1917 books match the query 'Law' and 104 start with s

cover of Some Measure of Justice: The Holocaust Era Restitution Campaign of the 1990s

Some Measure of Justice

The Holocaust Era Restitution Campaign of the 1990s

Michael R. Marrus; Foreword by William A. Schabas

University of Wisconsin Press, 2009

Can there ever be justice for the Holocaust? During the 1990s—triggered by lawsuits in the United States against Swiss banks, German corporations, insurance companies, and owners of valuable works of art—claimants and their lawyers sought to rectify terrible wrongs committed more than a half century earlier. Some Measure of Justice explores this most recent wave of justice-seeking for the Holocaust: what it has been, why it emerged when it did, how it fits with earlier reparation to the Jewish people, its significance for the historical representation of the Holocaust, and its implications for justice-seeking in our time.

Writings on the subject of Holocaust reparations have largely come from participants, lawyers, philosophers, journalists, and social scientists specializing in restitution. In Some Measure of Justice Michael Marrus takes up the issue as a historian deeply involved with legal issues. He engages with larger questions about historical understanding and historical interpretation as they enter the legal arena. Ultimately this book asks, What constitutes justice for a great historic wrong? And, Is such justice possible?
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cover of Some Reflections Upon Marriage

Some Reflections Upon Marriage

Mary Astell. Introduction by John A. Dussinger

University of Illinois Press, 2015

Published anonymously in 1700, Some Reflections upon Marriage lamented the inequities of the institution of marriage and reasoned against it with both traditional and innovative arguments. Mary Astell's tract, written in response to an infamous divorce case, forcefully argued against the grim but all-too-common prospect of a marriage of necessity to a man in search of power, money, or a trophy wife. Astell proposed education as the solution to women's second-class status, stating that knowledge alone could lead to a partnership based on friendship and respect. "Let us learn to pride ourselves in something more excellent than the invention of a fashion," she wrote, and her well-reasoned arguments soon won her a wide readership.
 
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cover of Sorting Sexualities: Expertise and the Politics of Legal Classification

Sorting Sexualities

Expertise and the Politics of Legal Classification

Stefan Vogler

University of Chicago Press, 2021

In Sorting Sexualities, Stefan Vogler deftly unpacks the politics of the techno-legal classification of sexuality in the United States. His study focuses specifically on state classification practices around LGBTQ people seeking asylum in the United States and sexual offenders being evaluated for carceral placement—two situations where state actors must determine individuals’ sexualities. Though these legal settings are diametrically opposed—one a punitive assessment, the other a protective one—they present the same question: how do we know someone’s sexuality?

In this rich ethnographic study, Vogler reveals how different legal arenas take dramatically different approaches to classifying sexuality and use those classifications to legitimate different forms of social control. By delving into the histories behind these diverging classification practices and analyzing their contemporary reverberations, Vogler shows how the science of sexuality is far more central to state power than we realize. 
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cover of Sovereign Selves: American Indian Autobiography and the Law

Sovereign Selves

American Indian Autobiography and the Law

David J. Carlson

University of Illinois Press, 2005

This book is an exploration of how American Indian autobiographers' approaches to writing about their own lives have been impacted by American legal systems from the Revolutionary War until the 1920s. Historically, Native American autobiographers have written in the shadow of "Indian law," a nuanced form of natural law discourse with its own set of related institutions and forms (the reservation, the treaty, etc.). In Sovereign Selves, David J. Carlson develops a rigorously historicized argument about the relationship between the specific colonial model of "Indian" identity that was developed and disseminated through U.S. legal institutions, and the acts of autobiographical self-definition by the "colonized" Indians expected to fit that model.

Carlson argues that by drawing on the conventions of early colonial treaty-making, nineteenth- and early twentieth-century Indian autobiographers sought to adapt and redefine the terms of Indian law as a way to assert specific property-based and civil rights. Focusing primarily on the autobiographical careers of two major writers (William Apess and Charles Eastman), Sovereign Selves traces the way that their sustained engagement with colonial legal institutions gradually enabled them to produce a new rhetoric of "Indianness."

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cover of Sovereignty and the Sea: How Indonesia Became an Archipelagic State

Sovereignty and the Sea

How Indonesia Became an Archipelagic State

John G. Butcher and R. E. Elson

National University of Singapore Press, 2017

Until the mid-1950s nearly all of the sea between the far-flung islands of the Indonesian archipelago was open to ships of all nations, but in 1957, the Indonesian government declared that it had absolute sovereignty over all the waters lying within straight baselines drawn between the outermost islands of Indonesia.  In this single step, Indonesia made its lands and seas a unified entity for the first time, a claim formally recognized in 1982 by the United Nations Convention on the Law of the Sea. Sovereignty and the Sea explores how Indonesia succeeded in its extraordinary claim despite its low international profile. John G. Butcher and R. E. Elson reveal that at the heart of Indonesia’s archipelagic campaign was a small group of Indonesian diplomats whose dogged persistence, negotiating skills, and willingness to make difficult compromises resulted in Indonesia becoming the greatest archipelagic state in the world.
 
