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What’s wrong with the contemporary American medical system? What does it mean when a state’s democratic presidential primary casts 40% of its votes for a felon incarcerated in another state? What’s so bad about teaching by PowerPoint? What is truly the dirtiest word in America?

These are just a few of the engaging and controversial issues that Michael Blumenthal, poet, novelist, essayist, and law professor, tackles in this collection of poignant essays commissioned by West Virginia Public Radio. 

In these brief essays, Blumenthal provides unconventional insights into our contemporary political, educational, and social systems, challenging us to look beyond the headlines to the psychological and sociological realities that underlie our conventional thinking. 

As a widely published poet and novelist, Blumenthal brings along a lawyer’s analytical ability with his literary sensibility, effortlessly facilitating a distinction between the clichés of today’s pallid political discourse and the deeper realities that lie beneath. This collection will captivate and provoke those with an interest in literature, politics, law, and the unwritten rules of our social and political engagements.

Modern academic criticism bursts with what Eve Kosofsky Sedgwick once termed paranoid readings—interpretative feats that aim to prove a point, persuade an audience, and subtly denigrate anyone who disagrees. Driven by strategies of negation and suspicion, such rhetoric tends to drown out softer-spoken reparative efforts, which forego forceful argument in favor of ruminations on pleasure, love, sentiment, reform, care, and accessibility.

Just Vibrations: The Purpose of Sounding Good calls for a time-out in our serious games of critical exchange. Charting the divergent paths of paranoid and reparative affects through illness narratives, academic work, queer life, noise pollution, sonic torture, and other touchy subjects, William Cheng exposes a host of stubborn norms in our daily orientations toward scholarship, self, and sound. How we choose to think about the perpetration and tolerance of critical and acoustic offenses may ultimately lead us down avenues of ethical ruin—or, if we choose, repair. With recourse to experimental rhetoric, interdisciplinary discretion, and the playful wisdoms of childhood, Cheng contends that reparative attitudes toward music and musicology can serve as barometers of better worlds.

In Just Who Loses? Samuel Roundfield Lucas continues his penetrating and comprehensive assessment of sex and race discrimination in the United States that he began in Theorizing Discrimination in an Era of Contested Prejudice.

This new volume demonstrates that the idea of discrimination being a zero-sum game is a fallacy. If discrimination costs women, men do not necessarily reap the gains. Likewise, if discrimination costs blacks, non-blacks do not reap the gains. Lucas examines the legal adjudication of discrimination, as well as wider public debates about policy on the issue, to prove how discrimination actually operates. 

He uses analytic methods to show that across the socioeconomic lifecycle—including special education placement, unemployment, occupational attainment, earnings, poverty, and even mortality—both targets and non-targets of discrimination “lose.”

In Just Who Loses? Lucas proposes the construction of a broad-based coalition to combat the pervasive discrimination that affects social relations and law in the United States.

Winner, 2019 Booker Worthen Prize from the Central Arkansas Library System.

A dedicated advocate for social justice long before the term entered everyday usage, Rabbi Ira Sanders began striving against the Jim Crow system soon after he arrived in Little Rock from New York in 1926. Sanders, who led Little Rock’s Temple B’nai Israel for nearly forty years, was a trained social worker as well as a rabbi and his career as a dynamic religious and community leader in Little Rock spanned the traumas of the Great Depression, World War II and the Holocaust, and the social and racial struggles of the 1950s and 1960s.

Just and Righteous Causes—a full biographical study of this bold social-activist rabbi—examines how Sanders expertly navigated the intersections of race, religion, and gender to advocate for a more just society. It joins a growing body of literature about the lives and histories of Southern rabbis, deftly balancing scholarly and narrative tones to provide a personal look into the complicated position of the Southern rabbi and the Jewish community throughout the political struggles of the twentieth-century South.

This book examines the effectiveness and deficiencies of judicial intervention in solving the problems of discrimination in the nation’s schools. The authors present case studies, surveys, and interviews of the lawyers and judges who participated in the leading cases. And they analyze critical issues that remain unresolved, such as the battle over racial desegregation that still rages in Yonkers, New York.

