JULIANNA S. GONEN
The Ohio State University Press, 2003
Leon Fink, Juan Palacio
University of Illinois Press, 2018
Cherryl Walker
Ohio University Press, 2008
The year 2008 is the deadline set by President Mbeki for the finalization of all land claims by people who were dispossessed under the apartheid and previous white governments. Although most experts agree this is an impossible deadline, it does provide a significant political moment for reflection on the ANC government’s program of land restitution since the end of apartheid.
Land reform (and land restitution within that) remains a highly charged issue in South Africa, one that deserves more in–depth analysis. Drawing on her experience as Rural Land Claims Commissioner in KwaZulu–Natal from 1995 to 2000, Professor Cherryl Walker provides a multilayered account of land reform in South Africa, one that covers general critical commentary, detailed case material, and personal narrative. She explores the master narrative of loss and restoration, which has been fundamental in shaping the restitution program; offers a critical overview of the achievements of the program as a whole; and discusses what she calls the “non–programmatic limits to land reform,” including urbanization, environmental constraints and the impact of HIV/AIDS.
Nicolas Howe
University of Chicago Press, 2016
Ceil Lucas
Gallaudet University Press, 2003
Bernard E. Harcourt
University of Chicago Press, 2006
Tibor Várady
Central European University Press, 2000
Linguistic Human Rights (LHR) is a fast growing new area of study combining the principles of national and international law with the study of language as a central dimension of ethnicity. Implementation of these principles is aimed at ensuring that no state or society violates these basic rights.
This path breaking study broadens our knowledge of the important role of language in minority rights and in social and political struggles for LHRs. Exploring the interactions of linguistic diversity, biodiversity, the free market and human rights, the contributors present case studies to highlight such issues as Kurdish satellite TV attempting to create a virtual state on the air through trying to achieve basic LHR’s for Kurds in Turkey; the implementation of LHRs in the Baltic states; language rights activism in Canada; the spread of English as an international language; and the obstacles met in education by Roma and the Deaf in Hungary because of lack of appropriate LHRs.
Language: A Right and a Resource is a valuable multi-disciplinary text which can be used in a variety of different areas of study in the legal profession, linguistics, cultural and political studies.
Eric A. Posner
University of Chicago Press, 2018
By M. C. Mirow
University of Texas Press, 2004
Private law touches every aspect of people's daily lives—landholding, inheritance, private property, marriage and family relations, contracts, employment, and business dealings—and the court records and legal documents produced under private law are a rich source of information for anyone researching social, political, economic, or environmental history. But to utilize these records fully, researchers need a fundamental understanding of how private law and legal institutions functioned in the place and time period under study.
This book offers the first comprehensive introduction in either English or Spanish to private law in Spanish Latin America from the colonial period to the present. M. C. Mirow organizes the book into three substantial sections that describe private law and legal institutions in the colonial period, the independence era and nineteenth century, and the twentieth century. Each section begins with an introduction to the nature and function of private law during the period and discusses such topics as legal education and lawyers, legal sources, courts, land, inheritance, commercial law, family law, and personal status. Each section also presents themes of special interest during its respective time period, including slavery, Indian status, codification, land reform, and development and globalization.
By Carlos R. Soltero
University of Texas Press, 2006
To achieve justice and equal protection under the law, Latinos have turned to the U.S. court system to assert and defend their rights. Some of these cases have reached the United States Supreme Court, whose rulings over more than a century have both expanded and restricted the legal rights of Latinos, creating a complex terrain of power relations between the U.S. government and the country's now-largest ethnic minority. To map this legal landscape, Latinos and American Law examines fourteen landmark Supreme Court cases that have significantly affected Latino rights, from Botiller v. Dominguez in 1889 to Alexander v. Sandoval in 2001.
Carlos Soltero organizes his study chronologically, looking at one or more decisions handed down by the Fuller Court (1888-1910), the Taft Court (1921-1930), the Warren Court (1953-1969), the Burger Court (1969-1986), and the Rehnquist Court (1986-2005). For each case, he opens with historical and legal background on the issues involved and then thoroughly discusses the opinion(s) rendered by the justices. He also offers an analysis of each decision's significance, as well as subsequent developments that have affected its impact. Through these case studies, Soltero demonstrates that in dealing with Latinos over issues such as education, the administration of criminal justice, voting rights, employment, and immigration, the Supreme Court has more often mirrored, rather than led, the attitudes and politics of the larger U.S. society.