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cover of Sovereignty in Ruins: A Politics of Crisis

Sovereignty in Ruins

A Politics of Crisis

George Edmondson and Kalus Mladek, editors

Duke University Press, 2017

Featuring essays by some of the most prominent names in contemporary political and cultural theory, Sovereignty in Ruins presents a form of critique grounded in the conviction that political thought is itself an agent of crisis. Aiming to develop a political vocabulary capable of critiquing and transforming contemporary political frameworks, the contributors advance a politics of crisis that collapses the false dichotomies between sovereignty and governmentality and between critique and crisis. Their essays address a wide range of topics, such as the role history plays in the development of a politics of crisis; Arendt's controversial judgment of Adolf Eichmann; Strauss's and Badiou's readings of Plato's Laws; the acceptance of the unacceptable; the human and nonhuman; and flesh as a biopolitical category representative of the ongoing crisis of modernity. Altering the terms through which political action may take place, the contributors think through new notions of the political that advance countermodels of biopolitics, radical democracy, and humanity.

Contributors. Judith Butler, George Edmondson, Roberto Esposito, Carlo Galli, Klaus Mladek, Alberto Moreiras, Andrew Norris, Eric L. Santner, Adam Sitze, Carsten Strathausen, Rei Terada, Cary Wolfe
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cover of Sovereignty, Indigeneity, and the Law, Volume 110

Sovereignty, Indigeneity, and the Law, Volume 110

Eric Cheyfitz

Duke University Press, 0

Although Indigenous groups include diverse cultures and colonial experiences, Indigenous communities around the globe are united by a common struggle: to achieve self-determination and land rights as original occupants of the land prior to colonization. Historically, Western law has served both as an instrument of colonial control and as a means for Indigenous peoples to assert their claims to sovereignty and territory against those of nation-states. The essays in this issue of SAQ consider historical and contemporary colonial conflicts and explore key topics in Indigenous studies, including land rights, human rights, legal jurisdiction, Indigenous governance, and questions of language, culture, and the environment.

This wide-ranging collection addresses the political possibilities of Western law and the international meanings of sovereignty and Indigeneity. One essay analyzes the autonomous government through which local citizens in Indigenous Zapatista communities in Mexico hope to dissolve systems of top-down sovereignty altogether. Another explores narratives of Native American law and the treatment of sovereignty in contemporary Mohawk visual culture. Several essays discuss the legal and political implications of the field’s pivotal public documents, including the 2007 U.N. Declaration on the Rights of Indigenous Peoples.

Eric Cheyfitz is the Ernest I. White Professor of American Studies and Humane Letters in the Department of English at Cornell University. N. Bruce Duthu is the Samson Occom Professor of Native American Studies and Chair of the Native American Studies Program at Dartmouth College. Shari M. Huhndorf is Associate Professor of English at the University of Oregon.

Contributors: Christine Black, Eric Cheyfitz, Gordon Christie, Chris Cunneen, Jonathan Goldberg-Hiller, Lorie M. Graham, Roy M. Huhndorf, Shari M. Huhndorf, Forrest Hylton, Mara Kaufman, Alvaro Reyes, Jolene Rickard, Carlos Salinas, Noenoe K. Silva, Cheryl Suzack, Siegfried Wiessner

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cover of Speak No Evil: The Triumph of Hate Speech Regulation

Speak No Evil

The Triumph of Hate Speech Regulation

Jon B. Gould

University of Chicago Press, 2005

Opponents of speech codes often argue that liberal academics use the codes to advance an agenda of political correctness. But Jon B. Gould's provocative book, based on an enormous amount of empirical evidence, reveals that the real reasons for their growth are to be found in the pragmatic, almost utilitarian, considerations of college administrators. Instituting hate speech policy, he shows, was often a symbolic response taken by university leaders to reassure campus constituencies of their commitment against intolerance. In an academic version of "keeping up with the Joneses," some schools created hate speech codes to remain within what they saw as the mainstream of higher education. Only a relatively small number of colleges crafted codes out of deep commitment to their merits.

