460 books match the query 'Law and legislation' and 24 start with l

cover of LITIGATION AS LOBBYING: REPRODUCTIVE HAZARDS & INTEREST AGGREGATION

LITIGATION AS LOBBYING

REPRODUCTIVE HAZARDS & INTEREST AGGREGATION

JULIANNA S. GONEN

The Ohio State University Press, 2003

This book is a case study that shows how interest groups use the litigation process to further their policy agendas. The case detailed here revolves around issues of reproductive health. It is a good illustration of the commonly held view among judicial scholars that the judicial process is essentially the same as the political process, that in both cases there is room for influence from a variety of sources.
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cover of Las Vegas in Singapore: Violence, Progress and the Crisis of Nationalist Modernity

Las Vegas in Singapore

Violence, Progress and the Crisis of Nationalist Modernity

Lee Kah-Wee

National University of Singapore Press, 2018

Las Vegas in Singapore looks at the collision of the histories of Singapore and Las Vegas in the form of Marina Bay Sands, one of Singapore’s two integrated resorts.

The first history begins in colonial Singapore in the 1880s, when British administrators revised gambling laws in response to the political threat posed by Chinese-run gambling syndicates. Following the tracks of these punitive laws and practices, the book moves into the 1960s when the newly independent city-state created a national lottery while criminalizing both organized and petty gambling in the name of nation-building. The second history shifts the focus to corporate Las Vegas in the 1950s when digital technology and corporate management practices found each other on the casino floor. Tracing the emergence of the specialist casino designer, the book reveals how casino development evolved into a highly rationalized spatial template designed to maximize profits. Today an iconic landmark of Singapore, Marina Bay Sands is also an artifact of these two histories, an attempt by Singapore to normalize what was once criminalized in its nationalist history.

Lee Kah-Wee argues that the historical project of the control of vice is also about the control of space and capital. The result is an uneven landscape where the legal and moral status of gambling is contingent on where it is located. As the current wave of casino expansion spreads across Asia, he warns that these developments should not be seen as liberalization but instead as a continuation of the project of concentrating power by modern states and corporations.
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cover of Law & Capitalism: What Corporate Crises Reveal about Legal Systems and Economic Development around the World

Law & Capitalism

What Corporate Crises Reveal about Legal Systems and Economic Development around the World

Curtis J. Milhaupt and Katharina Pistor

University of Chicago Press, 2008

Recent high-profile corporate scandals—such as those involving Enron in the United States, Yukos in Russia, and Livedoor in Japan—demonstrate challenges to legal regulation of business practices in capitalist economies. Setting forth a new analytic framework for understanding these problems, Law and Capitalism examines such contemporary corporate governance crises in six countries, to shed light on the interaction of legal systems and economic change. This provocative book debunks the simplistic view of law’s instrumental function for financial market development and economic growth.
            Using comparative case studies that address the United States, China, Germany, Japan, Korea, and Russia, Curtis J. Milhaupt and Katharina Pistor argue that a disparate blend of legal and nonlegal mechanisms have supported economic growth around the world. Their groundbreaking findings show that law and markets evolve together in a “rolling relationship,” and legal systems, including those of the most successful economies, therefore differ significantly in their organizational characteristics. Innovative and insightful, Law and Capitalism will change the way lawyers, economists, policy makers, and business leaders think about legal regulation in an increasingly global market for capital and corporate governance.
 
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cover of Law Touched Our Hearts: A Generation Remembers Brown v. Board of Education

Law Touched Our Hearts

A Generation Remembers Brown v. Board of Education

Mildred Wigfall Robinson

Vanderbilt University Press, 2008

In February 1954, President Eisenhower invited Chief Justice Warren to dinner at the White House. Among the guests were well-known opponents of school desegregation. During that evening, Eisenhower commented to Warren that "law and force cannot change a man's heart." Three months later, however, the Supreme Court handed down its unanimous decision in Brown, and the contributors to this book, like people across the country, were profoundly changed by it, even though many saw almost nothing change in their communities.

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.

