published The Panopticon: or, The Inspection-House, which he proposed the building of a circular penitentiary house. Bentham’s letters unfold against the backdrop of the French Revolution and show that his initial sympathy for France began to turn into hostility. Bentham’s life during the years in Volume 5 (1794-1797) was dominated by the panopticon, both as a prison and as an indigent workhouse. The letters in this volume document in great detail Bentham’s attempt to build a panopticon prison in London, and the opposition he faced from local aristocratic landowners. 
[more]
cover of Correspondence of Jeremy Bentham, Volume 4: October 1788 to December 1793

Correspondence of Jeremy Bentham, Volume 4

October 1788 to December 1793

Jeremy Bentham, edited by Alexander Taylor Milne, and general editor John R. Dinwiddy

University College London, 2017

The first five volumes of the Correspondence of Jeremy Bentham contain more than 1,300 letters written to and from Bentham over fifty years, beginning in 1752 at the age of three and ending in 1797 with correspondence concerning his attempts to set up a national plan for the provision of poor relief. The letters in Volume 1 (1752-1776) document his difficult relationship with his father—Bentham lost five infant siblings and his mother—and his increasing attachment to his surviving brother, Samuel. We also see an early glimpse of Bentham’s education, as he committed himself to philosophy and legal reform. The exchanges in Volume 2 (1777-1780) cover a major event: a trip by Samuel to Russia. This volume also reveals Bentham working intensively on the development of a code of penal law, enhancing his reputation as a legal thinker. Volume 3 (1781-1788) shows that despite developing a host of original ideas, Bentham actually published little during this time. Nevertheless, this volume also reveals how the foundations were being laid for the rise of Benthamite utilitarianism. The letters in Volume 4 (1788-1793) coincide with the publication of An Introduction to the Principles of Morals and Legislation, which had little impact at the time. In 1791 he published The Panopticon: or, The Inspection-House, in which he proposed the building of a circular penitentiary house. Bentham’s letters unfold against the backdrop of the French Revolution and show that his initial sympathy for France began to turn into hostility. Bentham’s life during the years in Volume 5 (1794-1797) was dominated by the panopticon, both as a prison and as an indigent workhouse. The letters in this volume document in great detail Bentham’s attempt to build a panopticon prison in London, and the opposition he faced from local aristocratic landowners. 
[more]
cover of Corruption in Corporate Culture, Volume 21

Corruption in Corporate Culture, Volume 21

Randy Martin and Ella Shohat, eds.

Duke University Press, 0

Corruption in Corporate Culture argues that there has been a serious breakdown in the systems designed to ensure fair dealing in the self-governing and self-policing worlds of U.S. business and finance. Contending that a war of containment has been launched to conceal both the repercussions of corporate corruption and government complicity in it, this special issue of Social Text evaluates these problems on a systemic level, as well as focusing on immediate cases.

Addressing several recent high-profile scandals, contributors examine both the short- and the long-term ramifications of corporate corruption: the means by which Martha Stewart has been used as an icon and a scapegoat in the ImClone case while broader critical issues have failed to receive the attention they demand; the divisive ways in which the antifeminist Independent Women’s Forum—along with other neocon organizations and pundits—has moved the debate regarding the deregulation of the financial services sector far to the right of the far right; the collapse of Enron and what it means for corporate governance; the global implications of U.S. corporate corruption; the confusion over public and private business transactions in Argentina; the moral panic ensuing from the random violence caused by the Washington, D.C. area snipers precisely as the U.S. was launching a war on Iraq because of its supposed weapons of mass destruction; and the emergence of a new business model and icon, the hiphop mogul.

Contributors. Peter Bratsis, David M. Brennan, Jane Marcus-Delgado, Randy Martin, Nancy Shaw, Ella Shohat, Christopher Holmes Smith, Barbara Spindel, Susan Willis

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cover of Cost-Benefit Analysis: Economic, Philosophical, and Legal Perspectives

Cost-Benefit Analysis

Economic, Philosophical, and Legal Perspectives

Edited by Matthew D. Adler and Eric A. Posner

University of Chicago Press, 2001

Cost-benefit analysis is a widely used governmental evaluation tool, though academics remain skeptical. This volume gathers prominent contributors from law, economics, and philosophy for discussion of cost-benefit analysis, specifically its moral foundations, applications and limitations.

This new scholarly debate includes not only economists, but also contributors from philosophy, cognitive psychology, legal studies, and public policy who can further illuminate the justification and moral implications of this method and specify alternative measures.

These articles originally appeared in the Journal of Legal Studies.

Contributors:
- Matthew D. Adler - Gary S. Becker
- John Broome - Robert H. Frank
- Robert W. Hahn - Lewis A. Kornhauser
- Martha C. Nussbaum - Eric A. Posner
- Richard A. Posner - Henry S. Richardson
- Amartya Sen - Cass R. Sunstein
- W. Kip Viscusi
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cover of Court of Last Resort: Mental Illness and the Law

Court of Last Resort

Mental Illness and the Law

Carol A. B. Warren

University of Chicago Press, 1982

The Court of Last Resort looks at decision making in a mental-health court and at the dilemmas of treating mental illness while protecting patients' legal rights. Carol Warren spent seven years studying hearings in a large California court where people who had been involuntarily committed to institutions for psychiatric treatment could petition for their release. In this book she confronts questions of whether mental illness is real or only a label for societal control, whether the government should be involved in committing the deviant to institutions, and how the interaction of judges, psychiatrists, families, police, and other individuals and agencies affect the court's administration of mental-health law. Though the cases in this book fall under California's Lanterman-Petris-Short Act, Warren's analysis of conflicts between legal and medical models of behavior is of national and international importance both to sociologists and to the many professionals who work at the juncture of mental health and the law.

