460 books match the query 'Law and legislation' and 21 start with i

cover of I Ask for Justice: Maya Women, Dictators, and Crime in Guatemala, 1898–1944

I Ask for Justice

Maya Women, Dictators, and Crime in Guatemala, 1898–1944

By David Carey Jr.

University of Texas Press, 2013

This study of the Guatemalan legal system during the regimes of two of Latin America’s most repressive dictators reveals the surprising extent to which Maya women used the courts to air their grievances and defend their human rights.

Winner, Bryce Wood Book Award, Latin American Studies Association, 2015

Given Guatemala’s record of human rights abuses, its legal system has often been portrayed as illegitimate and anemic. I Ask for Justice challenges that perception by demonstrating that even though the legal system was not always just, rural Guatemalans considered it a legitimate arbiter of their grievances and an important tool for advancing their agendas. As both a mirror and an instrument of the state, the judicial system simultaneously illuminates the limits of state rule and the state’s ability to co-opt Guatemalans by hearing their voices in court.

Against the backdrop of two of Latin America’s most oppressive regimes—the dictatorships of Manuel Estrada Cabrera (1898–1920) and General Jorge Ubico (1931–1944)—David Carey Jr. explores the ways in which indigenous people, women, and the poor used Guatemala’s legal system to manipulate the boundaries between legality and criminality. Using court records that are surprisingly rich in Maya women’s voices, he analyzes how bootleggers, cross-dressers, and other litigants crafted their narratives to defend their human rights. Revealing how nuances of power, gender, ethnicity, class, and morality were constructed and contested, this history of crime and criminality demonstrates how Maya men and women attempted to improve their socioeconomic positions and to press for their rights with strategies that ranged from the pursuit of illicit activities to the deployment of the legal system.

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cover of I'm Not There

I'm Not There

Noah Tsika

University of Texas Press, 2023

An examination of director Todd Haynes and his Bob Dylan biopic.

As the first and only Bob Dylan “biopic,” I’m Not There caused a stir when released in 2007. Offering a surreal retelling of moments from Dylan’s life and career, the film is perhaps best known for its distinctive approach to casting, including Cate Blanchett and Marcus Carl Franklin, a Black child actor, as versions of Dylan though none of the characters bear his name. Greenlit by Bob Dylan himself, the film uses Dylan’s music as a score, a triumph for famed queer filmmaker Todd Haynes after encountering issues with copyright in previous projects.

Noah Tsika eloquently characterizes all the ways that Dylan and Haynes harmonize in their methods and sensibilities, interpreting the rule-breaking film as a biography that refuses chronology, disdains factual accuracy, flirts with libel, and cannibalizes Western cinema. Fitting the film’s inspiration, creation, and reception alongside its continuing afterlife, Tsika examines Dylan’s music in the film through the context of intellectual property, raising questions about who owns artistic material and artistic identities and how such material can be reused and repurposed. Tsika’s adventurous analysis touches on gender, race, queerness, celebrity, popular culture, and the law, while offering much to Haynes and Dylan fans alike.

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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 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 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 Implementing the Endangered Species Act on the Platte Basin Water Commons

Implementing the Endangered Species Act on the Platte Basin Water Commons

David M. Freeman

University Press of Colorado, 2010

Water users of the Platte River Basin have long struggled to share this scarce commodity in the arid high plains, ultimately organizing collectively owned and managed water systems, allocating water along extensive stream systems, and integrating newer groundwater with existing surface-water uses. In 1973, the Endangered Species Act brought a new challenge: incorporating the habitat needs of four species-the whooping crane, piping plover, least tern, and pallid sturgeon-into its water-management agenda.

Implementing the Endangered Species Act on the Platte Basin Water Commons tells of the negotiations among the U.S. Department of the Interior, the environmental community, and the states of Wyoming, Colorado, and Nebraska that took place from the mid-1970s to 2006. Ambitious talks among rival water users, environmentalists, state authorities, and the Department of the Interior finally resulted in the Platte River Habitat Recovery Program.