Marlys Wohlenhaus was an animated, energetic eighteen-year-old girl. Then, one afternoon, everything changed. She should have been safe working at the town restaurant. She should have been safe in her own home. She should still be alive today. But in May 1979, Marlys became the victim in every parent’s most horrific nightmare.

At once a gripping story and an in-depth look at the grief of losing a child, Justice for Marlys relates the true account of a serial killer, Joseph Ture Jr., who slipped past the law again and again during a three-year-long crime spree. It was Ture who brutally murdered Marlys Wohlenhaus in her own home. John S. Munday, the husband of Marlys’s mother, reconstructs the murder and the seventeen-year investigation that led to the capture and conviction of Ture, allowing the reader to explore the horror, obsession, dedication, and finally the peace that he and his wife experienced in the search for and eventual conviction of her daughter’s killer. Justice for Marlys generates suspense and sympathy as Munday recounts how Marlys’s case was solved through the efforts of the victim’s tenacious family, supportive news media, and persistent investigators.

 Munday gives readers a terrifying sense of the unimaginable grief and despair in the hearts of those who lose a child, yet he also shares his intensely personal exploration of the resilience and power within the human spirit.

John S. Munday is an intellectual property attorney who lives with his wife Fran in Isanti County, Minnesota. He is also the author of Surviving the Death of a Child, a contributing editor for Grief Digest, and a member of the board of directors of the Other Side Magazine.

Justice Antonin Scalia (1936–2016) was the single most important figure in the emergence of the “new originalist” interpretation of the US Constitution, which sought to anchor the court’s interpretation of the Constitution to the ordinary meaning of the words at the time of drafting. For Scalia, the meaning of constitutional provisions and statutes was rigidly fixed by their original meanings with little concern for extratextual considerations. While some lauded his uncompromising principles, others argued that such a rigid view of the Constitution both denies and attempts to limit the discretion of judges in ways that damage and distort our system of law.

In this edited collection, leading scholars from law, political science, philosophy, rhetoric, and linguistics look at the ways Scalia framed and stated his arguments. Focusing on rhetorical strategies rather than the logic or validity of Scalia’s legal arguments, the contributors collectively reveal that Scalia enacted his rigidly conservative vision of the law through his rhetorical framing.

Running through the history of jurisprudence and legal theory is a recurring concern about the connections between law and justice and about the ways law is implicated in injustice. In earlier times law and justice were viewed as virtually synonymous. Experience, however, has taught us that, in fact, injustice may be supported by law. Nonetheless, the belief remains that justice is the special concern of law.

 

Commentators from Plato to Derrida have called law to account in the name of justice, asked that law provide a language of justice, and demanded that it promote the attainment of justice. The justice that is usually spoken about in these commentaries is elusive, if not illusory, and disconnected from the embodied practice of law.

 

Furthermore, the very meaning of justice, especially as it relates to law, is in dispute. Justice may refer to distributional issues or it may involve primarily procedural questions, impartiality in judgment or punishment and recompense.

 

The essays collected in Justice and Injustice in Law and Legal Theory seek to remedy this uncertainty about the meaning of justice and its disembodied quality, by embedding inquiry about justice in an examination of law's daily practices, its institutional arrangements, and its engagement with particular issues at particular moments in time. The essays examine the relationship between law and justice and injustice in specific issues and practices and, in doing so, make the question of justice come alive as a concrete political question. They draw on the disciplines of history, law, anthropology, and political science.

 

Contributors to this volume include Nancy Coot, Joshua Coven, Robert Gorton, Frank Michelin, and Michael Tossing.

 

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.

Justice and Legal Change on the Shores of Lake Erie explores the many ways that the United States District Court for the Northern District of Ohio has affected the region, the nation, the development of American law, and American politics.