Although college speech codes have been overturned by the courts, Speak No Evil argues that their rise has still had a profound influence on curtailing speech in other institutions such as the media and has also shaped mass opinion and common understandings of constitutional norms. Ultimately, Gould contends, this kind of informal law can have just as much power as the Constitution.
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cover of Speak Truth to Power: The Story of Charles Patrick, a Civil Rights Pioneer

Speak Truth to Power

The Story of Charles Patrick, a Civil Rights Pioneer

Mignette Y. Patrick Dorsey

University of Alabama Press, 2010

"Patrick did not intend to become a civil rights pioneer, but a minor dispute over a parking spot led to his arrest, beating while in custody, and eventual legal tribulations. His daughter's account of his ordeal is well researched, beautifully narrated, and extremely informative." —Journal of Southern History

On December 11, 1954, Charles Patrick drove to downtown Birmingham to buy a Boy Scout uniform for his son. Christmas traffic around the downtown department stores was heavy, and Patrick circled unsuccessfully until at last a streetside spot opened up and he began to pull in. As he did so, he was cut off by a woman who ordered him out of the way, as she was the wife of a city police officer. Patrick pulled away, remarking, "Ma’am, he doesn’t own the streets of Birmingham."

Normal low-level urban hassle? Not in 1954 Birmingham, when the woman was white and Patrick black. The woman reported to her husband that a black man had sassed her, and Patrick was summarily arrested, charged with disorderly conduct, and placed in a cell where he was beaten by the husband and another police officer.

Usually that would have been the end of it, but Patrick was not the sort of man to meekly endure an injustice. He found an attorney, went to court to fight the charges, and brought his assailants to justice--as whites, blacks, politicians and the press offered public support.

This book tells the story of Patrick’s quest for justice in segregated Alabama on the eve of the civil rights movement and represents a telling instance of the growing determination of African Americans to be treated fairly, part of the broadening and deepening stream of resolve that led to the widespread activism of the civil rights movement.

  
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cover of Speaking for the Dying: Life-and-Death Decisions in Intensive Care

Speaking for the Dying

Life-and-Death Decisions in Intensive Care

Susan P. Shapiro

University of Chicago Press, 2019

Seven in ten Americans over the age of age of sixty who require medical decisions in the final days of their life lack the capacity to make them. For many of us, our biggest, life-and-death decisions—literally—will therefore be made by someone else. They will decide whether we live or die; between long life and quality of life; whether we receive heroic interventions in our final hours; and whether we die in a hospital or at home. They will determine whether our wishes are honored and choose between fidelity to our interests and what is best for themselves or others. Yet despite their critical role, we know remarkably little about how our loved ones decide for us.
             
Speaking for the Dying
tells their story, drawing on daily observations over more than two years in two intensive care units in a diverse urban hospital. From bedsides, hallways, and conference rooms, you will hear, in their own words, how physicians really talk to families and how they respond. You will see how decision makers are selected, the interventions they weigh in on, the information they seek and evaluate, the values and memories they draw on, the criteria they weigh, the outcomes they choose, the conflicts they become embroiled in, and the challenges they face. Observations also provide insight into why some decision makers authorize one aggressive intervention after the next while others do not—even on behalf of patients with similar problems and prospects. And they expose the limited role of advance directives in structuring the process decision makers follow or the outcomes that result.
           
Research has consistently found that choosing life or death for another is one of the most difficult decisions anyone can face, sometimes haunting families for decades. This book shines a bright light on a role few of us will escape and offers steps that patients and loved ones, health care providers, lawyers, and policymakers could undertake before it is too late.
 
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cover of Speaking of Crime: The Language of Criminal Justice

Speaking of Crime

The Language of Criminal Justice

Lawrence M. Solan and Peter M. Tiersma

University of Chicago Press, 2004

Why do so many people voluntarily consent to searches by have the police search their person or vehicle when they know that they are carrying contraband or evidence of illegal activity? Does everyone understand the Miranda warning? How well can people recognize a voice on tape? Can linguistic experts identify who wrote an anonymous threatening letter?

Speaking of Crime answers these questions and examines the complex role of language within our criminal justice system. Lawrence M. Solan and Peter M. Tiersma compile numerous cases, ranging from the Lindbergh kidnapping to the impeachment trial of Bill Clinton to the JonBenét Ramsey case, that provide real-life examples of how language functions in arrests, investigations, interrogations, confessions, and trials. In a clear and accessible style, Solan and Tiersma show how recent advances in the study of language can aid in understanding how legal problems arise and how they might be solved.

With compelling discussions current issues and controversies, this book is a provocative state-of-the-art survey that will be of enormous value to legal scholars and professionals throughout the criminal justice system.
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cover of Speaking of Crime: The Language of Criminal Justice

Speaking of Crime

The Language of Criminal Justice

Lawrence M. Solan, Peter M. Tiersma, and Tammy Gales

University of Chicago Press, 2025

An essential introduction to the use and misuse of language within the criminal justice system, updated for a new generation.

