1917 books match the query 'Law' and 32 start with o

cover of Obligations in Roman Law: Past, Present, and Future

Obligations in Roman Law

Past, Present, and Future

Edited by Thomas A. J. McGinn

University of Michigan Press, 2013

Long a major element of classical studies, the examination of the laws of the ancient Romans has gained momentum in recent years as interdisciplinary work in legal studies has spread. Two resulting issues have arisen, on one hand concerning Roman laws as intellectual achievements and historical artifacts, and on the other about how we should consequently conceptualize Roman law.

Drawn from a conference convened by the volume's editor at the American Academy in Rome addressing these concerns and others, this volume investigates in detail the Roman law of obligations—a subset of private law—together with its subordinate fields, contracts and delicts (torts). A centuries-old and highly influential discipline, Roman law has traditionally been studied in the context of law schools, rather than humanities faculties. This book opens a window on that world.

Roman law, despite intense interest in the United States and elsewhere in the English-speaking world, remains largely a continental European enterprise in terms of scholarly publications and access to such publications. This volume offers a collection of specialist essays by leading scholars Nikolaus Benke, Cosimo Cascione, Maria Floriana Cursi, Paul du Plessis, Roberto Fiori, Dennis Kehoe, Carla Masi Doria, Ernest Metzger, Federico Procchi, J. Michael Rainer, Salvo Randazzo, and Bernard Stolte, many of whom have not published before in English, as well as opening and concluding chapters by editor Thomas A. J. McGinn.

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cover of Obscenity and the Limits of Liberalism

Obscenity and the Limits of Liberalism

Edited by Loren Glass and Charles Francis Williams

The Ohio State University Press, 2011

Over the course of the nineteenth century in both Europe and the United States, the state usurped the traditional authority of the church in regulating sexual expression and behavior. In the same century philosophers of classical liberalism identified that state function as a threat to individual liberty. Since then, liberalism has provided the framework for debates over obscenity around the globe.

 
But liberalism has recently been under siege, on the one side from postmodern thinkers skeptical about its andro- and ethnocentric assumptions, and on the other side from religious thinkers doubtful of the moral integrity of the Enlightenment project writ large.The principal challenge for those who conduct academic work in this realm is to formulate new models of research and analysis appropriate to understanding and evaluating speech in the present-day public sphere.
 
Toward those ends, Obscenity and the Limits of Liberalism contains a selection of essays and interventions by prominent authors and artists in a variety of disciplines and media. These writings, taken as a whole, put recent developments into historical and global contexts and chart possible futures for a debate that promises to persist well into the new millennium.
 
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cover of Occupy: Three Inquiries in Disobedience

Occupy

Three Inquiries in Disobedience

W. J. T. Mitchell, Bernard E. Harcourt, and Michael Taussig

University of Chicago Press, 2013

Mic check! Mic check! Lacking amplification in Zuccotti Park, Occupy Wall Street protestors addressed one another by repeating and echoing speeches throughout the crowd. In Occupy, W. J. T. Mitchell, Bernard E. Harcourt, and Michael Taussig take the protestors’ lead and perform their own resonant call-and-response, playing off of each other in three essays that engage the extraordinary Occupy movement that has swept across the world, examining everything from self-immolations in the Middle East to the G8 crackdown in Chicago to the many protest signs still visible worldwide.
 
“You break through the screen like Alice in Wonderland,” Taussig writes in the opening essay, “and now you can’t leave or do without it.” Following Taussig’s artful blend of participatory ethnography and poetic meditation on Zuccotti Park, political and legal scholar Harcourt examines the crucial difference between civil and political disobedience. He shows how by effecting the latter—by rejecting the very discourse and strategy of politics—Occupy Wall Street protestors enacted a radical new form of protest. Finally, media critic and theorist Mitchell surveys the global circulation of Occupy images across mass and social media and looks at contemporary works by artists such as Antony Gormley and how they engage the body politic, ultimately examining the use of empty space itself as a revolutionary monument.
 
Occupy stands not as a primer on or an authoritative account of 2011’s revolutions, but as a snapshot, a second draft of history, beyond journalism and the polemics of the moment—an occupation itself.
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cover of Ocean Yearbook, Volume 16

Ocean Yearbook, Volume 16

Edited by Elisabeth Mann Borgese, Aldo Chircop, and Moira L. McConnell

University of Chicago Press, 2002

Published in cooperation with the International Ocean Institute and Dalhousie University Law School, the Ocean Yearbook provides a comprehensive review of issues concerning the world's oceans-one of humanity's most vital resources. Volume 16 addresses themes central to ocean policy and research. Sections include Issues and Prospects: UNICPOLOS, the 1st and 2nd sessions, and Japanese Ocean Governance; Living Resources: Local Industry in a Global World: Implications of Nova Scotia Tuna Ranching, and the Role of National Fisheries Administrations; Maritime Transport: Container Vessels in the New Millennium, and Chinese Maritime Law; Environmental and Coastal Management: Challenges of Importing Principles of Integrated Coastal and Ocean Management into Canada's Ocean Laws, and Prospects for Pollution Reduction by Bioremediation in the Marine Environment; Maritime Security: Maritime Cooperation in Asia and the Pacific.

