1917 books match the query 'Law' and 75 start with i

cover of INSIDE WEST VIRGINIA: PUBLIC POLICY PERSPECTIVES FOR THE 21ST CENTURY

INSIDE WEST VIRGINIA

PUBLIC POLICY PERSPECTIVES FOR THE 21ST CENTURY

BRUCE KEITH

West Virginia University Press, 1999

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cover of Idealism and Liberal Education

Idealism and Liberal Education

James O. Freedman

University of Michigan Press, 2001

With refreshing eloquence, James O. Freedman sets down the American ideals that have informed his life as an intellectual, a law professor, and a college and university president. He examines the content and character of liberal education, discusses the importance of letters and learning in forming his own life and values, and explores how the lessons and the habits of mind instilled by a liberal education can give direction and meaning to one's life. He offers a stirring defense of affirmative action in higher education. And he describes how, in the midst of undergoing chemotherapy for cancer, liberal education helped him in that most human of desires--the yearning to make order and sense out of his experience.
Part intellectual biography and part examination of the world of higher education, Idealism and Liberal Education is a quintessentially American book, animated by a confidence that reason, knowledge, idealism, and the better angels of our natures will further human progress.
Freedman offers, as models for shaping one's life, profiles of some of his heroes--Thurgood Marshall, Alexander M. Bickel, Václav Havel, Louis D. Brandeis, Felix Frankfurter, Hugo L. Black, Flannery O'Connor, Eudora Welty, George Orwell, Edmund Wilson, Martin Luther King, Jr., George F. Kennan, Ralph J. Bunche, and Harry S Truman.
This volume speaks to all Americans who are drawn to the power of liberal education and democratic citizenship and who yearn for the inspiration to lead thoughtful, committed lives.
"This thought-provoking book should be required reading for young people entering college and for the people who advise them. Freedman explores the purpose and importance of a liberal education in shaping values, character, and imagination and convincingly argues for the need for the wisdom and perspective it provides, whatever one's chosen field."--Marian Wright Edelman, President, Children's Defense Fund
"In this wide-ranging series of essays, Freedman reveals himself again as one of America's most erudite, articulate, and reflective university presidents. Students, parents, fellow presidents, and all who love learning will find something in these pages to ponder with profit."--Derek Bok, Former President, Harvard University
Idealism and Liberal Education is an inspiring intellectual diary of James O. Freedman. . . . It is a forceful affirmation of liberal education as a social and cultural force in shaping the minds and characters of our youth as future citizens and leaders of our democracy. It is a tribute to the joy of learning."--Vartan Gregorian, President, Brown University
"Beautifully written and a pleasure to read. At a time when the idea of the liberal university is under attack from all sides, Freedman has given a wondrous personal reaffirmation of its place in our lives."--David Halberstam
James O. Freedman is President of Dartmouth College.
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cover of Identities, Politics, and Rights

Identities, Politics, and Rights

Austin Sarat and Thomas R. Kearns, Editors

University of Michigan Press, 1997

The subject of rights occupies a central place in liberal political thought. This tradition posits that rights are entitlements of individuals by virtue of their personhood and that rights stand apart from politics, that rights in fact hold at bay intrusions of state policy. The essays in Identities, Politics, and Rights question these assumptions and examine how rights constitute us as subjects and are, at the same time, implicated in political struggles. In contrast to the liberal notion of rights' universality, these essays emphasize the context-specific nature of rights as well as their constitutive effects.
Recognizing that political disputes throughout the world have increasingly been cast as arguments about rights, the essays in this volume examine the varied roles that rights play in political movements and contests. They argue that rights talk is used by many different groups primarily because of its fluidity. Certainly rights can empower individuals and protect them from their societies, but they also constrain them in other areas. Frequently, empowerment for one group means disabling rights for another group. Moreover, focusing on rights can both liberate and limit the imagination of the possible. By alerting us to this paradox of rights--empowerment and limitation--Identities, Politics, and Rights illuminates ongoing challenges to rights and reminds us that rights can both energize political engagement and provide a resource for defenders of the status quo.
Contributors are Richard Abel, Bruce Ackerman, Wendy Brown, John Comaroff, Drucilla Cornell, Jane Gaines, Thomas R. Kearns, Elizabeth Kiss, Kirstie McClure, Sally Merry, Martha Minow, Austin Sarat, and Steven Shiffrin.
Austin Sarat is William Nelson Cromwell Professor of Jurisprudence and Political Science, Amherst College. Thomas R. Kearns is William H. Hastie Professor of Philosophy, Amherst College.
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cover of Identity and the Case for Gay Rights: Race, Gender, Religion as Analogies

Identity and the Case for Gay Rights

Race, Gender, Religion as Analogies

David A. J. Richards

University of Chicago Press, 1999

How should we chart a course toward legal recognition of gay rights as basic human rights? In this enlightening study, legal scholar David Richards explores the connections between gay rights and three successful civil rights movements—black civil rights, feminism, and religious toleration—to determine how these might serve as analogies for the gay rights movement.

Richards argues that racial and gender struggles are informative but partial models. As in these movements, achieving gay rights requires eliminating unjust stereotypes and allowing one's identity to develop free from intolerant views. Richards stresses, however, that gay identity is an ethical choice based on gender equality. Thus the right to religious freedom offers the most compelling analogy for a gay rights movement because gay identity should be protected legally as an ethical decision of conscience.

A thoughtful and highly original voice in the struggle for gay rights, David Richards is the first to argue that discrimination is like religious intolerance-denial of full humanity to individuals because of their identity and moral commitments to gender equality.
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cover of Ill-Gotten Gains: Evasion, Blackmail, Fraud, and Kindred Puzzles of the Law

Ill-Gotten Gains

Evasion, Blackmail, Fraud, and Kindred Puzzles of the Law

Leo Katz

University of Chicago Press, 1996

In Ill-Gotten Gains, Leo Katz describes the underlying principles that not only guide the law but also moral decisions. Mixing wit with insight, anecdotes with analysis, Katz uncovers what is really at stake in crimes such as insider trading, blackmail, and plagiarism. With its startling conclusions and myriad twists, this book will fascinate all those intrigued by the perplexing relationship between morality and law.

"An ambitious and well-written book of legal and moral theory to overthrow both utilitarianism and its cousin, the economic approach to law."—Richard A. Posner, New Republic

"A good, well-written book full of interesting examples."—Library Journal

"[An] elegant defense of circumvention and subterfuge . . . a heroically counterintuitive book."—Malcolm Gladwell, New Yorker
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cover of Illegal Migrations and the Huckleberry Finn Problem

Illegal Migrations and the Huckleberry Finn Problem

John S W Park

Temple University Press, 2013

Throughout American history, citizens have encountered people who are "illegal"-- that is, people who have no legal right to be in the United States or to freedom of movement because of their immigration status or race. Like Mark Twain's Huckleberry Finn, these citizens face the conflict between sympathy for the unlawful other and the force of the law. 
In Illegal Migrations and the Huckleberry Finn Problem, John Park explores problems of status and illegality in American law and society by examining on-going themes in American legal history, comparative ethnic studies, and American literature. He observes that in reconsidering racially discriminatory laws, Americans have celebrated persons who were "out of status," as well as the citizens who had helped them avoid American law. Similarly, in confronting illegal immigrants in our own time, many Americans have chosen to ignore or to violate federal laws in favor of assisting such persons. In light of these experiences, Park insists that the U.S. ought to rethink policies that have criminalized millions of immigrants, as the injustice of such rules has encouraged people to disobey the law, thereby undermining broader commitments to principles of equality and to the rule of law itself.
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cover of Illegitimacy in Renaissance Florence

