1917 books match the query 'Law' and 51 start with e

cover of E Pluribus Unum: Nineteenth-Century American Literature and the Constitutional Paradox

E Pluribus Unum

Nineteenth-Century American Literature and the Constitutional Paradox

Harris, W. C.

University of Iowa Press, 2005

“Out of many, one.” But how do the many become one without sacrificing difference or autonomy? This problem was critical to both identity formation and state formation in late 18th- and 19th-century America. The premise of this book is that American writers of the time came to view the resolution of this central philosophical problem as no longer the exclusive province of legislative or judicial documents but capable of being addressed by literary texts as well.

The project of E Pluribus Unum is twofold. Its first and underlying concern is the general philosophic problem of the one and the many as it came to be understood at the time. W. C. Harris supplies a detailed account of the genealogy of the concept, exploring both its applications and its paradoxes as a basis for state and identity formation.

Harris then considers the perilous integration of the one and the many as a motive in the major literary accomplishments of 19th-century U.S. writers. Drawing upon critical as well as historical resources and upon contexts as diverse as cosmology, epistemology, poetics, politics, and Bible translation, he discusses attempts by Poe, Whitman, Melville, and William James to resolve the problems of social construction caused by the paradox of e pluribus unum by writing literary and philosophical texts that supplement the nation’s political founding documents.

Poe (Eureka), Whitman (Leaves of Grass), Melville (Billy Budd), and William James (The Varieties of Religious Experience) provide their own distinct, sometimes contradictory resolutions to the conflicting demands of diversity and unity, equality and hierarchy. Each of these texts understands literary and philosophical writing as having the potential to transform-conceptually or actually-the construction of social order.

This work will be of great interest to literary and constitutional scholars.
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cover of ENACTing Change: A Handbook for Teaching Advocacy and Civic Engagement

ENACTing Change

A Handbook for Teaching Advocacy and Civic Engagement

Kathleen Cole, Robert W. Glover, Richard J. Meagher, and Katharine A. Owens

Brandeis University Press, 2025

Explains the ENACT model of student civic engagement, empowers instructors to implement it, and shows them how to assess its impact.
 

ENACT: The Educational Network for Active Civic Transformation aims to teach college students about democracy through engagement with the state legislative process. Built on the values of knowledge, cooperation, justice, and integrity, ENACT is a national, intercollegiate nonpartisan network. The program empowers students to be active participants in democratic processes by connecting with policymakers and community organizations, conducting research and analysis, and informing public policy with evidence and expertise.
 
ENACTing Change introduces teachers to the philosophy and practice of the ENACT model—which includes workshops, courses, an online network, as well as pilot projects and other initiatives—while providing detailed guidance on how to incorporate the model into their courses, regardless of discipline or educational settings. The book offers instructors recommendations for developing and teaching courses that engage in state-level policy advocacy with a focus on learning outcomes. ENACTing Change takes instructors through each step of the course design process, from how to build the relationships needed to teach the class to the next steps for students to work in the community after ENACT.
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cover of Eagle Days: A Marine Legal/Infantry Officer in Vietnam

Eagle Days

A Marine Legal/Infantry Officer in Vietnam

Donald W. Griffis

University of Alabama Press, 2007

A rare Vietnam memoir from the crossroads of combat and military justice.

Much has been written about America’s war in Vietnam, and an enduring and troubling subtext is the composition of the body of soldiers that made up the U.S. troop deployment: from the initially well-trained and disciplined group of largely elite units that served in the mid-sixties to what has been termed an “armed mob” by the end of that decade and into the early 1970s. Drug use, insubordination, racial antagonism that often became violent, theft and black market dealing, and even “fragging” (murder of officers and senior noncoms by disgruntled troops) marred the record of the U.S. military presence. Don Griffis served in the twin roles of legal officer charged at various times with the task of both defending and prosecuting servicemen, while at the same time leading combat patrols in “search and destroy” missions against the Viet Cong and North Vietnamese enemy. Eagle Days is a remarkable account of Griffis’ personal record of experiencing what the military should do best—meet, engage, and defeat the enemy—and what it becomes when esprit de corps, discipline, and a sense of purpose decay.

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cover of Eat What You Kill: The Fall of a Wall Street Lawyer

Eat What You Kill

The Fall of a Wall Street Lawyer

Milton C. Regan, Jr.

University of Michigan Press, 2005

"A wonderful character study of someone whose cognitive dissonance ('I am brilliant, therefore I must be doing everything correctly') led directly to his downfall. Students would do well to read this book before venturing forth into a large firm, a small firm, or any pressure-cooker environment."
-Nancy Rapoport, University of Houston Law Center

"Eat What You Kill is gripping and well written. . . . It weaves in academic commentary and understanding of professional ethics issues in a way that makes it accessible to everyone."
-Frank Partnoy, University of San Diego Law School


He had it all, and then he lost it. But why did he do it, risking everything-wealth, success, livelihood, freedom, and the security of family?

Eat What You Kill is the story of John Gellene, a rising star and bankruptcy partner at one of Wall Street's most venerable law firms. But when Gellene became entangled in a web of conflicting corporate and legal interests involving one of his clients, he was eventually charged with making false statements, indicted, found guilty of a federal crime, and sentenced to prison.

Milton C. Regan Jr. uses Gellene's case to prove that such conflicting interests are now disturbingly commonplace in the world of American corporate finance. Combining a journalist's eye with sharp psychological insight, Regan spins Gellene's story into a gripping drama of fundamental tensions in modern-day corporate practice and describes in perfect miniature the inexorable confluence of the interests of American corporations and their legal counselors.

This confluence may seem natural enough, but because these law firms serve many masters-corporations, venture capitalists, shareholder groups-it has paradoxically led to deep, pervasive conflicts of interest. Eat What You Kill gives us the story of a man trapped in this labyrinth, and reveals the individual and systemic factors that contributed to Gellene's demise.

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cover of Eco-pragmatism: Making Sensible Environmental Decisions in an Uncertain World

Eco-pragmatism

Making Sensible Environmental Decisions in an Uncertain World

Daniel A. Farber

University of Chicago Press, 1999

Eco-pragmatism takes on the most critical controversies in environmental law today: how to weigh economic costs against environmental quality and human life, how to assess the long time horizons of environmental problems, and how to make appropriate decisions in the face of scientific uncertainty about the scope of environmental problems.

"A comprehensive well-argued effort to address many of the most difficult issues facing legislators concerned with environmental issues."—Stephen P. Adamian, Boston Book Review

"A timely and well-argued contribution."—Calestous Juma, Nature
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cover of Editing and Advocacy

Editing and Advocacy

Patrick Barry

Michigan Publishing Services, 2022

Good editors don’t just see the sentence that was written. They see the sentence that might have been written. They know how to spot words that shouldn’t be included and summon up ones that haven’t yet appeared. Their value comes not just from preventing mistakes but from discovering new ways to improve a piece of writing’s style, structure, and overall impact.
This book— which is based on a popular course taught at the University of Chicago Law School, the University of Michigan Law School, and the UCLA School of Law— is designed to help you become one of those editors. You’ll learn how to edit with empathy. You’ll learn how to edit with statistics. You’ll learn, in short, a wide range of compositional skills you can use to elevate your advocacy and better champion the causes you care about the most.
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cover of Educated by Initiative: The Effects of Direct Democracy on Citizens and Political Organizations in the American States

Educated by Initiative

The Effects of Direct Democracy on Citizens and Political Organizations in the American States

Daniel A. Smith and Caroline J. Tolbert

University of Michigan Press, 2004

"This body of research not only passes academic muster but is the best guidepost in existence for activists who are trying to use the ballot initiative process for larger policy and political objectives."
--Kristina Wilfore, Executive Director, Ballot Initiative Strategy Center and Foundation

Educated by Initiative moves beyond previous evaluations of public policy to emphasize the educational importance of the initiative process itself. Since a majority of ballots ultimately fail or get overturned by the courts, Smith and Tolbert suggest that the educational consequences of initiative voting may be more important than the outcomes of the ballots themselves. The result is a fascinating and thoroughly-researched book about how direct democracy teaches citizens about politics, voting, civic engagement and the influence of special interests and political parties. Designed to be accessible to anyone interested in the future of American democracy, the book includes boxes (titled "What Matters") that succinctly summarize the authors' data into easily readable analyses.