Selected Documents and Proceedings include:
Report of the International Ocean Institute 1999 - 2000
Oceans and the Law of the Sea Report of the Secretary General, 2000
UN Convention on the Law of the Sea Report
The Hamburg Declaration on the Ocean
The Fiji Declaration on Islands in the New Millennium
The Appendix includes a Directory of Oceans-related Institutions

Since its inception in 1978, the Ocean Yearbook has proven an invaluable research tool to marine biologists, oceanographers, ocean development specialists, students of international law, as well as analysts of foreign policy and international security.
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cover of Ocean Yearbook, Volume 17

Ocean Yearbook, Volume 17

Edited by Elisabeth Mann Borgese, Aldo Chircop, and Moira L. McConnell

University of Chicago Press, 2003

Since 1978, the Ocean Yearbook has published original, peer-reviewed articles and reference materials for students and practitioners of international law, ocean development, coastal zone management, foreign policy, and strategic studies. Coverage includes the global management of marine resources, international law and environmental policy.

Ocean Yearbook is a collaborative initiative of the International Ocean Institute and the Marine and Environmental Law Programme at Dalhousie University Law School.
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cover of Ocean Yearbook, Volume 18

Ocean Yearbook, Volume 18

Edited by Aldo Chircop and Moira L. McConnell

University of Chicago Press, 2004

Published in cooperation with the International Ocean Institute and Dalhousie University Law School, Ocean Yearbook 18—a commemorative volume honoring Elisabeth Mann Borgese—presents original, peer-reviewed articles, reviews, and reference materials from experts in such diverse fields as governance and sustainable development, integrated coastal and ocean management, global and regional cooperation, and international law and environmental policy.

The Ocean Yearbook is an invaluable research tool for marine biologists, oceanographers, students of international law, and analysts of foreign policy and international security.
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cover of Oh, What a Loansome Time I Had: The Civil War Letters of Major William Morel Moxley, Eighteenth Alabama Infantry, and Emily Beck Moxley

Oh, What a Loansome Time I Had

The Civil War Letters of Major William Morel Moxley, Eighteenth Alabama Infantry, and Emily Beck Moxley

Emily Beck Moxley

University of Alabama Press, 2002

This rare correspondence between a soldier and his wife relates in poignant detail the struggle for survival on the battlefield as well as on the home front and gives voice to the underrepresented class of small farmers

Most surviving correspondence of the Civil War period was written by members of a literate, elite class; few collections exist in which the woman's letters to her soldier husband have been preserved. Here, in the exchange between William and Emily Moxley, a working-class farm couple from Coffee County, Alabama, we see vividly an often-neglected aspect of the Civil War experience: the hardships of civilian life on the home front.

Emily's moving letters to her husband, startling in their immediacy and detail, chronicle such difficulties as a desperate lack of food and clothing for her family, the frustration of depending on others in the community, and her growing terror at facing childbirth without her husband, at the mercy of a doctor with questionable skills. Major Moxley's letters to his wife reveal a decidedly unromantic side of the war, describing his frequent encounters with starvation, disease, and bloody slaughter.

To supplement this revealing correspondence, the editor has provided ample documentation and research; a genealogical chart of the Moxley family; detailed maps of Alabama and Florida that allow the reader to trace the progress of Major Moxley's division; and thorough footnotes to document and elucidate events and people mentioned in the letters. Readers interested in the Civil War and Alabama history will find these letters immensely appealing while scholars of 19th-century domestic life will find much of value in Emily Moxley's rare descriptions of her homefront experiences.
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cover of Ohio Canal Era: A Case Study of Government and the Economy, 1820–1861

Ohio Canal Era

A Case Study of Government and the Economy, 1820–1861

Harry N. Scheiber

Ohio University Press, 2012

Ohio Canal Era, a rich analysis of state policies and their impact in directing economic change, is a classic on the subject of the pre–Civil War transportation revolution. This edition contains a new foreword by scholar Lawrence M. Friedman, Professor of Law, Stanford Law School, and a bibliographic note by the author.

Professor Scheiber explores how Ohio—as a “public enterprise state,” creating state agencies and mobilizing public resources for transport innovation and control—led in the process of economic change before the Civil War. No other historical account of the period provides so full and insightful a portrayal of “law in action.” Scheiber reveals the important roles of American nineteenth-century government in economic policy-making, finance, administration, and entrepreneurial activities in support of economic development.