Illegitimacy in Renaissance Florence

Thomas Kuehn

University of Michigan Press, 2002

As far back as Jacob Burckhardt, illegitimate children have been considered advantaged, insofar as they lacked family obligations. Celebrated Renaissance figures such as Petrarch, Boccaccio, Alberti, and da Vinci were born illegitimately. Of course, their status put these children at a legal and a social disadvantage that was nearly impossible to overcome in usual circumstances. Illegitimacy in Renaissance Florence is the first systematic study of a population of illegitimate children--in this case in the city often seen at the heart of Renaissance politics and culture, Florence.
The Florentine catasto, a fiscal survey of households taken at several points in the fifteenth century, locates hundreds of illegitimate children and reveals a great deal about their household circumstances and parentage. Supplementing this information are notarial documents and family account books. Illegitimacy in Renaissance Florence places Florentine illegitimate children in a complete legal context, culminating in examination of several Florentine legal cases. Thomas Kuehn shows how lawyers were called on to cope with and make legal sense of the actions and prejudices of Florentines toward their illegitimate kin.
It is clear, in its simplest terms, that illegitimacy in Florence was a permanent, if not fixed, status. Most illegitimate children, especially girls, were abandoned; infanticide was undoubtedly practiced. But even those children raised by benevolent fathers and granted legitimation always remained "legitimatus" and not "legitimus." Florentines whose illegitimate paternity was admitted were overwhelmingly born of elite fathers but poor or servile mothers. In neither social nor legal terms did the illegitimate share fully in the personhood of the legitimate adult male Florentine citizen. Still, ambiguities of status could be useful for those with sufficient wealth and social standing to exploit their potential.
Illegitimacy in Renaissance Florence will appeal to social historians of Europe, medieval and early modern, especially those concerned with family life, women, and children, as well as all those interested in Florentine history. Legal historians will find it useful as well.
Thomas Kuehn is Professor of History, Clemson University.
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cover of Illinois Justice: The Scandal of 1969 and the Rise of John Paul Stevens

Illinois Justice

The Scandal of 1969 and the Rise of John Paul Stevens

Kenneth A. Manaster

University of Chicago Press, 2001

Illinois political scandals reached new depths in the 1960s and ’70s. In Illinois Justice, Kenneth Manaster takes us behind the scenes of one of the most spectacular. The so-called Scandal of 1969 not only ended an Illinois Supreme Court justice’s aspirations to the US Supreme Court, but also marked the beginning of little-known lawyer John Paul Stevens’s rise to the high court.

In 1969, citizen gadfly Sherman Skolnick accused two Illinois Supreme Court justices of accepting valuable bank stock from an influential Chicago lawyer in exchange for deciding an important case in the lawyer’s favor. The resulting feverish media coverage prompted the state supreme court to appoint a special commission to investigate. Within six weeks and on a shoestring budget, the commission mobilized a small volunteer staff to reveal the facts. Stevens, then a relatively unknown Chicago lawyer, served as chief counsel. His work on this investigation would launch him into the public spotlight and onto the bench.

Manaster, who served on the commission, tells the real story of the investigation, detailing the dead ends, tactics, and triumphs. Manaster expertly traces Stevens’s masterful courtroom strategies and vividly portrays the high-profile personalities involved, as well as the subtleties of judicial corruption. A reflective foreword by Justice Stevens himself looks back at the case and how it influenced his career.

Now the subject of the documentary Unexpected Justice: The Rise of John Paul Stevens, Manaster’s book is both a fascinating chapter of political history and a revealing portrait of the early career of a Supreme Court justice.
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cover of Illinois Justice: The Scandal of 1969 and the Rise of John Paul Stevens

Illinois Justice

The Scandal of 1969 and the Rise of John Paul Stevens

Kenneth A. Manaster

University of Chicago Press, 2001

Illinois political scandals reached new depths in the 1960s and ’70s. In Illinois Justice, Kenneth Manaster takes us behind the scenes of one of the most spectacular. The so-called Scandal of 1969 not only ended an Illinois Supreme Court justice’s aspirations to the US Supreme Court, but also marked the beginning of little-known lawyer John Paul Stevens’s rise to the high court.

In 1969, citizen gadfly Sherman Skolnick accused two Illinois Supreme Court justices of accepting valuable bank stock from an influential Chicago lawyer in exchange for deciding an important case in the lawyer’s favor. The resulting feverish media coverage prompted the state supreme court to appoint a special commission to investigate. Within six weeks and on a shoestring budget, the commission mobilized a small volunteer staff to reveal the facts. Stevens, then a relatively unknown Chicago lawyer, served as chief counsel. His work on this investigation would launch him into the public spotlight and onto the bench.

Manaster, who served on the commission, tells the real story of the investigation, detailing the dead ends, tactics, and triumphs. Manaster expertly traces Stevens’s masterful courtroom strategies and vividly portrays the high-profile personalities involved, as well as the subtleties of judicial corruption. A reflective foreword by Justice Stevens himself looks back at the case and how it influenced his career.

Now the subject of the documentary Unexpected Justice: The Rise of John Paul Stevens, Manaster’s book is both a fascinating chapter of political history and a revealing portrait of the early career of a Supreme Court justice.
[more]
cover of Illness or Deviance?: Drug Courts, Drug Treatment, and the Ambiguity of Addiction

Illness or Deviance?

Drug Courts, Drug Treatment, and the Ambiguity of Addiction

Jennifer Murphy

Temple University Press, 2015

Is drug addiction a disease that can be treated, or is it a crime that should be punished? In her probing study, Illness or Deviance?, Jennifer Murphy investigates the various perspectives on addiction, and how society has myriad ways of handling it—incarcerating some drug users while putting others in treatment.

Illness or Deviance? highlights the confusion and contradictions about labeling addiction. Murphy’s fieldwork in a drug court and an outpatient drug treatment facility yields fascinating insights, such as how courts and treatment centers both enforce the “disease” label of addiction, yet their management tactics overlap treatment with “therapeutic punishment.” The “addict" label is a result not just of using drugs, but also of being a part of the drug lifestyle, by selling drugs. In addition, Murphy observes that drug courts and treatment facilities benefit economically from their cooperation, creating a very powerful institutional arrangement.

Murphy contextualizes her findings within theories of medical sociology as well as criminology to identify the policy implications of a medicalized view of addiction.
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cover of Images of a Free Press

Images of a Free Press

Lee C. Bollinger

University of Chicago Press, 1991

Rich in historical detail, Images of a Free Press is an elegant, powerful guide to the evolution of our modern conception of freedom of the press, which finds expression in laws that protect print journalism and regulate broadcast media. Bollinger argues that this distinction remains meaningful but he advocates a more sophisticated approach to issues of privacy, access, and technology. Providing concrete guidelines for improving media laws, Images of a Free Press is a vital First Amendment primer for lawyers, media professionals, and critics, and all concerned citizens.

"Images of a Free Press is the natural sequel to Lee Bollinger's first book, The Tolerant Society, and is destined to become a standard in first amendment scholarship."—Rodney A. Smolla, Constitutional Commentary

"Revisiting themes he first explored some fifteen years ago, Bollinger now adds further to our understanding of the complex relationship among the First Amendment, the Supreme Court, the public, the press and the democratic process. This is a work of insight, sensitivity, and power. Bollinger has a profound knowledge of and a deep affection for his subject, and it shows."—Geoffrey R. Stone, Michigan Law Review

"This thoughtful, understated book remains a call to come join the town meeting and hammer out some new rules of order. Scholars and citizens alike could do well to read Bollinger's book and accept his challenge."—Yale Law Review

"For a number of years, Lee Bollinger has argued that the First Amendment has been applied differently to the print media than it has been to the broadcast media. In his new book, Images of a Free Press, Bollinger provides a concise, persuasive account of why this is so—and why it ought to be so."—Columbia Law Review
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cover of Imagining Legality: Where Law Meets Popular Culture

Imagining Legality

Where Law Meets Popular Culture

Austin Sarat

University of Alabama Press, 2011

Imagining Legality: Where Law Meets Popular Culture is collection of essays on the relationship between law and popular culture that posits, in addition to the concepts of law in the books and law in action, a third concept of law in the image—that is, of law as it is perceived by the public through the lens of public media.

Imagining Legality argues that images of law suggested by television and film are as numerous as they are various, and that they give rise to a potent and pervasive imaginative life of the law. The media’s projections of the legal system remind us not only of the way law lives in our imagination but also of the contingencies of our own legal and social arrangements.