Daniel A. Smith is Associate Professor of Political Science at the University of Florida.

Caroline J. Tolbert is Associate Professor of Political Science at Kent State University.


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cover of Ekklesia: Three Inquiries in Church and State

Ekklesia

Three Inquiries in Church and State

Paul Christopher Johnson, Pamela E. Klassen, and Winnifred Fallers Sullivan

University of Chicago Press, 2018

Ekklesia: Three Inquiries in Church and State offers a New World rejoinder to the largely Europe-centered academic discourse on church and state. In contrast to what is often assumed, in the Americas the relationship between church and state has not been one of freedom or separation but one of unstable and adaptable collusion. Ekklesia sees in the settler states of North and South America alternative patterns of conjoined religious and political power, patterns resulting from the undertow of other gods, other peoples, and other claims to sovereignty. These local challenges have led to a continuously contested attempt to realize a church-minded state, a state-minded church, and the systems that develop in their concert. The shifting borders of their separation and the episodic conjoining of church and state took new forms in both theory and practice.
The first of a closely linked trio of essays is by Paul Johnson, and offers a new interpretation of the Brazilian community gathered at Canudos and its massacre in 1896–97, carried out as a joint churchstate mission and spectacle. In the second essay, Pamela Klassen argues that the colonial churchstate relationship of Canada came into being through local and national practices that emerged as Indigenous nations responded to and resisted becoming “possessions” of colonial British America. Finally, Winnifred Sullivan’s essay begins with reflection on the increased effort within the United States to ban Bibles and scriptural references from death penalty courtrooms and jury rooms; she follows with a consideration of the political theological pressure thereby placed on the jury that decides between life and death. Through these three inquiries, Ekklesia takes up the familiar topos of “church and state” in order to render it strange.
 
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cover of El derecho en español: terminología y habilidades jurídicas para un ejercicio legal exitoso

El derecho en español

terminología y habilidades jurídicas para un ejercicio legal exitoso

By Katia Fach Gómez

University of Texas Press, 2014

El español es el segundo idioma más hablado en el mundo. Un número creciente de personas en los Estados Unidos y en otros países son conocedores de este idioma y además lo utilizan profesionalmente en el ámbito jurídico. No obstante, a muchos de ellos les gustaría mejorar su comprensión idiomática y jurídica del mismo. En la actualidad existen pocos recursos didácticos y profesionales a los que recurrir. El derecho en español: Terminología y habilidades jurídicas para un ejercicio legal exitoso es el único libro actualmente en el mercado que ofrece al mismo tiempo instrucción avanzada en español jurídico e información selecta sobre los marcos legales contemporáneos en los que este idioma se utiliza.

Este libro monolingüe en español puede ser utilizado en el aula y también como herramienta de auto-aprendizaje por parte de universitarios y profesionales que posean un nivel intermedio de conocimiento del idioma. El libro contiene diez lecciones, cada una de ellas dedicada a un área clave del derecho: constitucional, contratos, actividades bancarias, penal, familia, inmigración, derechos humanos, litigios internacionales y arbitraje. Todas estas lecciones presentan un vocabulario escogido sobre el tema jurídico abordado en ellas, y después ofrecen una serie de ejercicios basados en documentos jurídicos reales procedentes de diversos países de habla hispana. El último capítulo es una guía para facilitar la comprensión de varias películas que contienen interesantes cuestiones legales y que pueden ser utilizadas para el análisis contextual de los temas abordados en las lecciones precedentes. A través de todos estos materiales de capacitación, los lectores aprenderán a utilizar el vocabulario español jurídico en su contexto operativo adecuado, y podrán entender las diferencias lingüísticas y conceptuales entre los distintos países de América Latina y España. Al mismo tiempo se familiarizarán con las disposiciones y los documentos más utilizados en la práctica jurídica en español. Finalmente, también podrán mejorar sus habilidades de escucha y de redacción jurídica.

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cover of Elder Brother and the Law of the People: Contemporary Kinship and Cowessess First Nation

Elder Brother and the Law of the People

Contemporary Kinship and Cowessess First Nation

Robert Alexander Innes

University of Manitoba Press, 2013

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cover of Electronic Evidence

Electronic Evidence

Edited by Stephen Mason and Daniel Seng

University of London Press, 2017

In this updated edition of the well-established practitioner text, Stephen Mason and Daniel Seng have brought together a team of experts in the field to provide an exhaustive treatment of electronic evidence. This fourth edition continues to follow the tradition in English evidence text books by basing the text on the law of England and Wales, with appropriate citations of relevant case law and legislation from other jurisdictions. Stephen Mason (of the Middle Temple, Barrister) is a leading authority on electronic evidence and electronic signatures, having advised global corporations and governments on these topics. He is also the author of Electronic Signatures in Law and editor of International Electronic Evidence, founding the innovative international open access journal Digital Evidence and Electronic Signatures Law Review in 2004. Stephen is an IALS Associate Research Fellow and Visiting Lecturer at the School of Law, University of Tartu, Estonia. Daniel Seng (Associate Professor, National University of Singapore) teaches and researches on information technology law, infocommunications law, evidence and procedure, artificial intelligence, machine learning and legal reasoning. His research interests also include empirical legal studies and quantitative research and data analytics on big data sets. Between 2001 and 2003, he was concurrently the Director of Research, Technology Law Development Group at the Singapore Academy of Law. Daniel is also a special consultant to the World Intellectual Property Organization, where he has researched, delivered papers and published monographs on copyright exceptions for academic institutions, music copyright in the Asia Pacific and the liability of Internet intermediaries. He is also a non-residential fellow with the Centre for Legal Informatics (CodeX), Stanford University. This book is also available online at http://ials.sas.ac.uk/digital/humanities-digital-library/observing-law-ials-open-book-service-law.
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cover of Electronic Evidence

Electronic Evidence

Edited by Stephen Mason and Daniel Seng

University of London Press, 2017

Electronic Evidence and Electronic Signatures in Law are now available in a combined Fifth Edition, Electronic Evidence and Electronic Signatures. (PB: 9781911507222, HB: 9781911507260)

In this updated edition of the well-established practitioner text, Stephen Mason and Daniel Seng have brought together a team of experts in the field to provide an exhaustive treatment of electronic evidence. This fourth edition continues to follow the tradition in English evidence text books by basing the text on the law of England and Wales, with appropriate citations of relevant case law and legislation from other jurisdictions. Stephen Mason (of the Middle Temple, Barrister) is a leading authority on electronic evidence and electronic signatures, having advised global corporations and governments on these topics. He is also the author of Electronic Signatures in Law and editor of International Electronic Evidence, founding the innovative international open access journal Digital Evidence and Electronic Signatures Law Review in 2004. Stephen is an IALS Associate Research Fellow and Visiting Lecturer at the School of Law, University of Tartu, Estonia. Daniel Seng (Associate Professor, National University of Singapore) teaches and researches on information technology law, infocommunications law, evidence and procedure, artificial intelligence, machine learning and legal reasoning. His research interests also include empirical legal studies and quantitative research and data analytics on big data sets. Between 2001 and 2003, he was concurrently the Director of Research, Technology Law Development Group at the Singapore Academy of Law. Daniel is also a special consultant to the World Intellectual Property Organization, where he has researched, delivered papers and published monographs on copyright exceptions for academic institutions, music copyright in the Asia Pacific and the liability of Internet intermediaries. He is also a non-residential fellow with the Centre for Legal Informatics (CodeX), Stanford University. This book is also available online at http://ials.sas.ac.uk/digital/humanities-digital-library/observing-law-ials-open-book-service-law.
[more]
cover of Electronic Evidence and Electronic Signatures

Electronic Evidence and Electronic Signatures

Stephen Mason and Daniel Seng

University of London Press, 2021

Two leading authorities address the technical and ethical issues of practicing law in the digital age. 
 