His study is equally important as an economic history. Scheiber provides a full account of waves of technological innovation and of the transformation of Ohio’s commerce, agriculture, and industrialization in an era of hectic economic change. And he tells the intriguing story of how the earliest railroads of the Old Northwest were built and financed, finally confronting the state-owned canal system with a devastating competitive challenge.

Amid the current debate surrounding “privatization,” “deregulation,” and the appropriate use of “industrial policy” by government to shape and channel the economy. Scheiber’s landmark study gives vital historical context to issues of privatization and deregulation that we confront in new forms today.

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cover of Oliver Wendell Holmes Jr. and Legal Logic

Oliver Wendell Holmes Jr. and Legal Logic

Frederic R. Kellogg

University of Chicago Press, 2018

With Oliver Wendell Holmes, Jr. and Legal Logic, Frederic R. Kellogg examines the early diaries, reading, and writings of Justice Oliver Wendell Holmes, Jr. (1841–1935) to assess his contribution to both legal logic and general logical theory. Through discussions with his mentor Chauncey Wright and others, Holmes derived his theory from Francis Bacon’s empiricism, influenced by recent English debates over logic and scientific method, and Holmes’s critical response to John Stuart Mill’s 1843 A System of Logic. 

Conventional legal logic tends to focus on the role of judges in deciding cases. Holmes recognized input from outside the law—the importance of the social dimension of legal and logical induction: how opposing views of “many minds” may converge. Drawing on analogies from the natural sciences, Holmes came to understand law as an extended process of inquiry into recurring problems.

Rather than vagueness or contradiction in the meaning or application of rules, Holmes focused on the relation of novel or unanticipated facts to an underlying and emergent social problem. Where the meaning and extension of legal terms are disputed by opposing views and practices, it is not strictly a legal uncertainty, and it is a mistake to expect that judges alone can immediately resolve the larger issue.
 
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cover of On Interpretive Conflict

On Interpretive Conflict

John Frow

University of Chicago Press, 2019

“Interpretation” is a term that encompasses both the most esoteric and the most fundamental activities of our lives, from analyzing medical images to the million ways we perceive other people’s actions. Today, we also leave interpretation to the likes of web cookies, social media algorithms, and automated markets. But as John Frow shows in this thoughtfully argued book, there is much yet to do in clarifying how we understand the social organization of interpretation.
 
On Interpretive Conflict delves into four case studies where sharply different sets of values come into play—gun control, anti-Semitism, the religious force of images, and climate change. In each case, Frow lays out the way these controversies unfold within interpretive regimes that establish what counts as an interpretable object and the protocols of evidence and proof that should govern it. Whether applied to a Shakespeare play or a Supreme Court case, interpretation, he argues, is at once rule-governed and inherently conflictual. Ambitious and provocative, On Interpretive Conflict will attract readers from across the humanities and beyond.
 
 
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cover of On Transits and Transitions: Trans Migrants and U.S. Immigration Law

On Transits and Transitions

Trans Migrants and U.S. Immigration Law

Tristan Josephson

Rutgers University Press, 2023

Celebrations of the “transgender tipping point” in the second decade of the twenty-first century occurred at the same time of heightened debates and anxieties about immigration in the United States. On Transits and Transitions explores what the increased visibility of trans people in the public sphere means for trans migrants and provides a counter-narrative to the dominant discourse that the inclusion of transgender issues in law and policy represents the progression of legal equality for trans communities. Focusing on the intersection of immigration and trans rights, Josephson presents a careful and innovative examination of the processes by which the category of transgender is produced through and incorporated into the key areas of asylum law, marriage and immigration law, and immigration detention policies. Using mobility as a critical lens, On Transits and Transitions captures the insecurity and precarity created by U.S. immigration control and related processes of racialization to show how im/mobility conditions citizenship and national belonging for trans migrants in the United States.
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cover of On the Dignity of Society: Catholic Social Teaching and Natural Law

On the Dignity of Society

Catholic Social Teaching and Natural Law

F. Russell Hittinger

Catholic University of America Press, 2024

In this collection of essays, Francis Russell Hittinger shows that Catholic social teaching is not only an articulate defense of the dignity of the human person, but perhaps more fundamentally an elucidation of the dignity of society. Indeed, Hittinger enables us to see that one cannot properly defend the dignity of the person without also showing the dignity of societies in which human persons – as naturally familial, political, and ecclesial animals – seek their own perfection in communion with others. Hittinger has been a renowned scholar of Catholic social doctrine for some time now, and the essays presented here are the fruit of his mature thinking on the topic over the course of many years. As each chapter shows, Hittinger’s historically important body of work on Catholic moral and social philosophy and theology is rooted in natural law theory and Thomistic philosophy, but also animated by St. Augustine’s thought and thus consistently sensitive to historical contexts and arenas for moral and theological disputation. These magisterial essays therefore integrate historical studies of the development of Catholic social teaching with systematic exposition of the theological coherence of that tradition, while also articulating the essential role of philosophy and natural law within both. The volume is divided into three parts. The first part is comprised of six essays on Catholic social teaching, the second part is made up of six essays on natural law and its role in social doctrine, and the third part includes two essays discussing the first principles of the Church’s teaching on social issues. This collection will no doubt become a standard in the field of scholarship on Catholic social teaching.
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cover of On the Edge of the Law: Culture, Labor, and Deviance on the South Texas Border