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cover of Law and the Gay Rights Story: The Long Search for Equal Justice in a Divided Democracy

Law and the Gay Rights Story

The Long Search for Equal Justice in a Divided Democracy

Frank, Walter

Rutgers University Press, 2014

For much of the 20th century, American gays and lesbians lived in fear that public exposure of their sexualities might cause them to be fired, blackmailed, or even arrested. Today, they are enjoying an unprecedented number of legal rights and protections. Clearly, the tides have shifted for gays and lesbians, but what caused this enormous sea change?

In his gripping new book, Walter Frank offers an in-depth look at the court cases that were pivotal in establishing gay rights. But he also tells the story of those individuals who were willing to make waves by fighting for those rights, taking enormous personal risks at a time when the tide of public opinion was against them. Frank’s accessible style brings complex legal issues down to earth but, as a former litigator, never loses sight of the law’s human dimension and the context of the events occurring outside the courtroom.

Chronicling the past half-century of gay and lesbian history, Law and the Gay Rights Story offers a unique perspective on familiar events like the Stonewall Riots, the AIDS crisis, and the repeal of “Don’t Ask, Don’t Tell.” Frank pays special attention to the constitutional issues surrounding same-sex marriage and closely analyzes the two recent Supreme Court cases addressing the issue. While a strong advocate for gay rights, Frank also examines critiques of the movement, including some coming from the gay community itself. Comprehensive in coverage, the book explains the legal and constitutional issues involved in each of the major goals of the gay rights movement: a safe and healthy school environment, workplace equality, an end to anti-gay violence, relationship recognition, and full integration into all the institutions of the larger society, including marriage and military service.  Drawing from extensive archival research and from decades of experience as a practicing litigator, Frank not only provides a vivid history, but also shows where the battle for gay rights might go from here.
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cover of Law and the Living Colorado River

Law and the Living Colorado River

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.

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cover of Law and the Visible

Law and the Visible

Edited by Austin Sarat, Lawrence Douglas, and Martha Merrill Umphrey

University of Massachusetts Press, 2021

If you take a video of police officers beating a Black man into unconsciousness, are you a witness or a bystander? If you livestream your friends dragging the body of an unconscious woman and talking about their plans to violate her, are you an accomplice? Do bodycams and video doorbells tell the truth? Are the ubiquitous technologies of visibility open to interpretation and manipulation? These are just a few of the questions explored in the rich and broadly interdisciplinary essays within this volume, Law and the Visible, the most recent offering in the Amherst Series for Law, Jurisprudence, and Social Thought.

Individual essays discuss the culpability of those who record violence, the history of racialized violence as it streams through police bodycams, the idea of digital images as objective or neutral, the logics of surveillance and transparency, and a defense of anonymity in the digital age.

Contributors include Benjamin J. Goold, Torin Monahan, Kelli Moore, Eden Osucha, Jennifer Peterson, and Carrie A. Rentschler.
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cover of Law at the End of Life: The Supreme Court and Assisted Suicide

Law at the End of Life

The Supreme Court and Assisted Suicide

Carl E. Schneider, Editor

University of Michigan Press, 2000

We live in a world in which courts crucially shape public policy through constitutional adjudication. This is a book written for that world. It brings together a group of distinguished scholars from many disciplines to examine the Supreme Court's recent decision that statutes prohibiting doctors from helping their patients commit suicide may be constitutional. It offers a guide to that decision and to the larger issues it raises for citizens and scholars alike. Law at the End of Life asks everyone's first question: What does the decision mean for today and tomorrow? It asks the lawyer's question: Is the Supreme Court's reasoning clear and convincing? It asks the doctor's question: How will the decision affect the decisions physicians make with their patients? It asks the ethicist's question: Will the decision conduce to wise and just decisions at the end of life? It asks the historian's question: How are we to understand the Court's work in light of our disturbing national experience with euthanasia? Ultimately, it asks the questions citizens need to ask in our new world: Is constitutional adjudication a good way to make public policy? Are courts well equipped -- with experience, with doctrine, with wisdom -- to make good policy? What role should courts have in making policy in a democracy? Has the Supreme Court made good public policy? What is the right policy for law at the end of life?
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cover of Law in the Laboratory: A Guide to the Ethics of Federally Funded Science Research