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cover of Court of Remorse: Inside the International Criminal Tribunal for Rwanda

Court of Remorse

Inside the International Criminal Tribunal for Rwanda

Thierry Cruvellier

University of Wisconsin Press, 2010

When genocidal violence gripped Rwanda in 1994, the international community recoiled, hastily withdrawing its peacekeepers. Late that year, in an effort to redeem itself, the United Nations Security Council created the International Criminal Tribunal for Rwanda to seek accountability for some of the worst atrocities since World War II: the genocide suffered by the Tutsi and crimes against humanity suffered by the Hutu. But faced with competing claims, the prosecution focused exclusively on the crimes of Hutu extremists. No charges would be brought against the Tutsi-led Rwandan Patriotic Front, which ultimately won control of the country. The UN, as if racked by guilt for its past inaction, gave in to pressure by Rwanda’s new leadership. With the Hutu effectively silenced, and the RPF constantly reminding the international community of its failure to protect the Tutsi during the war, the Tribunal pursued an unusual form of one-sided justice, born out of contrition.  
    Fascinated by the Tribunal’s rich complexities, journalist Thierry Cruvellier came back day after day to watch the proceedings, spending more time there than any other outside observer. Gradually he gained the confidence of the victims, defendants, lawyers, and judges. Drawing on interviews with these protagonists and his close observations of their interactions, Cruvellier takes readers inside the courtroom to witness the motivations, mechanisms, and manipulations of justice as it unfolded on the stage of high-stakes, global politics. It is this ground-level view that makes his account so valuable—and so absorbing. A must-read for those who want to understand the dynamics of international criminal tribunals, Court of Remorse reveals both the possibilities and the challenges of prosecuting human rights violations.
 
 
A Choice Outstanding Academic Book

Best Books for General Audiences, selected by the American Association for School Libraries and the Public Library Association

Best Books for High Schools, selected by the American Association for School Libraries
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cover of Courting Failure: How Competition for Big Cases Is Corrupting the Bankruptcy Courts

Courting Failure

How Competition for Big Cases Is Corrupting the Bankruptcy Courts

Lynn Lopucki

University of Michigan Press, 2006

LoPucki's provocative critique of Chapter 11 is required reading for everyone who cares about bankruptcy reform. This empirical account of large Chapter 11 cases will trigger intense debate both inside the academy and on the floor of Congress. Confronting LoPucki's controversial thesis-that competition between bankruptcy judges is corrupting them-is the most pressing challenge now facing any defender of the status quo."
-Douglas Baird, University of Chicago Law School

"This book is smart, shocking and funny. This story has everything-professional greed, wrecked companies, and embarrassed judges. Insiders are already buzzing."
-Elizabeth Warren, Leo Gottlieb Professor of Law, Harvard Law School

"LoPucki provides a scathing attack on reorganization practice. Courting Failure recounts how lawyers, managers and judges have transformed Chapter 11. It uses empirical data to explore how the interests of the various participants have combined to create a system markedly different from the one envisioned by Congress. LoPucki not only questions the wisdom of these changes but also the free market ideology that supports much of the general regulation of the corporate sector."
-Robert Rasmussen, University of Chicago Law School

A sobering chronicle of our broken bankruptcy-court system, Courting Failure exposes yet another American institution corrupted by greed, avarice, and the thirst for power.

Lynn LoPucki's eye-opening account of the widespread and systematic decay of America's bankruptcy courts is a blockbuster story that has yet to be reported in the media. LoPucki reveals the profound corruption in the U.S. bankruptcy system and how this breakdown has directly led to the major corporate failures of the last decade, including Enron, MCI, WorldCom, and Global Crossing.

LoPucki, one of the nation's leading experts on bankruptcy law, offers a clear and compelling picture of the destructive power of "forum shopping," in which corporations choose courts that offer the most favorable outcome for bankruptcy litigation. The courts, lured by big money and prestige, streamline their requirements and lower their standards to compete for these lucrative cases. The result has been a series of increasingly shoddy reorganizations of major American corporations, proposed by greedy corporate executives and authorized by case-hungry judges.
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cover of Courting Justice: Ten New Jersey Cases That Shook the Nation

Courting Justice

Ten New Jersey Cases That Shook the Nation

Edited by Paul L. Tractenberg with a Foreword by Deborah T. Poritz

Rutgers University Press, 2013

Since 1947 a modernized New Jersey Supreme Court has played an important and controversial role in the state, nation, and world.  Its decisions in cutting-edge cases have confronted society’s toughest issues, reflecting changing social attitudes, modern life’s complexities, and new technologies.

Paul Tractenberg has selected ten of the court’s landmark decisions between 1960 and 2011 to illustrate its extensive involvement in major public issues, and to assess its impact. Each case chapter is authored by a distinguished academic or professional expert, several of whom were deeply involved in the cases’ litigation, enabling them to provide special insights. An overview chapter provides context for the court’s distinctive activity.