In this updated edition of a well-established practitioner text, Stephen Mason and Daniel Seng have brought together a team of experts in the field to provide an exhaustive treatment of electronic evidence and electronic signatures. This fifth edition continues to follow the tradition in English evidence textbooks by basing the text on the law of England and Wales, with appropriate citations of relevant case law and legislation from other jurisdictions.
[more]
cover of Electronic Signatures in Law

Electronic Signatures in Law

Stephen Mason

University of London Press, 2016

Electronic Evidence and Electronic Signatures in Law are now available in a combined Fifth Edition, Electronic Evidence and Electronic Signatures. (PB: 9781911507222, HB: 9781911507260)

This fourth edition of the well-established practitioner text sets out what constitutes an electronic signature, the form an electronic signature can take, and discusses the issues relating to evidence – illustrated by analysis of relevant case law and legislation from a wide range of common law and civil law jurisdictions. Stephen Mason is a leading authority on electronic signatures and electronic evidence, having advised global corporations and governments on these topics. He is also the editor of Electronic Evidence and International Electronic Evidence, and he founded the international open-source journal Digital Evidence and Electronic Signature Law Review in 2004. This book is also available online at http://ials.sas.ac.uk/digital/humanities-digital-library/observing-law-ials-open-book-service-law.
[more]
cover of Electronic Signatures in Law

Electronic Signatures in Law

Stephen Mason

University of London Press, 2016

Electronic Evidence and Electronic Signatures in Law are now available in a combined Fifth Edition, Electronic Evidence and Electronic Signatures. (PB: 9781911507222, HB: 9781911507260)

This fourth edition of the well-established practitioner text sets out what constitutes an electronic signature, the form an electronic signature can take, and discusses the issues relating to evidence – illustrated by analysis of relevant case law and legislation from a wide range of common law and civil law jurisdictions. Stephen Mason is a leading authority on electronic signatures and electronic evidence, having advised global corporations and governments on these topics. He is also the editor of Electronic Evidence and International Electronic Evidence, and he founded the international open-source journal Digital Evidence and Electronic Signature Law Review in 2004. This book is also available online at http://ials.sas.ac.uk/digital/humanities-digital-library/observing-law-ials-open-book-service-law.
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cover of Ellery's Protest: How One Young Man Defied Tradition and Sparked the Battle over School Prayer

Ellery's Protest

How One Young Man Defied Tradition and Sparked the Battle over School Prayer

Stephen D. Solomon

University of Michigan Press, 2010

“Solomon’s fascinating and sweeping history of the legal fight over mandatory school prayers is compelling, judicious, and elegantly written. Fabulous!”

—David Rudenstine, Dean, Benjamin N. Cardozo School of Law, Yeshiva University

“Stephen Solomon’s Ellery’s Protest provides a brilliant analysis of a major Supreme Court decision that redefined the relationship between church and state almost a half century ago. This study goes well beyond simply offering a gripping account of the course of litigation that brought before the Justices the contentious issue of prayer and Bible reading in public schools, though the thoroughness of that account would merit careful reading by itself. Especially impressive is the author’s deep probing of hitherto neglected sources, and invaluable primary material including extensive direct contact with the plaintiff, the ‘Ellery’ of the book’s title. Finally, and perhaps most impressive, is Solomon’s careful placement of the issue and the case in a far broader context that is as critical to national life and policy today as it was four and a half decades ago when the high Court first tackled these questions.”

—Robert O’Neil, Professor of Law, University of Virginia

Great legal decisions often result from the heroic actions of average citizens. Ellery’s Protest is the story of how one student’s objection to mandatory school prayer and Bible reading led to one of the most controversial court cases of the twentieth century—and a decision that still reverberates in the battle over the role of religion in public life.

Abington School District v. Schempp began its journey through the nation’s courts in 1956, when sixteen-year-old Ellery Schempp protested his public school’s compulsory prayer and Bible-reading period by reading silently from the Koran. Ejected from class for his actions, Schempp sued the school district. The Supreme Court’s decision in his favor was one of the most important rulings on religious freedom in our nation’s history. It prompted a conservative backlash that continues to this day, in the skirmishes over school prayer, the teaching of creationism and intelligent design, and the recitation of the Pledge of Allegiance with the phrase “under God.”

Author Stephen D. Solomon tells the fascinating personal and legal drama of the Schempp case: the family’s struggle against the ugly reactions of neighbors, and the impassioned courtroom clashes as brilliant lawyers on both sides argued about the meaning of religious freedom. But Schempp was not the only case challenging religious exercises in the schools at the time, and Ellery’s Protest describes the race to the Supreme Court among the attorneys for four such cases, including one involving the colorful atheist Madalyn Murray.

Solomon also explores the political, cultural, and religious roots of the controversy. Contrary to popular belief, liberal justices did not kick God out of the public schools. Bitter conflict over school Bible reading had long divided Protestants and Catholics in the United States. Eventually, it was the American people themselves who removed most religious exercises from public education as a more religiously diverse nation chose tolerance over sectarianism. Ellery’s Protest offers a vivid account of the case that embodied this change, and a reminder that conservative justices of the 1950s and 60s not only signed on to the Schempp decision, but strongly endorsed the separation of church and state.

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cover of Embracing Risk: The Changing Culture of Insurance and Responsibility

Embracing Risk

The Changing Culture of Insurance and Responsibility

Edited by Tom Baker and Jonathan Simon

University of Chicago Press, 2001

For much of the twentieth century, industrialized nations addressed social problems, such as workers' compensation benefits and social welfare programs, in terms of spreading risk. But in recent years a new approach has emerged: using risk both as a way to conceive of and address social problems and as an incentive to reduce individual claims on collective resources.

Embracing Risk explores this new approach from a variety of perspectives. The first part of the book focuses on the interplay between risk and insurance in various historical and social contexts. The second part examines how risk is used to govern fields outside the realm of insurance, from extreme sports to policing, mental health institutions, and international law. Offering an original approach to risk, insurance, and responsibility, the provocative and wide-ranging essays in Embracing Risk demonstrate that risk has moved well beyond its origins in the insurance trade to become a central organizing principle of social and cultural life.

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cover of Emergency Presidential Power: From the Drafting of the Constitution to the War on Terror

Emergency Presidential Power

From the Drafting of the Constitution to the War on Terror

Chris Edelson; Foreword by Louis Fisher

University of Wisconsin Press, 2013

Can a U.S. president decide to hold suspected terrorists indefinitely without charges or secretly monitor telephone conversations and e-mails without a warrant in the interest of national security? Was the George W. Bush administration justified in authorizing waterboarding? Was President Obama justified in ordering the killing, without trial or hearing, of a U.S. citizen suspected of terrorist activity? Defining the scope and limits of emergency presidential power might seem easy—just turn to Article II of the Constitution. But as Chris Edelson shows, the reality is complicated. In times of crisis, presidents have frequently staked out claims to broad national security power. Ultimately it is up to the Congress, the courts, and the people to decide whether presidents are acting appropriately or have gone too far.
            Drawing on excerpts from the U.S. Constitution, Supreme Court opinions, Department of Justice memos, and other primary documents, Edelson weighs the various arguments that presidents have used to justify the expansive use of executive power in times of crisis. Emergency Presidential Power uses the historical record to evaluate and analyze presidential actions before and after the terrorist attacks of September 11, 2001. The choices of the twenty-first century, Edelson concludes, have pushed the boundaries of emergency presidential power in ways that may provide dangerous precedents for current and future commanders-in-chief.