Does everyone understand the Miranda warning? Why do people confess to a crime they did not commit? Can linguistic experts identify who wrote an anonymous threatening letter? Since its first publication, Speaking of Crime has been answering these questions. Introducing major topics and controversies at the intersection of language and law, Lawrence M. Solan, Peter M. Tiersma, and Tammy Gales apply multidisciplinary insights to examine the complex role of language within the US justice system.

The second edition features in-depth discussions of recent cases, new legislation, and innovative research advances, and includes a new chapter on who interprets the laws governing linguistic contexts. Thoroughly updated and approachable, Speaking of Crime is a state-of-the-art survey that will be useful to scholars, students, and practitioners throughout the criminal justice system.

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cover of Specializing the Courts

Specializing the Courts

Lawrence Baum

University of Chicago Press, 2010

Most Americans think that judges should be, and are, generalists who decide a wide array of cases. Nonetheless, we now have specialized courts in many key policy areas. Specializing the Courts provides the first comprehensive analysis of this growing trend toward specialization in the federal and state court systems.

Lawrence Baum incisively explores the scope, causes, and consequences of judicial specialization in four areas that include most specialized courts: foreign policy and national security, criminal law, economic issues involving the government, and economic issues in the private sector. Baum examines the process by which court systems in the United States have become increasingly specialized and the motives that have led to the growth of specialization. He also considers the effects of judicial specialization on the work of the courts by demonstrating that under certain conditions, specialization can and does have fundamental effects on the policies that courts make. For this reason, the movement toward greater specialization constitutes a major change in the judiciary.

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cover of Speculative Security: The Politics of Pursuing Terrorist Monies

Speculative Security

The Politics of Pursuing Terrorist Monies

Marieke de Goede

University of Minnesota Press, 2012

Since the terrorist acts of September 11, 2001, finance and security have become joined in new ways to produce particular targets of state surveillance. In Speculative Security, Marieke de Goede describes how previously unscrutinized practices such as donations and remittances, especially across national borders, have been affected by security measures that include datamining, asset freezing, and transnational regulation. These “precrime” measures focus on transactions that are perfectly legal but are thought to hold a specific potential to support terrorism. The pursuit of suspect monies is not simply an issue of financial regulation, she shows, but a broad political, social, and even cultural phenomenon with profound effects on everyday life.

Speculative Security offers a range of examples that illustrate the types of security interventions employed today, including the extralegal targeting and breaking up of the al-Barakaat financial network that was accompanied by raids in the United States, asset freezes in Sweden, and the incarceration of a money remitter at Guantánamo Bay. De Goede develops the paradigm of “speculative security” as a way to understand the new fusing of finance and security, denoting the speculative nature of both the means and the ends of the war on terrorist financing.

Ultimately, de Goede reveals how the idea of creating “security” appeals to multiple imaginable—and unimaginable—futures in order to enable action in the present.

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cover of Speculum Iuris: Roman Law as a Reflection of Social and Economic Life in Antiquity

Speculum Iuris

Roman Law as a Reflection of Social and Economic Life in Antiquity

Jean-Jacques Aubert and Boudewijn Sirks, Editors

University of Michigan Press, 2002

Roman public and private law regulated many aspects of life in Antiquity. The legal sources, statutes, juristic opinions, textbooks, documents and reports preserve a wealth of information that illuminates Roman society and economy. However, the use of this kind of evidence can be extremely difficult. With this volume, classicists, historians, and legal scholars propose various ways to integrate the legal evidence with other sources for ancient social and economic history.
Speculum Iuris examines the complex relationship between law and social practice from the particular angle of Roman legislation and jurisprudence as conditioned by or reacting to a specific social, economic, and political context. Using various strategies, the editors and contributors mine a huge body of texts to study attitudes and behaviors of the Roman upper class, whose social concerns are reflected in the development of legal rules.
A close reading of juristic opinions and Republican or imperial legislation allows the contributors to find rationales behind rules and decisions in order to explain practices and mentalities of the elite within a larger social context. This book demonstrates clearly that Roman law was not divorced from the realities of daily life, even if some jurists may have been working with purely hypothetical cases.
Speculum Iuris provides a multidisciplinary approach to the question of the interplay of legal and social forces in the Roman world. As such, it will be a helpful study for general classicists and ancient historians, as well as for legal historians, social historians, economic historians, sociologists, and cultural anthropologists.
Jean-Jacques Aubert is Professor of Latin Language and Literature, University of Neuchâtel, Switzerland. Boudewijn Sirks is Professor of the History of Ancient Law, the History of European Private Law, and German Civil Law, Institute for the History of Law, Germany.
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cover of Speech Acts and the First Amendment

Speech Acts and the First Amendment

Franklyn S. Haiman. Foreword by Abner J. Mikva

Southern Illinois University Press, 1993

What can a democratic society reasonably do about the perplexing problems of racial intolerance, sexual harassment, incitements to violence, and invasions of privacy? Is it possible to preserve the constitutional ideal of free expression while protecting the community from those who would trample on the rights of others?