Many of the cases are so widely known that they have become part of the national conversation about law and policy. In the Karen Ann Quinlan decision, the court determined the right of privacy extends to refusing life-sustaining treatment. The Baby M case reined in surrogate parenting and focused on the child’s best interests. In the Mount Laurel decision, the court sought to increase affordable housing for low- and moderate-income residents throughout the state. The Megan’s Law case upheld legal regulation of sex offender community notification. A series of decisions known as Abbott/Robinson required the state to fund poor urban school districts at least on par with suburban districts.

Other less well known cases still have great public importance. Henningsen v. Bloomfield Motors reshaped product liability and tort law to protect consumers injured by defective cars; State v. Hunt shielded privacy rights from unwarranted searches beyond federal standards; Lehmann v. Toys ‘R’ Us protected employees from sexual harassment and a hostile work environment; Right to Choose v. Byrne expanded state constitutional abortion rights beyond the federal constitution; and Marini v. Ireland protected low-income tenants against removal from their homes.   

For some observers, the New Jersey Supreme Court represents the worst of judicial activism; others laud it for being, in its words, “the designated last-resort guarantor of the Constitution's command.” For Tractenberg, the court’s activism means it tends to find for the less powerful over the more powerful and for the public good against private interests, an approach he applauds.
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cover of Courting the Abyss: Free Speech and the Liberal Tradition

Courting the Abyss

Free Speech and the Liberal Tradition

John Durham Peters

University of Chicago Press, 2005

Courting the Abyss updates the philosophy of free expression for a world that is very different from the one in which it originated. The notion that a free society should allow Klansmen, neo-Nazis, sundry extremists, and pornographers to spread their doctrines as freely as everyone else has come increasingly under fire. At the same time, in the wake of 9/11, the Right and the Left continue to wage war over the utility of an absolute vision of free speech in a time of increased national security. Courting the Abyss revisits the tangled history of free speech, finding resolutions to these debates hidden at the very roots of the liberal tradition.

A mesmerizing account of the role of public communication in the Anglo-American world, Courting the Abyss shows that liberty's earliest advocates recognized its fraternal relationship with wickedness and evil. While we understand freedom of expression to mean "anything goes," John Durham Peters asks why its advocates so often celebrate a sojourn in hell and the overcoming of suffering. He directs us to such well-known sources as the prose and poetry of John Milton and the political and philosophical theory of John Locke, Adam Smith, John Stuart Mill, and Oliver Wendell Holmes Jr., as well as lesser-known sources such as the theology of Paul of Tarsus. In various ways they all, he shows, envisioned an attitude of self-mastery or self-transcendence as a response to the inevitable dangers of free speech, a troubled legacy that continues to inform ruling norms about knowledge, ethical responsibility, and democracy today.

A world of gigabytes, undiminished religious passion, and relentless scientific discovery calls for a fresh account of liberty that recognizes its risk and its splendor. Instead of celebrating noxious doctrine as proof of society's robustness, Courting the Abyss invites us to rethink public communication today by looking more deeply into the unfathomable mystery of liberty and evil.
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cover of Courting the Community: Legitimacy and Punishment in a Community Court

Courting the Community

Legitimacy and Punishment in a Community Court

Christine Zozula

Temple University Press, 2019

Community Courts are designed to handle a city’s low-level offenses and quality-of-life crimes, such as littering, loitering, or public drunkenness. Court advocates maintain that these largely victimless crimes jeopardize the well-being of residents, businesses, and visitors. Whereas traditional courts might dismiss such cases or administer a small fine, community courts aim to meaningfully punish offenders to avoid disorder escalating to apocalyptic decline.  

Courting the Community is a fascinating ethnography that goes behind the scenes to explore how quality-of-life discourses are translated into court practices that marry therapeutic and rehabilitative ideas. Christine Zozula shows how residents and businesses participate in meting out justice—such as through community service, treatment, or other sanctions—making it more emotional, less detached, and more legitimate in the eyes of stakeholders. She also examines both “impact panels,” in which offenders, residents, and business owners meet to discuss how quality-of-life crimes negatively impact the neighborhood, as well as strategic neighborhood outreach efforts to update residents on cases and gauge their concerns.

Zozula’s nuanced investigation of community courts can lead us to a deeper understanding of punishment and rehabilitation and, by extension, the current state of the American court system.

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cover of Courts and Bureaucracies: Renewing the Rule of Law in Our Times

Courts and Bureaucracies

Renewing the Rule of Law in Our Times

Robert P. Burns

University of Chicago Press, 2027

A novel meditation on how courts and bureaucracies function today and how they can be made better.

We live in a highly bureaucratic society, so much so that we often don’t even see it. Although we think of bureaucracies and courtrooms as different kinds of institutions, as Robert P. Burns argues in Courts and Bureaucracies, their functions and everyday operations often blur together. Today, courts are being used to address numerous social problems that the government is unable or unwilling to tackle, and consequently, the courts frequently emphasize bureaucratic goals—such as efficiency and social control—over the adjudicatory functions that they are supposed to embody.

Drawing on social theory, philosophy, public administration, and law, Burns clarifies the role of courts in today’s bureaucratic society and considers the distinctive contributions that specifically legal procedures can bring. After exploring the competing first principles of adjudication, Burns then examines our current administrative, civil, and criminal processes and describes new and looming changes to rules and practices that should affect our thinking about the rule of law and the role of the courts.

A broad reassessment—both philosophical and practical—of how criminal, civil, and administrative practices differ from one another and what benefits each bestows, Courts and Bureaucracies offers concrete suggestions for how we can better achieve the ideals already implicit in our judicial traditions and practices.