On the Edge of the Law

Culture, Labor, and Deviance on the South Texas Border

By Chad Richardson and Rosalva Resendiz

University of Texas Press, 2006

The Valley of South Texas is a region of puzzling contradictions. Despite a booming economy fueled by free trade and rapid population growth, the Valley typically experiences high unemployment and low per capita income. The region has the highest rate of drug seizures in the United States, yet its violent crime rate is well below national and state averages. The Valley's colonias are home to the poorest residents in the nation, but their rates of home ownership and intact two-parent families are among the highest in the country for low-income residential areas. What explains these apparently irreconcilable facts?

Since 1982, faculty and students associated with the Borderlife Research Project at the University of Texas-Pan American have interviewed thousands of Valley residents to investigate and describe the cultural and social life along the South Texas-Northern Mexico border. In this book, Borderlife researchers clarify why Valley culture presents so many apparent contradictions as they delve into issues that are "on the edge of the law"—traditional health care and other cultural beliefs and practices, displaced and undocumented workers, immigration enforcement, drug smuggling, property crime, criminal justice, and school dropout rates. The researchers' findings make it plain that while these issues present major challenges for the governments of the United States and Mexico, their effects and contradictions are especially acute on the border, where residents must daily negotiate between two very different economies; health care, school, and criminal justice systems; and worldviews.

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cover of One Law for All?: Western Models and Local Practices in (Post-) Imperial Contexts

One Law for All?

Western Models and Local Practices in (Post-) Imperial Contexts

Edited by Stefan B. Kirmse

Campus Verlag, 2012

Examining new archival material from the nineteenth and early twentieth centuries, One Law for All? discusses legal transfer and practice in imperial and post-imperial societies, including Russia, Latin America, Africa, and East Asia. The essays collected here analyze the legal sphere as a site of struggle, both in debate and in everyday life, from the level of universal aspirations to particular local practices. The contributors explore the ways in which both lawmakers and ordinary people talk about and actively use the law, thereby telling a story of contested European hegemony, local assertions, and multiple legal borrowings.

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cover of Only One Place of Redress: African Americans, Labor Regulations, and the Courts from Reconstruction to the New Deal

Only One Place of Redress

African Americans, Labor Regulations, and the Courts from Reconstruction to the New Deal

David E. Bernstein

Duke University Press, 2001

In Only One Place of Redress David E. Bernstein offers a bold reinterpretation of American legal history: he argues that American labor and occupational laws, enacted by state and federal governments after the Civil War and into the twentieth century, benefited dominant groups in society to the detriment of those who lacked political power. Both intentionally and incidentally, claims Bernstein, these laws restricted in particular the job mobility and economic opportunity of blacks.

A pioneer in applying the insights of public choice theory to legal history, Bernstein contends that the much-maligned jurisprudence of the Lochner era—with its emphasis on freedom of contract and private market ordering—actually discouraged discrimination and assisted groups with little political clout. To support this thesis he examines the motivation behind and practical impact of laws restricting interstate labor recruitment, occupational licensing laws, railroad labor laws, minimum wage statutes, the Davis-Bacon Act, and New Deal collective bargaining. He concludes that the ultimate failure of Lochnerism—and the triumph of the regulatory state—not only strengthened racially exclusive labor unions but contributed to a massive loss of employment opportunities for African Americans, the effects of which continue to this day.

Scholars and students interested in race relations, labor law, and legal or constitutional history will be fascinated by Bernstein’s daring—and controversial—argument.
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cover of Operation Fly Trap: L. A. Gangs, Drugs, and the Law

Operation Fly Trap

L. A. Gangs, Drugs, and the Law

Susan A. Phillips

University of Chicago Press, 2012

In 2003, an FBI-led task force known as Operation Fly Trap attempted to dismantle a significant drug network in two Bloods-controlled, African American neighborhoods in Los Angeles. The operation would soon be considered an enormous success, noted for the precision with which the task force targeted and removed gang members otherwise entrenched in larger communities. In Operation Fly Trap, Susan A. Phillips questions both the success of this operation and the methods used to conduct it. Based on in-depth ethnographic research with Fly Trap participants, Phillips’s work brings together police narratives, crime statistics, gang cultural histories, and extensive public policy analysis to examine the relationship between state persecution and the genesis of violent social systems. 