Contributors to Imagining Legality are less interested in the accuracy of the portrayals of law in film and television than in exploring the conditions of law’s representation, circulation, and consumption in those media. In the same way that legal scholars have taken on the disciplinary perspectives of history, economics, sociology, anthropology, and psychology in relation to the law, these writers bring historical, sociological, and cultural analysis, as well as legal theory, to aid in the understanding of law and popular culture.

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cover of Immigrant Rights in the Nuevo South: Enforcement and Resistance at the Borderlands of Illegality

Immigrant Rights in the Nuevo South

Enforcement and Resistance at the Borderlands of Illegality

Meghan Conley

Temple University Press, 2020

Every day, undocumented immigrants are rendered vulnerable through policies and practices that illegalize them. Moreover, they are socially constructed into dangerous criminals and taxpayer burdens who are undeserving of rights, dignity, and respect. Meghan Conley’s timely book, Immigrant Rights in the Nuevo South, seeks to expose and challenge these dehumanizing ideas and practices byexamining the connections between repression and resistance for unauthorized immigrants in communities across the American Southeast.

Conley uses on-the-ground interviews to describe fear and resistance from the perspective of those most affected by it. She shows how, for example, the Illegal Immigration Reform and Enforcement Act in Georgia prompted marches and an action that became “a day of non-compliance.” Likewise, an “enforcement lottery” that created unpredictable threats of arrest and deportation in the region mobilized immigrants to organize and demonstrate. However, as immigrant rights activists mobilize in opposition to the criminalization of undocumented people, they may unintentionally embrace stories of who deserves to be in the United States and who does not. Immigrant Rights in the Nuevo South explores these paradoxes while offering keen observations about the nature and power of Latinx resistance.

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cover of Immigration and the Law: Race, Citizenship, and Social Control

Immigration and the Law

Race, Citizenship, and Social Control

Edited by Sofía Espinoza Álvarez and Martin Guevara Urbina

University of Arizona Press, 2018

In the era of globalization, shifting political landscapes, and transnational criminal organizations, discourse around immigration is reaching unprecedented levels. Immigration and the Law is a timely and significant volume of essays that addresses the social, political, and economic contexts of migration in the United States. The contributors analyze the historical and contemporary landscapes of immigration laws, their enforcement, and the discourse surrounding these events, as well as the mechanisms, beliefs, and ideologies that govern them.
 
In today’s highly charged atmosphere, Immigration and the Law gives readers a grounded and broad overview of U.S. immigration law in a single book. Encompassing issues such as shifting demographics, a changing criminal justice system, and volatile political climate, the book is critically significant for academic, political, legal, and social arenas.
 
The contributors offer sound evidence to expose the historical legacy of violence, brutality, manipulation, oppression, marginalization, prejudice, discrimination, power, and control. Demystifying the ways that current ideas of ethnicity, race, gender, and class govern immigration and uphold the functioning and legitimacy of the criminal justice system, Immigration and the Law presents a variety of studies and perspectives that offer a pathway toward addressing long-neglected but vital topics in the discourse on immigration and the law.
 
Contributors
 
Sofía Espinoza Álvarez
Steven W. Bender
Leo R. Chávez
Arnoldo De León
Daniel Justino Delgado
Roxanne Lynn Doty
Brenda I. Gill
Ruth Gomberg-Muñoz
Peter Laufer
Lupe S. Salinas
Mary C. Sengstock
Martin Guevara Urbina
Claudio G. Vera Sánchez
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cover of Immigration and the Politics of American Sovereignty, 1890-1990

Immigration and the Politics of American Sovereignty, 1890-1990

Cheryl Shanks

University of Michigan Press, 2001

What does it mean to be an American? The United States defines itself by its legal freedoms; it cannot tell its citizens who to be. Nevertheless, where possible, it must separate citizen from alien. In so doing, it defines the desirable characteristics of its citizens in immigration policy, spelling out how many and, most importantly, what sorts of persons can enter the country with the option of becoming citizens.
Over the past century, the U.S. Congress argued first that prospective citizens should be judged in terms of race, then in terms of politics, then of ideology, then of wealth and skills. Each argument arose in direct response to a perceived foreign threat--a threat that was, in the government's eyes, racial, political, ideological, or economic. Immigration and the Politics of American Sovereignty traces how and why public arguments about immigrants changed over time, how some arguments came to predominate and shape policy, and what impact these arguments have had on how the United States defines and defends its sovereignty.
Cheryl Shanks offers readers an explanation for immigration policy that is more distinctly political than the usual economic and cultural ones. Her study, enriched by the insights of international relations theory, adds much to our understanding of the notion of sovereignty and as such will be of interest to scholars of international relations, American politics, sociology, and American history.
Cheryl Shanks is Assistant Professor of Political Science, Williams College.
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cover of Imperfect Alternatives: Choosing Institutions in Law, Economics, and Public Policy

Imperfect Alternatives

Choosing Institutions in Law, Economics, and Public Policy

Neil K. Komesar

University of Chicago Press, 1994

Major approaches to law and public policy, ranging from law and economics to the fundamental rights approach to constitutional law, are based on the belief that the identification of the correct social goals or values is the key to describing or prescribing law and public policy outcomes. In this book, Neil Komesar argues that this emphasis on goal choice ignores an essential element—institutional choice. Indeed, as important as determining our social goals is deciding which institution is best equipped to implement them—the market, the political process, or the adjucative process.

Pointing out that all three institutions are massive, complex, and imperfect, Komesar develops a strategy for comparative institutional analysis that assesses variations in institutional ability. He then powerfully demonstrates the value of this analytical framework by using it to examine important contemporary issues ranging from tort reform to constitution-making.
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cover of Impermissible Punishments: How Prison Became a Problem for Democracy

Impermissible Punishments

How Prison Became a Problem for Democracy

Judith Resnik

University of Chicago Press, 2025

An original transatlantic history of the invention of the corrections profession and of ensuing debates about punishment’s purposes and prisoners’ rights.

Impermissible Punishments explores the history of punishment inside prisons and how governments grappled with obligations to justify the punishments they impose. Legal scholar Judith Resnik charts the creation of the corrections profession and weaves together the stories of people who made rules for prisons and the stories of those living under the resulting regimes.

Resnik maps three centuries of shifting ideas, norms, and legal standards aiming to draw lines between permissible and impermissible punishments. Her account documents the impact of World War II, the United Nations, the US Civil Rights movement, and the pioneering prisoners who insisted that law should protect their individual dignity. Taking us to the present, Resnik analyzes the expansion of imprisonment, the inability of public and private prisons to provide safe housing, and the impact of abolition politics.

Exploring the interdependency of people in and out of prisons, Impermissible Punishments examines what governments committed to equality owe to the people they detain and argues that many contemporary forms of punishment need to end.

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cover of Impersonating Animals: Rhetoric, Ecofeminism, and Animal Rights Law

Impersonating Animals

Rhetoric, Ecofeminism, and Animal Rights Law

S. Marek Muller

Michigan State University Press, 2020

In 2011, in one sign of a burgeoning interest in the morality of human interactions with nonhuman animals, a panel hosted by the American Association for the Advancement of Science declared that dolphins and orcas should be legally regarded as persons. Multiple law schools now offer classes in animal law and have animal law clinics, placing their students with a growing range of animal rights and animal welfare advocacy organizations. But is legal personhood the best means to achieving total interspecies liberation? To answer that question, Impersonating Animals evaluates the rhetoric of animal rights activists Steven Wise and Gary Francione, as well as the Earth jurisprudence paradigm. Deploying a critical ecofeminist stance sensitive to the interweaving of ideas about race, gender, class, sexuality, ability, and species, author S. Marek Muller places animal rights rhetoric in the context of discourses in which some humans have been deemed more animal than others and some animals have been deemed more human than others. In bringing rhetoric and animal studies together, she shows that how we communicate about nonhuman beings necessarily affects relationships across species boundaries and among people. This book also highlights how animal studies scholars and activists can and should use ideological rhetorical criticism to investigate the implications of their tactics and strategies, emphasizing a critical vegan rhetoric as the best means of achieving liberation for human and nonhuman animals alike.
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cover of Imprints: The Pokagon Band of Potawatomi Indians and the City of Chicago

Imprints

The Pokagon Band of Potawatomi Indians and the City of Chicago

John N. Low

Michigan State University Press, 2016

The Pokagon Band of Potawatomi Indians has been a part of Chicago since its founding. In very public expressions of indigeneity, they have refused to hide in plain sight or assimilate. Instead, throughout the city’s history, the Pokagon Potawatomi Indians have openly and aggressively expressed their refusal to be marginalized or forgotten—and in doing so, they have contributed to the fabric and history of the city.
Imprints: The Pokagon Band of Potawatomi Indians and the City of Chicago examines the ways some Pokagon Potawatomi tribal members have maintained a distinct Native identity, their rejection of assimilation into the mainstream, and their desire for inclusion in the larger contemporary society without forfeiting their “Indianness.” Mindful that contact is never a one-way street, Low also examines the ways in which experiences in Chicago have influenced the Pokagon Potawatomi. Imprints continues the recent scholarship on the urban Indian experience before as well as after World War II.
 