[more]
cover of Courts and Kids: Pursuing Educational Equity through the State Courts

Courts and Kids

Pursuing Educational Equity through the State Courts

Michael A. Rebell

University of Chicago Press, 2009

Over the past thirty-five years, federal courts have dramatically retreated from actively promoting school desegregation. In the meantime, state courts have taken up the mantle of promoting the vision of educational equity originally articulated in Brown v. Board of Education. Courts and Kids is the first detailed analysis of why the state courts have taken on this active role and how successful their efforts have been.

Since 1973, litigants have challenged the constitutionality of education finance systems in forty-five states on the grounds that they deprive many poor and minority students of adequate access to a sound education. While the plaintiffs have won in the majority of these cases, the decisions are often branded “judicial activism”—a stigma that has reduced their impact. To counter the charge, Michael A. Rebell persuasively defends the courts’ authority and responsibility to pursue the goal of educational equity. He envisions their ideal role as supervisory, and in Courts and Kids he offers innovative recommendations on how the courts can collaborate with the executive and legislative branches to create a truly democratic educational system.

[more]
cover of Courts, Jurisdictions, and Law in John Milton and His Contemporaries

Courts, Jurisdictions, and Law in John Milton and His Contemporaries

Alison A. Chapman

University of Chicago Press, 2020

John Milton is widely known as the poet of liberty and freedom. But his commitment to justice has been often overlooked. As Alison A. Chapman shows, Milton’s many prose works are saturated in legal ways of thinking, and he also actively shifts between citing Roman, common, and ecclesiastical law to best suit his purpose in any given text. This book provides literary scholars with a working knowledge of the multiple, jostling, real-world legal systems in conflict in seventeenth-century England and brings to light Milton’s use of the various legal systems and vocabularies of the time—natural versus positive law, for example—and the differences between them.

Surveying Milton’s early pamphlets, divorce tracts, late political tracts, and major prose works in comparison with the writings and cases of some of Milton’s contemporaries—including George Herbert, John Donne, Ben Jonson, and John Bunyan—Chapman reveals the variety and nuance in Milton’s juridical toolkit and his subtle use of competing legal traditions in pursuit of justice.
 
[more]
cover of Courts: A Comparative and Political Analysis

Courts

A Comparative and Political Analysis

Martin Shapiro

University of Chicago Press, 1981

In this provocative work, Martin Shapiro proposes an original model for the study of courts, one that emphasizes the different modes of decision making and the multiple political roles that characterize the functioning of courts in different political systems.
[more]
cover of Crainte de Dieu, Sagesse et Loi: Aspects théologiques à partir de Si 10,19-11,6

Crainte de Dieu, Sagesse et Loi

Aspects théologiques à partir de Si 10,19-11,6

Katharina Lentz

SBL Press, 2020

Peu d'études spécifiques ont été consacrées à Ben Sira 10,19-11,6. Lentz examine le texte en hébreu, grec, syriaque et latin, en essayant d'identifier les différences majeures entre ces versions et leurs orientations fondamentales respectives. Dans cette péricope, elle révèle trois thèmes importants: la crainte de Dieu, la sagesse et la loi. En prenant comme point de départ le thème de la crainte de Dieu dans le Deutéronome, les Psaumes et les Proverbes, Job et Qoheleth en plus de Ben Sira, Lentz examine la relation de ce thème avec la sagesse et la loi. La relation étroite entre la crainte de Dieu, la sagesse et la loi devrait inciter les spécialistes à se demander si celles-ci ne représentent pas trois aspects de la même réalité.

Few specific studies have been devoted to Ben Sira 10:19-11:6. Lentz examines the text in Hebrew, Greek, Syriac, and Latin, trying to identify the major differences between these versions and their respective fundamental orientations. In this pericope she reveals three important themes: the fear of God, wisdom, and the law. Taking as a point of departure the theme of the fear of God in Deuteronomy, Psalms, and Proverbs, Job, and Qoheleth, in addition to Ben Sira, Lentz examines the relationship of this theme with wisdom and the law. The close relationship between the fear of God, wisdom, and the law should lead scholars to ask if these do not represent three aspects of the same reality.

[more]
cover of Creative License: The Law and Culture of Digital Sampling

Creative License

The Law and Culture of Digital Sampling

Kembrew McLeod and Peter DiCola

Duke University Press, 2011

How did the Depression-era folk-song collector Alan Lomax end up with a songwriting credit on Jay-Z’s song “Takeover”? Why doesn’t Clyde Stubblefield, the primary drummer on James Brown recordings from the late 1960s such as “Funky Drummer” and “Cold Sweat,” get paid for other musicians’ frequent use of the beats he performed on those songs? The music industry’s approach to digital sampling—the act of incorporating snippets of existing recordings into new ones—holds the answers. Exploring the complexities and contradictions in how samples are licensed, Kembrew McLeod and Peter DiCola interviewed more than 100 musicians, managers, lawyers, industry professionals, journalists, and scholars. Based on those interviews, Creative License puts digital sampling into historical, cultural, and legal context. It describes hip-hop during its sample-heavy golden age in the 1980s and early 1990s, the lawsuits that shaped U.S. copyright law on sampling, and the labyrinthine licensing process that musicians must now navigate. The authors argue that the current system for licensing samples is inefficient and limits creativity. For instance, by estimating the present-day licensing fees for the Beastie Boys’ Paul’s Boutique (1989) and Public Enemy’s Fear of a Black Planet (1990), two albums from hip-hop’s golden age, the authors show that neither album could be released commercially today. Observing that the same dynamics that create problems for remixers now reverberate throughout all culture industries, the authors conclude by examining ideas for reform.