The essays in this book, written by eminent law professors, historians, political scientists, and practicing attorneys, illustrate the range of cases and issues that have come before the court. Since the court’s inception in 1855, judges have influenced economic developments and social issues, beginning with the court’s most famous early case, involving the rescue of the fugitive slave John Price by residents of Northern Ohio. Chapters focusing on labor strikes, free speech, women’s rights, the environment, the death penalty, and immigration illustrate the impact this court and its judges have had in the development of society and the nation’s law. Some of the cases here deal with local issues with huge national implications xad—like political corruption, school desegregation, or pollution on the Cuyahoga River. But others are about major national issues that grew out of incidents, such as the prosecution of Eugene V. Debs for opposing World War I, the litigation resulting from the Kent State shootings and opposition to the Vietnam War, and the immigration status of the alleged Nazi war criminal John Demyanjuk.

This timely history confirms the significant role played by district courts in the history of the United States.

Justice and Reform is the first study of the origins, philosophy, creation, management, and impact of the Office of Economic Opportunity Legal Services Program. As such, it clearly and concisely describes the Program's role both as an instrument of equal justice and as a strategy for overcoming poverty. Timely, important, and unique, it tells the story behind the OEO Legal Services Program—an endeavor that has been called both the most successful element of the war on poverty and the most stimulating development to occur in the American legal profession during the Twentieth Century. The early chapters in the book reveal the nature and motivations of the two groups which joined to create the Program: the conservative, American Bar Association sponsored 89-year-old legal aid movement and the Ford Foundation-financed neighborhood lawyer experiments that started in 1962 under the direction of young activist lawyers. Why they merged and how they merged forms the background for a description of how the partners persuaded the OEO bureaucracy to start a legal services program and convinced over 200 communities (including most large cities) to set up a federally funded legal assistance agency. Legal Services Program established policy, how it settled upon "law reform" as the priority function of the Program, how it preserved the integrity of its policies within OEO, and how it caused its grantees to engage in law reform. Chapter 8 evaluates, for the first time, the economic, political, and social impact of the Program as of 1972. The final chapter speculates on the future of government-subsidized legal assistance in the United States from the perspective of the OEO program's twin goals of equal justice and social reform.

Databases of both convicted offenders and no-suspect cases demonstrate the power of DNA testing to solve the unsolvable. George “Woody” Clarke is a leading authority in legal circles and among the news media because of his expertise in DNA evidence. In this memoir, Clarke chronicles his experiences in some of the most disturbing and notorious sexual assault and murder court cases in California. He charts the beginnings of DNA testing in police investigations and the fight for its acceptance by courts and juries. He illustrates the power of science in cases he personally prosecuted or in which he assisted, including his work with the prosecution team in the trial of O. J. Simpson.

Clarke also covers cases where DNA evidence was used to exonerate. He directed a special project in San Diego County, proactively examining over six hundred cases of defendants convicted and sentenced to prison before 1993, with the goal of finding instances in which DNA typing might add new evidence and then offered testing to those inmates.

As Clarke tells the story of how he came to understand and use this new form of evidence, readers will develop a new appreciation for the role of science in the legal system.

Today’s American cities and suburbs are the sites of “thick injustice”—unjust power relations that are deeply and densely concentrated as well as opaque and seemingly intractable. Thick injustice is hard to see, to assign responsibility for, and to change.

Identifying these often invisible and intransigent problems, this volume addresses foundational questions about what justice requires in the contemporary metropolis. Essays focus on inequality within and among cities and suburbs; articulate principles for planning, redevelopment, and urban political leadership; and analyze the connection between metropolitan justice and institutional design. In a world that is progressively more urbanized, and yet no clearer on issues of fairness and equality, this book points the way to a metropolis in which social justice figures prominently in any definition of success.

Contributors: Susan S. Fainstein, Harvard U; Richard Thompson Ford, Stanford U; Gerald Frug, Harvard U; Loren King, Wilfrid Laurier U; Margaret Kohn, U of Toronto; Stephen Macedo, Princeton U; Douglas W. Rae, Yale U; Clarence N. Stone, George Washington U; Margaret Weir, U of California, Berkeley; Thad Williamson, U of Richmond.