Franklyn S. Haiman critically examines the reasoning behind recent efforts to prohibit certain forms of speech and explores the possible consequences to democracy of such moves.

Speech act theory, well known to scholars of rhetoric, communication, and language, underlies this emerging trend in judicial and legislative thinking. The idea that "words are deeds," first articulated in language philosophy by Wittgenstein and elaborated by J. L. Austin and John Searle, is being invoked by some members of the legal community to target objectionable speech. For example, speech codes on some college campuses prohibit racist, sexist, and homophobic expression, and attempts have been made through local laws to classify pornography as a form of sex discrimination. By defining certain kinds of arguably immoral symbolic behavior such as hate speech, obscenity, or portrayals of violence as acts rather than as pure speech, speech act advocates make it easier to argue that such conduct should be subject to social control through the law.

Unlike totalitarian or theocratic societies that see no difference between their concept of morality and the law, however, a democracy must make a distinction between what it regards as immoral and what it makes illegal. Haiman maintains that in the realm of symbolic behavior the line between them should be drawn as closely as possible to expression that results in the most serious, direct, immediate, and physical harm to others. Thus, he joins with former Supreme Court Justice Louis Brandeis in concluding that, absent an emergency, more speech, not enforced silence, should be the aim of a free society.

 
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cover of Speech Rights in America: The First Amendment, Democracy, and the Media

Speech Rights in America

The First Amendment, Democracy, and the Media

Laura Stein

University of Illinois Press, 2005

The First Amendment is the principle guarantor of speech rights in the United States. But the Supreme Court's interpretations of it often privilege the interests of media owners over those of the broader citizenry. 

Laura Stein argues that such rulings alienate citizens from their rights, corrupt the essential workings of democracy, and prevent the First Amendment from performing its critical role as a protector of free speech. Drawing on the best of the liberal democratic tradition, Stein demonstrates that there is a significant gap between First Amendment law and the speech rights necessary to democratic communication, and proposes an alternative set of principles to guide future judicial, legislative, and cultural policy on old and new media.

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cover of Spirits Before the Law: Faith, Race, and Freedom Beyond Property

Spirits Before the Law

Faith, Race, and Freedom Beyond Property

Hannah Manshel

Duke University Press, 2027

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cover of Sport and the Law: Historical and Cultural Intersections

Sport and the Law

Historical and Cultural Intersections

Samuel O. Regalado

University of Arkansas Press, 2014

This new collection examines not only how athletes looked to the nation’s judicial system to solve conflicts but also how their cases trans¬formed the interpretation of laws. These essays examine a vast array of social and legal controversies including Heywood v. NBA (1971), which allowed any player to enter the draft; Flood v. Kuhn (1972), which considered baseball’s antitrust status; the Danny Gardella lower level 1948 case regarding free agency and baseball; Muhammad Ali’s celebrated stance against the U.S. draft; Renée Richards’s 1976 lawsuit against the U.S. Tennis Association and its due process ramifications; and human rights violations in international law with respect to the increased recruitment of underage Latin baseball players in the Caribbean region are a few examples of the vast array of stories included. Sport and the Law links these cases to other cases and topics, giving the reader the opportunity to see the threads weaving law and sport together in American society.
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cover of Stacked Deck: A Story of Selfishness in America

Stacked Deck

A Story of Selfishness in America

Lawrence E. Mitchell

Temple University Press, 1998

Americans for generations have  been raised with the mantra that we can grow up to be anything we want to be, achieve anything we can imagine. How many of us believe the message? Dream big. It is a fundamental ideology of unbounded opportunity underscoring our drive to succeed. Yet for many Americans the reality, no matter how hard they try, is far from the visions of glory, the unattainable dream of rags to riches that leaves them feeling like failures.

To understand this ideology and its effect on society, Lawrence E. Mitchell instructs us to look at the myth of individualism that pervades our laws, our social thought, our institutions, and our philosophies. It is the touchstone of our national debates on welfare reform, salary equity, FDA regulations, and a criminal defendant's right to a fair trial -- and it even infiltrates our private lives every time we argue about the division of household chores or television time. In Stacked Deck, Mitchell shows us how this artificial reality buries the way we truly live.