Interviewees include David Byrne, Cee Lo Green, George Clinton, De La Soul, DJ Premier, DJ Qbert, Eclectic Method, El-P, Girl Talk, Matmos, Mix Master Mike, Negativland, Public Enemy, RZA, Clyde Stubblefield, T.S. Monk.

[more]
cover of Creativity and Its Discontents: China's Creative Industries and Intellectual Property Rights Offenses

Creativity and Its Discontents

China's Creative Industries and Intellectual Property Rights Offenses

Laikwan Pang

Duke University Press, 2012

Creativity and Its Discontents is a sharp critique of the intellectual property rights (IPR)–based creative economy, particularly as it is embraced or ignored in China. Laikwan Pang argues that the creative economy—in which creativity is an individual asset to be commodified and protected as property—is an intensification of Western modernity and capitalism at odds with key aspects of Chinese culture. Nevertheless, globalization has compelled China to undertake endeavors involving intellectual property rights. Pang examines China’s IPR-compliant industries, as well as its numerous copyright violations. She describes how China promotes intellectual property rights in projects such as the development of cultural tourism in the World Heritage city of Lijiang, the transformation of Hong Kong cinema, and the cultural branding of Beijing. Meanwhile, copyright infringement proliferates, angering international trade organizations. Pang argues that piracy and counterfeiting embody the intimate connection between creativity and copying. She points to the lack of copyright protections for Japanese anime as the motor of China's dynamic anime culture. Theorizing the relationship between knockoffs and appropriation art, Pang offers an incisive interpretation of China’s flourishing art scene. Creativity and Its Discontents is a refreshing rejoinder to uncritical celebrations of the creative economy.
[more]
cover of Crime and Justice, Volume 11: Family Violence

Crime and Justice, Volume 11

Family Violence

Edited by Lloyd Ohlin and Michael Tonry

University of Chicago Press Journals, 1990

[more]
cover of Crime and Justice, Volume 18: Beyond the Law: Crime in Complex Organizations

Crime and Justice, Volume 18

Beyond the Law: Crime in Complex Organizations

Edited by Michael Tonry and Albert J. Reiss Jr.

University of Chicago Press Journals, 1993

This collection explores structural incentives and disincentives to anti-social and unlawful behaviors and the roles of self- regulation, administrative agencies, and civil and criminal sanctions in shaping organizational behavior. Included are articles on organizational crime, the savings and loan industry, insider trading, industrial water pollution, garbage collection, and the nursing home industry.
[more]
cover of Crime and Justice, Volume 22: An Annual Review of Research

Crime and Justice, Volume 22

An Annual Review of Research

Edited by Michael Tonry

University of Chicago Press Journals, 1997

[more]
cover of Crime and Justice, Volume 23: An Annual Review of Research

Crime and Justice, Volume 23

An Annual Review of Research

Edited by Michael Tonry

University of Chicago Press Journals, 1998

Volume 23 includes articles by Daniel Nagin on deterrence; James Alan Fox and Jack Levin on serial and mass murder; Stephen J. Morse on "New Excuse" defenses; Christian Pfeiffer on youth violence in Western Europe; Roxanne Lieb, Vernon Quinsey, and Lucy Berliner on sexual psychopath laws; Rolf Loeber and Marc Le Blanc on the development of juvenile offending; and Michael Tonry on intermediate sanctions in sentencing guidelines.
[more]
cover of Crime and Justice, Volume 24: Youth Violence

Crime and Justice, Volume 24

Youth Violence

Edited by Michael Tonry and Mark H. Moore

University of Chicago Press Journals, 1998

Youth violence has become one of the most contentious and perplexing issues in current debates on crime policy, not the least because of the sharp increase in violence among young minority males since the mid-1980s.

Featuring articles by leading American and European scholars from many fields, Youth Violence provides a reliable, up-to-date, authoritative and comprehensive overview of policy issues and research developments concerning crime and violence among the young.
[more]
cover of Crime and Justice, Volume 25: An Annual Review of Research

Crime and Justice, Volume 25

An Annual Review of Research

Edited by Michael Tonry

University of Chicago Press Journals, 1999

For years this distinguished series has provided scholars and practitioners with timely, cross-disciplinary reviews of research on some of today's most pressing policy issues. Volume 25 includes articles by Jeffery A. Fagan and Richard B. Freeman on crime and work; John Braithwaite on restorative justice; Josine Junger-Tas and Ineke Haen Marshall on self-report methodology in crime research; Roger Lane on the history of murder in America; and James B. Jacobs and Lauryn P. Gouldin on Cosa Nostra.

[more]
cover of Crime and Justice, Volume 27: A Review of Research

Crime and Justice, Volume 27

A Review of Research

Edited by Michael Tonry

University of Chicago Press Journals, 2000

For twenty years, this distinguished series has provided both scholars and practitioners with timely, cross-disciplinary reviews of the best research on today's most contentious and pressing policy issues. Volume 27 includes articles by William Spelman on recent studies of prisons and crime; Brandon C. Welsh and David P. Farrington on monetary costs and benefits of crime prevention programs; Donna Bishop on juvenile offenders in the criminal justice system; Leena Kurki on restorative and community justice in the United States; Martha J. Smith and Ronald V. Clarke on crime and public transport; and Francis T. Cullen/Bonnie S. Fisher/Brandon K. Applegate on public opinion about punishment and corrections.

