1917 books match the query 'Law' and 55 start with f

cover of Facing the Future: The Indian Child Welfare Act at 30

Facing the Future

The Indian Child Welfare Act at 30

Matthew L.M. Fletcher

Michigan State University Press, 2009

The U.S. Congress is charged with responsibility for the protection and preservation of American Indian tribes, including Indian children. In 1978, Congress enacted the Indian Child Welfare Act (ICWA), with the intent to "protect the best interests of Indian children and to promote the stability and security of Indian tribes and families." ICWA sets federal requirements that apply to state child custody proceedings involving an Indian child who is a member of or eligible for membership in a federally recognized tribe. ICWA also sets out federal requirements regarding removal of Indian children and their placement in foster or adoptive homes, and it allows the child's tribe to intervene in the case.
     The history of the Act is a tangle of legal, social, and emotional complications. Some state courts have found unusual legal arguments to avoid applying the law, while some states have gone beyond the terms of the Act to provide greater protections for Indian people. This collection brings together for the first time a multidisciplinary assessment of the law—with scholars, practitioners, lawyers, and social workers all offering perspectives on the value and importance of the Indian Child Welfare Act.

[more]
cover of Fact and Fancy in Television Regulation: An Economic Study of Policy Alternatives

Fact and Fancy in Television Regulation

An Economic Study of Policy Alternatives

Harvey J. Levin

Russell Sage Foundation, 1980

How diverse can, and should, TV programming be? And especially, in what precise ways does governmental regulation of TV affect (or fail to affect) the programs station owners produce—programs which, in the final analysis, shape in such large measure the values of Americans? It is to these timely and beguiling questions that Harvey Levin addresses his dispassionate assessment of the complex relationship between government and the TV industry. Analyzing data drawn from the history of the FCC's regulatory decisions, as well as from interviews with numerous government and industry officials, Professor Levin shows how the present form of restrictive governmental regulation almost always results in higher profits and rents for TV stations, with no concomitant increase in programming diversity. In addition, Professor Levin investigates various other aspects of the media market, from the particular kinds of crucial decisions that are made when, for example, a newspaper owns a TV station, to the kinds of problems that arise when commercial rents are taxed to fund public TV; from the brand of programming we are offered when a monopoly controls a given TV market to the nature of programming in a situation of steady and fair competition. Following a comprehensive assessment, the author makes a compelling case for diversification of station ownership, in order to be "safe rather than sorry." He also argues for the entry of new stations, more extensive support of public TV, and some form of quantitative program requirements—all of which will help bring about greater program diversity. Professor Levin's volume provides us with a fully documented and sharply focused analysis of the theories, policies, and problems of one of the most powerful and misunderstood of contemporary institutions.
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cover of Failing Law Schools

Failing Law Schools

Brian Z. Tamanaha

University of Chicago Press, 2012

On the surface, law schools today are thriving. Enrollments are on the rise, and their resources are often the envy of every other university department. Law professors are among the highest paid and play key roles as public intellectuals, advisers, and government officials. Yet behind the flourishing facade, law schools are failing abjectly. Recent front-page stories have detailed widespread dubious practices, including false reporting of LSAT and GPA scores, misleading placement reports, and the fundamental failure to prepare graduates to enter the profession.

Addressing all these problems and more in a ringing critique is renowned legal scholar Brian Z. Tamanaha. Piece by piece, Tamanaha lays out the how and why of the crisis and the likely consequences if the current trend continues. The out-of-pocket cost of obtaining a law degree at many schools now approaches $200,000. The average law school graduate’s debt is around $100,000—the highest it has ever been—while the legal job market is the worst in decades, with the scarce jobs offering starting salaries well below what is needed to handle such a debt load. At the heart of the problem, Tamanaha argues, are the economic demands and competitive pressures on law schools—driven by competition over U.S. News and World Report ranking. When paired with a lack of regulatory oversight, the work environment of professors, the limited information available to prospective students, and loan-based tuition financing, the result is a system that is fundamentally unsustainable.

Growing concern with the crisis in legal education has led to high-profile coverage in the Wall Street Journal and the New York Times, and many observers expect it soon will be the focus of congressional scrutiny. Bringing to the table his years of experience from within the legal academy, Tamanaha has provided the perfect resource for assessing what’s wrong with law schools and figuring out how to fix them.

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cover of Faith in Paper: The Ethnohistory and Litigation of Upper Great Lakes Indian Treaties

Faith in Paper

The Ethnohistory and Litigation of Upper Great Lakes Indian Treaties

Charles E. Cleland

University of Michigan Press, 2011

Faith in Paper is about the reinstitution of Indian treaty rights in the Upper Great Lakes region during the last quarter of the 20th century. The book focuses on the treaties and legal cases that together
have awakened a new day in Native American sovereignty and established the place of Indian tribes on the modern political landscape.
 
In addition to discussing the historic development of Indian treaties and their social and legal context, Charles E. Cleland outlines specific treaties litigated in modern courts as well as the impact of treaty litigation on the modern Indian and non-Indian communities of the region. Faith in Paper is both an important contribution to the scholarship of Indian legal matters and a rich resource for Indians
themselves as they strive to retain or regain rights that have eroded over the years.
 
Charles E. Cleland is Michigan State University Emeritus Professor of Anthropology and Curator of Anthropology and Ethnology. He has been an expert witness in numerous Native American land claims and fishing rights cases and written a number of other books on the subject, including Rites of Conquest: The History and Culture of Michigan's Native Americans; The Place of the Pike (Gnoozhekaaning): A History of the Bay Mills Indian Community; and (as a contributor) Fish in the Lakes, Wild Rice, and Game in Abundance: Testimony on Behalf of Mille Lacs Ojibwe Hunting and Fishing Rights.
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cover of Faking Liberties: Religious Freedom in American-Occupied Japan

Faking Liberties

Religious Freedom in American-Occupied Japan

Jolyon Baraka Thomas

University of Chicago Press, 2019

Religious freedom is a founding tenet of the United States, and it has frequently been used to justify policies towards other nations. Such was the case in 1945 when Americans occupied Japan following World War II. Though the Japanese constitution had guaranteed freedom of religion since 1889, the United States declared that protection faulty, and when the occupation ended in 1952, they claimed to have successfully replaced it with “real” religious freedom.

Through a fresh analysis of pre-war Japanese law, Jolyon Baraka Thomas demonstrates that the occupiers’ triumphant narrative obscured salient Japanese political debates about religious freedom. Indeed, Thomas reveals that American occupiers also vehemently disagreed about the topic. By reconstructing these vibrant debates, Faking Liberties unsettles any notion of American authorship and imposition of religious freedom. Instead, Thomas shows that, during the Occupation, a dialogue about freedom of religion ensued that constructed a new global set of political norms that continue to form policies today.
[more]
cover of Fall Guys: False Confessions and the Politics of Murder

Fall Guys

False Confessions and the Politics of Murder

Jim Fisher

Southern Illinois University Press, 1996

Jim Fisher, criminal justice professor and former FBI agent, reveals how he uncovered the framing of two boys in a pair of unrelated murders committed in 1956 and 1958.

In the first of the cases, eleven-year-old Charlie Zubryd confessed that at the age of eight, he had murdered his widowed mother by driving a hatchet into her skull. The crime was committed in the basement of the modest Zubryd home in a rural section of Sewickley Township in western Pennsylvania, an area not far from Pittsburgh. Following intense police questioning, young Zubryd confessed to the crime in March 1959, a full twenty-eight months after the bloody murder of his mother.