Mithcell uses examples drawn from history, politics, law, and culture to show how our singular concern with fairness has diminished our sense of vulnerability, so that our ideas of justice, equality, and efficiency are  modeled on the capabilities of the strongest in society. Large scale examples -- such as blue collar layoffs and corporate downsizing, natural disasters and catastrophic illnesses -- illustrates the rickety bridge between comfort and disaster. We must be reminded that we are all vulnerable to the forces of economics, society, politics, and nature. Thus, Mitchell proposes, those who start out at the top tend to stay there, just as the weak tend to remain weak.

Stacked Deck does more than outline this problem of American selfishness; it proposes a solution tha tis nothing less than a massive reconception of the way we relate to one another. Mitchell retains what is productive about the myth of the self-reliant individual, while asserting what is necessary to restore a sense of community. He suggests a sweeping intellectual recovery of fairness available to all levels of American society, thereby reclaiming our true sense of responsibility to others in society.
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cover of Stacked Decks: Building Inspectors and the Reproduction of Urban Inequality

Stacked Decks

Building Inspectors and the Reproduction of Urban Inequality

Robin Bartram

University of Chicago Press, 2022

A startling look at the power and perspectives of city building inspectors as they navigate unequal housing landscapes.
 
Though we rarely see them at work, building inspectors have the power to significantly shape our lives through their discretionary decisions. The building inspectors of Chicago are at the heart of sociologist Robin Bartram’s analysis of how individuals impact—or attempt to impact—housing inequality. In Stacked Decks, she reveals surprising patterns in the judgment calls inspectors make when deciding whom to cite for building code violations. These predominantly white, male inspectors largely recognize that they work within an unequal housing landscape that systematically disadvantages poor people and people of color through redlining, property taxes, and city spending that favor wealthy neighborhoods. Stacked Decks illustrates the uphill battle inspectors face when trying to change a housing system that works against those with the fewest resources.
 
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cover of Stages of Capital: Law, Culture, and Market Governance in Late Colonial India

Stages of Capital

Law, Culture, and Market Governance in Late Colonial India

Ritu Birla

Duke University Press, 2009

In Stages of Capital, Ritu Birla brings research on nonwestern capitalisms into conversation with postcolonial studies to illuminate the historical roots of India’s market society. Between 1870 and 1930, the British regime in India implemented a barrage of commercial and contract laws directed at the “free” circulation of capital, including measures regulating companies, income tax, charitable gifting, and pension funds, and procedures distinguishing gambling from speculation and futures trading. Birla argues that this understudied legal infrastructure institutionalized a new object of sovereign management, the market, and along with it, a colonial concept of the public. In jurisprudence, case law, and statutes, colonial market governance enforced an abstract vision of modern society as a public of exchanging, contracting actors free from the anachronistic constraints of indigenous culture.

Birla reveals how the categories of public and private infiltrated colonial commercial law, establishing distinct worlds for economic and cultural practice. This bifurcation was especially apparent in legal dilemmas concerning indigenous or “vernacular” capitalists, crucial engines of credit and production that operated through networks of extended kinship. Focusing on the story of the Marwaris, a powerful business group renowned as a key sector of India’s capitalist class, Birla demonstrates how colonial law governed vernacular capitalists as rarefied cultural actors, so rendering them illegitimate as economic agents. Birla’s innovative attention to the negotiations between vernacular and colonial systems of valuation illustrates how kinship-based commercial groups asserted their legitimacy by challenging and inhabiting the public/private mapping. Highlighting the cultural politics of market governance, Stages of Capital is an unprecedented history of colonial commercial law, its legal fictions, and the formation of the modern economic subject in India.

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cover of Standing Before the Shouting Mob: Lenoir Chambers and Virginia's Massive Resistance to Public School Integration

Standing Before the Shouting Mob

Lenoir Chambers and Virginia's Massive Resistance to Public School Integration

Alex Leidholdt

University of Alabama Press, 2007

A southern journalist campaigns for racial understanding during the
struggle over school desegregation in Virginia.

In 1958 the nation's attention was focused on Norfolk,
Virginia, where nearly ten thousand students were locked out of their schools.
Rather than comply with the desegregation mandate of Brown v. Board
of Education
, Governor J. Lindsay Almond, supported by the powerful
political machine of Senator Harry F. Byrd, Sr., had closed Norfolk's white
secondary schools.