[more]
cover of Crime and Justice, Volume 28: A Review of Research

Crime and Justice, Volume 28

A Review of Research

Edited by Michael Tonry

University of Chicago Press Journals, 2001

The most relevant topics for today=s policy makers and academicians are presented in a manner both comprehensive and accessible. As editor, Tonry has created a careful blend of the key philosophical, theoretical, and policy-relevant issues of the day. This volume is a must for any bookshelf. —Criminal Justice Review

Volume 28 is a review of recent research on criminal justice issues, with a careful balance of research, theory, and practice.

Contributors:

John Laub and Robert J. Sampson on Desistance From Crime

Norval Morris and Leena Kurki on Supermax Prisons

Richard Harding on Private Prisons

David Boerner and Roxanne Lieb on Sentencing Reform In The Other Washington, 1975-2000

Michael A. Bellesiles on the History Of Firearms Regulation

Grant T. Harris, Tracey A. Skilling, and Marnie E. Rice on Psychopathy And Crime

Daniel Nagin on Costs And Benefits Of Crime Prevention.
[more]
cover of Crime and Justice, Volume 29: A Review of Research

Crime and Justice, Volume 29

A Review of Research

Edited by Michael Tonry

University of Chicago Press Journals, 2002

"The most relevant topics for today’s policy makers and academicians are presented in a manner both comprehensive and accessible. As editor, Tonry has created a careful blend of the key philosophical, theoretical, and policy-relevant issues of the day . . . . A must for any bookshelf."—Criminal Justice Review

Volume 29 is a review of recent research on criminal justice issues, with a careful balance of research, theory, and practice.
[more]
cover of Crime and Justice, Volume 31: Youth Crime and Youth Justice: Comparative and Cross-national Perspectives

Crime and Justice, Volume 31

Youth Crime and Youth Justice: Comparative and Cross-national Perspectives

Edited by Michael Tonry and Anthony N. Doob

University of Chicago Press Journals, 2004

Volume 31 of Crime and Justice presents a global view on youth justice systems, examining Canada, Denmark, Germany, Great Britain, the Netherlands, New Zealand, Sweden, and an aggregation of Western countries. The systems are addressed in five sections, which discuss the relevance of a separate youth justice system, age limitations, historical stability and changes, welfare concerns, and a comparative look at current laws as written and administered.

Contributors:
Hans-Jörg Albrecht
Anthony Bottoms
James Dignan
Anthony N. Doob
Carl-Gunnar Janson
Josine Junger-Tas
Britta Kyvsgaard
Allison Morris
Julian V. Roberts
Jane B. Sprott
Lode Walgrave
[more]
cover of Crime and Justice, Volume 32: A Review of Research

Crime and Justice, Volume 32

A Review of Research

Edited by Michael Tonry

University of Chicago Press Journals, 2004

Since 1979 the Crime and Justice series has presented important developments in the criminal justice system that enhance the work of sociologists, psychologists, criminal lawyers, justice scholars, and political scientists. Crime and Justice offers an interdisciplinary approach to core issues in criminology, with perspectives from biology, law, psychology, ethics, history, and sociology.

Volume 32 covers criminal justice issues, with a careful balance of research, theory, and practice. Topics in this volume include: environmental crime, the effects of wrongful imprisonment, the assessment of macro-level predictors and theories of crime, ethnic differences in intergenerational crime patterns, sentencing guidelines in Minnesota from 1978 to 2003, and the results of five decades of neutralization research.

Contributors:
Heith Copes
Francis T. Cullen
Richard S. Frase
Adrian Grounds
Shadd Maruna
Travis C. Pratt
Aaron S. Routhe
Neal Shover
David J. Smith
[more]
cover of Crime and Justice, Volume 34: A Review of Research

Crime and Justice, Volume 34

A Review of Research

Edited by Michael Tonry

University of Chicago Press Journals, 2006

Since 1979, the Crime and Justice series has presented international crime-related research to enrich the work of sociologists, psychologists, criminal lawyers, justice scholars, and political scientists. Volume 34 covers criminal justice issues with a careful balance of research, theory, and practice.It offers an interdisciplinary approach to core issues in criminology, with perspectives from biology, law, psychology, ethics, history, and sociology.
[more]
cover of Crime and Justice, Volume 35: Crime and Justice in the Netherlands

Crime and Justice, Volume 35

Crime and Justice in the Netherlands

Edited by Michael Tonry and Catrien Bijleveld

University of Chicago Press Journals, 2008

Since 1979, the Crime and Justice series has presented international crime-related research to enrich the work of sociologists, psychologists, criminal lawyers, justice scholars, and political scientists. The eleven essays in Volume 35 provide the first English-language survey of the Dutch criminal justice system, which has been the basis for many important international research initiatives, including many in the United States. Topics covered include Dutch tolerance of drugs, prostitution, and euthanasia; organized crime in the Netherlands; sex offenders and sex offending; and juvenile delinquency.
[more]
cover of Crime and Justice, Volume 36: Crime, Punishment, and Politics in Comparative Perspective