Winner, Crader Family Book Prize in American Values, Department of History and Crader Family Endowment for American Values, Southeast Missouri State University

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cover of Employment, Disability, and the Americans with Disabilities Act: Issues in Law, Public Policy, and Research

Employment, Disability, and the Americans with Disabilities Act

Issues in Law, Public Policy, and Research

Peter David Blanck

Northwestern University Press, 2000

The Americans with Disabilities Act of 1990 (ADA) was heralded by its congressional sponsors as an "emancipation proclamation" for people with disabilities and as the most important civil rights legislation passed in a generation. Employment, Disability, and the Americans with Disabilities Act offers a meticulously documented assessment of what has occurred since the ADA's enactment. In reasoned, empirically based articles, contributors from law, health policy, government, and business reveal the unsoundness of charges from the right that the ADA will bankrupt industry and assumptions on the left that the ADA will prove ineffective in helping those with disabilities enter and remain in the workforce.
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cover of Ending the Civil War and Consequences for Congress

Ending the Civil War and Consequences for Congress

Paul Finkelman

Ohio University Press, 2019

The social changes and human and economic costs of the Civil War led to profound legal and constitutional developments after it ended, not least of which were the Fourteenth and Fifteenth Amendments and the many laws devised to protect the civil rights of newly freed African Americans. These amendments and laws worked for a while, but they were ineffective or ineffectively enforced for more than a century.

In Ending the Civil War and the Consequences for Congress, contributors explore how the end of the war both continued the trauma of the conflict and enhanced the potential for the new birth of freedom that Lincoln promised in the Gettysburg Address. Collectively, they bring their multidisciplinary expertise to bear on the legal, economic, social, and political aspects of the aftermath of the war and Reconstruction era. The book concludes with the reminder of how the meaning of the war has changed over time. The Civil War is no longer the “felt” history it once was, Clay Risen reminds us, and despite the work of many fine scholars it remains contested.

Contributors: Jenny Bourne, Carole Emberton, Paul Finkelman, Lorien Foote, William E. Nelson, Clay Risen, Anne Sarah Rubin, and Peter Wallenstein

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cover of Engaging Modernity: Muslim Women and the Politics of Agency in Postcolonial Niger

Engaging Modernity

Muslim Women and the Politics of Agency in Postcolonial Niger

Ousseina Alidou

University of Wisconsin Press, 2005

Engaging Modernity is Ousseina Alidou’s rich and compelling portrait of Muslim women in Niger as they confront the challenges and opportunities of the twentieth century. Contrary to Western stereotypes of passive subordination, these women are taking control of their own lives and resisting domination from indigenous traditions, westernization, and Islam alike.
    Based on thorough scholarly research and extensive fieldwork—including a wealth of interviews—Alidou’s work offers insights into the meaning of modernity for Muslim women in Niger. Mixing biography with sociological data, social theory and linguistic analysis, this is a multilayered vision of political Islam, education, popular culture, and war and its aftermath. A gripping look at one of the Muslim world’s most powerful untold stories.

Runner-up for the Aidoo-Snyder Book Prize, Women’s Caucus of the African Studies Association

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cover of Engines of Anxiety: Academic Rankings, Reputation, and Accountability

Engines of Anxiety

Academic Rankings, Reputation, and Accountability

espeland

Russell Sage Foundation, 2016

Students and the public routinely consult various published college rankings to assess the quality of colleges and universities and easily compare different schools. However, many institutions have responded to the rankings in ways that benefit neither the schools nor their students. In Engines of Anxiety, sociologists Wendy Espeland and Michael Sauder delve deep into the mechanisms of law school rankings, which have become a top priority within legal education. Based on a wealth of observational data and over 200 in-depth interviews with law students, university deans, and other administrators, they show how the scramble for high rankings has affected the missions and practices of many law schools.

Engines of Anxiety tracks how rankings, such as those published annually by the U.S. News & World Report, permeate every aspect of legal education, beginning with the admissions process. The authors find that prospective law students not only rely heavily on such rankings to evaluate school quality, but also internalize rankings as expressions of their own abilities and flaws. For example, they often view rejections from “first-tier” schools as a sign of personal failure. The rankings also affect the decisions of admissions officers, who try to balance admitting diverse classes with preserving the school’s ranking, which is dependent on factors such as the median LSAT score of the entering class. Espeland and Sauder find that law schools face pressure to admit applicants with high test scores over lower-scoring candidates who possess other favorable credentials.

Engines of Anxiety also reveals how rankings have influenced law schools’ career service departments. Because graduates’ job placements play a major role in the rankings, many institutions have shifted their career-services resources toward tracking placements, and away from counseling and network-building. In turn, law firms regularly use school rankings to recruit and screen job candidates, perpetuating a cycle in which highly ranked schools enjoy increasing prestige. As a result, the rankings create and reinforce a rigid hierarchy that penalizes lower-tier schools that do not conform to the restrictive standards used in the rankings. The authors show that as law schools compete to improve their rankings, their programs become more homogenized and less accessible to non-traditional students.

The ranking system is considered a valuable resource for learning about more than 200 law schools. Yet, Engines of Anxiety shows that the drive to increase a school’s rankings has negative consequences for students, educators, and administrators and has implications for all educational programs that are quantified in similar ways.

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cover of England's Great Transformation: Law, Labor, and the Industrial Revolution

England's Great Transformation

Law, Labor, and the Industrial Revolution

Marc W. Steinberg

University of Chicago Press, 2016

With England’s Great Transformation, Marc W. Steinberg throws a wrench into our understanding of the English Industrial Revolution, largely revising the thesis at heart of Karl Polanyi’s landmark The Great Transformation. The conventional wisdom has been that in the nineteenth century, England quickly moved toward a modern labor market where workers were free to shift from employer to employer in response to market signals. Expanding on recent historical research, Steinberg finds to the contrary that labor contracts, centered on insidious master-servant laws, allowed employers and legal institutions to work in tandem to keep employees in line.

Building his argument on three case studies—the Hanley pottery industry, Hull fisheries, and Redditch needlemakers—Steinberg employs both local and national analyses to emphasize the ways in which these master-servant laws allowed employers to use the criminal prosecutions of workers to maintain control of their labor force. Steinberg provides a fresh perspective on the dynamics of labor control and class power, integrating the complex pathways of Marxism, historical institutionalism, and feminism, and giving readers a subtle yet revelatory new understanding of workplace control and power during England’s Industrial Revolution.
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cover of Ensuring Corporate Misconduct: How Liability Insurance Undermines Shareholder Litigation

Ensuring Corporate Misconduct

How Liability Insurance Undermines Shareholder Litigation

Tom Baker and Sean J. Griffith

University of Chicago Press, 2010

Shareholder litigation and class action suits play a key role in protecting investors and regulating big businesses. But Directors and Officers liability insurance shields corporations and their managers from the financial consequences of many illegal acts, as evidenced by the recent Enron scandal and many of last year’s corporate financial meltdowns. Ensuring Corporate Misconduct demonstrates for the first time how corporations use insurance to avoid responsibility for corporate misconduct, dangerously undermining the impact of securities laws.

As Tom Baker and Sean J. Griffith demonstrate, this need not be the case. Opening up the formerly closed world of corporate insurance, the authors interviewed people from every part of the industry in order to show the different instances where insurance companies could step in and play a constructive role in strengthening corporate governance—yet currently do not. Ensuring Corporate Misconduct concludes with a set of readily implementable reforms that could significantly rehabilitate the system.

[more]
cover of Environmental Groups and Legal Expertise: Shaping the Brexit process

Environmental Groups and Legal Expertise

Shaping the Brexit process

Carolyn Abbot and Maria Lee

University College London, 2021

A close look at environmental NGO advocacy during Brexit and how legal expertise can be a resource in moments of crisis.

This book explores the use and understanding of law and legal expertise by environmental groups. Rather than focusing on the courtroom, however, this volume scrutinizes environmental NGO advocacy during the extraordinarily dramatic Brexit process, from the referendum on leaving the EU in 2016 to the debate around the new Environment Bill in 2020. In an effort to show how legal expertise is more than a campaign tool or the threat of litigation, this book describes the ways in which law can provide distinctive ways of both seeing and changing the world. Legal resources in the environmental sector are not just a practical limit on what can be done, but an opportunity to investigate the very understanding of what should be done. Legal expertise was heavily and often effectively used in the anomalously law-heavy Brexit-environment debate. This book will clarify this moment and the NGO collaboration that made it possible for environmental advocates to call upon legal expertise in a moment of crisis.
 