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cover of Improper Influence: Campaign Finance Law, Political Interest Groups, and the Problem of Equality

Improper Influence

Campaign Finance Law, Political Interest Groups, and the Problem of Equality

Thomas Gais

University of Michigan Press, 1998

Why is there still so much dissatisfaction with the role of special interest groups in financing American election campaigns, even though no aspect of interest group politics has been so thoroughly regu-lated and constrained? This book argues that part of the answer lies in the laws themselves, which prevent many hard-to-organize citizen groups from forming effective political action committees (PACs), while actually helping business groups organize PACs.
Thomas L. Gais points out that many laws that regulate group involvement in elections ignore the real difficulties of political mobilization, and he concludes that PACs and the campaign finance laws reflect a fundamental discrepancy between grassroots ideals and the ways in which broadly based groups actually get organized.
". . . . of fundamental scholarly and practical importance. The implications for 'reform' are controversial, flatly contradicting other recent reform proposals . . . . I fully expect that Improper Influence will be one of the most significant books on campaign finance to be published in the 1990s." --Michael Munger, Public Choice
"It is rare to find a book that affords a truly fresh perspective on the role of special interest groups in the financing of U.S. elections. It is also uncommon to find a theoretically rigorous essay confronting a topic usually grounded in empirical terms. . . . Improper Influence scores high on both counts and deserves close attention from students of collective action, campaign finance law, and the U.S. political process more generally." --American Political Science Review
Thomas L. Gais is Senior Fellow, The Nelson A. Rockefeller Institute of Government, State University of New York.
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cover of In Contempt: Nineteenth-Century Women, Law, and Literature

In Contempt

Nineteenth-Century Women, Law, and Literature

Kristin Kalsem

The Ohio State University Press, 2012

 In Contempt: Nineteenth-Century Women, Law, and Literature, by Kristin Kalsem, explores the legal advocacy performed by nineteenth-century women writers in publications of nonfiction and fiction, as well as in real-life courtrooms and in the legal forum provided by the novel form.

 
The nineteenth century was a period of unprecedented reform in laws affecting married women’s property, child support and custody, lunacy, divorce, birth control, domestic violence, and women in the legal profession. Women’s contributions to these changes in the law, however, have been largely ignored because their work, stories, and perspectives are not recorded in authoritative legal texts; rather, evidence of their arguments and views are recorded in writings of a different kind. This book examines lesser-known works of nonfiction and fiction by legal reformers such as Annie Besant and Georgina Weldon and novelists such as Frances Trollope, Jane Hume Clapperton, George Paston, and Florence Dixie.
 
In Contempt brings to light new connections between Victorian law and literature, not only with its analysis of many “lost” novels but also with its new legal readings of old ones such as Emily Brontë’s Wuthering Heights (1847), George Eliot’s Adam Bede (1859), Lewis Carroll’s Alice’s Adventures in Wonderland (1865), Rider Haggard’s She (1887), and Thomas Hardy’s Jude the Obscure (1895). This study reexamines the cultural and political roles of the novel in light of “new evidence” that many nineteenth-century novels were “lawless”—showing contempt for, rather than policing, the law.
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cover of In Defense of American Liberties, Second Edition: A History of the ACLU

In Defense of American Liberties, Second Edition

A History of the ACLU

Samuel Walker

Southern Illinois University Press, 1999

This updated comprehensive history of the American Civil Liberties Union recounts the ACLU's stormy history since its founding in 1920 to fight for free speech and explores its involvement in some of the most famous causes in American history, including the Scopes "monkey trial," the internment of Japanese Americans during World War II, the Cold War anti-Communist witch hunts, and the civil rights movement. The new introduction covers the history of the organization and developments in civil liberties in the 1990s, including the U.S. Supreme Court's declaration of the Communications Decency Act as unconstitutional in ACLU v. Reno.

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cover of In Defense of Free Speech in Universities: A Study of Three Jurisdictions

In Defense of Free Speech in Universities

A Study of Three Jurisdictions

Amy Lai

University of Michigan Press, 2023

In this book, Amy Lai examines the current free speech crisis in Western universities. She studies the origin, history, and importance of freedom of speech in the university setting, and addresses the relevance and pitfalls of political correctness and microaggressions on campuses, where laws on harassment, discrimination, and hate speech are already in place, along with other concepts that have gained currency in the free speech debate, including deplatforming, trigger warning, and safe space. Looking at numerous free speech disputes in the United Kingdom, the United States, and Canada, the book argues for the equal application of the free speech principle to all expressions to facilitate respectful debates. All in all, it affirms that the right to free expression is a natural right essential to the pursuit of truth, democratic governance, and self-development, and this right is nowhere more important than in the university.

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cover of In Defense of Honor: Sexual Morality, Modernity, and Nation in Early-Twentieth-Century Brazil

In Defense of Honor

Sexual Morality, Modernity, and Nation in Early-Twentieth-Century Brazil

Sueann Caulfield

Duke University Press, 2000

In this book Sueann Caulfield explores the changing meanings of honor in early-twentieth-century Brazil, a period that saw an extraordinary proliferation of public debates that linked morality, modernity, honor, and national progress. With a close examination of legal theory on sexual offenses and case law in Rio de Janeiro from the end of World War I to the early years of the Estado Novo dictatorship, Caulfield reveals how everyday interpretations of honor influenced official attitudes and even the law itself as Brazil attempted to modernize.
While some Brazilian elites used the issue of sexual purity to boast of their country’s moral superiority, others claimed that the veneration of such concepts as virginity actually frustrated efforts at modernization. Moreover, although individuals of all social classes invoked values they considered “traditional,” such as the confinement of women’s sexuality within marriage, these values were at odds with social practices—such as premarital sex, cohabitation, divorce, and female-headed households—that had been common throughout Brazil’s history. The persistence of these practices, together with post-World War I changes in both official and popular moral ideals, presented formidable obstacles to the Estado Novo’s renewed drive to define and enforce public morality and private family values in the late 1930s.
With sophisticated theoretical underpinnings, In Defense of Honor is written in a clear and lively manner, making it accessible to students and scholars in a variety of disciplines, including Brazilian and Latin American studies, gender studies, and legal history.
[more]
cover of In Defense of Monopoly: How Market Power Fosters Creative Production

In Defense of Monopoly

How Market Power Fosters Creative Production

Richard B. McKenzie and Dwight R. Lee

University of Michigan Press, 2008

In Defense of Monopoly offers an unconventional but empirically grounded argument in favor of market monopolies. Authors McKenzie and Lee claim that conventional, static models exaggerate the harm done by real-world monopolies, and they show why some degree of monopoly presence is necessary to maximize the improvement of human welfare over time.

Inspired by Joseph Schumpeter's suggestion that market imperfections can drive an economy's long-term progress, In Defense of Monopoly defies conventional assumptions to show readers why an economic system's failure to efficiently allocate its resources is actually a necessary precondition for maximizing the system's long-term performance: the perfectly fluid, competitive economy idealized by most economists is decidedly inferior to one characterized by market entry and exit restrictions or costs.

An economy is not a board game in which players compete for a limited number of properties, nor is it much like the kind of blackboard games that economists use to develop their monopoly models. As McKenzie and Lee demonstrate, the creation of goods and services in the real world requires not only competition but the prospect of gains beyond a normal competitive rate of return.

