Results by title

The United States Supreme Court has numbered nine justices for the past 150 years. But that number is not fixed. With the Democrats controlling the House and Senate during the Biden presidency, they could add justices to the Supreme Court. But would court packing destroy the Court as an apolitical judicial institution? This is the crucial question Stephen Feldman addresses in his provocative book, Pack the Court! He uses a historical, analytical, and political argument to justify court-packing in general and Democratic court-packing more specifically.

Republicans and Democrats alike profess to worry that court-packing will destroy the legitimacy of the Supreme Court as a judicial institution by injecting politics into a purely legal adjudicative process. But as Feldman’s insightful book shows, law and politics are forever connected in judicial interpretation and decision making. Pack the Court! insists that court packing is not the threat to the Supreme Court’s institutional legitimacy that many fear. Given this, Feldman argues that Democrats should pack the Court while they have the opportunity. Doing so might even strengthen the American people’s faith in the Court.

Under the guise of Islamic law, the prophet Muhammad’s Islam, and the Qur’an, states such as Pakistan, Afghanistan, Egypt, Saudi Arabia, and Bangladesh are using blasphemy laws to suppress freedom of speech. Yet the Prophet never tried or executed anyone for blasphemy, nor does the Qur’an authorize the practice. Asserting that blasphemy laws are neither Islamic nor Qur‘anic, Shemeem Burney Abbas traces the evolution of these laws from the Islamic empires that followed the death of the Prophet Muhammad to the present-day Taliban. Her pathfinding study on the shari’a and gender demonstrates that Pakistan’s blasphemy laws are the inventions of a military state that manipulates discourse in the name of Islam to exclude minorities, women, free thinkers, and even children from the rights of citizenship.

Abbas herself was persecuted under Pakistan’s blasphemy laws, so she writes from both personal experience and years of scholarly study. Her analysis exposes the questionable motives behind Pakistan’s blasphemy laws, which were resurrected during General Zia-ul-Haq’s regime of 1977–1988—motives that encompassed gaining geopolitical control of the region, including Afghanistan, in order to weaken the Soviet Union. Abbas argues that these laws created a state-sponsored “infidel” ideology that now affects global security as militant groups such as the Taliban justify violence against all “infidels” who do not subscribe to their interpretation of Islam. She builds a strong case for the suspension of Pakistan’s blasphemy laws and for a return to the Prophet’s peaceful vision of social justice.

As frequent intermediaries between Israeli military authorities and Palestinian citizens, Palestinian lawyers stand close to the fault line dividing Israeli and Palestinian societies. The conflicts and tensions they experience in their profession mirror the larger conflicts between the two societies. Thus, as George Bisharat reveals in Palestinian Lawyers and Israeli Rule, a careful study of the work and lives of Palestinian lawyers ultimately helps to illuminate the causes of the intifada, or uprising, that began in December 1987.

The study revolves around the central question of why the Palestinian legal profession declined during twenty years of Israeli occupation when, in other Third World countries, the legal profession has often reached its peak during a period of Western colonization. Bisharat answers this question with a wide-ranging inquiry into the historical origins of the legal profession and court system in Palestine, the tenuous grounding of these institutions in Palestinian society and culture, and the structure, style, and policies of the late-twentieth-century Israeli military government in the West Bank.

For general readers interested in the Palestinian-Israeli conflict, as well as specialists in such fields as legal anthropology, sociology of the professions, Third World law and development, and Middle Eastern studies, Palestinian Lawyers and Israeli Rule will be required reading.

Growing numbers of people are displaced by war and violent conflict. In Ukraine, Afghanistan, Ethiopia, Myanmar, Syria, and elsewhere violence pushes civilian populations from their homes and sometimes from their countries, making them refugees. In previous decades, millions of refugees and displaced people returned to their place of origin after conflict or were resettled in countries in the Global North. Now displacements last longer, the number of people returning home is lower, and opportunities for resettlement are shrinking. More and more people spend decades in refugee camps or displaced within their own countries, raising their children away from their home communities and cultures. In this context, international policies encourage return to place of origin.

Using case studies and first-person accounts from interviews and fieldwork in post-conflict settings such as Uganda, Liberia, and Kosovo, Sandra F. Joireman highlights the divergence between these policies and the preferences of conflict-displaced people. Rather than looking from the top down, at the rights that people have in international and domestic law, the perspective of this text is from the ground up—examining individual and household choices after conflict. Some refugees want to go home, some do not want to return, some want to return to their countries of origin but live in a different place, and others are repatriated against their will when they have no other options. Peace, Preference, and Property suggests alternative policies that would provide greater choice for displaced people in terms of property restitution and solutions to displacement.