[more]
cover of Environmental Law for Biologists

Environmental Law for Biologists

Tristan Kimbrell

University of Chicago Press, 2016

Environmental law has an unquestionable effect on the species, ecosystems, and landscapes that biologists study—and vice-versa, as the research of these biologists frequently informs policy. But because many scientists receive little or no legal training, we know relatively little about the precise ways that laws affect biological systems—and, consequently, about how best to improve these laws and better protect our natural resources.

With Environmental Law for Biologists, ecologist and lawyer Tristan Kimbrell bridges this gap in legal knowledge. Complete with a concise introduction to environmental law and an appendix describing the most important federal and international statutes and treaties discussed, the book is divided into four broad parts: laws that focus on individual species, like invasive species policies, the Endangered Species Act, and international treaties such as CITES; laws that focus on land, from federal public lands to agricultural regulations and urban planning; laws that focus on water, such as the Clean Water Act; and laws that focus on air, such as the Clean Air Act and international measures meant to mitigate global climate change. Written for working biologists and students alike, this book will be a catalyst for both more effective policy and enhanced research, offering hope for the manifold frictions between science and the law.
[more]
cover of Equal Before the Law: How Iowa Led Americans to Marriage Equality

Equal Before the Law

How Iowa Led Americans to Marriage Equality

Tom Witosky, Marc Hansen

University of Iowa Press, 2015

“We’ve been together in sickness and in health, through the death of his mother, through the adoption of our children, through four long years of this legal battle,” Jason Morgan told reporters of himself and his partner, Chuck Swaggerty. “And if being together through all of that isn’t love and commitment or isn’t family or isn’t marriage, then I don’t know what is.” Just minutes earlier on that day, April 3, 2009, the justices of the Iowa Supreme Court had agreed.

The court’s decision in Varnum v. Brien made Iowa only the third state in the nation to permit same-sex couples to wed—moderate, midwestern Iowa, years before such left-leaning coastal states as California and New York. And unlike the earlier decisions in Massachusetts and Connecticut, Varnum v. Brien was unanimous and unequivocal. It catalyzed the unprecedented and rapid shift in law and public opinion that continues today.

Equal Before the Law tells the stories behind this critical battle in the fight for marriage equality and traces the decision’s impact. The struggle began in 1998 with the easy passage of Iowa’s Defense of Marriage Act and took a turn, surprising to many, in 2005, when six ordinary Iowa couples signed on to Lambda Legal’s suit against the law. Their triumph in 2009 sparked a conservative backlash against the supreme court justices, three of whom faced tough retention elections that fall.
Longtime, award-winning reporters Tom Witosky and Marc Hansen talked with and researched dozens of key figures, including opponent Bob Vander Plaats, proponents Janelle Rettig and Sharon Malheiro, attorneys Roger Kuhle, Dennis Johnson, and Camilla Taylor, and politicians Matt McCoy, Mary Lundby, and Tom Vilsack, who had to weigh their careers against their convictions. Justice Mark Cady, who wrote the decision, explains why the court had to rule in favor of the plaintiffs. At the center of the story are the six couples who sacrificed their privacy to demand public respect for their families.

Through these voices, Witosky and Hansen show that no one should have been surprised by the 2009 decision. Iowans have a long history of leadership on civil rights. Just a year after Iowa became a state, its citizens adopted as their motto the phrase, “Our liberties we prize and our rights we will maintain.” And they still do today.
[more]
cover of Equal Justice in the Balance: America's Legal Responses to the Emerging Terrorist Threat

Equal Justice in the Balance

America's Legal Responses to the Emerging Terrorist Threat

Raneta Lawson Mack and Michael J. Kelly

University of Michigan Press, 2004

"We are in difficult times for the protection of our liberties. Nonetheless, citizens are showing an increased willingness to resist the erosion of the U.S. Constitution. . . . Lawson Mack and Kelly stress the importance of not giving up these fundamental rights and conclude with a message of optimism, noting an increased backlash against the administration's more draconian measures. Although the landscape is still quite bleak, change is in the air."
-Michael Ratner, President, Center for Constitutional Rights, from the foreword

"A compelling and sophisticated critique of the U.S. government's post-9/11 actions. Mack and Kelly set the stage with the historical perspective on America's response to terrorism and the assessment of terrorist threats, before launching into a comprehensive analysis of the USA Patriot Act. Their hard-hitting approach and easy-to-read style makes for a fascinating treatment of the government's legislative and executive response to the attacks."
-Michael P. Scharf, Case Western Reserve University School of Law


With its sweeping critique of the USA Patriot Act and the Bush administration's maneuvers in pursuit of terrorists, Equal Justice in the Balance is a sobering and exacting look at American legal responses to terrorism, both before and after 9/11.

The authors detail wide-ranging and persuasive evidence that American antiterrorism legislation has led to serious infringements of our civil rights. They show us how deviations from our fundamental principles of fairness and justice in times of heightened national anxiety-whether the Red Scare, World War II, or the War on Terrorism-have resulted in overreaction and excess, later requiring apologies and reparations to those victimized by a paranoia-driven justice system.

While terrorist attacks-especially on a large scale and on American soil-damage our national pride and sense of security, the authors offer powerful arguments for why we must allow our judicial infrastructure, imperfect as it is, to respond without undue interference from the politics of anger and vengeance.

[more]
cover of Equality for Same-Sex Couples: The Legal Recognition of Gay Partnerships in Europe and the United States

Equality for Same-Sex Couples

The Legal Recognition of Gay Partnerships in Europe and the United States

Yuval Merin

University of Chicago Press, 2002

During the past three decades, nations all over the world have been debating whether to allow same-sex couples to marry, or at least grant these couples various rights associated with marriage. In Equality for Same-Sex Couples, Yuval Merin presents the first comparative study of the legal regulation of same-sex partnerships worldwide, as well as a unique survey of the status of same-sex couples in Europe.

Merin begins by providing a historical overview of the transformation of marriage from antiquity to the present. He then identifies and critically compares four principal models for the legal regulation and recognition of same-sex partnerships: civil marriage, registered partnership, domestic partnership, and cohabitation. Merin concludes that all of the models except civil marriage discriminate against gays and lesbians just as the "separate but equal" doctrine discriminated against African Americans; thus, so-called alternatives to marriage, even if they provide the same rights and benefits as marriage, are inherently unequal and therefore unconstitutional.
[more]
cover of Equity and the Constitution: The Supreme Court, Equitable Relief, and Public Policy

Equity and the Constitution

The Supreme Court, Equitable Relief, and Public Policy

Gary L. McDowell

University of Chicago Press, 1982

Since the landmark desegregation decisions in the Brown vs. Board of Education cases, the proper role of the federal judiciary has been hotly debated. Has the federal judiciary, in its attempt to legislate social policy, overstepped its constitutional boundaries?

In this volume, Gary McDowell considers the equity power created by Article III of the Constitution, on which the most controversial decisions of the Supreme Court have rested. He points out the equity was originally understood as an extraordinary means of offering relief to individuals in cases of fraud, accident, mistake, or trust and as a means of "confining the operation of unjust and partial laws." It has now been stretched to offer relief to broadly defined social classes. This "sociological" understanding, in McDowell's view, has undermined equity as a substantive body of law. He urges a return to the former definition as a means of restraining the reach of federal jurisdiction.
[more]
cover of Errors, Lies, and Libel

Errors, Lies, and Libel

Peter E. Kane. Foreword by Elmer Gertz

Southern Illinois University Press, 1992

Peter E. Kane takes a critical look at the development of the present law through a discussion of seventeen landmark libel cases.