Crucial to Phillips’s contribution is the presentation of the voices and perspectives of both the people living in impoverished communities and the agents that police them. Phillips positions law enforcement surveillance and suppression as a critical point of contact between citizen and state. She tracks the bureaucratic workings of police and FBI agencies and the language, ideologies, and methods that prevail within them, and shows how gangs have adapted, seeking out new locations, learning to operate without hierarchies, and moving their activities more deeply underground. Additionally, she shows how the targeted efforts of task forces such as Fly Trap wreak sweeping, sustained damage on family members and the community at large. Balancing her roles as even-handed reporter and public scholar, Phillips presents multiple flaws within the US criminal justice system and builds a powerful argument that many law enforcement policies in fact nurture, rather than prevent, violence in American society. 

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cover of Operation Mind: A Brief Documentary Account of the House Committee on Un-American Activities. And Why It Matters Now.

Operation Mind

A Brief Documentary Account of the House Committee on Un-American Activities. And Why It Matters Now.

Natalie Zemon Davis and Elizabeth Douvan

Disobedience Press, 2025

Natalie Zemon Davis and Elizabeth Douvan’s Operation Mind is a body of evidence, a prophetic warning, and a call to action about the urgency of doing all we can to prevent thought control in America. In 1952, this meticulously researched pamphlet documented the House Committee on Un-American Activities’ attacks and impact. The HUAC abused its charge to intimidate and silence academics, union members, social critics, scientists, artists, teachers, political opponents, rabbis and other religious leaders, to make them appear suspect and “un-American” in the eyes of the American people.

The 2025 reprint of Operation Mind offers a foreword by comparatist Silke-Maria Weineck, an essay by historian Alan Wald connecting Operation Mind’s history of McCarthyism with present-day attacks on academic freedom, and a new (2023) introduction to the text by Natalie Zemon Davis.
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cover of Opposing Patriarchy: Women and the Law in Action in Pre-Unification Italy (1815–1865)

Opposing Patriarchy

Women and the Law in Action in Pre-Unification Italy (1815–1865)

Sara Delmedico

University of London Press, 2021

Opposing Patriarchy explores women’s increasing political activism in nineteenth-century Italy. 

In Italy and beyond, the nineteenth century was a time of great political change. Shifts in state boundaries and socio-economic structures deeply affected the Italian political landscape, including the nation’s legal system. Many Italian women, who had lived within a strict patriarchal and hierarchical society, began to redefine their identities beyond the traditional domestic roles of daughter, wife, and mother. This volume charts that process by focusing on women’s attitudes towards the law and their interaction with the legal system. Sara Delmedico seeks to recover the forgotten voices and lives of those ordinary women who, in their everyday lives, reacted against the limitations and constraints imposed upon them by society and who refused to accept their status passively. As this volume shows, the women of the period understood the law, questioned obedience, challenged authority, and stood up for themselves. Even though they did not always achieve their goals, their actions contributed to shaping our present.
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cover of Optional Law: The Structure of Legal Entitlements

Optional Law

The Structure of Legal Entitlements

Ian Ayres

University of Chicago Press, 2005

Spurred by the advances in option theory that have been remaking financial and economic scholarship over the past thirty years, a revolution is taking shape in the way legal scholars conceptualize property and the way it is protected by the law. Ian Ayres's Optional Law explores how option theory is overthrowing many accepted wisdoms and producing tangible new tools for courts in deciding cases.
Ayres identifies flaws in the current system and shows how option theory can radically expand and improve the ways that lawmakers structure legal entitlements. An option-based system, Ayres shows, gives parties the option to purchase—or the option to sell—the relevant legal entitlement. Choosing to exercise a legal option forces decisionmakers to reveal information about their own valuation of the entitlement. And, as with auctions, entitlements in option-based law naturally flow to those who value them the most. Seeing legal entitlements through this lens suggests a variety of new entitlement structures from which lawmakers might choose. Optional Law provides a theory for determining which structure is likely to be most effective in harnessing parties' private information.
Proposing a practical approach to the foundational question of how to allocate and protect legal rights, Optional Law will be applauded by legal scholars and professionals who continue to seek new and better ways of fostering both equitable and efficient legal rules.
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cover of Oral Arguments and Coalition Formation on the U.S. Supreme Court: A Deliberate Dialogue

Oral Arguments and Coalition Formation on the U.S. Supreme Court

A Deliberate Dialogue

Ryan C. Black, Timothy R. Johnson, and Justin Wedeking

University of Michigan Press, 2014

The U.S. Supreme Court, with its controlled, highly institutionalized decision-making practices, provides an ideal environment for studying coalition formation. The process begins during the oral argument stage, which provides the justices with their first opportunity to hear one another's attitudes and concerns specific to a case. This information gathering allows them eventually to form a coalition.