Law in the Laboratory

A Guide to the Ethics of Federally Funded Science Research

Robert P. Charrow

University of Chicago Press, 2010

The National Institutes of Health and the National Science Foundation together fund more than $40 billon of research annually in the United States and around the globe. These large public expenditures come with strings, including a complex set of laws and guidelines that regulate how scientists may use NIH and NSF funds, how federally funded research may be conducted, and who may have access to or own the product of the research.

Until now, researchers have had little instruction on the nature of these laws and how they work. But now, with Robert P. Charrow’s Law in the Laboratory, they have a readable and entertaining introduction to the major ethical and legal considerations pertaining to research under the aegis of federal science funding. For any academic whose position is grant funded, or for any faculty involved in securing grants, this book will be an essential reference manual. And for those who want to learn how federal legislation and regulations affect laboratory research, Charrow’s primer will shed light on the often obscured intersection of government and science.

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cover of Law, Liberty, and the Pursuit of Terrorism

Law, Liberty, and the Pursuit of Terrorism

Roger Douglas

University of Michigan Press, 2014

Roger Douglas compares responses to terrorism by five liberal democracies—the United States, the United Kingdom, Canada, Australia, and New Zealand—over the past 15 years. He examines each nation’s development and implementation of counterterrorism law, specifically in the areas of information-gathering, the definition of terrorist offenses, due process for the accused, detention, and torture and other forms of coercive questioning.

Douglas finds that terrorist attacks elicit pressures for quick responses, often allowing national governments to accrue additional powers. But emergencies are neither a necessary nor a sufficient condition for such laws, which may persist even after fears have eased. He argues that responses are influenced by both institutional interests and prior beliefs, and complicated when the exigencies of office and beliefs point in different directions. He also argues that citizens are wary of government’s impingement on civil liberties and that courts exercise their capacity to restrain the legislative and executive branches. Douglas concludes that the worst antiterror excesses have taken place outside of the law rather than within, and that the legacy of 9/11 includes both laws that expand government powers and judicial decisions that limit those very powers.

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cover of Law, Sex, and Christian Society in Medieval Europe

Law, Sex, and Christian Society in Medieval Europe

James A. Brundage

University of Chicago Press, 1990

This monumental study of medieval law and sexual conduct explores the origin and develpment of the Christian church's sex law and the systems of belief upon which that law rested. Focusing on the Church's own legal system of canon law, James A. Brundage offers a comprehensive history of legal doctrines–covering the millennium from A.D. 500 to 1500–concerning a wide variety of sexual behavior, including marital sex, adultery, homosexuality, concubinage, prostitution, masturbation, and incest. His survey makes strikingly clear how the system of sexual control in a world we have half-forgotten has shaped the world in which we live today. The regulation of marriage and divorce as we know it today, together with the outlawing of bigamy and polygamy and the imposition of criminal sanctions on such activities as sodomy, fellatio, cunnilingus, and bestiality, are all based in large measure upon ideas and beliefs about sexual morality that became law in Christian Europe in the Middle Ages.

"Brundage's book is consistently learned, enormously useful, and frequently entertaining. It is the best we have on the relationships between theological norms, legal principles, and sexual practice."—Peter Iver Kaufman, Church History
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cover of Laws of Chance: Brazil's Clandestine Lottery and the Making of Urban Public Life