Too young to prosecute, Charlie Zubryd was adopted after his confession and a brief stay in a mental ward. A childless couple gave Zubryd a new name and identity. It would be twenty years before Charlie Zubryd—now going by the name Chuck Duffy—would have any contact with his biological family.

When Zubryd/Duffy made an effort to get his real family back, he was rejected because his relatives still believed he had murdered his mother. In fact, until Fisher began to investigate the case in 1989, Chuck Duffy himself was not sure he had not killed his mother during some kind of mental blackout.

The second murder occurred in 1958, two years after the Zubryd case. Thirteen-year-old Jerry Pacek endured forty-one hours of police grilling before he confessed to raping and killing fifty-year-old Lillian Steveck as she walked home one evening from a bus stop in Breckenridge, Pennsylvania. Pacek told the same Allegheny County homicide detective who had framed Charlie Zubryd that he had killed the woman with a variety of blunt objects, none of which were ever found. The thirteen-year-old boy was tried and convicted of the murder the following spring. He was sent to Camp Hill Prison, where he remained incarcerated for ten years.

Fisher’s investigation cleared the names of both the wrongfully accused boys. Because of his investigation, the Zubryd case was reopened, which led to the identification of a vicious killer. In 1991, Fisher’s investigative efforts convinced the governor of Pennsylvania to grant a full pardon to Jerry Pacek, who as a teenager had served ten years in an adult prison for a murder he had not committed.

Jim Fisher and the Zubryd and Pacek stories have been featured on a number of nationally broadcast television programs.

[more]
cover of Fallout: Nuclear Diplomacy in an Age of Global Fracture

Fallout

Nuclear Diplomacy in an Age of Global Fracture

Grégoire Mallard

University of Chicago Press, 2014

Many Baby Boomers still recall crouching under their grade-school desks in frequent bomb drills during the Cuban Missile Crisis—a clear representation of how terrified the United States was of nuclear war.  Thus far, we have succeeded in preventing such catastrophe, and this is partly due to the various treaties signed in the 1960s forswearing the use of nuclear technology for military purposes.

In Fallout, Grégoire Mallard seeks to understand why some nations agreed to these limitations of their sovereign will—and why others decidedly did not.  He builds his investigation around the 1968 signing of the Nuclear Nonproliferation Treaty (NPT), which, though binding in nature, wasn’t adhered to consistently by all signatory nations. Mallard looks at Europe’s observance of treaty rules in contrast to the three holdouts in the global nonproliferation regime: Israel, India, and Pakistan. He seeks to find reasons for these discrepancies, and makes the compelling case that who wrote the treaty and how the rules were written—whether transparently, ambiguously, or opaquely—had major significance in how the rules were interpreted and whether they were then followed or dismissed as regimes changed. In honing in on this important piece of the story, Mallard not only provides a new perspective on our diplomatic history, but, more significantly, draws important conclusions about potential conditions that could facilitate the inclusion of the remaining NPT holdouts. Fallout is an important and timely book sure to be of interest to policy makers, activists, and concerned citizens alike.
[more]
cover of Family Law Matters

Family Law Matters

Katherine O'Donovan

Pluto Press, 1993

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cover of Family and Disability Activism: Beyond Allies and Obstacles

Family and Disability Activism

Beyond Allies and Obstacles

Edited by Pamela Block, Allison C. Carey, and Richard K. Scotch

Temple University Press, 2025

In 2020, Pamela Block, Allison C. Carey, and Richard K. Scotch published Allies and Obstacles, which examined the tensions and connections between disability activism and parents of children with disabilities. In Family and Disability Activism, they continue to examine these issues with a focus on the path-breaking advocacy by marginalized activists with intersectional lived experiences.

Family and Disability Activism reveals how families and disabled people who identify as BIPOC and/or LGBTQIA2S+ understand issues of rights versus justice. Contributions by Deaf and disabled activists emphasize the frequent need for either care or independence. Other chapters show how members of the disabled community and their families must navigate systemic issues of segregation, institutionalization, and access to special education services differently depending on their ethnic and racial identities.

Expanding the conversation about disability, kinship, biological and chosen families, and activism, this volume amplifies important voices in the fight for disability rights.

Contributors: Erin Compton, Diane Compton, Jaclyn Ellis, Laura LeBrun Hatcher, Elena Hung, Bridget Liang, Jenelle Rouse, Cheryl Najarian Souza, Jeneva Stone, Roger A. Stone, Lisette E. Torres, Grace Tsao, and the editors
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cover of Family, Law, and Community: Supporting the Covenant

Family, Law, and Community

Supporting the Covenant

Margaret F. Brinig

University of Chicago Press, 2010

In the wake of vast social and economic changes, the nuclear family has lost its dominance, both as an ideal and in practice. Some welcome this shift, while others see civilization itself in peril—but few move beyond ideology to develop a nuanced understanding of how families function in society. In this provocative book, Margaret F. Brinig draws on research from a variety of disciplines to offer a distinctive study of family dynamics and social policy.

Concentrating on legal reform, Brinig examines a range of subjects, including cohabitation, custody, grandparent visitation, and domestic violence. She concludes that conventional legal reforms and the social programs they engender ignore social capital: the trust and support given to families by a community. Traditional families generate much more social capital than nontraditional ones, Brinig concludes, which leads to clear rewards for the children. Firmly grounded in empirical research, Family, Law, and Community argues that family policy can only be effective if it is guided by an understanding of the importance of social capital and the advantages held by families that accrue it.

[more]
cover of Fathers Under Fire: The Revolution in Child Support Enforcement

Fathers Under Fire

The Revolution in Child Support Enforcement

Irwin Garfinkel

Russell Sage Foundation, 1998

"This important and highly informative collection of studies on nonresidentfathers and child support should be of great value to scholars and policymakers alike." —American Journal of Sociology Over half of America's children will live apart from their fathers at some point as they grow up, many in the single-mother households that increasingly make up the nation's poor. Federal efforts to improve the collection of child support from fathers appear to have little effect on payments, and many critics have argued that forcing fathers to pay does more harm than good. Much of the uncertainty surrounding child support policies has stemmed from a lack of hard data on nonresident fathers. Fathers Under Fire presents the best available information on the financial and social circumstances of the men who are at the center of the debate. In this volume, social scientists and legal scholars explore the issues underlying the child support debate, chief among them on the potential repercussions of stronger enforcement. Who are nonresident fathers? This volume calls upon both empirical and theoretical data to describe them across a broad economic and social spectrum. Absentee fathers who do not pay child support are much more likely to be school dropouts and low earners than fathers who pay, and nonresident fathers altogether earn less than resident fathers. Fathers who start new families are not significantly less likely to support previous children. But can we predict what would happen if the government were to impose more rigorous child support laws? The data in this volume offer a clearer understanding of the potential benefits and risks of such policies. In contrast to some fears, stronger enforcement is unlikely to push fathers toward. But it does seem to have more of an effect on whether some fathers remarry and become responsible for new families. In these cases, how are subsequent children affected by a father's pre-existing obligations? Should such fathers be allowed to reduce their child support orders in order to provide for their current families? Should child support guidelines permit modifications in the event of a father's changed financial circumstances? Should government enforce a father's right to see his children as well as his obligation to pay support? What can be done to help under- or unemployed fathers meet their payments? This volume provides the information and insight to answer these questions. The need to help children and reduce the public costs of welfare programs is clear, but the process of achieving these goals is more complex. Fathers Under Fire offers an indispensable resource to those searching for effective and equitable solutions to the problems of child support.
[more]
cover of Fear and the First Amendment: Controversial Cases of the Roberts Court

Fear and the First Amendment

Controversial Cases of the Roberts Court

Kevin A. Johnson and Craig R. Smith

University of Alabama Press, 2024

DISTINGUISHED PUBLICATION AWARD FOR THE NATIONAL COMMUNICATION ASSOCIATION'S COMMUNICATION AND LAW DIVISION

The First Amendment: protected by law, threatened by fear in the Roberts Supreme Court.