In order to uncover the workings of this process, the authors analyze oral argument transcripts from every case decided from 1998 through 2007 as well as the complete collection of notes kept during oral arguments by Justice Lewis F. Powell and Justice Harry A. Blackmun. Both justices clearly monitored their fellow justices' participation in the discussion and used their observations to craft opinions their colleagues would be likely to support. This study represents a major step forward in the understanding of coalition formation, which is a crucial aspect of many areas of political debate and decision making.

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cover of Ordinary Meaning: A Theory of the Most Fundamental Principle of Legal Interpretation

Ordinary Meaning

A Theory of the Most Fundamental Principle of Legal Interpretation

Brian G. Slocum

University of Chicago Press, 2015

Consider this court case: a defendant has traded a gun for drugs, and there is a criminal sentencing provision that stipulates an enhanced punishment if the defendant “uses” a firearm “during and in relation to a drug trafficking crime.” Buying the drugs was obviously a crime—but can it be said that the defendant actually “used” the gun during the crime? This sort of question is at the heart of legal interpretation.
 
Legal interpretation is built around one key question: by what standard should legal texts be interpreted? The traditional doctrine is that words should be given their “ordinary meaning”: words in legal texts should be interpreted in light of accepted standards of communication. Yet often, courts fail to properly consider context, refer to unsuitable dictionary definitions, or otherwise misconceive how the ordinary meaning of words should be determined. In this book, Brian Slocum builds his argument for a new method of interpretation by asking glaring, yet largely ignored, questions. What makes one particular meaning the “ordinary” one, and how exactly do courts conceptualize the elements of ordinary meaning? Ordinary Meaning provides a much-needed, revised framework, boldly instructing those involved with the law in how the components of ordinary meaning should properly be identified and developed in our modern legal system.
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cover of Osiris, Volume 36: Therapeutic Properties: Global Medical Cultures, Knowledge, and Law

Osiris, Volume 36

Therapeutic Properties: Global Medical Cultures, Knowledge, and Law

Edited by Helen Tilley

University of Chicago Press Journals, 2021

This volume of Osiris takes as its point of departure a simple premise: we have yet to fully flesh out the complex historical interplay between medicine and law across the globe. Therapeutic Properties takes an inventive look at the issue, presenting welcome insights on the worldwide ascendancy of biomedicine, the persistence of nonofficial and unorthodox approaches to healing, and the legal contexts that have served to shape these dynamics.

The contributions draw upon source material from the Americas, Africa, Western Europe, the Caribbean, and Asia to trace the influence of penal and civil codes, courts and constitutions, and patents and intellectual properties on not only health practices but also the very foundations of state-sanctioned medicine. The authors explore, too, how institutions of global governance, including those underpinning empires and trade, have historically created feedback loops that enabled laws and regulatory regimes to spread, amplifying their effects and standardizing approaches to diseases, drugs, professions, personhood, and well-being along the way. Highlighting the payoff of interdisciplinary and transnational analyses, this volume adroitly teases apart how different actors fought to write the rules of global health, rendering certain approaches to life and death irrelevant and invisible, others pathological and punishable by law, and others still, normal and natural.
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cover of Other People's Children: The Battle for Justice and Equality in New Jersey's Schools

Other People's Children

The Battle for Justice and Equality in New Jersey's Schools

Yaffe, Deborah

Rutgers University Press, 2007

Winner of the 2008 NJ Studies Academic Alliance author's award for an outstanding non-fiction work about New Jersey

In 1981, when Raymond Abbott was a twelve-year-old sixth-grader in Camden, New Jersey, poor city school districts like his spent 25 percent less per student than the state’s wealthy suburbs did. That year, Abbott became the lead plaintiff in a landmark class-action lawsuit demanding that the state provide equal funding for rich and poor schools. Over the next twenty-five years, as the non-profit law firm representing the plaintiffs won ruling after ruling from the New Jersey Supreme Court, Abbott dropped out of school, fought a cocaine addiction, and spent time in prison before turning his life around.

Raymond Abbott’s is just one of the many human stories that have too often been forgotten in the policy battles New Jersey has waged for two generations over equal funding for rich and poor schools. Other People’s Children, the first book to tell the story of this decades-long school funding battle, interweaves the public story—an account of legal and political wrangling over laws and money—with the private stories of the inner-city children who were named plaintiffs in the state’s two school funding lawsuits, Robinson v. Cahill and Abbott v. Burke. Although these cases have shaped New Jersey’s fiscal and political landscape since the 1970s, most recently in legislative arguments over tax reform, the debate has often been too abstract and technical for most citizens to understand. Written in an accessible style and based on dozens of interviews with lawyers, politicians, and the plaintiffs themselves, Other People’s Children crystallizes the arguments and clarifies the issues for general readers. 