Crime and Justice, Volume 36

Crime, Punishment, and Politics in Comparative Perspective

Edited by Michael Tonry

University of Chicago Press Journals, 2008

The goal of Crime and Justice, Volume 36 is to advance the understanding of the determinants of penal policies in developed countries. The contributors explore the distinctive national differences in policy in responses to rising crime rates, rapid social change, economic dislocation and increased ethnic diversity. Countries covered include Great Britain, the Netherlands, Belgium, Canada, Japan, France, Norway and the United States.
[more]
cover of Crime and Justice, Volume 37: A Review of Research

Crime and Justice, Volume 37

A Review of Research

Edited by Michael Tonry

University of Chicago Press Journals, 2008

Since 1979 the Crime and Justice series has presented a review of the latest international research, providing expertise to enhance the work of sociologists, psychologists, criminal lawyers, justice scholars, and political scientists. The series explores a full range of issues concerning crime, its causes, and its cure. Volume 37 covers a range of criminal justice issues from the effects of parental imprisonment on children to economists and crime. Contributors to this volume are Shawn Bushway, Todd Clear, Francis T. Cullen, David P. Farrington, Tappio Lappi-Sappälä, Cheryl N. Lero-Jonson, Matthew Melewski, Joseph Murray, Joan Petersilia, Alex Piquero, Peter Reuter, Michael Tonry, James D. Unnever, and David Weisburd.
 
[more]
cover of Crime and Justice, Volume 38: A Review of Research

Crime and Justice, Volume 38

A Review of Research

Edited by Michael Tonry

University of Chicago Press Journals, 2009

Since 1979, Crime and Justice has presented an annual review of the latest international research, providing expertise to enhance the work of sociologists, psychologists, criminal lawyers, justice scholars, and political scientists. The series explores a full range of issues concerning crime, its causes, and its cure. Volume 38 covers a range of criminal justice issues, from the effects of parental imprisonment on children to economists and crime.

[more]
cover of Crime and Justice, Volume 39: A Review of Research

Crime and Justice, Volume 39

A Review of Research

Edited by Michael Tonry

University of Chicago Press Journals, 2010

Since 1979 the Crime and Justice series has presented a review of the latest international research, providing expertise to enhance the work of sociologists, psychologists, criminal lawyers, justice scholars, and political scientists. The series explores a full range of issues concerning crime, its causes, and its cure. Volume 39 covers a range of criminal justice issues, including how drug enforcement affects drug prices, the source of racial disparity in imprisonment, rape and attrition in the legal process, and sex offender recidivism. Contributors to this volume include: Brigitte Bouhours, Jonathan P. Caulkins , Aaron Chalfin, Philip J. Cook, , Kathleen Daly, Denise C. Gottfredson, David S. Kirk, John H. Laub, Stephen D. Mastrofski , Chongmin Na, Steven Raphael, Michael D. Reisig, Peter Reuter, Dirk van Zyl Smit, Keith Soothill, Michael Tonry, and James J. Willis.

[more]
cover of Crime and Justice, Volume 40: Crime and Justice in Scandinavia

Crime and Justice, Volume 40

Crime and Justice in Scandinavia

Edited by Michael Tonry and Tapio Lappi-Seppälä

University of Chicago Press Journals, 2012

Since 1979 the Crime and Justice series has presented a review of the latest international research, providing expertise to enhance the work of sociologists, psychologists, criminal lawyers, justice scholars, and political scientists. The series explores a full range of issues concerning crime, its causes, and its cure.
Volume 40, Crime and Justice in Scandinavia, offers the most comprehensive and authoritative look ever available at criminal justice policies, practices, and research in the Nordic countries. Topics range from the history of violence through juvenile delinquency, juvenile justice, and sentencing to controversial contemporary policies on prostitution, victims, and organized crime. Contributors to this volume include Jon-Gunnar Bernburg, Ville Hinkkanen, Cecilie Høigård, Hanns von Hofer, Charlotta Holmström, Janne Kivivuori, Lars Korsell, Tapio Lappi-Seppälä, Paul Larsson, Martti Lehti, Torkild Hovde Lyngstad, Sven-Axel Månsson, Anita Rönneling, Lise-Lotte Rytterbro, Torbjørn Skardhamar, May-Len Skilbrei, and Henrik Tham.

[more]
cover of Crime and Justice, Volume 41: Prosecutors and Politics: A Comparative Perspective

Crime and Justice, Volume 41

Prosecutors and Politics: A Comparative Perspective

Edited by Michael Tonry

University of Chicago Press Journals, 2012

Prosecutors are powerful figures in any criminal justice system. They decide what crimes to prosecute, whom to pursue, what charges to file, whether to plea bargain, how aggressively to seek a conviction, and what sentence to demand. In the United States, citizens can challenge decisions by police, judges, and corrections officials, but courts keep their hands off the prosecutor. Curiously, in the United States and elsewhere, very little research is available that examines this powerful public role. And there is almost no work that critically compares how prosecutors function in different legal systems, from state to state or across countries. Prosecutors and Politics begins to fill that void.

Police, courts, and prisons are much the same in all developed countries, but prosecutors differ radically. The consequences of these differences are enormous: the United States suffers from low levels of public confidence in the criminal justice system and high levels of incarceration; in much of Western Europe, people report high confidence and support moderate crime control policies; in much of Eastern Europe, people’s perceptions of the law are marked by cynicism and despair. Prosecutors and Politics unpacks these national differences and provides insight into this key area of social control.