Laws of Chance

Brazil's Clandestine Lottery and the Making of Urban Public Life

Amy Chazkel

Duke University Press, 2011

The lottery called the jogo do bicho, or “animal game,” originated as a raffle at a zoo in Rio de Janeiro in 1892. During the next decade, it became a cultural phenomenon all over Brazil, where it remains popular today. Laws of Chance chronicles the game’s early history, as booking agents, dealers, and players spread throughout Rio and the lottery was outlawed and driven underground. Analyzing the game’s popularity, its persistence despite bouts of state repression, and its sociocultural meanings, Amy Chazkel unearths a rich history of popular participation in urban public life in the decades after the abolition of slavery in 1888 and the establishment of the Brazilian republic in 1889. Contending that the jogo do bicho was a precursor to the massive informal economies that developed later in the twentieth century, she sheds new light on the roots of the informal trade that is central to daily life in urban Latin America. The jogo do bicho operated as a form of unlicensed petty commerce in the vast gray area between the legal and the illegal. Police records show that players and ticket sellers were often arrested but rarely prosecuted. Chazkel argues that the animal game developed in dialogue with the official judicial system. Ticket sellers, corrupt police, and lenient judges worked out a system of everyday justice that would characterize public life in Brazil throughout the twentieth century.
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cover of Laws of the Postcolonial

Laws of the Postcolonial

Eve Darian-Smith and Peter Fitzpatrick, Editors

University of Michigan Press, 1999

Although postcolonialism is now the main mode in which the West's relation to the "other" is critically explored, and although law has been at the forefront of that very relation, a thorough engagement between law and postcolonialism has not been pursued, in part because this would drastically disrupt not just the persistent orthodoxy of law and development but also the newly settled consensus around legal globalization and international human rights discourse. These essays break new ground in using the ideas of postcolonialism in a critical analysis of the current consensus on the international influence of Western law and on Western ideas of law in general.
In perceptions of Western law there is an enduring disparity between law's pervasive power and its fragility. Many of these essays provide graphic accounts of law's tremendous shaping power in that massive occidental movement which settled and unsettled the globe. These accounts point to the West's encompassing and transforming of other peoples and other legal systems in ways which constitute and confirm the West in its own self-creation. Other essays deal with situations "within" the West which show how its identity is created, sustained, and also challenged in a constant reference to those contrary "others" which a powerful law has shaped and transformed. This challenge comes not least from the resistance of those "others" --resistances that profoundly disrupt the West and its law, revealing them as fractured at the seemingly confident core of their own self-constitution.
Contributors include Antony Anghie, Rolando Gaete, Alan Norrie, Dianne Otto, Paul Passavant, Jeannine Perdy, Colin Perrin, Annelise Riles, Roshan de Silva, and John Strawson, in addition to the editors.
Eve Darian-Smith is Assistant Professor of Anthropology, University of California, Santa Barbara. Peter Fitzpatrick is Professor of Law, Queen Mary and Westfield College, University of London.
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cover of Legal Bases: Baseball And The Law

Legal Bases

Baseball And The Law

Roger Abrams

Temple University Press, 1998

If baseball is the heart of America, the legal process provides the sinews that hold it in place. It was the legal process that allowed William Hulbert to bring club owners together in a New York City hotel room in 1876 to form the National League, and ninety years later, it allowed Marvin Miller to change a management-funded fraternity of ballplayers into the strongest trade union in America.

But how does collective bargaining and labor arbitration work in the major leagues? Why is baseball exempt from the antitrust laws? In Legal Bases, Roger Abrams has assembled an all-star baseball law team whose stories illuminate the sometimes uproarious, sometimes ignominious relationship between law and baseball that has made the business of baseball a truly American institution.
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cover of Legal Fictions: Constituting Race, Composing Literature

Legal Fictions

Constituting Race, Composing Literature

Karla FC Holloway

Duke University Press, 2014

In Legal Fictions, Karla FC Holloway both argues that U.S. racial identity is the creation of U.S. law and demonstrates how black authors of literary fiction have engaged with the law's constructions of race since the era of slavery. Exploring the resonance between U.S. literature and U.S. jurisprudence, Holloway reveals Toni Morrison's Beloved and Charles Johnson's Middle Passage as stories about personhood and property, David Bradley's The Chaneysville Incident and Ralph Ellison's Invisible Man as structured by evidence law, and Nella Larsen's Passing as intimately related to contract law. Holloway engages the intentional, contradictory, and capricious constructions of race embedded in the law with the same energy that she brings to her masterful interpretations of fiction by U.S. writers. Her readings shed new light on the many ways that black U.S. authors have reframed fundamental questions about racial identity, personhood, and the law from the nineteenth into the twenty-first centuries. Legal Fictions is a bold declaration that the black body is thoroughly bound by law and an unflinching look at the implications of that claim.
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cover of Legal Inversions: Lesbians, Gay Men, and the Politics of the Law