Documenting how organizational interests found remedies within the conditions set by the Endangered Species Act, describing how these interests addressed habitat restoration, and advancing sociological propositions under which water providers transcended self-interest and produced an agreement benefiting the environment, this book details the messy process that took place over more than thirty years. Presenting important implications for the future of water management in arid and semi-arid environments, this book will be of interest to anyone involved in water management, as well as academics interested in the social organization of common property.
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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 the Shadow of Freedom: The Politics of Slavery in the National Capital

In the Shadow of Freedom

The Politics of Slavery in the National Capital

Paul Finkelman

Ohio University Press, 2011

Few images of early America were more striking, and jarring, than that of slaves in the capital city of the world’s most important free republic. Black slaves served and sustained the legislators, bureaucrats, jurists, cabinet officials, military leaders, and even the presidents who lived and worked there. While slaves quietly kept the nation’s capital running smoothly, lawmakers debated the place of slavery in the nation, the status of slavery in the territories newly acquired from Mexico, and even the legality of the slave trade in itself.

This volume, with essays by some of the most distinguished historians in the nation, explores the twin issues of how slavery made life possible in the District of Columbia and how lawmakers in the district regulated slavery in the nation.

Contributors: David Brion Davis, Mary Beth Corrigan, A. Glenn Crothers, Jonathan Earle, Stanley Harrold, Mitch Kachun, Mary K. Ricks, James B. Stewart, Susan Zaeske, David Zarefsky

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cover of In the Smaller Scope of Conscience: The Struggle for National Repatriation Legislation, 1986–1990

In the Smaller Scope of Conscience

The Struggle for National Repatriation Legislation, 1986–1990

C. Timothy McKeown

University of Arizona Press, 2014

In 1989, The National Museum of the American Indian Act (NMAIA) was successfully passed after a long and intense struggle. One year later, the Native American Graves Protection and Repatriation Act (NAGPRA) followed. These federal repatriation statutes—arguably some of the most important laws in the history of anthropology, museology, and American Indian rights—enabled Native Americans to reclaim human remains, funerary objects, sacred objects, and objects of cultural patrimony.

Twenty years later, the controversy instigated by the creation of NMAIA and NAGPRA continues to simmer. In the Smaller Scope of Conscience is a thoughtful and detailed study of the ins and outs of the four-year process behind these laws. It is a singular contribution to the history of these issues, with the potential to help mediate the ongoing debate by encouraging all sides to retrace the steps of the legislators responsible for the acts.

Few works are as detailed as McKeown’s account, which looks into bills that came prior to NMAIA and NAGPRA and combs the legislative history for relevant reports and correspondence. Testimonies, documents, and interviews from the primary players of this legislative process are cited to offer insights into the drafting and political processes that shaped NMAIA and NAGPRA.

Above all else, this landmark work distinguishes itself from earlier legislative histories with the quality of its analysis. Invested and yet evenhanded in his narrative, McKeown ensures that this journey through history—through the strategies and struggles of different actors to effect change through federal legislation—is not only accurate but eminently intriguing.

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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.

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cover of India's Organic Farming Revolution: What It Means for Our Global Food System

India's Organic Farming Revolution

What It Means for Our Global Food System

Sapna E. Thottathil

University of Iowa Press, 2014

Should you buy organic food? Is it just a status symbol, or is it really better for us? Is it really better for the environment? What about organic produce grown thousands of miles from our kitchens, or on massive corporately owned farms? Is “local” or “small-scale” better, even if it’s not organic? A lot of consumers who would like to do the right thing for their health and the environment are asking such questions.

Sapna Thottathil calls on us to rethink the politics of organic food by focusing on what it means for the people who grow and sell it—what it means for their health, the health of their environment, and also their economic and political well-being. Taking readers to the state of Kerala in southern India, she shows us a place where the so-called “Green Revolution” program of hybrid seeds, synthetic fertilizers, and rising pesticide use had failed to reduce hunger while it caused a cascade of economic, medical, and environmental problems. Farmers burdened with huge debts from buying the new seeds and chemicals were committing suicide in troubling numbers. Farm laborers suffered from pesticide poisoning and rising rates of birth defects. A sharp fall in biodiversity worried environmental activists, and everyone was anxious about declining yields of key export crops like black pepper and coffee.