One of the many points Kane clarifies is the important distinction between an error and a lie when judging whether someone is guilty of libel. For example, in the series of events that led to Goldwater vs. Ginzburg, Ralph Ginzburg, publisher of fact magazine, compiled and printed in fact a montage of quotes he had collected from psychiatrists about Barry Goldwater. It took five years of legal sparring for the courts to conclude that Ginzburg had deliberately published a malicious and irresponsible document and to rule in favor of Goldwater. Kane closes with a discussion of current thinking on possible libel reform.

[more]
cover of Espana Pontifica: Papal Letters to Spain 1198-1303

Espana Pontifica

Papal Letters to Spain 1198-1303

Peter Linehan

Catholic University of America Press, 2022

Peter Linehan (+2020) followed his survey of original papal letters in Portugal, Portugalia pontifica 1198-1417 (2013) with the present volume, España Pontifica, that covers papal letters to Spanish recipients from Pope Innocent II (1198-1216) to Pope Boniface VIII (+1303). This volume will provide students of the medieval papacy and the Spanish church with an invaluable research tool to explore the relationship between Rome and Spain during the crucial period of the Spanish Reconquistà after the battles of Navas de Tolosa (1212) to the capture of Seville (1248). Linehan spent his career cataloguing papal letters from more than sixty Spanish repositories. For the past sixty years the Vatican has also been engaged in publishing surveys of original papal letters preserved from various European archives. However, this volume includes material that has not been included in these surveys.
[more]
cover of Eternally Vigilant: Free Speech in the Modern Era

Eternally Vigilant

Free Speech in the Modern Era

Edited by Lee C. Bollinger and Geoffrey R. Stone

University of Chicago Press, 2001

While freedom of speech has been guaranteed us for centuries, the First Amendment as we know it today is largely a creation of the past eighty years. Eternally Vigilant brings together a group of distinguished legal scholars to reflect boldly on its past, its present shape, and what forms our understanding of it might take in the future. The result is a unique volume spanning the entire spectrum of First Amendment issues, from its philosophical underpinnings to specific issues like campaign regulation, obscenity, and the new media.

"With group efforts, such as this collection of essays, it is almost inevitable that there will be a couple—and often several—duds among the bunch, or at least a dismaying repetition of ideas. Such is not the case here. . . . Whether one agrees with a given author or not (and it is possible to do both with any of the essays), each has something to add. Overall, Eternally Vigilant is a thoughtful and thought-provoking book, consistently intelligent and, at times, brilliant."—Richard J. Mollot, New York Law Journal

Contributors:

Lillian R. BeVier
Vincent Blasi
Lee C. Bollinger
Stanley Fish
Owen M. Fiss
R. Kent Greenawalt
Richard A. Posner
Robert C. Post
Frederick Schauer
Geoffrey R. Stone
David A. Strauss
Cass R. Sunstein
[more]
cover of Ethics and Law for Neurosciences Clinicians: Foundations and Evolving Challenges

Ethics and Law for Neurosciences Clinicians

Foundations and Evolving Challenges

James E. Szalados

Rutgers University Press, 2019

The brain represents the final frontier in medical sciences. Clinical neurosciences include the subspecialties of neurology, neurosurgery, neuro-imaging, cerebrovascular interventional specialties, neurocritical care, and the allied specialties in pharmacy and nursing. The first lens through which we see our patients is the clinical perspective; however, the complexity of neurosciences and the rapidity of the advances in these subspecialties require that clinicians not lose sight of the personhood of the patients, the professionalism required in the care of these complex patients, or the regulatory environment in which we practice. Science and technology are advancing more rapidly than regulations or the law can interpret and integrate them into a supportive or regulatory framework.  Thus, morality, ethics, and the law comprise the final lens through which we approach complex patient management issues, frame our communications with patients and families, and evaluate the risks and potential benefits of new technology. Ethics and Law for Neurosciences Clinicians is written for all clinicians in the neurosciences specialties to examine and re-examine the ethical and legal implications of advances in clinical neurosciences. 
[more]
cover of Everyday Justice: A Legal Aid Story

Everyday Justice

A Legal Aid Story

Ashley Wiltshire

Vanderbilt University Press, 2022

The Legal Aid Society’s mission is to advance, defend, and enforce the legal rights of low-income and otherwise vulnerable people in order to secure for them the basic necessities of life. Everyday Justice is an on-the-ground history of the Legal Aid Society of Middle Tennessee and the Cumberlands, the story of how national debates about access to justice have impacted the work of its lawyers, and a warning about why the federally imposed limits on that work must be lifted in order to fulfill the pledge of justice for all.

Those surviving on low incomes often see the legal system as an oppressive force stacked against them. Everyday Justice is about lawyers trying to make the law work for these people. This book traces the development and evolution of legal aid in Middle Tennessee from the late 1960s to the turn of the millennium, as told by Ashley Wiltshire, who worked for the Legal Aid Society of Middle Tennessee and the Cumberlands in all its incarnations for four decades, beginning a year after its inception.

Set in the context of the legal aid movement in the United States—beginning as a part of the social awakening in the post–Civil War era, continuing with volunteer efforts in the first part of the twentieth century, and coming to fruition beginning with the OEO Office of Legal Services grants of the 1960s as part of the War on Poverty—Everyday Justice is a story of Nashville, which levied an extended period of opposition because of prevailing cultural and religious views on race and poverty.
[more]
cover of Everyday Justice: A Legal Aid Story

Everyday Justice

A Legal Aid Story

Ashley Wiltshire

Vanderbilt University Press, 2022

The Legal Aid Society’s mission is to advance, defend, and enforce the legal rights of low-income and otherwise vulnerable people in order to secure for them the basic necessities of life. Everyday Justice is an on-the-ground history of the Legal Aid Society of Middle Tennessee and the Cumberlands, the story of how national debates about access to justice have impacted the work of its lawyers, and a warning about why the federally imposed limits on that work must be lifted in order to fulfill the pledge of justice for all.

Those surviving on low incomes often see the legal system as an oppressive force stacked against them. Everyday Justice is about lawyers trying to make the law work for these people. This book traces the development and evolution of legal aid in Middle Tennessee from the late 1960s to the turn of the millennium, as told by Ashley Wiltshire, who worked for the Legal Aid Society of Middle Tennessee and the Cumberlands in all its incarnations for four decades, beginning a year after its inception.

Set in the context of the legal aid movement in the United States—beginning as a part of the social awakening in the post–Civil War era, continuing with volunteer efforts in the first part of the twentieth century, and coming to fruition beginning with the OEO Office of Legal Services grants of the 1960s as part of the War on Poverty—Everyday Justice is a story of Nashville, which levied an extended period of opposition because of prevailing cultural and religious views on race and poverty.
[more]
cover of Everyday Law on the Street: City Governance in an Age of Diversity

Everyday Law on the Street

City Governance in an Age of Diversity

Mariana Valverde

University of Chicago Press, 2012

Toronto prides itself on being “the world’s most diverse city,” and its officials seek to support this diversity through programs and policies designed to promote social inclusion. Yet this progressive vision of law often falls short in practice, limited by problems inherent in the political culture itself. In Everyday Law on the Street, Mariana Valverde brings to light the often unexpected ways that the development and implementation of policies shape everyday urban life.
 
Drawing on four years spent participating in council hearings and civic association meetings and shadowing housing inspectors and law enforcement officials as they went about their day-to-day work, Valverde reveals a telling transformation between law on the books and law on the streets. She finds, for example, that some of the democratic governing mechanisms generally applauded—public meetings, for instance—actually create disadvantages for marginalized groups, whose members are less likely to attend or articulate their concerns. As a result, both officials and citizens fail to see problems outside the point of view of their own needs and neighborhood.
 