Curtis J. Milhaupt and Katharina Pistor
University of Chicago Press, 2008
Shira Birnbaum
Temple University Press, 2001
Edited by Rainer Hofmann and Stefan Kadelbach
Campus Verlag, 2016
Martha T. Roth
SBL Press, 1997
Gary Bellow and Martha Minow, Editors
University of Michigan Press, 1998
Mildred Wigfall Robinson
Vanderbilt University Press, 2008
What Brown did was to elevate race from the country's dirty secret to its most urgent topic of conversation. This book stands alone in presenting, in one source, stories of black and white Americans, men and women, from all parts of the nation, who were public school students during the years immediately after Brown. All shared an epiphany. Some became aware of race and the burden of racial separation. Others dared to hope that the yoke of racial oppression would at last be lifted.
The editors surveyed 4750 law professors born between 1936 and 1954, received 1000 responses, and derived these forty essays from those willing to write personal accounts of their childhood experiences in the classroom and in their communities. Their moving stories of how Brown affected them say much about race relations then and now. They also provide a picture of how social change can shape the careers of an entire generation in one profession.
Contributors provide accounts from across the nation. Represented are
-de jure states, those segregated by law at the time of Brown, including Alabama, Florida, Georgia, Louisiana, Maryland, Mississippi, North Carolina, South Carolina, Tennessee, Virginia, as well as the District of Columbia
-de facto states, those where segregation was illegal but a common practice, including California, Illinois, Kansas, Massachusetts, Missouri, New Jersey, New York, Ohio, Washington, and Wisconsin.
Albert W. Alschuler
University of Chicago Press, 2000
H. Jefferson Powell and James Boyd White, editors
University of Michigan Press, 2009
"An extraordinary collection of provocative, insightful, and inspiring essays on the future of law and democracy in the twenty-first century."
---Geoffrey R. Stone, Edward H. Levi Distinguished Service Professor of Law, University of Chicago
"These thoughtful essays diagnose democracy's perilous present, and---more importantly---they explore avenues to democracy's rescue through humanization of law."
---Kenneth L. Karst, David G. Price and Dallas P. Price Professor of Law Emeritus, UCLA
Contributors
Martin Böhmer, Universidad de San Andres, Buenos Aires, Argentina
M. Cathleen Kaveny, University of Notre Dame
Howard Lesnick, University of Pennsylvania
The Honorable John T. Noonan Jr., Ninth Circuit Court of Appeals
H. Jefferson Powell, Duke University
Jedediah Purdy, Duke University
Jed Rubenfeld, Yale University
A.W. Brian Simpson, University of Michigan
Barry Sullivan, Jenner and Block LLP, Chicago
Joseph Vining, University of Michigan
Robin West, Georgetown University
James Boyd White, University of Michigan
Edited by Jean Comaroff and John L. Comaroff
University of Chicago Press, 2006
Are postcolonies haunted more by criminal violence than other nation-states? The usual answer is yes. In Law and Disorder in the Postcolony, Jean and John Comaroff and a group of respected theorists show that the question is misplaced: that the predicament of postcolonies arises from their place in a world order dominated by new modes of governance, new sorts of empires, new species of wealth—an order that criminalizes poverty and race, entraps the “south” in relations of corruption, and displaces politics into the realms of the market, criminal economies, and the courts.
As these essays make plain, however, there is another side to postcoloniality: while postcolonies live in states of endemic disorder, many of them fetishize the law, its ways and itsmeans. How is the coincidence of disorder with a fixation on legalities to be explained? Law and Disorder in the Postcolony addresses this question, entering into critical dialogue with such theorists as Benjamin, Agamben, and Bayart. In the process, it also demonstrates how postcolonies have become crucial sites for the production of contemporary theory, not least because they are harbingers of a global future under construction.
William Letwin
University of Chicago Press, 1981
By Walter Firey
University of Texas Press, 1965
From the beginnings of human association, social planning has been an accepted method for effecting improvements in community, regional, and national life. In Law and Economy in Planning, Walter Firey has made a start in the development of an intellectual framework that will give meaning to the craft of planning and establish a relationship between practice and first principles.