[more]
cover of In Defense of Sovereignty: Protecting the Oneida Nation's Inherent Right to Self-Determination

In Defense of Sovereignty

Protecting the Oneida Nation's Inherent Right to Self-Determination

Rebecca M. Webster

University of Wisconsin Press, 2023

In Defense of Sovereignty recounts the history of the Oneida Nation and its struggles for self-determination. Since the nation’s removal from New York in the 1820s to what would become the state of Wisconsin, it has been engaged in legal conflicts with US actors to retain its sovereignty and its lands. Legal scholar and former Oneida Nation senior staff attorney Rebecca M. Webster traces this history, including the nation’s treaties with the US but focusing especially on its relationship with the village of Hobart, Wisconsin. Since 2003 there have been six disputes that have led to litigation between the local government and the nation. Central to these disputes are the local government’s attempts to regulate the nation and relegate its government to the position of a common landowner, subject to municipal authority.

As in so many conflicts between Indigenous nations and local municipalities, the media narrative about the Oneida Nation’s battle for sovereignty has been dominated by the local government’s standpoint. In Defense of Sovereignty offers another perspective, that of a nation citizen directly involved in the litigation, augmented by contributions from historians, attorneys, and a retired nation employee. It makes an important contribution to public debates about the inherent right of Indigenous nations to continue to exist and exercise self-governance within their territories without being challenged at every turn.
[more]
cover of In Defense of Youth: A Study of the Role of Counsel in American Juvenile Courts

In Defense of Youth

A Study of the Role of Counsel in American Juvenile Courts

William Vaughn Stapleton

Russell Sage Foundation, 1972

In recent years the decisions of the United States Supreme Court in the area of juvenile law and the growing public awareness of the delinquency problem have brought about drastic changes in American juvenile courts. This book represents a major research effort to determine the effect of defense counsel's performance on the conduct and outcome of delinquency cases. After a brief historical analysis of the factors leading to changes in juvenile law, the authors explore in detail the impact of the lawyer's presence and performance on the outcomes of cases in two juvenile courts. The analysis further explores the various factors influencing a lawyer's defense posture and develops the thesis that the effectiveness of counsel is determined largely by the structure of the delinquency hearing and the willingness and ability of court personnel and procedures to adapt to the introduction of an adversarial role of defense counsel. What makes this study unique is the large-scale effort to combine legal analysis and sociological methodology to the study of an action-oriented program. The use of the classical experimental design, the selection of control and experimental groups by random assignment, and the extent to which the use of this methodology increases the validity of the results, will be of interest to both lawyers and social scientists. The book is a major contribution to the growing literature in the field of the sociology of law.
[more]
cover of In Quest of History: On Czech Statehood and Identity

In Quest of History

On Czech Statehood and Identity

Jirí Pribán and Karel Hvíždala

Karolinum Press, 2019

In honor of the 2018 centennial of Czech independence, philosopher of law Jiří Přibán and award-winning Czech journalist Karel Hvížďala took the opportunity to examine key moments in Czech history from the ninth century to the twenty-first. Covering such a broad span of time allowed them to look into the past and question how Czechs have viewed their history at different points—and what that means for the Czech present and future. As contemporary politics drift closer towards totalitarianism, historiography from scholars and thinkers who experienced twentieth-century totalitarian regimes is more important than ever. In their spirited dialogue, Hvížďala and Přibán raise and explore these crucial issues, sharing subjects normally reserved for university seminars with the broader public.
[more]
cover of In Sullivan's Shadow: The Use and Abuse of Libel Law during the Long Civil Rights Struggle

In Sullivan's Shadow

The Use and Abuse of Libel Law during the Long Civil Rights Struggle

Aimee Edmondson

University of Massachusetts Press, 2019

For many years, the far right has sown public distrust in the media as a political strategy, weaponizing libel law in an effort to stifle free speech and silence African American dissent. In Sullivan's Shadow demonstrates that this strategy was pursued throughout the civil rights era and beyond, as southern officials continued to bring lawsuits in their attempts to intimidate journalists who published accounts of police brutality against protestors. Taking the Supreme Court's famous 1964 case New York Times v. Sullivan as her starting point, Aimee Edmondson illuminates a series of fascinating and often astounding cases that preceded and followed this historic ruling.

Drawing on archival research and scholarship in journalism, legal history, and African American studies, Edmondson offers a new narrative of brave activists, bold journalists and publishers, and hard­headed southern officials. These little-known courtroom dramas at the intersection of race, libel, and journalism go beyond the activism of the 1960s and span much of the country's history, beginning with lawsuits filed against abolitionist William Lloyd Garrison and concluding with a suit spawned by the 1988 film Mississippi Burning.
[more]
cover of In Tender Consideration: Women, Families, and the Law in Abraham Lincoln's Illinois

In Tender Consideration

Women, Families, and the Law in Abraham Lincoln's Illinois

Edited by Daniel W. Stowell

University of Illinois Press, 2002

From debt to divorce, from adultery to slander, cases with women as plaintiffs, defendants, or both appeared regularly on docket books in antebellum Illinois. Nearly one-fifth of Abraham Lincoln's cases involved women as litigants, and during the twenty-five years of his legal career thousands of women appeared in Illinois courts, as litigants, criminal defendants, witnesses, and spectators.

Drawing on the rich resources of The Law Practice of Abraham Lincoln: Complete Documentary Edition, a DVD version of Lincoln's complete legal papers, In Tender Consideration scans the full range of family woes that antebellum Americans took to the law. Deserted wives, destitute widows, jilted brides with illegitimate children, and slandered women brought their cases before the courts, often receiving a surprising degree of sympathy and support.

Through the stories of dozens of individuals who took legal action to obtain a divorce, contest a will, prosecute a rapist, or assert rights to family property, this volume illuminates the legal status of women and children in Illinois and their experiences with the law in action. Contributors document how the courts viewed children and how they responded to inheritance, custody, and other types of cases involving children or their interests. These cases also highlight Lincoln's life in law, placing him more clearly within the context of the legal culture in which he lived and raising intriguing questions about the influence of his legal life on his subsequent political one.

[more]
cover of In the Name of Necessity: Military Tribunals and the Loss of American Civil Liberties

In the Name of Necessity

Military Tribunals and the Loss of American Civil Liberties

Marouf Hasian

University of Alabama Press, 2005

Examining how claims of necessity have reshaped American liberty in times of war.

Though the war on terrorism is said to have generated unprecedented military situations, arguments for the Patriot Act and military tribunals following 9/11 resemble many historical claims for restricting civil liberties, more often than not in the name of necessity.

Marouf Hasian Jr. examines the major legal cases that show how various generations have represented the need for military tribunals, and how officials historically have applied the term “necessity.” George Washington cited the necessity of martial discipline in executing the British operative Major André. Tribunals tried and convicted more than 200 Sioux warriors during the Dakota Wars. President Lincoln suspended habeas corpus for many civilian and military prisoners during the Civil War. Twentieth Century military and civilian leaders selectively drafted their own codes, leading to the execution of German saboteurs during World War II. Further, General MacArthur’s tribunal to investigate the wartime activities of Japanese General Yamashita raised the specter of “victor’s justice,” anticipating the outcry that attended the Nuremberg trials.

In those cases as in current debates about the prosecution of terrorists, Hasian argues that the past is often cited selectively, neglecting historical contexts and the controversies these cases engendered.
 

[more]
cover of In the Weeds: Demonization, Legalization, and the Evolution of U.S. Marijuana Policy

In the Weeds

Demonization, Legalization, and the Evolution of U.S. Marijuana Policy

Clayton J. Mosher and Scott Aikins

Temple University Press, 2019

More and more states are legalizing marijuana in some form. Moreover, a majority of the U.S. population is in favor of the drug for recreational use. In the Weeds looks at how our society has become more permissive in the past 150 years—even though marijuana is still considered a Schedule I drug by the American government. 