Beyond its implications for New Jersey, this book is an important contribution to the conversations taking place in all states about the nation’s responsibility for its poor, and the role of public schools in providing equal opportunities and promising upward mobility for hard-working citizens, regardless of race or class.

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cover of Our Energy Future

Our Energy Future

Lincoln Davies

University of Utah Press, 2025

One of the greatest challenges of our time is the transition to clean energy. As climate change disrupts natural and human systems, a successful clean energy transition offers hope to a world upended by an overreliance on carbonbased fossil fuels.

In Our Energy Future, Lincoln Davies shines a bright light on the challenges the transition presents, including energy equity, political partisanship, the need for holistic solutions, and adaptability in the face of change. Our Energy Future makes the case for why the United States’ current transition to clean energy provides our world with something we so desperately need today: hope.
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cover of Our Town: Race, Housing, and the Soul of Suburbia

Our Town

Race, Housing, and the Soul of Suburbia

Kirp, David L

Rutgers University Press, 1997

An account of the legal battle to open up New Jersey's suburbs to the poor, looking at the views of lawyers on both sides of the controversy. It is a case study of judicial activism and its consequences and an analysis of suburban attitudes regarding race, class and property.
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cover of Out of the Closets and into the Courts: Legal Opportunity Structure and Gay Rights Litigation

Out of the Closets and into the Courts

Legal Opportunity Structure and Gay Rights Litigation

Ellen Ann Andersen

University of Michigan Press, 2004

Over the past 30 years, the gay rights movement has moved from the margins to the center of American politics, sparking debate from bedroom to boardroom to battlefield. Out of the Closets and into the Courts analyzes the most recent gay rights cases, and explores the complex relationship between litigation and social change. Ellen Andersen describes what happens when these cases—many overseen by the Lambda Legal Defense Fund, the nation's oldest and largest gay rights defense firm—enter the courtroom, and explains why they have met with mixed success.

Out of the Closets and into the Courts explores both the promise and the limits of using legal mobilization to effect social change. Crossing disciplinary boundaries, Ellen Andersen draws on the accumulated knowledge of political science, law, and sociology to explain the origins and outcomes of gay rights litigation. The resulting book is essential reading for anyone interested in gay rights, legal change, and social movements.
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cover of Outbreak: Foodborne Illness and the Struggle for Food Safety

Outbreak

Foodborne Illness and the Struggle for Food Safety

Timothy D. Lytton

University of Chicago Press, 2019

Foodborne illness is a big problem. Wash those chicken breasts, and you’re likely to spread Salmonella to your countertops, kitchen towels, and other foods nearby. Even salad greens can become biohazards when toxic strains of E. coli inhabit the water used to irrigate crops. All told, contaminated food causes 48 million illnesses, 128,000 hospitalizations, and 3,000 deaths each year in the United States.
           
With Outbreak, Timothy D. Lytton provides an up-to-date history and analysis of the US food safety system. He pays particular attention to important but frequently overlooked elements of the system, including private audits and liability insurance.

Lytton chronicles efforts dating back to the 1800s to combat widespread contamination by pathogens such as E. coli and salmonella that have become frighteningly familiar to consumers. Over time, deadly foodborne illness outbreaks caused by infected milk, poison hamburgers, and tainted spinach have spurred steady scientific and technological advances in food safety. Nevertheless, problems persist. Inadequate agency budgets restrict the reach of government regulation. Pressure from consumers to keep prices down constrains industry investments in safety. The limits of scientific knowledge leave experts unable to assess policies’ effectiveness and whether measures designed to reduce contamination have actually improved public health. Outbreak offers practical reforms that will strengthen the food safety system’s capacity to learn from its mistakes and identify cost-effective food safety efforts capable of producing measurable public health benefits.
 
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cover of Outlawed Pigs: Law, Religion, and Culture in Israel

Outlawed Pigs

Law, Religion, and Culture in Israel

Daphne Barak-Erez

University of Wisconsin Press, 2007

     The prohibition against pigs is one of the most powerful symbols of Jewish culture and collective memory. Outlawed Pigs explores how the historical sensitivity of Jews to the pig prohibition was incorporated into Israeli law and culture. 
     Daphne Barak-Erez specifically traces the course of two laws, one that authorized municipalities to ban the possession and trading in pork within their jurisdiction and another law that forbids pig breeding throughout Israel, except for areas populated mainly by Christians. Her analysis offers a comprehensive, decade-by-decade discussion of the overall relationship between law and culture since the inception of the Israeli nation-state. 
     By examining ever-fluctuating Israeli popular opinion on Israel's two laws outlawing the trade and possession of pigs, Barak-Erez finds an interesting and accessible way to explore the complex interplay of law, religion, and culture in modern Israel, and more specifically a microcosm for the larger question of which lies more at the foundation of Israeli state law: religion or cultural tradition.
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cover of Overseers of the Poor: Surveillance, Resistance, and the Limits of Privacy

Overseers of the Poor

Surveillance, Resistance, and the Limits of Privacy

John Gilliom

University of Chicago Press, 2001

In Overseers of the Poor, John Gilliom confronts the everyday politics of surveillance by exploring the worlds and words of those who know it best-the watched. Arguing that the current public conversation about surveillance and privacy rights is rife with political and conceptual failings, Gilliom goes beyond the critics and analysts to add fresh voices, insights, and perspectives.