Three generations of a family of lawyers have run a firm founded in 1893 in the small city of Becskerek (today in Serbian Zrenjanin), first part of the Austro-Hungarian Habsburg monarchy, then Hungary, then Yugoslavia, then for a while under German occupation, then again part of Yugoslavia and finally Serbia. In the Banat district of the province of Vojvodina, the multiplicity of languages and religions and changes of place-names was a matter of course.

What is practically unprecedented, all files, folders and documents of the law office have survived. They concern marriages, divorces, births and testaments, as well as expulsions, emigrations, incarcerations and releases of these largely rural and small-town dwellers. Mundane cases reflect times through war, peace, revolution and counter-revolution, through serfdom and freedom, through comfort and poverty. The files also show everyday lives shaped in spite of history. Tibor Várady transforms them into affecting and vivid vignettes, selecting and commenting without sentimentality but with empathy. The law office of the three generations of the Várady family demonstrates that the legal profession permits and in difficult times even requires its members to defend the ordinary men and women against the powers of state and society.

Since the rise of Napster and other file-sharing services in its wake, most of us have assumed that intellectual piracy is a product of the digital age and that it threatens creative expression as never before. The Motion Picture Association of America, for instance, claimed that in 2005 the film industry lost $2.3 billion in revenue to piracy online. But here Adrian Johns shows that piracy has a much longer and more vital history than we have realized—one that has been largely forgotten and is little understood.

Piracy explores the intellectual property wars from the advent of print culture in the fifteenth century to the reign of the Internet in the twenty-first. Brimming with broader implications for today’s debates over open access, fair use, free culture, and the like, Johns’s book ultimately argues that piracy has always stood at the center of our attempts to reconcile creativity and commerce—and that piracy has been an engine of social, technological, and intellectual innovations as often as it has been their adversary. From Cervantes to Sonny Bono, from Maria Callas to Microsoft, from Grub Street to Google, no chapter in the story of piracy evades Johns’s graceful analysis in what will be the definitive history of the subject for years to come.

In this companion volume to his 2012 book Oregon Plans: The Making of an Unquiet Land-Use Revolution, Sy Adler offers readers a deep analysis of planning Portland’s Urban Growth Boundary. Required by one of Oregon’s nineteen statewide planning goals, a boundary in the Portland metropolitan area was intended to separate urban land and land that would be urbanized from commercially productive farmland. After adopting the goals, approving the Portland growth boundary in 1979 was the most significant decision the Oregon Land Conservation and Development Commission has ever made, and, more broadly, is a significant milestone in American land-use planning.
 
Planning the Portland Urban Growth Boundary primarily covers the 1970s. Innovative regional planning institutions were established in response to concerns about sprawl, but planners working for those institutions had to confront the reality that various plans being developed and implemented by city and county governments in metro Portland would instead allow sprawl to continue. Regional planners labeled these as “Trend City” plans, and sought to transform them during the 1970s and thereafter.
 
Adler discusses the dynamics of these partially successful efforts and the conflicts that characterized the development of the Portland UGB during the 1970s—between different levels of government, and between public, private, and civic sector advocates. When the regional UGB is periodically reviewed, these conflicts continue, as debates about values and technical issues related to forecasting future amounts of population, economic activity, and the availability of land for urban development over a twenty-year period roil the boundary planning process.
 
Planning the Portland Urban Growth Boundary is an authoritative history and an indispensable resource for anyone actively involved in urban and regional planning—from neighborhood associations and elected officials to organizations working on land use and development issues throughout the state.
 

A vivid exploration of how early modern literature transformed the law of the sea into a rich imaginative realm of maritime space and poetic possibility

Poetics of the Legal Sea in English Renaissance Literature is a richly layered study that traces how early modern writers imagined the sea as both a legal landscape and a site of narrative possibility. Through an interdisciplinary lens, the book illuminates the ways literary forms conceptualized the maritime laws that governed the early modern world. Its narrative moves fluidly between legal frameworks and poetic language, revealing a dynamic exchange between artistic expression and the systems that regulated life at sea.