Sociologists Clayton Mosher and Scott Akins take a deep dive into marijuana policy reform, looking at the incremental developments and the historical, legal, social, and political implications of these changes. They investigate the effects, medicinal applications, and possible harms of marijuana. In the Weeds also considers arguments that youth will be heavy users of legalized cannabis, and shows how “weed” is demonized by exaggerations of the drug’s risks and claims of its lack of medicinal value. Mosher and Akins end their timely and insightful book by tracing the distinct paths to the legalization of recreational marijuana in the United States and other countries as well as discussing what the future of marijuana law holds.

[more]
cover of Incidental Racialization: Performative Assimilation in Law School

Incidental Racialization

Performative Assimilation in Law School

Yung-Yi Diana Pan

Temple University Press, 2017

Despite the growing number ofAsian American and Latino/a law students, many panethnic students still feel as if they do not belong in this elite microcosm, which reflects the racial inequalities in mainstream American society. While in law school, these students—often from immigrant families, and often the first to go to college—have to fight against racialized and gendered stereotypes. In Incidental Racialization, Diana Pan rigorously explores how systemic inequalities are produced and sustained in law schools. 

Through interviews with more than 100 law students and participant observations at two law schools, Pan examines how racialization happens alongside professional socialization. She investigates how panethnic students negotiate their identities, race, and gender in an institutional context. She also considers how their lived experiences factor into their student organization association choices and career paths. 

Incidental Racialization sheds light on how race operates in a law school setting for both students of color and in the minds of white students. It also provides broader insights regarding racial inequalities in society in general.

[more]
cover of Inconsistency and Indecision in the United States Supreme Court

Inconsistency and Indecision in the United States Supreme Court

Matthew P. Hitt

University of Michigan Press, 2019

The United States Supreme Court exists to resolve constitutional disputes among lower courts and the other branches of government, allowing elected officials, citizens, and businesses to act without legal uncertainty. American law and society function more effectively when the Court resolves these ambiguous questions of Constitutional law. Since lower courts must defer to its reasoning, the Court should also promulgate clear and consistent legal doctrine, giving a reason for its judgment that a majority of justices support.

Yet a Court that prioritizes resolving many disputes will at times produce contradictory sets of opinions or fail to provide a rationale and legal precedent for its decision at all. In either case, it produces an unreasoned judgment. Conversely, a Court that prioritizes logically consistent doctrine will fail to resolve many underlying disputes in law and society. Inconsistency and Indecision in the United States Supreme Court demonstrates that over time, institutional changes, lobbied for by the justices, substantially reduced unreasoned judgments in the Court’s output, coinciding with a reduction in the Court’s caseload. Hence, the Supreme Court historically emphasized the first goal of dispute resolution, but evolved into a Court that prioritizes the second goal of logically consistent doctrine. As a result, the Court today fails to resolve more underlying questions in law and society in order to minimize criticism of its output from other elites. In so doing, the modern Court often fails to live up to its Constitutional obligation.
[more]
cover of Independence Corrupted: How America's Judges Make Their Decisions

Independence Corrupted

How America's Judges Make Their Decisions

Charles Benjamin Schudson

University of Wisconsin Press, 2018

With experience as both a trial and appellate judge, Charles Benjamin Schudson knows the burdens on judges. With engaging candor, he takes readers behind the bench to probe judicial minds analyzing actual trials and sentencings—of abortion protesters, murderers, sex predators, white supremacists, and others. He takes us into chambers to hear judges forging appellate decisions about life and death, multimillion-dollar damages, and priceless civil rights. And, most significantly, he exposes the financial, political, personal, and professional pressures that threaten judicial ethics and independence.

As political attacks on judges increase, Schudson calls for reforms to protect judicial independence and for vigilance to ensure justice for all. Independence Corrupted is invaluable for students and scholars, lawyers and judges, and all citizens concerned about the future of America's courts.
[more]
cover of Indian Water in the New West

Indian Water in the New West

Thomas R. McGuire

University of Arizona Press, 1993

Brings together the views of engineers, lawyers, ecologists, economists, professional mediators, federal officials, an anthropologist, and a Native American tribal leader--all either students of these processes or protagonists in them--to discuss how the legitimate claims of both Indians and non-Indians to scarce water in the West are being settled.
[more]
cover of Indigenous Environmental Justice

Indigenous Environmental Justice

Edited by Karen Jarratt-Snider and Marianne O. Nielsen

University of Arizona Press, 2020

This volume clearly distinguishes Indigenous environmental justice (IEJ) from the broader idea of environmental justice (EJ) while offering detailed examples from recent history of environmental injustices that have occurred in Indian Country. With connections to traditional homelands being at the heart of Native identity, environmental justice is of heightened importance to Indigenous communities. Not only do irresponsible and exploitative environmental policies harm the physical and financial health of Indigenous communities, they also cause spiritual harm by destroying land held in a place of exceptional reverence for Indigenous peoples.

With focused essays on important topics such as the uranium mining on Navajo and Hopi lands, the Dakota Access Pipeline dispute on the Standing Rock Indian Reservation, environmental cleanup efforts in Alaska, and many other pertinent examples, this volume offers a timely view of the environmental devastation that occurs in Indian Country. It also serves to emphasize the importance of self-determination and sovereignty in victories of Indigenous environmental justice.

The book explores the ongoing effects of colonization and emphasizes Native American tribes as governments rather than ethnic minorities. Combining elements of legal issues, human rights issues, and sovereignty issues, Indigenous Environmental Justice creates a clear example of community resilience in the face of corporate greed and state indifference.
 
[more]
cover of Indigenous Peoples and Borders

Indigenous Peoples and Borders

Sheryl Lightfoot and Elsa Stamatopoulou, editors

Duke University Press, 2024

The legacies of borders are far-reaching for Indigenous Peoples. This collection offers new ways of understanding borders by departing from statist approaches to territoriality. Bringing together the fields of border studies, human rights, international relations, and Indigenous studies, it features a wide range of voices from across academia, public policy, and civil society. The contributors explore the profound and varying impacts of borders on Indigenous Peoples around the world and the ways borders are challenged and worked around. From Bangladesh’s colonially imposed militarized borders to resource extraction in the Russian Arctic and along the Colombia-Ecuador border to the transportation of toxic pesticides from the United States to Mexico, the chapters examine sovereignty, power, and obstructions to Indigenous rights and self-determination as well as globalization and the economic impacts of borders. Indigenous Peoples and Borders proposes future action that is informed by Indigenous Peoples’ voices, needs, and advocacy.

Contributors. Tone Bleie, Andrea Carmen, Jacqueline Gillis, Rauna Kuokkanen, Elifuraha Laltaika, Sheryl Lightfoot, David Bruce MacDonald, Toa Elisa Maldonado Ruiz, Binalakshmi “Bina” Nepram, Melissa Z. Patel, Manoel B. do Prado Junior, Hana Shams Ahmed, Elsa Stamatopoulou, Liubov Suliandziga, Rodion Sulyandziga, Yifat Susskind, Erika M. Yamada
[more]
cover of Individual Justice in Mass Tort Litigation

Individual Justice in Mass Tort Litigation

Jack B. Weinstein

Northwestern University Press, 1994

Documenting a prominent jurist's efforts, a collection of case studies examines his successes with Vietnam veteran exposure to Agent Orange, asbestos, and DES and repetitive stress syndrome, describes current legal attitudes, and recommends compassionate alternatives.
[more]
cover of Inherent Vice: Bootleg Histories of Videotape and Copyright

Inherent Vice

Bootleg Histories of Videotape and Copyright

Lucas Hilderbrand

Duke University Press, 2009

In an age of digital technology and renewed anxiety about media piracy, Inherent Vice revisits the recent analog past with an eye-opening exploration of the aesthetic and legal innovations of home video. Analog videotape was introduced to consumers as a blank format, essentially as a bootleg technology, for recording television without permission. The studios initially resisted VCRs and began legal action to oppose their marketing. In turn, U.S. courts controversially reinterpreted copyright law to protect users’ right to record, while content owners eventually developed ways to exploit the video market. Lucas Hilderbrand shows how videotape and fair use offer essential lessons relevant to contemporary progressive media policy.