In Fear and the First Amendment: Controversial Cases of the Roberts Court, Kevin A. Johnson and Craig R. Smith offer a deeply considered examination of the ways fear figures in First Amendment questions. Bringing together literature on theories of fear in rhetorical and philosophical traditions, Johnson and Smith focus on the rulings from the Roberts Court, which form a pivotal era of dramatic precedents. Each chapter analyzes one or more First Amendment cases and a variety of related fears—whether evidentiary or not—that pertain to a given case.

These cases include Morse v. Frederick, which takes up the competing fears of school administrators’ loss of authority and students’ loss of free speech rights. The authors touch on corporate funding of elections in Citizens United v. Federal Elections Commission, from the fear of corporate influence on electoral politics to corporate fears of alienating their consumers by backing political candidates. They explore religious freedom and fears of homosexuality in Christian Legal Society v. Martinez. Similarly, in Snyder v. Phelps, the authors delve further into fears of God, death, emotional distress, failing as a parent, and losing one’s reputation. Next, they investigate parents’ anxieties about violence in video games in Brown v. Entertainment Merchants Association. Finally, Johnson and Smith examine the role of fear in indecent, obscene, and graphic communication in three cases: FCC v. Fox Television Stations, Ashcroft v. American Civil Liberties Union, and United States v. Stevens.

Together these cases reveal fear to be an endemic factor in the rhetoric of First Amendment cases. This fascinating and original work will appeal to current legal practitioners and students of law, rhetoric, philosophy, and the First Amendment.
 

[more]
cover of Fear of Judging: Sentencing Guidelines in the Federal Courts

Fear of Judging

Sentencing Guidelines in the Federal Courts

Kate Stith and José A. Cabranes

University of Chicago Press, 1998

For two centuries, federal judges exercised wide discretion in criminal sentencing. This changed in 1987, when a hopelessly complex bureaucratic apparatus was imposed on the federal courts. Though termed Sentencing "Guidelines," the new sentencing rules are mandatory. Reformers hoped that the Sentencing Guidelines would address inequities in sentencing. The Guidelines have failed to achieve this goal, according to Kate Stith and José Cabranes, and they have sacrificed comprehensibility and common sense.

Fear of Judging is the first full-scale history, analysis, and critique of the new sentencing regime. The authors show that the present system has burdened the courts, dehumanized the sentencing process, and, by repressing judicial discretion, eroded the constitutional balance of powers. Eschewing ideological or politically oriented critiques of the Guidelines and offering alternatives to the current system, Stith and Cabranes defend a vision of justice that requires judges to perform what has traditionally been considered their central task—exercising judgment.
[more]
cover of Federal Courts in the International Human Rights Paradigm

Federal Courts in the International Human Rights Paradigm

Kenneth C. Randall

Duke University Press, 1990

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cover of Federal Criminal Law Doctrines: The Forgotten Influence of National Prohibition

Federal Criminal Law Doctrines

The Forgotten Influence of National Prohibition

Kenneth M. Murchison

Duke University Press, 1994

This book offers a close look at the development of legal thought during the era of prohibition and documents the impact of prohibition on law as an intellectual discipline. Kenneth M. Murchison examines changes in federal criminal law doctrines from 1918 to 1933 in light of recent historical scholarship on prohibition and its impact on American society. He identifies these federal doctrinal developments as an important but ignored legacy of prohibition and describes how these changes continue to effect contemporary law.
In this detailed examination, Murchison considers a portion of the Supreme Court’s work prior to the New Deal crisis, a period insufficiently considered until now. Among the developments he discusses are those relating to the defense of entrapment, the Fourth Amendment’s protection against unreasonable search and seizure, the Fifth Amendment’s prohibition against double jeopardy, property forfeitures, and the jury trial guarantees for criminal proceedings. His analysis reveals a court less rigid, less consistently divided along modern ideological lines, and more tolerant of governmental authority than traditional wisdom would suggest. Thus, Murchison offers a framework for a revisionist view of the Supreme Court’s activities during this period.
Exploring an important connection between the Eighteenth Amendment, the Volstead Act, and the development of federal criminal law, this book documents what was arguably the nation’s first criminal law revolution at the federal level. Explaining the modern origins of doctrines that still inform federal criminal law, Murchison also provides a case study of how legal doctrine responds to changing social conditions. Federal Criminal Law Doctrines will add immeasurably to the work of historians and legal scholars alike.
[more]
cover of Federal Judges: The Appointing Process

Federal Judges

The Appointing Process

Harold W. Chase

University of Minnesota Press, 1972

Federal Judges was first published in 1972. Minnesota Archive Editions uses digital technology to make long-unavailable books once again accessible, and are published unaltered from the original University of Minnesota Press editions.

Despite the importance of federal judges in the system of American government, relatively little scholarly attention has been directed toward the process of appointing these judges -- how it operates and what types of individuals become judges. Professor Chase analyzes and evaluates the appointing system and makes some provocative proposals for changes which he believes would improve and strengthen the federal judicial system.

The study is concerned with the appointing process as it applies to federal judges below the level of the Supreme Court who receive lifetime appointments. These are the judges who serve in what are known as Article III courts, the courts constituted by Congress in accordance with Article III of the Constitution. They include courts of appeals, district courts, the court of claims, the court of customs and patent appeals, and the customs court.

For this study the author had access to Department of Justice records, and he observed for several months the negotiations and discussions in the department involving the selection of judges by President Kennedy's administration. He conducted extensive interviews with officials in the Kennedy administration as well as with officials in the Eisenhower and Johnson administrations who played leading roles in the appointment of judges. In addition, he interviewed many judges, lawyers, newsmen, and political leaders, as well as a sampling of U.S. senators and most of the recent chairmen of the American Bar Association's Committee on Federal Judiciary.

[more]
cover of Federal Judiciary and Institutional Change

Federal Judiciary and Institutional Change

Deborah J. Barrow, Gary Zuk, and Gerard S. Gryski

University of Michigan Press, 1996

This work focuses on the staffing of the federal district and appellate courts from 1869-1992. Using a large data set that includes information on appointments and voluntary departures, the importance of government control (unified versus divided) to institutional change is showcased.The analysis is divided into three eras (1869-1932, 1933-68, and 1969-92), each of which was dominated by one of the two parties. The nature of partisan transformation of the judiciary in each era is examined, and comparisons across eras are made. The authors scrutinize the approaches of individual presidents to judicial staffing and describe the politics of bench expansion. In addition, they present an intriguing analysis of how judges contribute to change in the partisan complexion of the bench by timing retirements to favor their parties. The Federal Judiciary and Institutional Change is written in the theoretical tradition of neoinstitutionalism. The authors find that the nature of partisan transformation of the Third Branch is very much a function of changes in the institutional environment. This work will be of interest to judicial scholars, especially in political science, as well as legal historians and specialists in American politics drawn to the theme of the importance of unified government.
[more]
cover of Federalism: A Dialogue

Federalism

A Dialogue

David L. Shapiro

Northwestern University Press, 1995

David Shapiro explores the virtues and defects of federalism as it has developed in this country from a variety of perspectives that include historical, constitutional, economic, social, and political considerations. Using the dialectical form adopted by advocates trying a case before a court, Shapiro not only examines the strongest arguments on the two principal sides of the issue but also probes the potential value of the dialectical process itself.
[more]
cover of Feedback Loops: How to Give and Receive High-Quality Feedback

Feedback Loops

How to Give and Receive High-Quality Feedback

Patrick Barry

Michigan Publishing Services, 2023

Learning how to give and receive feedback is fundamental to the development of every student and professional. Yet few of us are ever taught anything like “feedback skills.” 