This powerful book lets us in on the conversations of low-income mothers from Appalachian Ohio as they talk about the welfare bureaucracy and its remarkably advanced surveillance system. In their struggle to care for their families, these women are monitored and assessed through a vast network of supercomputers, caseworkers, fraud control agents, and even grocers and neighbors.

In-depth interviews show that these women focus less on the right to privacy than on a critique of surveillance that lays bare the personal and political conflicts with which they live. And, while they have little interest in conventional forms of politics, we see widespread patterns of everyday resistance as they subvert the surveillance regime when they feel it prevents them from being good parents. Ultimately, Overseers of the Poor demonstrates the need to reconceive not just our understanding of the surveillance-privacy debate but also the broader realms of language, participation, and the politics of rights.

We all know that our lives are being watched more than ever before. As we struggle to understand and confront this new order, Gilliom argues, we need to spend less time talking about privacy rights, legislatures, and courts of law and more time talking about power, domination, and the ongoing struggles of everyday people.





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cover of Overturned: The Rhetoric of Overruling in the United States Supreme Court

Overturned

The Rhetoric of Overruling in the United States Supreme Court

Clarke Rountree

University of Alabama Press, 2025

A timely and lively summary and analysis of the Supreme Court’s justifications for overruling nearly 300 prior rulings in its history

An audacious US Supreme Court is overturning a number of long-standing precedents, and Overturned offers a lively account of the court’s history of overturning prior cases and examples and analyses of 300 cases overruled in its history.

The immense controversy surrounding the case of Dobbs v. Jackson Women’s Health Organization in 2022, which overruled Roe v. Wade and erased the constitutional right to abortion in the United States, has focused public attention on how and why the Supreme Court knocks down long-established precedents.

In his vivid and accessible style, scholar Clarke Rountree recounts the rhetorical pirouettes and linguistic acrobatics the court has deployed to explain its reversal of Dobbs and numerous other landmark decisions. He reviews strategies the court uses to undermine a previous court’s standing without undermining its own. He analyzes overrulings across time, by type (constitutional cases versus statutory and common law cases), by the ages of the overturned precedents, with changes in the court’s membership, and through other variables.

Rountree gives engrossing accounts of pivotal overrulings in the past, such as when Lincoln’s Treasury Secretary Salmon Chase used the Legal Tender Act in 1862 to raise money for the Civil War then ruled the same law unconstitutional in 1870 when he served as chief justice. Rountree retells Thomas Edison’s attempt to monopolize the burgeoning film industry, which was stopped only when the Supreme Court overturned an earlier patent-rights case in 1917. Finally, Rountree applies his myriad insights to the politically fraught Dobbs case.

Overturned makes a valuable contribution to law, rhetoric, politics, and history, and readers interested in the role and function of America’s highest court will find Rountree’s account fast-paced, lively, and engaging.

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cover of Owning Performance | Performing Ownership: Literary Property and the Eighteenth-Century British Stage

Owning Performance | Performing Ownership

Literary Property and the Eighteenth-Century British Stage

Jane Wessel

University of Michigan Press, 2022

In 1710, England’s first copyright law gave authors the ability to own their works, but it was not until 1833 that literary property law was extended to protect dramatic performance. Between these dates, generations of playwrights grappled for control over their intellectual property in a cultural and legal environment that treated print differently from performance. As ownership became a central concern for many, actors fought to possess their dramatic parts exclusively, playwrights struggled to control and profit from repeat performances of their works, and managers tried to gain a monopoly over the performance of profitable plays.

Owning Performance follows the careers of some of the 18th century’s most influential playwrights, actors, and theater managers as they vied for control over the period’s most popular shows. Without protection for dramatic literary property, these figures developed creative
 extra-legal strategies for controlling the performance of drama—quite literally performing their ownership. Their various strategies resulted in a culture of ephemerality, with many of the period’s most popular works existing only in performance and manuscript copies. Author Jane Wessel explores how playwrights and actors developed strategies for owning their works and how, in turn, theater managers appropriated these strategies, putting constant pressure on artists to innovate. Owning Performance reveals the wide-reaching effects of property law on theatrical culture, tracing a turn away from print that affected the circulation, preservation, and legacy of 18th century drama.
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