Videotape not only radically changed how audiences accessed the content they wanted and loved but also altered how they watched it. Hilderbrand develops an aesthetic theory of analog video, an “aesthetics of access” most boldly embodied by bootleg videos. He contends that the medium specificity of videotape becomes most apparent through repeated duplication, wear, and technical failure; video’s visible and audible degeneration signals its uses for legal transgressions and illicit pleasures. Bringing formal and cultural analysis into dialogue with industrial history and case law, Hilderbrand examines four decades of often overlooked histories of video recording, including the first network news archive, the underground circulation of Superstar: The Karen Carpenter Story, a feminist tape-sharing network, and the phenomenally popular website YouTube. This book reveals the creative uses of videotape that have made essential content more accessible and expanded our understanding of copyright law. It is a politically provocative, unabashedly nostalgic ode to analog.

[more]
cover of Inside Appellate Courts: The Impact of Court Organization on Judicial Decision Making in the United States Courts of Appeals

Inside Appellate Courts

The Impact of Court Organization on Judicial Decision Making in the United States Courts of Appeals

Jonathan Matthew Cohen

University of Michigan Press, 2002

Inside Appellate Courts is a comprehensive study of how the organization of a court affects the decisions of appellate judges. Drawing on interviews with more than seventy federal appellate judges and law clerks, Jonathan M. Cohen challenges the assumption that increasing caseloads and bureaucratization have impinged on judges' abilities to bestow justice. By viewing the courts of appeals as large-scale organizations, Inside Appellate Courts shows how courts have walked the tightrope between justice and efficiency to increase the number of cases they decide without sacrificing their ability to dispense a high level of justice.
Cohen theorizes that, like large corporations, the courts must overcome the critical tension between the autonomy of the judges and their interdependence and coordination. However, unlike corporations, courts lack a central office to coordinate the balance between independence and interdependence. Cohen investigates how courts have dealt with this tension by examining topics such as the role of law clerks, methods of communication between judges, the effect of a court's size and geographic location, the role of argumentation, the use of visiting judges, the significance of the increasing use of unpublished decisions, and the nature and role of court culture.
Inside Appellate Courts offers the first comprehensive organizational study of the appellate judicial process. It will be of interest to the social scientist studying organizations, the sociology of law, and comparative dispute resolution and have a wide appeal to the legal audience, especially practicing lawyers, legal scholars, and judges.
Jonathan M. Cohen is Attorney at Gilbert, Heintz, and Randolph LLP.
[more]
cover of Inside a Class Action: The Holocaust and the Swiss Banks

Inside a Class Action

The Holocaust and the Swiss Banks

Jane Schapiro

University of Wisconsin Press, 2003

    On October 21, 1996, attorney Michael Hausfeld, with a team of lawyers, filed a class-action complaint against Union Bank of Switzerland, Swiss Bank Corporation, and Credit Suisse on behalf of Holocaust victims. The suit accused the banks of, among other things, acting as the chief financiers for Nazi Germany. Hausfeld wanted to use the suit to prove that the banks not only concealed and refused to return millions of dollars in dormant accounts, but that they acted as a conduit for looted assets and slave labor profits. Such behavior, he charged, violated the code of ethics known as customary international law. On August 12, 1998, the plaintiffs and banks reached a $1.25 billion settlement.
    Through interviews with a wide range of people involved in the case and detailed research of documents and court transcripts, Jane Schapiro shows the ways that egos, personalities, and values clash in such a complex and emotionally charged case. Inside a Class Action provides an insider’s view of a major lawsuit from its inception to its conclusion, which will appeal to anyone interested in human rights, reparations, and international law.

[more]
cover of Insiders and Outsiders in the History of Law

Insiders and Outsiders in the History of Law

Edited by Gwen Seabourne and Joanna McCunn

University of London Press, 2026

Writing the history of law involves choices: whose stories are to be told, and how? 

While earlier scholarship centered on judges, lawyers, and legislators, recent work increasingly examines the experiences of women, colonial subjects, and gender-nonconforming people, using new sources and methods. Insiders and Outsiders in the History of Lawpresents research on the boundaries between legal insiders and outsiders across seven centuries of British legal history.

Drawing on underused records from contexts ranging from medieval Wales to twentieth-century British India, the chapters explore how individuals became insiders or outsiders, how the law treated them, and how they used legal processes. This book highlights the fluidity of this divide and calls for a more representative legal history.

[more]
cover of Institutional Foundations of Impersonal Exchange: Theory and Policy of Contractual Registries

Institutional Foundations of Impersonal Exchange

Theory and Policy of Contractual Registries

Benito Arruñada

University of Chicago Press, 2012

Governments and development agencies spend considerable resources building property and company registries to protect property rights. When these efforts succeed, owners feel secure enough to invest in their property and banks are able use it as collateral for credit. Similarly, firms prosper when entrepreneurs can transform their firms into legal entities and thus contract more safely. Unfortunately, developing registries is harder than it may seem to observers, especially in developed countries, where registries are often taken for granted. As a result, policies in this area usually disappoint.  

Benito Arruñada aims to avoid such failures by deepening our understanding of both the value of registries and the organizational requirements for constructing them. Presenting a theory of how registries strengthen property rights and reduce transaction costs, he analyzes the major trade-offs and proposes principles for successfully building registries in countries at different stages of development. Arruñada focuses on land and company registries, explaining the difficulties they face, including current challenges like the subprime mortgage crisis in the United States and the dubious efforts made in developing countries toward universal land titling. Broadening the account, he extends his analytical framework to other registries, including intellectual property and organized exchanges of financial derivatives. With its nuanced presentation of the theoretical and practical implications, Institutional Foundations of Impersonal Exchange significantly expands our understanding of how public registries facilitate economic growth.

[more]
cover of Institutions and Investments: Foreign Direct Investment in China during an Era of Reforms

Institutions and Investments

Foreign Direct Investment in China during an Era of Reforms

Jun Fu

University of Michigan Press, 2000

As China continues to be heralded as a rising economic power, the need for an understanding of its institutional effects--such as investment-related policies, regulations, and laws--on foreign direct investment increases as well. Institutions and Investments employs interdisciplinary perspectives from economics, business, law, and political science to shed light on the interaction between institutional changes and investment patterns and to form a clear picture of investment behavior as China's legal and regulatory infrastructure has developed over the reform years.
Organized into three main parts, the book first discusses the evolution and nature of China's FDI regulatory framework. Part 2 examines the various modes and variant patterns of FDI in China in the reform years. Part 3's central task is to demonstrate a systematic link between institutional changes in China's FDI regulatory framework and the changing patterns of FDI. In conclusion, Jun Fu finds that China has made substantial progress from a command economy to a market system, but that it still has a long way to go before it truly attains a transparent and rule-based system.
This book adds new dimensions to the scholarship on China as a growing economic power and will be of particular interest to international economists, political scientists, and business scholars studying China.
Jun Fu is Associate Professor in the School of Economics and Management, Tsinghua University.
[more]
cover of Insult to Injury: Libel, Slander, and Invasions of Privacy

Insult to Injury

Libel, Slander, and Invasions of Privacy

Christa Jones

University Press of Colorado, 2003

William K. Jones reviews the seminal US Supreme Court decisions that restrict the First Amendment in order to protect persons against defamatory falsehoods, invasions of privacy, and related psychic harm. Covering cases ranging from a restaurant owner dri
[more]
cover of Intellectual Commons and the Law: A Normative Theory for Commons-Based Peer Production

Intellectual Commons and the Law

A Normative Theory for Commons-Based Peer Production

Antonios Broumas

University of Westminster Press, 2020

‘With clarity and sophistication, Antonios Broumas presents a bold new theory of intellectual commons and powerful arguments for a new body of supportive law. This book not only reveals the misleading logic of intellectual property law in our time; it reveals the rich possibilities for constructive change that legally protected commoning can bring. Highly recommended!’ — David Bollier, Director, Reinventing the Commons Program, Schumacher Center for a New Economics.

‘Liberating the Intellectual Commons from the fetters of capital accumulation and appropriation, would give us a renaissance of creative energies and empowered communities: exactly what the world needs to move away from the social and ecological devastations of our times. This book is a thoughtful and compelling argument for making this possible through the works of the law and the redesign of public domain as a common space.’ — Massimo De Angelis, Professor of Political Economy and Social Change, Co-director of the Centre for Social Justice and Change, University of East London.