This book, which is the first in the Feedback Loops series, is designed to change that. Here is what students who have taken the University of Michigan Law School course on which the series is based have said about it:

  • “One of the most memorable and useful classes I have taken in law school!”

  • “Excellent, full stop.”

  • “This class was always a fun highlight of my week.”

[more]
cover of Feeling Like a State: Desire, Denial, and the Recasting of Authority

Feeling Like a State

Desire, Denial, and the Recasting of Authority

Davina Cooper

Duke University Press, 2019

A transformative progressive politics requires the state's reimagining. But how should the state be reimagined, and what can invigorate this process? In Feeling Like a State, Davina Cooper explores the unexpected contribution a legal drama of withdrawal might make to conceptualizing a more socially just, participative state. In recent years, as gay rights have expanded, some conservative Christians—from charities to guesthouse owners and county clerks—have denied people inclusion, goods, and services because of their sexuality. In turn, liberal public bodies have withdrawn contracts, subsidies, and career progression from withholding conservative Christians. Cooper takes up the discourses and practices expressed in this legal conflict to animate and support an account of the state as heterogeneous, plural, and erotic. Arguing for the urgent need to put new imaginative forms into practice, Cooper examines how dissident and experimental institutional thinking materialize as people assert a democratic readiness to recraft the state.
[more]
cover of Female Gladiators: Gender, Law, and Contact Sport in America

Female Gladiators

Gender, Law, and Contact Sport in America

Sarah K. Fields

University of Illinois Press, 2004

Female Gladiators is the first book to examine legal and social battles over the right of women to participate with men in contact sports. The impetus to begin legal proceedings was the 1972 enactment of Title IX, which prohibited discrimination in educational settings, but it was the Equal Protection Clause of the U.S. Constitution and the equal rights amendments of state constitutions that ultimately opened doors. Despite court rulings, however, many in American society resisted—and continue to resist—allowing girls in dugouts and other spaces traditionally defined as male territories. 

Inspired, women and girls began to demand access to the contact sports which society had previously deemed too strenuous or violent for them to play. When the leagues continued to bar girls simply because they were not boys, the girls went to court. Sarah K. Fields's Female Gladiators is the only book to examine the legal and social battles over gender and contact sport that continue to rage today.

[more]
cover of Feminist Post-Liberalism

Feminist Post-Liberalism

Judith A. Baer

Temple University Press, 2020

Feminism and liberalism need each other, argues Judith Baer. Her provocative book, Feminist Post-Liberalism, refutes both conservative and radical critiques. To make her case, she rejects classical liberalism in favor of a welfare—and possibly socialist—post-liberalism that will prevent capitalism and a concentration of power that reinforces male supremacy. Together, feminism and liberalism can better elucidate controversies in American politics, law, and society.

Baer emphasizes that tolerance and self-examination are virtues, but within both feminist and liberal thought these virtues have been carried to extremes. Feminist theory needs liberalism's respect for reason, while liberal theory needs to incorporate emotion. Liberalism focuses too narrowly on the individual, while feminism needs a dose of individualism.

Feminist Post-Liberalism includes anthropological foundations of male dominance to explore topics ranging from crime to cultural appropriation. Baer develops a theory that is true to the principles of both feminist and liberal ideologies.

[more]
cover of Fifty-Eight Lonely Men: Southern Federal Judges and School Desegregation

Fifty-Eight Lonely Men

Southern Federal Judges and School Desegregation

J. W. Peltason

University of Illinois Press, 1971

Originally published in 1961, this still timely book illustrates the role of the judiciary in the solution of a social and political problem. It is unequaled in its description of the plight of federal judges who are charged with carrying out the decisions of the Supreme Court against segregation but who are under constant pressure--social, political, and personal--to speak for the white South. Some have been ostracized by their communities as traitors; others have joined their state legislatures and local school boards in developing elaborate delay strategy to circumvent the Supreme Court's decisions. In his introduction to the first edition former Senator Paul H. Douglas wrote: ". . . a clear and comprehensive account of the legal struggles in the federal courts over segregation and desegregation in the public schools of the nation. It gets behind the newspaper headlines and gives a play-by-play account. . . . This book is indeed full proof of the delays and difficulties of the law and the pressures of local public opinion."
[more]
cover of Fighting for Their Lives: Inside the Experience of Capital Defense Attorneys

Fighting for Their Lives

Inside the Experience of Capital Defense Attorneys

Susannah Sheffer

Vanderbilt University Press, 2013

How do attorneys who represent clients facing the death penalty cope with the stress and trauma of their work? Through conversations with twenty of the most experienced and dedicated post-conviction capital defenders in the United States, Fighting for Their Lives explores this emotional territory for the first time. What it is like for these capital defenders in their last visits or phone calls with clients who are about to be taken to the execution chamber? Or the next mornings, in their lives with their families, in their dreams and flashbacks and moments alone in the car? What is it like to do this work year after year? (These attorneys had, on average, spent nineteen years doing capital defense.)


Through vivid interviews amplified by the author's responses and commentary, these attorneys reveal aspects of their internal experience that they have never talked about until now. How do capital defenders manage the weight of the responsibility they carry? To what extent do they experience symptoms of trauma in the aftermath of losing a client to execution or as a result of the cumulative effects of engaging in capital defense work? What motivates them, and what do they draw upon, in order to keep engaging in such emotionally demanding work? Have they considered practicing other types of law? What can we learn from capital defenders not only about the deep and long-term effects of the death penalty but also about broader human questions of hope, effectiveness, success, failure, strength, fragility, and perseverance?

[more]
cover of Fighting for Their Lives: Inside the Experience of Capital Defense Attorneys

Fighting for Their Lives

Inside the Experience of Capital Defense Attorneys

Susannah Sheffer

Vanderbilt University Press, 2013

How do attorneys who represent clients facing the death penalty cope with the stress and trauma of their work? Through conversations with twenty of the most experienced and dedicated post-conviction capital defenders in the United States, Fighting for Their Lives explores this emotional territory for the first time. What it is like for these capital defenders in their last visits or phone calls with clients who are about to be taken to the execution chamber? Or the next mornings, in their lives with their families, in their dreams and flashbacks and moments alone in the car? What is it like to do this work year after year? (These attorneys had, on average, spent nineteen years doing capital defense.)


Through vivid interviews amplified by the author's responses and commentary, these attorneys reveal aspects of their internal experience that they have never talked about until now. How do capital defenders manage the weight of the responsibility they carry? To what extent do they experience symptoms of trauma in the aftermath of losing a client to execution or as a result of the cumulative effects of engaging in capital defense work? What motivates them, and what do they draw upon, in order to keep engaging in such emotionally demanding work? Have they considered practicing other types of law? What can we learn from capital defenders not only about the deep and long-term effects of the death penalty but also about broader human questions of hope, effectiveness, success, failure, strength, fragility, and perseverance?