Legal Inversions

Lesbians, Gay Men, and the Politics of the Law

edited by Didi Herman and Carl Stychin

Temple University Press, 1995

Law reform struggles have always been a part of the grassroots lesbian and gay agenda. These critical essays examine the politics of these engagements, of lesbians, gay men, and the law in the United States, Canada, and the United Kingdom. From a wide range of perspectives, the contributors combine new conceptual insights with a concern for the practicalities of political engagements, tackling such vital topics as legal definitions of homosexuality, AIDS activism, and race and sexuality.
 

Contributors: Katherine Arnup, Susan Boyd, Peter M. Cicchino, Davina Cooper, Bruce R. Deming, Mary Eaton, William F. Flanagan, Leo Flynn, Shelley A. M. Gavigan, Leslie J. Moran, Katherine M. Nicholson, Cynthia Petersen, Ruthann Robson, and the editors.

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cover of Legal Spectatorship: Slavery and the Visual Culture of Domestic Violence

Legal Spectatorship

Slavery and the Visual Culture of Domestic Violence

Kelli Moore

Duke University Press, 2022

In Legal Spectatorship Kelli Moore traces the political origins of the concept of domestic violence through visual culture in the United States. Tracing its appearance in Article IV of the Constitution, slave narratives, police notation, cybernetic theories of affect, criminal trials, and the “look” of the battered woman, Moore contends that domestic violence refers to more than violence between intimate partners—it denotes the mechanisms of racial hierarchy and oppression that undergird republican government in the United States. Moore connects the use of photographic evidence of domestic violence in courtrooms, which often stands in for women’s testimony, to slaves’ silent experience and witnessing of domestic abuse. Drawing on Harriet Jacobs’s Incidents in the Life of a Slave Girl, abolitionist print culture, courtroom witness testimony, and the work of Hortense Spillers, Moore shows how the logic of slavery and antiblack racism also dictates the silencing techniques of the contemporary domestic violence courtroom. By positioning testimony on contemporary domestic violence prosecution within the archive of slavery, Moore demonstrates that domestic violence and its image are haunted by black bodies, black flesh, and black freedom.

Duke University Press Scholars of Color First Book Award recipient
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cover of Legal Stories: Narrative-Based Property Development in the Modern Copyright Era

Legal Stories

Narrative-Based Property Development in the Modern Copyright Era

Gregory Steirer

University of Michigan Press, 2024

Tracing the emergence of what the media industries today call transmedia, story worlds, and narrative franchises, Legal Stories provides a dual history of copyright law and narrative-based media development between the Copyright Act of 1909 and the Copyright Act of 1976. Drawing on archival material, including legal case files, and employing the principles of actor-network theory, Gregory Steirer demonstrates how the meaning and form of narrative-based property in the twentieth century was integral to the letter and practice of intellectual property law during this time. 

Steirer’s expansive view of intellectual property law encompasses not only statutes and judicial opinions, but also the everyday practices and productions of authors, editors, fans, and other legal laypersons. The result is a history of the law as improvisatory and accident-prone, taking place as often outside the courtroom as inside, and shaped as much by laypersons as lawyers. Through the examination of influential legal disputes involving early properties such as Dashiell Hammett’s Sam Spade, H. P. Lovecraft’s Cthulhu Mythos, and Robert E. Howard’s Conan the Barbarian, Steirer provides a ground’s eye view of how copyright law has operated and evolved in practice.
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cover of Legalizing Gay Marriage: Vermont And The National Debate