Since 1979 the Crime and Justice series has presented a review of the latest international research, providing expertise to enhance the work of sociologists, psychologists, criminal lawyers, justice scholars, and political scientists. The series explores a full range of issues concerning crime, its causes, and its cure.

[more]
cover of Crime and Justice, Volume 42: Crime and Justice in America: 1975-2025

Crime and Justice, Volume 42

Crime and Justice in America: 1975-2025

Edited by Michael Tonry

University of Chicago Press Journals, 2012

For the American criminal justice system, 1975 was a watershed year. Offender rehabilitation and individualized sentencing fell from favor. The partisan politics of “law and order” took over. Among the results four decades later are the world’s harshest punishments and highest imprisonment rate. Policymakers’ interest in what science could tell them plummeted just when scientific work on crime, recidivism, and the justice system began to blossom. Some policy areas—sentencing, gun violence, drugs, youth violence—became evidence-free zones. In others—developmental crime prevention, policing, recidivism studies, evidence mattered. Crime and Justice in America: 1975-2025 tells how policy and knowledge did and did not interact over time and charts prospects for the future. What accounts for the timing of particular issues and research advances? What did science learn or reveal about crime and justice, and how did that knowledge influence policy? Where are we now, and, perhaps even more important, where are we going?

The contributors to this volume, the leading scholars in their fields, bring unsurpassed breadth and depth of knowledge to bear in answering these questions. They include Philip J. Cook, Francis T. Cullen, Jeffrey Fagan, David Farrington, Daniel S. Nagin, Peter Reuter, Lawrence W. Sherman, and Franklin E. Zimring.

For thirty-five years, the Crime and Justice series has provided a platform for the work of sociologists, psychologists, criminal lawyers, justice scholars, and political scientists as it explores the full range of issues concerning crime, its causes, and it remedies.

[more]
cover of Crime and Justice, Volume 45: Sentencing Policies and Practices in Western Countries: Comparative and Cross-National Perspectives

Crime and Justice, Volume 45

Sentencing Policies and Practices in Western Countries: Comparative and Cross-National Perspectives

Edited by Michael Tonry

University of Chicago Press Journals, 2016

Sentencing Policies and Practices in Western Countries: Comparative and Cross-national Perspectives is the forty-fifth addition to the Crime and Justice series. Contributors include Thomas Weigend on criminal sentencing in Germany since 2000; Julian V. Roberts and Andrew Ashworth on the evolution of sentencing policy and practice in England and Wales from 2003 to 2015; Jacqueline Hodgson and Laurène Soubise on understanding the sentencing process in France; Anthony N. Doob and Cheryl Marie Webster on Canadian sentencing policy in the twenty-first century; Arie Freiberg on Australian sentencing policies and practices; Krzysztof Krajewski on sentencing in Poland; Alessandro Corda on Italian policies; Michael Tonry on American sentencing; and Tapio Lappi-Seppälä on penal policy and sentencing in the Nordic countries.
[more]
cover of Crime and Justice, Volume 46: Reinventing American Criminal Justice

Crime and Justice, Volume 46

Reinventing American Criminal Justice

Edited by Michael Tonry

University of Chicago Press Journals, 2017

Justice Futures: Reinventing American Criminal Justice is the forty-sixth volume in the Crime and Justice series. Contributors include Francis Cullen and Daniel Mears on community corrections; Peter Reuter and Jonathan Caulkins on drug abuse policy; Harold Pollack on drug treatment; David Hemenway on guns and violence; Edward Mulvey on mental health and crime; Edward Rhine, Joan Petersilia, and Kevin Reitz on parole policies; Daniel Nagin and Cynthia Lum on policing; Craig Haney on prisons and incarceration; Ronald Wright on prosecution; and Michael Tonry on sentencing policies.
 
[more]
cover of Crime and Justice, Volume 47: A Review of Research

Crime and Justice, Volume 47

A Review of Research

Edited by Michael Tonry

University of Chicago Press Journals, 2018

Since 1979, the Crime and Justice series has presented a review of the latest international research, providing expertise to enhance the work of sociologists, psychologists, criminal lawyers, justice scholars, and political scientists. The series explores a full range of issues concerning crime, its causes, and its cures. In both the review and the thematic volumes, Crime and Justice offers an interdisciplinary approach to address core issues in criminology. Volume 47 will be a review volume featuring, among other selections, a top-of-class impact ranking.
 
[more]
cover of Crime and Justice, Volume 48: American Sentencing

Crime and Justice, Volume 48

American Sentencing

Edited by Michael Tonry

University of Chicago Press Journals, 2019

American Sentencing provides an up-to-date and comprehensive overview of efforts in the state and the federal systems to make sentencing fairer, reduce overuse of imprisonment, and help offenders live law-abiding lives. It addresses a variety of topics and themes related to sentencing and reform, including racial disparities, violence prediction, plea negotiation, case processing, federal and state guidelines, California’s historic “realignment,” and more.
 
This volume covers what students, scholars, practitioners, and policy makers need to know about how sentencing really works, what a half century’s “reforms” have and have not accomplished, how sentencing processes can be made fairer, and how sentencing outcomes can be made more just. Its writers are among America’s leading scholarly specialists—often the leading specialist—in their fields.
 
Clearly and accessibly written, American Sentencing is ideal for teaching use in seminars and courses on sentencing, courts, and criminal justice. Its authors’ diverse perspectives shed light on these issues, making it likely the single, most authoritative source of information on the state of sentencing in America today.
 
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