‘In this pioneering book, Antonios Broumas argues that philosophically, morally, politically and economically we are in urgent need of a new legal regime that recognizes the intellectual commons, peer production and sharing as the primary practices of intellectual production, distribution and consumption. I cannot imagine a more urgent task today. A legally protected intellectual commons will lead to greater scientific and cultural innovation and creativity and will lead to an urgently needed second Enlightenment. This book should be read by lawyers, critical theorists, economists and the many professionals of science, culture and the academy.’ — Costas Douzinas, Professor of Law, Birkbeck, University of London.

‘Antonios Broumas’ book is an excellent critical analysis of the cultural commons and a must-read for everyone interested in understanding what the commons, the cultural commons, and the digital commons are all about. This work brilliantly outlines the foundations of an empirically grounded critical theory of the commons and the cultural commons in the context of the interactions of law and society.’ — Christian Fuchs, Professor of Media and Communication Studies, author of Communication and Capitalism: A Critical Theory (2020).

‘Broumas takes us on a spellbinding tour of how and why the law could and should change to accommodate the creative multitude, which engages into an emerging mode of production. He tells a vibrant story that makes us shout: “Lawmakers of the world, unite!”’ — Vasilis Kostakis, Professor of P2P Governance, Tallinn University of Technology, Faculty Associate at Harvard Law School.

At the cutting edge of contemporary wealth creation people form self-governed communities of collaborative innovation in conditions of relative equipotency and produce resources with free access to all. The emergent intellectual commons have the potential to commonify intellectual production and distribution, unleash human creativity through collaboration and democratise innovation with wider positive effects for our societies. Contemporary intellectual property laws fail to address this potential. We are, therefore, in pressing need of an institutional alternative beyond the inherent limitations of intellectual property law. This book offers an overall analysis of the moral significance of the intellectual commons and outlines appropriate modes for their regulation. Its principal thesis is that our legal systems are in need of an independent body of law for the protection and promotion of the intellectual commons, in parallel to intellectual property law. In this context, the author of the book proposes the reconstruction of the doctrine of the public domain and the exceptions and limitations of exclusive intellectual property rights into an intellectual commons law, which will underpin a vibrant non-commercial zone of creativity and innovation in intellectual production, distribution and consumption alongside commodity markets enabled by intellectual property law.

[more]
cover of Intellectual Freedom Manual, Eleventh Edition

Intellectual Freedom Manual, Eleventh Edition

Erin Office for Intellectual Freedom

American Library Association, 2026

When someone faces a difficult intellectual freedom (IF) issue, they usually don’t have time to wade through dense text to find the answers they need. Designed as a real-world reference, OIF’s Intellectual Freedom Manual provides trusted, comprehensive guidance for every library worker, from the volunteer to the director, in plain language. Whether you’re developing or reviewing policies, on-boarding new staff or trustees, responding to challenges and controversies, or studying librarianship, you’ll find this a vital tool, with features such as

  • contributions that center the voices of Black, Indigenous, and other People of Color (BIPOC) and LGBTQIA+ people, who are often targeted by censorship efforts;
  • chapters that begin with an overview explaining the big ideas and offering reflection questions;
  • an introduction to IF and why it matters, drawing on ALA's core IF documents and supported with adaptable policy worksheets;
  • information and best practice guidance on key topics such as access, children and youth, censorship and internet filtering, collection development and management, copyright, meeting rooms and exhibit spaces, library programming, politics and religion, privacy, and visits and requests from law enforcement;
  • stories from real people whose lives have been impacted by IF, showing how library policies shape culture, protect staff and users, and affect real people;
  • concise breakdowns of IF issues from legal experts, helping you understand the laws and how they apply in real situations;
  • practical advice on advocating for IF, getting help when challenges arise, lobbying, and working with your elected officials;
  • a thorough index to help you quickly find the information you need; and
  • a helpful glossary and selected bibliography of additional resources.
[more]
cover of Intellectual Property on Campus: Students' Rights and Responsibilities

Intellectual Property on Campus

Students' Rights and Responsibilities

TyAnna K. Herrington

Southern Illinois University Press, 2010

What issues arise when students’ uses of intellectual materials are legally challenged, and how does the academic context affect them? What happens when users of intellectual property, either within or outside the academic structure, violate students’ rights to their intellectual products? In Intellectual Property on Campus, TyAnna K. Herrington addresses these concerns and more, clearing up the confusion often surrounding intellectual property law and its application in an academic setting. Filled with practical information and simple yet thorough explanations, this enlightening volume provides educators and students with a solid basis for understanding the broader impacts of legal and ethical dilemmas involving intellectual materials.

Herrington provides insight for students into how complex concepts such as patent, trademark, copyright, fair use, and plagiarism affect their work. She outlines the potential effects of the choices students make, as well as the benefits and limitations of legal protection for intellectual property, including the thorny issues of authorship and authority under the 1976 Copyright Act. Herrington also explores the topic of student collaboration—now very common on college campuses—and how it affects intellectual property issues and legal relationships, as well as the impact of new technologies, such as blogs, on student work in educational environments.
            Intellectual Property on Campus also provides useful information for administrators and educators. In particular, Herrington investigates the possible ramifications of their pedagogical and policy choices, and examines in depth the responsibility of instructors to treat students’ intellectual property legally, ethically, and conscientiously. Cautioning educators about the limitations on their control over intellectual materials in an academic setting, Herrington encourages teachers to minimize their influence over student works, instead giving pupils more freedom to control their own creations.
            The volume also investigates the rights, responsibilities, and limitations for users of intellectual property, as opposed to creators, especially as related to student or instructor use of copyrighted materials. Discussed in detail are such issues as fair use and the TEACH Act, as well as the often-intertwined areas of plagiarism, authorship, and copyright. In addition, Herrington addresses recent cultural developments regarding the use and creation of intellectual property by students and instructors.
            Written in a jargon-free style that is easy to understand, Intellectual Property on Campus gives students, instructors, and administrators the information they need to navigate the intricate landscape of law and integrity in the realm of academic creation.

[more]
cover of Intellectual Property: Trade, Competition, and Sustainable Development The World Trade Forum, Volume 3

Intellectual Property

Trade, Competition, and Sustainable Development The World Trade Forum, Volume 3

Thomas Cottier and Petros C. Mavroidis, Editors

University of Michigan Press, 2003

The incorporation of intellectual property protection into the WTO international trading system has been a milestone in international economic law and has added a new dimension to trade regulation — new rights and obligations and new challenges alike. The contributors, leading scholars and practitioners in the field, provide insights into the legal relationship of the TRIPs Agreement to the GATT 94 and the GATS. The book widens the debate with a thorough discussion on pending and unresolved relations of TRIPs, the WTO, UPOV, the Convention on Biodiversity and Farmers' Rights contained in the FAO International Undertaking, and efforts of the World Bank GCIAR system, including IPGRI. What will be the impact of TRIPs on ownership of plant genetic resources?
Largely a victory for OECD countries, the present state of intellectual property rights has important implications for developing countries. The incorporation of intellectual property rights into the WTO system will eventually change the relationship of trade, competition, and intellectual property. It will equally have to assist in providing equitable sharing of benefits in the use of plant genetic resources. All of these issues are essential for the revision of exclusions from patenting in TRIPs. This volume offers insights into how this difficult task could and should be approached in a balanced manner and will be essential reading for economists and trade and intellectual property lawyers interested in the subject. Moreover, the volume will be relevant to agricultural economists as it addresses complex problems in the interstices of trade, intellectual property, plant genetic resources, and sustainable development.
Thomas Cottier is Professor of European and International Economic Law, University of Bern, and Managing Director, World Trade Institute, University of Bern.
Petros C. Mavroidis is Professor of Law, University of Neuchâtel. He formerly worked in the Legal Affairs Division of the World Trade Organization.
Marion Panizzon is Research Fellow, University of Bern.
Simon Lacey is Research Fellow, University of Bern.
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