Massive resistance to integration transformed Norfolk
into a civil rights arena. Although the process by which Norfolk's schools
were integrated was far from orderly, the transition was characterized
by debate, political maneuvering, and judicial action--not violence. Lenoir
Chambers, editor of the Norfolk Virginian-Pilot, conducted a five-year
editorial campaign supporting the peaceful implementation of the Court's
order. The Pilot was Virginia's only white newspaper to take this
position. Chambers was later awarded a Pulitzer Prize for his editorials.

Utilizing a wide range of primary and secondary sources,
Standing before the Shouting Mob examines Chambers's campaign, explores
the influences that shaped his racial views, and places him within the
context of southern journalism. The book also provides a detailed analysis
of Virginia's massive resistance and Norfolk's school closing.




 
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cover of Star Chamber Matters: The Court and Its Records

Star Chamber Matters

The Court and Its Records

Edited by Natalie Mears and Krista Kesselring

University of London Press, 2021

A comprehensive historical study into the birth of the law and legal courts in early modern Britain.
 
Star Chamber Matters details some of the fascinating, tragic, and startling cases brought before the Star Chamber, an English court that sat at the Royal Palace of Westminster from the late fifteenth century to the mid-seventeenth century. Through close examination of the breadth and depth of cases brought before the court in its day, readers will experience the trials and tribulations of life, love, and death in Tudor Britain. These cases touch on changing gender roles, shifting religious views, and more. Star Chamber Matters witnesses the birth of English common and civil law as we know it today.
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cover of State Constitutional Politics: Governing by Amendment in the American States

State Constitutional Politics

Governing by Amendment in the American States

John Dinan

University of Chicago Press, 2018

Since the US Constitution came into force in 1789, it has been amended just twenty-seven times, with ten of those amendments coming in the first two years following ratification. By contrast, state constitutions have been completely rewritten on a regular basis, and the current documents have been amended on average 150 times. This is because federal amendments are difficult, so politicians rarely focus on enacting them. Rather, they work to secure favorable congressional statutes or Supreme Court decisions. By contrast, the relative ease of state amendment processes makes them a realistic and regular vehicle for seeking change.

With State Constitutional Politics, John Dinan looks at the various occasions in American history when state constitutional amendments have served as instruments of governance. Among other things, amendments have constrained state officials in the way they levy taxes and spend money; enacted policies unattainable through legislation on issues ranging from minimum wage to the regulation of marijuana; and updated understandings of rights, including religious liberty, equal protection, and the right to bear arms. In addition to comprehensively chronicling the ways amendments shape politics in the states, Dinan also assesses the consequences of undertaking changes in governance through amendments rather than legislation or litigation. For various reasons, including the greater stability and legitimacy of changes achieved through the amendment process, he argues that it might be a more desirable way of achieving change.
 
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cover of State Trading in the Twenty-First Century: The World Trade Forum, Volume 1

State Trading in the Twenty-First Century

The World Trade Forum, Volume 1

Thomas Cottier and Petros C. Mavroidis, Editors

University of Michigan Press, 1998

The University of Michigan Press is pleased to announce the first volume in an annual series, The World Trade Forum. The Forum's members include scholars, lawyers, and government and business practitioners working in the area of international trade, law, and policy. They meet annually and discuss integration issues in international economic relations, focusing on a new theme each year.
The central topic of the first World Trade Forum is state trading. To what extent has trade liberalization, as we have experienced it over the last fifty years, affected property ownership? Contributors to the 1998 World Trade Forum explore this question, examining both state practice and the regulatory framework. Their discussions are divided into three parts: Part 1 looks at the World Trade Organization's legal framework for state trading enterprises, taking on such issues as monopolies and state enterprises, the WTO Antidumping Agreement and the economies in transition, and relationship of state trading and the Government Purchasing Act. Part 2 deals with regional experiences in state trading (for the EC, United States, Canada, Japan, China, and Russia). Part 3 examines conceptual issues such as auctions as a trade policy instrument and rule-making alternatives for entities with exclusive rights. The conclusion synthesizes the foregoing chapters in discussing the reach of modern international trade law.
Contributors are Frederick Abbott, Ichiro Araki, Christian Bach, Jacques H. J. Bourgeois, Thomas Cottier, William J. Davey, Vladimir Dbrentsov, Toni Haniotis, Bernard M. Hoekman, Gary Horlick, Henrik Horn, Robert Howse, Patrick Low, Will Martin, Mitsuo Matsushita, Petros Mavroidis, Aaditya Mattoo, Patrick Messerlin, Constantine Michalopoulos, Kristin Heim Mowry, Stilpon Nestor, Damien Neven, N. David Palmeter, Ernst-Ulrich Petersmann, André Sapir, Diane P. Wood, and Werner Zdouc.
Petros Mavroidis is Professor of Law, University of Neuchatel. Thomas Cottier is Professor of Law, Institute of European and International Economic Law, University of Bern Law School.
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cover of State of Segregation: America’s Freedom Rights Struggles as Told by Alabama