Taking issue with Jane Jacobs and many others, Valverde ultimately argues that Toronto and other diverse cities must reevaluate their allegiance to strictly local solutions. If urban diversity is to be truly inclusive—of tenants as well as homeowners, and recent immigrants as well as longtime residents—cities must move beyond micro-local planning and embrace a more expansive, citywide approach to planning and regulation.
[more]
cover of Everyman's Constitution: Historical Essays on the Fourteenth Amendment, the "Conspiracy Theory," and American Constitutionalism

Everyman's Constitution

Historical Essays on the Fourteenth Amendment, the "Conspiracy Theory," and American Constitutionalism

Howard Jay Graham

Wisconsin Historical Society Press, 1968

In 1938, Howard Jay Graham, a deaf law librarian, successfully argued that the authors of the Fourteenth Amendment--ratified after the American Civil War to establish equal protection under the law for all American citizens regardless of race--were motivated by abolitionist fervor, debunking the notion of a corporate conspiracy at the heart of the amendment's wording. For over half a century, the amendment had been used to endow corporations with rights as individuals and thus protect them from state legislation. By 1968, when Everyman's Constitution was first published, the Fourteenth Amendment had become a tool for the incorporation of the Bill of Rights to apply to all American citizens. The essays in this reprinted edition are still relevant as the nation continues to interpret our framing legislation in light of the concerns of today and to balance citizens' rights against those of corporations. Howard Jay Graham was a law librarian brought in by the NAACP's legal team to write a brief on the Fourteenth Amendment for the Supreme Court case Brown v. Board of Education. Though the Supreme Court justices ruled in favor of the NAACP based on the sociological rather than historical evidence it provided, Graham's work, published in various law journals over several decades, contributed greatly to the ongoing interpretation of the Fourteenth Amendment.
[more]
cover of Everyone against Us: Public Defenders and the Making of American Justice

Everyone against Us

Public Defenders and the Making of American Justice

Allen Goodman

University of Chicago Press, 2023

A former public defender testifies to the vivid human suffering at the heart of America’s criminal justice system.
 

As a public defender, Allen Goodman faced cross-examination from family and friends every day: How could he work to help criminals? How could he live with himself? Presumed guilty by association, Goodman quickly learned that people didn’t really want an answer; they wanted a justification, perhaps even an apology. Ever the idealist, Goodman answered anyway: Everyone deserves justice.

Everyone against Us is Goodman’s testimony of his life as a public defender. In it, he documents his efforts to defend clients, both guilty and innocent, against routine police abuse, prosecutorial misconduct, and unjust sentencing. To work in criminal justice, Goodman shows, is to confront and combat vivid human suffering, of both victims and perpetrators. From sex trafficking, murder, and abuse to false conviction, torture, and systemic racism, Goodman describes the daily experiences that both rattled his worldview and motivated him to work ever harder. Part memoir, part exposé, Everyone against Us is the moving story of an embattled civil servant who staves off the worst abuses of the criminal justice system, at great personal cost.
[more]
cover of Evidence and Inference in History and Law: Interdisciplinary Dialogues

Evidence and Inference in History and Law

Interdisciplinary Dialogues

William Twining and Ian Hampsher-Monk

Northwestern University Press, 2003

Northwestern University Press co-published William Twining's Rethinking Evidence in 1994 and Analysis of Evidence in 1998. This new volume, Evidence and Inference, is an interdisciplinary volume exploring the application of techniques of evidence and inference across a variety of fields.

Coedited by Twining, one of the world's outstanding evidence scholars, and Iain Hampsher-Monk, a leading political theorist, the volume considers intriguing questions from Assyriology, theater iconography, musicology, criminology, the history of ideas, and colonial history as it reveals how particular concepts, lines of questioning, and techniques of reasoning and analysis developed in one context can be fruitfully applied in others. Did cuneiform languages really die out in the second or third century B.C.? Was Schubert responsible for any of the guitar arrangements for some of his lieder? In these cases and others, the authors' work demonstrates that, regardless of the field or the problem, all such projects involve drawing inferences from evidence, and that the logic of this kind of inquiry is always governed by the same principles.
[more]
cover of Evidence of the Law: Proving Legal Claims

Evidence of the Law

Proving Legal Claims

Gary Lawson

University of Chicago Press, 2017

How does one prove the law? If your neighbor breaks your window, the law regulates how you can show your claim to be true or false; but how do you prove that in breaking your window your neighbor has broken the law? American jurisprudence devotes an elaborate body of doctrine—and an equally elaborate body of accompanying scholarly commentary—to worrying about how to prove facts. It establishes rules for the admissibility of evidence, creates varying standards of proof, and assigns burdens of proof that determine who wins or loses when the facts are unclear. But the law is shockingly inexplicit when addressing these issues with respect to the proof of legal claims. Indeed, the entire language of evidentiary proof, so sophisticated when it comes to questions of fact, is largely absent from the American legal system with respect to questions of law.

As Gary Lawson shows, legal claims are inherently objects of proof, and whether or not the law acknowledges the point openly, proof of legal claims is just a special case of the more general norms governing proof of any claim. As a result, similar principles of evidentiary admissibility, standards of proof, and burdens of proof operate, and must operate, in the background of claims about the law. This book brings these evidentiary principles for proving law out of the shadows so that they can be analyzed, clarified, and discussed. Viewing legal problems through this lens of proof illuminates debates about everything from constitutional interpretation to the role of stipulations in litigation. Rather than prescribe resolutions to any of those debates, Evidence of the Law instead provides a set of tools that can be used to make those debates more fruitful, whatever one’s substantive views may be. As lawyers, judges, and legal subjects confront uncertainty about what the law is, they can, should, and must, Lawson argues, be guided by the same kinds of abstract considerations, structures, and doctrines long used to make determinations about questions of fact.
[more]
cover of Evidence: Its Meanings in Health Care and in Law, Volume 26

Evidence

Its Meanings in Health Care and in Law, Volume 26

Mark Peterson, ed.

Duke University Press, 0

Evidence: Its Meanings in Health Care and in Law examines the ways in which scientists, clinical practitioners, judges, legal scholars, and juries interpret and use evidence. The articles find that the concept and attributes of "evidence" depend on where one sits. They recognize the time-honored legal and medical science interpretation and operationalization of "evidence" while, at the same time, acknowledging that the health care system and the legal system would each benefit by sustained efforts of mutual education of practitioners in both fields. 
[more]
cover of Evolving Constitutional Rights: The Roberts Court and Criminal Justice

Evolving Constitutional Rights

The Roberts Court and Criminal Justice

Christopher E. Smith, Michael A. McCall, and Madhavi M. McCall

Southern Illinois University Press, 2025

Illuminating continuity and change in Supreme Court decisions

Evolving Constitutional Rights: The Roberts Court and Criminal Justice offers a compelling and in-depth analysis of how the U.S. Supreme Court has reshaped constitutional protections under Chief Justice John Roberts. Authors Christopher E. Smith, Michael A. McCall, and Madhavi M. McCall examine the Court’s significant decisions from 2005 to Justice Breyer’s retirement in 2022, revealing a complex judicial landscape where traditional doctrines are revised and fundamental rights are redefined.

The Roberts Court played a decisive role in some of the most contentious issues in American law. Due to several justices’ application of originalist interpretations, its rulings have reconfigured key constitutional protections—often in ways that expand the authority of law enforcement while constraining legislative power over criminal statutes. The trajectory of the Court’s conservative supermajority raises pressing questions about the future of constitutional rights.

Taking a rigorous yet accessible approach, Evolving Constitutional Rights breaks down the Court’s influence across the full spectrum of criminal justice issues, from sentencing and trial rights to search-and-seizure protections, Miranda warnings, and corrections policies. Using both legal and empirical analysis, the authors track patterns in judicial ideology, uncovering how the Roberts Court has not only reinforced conservative principles but also unexpectedly broadened rights in areas such as digital privacy and defense counsel obligations.

This timely and insightful book goes beyond historical rulings to offer a forward-looking perspective on the Supreme Court’s role in shaping public safety, legal precedent, and the balance of power in American government. Essential reading for legal scholars, policymakers, and anyone concerned with the future of constitutional rights, this new volume provides a clear and authoritative examination of the Roberts Court’s lasting impact on American law.