In this study he investigates basic elements of this framework existing in two normative orders: the state, in which a collectivity has the obligation to enforce obedience; and the market, in which the individual has the right to be rational. These normative orders, whose laws are formulated in the disciplines of jurisprudence and economics, have a common concern with the utilization of scarce means to given ends.
These orders, the state and the market, are formulated by the art of planning and have a common relationship to the natural order, which cannot be planned, but only predicted, and which is explained by the science of planning. To bridge the gap between the natural order and the normative order is the function of a philosophy of planning, for which an intellectual framework—of necessity interdisciplinary—is essential.
This study is the culmination of several years of research in the fields of planning and social theory. During the course of this research Firey came to appreciate more and more keenly the need for an interdisciplinary formulation of the planning process and, with this, the need for a philosophical foundation for interdisciplinary work. A year’s fellowship at the Center for Advanced Study in the Behavioral Sciences at Stanford gave him the opportunity to develop his ideas bearing on this subject and to put them in writing.
Edited by James J. Heckman and Carmen Pages
University of Chicago Press, 2004
Edited by Eric A. Posner and Cass R. Sunstein
University of Chicago Press, 2010
Since the earliest days of philosophy, thinkers have debated the meaning of the term happiness and the nature of the good life. But it is only in recent years that the study of happiness—or “hedonics”—has developed into a formal field of inquiry, cutting across a broad range of disciplines and offering insights into a variety of crucial questions of law and public policy.
Law and Happinessbrings together the best and most influential thinkers in the field to explore the question of what makes up happiness—and what factors can be demonstrated to increase or decrease it. Martha Nussbaum offers an account of the way that hedonics can productively be applied to psychology, Cass R. Sunstein considers the unexpected relationship between happiness and health problems, Matthew Adler and Eric A. Posner view hedonics through the lens of cost-benefit analysis, David A. Weisbach considers the relationship between happiness and taxation, and Mark A. Cohen examines the role crime—and fear of crime—can play in people’s assessment of their happiness, and much more.
The result is a kaleidoscopic overview of this increasingly prominent field, offering surprising new perspectives and incisive analyses that will have profound implications on public policy.
Edited by Austin Sarat, Lawrence Douglas, and Martha Merrill Umphrey
University of Massachusetts Press, 2022
Does the law shield citizens from authoritarian regimes? Are the core beliefs of classical liberalism—namely the rights of all individuals and constraints on state power—still protected by law? Liberalism and its expansion of rights could not exist without the legal system, and unsurprisingly, many scholars have explored the relationship between law and liberalism. However, the study of law and illiberalism is a relatively recent undertaking, a project that takes on urgency in light of the rise of authoritarian powers, among them Donald Trump’s administration, Viktor Orban’s Hungary, Recep Erdogan’s Turkey, and Jair Bolsanoro’s Brazil.
In this volume, six penetrating essays explore the dynamics of the law and illiberal quests for power, examining the anti-liberalism of neoliberalism; the weaponization of “free speech”; the role of the administrative state in current crises of liberal democracy; the broad and unstoppable assault on facts, truth, and reality; and the rise of conspiracism leading up to the Capitol insurrection. In addition to the editors, contributors include Sharon Krause, Elizabeth Anker, Jeremy Kessler, Lee McIntyre, and Nancy Rosenblum.

Edited by Fiona Cownie and Rosemary Auchmuty
University of London Press, 2026
David M. Engel
University of Michigan Press, 1975

Edgar J. McManus
University of Massachusetts Press, 2009

Romano Penna
Catholic University of America Press, 2026

Evgeny Pashukanis
Pluto Press, 1987

Cecelia Lynch
University of Minnesota Press, 2000
Austin Sarat
University of Massachusetts Press, 2017
Valverde, Mariana
Rutgers University Press, 2006
But with television courtrooms appearing more like the studio of The Jerry Springer Show than institutions of justice, and with weekly dramas seamlessly blending cutting-edge forensic science with exaggerated fictions, it calls to question: just what is it about these shows that has the public so captivated? And, what effects do the images of crime and order presented through the media have on society's view of the actual legal and criminal justice systems?