[more]
cover of Fighting the Death Penalty: A Fifty-Year Journey of Argument and Persuasion

Fighting the Death Penalty

A Fifty-Year Journey of Argument and Persuasion

Eugene G. Wanger

Michigan State University Press, 2019

Michigan is the only state in the country that has a death penalty prohibition in its constitution—Eugene G. Wanger’s compelling arguments against capital punishment is a large reason it is there. The forty pieces in this volume are writings created or used by the author, who penned the prohibition clause, during his fifty years as a death penalty abolitionist. His extraordinary background in forensics, law, and political activity as constitutional convention delegate and co-chairman of the Michigan Committee Against Capital Punishment has produced a remarkable collection. It is not only a fifty-year history of the anti–death penalty argument in America, it also is a detailed and challenging example of how the argument against capital punishment may be successfully made.
 
 
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cover of Finding the Answers to Legal Questions

Finding the Answers to Legal Questions

Virginia M. Tucker

American Library Association, 2017

[more]
cover of Finding the Answers to Legal Questions: A How-To-Do-It Manual

Finding the Answers to Legal Questions

A How-To-Do-It Manual

American Library Association, 2011

[more]
cover of Finding the Public Domain: Copyright Review Management System Toolkit

Finding the Public Domain

Copyright Review Management System Toolkit

Melissa Levine, Kristina Eden, Justin Bonfiglio, and Richard Adler

Michigan Publishing Services, 2016

Copyright is meant to do something—several things—to accomplish socially desirable ends. One of those ends is to create a space for a free exchange of ideas that allows us to build upon a universe of expression that came before. 
How can I tell if something is in the public domain? This is the central question addressed daily by the Copyright Review Management System (CRMS) project. It is a special question and one essential to the social bargain that society has struck with authors and rights holders.
 
It is also a deceptively simple question. There should be a straightforward answer, especially for books. It should be easy to know when something is—or is not—subject to copyright. And yet, in an age of absolute fluidity of media and medium, even plain old books can be highly complex embodiments of copyright. We need to make it easier to ascertain whether a work is in the public domain. If the rights of copyright holders are to be respected and valued as part of the social bargain, the public domain as a matter of copyright law should be ascertainable and enjoyed
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Given this complexity, consider the determination of the copyright status of a given creative work as a design problem. How do we move the copyright status of works in the collections of our libraries, museums, and archives from confusion and uncertainty to clarity and opportunity? Working over a span of nearly eight years, the University of Michigan Library received three grants from the Institute of Museum and Library Services (IMLS) to generously fund CRMS, a cooperative effort by partner research libraries to identify books in the public domain in HathiTrust. The Toolkit is a resource that aims to allow others to understand and replicate the work done by CRMS.
 
 
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cover of First Amendment Studies in Arkansas: The Richard S. Arnold Prize Essays

First Amendment Studies in Arkansas

The Richard S. Arnold Prize Essays

Stephen Smith

University of Arkansas Press, 2016

This collection of fourteen essays written by young communication scholars at the University of Arkansas presents unique insights into how First Amendment issues have played out in the state. Rather than exploring the particular legal issues and the constitutional principles enunciated by the courts, First Amendment Studies tells the stories of actual people expressing challenged or unpopular points of view and reveals the ways that constitutional controversies arise from the actions of local officials and individual citizens.

Drawing on public documents as well as extensive interviews with participants, these essays demonstrate the dynamics of democratic dissent—on college campuses, in public schools, in churches, on the streets, in the forests and on the farms, and in legislative chambers and courtrooms.

Each essay was selected for the Richard S. Arnold Prize in First Amendment Studies, an endowed fund established in 1999 to encourage University of Arkansas graduate students in communication and the liberal arts to explore and examine questions about freedom of speech and freedom of religion.
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cover of Fish in the Lakes, Wild Rice, and Game in Abundance: Testimony on Behalf of Mille Lacs Ojibwe Hunting and Fishing Rights

Fish in the Lakes, Wild Rice, and Game in Abundance

Testimony on Behalf of Mille Lacs Ojibwe Hunting and Fishing Rights

Edited by James M. McClurken

Michigan State University Press, 2000

On 13 August 1990 members of the Mille Lacs Band of Ojibwe filed a lawsuit against the State of Minnesota for interfering with the hunting, fishing, and gathering rights that had been guaranteed to them in an 1837 treaty with the United States. In order to interpret the treaty the courts had to consider historical circumstances, the intentions of the parties, and the treaty's implementation. The Mille Lacs Band faced a mammoth challenge. How does one argue the Native side of the case when all historical documentation was written by non- Natives? The Mille Lacs selected six scholars to testify for them. Published here for the first time, Charles Cleland, James McClurken, Helen Tanner, John Nichols, Thomas Lund, and Bruce White discuss the circumstances under which the treaty was written, the personalities involved in the negotiations and the legal rhetoric of the times, as well as analyze related legal conflicts between Natives and non- Natives. Justice Sandra Day O'Connor delivered the 1999 Opinion of the [United States Supreme] Court.

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cover of Fitting the Facts of Crime: An Invitation to Biopsychosocial Criminology

Fitting the Facts of Crime

An Invitation to Biopsychosocial Criminology

Chad Posick, Michael Rocque, and J.C. Barnes

Temple University Press, 2022

Biosocial criminology—and biosocial criminologists—focuses on both the environmental and biological factors that contribute to antisocial behavior. Importantly, these two domains are not separate parts of an equation but pieces of the same puzzle that fit together for a complete picture of the causes of crime/antisocial behavior. 

Fitting the Facts of Crime applies a biopsychosocial lens to the “13 facts of crime” identified by John Braithwaite in his classic book, Crime, Shame and Reintegration. The authors unpack established facts—about gender and sex, age, environment, education, class, social bonds and associations, stress, and other influences—providing both empirical research and evidence from biopsychosocial criminology to address the etiology behind these facts and exactly how they are related to deviant behavior.

With their approach, the authors show how biopsychosocial criminology can be a unifying framework to enrich our understanding of the most robust and well-established topics in the field. In so doing, they demonstrate how biological and psychological findings can be responsibly combined with social theories to lend new insight into existing inquiries and solutions. Designed to become a standard text for criminology in general, Fitting the Facts of Crime introduces key concepts and applies them to real-world situations.

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cover of Flunking Democracy: Schools, Courts, and Civic Participation

Flunking Democracy

Schools, Courts, and Civic Participation

Michael A. Rebell

University of Chicago Press, 2018

The 2016 presidential election campaign and its aftermath have underscored worrisome trends in the present state of our democracy: the extreme polarization of the electorate, the dismissal of people with opposing views, and the widespread acceptance and circulation of one-sided and factually erroneous information. Only a small proportion of those who are eligible actually vote, and a declining number of citizens actively participate in local community activities.

In Flunking Democracy, Michael A. Rebell makes the case that this is not a recent problem, but rather that for generations now, America’s schools have systematically failed to prepare students to be capable citizens. Rebell analyzes the causes of this failure, provides a detailed analysis of what we know about how to prepare students for productive citizenship, and considers examples of best practices. Rebell further argues that this civic decline is also a legal failure—a gross violation of both federal and state constitutions that can only be addressed by the courts. Flunking Democracy concludes with specific recommendations for how the courts can and should address this deficiency, and is essential reading for anyone interested in education, the law, and democratic society.
[more]
cover of Foreign in a Domestic Sense: Puerto Rico, American Expansion, and the Constitution

Foreign in a Domestic Sense

Puerto Rico, American Expansion, and the Constitution

Christina Duffy Burnett and Burke Marshall, eds.