Legalizing Gay Marriage

Vermont And The National Debate

Michael Mello, foreword by David Chambers

Temple University Press, 2004

Every day seems to bring news of legal challenges to existing marriage laws and the constitutionality of any form of union for same-sex partners. In this timely and accessible book, Michael Mello argues that the public debates and political battles that have divided Vermont and Massachusetts will be repeated across the country as state after state confronts the issue of legalizing gay marriage.Michael Mello examines recent landmark decisions in state and federal high courts granting civil rights protections to homosexuals. In Vermont, the Supreme Court's recommendation that legislators recognize the "common humanity" that links all individuals irrespective of sexual identity and consider the question of same-sex marriage resulted in the first state legislation to establish civil union. In Massachusetts, the court's ruling that gay marriage is a right protected by the state constitution has plunged the legislature into a contentious debate about a constitutional amendment. In both states, as in California and New York, public discussion of equal civil protections for gays and lesbians soon become mired in contending views of morality, religion, social mores, and the sanctity of heterosexual marriage.Mello regards the widespread and virulent opposition to any form of same-sex unions as proof that in Vermont, as elsewhere, homosexuals are indeed a "despised minority" in need of the law's protection. Thus, civil union laws represent only a partial victory because they create a separate and inherently unequal category of relationships for gay people. Mello's analysis of the issues provides an invaluable guide to the battles being waged in state legislatures and by politicians at the national level.
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cover of Legalizing Plural Marriage: The Next Frontier in Family Law

Legalizing Plural Marriage

The Next Frontier in Family Law

Mark Goldfeder

Brandeis University Press, 2017

Polygamous marriages are currently recognized in nearly fifty countries worldwide. Although polygamy is technically illegal in the United States, it is practiced by members of some religious communities and a growing number of other “poly” groups. In the radically changing and increasingly multicultural world in which we live, the time has come to define polygamous marriage and address its legal feasibilities. Although Mark Goldfeder does not argue the right or wrong of plural marriage, he maintains that polygamy is the next step—after same-sex marriage—in the development of U.S. family law. Providing a road map to show how such legalization could be handled, he explores the legislative and administrative arguments which demonstrate that plural marriage is not as farfetched—or as far off—as we might think. Goldfeder argues not only that polygamy is in keeping with the legislative values and freedoms of the United States, but also that it would not be difficult to manage or administrate within our current legal system. His legal analysis is enriched throughout with examples of plural marriage in diverse cultural and historical contexts. Tackling the issue of polygamy in the United States from a legal perspective, this book will engage anyone interested in constitutional law, family law, or criminal law, along with sociologists and those who study gender and culture in modern times.
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cover of Lesser Harms: The Morality of Risk in Medical Research

Lesser Harms

The Morality of Risk in Medical Research

Sydney A. Halpern

University of Chicago Press, 2004

Research physicians face intractable dilemmas when they consider introducing new medical procedures. Innovations carry the promise of preventing or curing life-threatening diseases, but they can also lead to injury or even death. How have clinical scientists made high-stakes decisions about undertaking human tests of new medical treatments? In Lesser Harms, Sydney Halpern explores this issue as she examines vaccine trials in America during the early and mid-twentieth century.

Today's scientists follow federal guidelines for research on human subjects developed during the 1960s and 1970s. But long before these government regulations, medical investigators observed informal rules when conducting human research. They insisted that the dangers of natural disease should outweigh the risks of a medical intervention, and they struggled to accurately assess the relative hazards. Halpern explores this logic of risk in immunization controversies extending as far back as the eighteenth century. Then, focusing on the period between 1930 and 1960, she shows how research physicians and their sponsors debated the moral quandaries involved in moving vaccine use from the laboratory to the clinic.

This probing work vividly describes the efforts of clinical investigators to balance the benefits and dangers of untested vaccines, to respond to popular sentiment about medical hazards, and to strategically present risk laden research to sponsors and the public.