Hayley Cotter’s analysis charts a metaphorical voyage, guiding readers from the calm departure of genre and jurisdiction through turbulent encounters with piracy, shipwreck, and salvage. Plays and poems become vessels that carry ideas about authority, justice, and sovereignty, while rhetorical devices such as metaphor, synecdoche, and metonymy deepen the imaginative pull of maritime experience. This journey foregrounds the cognitive effects of literary language, showing how early modern authors engaged with legal culture in ways that often moved beneath the surface of conscious thought.

As the chapters progress, literary texts become active participants in shaping understandings of law and maritime space. Shakespearean drama, Elizabethan pirate tales, sonneteering traditions, and anonymous sea poems all contribute to a vibrant conversation about how societies negotiated law and commerce on the open water. Bringing together readers interested in early modern literature, maritime history, and interdisciplinary inquiry, Poetics of the Legal Sea in English Renaissance Literature offers a compelling exploration of how the ocean’s vast, shifting expanse inspired new ways of thinking about power and the stories that give shape to legal life.

A critical examination of the effects of tax competition.

Policy Responses to Tax Competition provides an in-depth exploration of how jurisdictions design taxes on mobile economic factors. Tax competition between jurisdictions that seek to attract businesses and residents presents both opportunities and challenges. It can foster government efficiency and provide a counterweight to lobbying for increased spending, but it can also result in inefficiently low tax rates and revenue shortfalls as jurisdictions vie for tax bases. This volume examines the economic drivers and consequences of tax competition and presents empirical evidence on its effects.

Divided into three parts, the book first reviews existing research on the determinants and consequences of tax competition and related policy initiatives such as development incentives. The second section focuses on specific policies, such as the Kansas-Missouri noncompete pact and international measures like the OECD’s Base Erosion and Profit Shifting initiative, that are designed to limit tax competition. It also considers the economic responses to these policies, the distributional impact of competition-reducing policies, and potential strategic reactions of other governments. The final section presents case studies of the effects of various policies, including inter-municipal cooperation in France and corporate tax equalization in Switzerland.

Altogether, this volume provides new insights into the nature of inter-jurisdictional tax competition and the range of potential responses available to jurisdictions at various levels in federal systems.

Examining how landmark trials become public dramas that shape law, culture, and collective memory.

Contemporary scholarship illustrates the law’s increasingly powerful role in American life; legal education, in turn, has focused on the problems and techniques of communication. This book addresses these interests through critical study of eight popular trials: the 17th-century trial of Dr. Henry Sacheverell, and the 20th-century trials of Scopes, the Rosenbergs, the Chicago Seven, the Catonsville Nine, John Hinckley, Claus von Bulow, and San Diego Mayor Larry Hedgecock. Such trials spark major public debates, become symbols of public life, and legitimize particular beliefs and institutions. Despite high visibility and drama, however, the popular trial has not received sufficient study as persuasive event. Lying at the intersection of the institutional practices of law and the mass media, the popular trial has confounded study according to the conventional assumptions of scholarship in both law and communication studies.

This volume defines popular trials as a genre of public communication, a genre that includes trials unusually prominent within public discourse. Further, popular trials are often characterize by special media presentations through televised coverage of the trial itself and news analysis, intense audience identification with the principal actors, and political and social consequences independent of the legal action. The essays in this volume stress the rhetorical functions of popular trials. Contributors in addition to the editor include Lawrance M. Bernabo, Barry Brummett, Celeste Michelle Condit, Juliet Dee, Susan J. Drucker, J. Justin Gustainis, Janice Platt Hunold, William Lewis, John Louis Lucaites, and Larry A. Williamson.

Over six decades after the polemical Sacco and Vanzetti case, in which the two anarchist Italian immigrants were convicted of first-degree murder and executed by the Commonwealth of Massachusetts, Young and Kaiser revisit the case's evidence as well as the key actors who determined its outcome. The authors situate their meticulous reexamination of the court evidence and prosecuting and defense arguments within the long-standing dispute between political leftists and conservatives regarding the integrity of the conviction, edifying the left's accusations of anti-Italianism and anti-anarchism. Their analysis magnifies both the likelihood of contrived evidence and the fallibility of our criminal justice system's impartiality, pointing to important questions concerning the nature of a fair trial and the influence of prejudice and politics in juridical processes. As such, Postmortem functions as a detailed introduction to the infamous 1921 Sacco and Vanzetti trial as well as a meditation on enduring dilemmas of the American judicial branch.