Duke University Press, 2001

In this groundbreaking study of American imperialism, leading legal scholars address the problem of the U.S. territories. Foreign in a Domestic Sense will redefine the boundaries of constitutional scholarship.

More than four million U.S. citizens currently live in five “unincorporated” U.S. territories. The inhabitants of these vestiges of an American empire are denied full representation in Congress and cannot vote in presidential elections. Focusing on Puerto Rico, the largest and most populous of the territories, Foreign in a Domestic Sense sheds much-needed light on the United States’ unfinished colonial experiment and its legacy of racially rooted imperialism, while insisting on the centrality of these “marginal” regions in any serious treatment of American constitutional history. For one hundred years, Puerto Ricans have struggled to define their place in a nation that neither wants them nor wants to let them go. They are caught in a debate too politicized to yield meaningful answers. Meanwhile, doubts concerning the constitutionality of keeping colonies have languished on the margins of mainstream scholarship, overlooked by scholars outside the island and ignored by the nation at large.
This book does more than simply fill a glaring omission in the study of race, cultural identity, and the Constitution; it also makes a crucial contribution to the study of American federalism, serves as a foundation for substantive debate on Puerto Rico’s status, and meets an urgent need for dialogue on territorial status between the mainland and the territories.

Contributors. José Julián Álvarez González, Roberto Aponte Toro, Christina Duffy Burnett, José A. Cabranes, Sanford Levinson, Burke Marshall, Gerald L. Neuman, Angel R. Oquendo, Juan Perea, Efrén Rivera Ramos, Rogers M. Smith, E. Robert Statham Jr., Brook Thomas, Richard Thornburgh, Juan R. Torruella, José Trías Monge, Mark Tushnet, Mark Weiner

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cover of Forensic Epidemiology: A Comprehensive Guide for Legal and Epidemiology Professionals

Forensic Epidemiology

A Comprehensive Guide for Legal and Epidemiology Professionals

Sana Loue

Southern Illinois University Press, 1999

Sana Loue explores the concepts of legal and epidemiological causation, the use of epidemiological data based on populations to determine causation in an individual case, and the use of epidemiological evidence in litigation, including the reliance on experts and expert witnesses.

Loue provides a guide for the attorney with little or no background in epidemiological theory and for the epidemiologist contemplating a new role as an expert witness. She assumes of her readers a working knowledge of the Federal Rules of Civil Procedure and the Federal Rules of Evidence.

Discussing the epidemiologist as expert witness, Loue covers the nature of that testimony, the purpose of the testimony, and the qualifications necessary to be regarded as an expert witness. She examines various legal theories of causation, primarily in the context of product liability and toxic tort, and addresses epidemiological principles and methods used in the process of causal inference.

Loue also focuses on legal mechanisms used to assess causation. Her concern here is with depositions and testimony and the preparation of epidemiology experts. She concludes her study by comparing the legal and epidemiological concepts of causation, using actual legal cases as examples.

Throughout the text, Loue incorporates excerpts from depositions, interrogatories, and trial testimony to provide concrete examples. She also sets up an appendix to provide nonattorney readers with an overview of the legal system. Ultimately, her goal is to foster a greater understanding between law and epidemiology.

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cover of Forensics Under Fire: Are Bad Science and Dueling Experts Corrupting Criminal Justice?

Forensics Under Fire

Are Bad Science and Dueling Experts Corrupting Criminal Justice?

Jim Fisher

Rutgers University Press, 2008

Television shows like CSI, Forensic Files, and The New Detectives make it look so easy. A crime-scene photographer snaps photographs, a fingerprint technician examines a gun, uniformed officers seal off a house while detectives gather hair and blood samples, placing them carefully into separate evidence containers. In a crime laboratory, a suspect's hands are meticulously examined for gunshot residue. An autopsy is performed in order to determine range and angle of the gunshot and time-of-death evidence. Dozens of tests and analyses are performed and cross-referenced. A conviction is made. Another crime is solved. The credits roll.

The American public has become captivated by success stories like this one with their satisfyingly definitive conclusions, all made possible because of the wonders of forensic science. Unfortunately, however, popular television dramas do not represent the way most homicide cases in the United States are actually handled. Crime scenes are not always protected from contamination; physical evidence is often packaged improperly, lost, or left unaccounted for; forensic experts are not always consulted; and mistakes and omissions on the autopsy table frequently cut investigations short or send detectives down the wrong investigative path.

In Forensics Under Fire, Jim Fisher makes a compelling case that these and other problems in the practice of forensic science allow offenders to escape justice and can also lead to the imprisonment of innocent people. Bringing together examples from a host of high-profile criminal cases and familiar figures, such as the JonBenet Ramsey case and Dr. Henry Lee who presented physical evidence in the O. J. Simpson trial, along with many lesser known but fascinating stories, Fisher presents daunting evidence that forensic science has a long way to go before it lives up to its potential and the public's expectations.

[more]
cover of Forgive Us Our Debts: How Black Churches Use Bankruptcy to Survive

Forgive Us Our Debts

How Black Churches Use Bankruptcy to Survive

Pamela Foohey

University of Chicago Press, 2026

A revelatory study of how Black churches turn the financial system back against predatory lenders.

When American churches face financial difficulties, a disproportionately high number of Black churches reorganize under chapter 11 bankruptcy. There are no easy explanations for this distinction: not location, denomination, leadership structure, or the reasons for the loans. In Forgive Us Our Debts, legal scholar Pamela Foohey asks why, then, Black churches account for two-thirds of all congregations that file for chapter 11 bankruptcy every year. 

Drawing on case studies of six Black churches and one white church, and 150 interviews with church leaders, members, and attorneys, Foohey finds answers in a long history of predatory lending. Unable to negotiate with recalcitrant loan officers, Black churches turn to the legal system to force reasonable concessions from lenders to prevent the stripping of their wealth and the destruction of their communities. While the structural discrimination remains, these churches have found in the bankruptcy system a refuge and some power to fight back.

[more]
cover of Foucault and Law: Towards a Sociology of Law As Governance

Foucault and Law

Towards a Sociology of Law As Governance

Alan Hunt and Gary Wickham

Pluto Press, 1994

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cover of Foundations of Information Law

Foundations of Information Law

Paul T. Jaeger, Jonathan Lazar, Ursula Gorham, and Natalie Greene Taylor

American Library Association, 2023

Learning the basic concepts of information law and the many legal concepts that come into play in the field of librarianship can seem like an overwhelming endeavor. Drawing upon the authors’ unique backgrounds in both law and librarianship, this text is designed to empower readers to understand, rather than be intimidated by, the law. It melds essential context, salient examples of best practices, and stimulating discussions to illuminate numerous key legal and social issues directly related to the information professions. Helping readers better understand the role of law in their work, this primer
  • discusses information law as part of a continuum of interrelated issues rather than an assortment of discrete topics;
  • examines information law in the context of different types of libraries;
  • delves into the manifold legal issues raised when interacting with patrons and communities, from intellectual freedom topics like censorship and public activities in the library to the legal issues surrounding materials and information access;
  • elucidates operational and management legal issues, including library security, interacting with law enforcement, advocacy, lobbying, funding, human resources, and liability;
  • promotes literacy of the law, its structures, and its terminology as a professional skill;
  • gives readers the tools to find and understand different sources of legal authority and demonstrates how to interpret them when they conflict; and
  • explores information law as a national and cross-national issue.
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cover of Foundations of World Order: The Legalist Approach to International Relations, 1898–1922