In their debates about how to solve these problems, farmers, environmentalists, and policymakers drew on Kerala’s history of and continuing commitment to grassroots democracy. In 2010, they took the unprecedented step of enacting a policy that requires all Kerala growers to farm organically by 2020. How this policy came to be and its immediate economic, political, and physical effects on the state’s residents offer lessons for everyone interested in agriculture, the environment, and what to eat for dinner. Kerala’s example shows that when done right, this kind of agriculture can be good for everyone in our global food system.
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cover of Indie Porn: Revolution, Regulation, and Resistance

Indie Porn

Revolution, Regulation, and Resistance

Zahra Stardust

Duke University Press, 2024

In Indie Porn, Zahra Stardust examines the motivations and interventions of independent porn producers as they navigate criminal laws, risk-averse platforms, discriminatory algorithms, and rampant piracy. Herself a porn performer and participant, Stardust takes readers behind the scenes, offering intimate insights into this sociopolitical movement. She finds politicians who watch porn in parliament, protesters leading face-sitting demonstrations, sex workers making COVID-safe pornography, and artists reverse-engineering porn detection software. Against the backdrop of a global gig economy, Stardust documents the promises of indie porn to democratize content, revolutionize production, and redistribute wealth while outlining the fantasies of regulators, whose illusions of what porn is and does foreclose possibilities for transformation. Inevitably, as these paradigms collide, porn producers engage in creative tactics to hustle for survival and visibility, from ethical certification to law reform, sometimes reproducing hierarchies of stigma themselves. By highlighting how porn stigma is bound up with intersecting oppressions, Stardust identifies these junctions as coalitional opportunities for changing social relationships to sex, work, and capitalism.
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cover of Individual Freedoms and State Security in the African Context: The Case of Zimbabwe

Individual Freedoms and State Security in the African Context

The Case of Zimbabwe

John Hatchard

Ohio University Press, 1993

In 1980 the ZANU/PF government of Robert Mugabe came to power after an extended war of liberation. They inherited a cluster of emergency laws similar to those available to the authorities in South Africa. It was also the beginning of the cynical South African state policy of destabilization of the frontline states. This led to a dangerous period of insurrection in Mashonaland and increased activity by Renamo.

Dr. Hatchard uses the case of Zimbabwe to ask questions about the use of authority in contemporary African states. He examines:
1. Whether and in what circumstances the declaration and retention of a state of emergency is justified;
2.The scope of emergency regulations and their impact on individual freedoms;
3.What safeguards are necessary in order to protect those freedoms during a state of emergency.

The relationship is studied from a political as well as a legal perspective. Dr. Hatchard examines the role law has played, is playing and may play. The author concludes that, even if the state of emergency is justified, this does not necessitate the curtailment of the exercise of individual freedoms.

There are many comparisons with the rest of Africa. The book is of practical importance for members of the judiciary, legal practitioners, politicians and human rights organizations. The difficult questions it poses make stimulating teaching material for students of the Third World who want to understand the reality of the exercise of power in fragile situations.

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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.

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cover of International Bankruptcy: The Challenge of Insolvency in a Global Economy

International Bankruptcy

The Challenge of Insolvency in a Global Economy

Jodie Adams Kirshner

University of Chicago Press, 2018

With the growth of international business and the rise of companies with subsidiaries around the world, the question of where a company should file bankruptcy proceedings has become increasingly complicated. Today, most businesses are likely to have international trading partners, or to operate and hold assets in more than one country. To execute a corporate restructuring or liquidation under several different insolvency regimes at once is an enormous and expensive challenge.
With International Bankruptcy, Jodie Adams Kirshner explores the issues involved in determining which courts should have jurisdiction and which laws should apply in addressing problems within. Kirshner brings together theory with the discussion of specific cases and legal developments to explore this developing area of law. Looking at the key issues that arise in cross-border proceedings, International Bankruptcy offers a guide to this legal environment. In addition, she explores how globalization has encouraged the creation of new legal practices that bypass national legal systems, such as the European Insolvency Framework and the Model Law on Cross-Border Insolvency of the United Nations Commission on International Trade Law. The traditional comparative law framework misses the nuances of these dynamics. Ultimately, Kirshner draws both positive and negative lessons about regulatory coordination in the hope of finding cleaner and more productive paths to wind down or rehabilitate failing international companies.
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cover of International Law, Sustainable Development and Water Management