In Law and Order: Images, Meanings, Myths, Mariana Valverde draws on examples from film, television, and newspapers to examine these questions and to demonstrate how popular culture is creating an unrealistic view of crime and crime control. Valverde argues that understanding the impact of media representations of courtrooms, police departments, prisons, and the people who populate them is essential to comprehending the reality of criminal justice.
Introducing a wealth of resources in social and cultural studies along with suggestions for classroom discussions and assignments, this book pushes the field of criminology in new and exciting theoretical directions. It is essential reading for students and scholars of criminal justice and law.
Austin Sarat
University of Massachusetts Press, 2018
Philip P. Frickey and Daniel A. Farber
University of Chicago Press, 1991
Rafael Domingo
Catholic University of America Press, 2023
Dennis P. Kehoe, David M. Ratzan, and Uri Yiftach, editors
University of Michigan Press, 2015
David Daube
Templeton Press, 2010
"That over forty years after they were delivered these famous but unavailable Gifford Lectures should be published is occasion for celebration. Once again we hear Daube’s voice, patient and probing, as he turns over, tests, pushes fresh inquiries, and finds new insights. No man has had such a subtle sense of scriptural texts matched by such a supple sense of the practices and peculiarities of human beings engaged in the legal process. Law and Wisdom in the Bible is classic Daube." mdash;John T. Noonan Jr., United States Circuit Judge
David Daube (1909–99) was known for his unique and sophisticated research on Roman law, biblical law, Jewish Law, and medical ethics. In Law and Wisdom in the Bible, the first published collection of his 1964 Gifford Lectures, Daube derives from his complex understanding of biblical texts both ancient and contemporary notions about wisdom, justice, and education.
In addressing these and other profound issues, Daube crosses traditional disciplinary boundaries and bridges the
gap between humanism and religion, especially with regard to Christianity and Judaism. With his sophisticated understanding of Talmudic law and literature, his thinking, which is on full display in these lectures, revolutionized prevailing perceptions about the New Testament.
Stewart Macaulay
Russell Sage Foundation, 1966
James Willard Hurst
University of Wisconsin Press, 1964
In these essays J. Willard Hurst shows the correlation between the conception of individual freedom and the application of law in the nineteenth-century United States—how individuals sought to use law to increase both their personal freedom and their opportunities for personal growth. These essays in jurisprudence and legal history are also a contribution to the study of social and intellectual history in the United States, to political science, and to economics as it concerns the role of public policy in our economy. The nonlawyer will find in them demonstration of how "technicalities" express deep issues of social values.

J. Willard Hurst
University of Wisconsin Press, 1956
In these essays J. Willard Hurst shows the correlation between the conception of individual freedom and the application of law in the nineteenth-century United States—how individuals sought to use law to increase both their personal freedom and their opportunities for personal growth. These essays in jurisprudence and legal history are also a contribution to the study of social and intellectual history in the United States, to political science, and to economics as it concerns the role of public policy in our economy. The nonlawyer will find in them demonstration of how "technicalities" express deep issues of social values.
Tirthankar Roy and Anand V. Swamy
University of Chicago Press, 2021
Tirthankar Roy and Anand V. Swamy
University of Chicago Press, 2022
Robert Percival
Temple University Press, 1997
Frank, Walter
Rutgers University Press, 2014
Robert C. Bartlett
University of Chicago Press, 2026
A fresh reading of the relationship between moral and political philosophy in Aristotle’s thought.
Our democracies promise the rights to life, liberty, and the pursuit of happiness—at least, within the confines of the law. Yet the law is an ineffective guide to the good life; laws can be arbitrary, even immoral. What other limit, then, should direct us as we pursue our own fulfillment?
In Law and the Good Life, philosopher Robert C. Bartlett examines Aristotle’s consideration of this question. Rather than defer to authority, Aristotle invites us to ground ourselves in moral virtue and intellectual fulfillment, an argument he develops in both Politics and Nicomachean Ethics. As political creatures, Aristotle tells us, we are capable of moral action and therefore must embrace that capacity; at the same time, as rational creatures, we must understand what is true, even without regard to action. In taking these insights together, Bartlett offers a new reading of Aristotle’s political philosophy, one he hopes might serve as a prudent lodestar in our own turbulent times.