Foundations of World Order

The Legalist Approach to International Relations, 1898–1922

Francis Anthony Boyle

Duke University Press, 1999

In Foundations of World Order Francis Anthony Boyle provides the first historically comprehensive analysis of U.S. foreign policy regarding international law and organizations. Examining the period from the Spanish American War to the establishment of the League of Nations and the Permanent Court of International Justice, Boyle argues that the international legal framework created at the beginning of the twentieth century not only influenced the course of American foreign policy but also provided the foundation upon which relations among states were built.
Although both the League of Nations and the Permanent Court of International Justice were rejected by the U.S. Senate, Boyle shows how the early governance of these institutions—precursors, respectively, to the United Nations and the International Court of Justice—informed later efforts to reduce and regulate transnational threats and the use of military force. Delving into such topics as the United States and its initial stance of neutrality in World War I and its imperial policy toward Latin America and the Caribbean, Boyle offers detailed readings of the relevant treaties, tribunals, and conferences, and assesses the political actors involved. Taking up the legalist point of view, he discusses the codification of customary international law, the obligatory arbitration of international disputes, and the creation of a new regime for the settlement of such disputes.
Boyle has provided in Foundations of World Order a compelling portrait of the relationship between political power and law, and of the impact of these forces on U.S. diplomacy. This volume will serve as a valuable resource to students, scholars, and practitioners of international law; it will also be of great interest to historians and political scientists engaged with issues of U.S. foreign policy and diplomatic history.
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cover of Framed: Women in Law and Film

Framed

Women in Law and Film

Orit Kamir

Duke University Press, 2006

Some women attack and harm men who abuse them. Social norms, law, and films all participate in framing these occurrences, guiding us in understanding and judging them. How do social, legal, and cinematic conventions and mechanisms combine to lead us to condemn these women or exonerate them? What is it, exactly, that they teach us to find such women guilty or innocent of, and how do they do so?

Through innovative readings of a dozen movies made between 1928 and 2001 in Europe, Japan, and the United States, Orit Kamir shows that in representing “gender crimes,” feature films have constructed a cinematic jurisprudence, training audiences worldwide in patterns of judgment of women (and men) in such situations. Offering a novel formulation of the emerging field of law and film, Kamir combines basic legal concepts—murder, rape, provocation, insanity, and self-defense—with narratology, social science methodologies, and film studies.

Framed not only offers a unique study of law and film but also points toward new directions in feminist thought. Shedding light on central feminist themes such as victimization and agency, multiculturalism, and postmodernism, Kamir outlines a feminist cinematic legal critique, a perspective from which to evaluate the “cinematic legalism” that indoctrinates and disciplines audiences around the world. Bringing an original perspective to feminist analysis, she demonstrates that the distinction between honor and dignity has crucial implications for how societies construct women, their social status, and their legal rights. In Framed, she outlines a dignity-oriented, honor-sensitive feminist approach to law and film.

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cover of Frank Murphy: The Detroit Years

Frank Murphy

The Detroit Years

Sidney Fine

University of Michigan Press, 1975

The second son of a close-knit Irish-American family, a charismatic politician who championed the underdog yet enjoyed the company of the rich, Frank Murphy was for thirty years an influential figure on the American scene. As Recorder’s Court judge, mayor of Detroit during the Great Depression, governor-general of and high commissioner to the Philippines, governor of Michigan, United States attorney general, and justice of the United States Supreme Court, he played a dramatic role in some of the most significant events of our era. This first volume of what will surely be the definitive account of the life and times of Frank Murphy focuses on the Detroit years, when Murphy brought his courtroom skills to bear on landmark legal battles of the period, forged a New Deal type of coalition that altered the structure of political power in Detroit, and led the city through the darkest days of the Depression. By stressing the interaction between the man and his times, the book presents not only a fully rounded portrait of a fascinating personality but also provides the first detailed coverage of the work of the Detroit Recorder’s Court and an unequaled account of the Depression years in Detroit and the state of Michigan.
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cover of Free Expression and Democracy in America: A History

Free Expression and Democracy in America

A History

Stephen M. Feldman

University of Chicago Press, 2008

From the 1798 Sedition Act to the war on terror, numerous presidents, members of Congress, Supreme Court justices, and local officials have endorsed the silencing of free expression.  If the connection between democracy and the freedom of speech is such a vital one, why would so many governmental leaders seek to quiet their citizens? Free Expression and Democracy in America traces two rival traditions in American culture—suppression of speech and dissent as a form of speech—to provide an unparalleled overview of the law, history, and politics of individual rights in the United States.

Charting the course of free expression alongside the nation’s political evolution, from the birth of the Constitution to the quagmire of the Vietnam War, Stephen M. Feldman argues that our level of freedom is determined not only by the Supreme Court, but also by cultural, social, and economic forces. Along the way, he pinpoints the struggles of excluded groups—women, African Americans, and laborers—to participate in democratic government as pivotal to the development of free expression.  In an age when our freedom of speech is once again at risk, this momentous book will be essential reading for legal historians, political scientists, and history buffs alike.
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cover of Free Speech, The People's Darling Privilege: Struggles for Freedom of Expression in American History

Free Speech, The People's Darling Privilege

Struggles for Freedom of Expression in American History

Michael Kent Curtis

Duke University Press, 2000

Modern ideas about the protection of free speech in the United States did not originate in twentieth-century Supreme Court cases, as many have thought. Free Speech, “The People’s Darling Privilege” refutes this misconception by examining popular struggles for free speech that stretch back through American history. Michael Kent Curtis focuses on struggles in which ordinary and extraordinary people, men and women, black and white, demanded and fought for freedom of speech during the period from 1791—when the Bill of Rights and its First Amendment bound only the federal government to protect free expression—to 1868, when the Fourteenth Amendment sought to extend this mandate to the states. A review chapter is also included to bring the story up to date.

Curtis analyzes three crucial political struggles: the controversy that surrounded the 1798 Sedition Act, which raised the question of whether criticism of elected officials would be protected speech; the battle against slavery, which raised the question of whether Americans would be free to criticize a great moral, social, and political evil; and the controversy over anti-war speech during the Civil War. Many speech issues raised by these controversies were ultimately decided outside the judicial arena—in Congress, in state legislatures, and, perhaps most importantly, in public discussion and debate. Curtis maintains that modern proposals for changing free speech doctrine can usefully be examined in the light of this often ignored history. This broader history shows the crucial effect that politicians, activists, ordinary citizens—and later the courts—have had on the American understanding of free speech.

Filling a gap in legal history, this enlightening, richly researched historical investigation will be valuable for students and scholars of law, U.S. history, and political science, as well as for general readers interested in civil liberties and free speech.

 

 

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cover of Freedom and Tenure in the Academy

Freedom and Tenure in the Academy

William W. Van Alstyne, ed.

Duke University Press, 1993

Questions of academic freedom--from hate speech to the tenure structure—continue to be of great urgency and perennial debate in American higher education. Originally published as a special issue of Law and Contemporary Problems (Summer 1990), this volume draws together leading scholars of law, philosophy, and higher education to offer a fresh assessment of the founding principles of academic freedom and to define this crucial topic for the 1990s.
The original 1940 Statement of Principles on Academic Freedom and Tenure, which has been influential in determining institutional practices for the last half century, has required continual redefinition since its initial declaration. The volume begins with two overview articles: the most complete examination of the 1940 Statement ever provided (shedding light on some of its most troublesome clauses) and a historical review of the extent to which academic freedom has been accepted into domestic constitutional law. Subsequent articles address a range of issues related to academic freedom: the relationship between tenure and academic freedom; tenure and labor law; ideology and faculty selection; freedom of expression and the arts on campus; the boundaries defining hate speech and offensive expression; the clash between institutional and individual claims of academic freedom; and the practices of religious colleges in the United States.