White extends his conception of United States law as a constitutive rhetoric shaping American legal culture that he proposed in When Words Lose Their Meaning, and asks how Americans can and should criticize this culture and the texts it creates. In determining if a judicial opinion is good or bad, he explores the possibility of cultural criticism, the nature of conceptual language, the character of economic and legal discourse, and the appropriate expectations for critical and analytic writing. White employs his unique approach by analyzing individual cases involving the Fourth Amendment of the United States constitution and demonstrates how a judge translates the facts and the legal tradition, creating a text that constructs a political and ethical community with its readers.

"White has given us not just a novel answer to the traditional jurisprudential questions, but also a new way of reading and evaluating judicial opinions, and thus a new appreciation of the liberty which they continue to protect."—Robin West, Times Literary Supplement

"James Boyd White should be nominated for a seat on the Supreme Court, solely on the strength of this book. . . . Justice as Translation is an important work of philosophy, yet it is written in a lucid, friendly style that requires no background in philosophy. It will transform the way you think about law."—Henry Cohen, Federal Bar News & Journal

"White calls us to rise above the often deadening and dreary language in which we are taught to write professionally. . . . It is hard to imagine equaling the clarity of eloquence of White's challenge. The apparently effortless grace of his prose conveys complex thoughts with deceptive simplicity."—Elizabeth Mertz, Yale Journal of Law and the Humanities

"Justice as Translation, like White's earlier work, provides a refreshing reminder that the humanities, despite the pummelling they have recently endured, can be humane."—Kenneth L. Karst, Michigan Law Review

Civil rights leader and legislator Lloyd A. Barbee frequently signed his correspondence with "Justice for All," a phrase that embodied his life’s work of fighting for equality and fairness. An attorney most remembered for the landmark case that desegregated Milwaukee Public Schools in 1972, Barbee stood up for justice throughout his career, from defending University of Wisconsin students who were expelled after pushing the school to offer black history courses, to representing a famous comedian who was arrested after stepping out of a line at a protest march. As the only African American in the Wisconsin legislature from 1965 to 1977, Barbee advocated for fair housing, criminal justice reform, equal employment opportunities, women’s rights, and access to quality education for all, as well as being an early advocate for gay rights and abortion access.

This collection features Barbee’s writings from the front lines of the civil rights movement, along with his reflections from later in life on the challenges of legislating as a minority, the logistics of coalition building, and the value of moving the needle on issues that would outlast him. Edited by his daughter, civil rights lawyer Daphne E. Barbee-Wooten, these documents are both a record of a significant period of conflict and progress, as well as a resource on issues that continue to be relevant to activists, lawmakers, and educators.

Smith Morrill: Almost every land-grant college or university in the United States has a building named for him; but are his contributions truly recognized and understood? Here is the first biography on this renowned statesman in six decades. Representative and then senator from Vermont, Morrill began his tenure in Congress in 1855 and served continuously for forty-three years. His thirty- one years in the upper chamber alone earned him the title "Father of the Senate." Coy F. Cross reveals a complex and influential political figure who, as chair of the House Ways and Means Committee, and then the Senate Finance Committee, influenced American economic policy for nearly fifty years.
Morrill's most-recognized achievements are the pieces of legislation that bear his name: the Morrill land-grant college acts of 1862 and 1890. His legacy, inspired by the Jeffersonian ideal of an educated electorate, revolutionized American higher education. Prior to this legislation, colleges and universities were open primarily to affluent white men and studies were limited largely to medicine, theology, and philosophy. Morrill's land-grant acts eventually opened American higher education to the working class, women, minorities, and immigrants. Since 1862, more than 20 million people have graduated from the 104 land-grant colleges and universities spawned by his grand vision. In this long-overdue study, Cross shows the "Father of Land-Grant Colleges" to be one of America's formative nineteenth- century political figures.