International Law, Sustainable Development and Water Management

Antoinette Hildering

Eburon Academic Publishers, 2005

Water covers about three-fourths of the earth's surface. Still, over one billion people do not have access to clean drinking water—a problem that many governments across the globe seem unable to redress. International Law, Sustainable Development and Water Management explores the political issues inherent in global water management, analysing water as a social, economic, and ecological good, and then applying the principles of international law to resource development policies. Antoinette Hildering's proposed framework for change, "Guardianship Over Water," offers policymakers practical guidelines for water management at a local, national, and international level.
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cover of Interracial Intimacy: The Regulation of Race and Romance

Interracial Intimacy

The Regulation of Race and Romance

Rachel F. Moran

University of Chicago Press, 2003

As late as the 1960s, states could legally punish minorities who either had sex with or married persons outside of their racial groups. In this first comprehensive study of the legal regulation of interracial relationships, Rachel Moran grapples with the consequences of that history, candidly confronting its profound effects on not only conceptions of race and identity, but on ideas about sex, marriage, and family.

"A good introduction to an issue too often overlooked. . . . The writing is clear and accessible, the evidence is evocative, and the ideas are challenging."—Beth Kiyoko Jamieson, Law and Politics Book Review

"U. S. government bodies have tried to regulate interracial intimacy from the day Pocahontas married John Rolfe up through Loving v. Virginia, which found antimiscegentation laws unconstitutional in 1967. . . . The weirder anecdotes from our racial history enliven this study, which is likely to become a classic in its field."—Publishers Weekly

"Moran examines the history of U. S. regulation of cross-racial romance, considering the impact of that regulation on the autonomy of individuals and families as well as on racial identity and equality. . . . She is attuned to the nuances of race in this polyglot nation, and supplies thoughtful analysis of these nuances."—Booklist

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cover of Intimate Associations: The Law and Culture of American Families

Intimate Associations

The Law and Culture of American Families

J. Herbie DiFonzo and Ruth C. Stern

University of Michigan Press, 2013

The rise in divorce, cohabitation, single parenthood, and same-sex partnerships, along with an increase in surrogacy, adoption, and assisted reproductive technologies, has led to many diverse configurations of families, or intimate associations. J. Herbie DiFonzo and Ruth C. Stern chart these trends over the past several decades and investigate their social, legal, and economic implications.

Drawing upon a wealth of social science data, they show that, by a number of measures, children of married parents fare better than children in a household formed by cohabiting adults. This is not to condemn nontraditional families, but to point out that society and the law do not yet adequately provide for their needs. The authors applaud the ways in which courts and legislatures are beginning to replace rigid concepts of marriage and parenthood with the more flexible concept of “functional” family roles. In the conclusion, they call for a legal system that can adapt to the continually changing reality of family life.

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cover of Invention, Copyright, and Digital Writing

Invention, Copyright, and Digital Writing

Martine Courant Rife

Southern Illinois University Press, 2013

This is the first empirical, mixed-methods study of copyright issues that speaks to writing specialists and legal scholars about the complicated intersections of rhetoric, technology, copyright law, and writing for the Internet. Martine Courant Rife opens up new conversations about how invention and copyright work together in the composing process for  digital writers and how this relationship is central to contemporary issues in composition pedagogy and curriculum.

In this era of digital writing and publishing, composition and legal scholars have identified various problems with writers’ processes and the law’s construction of textual ownership, such as issues of appropriation, infringement, and fair use within academic and online contexts. Invention, Copyright, and Digital Writing unpacks digital writers’ complex perceptions of copyright, revealing how it influences what they choose to write and how it complicates their work. Rife uses quantitative and qualitative approaches and focuses on writing as a tool and a technology-mediated activity, arguing the copyright problem is about not law but invention and the attendant issues of authorship.

Looking at copyright and writing through a rhetorical lens, Rife leverages the tools and history of rhetoric to offer insights into how some of our most ancient concepts inform our understanding of the problems copyright law creates for writers. In this innovative study that will be of interest to professional and technical writers, scholars and students of writing and rhetoric, and legal professionals, Rife offers possibilities for future research, teaching, curriculum design, and public advocacy in regard to composition and changing copyright laws.

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