Edited by Costas Douzinas and Lynda Nead
University of Chicago Press, 1999
Robert W. Adler
University of Utah Press, 2023
Law and the Living Colorado River asserts that the so-called Law of the River—the vast assemblage of interstate compacts, international treaties, federal and state statutes, regulations, contracts, and other legal documents governing use and management of the Colorado River—ignores the needs of the river as a nested system of aquatic and aquatic-dependent ecosystems. Although society now recognizes and appreciates the natural values of the Colorado River, the Law of the River remains fixed in service of human economies like irrigation and hydropower. Robert W. Adler contends that the law must respond to changing values that prioritize natural systems alongside human ones. He proposes acknowledging the legal rights of the river itself, following the recent movement to recognize rights of nature in other ecosystems around the world. Recognizing that U.S. law has significant barriers to that proposal, however, Adler borrows from aspects of international water law to propose as a shorter-term strategy amendments to the Colorado River Compact that would enhance protection of the river’s environmental needs and values.
Adler delivered this lecture on March 17, 2022, at the 27th annual symposium of the Wallace Stegner Center for Land, Resources and the Environment, jointly sponsored by the Wallace Stegner Center and the Water & Tribes Initiative | Colorado River Basin.
Peter Goodrich and David Gray Carlson, Editors
University of Michigan Press, 1998
Dennis P. Kehoe
University of Michigan Press, 2010
The economy of the Roman Empire was predominantly agrarian: Roman landowners, agricultural laborers, and small tenant farmers were highly dependent upon one another for assuring stability. By examining the property rights established by the Roman government, in particular the laws concerning land tenure and the contractual relationships between wealthy landowners and the tenant farmers to whom they leased their land, Dennis P. Kehoe is able to demonstrate how the state fostered economic development and who benefited the most. In this bold application of economic theory, Kehoe explores the relationship between Roman private law and the development of the Roman economy during a crucial period of the Roman Empire, from the second to the fourth century C.E. Kehoe is able to use the laws concerning land tenure, and the Roman government's enforcement of those laws, as a window through which to develop a more comprehensive view of the Roman economy. With its innovative application of the methodologies of law and economics and the New Institutional Economics Law and the Rural Economy in the Roman Empire is a groundbreaking addition to the study of the Roman economy.
Dennis P. Kehoe is Professor of Classical Studies at Tulane University. He is the author of several books, including Investment, Profit, and Tenancy: The Jurists and the Roman Agrarian Economy(University of Michigan Press, 1997).
"Kehoe brings his deep expertise in Roman land tenure systems and his broad knowledge of the methodologies of New Institutional Economics to bear on questions of fundamental importance regarding the relationship of Roman law and society. Was governmental policy on agriculture designed to benefit large landowners or small farmers? What impact did it have on the rural economy? The fascinating answers Kehoe provides in this pathbreaking work should occasion a major reassessment of such problems by social and legal historians."
---Thomas McGinn, Department of Classical Studies at Vanderbilt University, and author of The Economy of Prostitution in the Roman World: A Study of Social History and the Brothel and Prostitution, Sexuality, and the Law in Ancient Rome
"A ground-breaking study using the principles of New Institutional Economics to analyze the impact of legal policy in balancing the interests of Roman tenant-farmers and landowners in the 2-4 centuries C.E. Kehoe's book will be essential reading for historians of the Roman Empire, demonstrating how the government overcame challenges and contradictions as it sought to regulate this enormous sector of the economy."
---Susan D. Martin, Department of Classics, University of Tennessee
"In Law and the Rural Economy, Kehoe brings to life the workings of the ancient economy and the Roman legal system. By analyzing interactions between the imperial government, landlords, and tenant farmers in provinces across the Empire, Kehoe opens insights into imperial economic policy. He handles a variety of challenging sources with mastery and wit, and his knowledge of scholarship is extensive and thorough, covering ancient history, textual problems in the sources, legal history and, perhaps most impressively, the modern fields of economic theory and 'law and economics.' Kehoe's innovative and sophisticated methodology sets his work apart. The book will make an important contribution to our understanding of access to the law and the effectiveness of the legal system, important topics for scholars of law, ancient and modern."
---Cynthia J. Bannon, Department of Classical Studies, Indiana University
Edited by David Tyack, Thomas James, and Aaron Benavot
University of Wisconsin Press, 1991