[more]
cover of Executing Freedom: The Cultural Life of Capital Punishment in the United States

Executing Freedom

The Cultural Life of Capital Punishment in the United States

Daniel LaChance

University of Chicago Press, 2016

In the mid-1990s, as public trust in big government was near an all-time low, 80% of Americans told Gallup that they supported the death penalty. Why did people who didn’t trust government to regulate the economy or provide daily services nonetheless believe that it should have the power to put its citizens to death?

That question is at the heart of Executing Freedom, a powerful, wide-ranging examination of the place of the death penalty in American culture and how it has changed over the years. Drawing on an array of sources, including congressional hearings and campaign speeches, true crime classics like In Cold Blood, and films like Dead Man Walking, Daniel LaChance shows how attitudes toward the death penalty have reflected broader shifts in Americans’ thinking about the relationship between the individual and the state. Emerging from the height of 1970s disillusion, the simplicity and moral power of the death penalty became a potent symbol for many Americans of what government could do—and LaChance argues, fascinatingly, that it’s the very failure of capital punishment to live up to that mythology that could prove its eventual undoing in the United States.
[more]
cover of Exiled Home: Salvadoran Transnational Youth in the Aftermath of Violence

Exiled Home

Salvadoran Transnational Youth in the Aftermath of Violence

Susan Bibler Coutin

Duke University Press, 2016

In Exiled Home, Susan Bibler Coutin recounts the experiences of Salvadoran children who migrated with their families to the United States during the 1980–1992 civil war. Because of their youth and the violence they left behind, as well as their uncertain legal status in the United States, many grew up with distant memories of El Salvador and a profound sense of disjuncture in their adopted homeland. Through interviews in both countries, Coutin examines how they sought to understand and overcome the trauma of war and displacement through such strategies as recording community histories, advocating for undocumented immigrants, forging new relationships with the Salvadoran state, and, for those deported from the United States, reconstructing their lives in El Salvador. In focusing on the case of Salvadoran youth, Coutin’s nuanced analysis shows how the violence associated with migration can be countered through practices that recuperate historical memory while also reclaiming national membership.
 
[more]
cover of Expanding Intellectual Property: Copyrights and Patents in 20th Century Europe and beyond

Expanding Intellectual Property

Copyrights and Patents in 20th Century Europe and beyond

Augusta Dimou

Central European University Press, 2017

The book deals with the expansion and institutionalization of intellectual property norms in the twentieth century, with a European focus. Its thirteen chapters revolve around the transfer, adaptation and the ambivalence of legal transplants in the interface between national and international projects, trends and contexts. The first part discusses the institutionalization of copyright and patent law in the frame- work of the bigger political and economic projects of the twentieth century. The second and third parts of the collection review relevant processes in the communist regimes and the post-communist societies, respectively. The essays point at processes of enculturation, trans-nationalization and universalization of norms, as well as practices of incorporation and resistance. The contributors lay a particular emphasis on the role and activity of social actors in the establishment and validation of intellectual property norms and regimes, from the function of experts and creation of expert cultures to the compelling power of popular street protests.
[more]
cover of Experiencing Other Minds in the Courtroom

Experiencing Other Minds in the Courtroom

Neal Feigenson

University of Chicago Press, 2016

Sometimes the outcome of a lawsuit depends upon sensations known only to the person who experiences them, such as the buzzing sound heard by a plaintiff who suffers from tinnitus after an accident. Lawyers, litigants, and expert witnesses are now seeking to re-create these sensations in the courtroom, using digital technologies to simulate litigants’ subjective experiences and thus to help jurors know—not merely know about—what it is like to be inside a litigant’s mind. But with this novel type of evidence comes a host of questions: Can anyone really know what it is like to have another person’s sensory experiences? Why should courts allow jurors to see or hear these simulations? And how might this evidence alter the ways in which judges and jurors do justice?

In Experiencing Other Minds in the Courtroom, Neal Feigenson turns the courtroom into a forum for exploring the profound philosophical, psychological, and legal ramifications of our efforts to know what other people’s conscious experiences are truly like. Drawing on disciplines ranging from cognitive psychology to psychophysics to media studies, Feigenson harnesses real examples of digitally simulated subjective perceptions to explain how the epistemological value of this evidence is affected by who creates it, how it is made, and how it is presented. Through his close scrutiny of the different kinds of simulations and the different knowledge claims they make, Feigenson is able to suggest best practices for how we might responsibly incorporate such evidence into the courtroom.
[more]
cover of Expert Legal Writing

Expert Legal Writing

By Teresa Ross LeClercq

University of Texas Press, 1995

For many years, Terri LeClercq's "Legal Writing" column in the Texas Bar Journal helped polish the prose of lawyers and law students, judges and clerks, paralegals, writing instructors, and legal secretaries. This book collects all the advice she has given in her columns into one authoritative guide for expert legal writing. LeClercq covers everything a legal writer needs to know, from the mechanics of grammar and punctuation to the finer points of style, organization, and clarity of meaning. With her practical, readable, and often humorous advice, those who prepare legal documents can rid their prose of mind-numbing "legalese" and write with the clarity and precision that characterize the very best legal writing.

[more]
cover of Exploiting the Wilderness: An Analysis of Wildlife Crime

Exploiting the Wilderness

An Analysis of Wildlife Crime

Greg L. Warchol

Temple University Press, 2017

Illegally harvested ivory and endangered plants, mammals, reptiles, birds, and even insects are easily found for sale throughout East and Southern Africa. And this is just one part of the multi-billion-dollar illegal global trade in wildlife. 

Wildlife is an important and even vital asset for both intrinsic and economic reasons. Yet it is illegally exploited on a massive scale to the point where some species now risk extinction. Exploiting the Wilderness provides a concise overview of this shameful business, describing some of the main species being exploited and examining select wildlife whose survival is imperiled due to heavy pressure from poachers to meet consumer demand. 

Greg Warchol draws on his firsthand experience and research in Africa to examine the structure and operation of the illegal trade in wildlife. He identifies the participants as well as their motivations and operations, and explains the behavior of poachers, traffickers, and consumers of illegally obtained goods. He concludes with a description of legislative and law enforcement efforts to control and prevent wildlife exploitation along with a number of contemporary conservation initiatives designed to improve the ability of rangers to protect wildlife.

[more]
cover of Exploring the Nature of Law: Thomistic Juridical Realism and the Elements of Law's Ontology

Exploring the Nature of Law

Thomistic Juridical Realism and the Elements of Law's Ontology

Petar Popovic

Catholic University of America Press, 2025

This is a book about the nature of the reality or the phenomenon referred to as “law” by lawyers and legal officials, but also by members of communities living under law, to the extent that they conceptualize the realm of “law” as something sufficiently distinguishable from other different or broader realities and phenomena. The book belongs to the legal-philosophical field dedicated to the study of the very nature of law, that is, to the most basic or abstract part of the philosophy of law, which is sometimes referred to as “the philosophy of philosophy of law” or “general jurisprudence.” The scope of the book is to explore the essential features of law’s nature, namely, all those realities that pertain to law’s essence, the properties that make law into what it is. Despite the fact of plurality of legal-philosophical conceptions of law circulating in legal theory today, the book is optimistic about the very prospect of exploring the nature of law. It maintains that law has an essence and that it is possible to explore and describe this unique essence in an intelligible and reasonably detailed fashion, by identifying the basic elements of law’s ontology. The book advances the claim that Aquinas’s account of legal ontology denotes the most accurate understanding of the phenomenon that we call “law”—which the Angelic Doctor referred to as ius, constituted as such on the basis of the various manifestations of lex. Aquinas’s approach to understanding law’s nature that can be labeled “Thomistic juridical realism” and it may be categorized as a version of a natural-law theory of law. The book argues that a contemporary reading of Aquinas may indeed fruitfully contribute to an improved understanding of our present-day legal-philosophical analyses and discussions on the nature of law.
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