“Concise and extremely well-written. . . . A fascinating synthesis of sociology, history, and institutional theory.”—Samuel C. Blackman, Journal of the American Medical Association

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cover of Liberal Suppression: Section 501(c)(3) and the Taxation of Speech

Liberal Suppression

Section 501(c)(3) and the Taxation of Speech

Philip Hamburger

University of Chicago Press, 2018

In the course of exempting religious, educational, and charitable organizations from federal income tax, section 501(c)(3) of the Internal Revenue Code requires them to refrain from campaign speech and much speech to influence legislation. These speech restrictions have seemed merely technical adjustments, which prevent the political use of a tax subsidy. But the cultural and legal realities are more disturbing.

Tracing the history of American liberalism, including theological liberalism and its expression in nativism, Hamburger shows the centrality of turbulent popular anxieties about the Catholic Church and other potentially orthodox institutions. He argues persuasively that such theopolitical fears about the political speech of churches and related organizations underlay the adoption, in 1934 and 1954, of section 501(c)(3)’s speech limits. He thereby shows that the speech restrictions have been part of a broad majority assault on minority rights and that they are grossly unconstitutional.

Along the way, Hamburger explores the role of the Ku Klux Klan and other nativist organizations, the development of American theology, and the cultural foundations of liberal “democratic” political theory. He also traces important legal developments such as the specialization of speech rights and the use of law to homogenize beliefs. Ultimately, he examines a wide range of contemporary speech restrictions and the growing shallowness of public life in America.
His account is an unflinching look at the complex history of American liberalism and at the implications for speech, the diversity of belief, and the nation’s future.
 
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cover of Like a Loaded Weapon: The Rehnquist Court, Indian Rights, and the Legal History of Racism in America

Like a Loaded Weapon

The Rehnquist Court, Indian Rights, and the Legal History of Racism in America

Robert Williams Jr.

University of Minnesota Press, 2005

Robert A. Williams Jr. boldly exposes the ongoing legal force of the racist language directed at Indians in American society. Fueled by well-known negative racial stereotypes of Indian savagery and cultural inferiority, this language, Williams contends, has functioned “like a loaded weapon” in the Supreme Court’s Indian law decisions. 

Beginning with Chief Justice John Marshall’s foundational opinions in the early nineteenth century and continuing today in the judgments of the Rehnquist Court, Williams shows how undeniably racist language and precedent are still used in Indian law to justify the denial of important rights of property, self-government, and cultural survival to Indians. Building on the insights of Malcolm X, Thurgood Marshall, and Frantz Fanon, Williams argues that racist language has been employed by the courts to legalize a uniquely American form of racial dictatorship over Indian tribes by the U.S. government. 

Williams concludes with a revolutionary proposal for reimagining the rights of American Indians in international law, as well as strategies for compelling the current Supreme Court to confront the racist origins of Indian law and for challenging bigoted ways of talking, thinking, and writing about American Indians. 

Robert A. Williams Jr. is professor of law and American Indian studies at the James E. Rogers College of Law, University of Arizona. A member of the Lumbee Indian Tribe, he is author of The American Indian in Western Legal Thought: The Discourses of Conquest and coauthor of Federal Indian Law.
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cover of Lion's Share: Remaking South African Copyright

Lion's Share

Remaking South African Copyright

Veit Erlmann

Duke University Press, 2022

In the aftermath of apartheid, South Africa undertook an ambitious revision of its intellectual property system. In Lion’s Share Veit Erlmann traces the role of copyright law in this process and its impact on the South African music industry. Although the South African government tied the reform to its postapartheid agenda of redistributive justice and a turn to a postindustrial knowledge economy, Erlmann shows how the persistence of structural racism and Euro-modernist conceptions of copyright threaten the viability of the reform project. In case studies ranging from antipiracy police raids and the crafting of legislation to protect indigenous expressive practices to the landmark lawsuit against Disney for its appropriation of Solomon Linda’s song "Mbube" for its hit “The Lion Sleeps Tonight” from The Lion King, Erlmann follows the intricacies of musical copyright through the criminal justice system, parliamentary committees, and the offices of a music licensing and royalty organization. Throughout, he demonstrates how copyright law is inextricably entwined with race, popular music, postcolonial governance, indigenous rights, and the struggle to create a more equitable society.
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