Contributors. Ralph S. Brown, Matthew W. Finkin, Jordan E. Kurland, Michael W. McConnell, Walter P. Metzger, Robert M. O'Neil, David M. Rabban, Rodney A, Smolla, Janet Sinder, Judith Jarvis Thomson, William W. Van Alstyne

[more]
cover of Friendship as Social Justice Activism: Critical Solidarities in a Global Perspective

Friendship as Social Justice Activism

Critical Solidarities in a Global Perspective

Edited by Niharika Banerjea, Debanuj DasGupta, Rohit K. Dasgupta, and Jaime M. Grant

Seagull Books, 0

Friendship as Social Justice Activism brings together academics and activists to have essential conversations about friendship, love, and desire as kinetics for social justice movements. The contributors featured here come from across the globe and are all involved in diverse movements, including LGBTQ rights, intimate-partner violence, addiction recovery, housing, migrant, labor, and environmental activism. Each essay narrates how living and organizing within friendship circles offers new ways of dreaming and struggling for social justice.

Recent scholarship in different disciplinary fields as well as activist literature have brought attention to the political possibilities within friendship. The essays, memoirs, poems, and artwork in Friendship as Social Justice Activism address these political possibilities within the context of gender, sexuality, and economic justice movements.
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cover of From Chinese Exclusion to Guantánamo Bay: Plenary Power and the Prerogative State

From Chinese Exclusion to Guantánamo Bay

Plenary Power and the Prerogative State

Natsu Taylor Saito

University Press of Colorado, 2007

Continuous expansion of executive power is igniting national debate: Is the administration authorized to detain people without charges or access to counsel, due process, or a fair trial? Is torture acceptable as long as it doesn't happen on U.S. soil? In a new study of the use of plenary power - the doctrine under which U.S. courts have allowed the exercise of U.S. jurisdiction without concomitant constitutional protection - Natsu Taylor Saito puts contemporary policies in historical perspective, illustrating how such extensions of power have been upheld by courts from the 1880s to the present.

From Chinese Exclusion to Guantánamo Bay also provides a larger context for understanding problems resulting from the exercise of plenary power. Saito explains how the rights of individuals and groups deemed Other by virtue of race or national origin have been violated under both the Constitution and international law. The differing treatment of José Padilla and John Walker Lindh - both Americans accused of terrorism - provides an example of such disparate approaches. Such executive actions and their sanction by Congress and the judiciary, Saito argues, undermine not just individual rights but the very foundations of our national security - democracy and the rule of law.

From Chinese Exclusion to Guantánamo Bay will interest readers concerned with the historical background of constitutional protection in times of war and peace and will provide fascinating new material for scholars, teachers, and students of law, history, and ethnic studies

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cover of From Coexistence to Conquest: International Law and the Origins of the Arab-Israeli Conflict, 1891-1949

From Coexistence to Conquest

International Law and the Origins of the Arab-Israeli Conflict, 1891-1949

Victor Kattan

Pluto Press, 2009

From Coexistence to Conquest seeks to explain how the Arab-Israeli conflict developed by looking beyond strict legalism to the men behind the policies adopted by the Great Powers at the dawn of the twentieth century. It controversially argues that Zionism was adopted by the British Government in its 1917 Balfour Declaration primarily as an immigration device and that it can be traced back to the 1903 Royal Commission on Alien Immigration and the Alien’s Act 1905.

The book places the violent reaction of the Palestine Arabs to mass Jewish immigration in the context of Zionism, highlighting the findings of several British commissions of inquiry which recommended that Britain abandon its policy. The book also revisits the controversies over the question of self-determination, and the partition of Palestine.

The Chapter on the 1948 conflict seeks to update international lawyers on the scholarship of Israel’s ‘new’ historians and reproduces some of the horrific accounts of the atrocities that took place. The penultimate chapter argues that Israel was created through an act of conquest or subjugation. The book concludes with a sobering analysis of the conflict arguing that neither Jews nor Arabs were to blame for starting it.

[more]
cover of From Expectation to Experience: Essays on Law and Legal Education

From Expectation to Experience

Essays on Law and Legal Education

James Boyd White

University of Michigan Press, 2000

In this collection of essays, James Boyd White continues his work in the rhetorical and literary analysis of law, seeing it as a system for the creation of social meaning. White's focus is on the intellectual and ethical possibilities of law, based on the view that law is not merely a logical enterprise, nor a mere matter of politics and power, but rather an activity of the whole mind, including its imaginative and affective capacities.
The essays here are united by two basic themes. First, the essays suggest that law can usefully be regarded not only as a set of rules designed to produce results in the material world, as it usually is regarded, but also as an imaginative and intellectual activity that has as its end the claim of meaning for human experience, both individual and collective. Second, they argue that education, including in the law, works by the constant modification of expectation by experience.
White claims that as we grow, whether as individuals or as a community, we constantly shape our expectations to our experiences. This happens with particular force and clarity in the law, which seeks to create both a certain set of expectations--this is how it works as a system of regulation--and a series of occasions and methods for their revision. White's interest is in the way these understandings can affect legal teaching, practice, and criticism.
The essays in this book examine such topics as the nature of legal education; the possibilities for writing in the law for both judges and lawyers; the relation between the practice of making and claiming meaning as it works in the law and in literatures more usually though of as imaginative, such as poetry or drama; the ways in which the law talks, and ought to talk, about business corporations, religion, and individual judgments; and the ethical possibilities of the practice of law when it is conceived of as a field for the making of meaning.
From Expectation to Experience will be of interest to lawyers, legal scholars, as well as students of law, law and literature, and ethics and literature.
James Boyd White is Hart Wright Professor of Law, Professor of English, and Adjunct Professor of Classical Studies, University of Michigan.
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cover of From Human Dignity to Natural Law: An Introduction

From Human Dignity to Natural Law

An Introduction

Richard Berquist

Catholic University of America Press, 2019

From Human Dignity to Natural Law shows how the whole of the natural law, as understood in the Aristotelian Thomistic tradition, is contained implicitly in human dignity. Human dignity means existing for one’s own good (the common good as well as one’s individual good), and not as a mere means to an alien good. But what is the true human good? This question is answered with a careful analysis of Aristotle’s definition of happiness. The natural law can then be understood as the precepts that guide us in achieving happiness. To show that human dignity is a reality in the nature of things and not a mere human invention, it is necessary to show that human beings exist by nature for the achievement of the properly human good in which happiness is found. This implies finality in nature. Since contemporary natural science does not recognize final causality, the book explains why living things, as least, must exist for a purpose and why the scientific method, as currently understood, is not able to deal with this question. These reflections will also enable us to respond to a common criticism of natural law theory: that it attempts to derive statements of what ought to be from statements about what is. After defining the natural law and relating it to human or positive law, Richard Berquist considers Aquinas’s formulation of the first principle of the natural law. It then discusses the love commandments to love God above all things and to love one’s neighbor as oneself as the first precepts of the natural law. Subsequent chapters are devoted to clarifying and defending natural law precepts concerned with the life issues, with sexual morality and marriage, and with fundamental natural rights. From Human Dignity to Natural Law concludes with a discussion of alternatives to the natural law.
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