State of Segregation

America’s Freedom Rights Struggles as Told by Alabama

Mark J. Tenhundfeld

University of Alabama Press, 2026

A revealing legal journey through Alabama’s civil rights battles, exposing systemic discrimination and the enduring fight for justice via landmark Supreme Court cases

State of Segregation: America’s Freedom Rights Struggles, as Told by Alabama by Mark J. Tenhundfeld offers a compelling exploration of Alabama’s civil rights and civil liberties history through the lens of thirty-two pivotal US Supreme Court cases. Each case, rooted in Alabama’s social and legal conflicts, reveals the persistent struggle to fulfill the Constitution’s promises of equal protection and due process. From early twentieth-century challenges to the Alabama Constitution of 1901 to contemporary battles over gerrymandering, Tenhundfeld traces how discrimination was embedded in the state’s institutions—and how it was contested.

State of Segregation uniquely blends legal analysis, historical narrative, and social commentary to expose the deep-rooted systems of racial, gender, and class-based discrimination in Alabama. Tenhundfeld argues that while discrimination is the most defining feature of Alabama’s past, it remains the most difficult to confront. By illuminating the legal strategies used to uphold and dismantle injustice, State of Segregation contributes to the broader understanding of how historical inequities continue to shape modern society.

Accessible to general readers and scholars alike, this work stands apart by combining Alabama history, civil rights struggles, and Supreme Court jurisprudence into a single, powerful narrative. It offers both cautionary tales about the fragility of freedom and enduring lessons for today’s social justice advocates.

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cover of States And Strangers: Refugees And Displacements Of Statecraft

States And Strangers

Refugees And Displacements Of Statecraft

Nevzat Soguk

University of Minnesota Press, 1999

Looks at the role of refugees in international relations.

Refugees may flee their country, but can they escape the confining, defining logic of all the voices that speak for them? As refugees multiply in our troubled world, more and more scholars, studies, and pundits focus on their plight. Most of these analyses, says Nevzat Soguk, start from a model that shares the assumptions manifested in traditional definitions of citizen, nation, and state. Within this hierarchy, he argues, a refugee has no place to go. States and Strangers questions this paradigm, particularly its vision of the territoriality of life.

A radical retheorization of the refugee from a Foucauldian perspective, the book views the international refugee regime not as a simple tertiary response, arising from the practice of states regarding refugee problems, but as itself an aspect of the regimentation of statecraft. The attendant discourse negates the multiplicity of refugee events and experience; by assigning the refugee an identity-someone without the citizen’s grounding within a territorial space-the state renders him voiceless and deprives him of representation and protection. States and Strangers asks how this happens and how it can be avoided.Using historical, archival research and interpretive strategies drawn from a genealogical approach, Soguk considers the role of the refugee in the emergence and maintenance of the sovereign territorial state from the late seventeenth century to contemporary times. ISBN 0-8166-3166-2 Cloth/jacket £00.00 $62.95x340 Pages 5 7/8 x 9 MarchBorderlines Series, volume 11Translation inquiries: University of Minnesota Press
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cover of States of Exception in American History

States of Exception in American History

Edited by Gary Gerstle and Joel Isaac

University of Chicago Press, 2020

States of Exception in American History brings to light the remarkable number of instances since the Founding in which the protections of the Constitution have been overridden, held in abeyance, or deliberately weakened for certain members of the polity. In the United States, derogations from the rule of law seem to have been a feature of—not a bug in—the constitutional system.

The first comprehensive account of the politics of exceptions and emergencies in the history of the United States, this book weaves together historical studies of moments and spaces of exception with conceptual analyses of emergency, the state of exception, sovereignty, and dictatorship. The Civil War, the Great Depression, and the Cold War figure prominently in the essays; so do Francis Lieber, Frederick Douglass, John Dewey, Clinton Rossiter, and others who explored whether it was possible for the United States to survive states of emergency without losing its democratic way. States of Exception combines political theory and the history of political thought with histories of race and political institutions. It is both inspired by and illuminating of the American experience with constitutional rule in the age of terror and Trump.
 
[more]
cover of Statutes in Court: The History and Theory of Statutory Interpretation

Statutes in Court

The History and Theory of Statutory Interpretation

William D. Popkin

Duke University Press, 1999

How do judges determine the meaning of laws? The extent to which judges should exercise their discretion in interpreting legislation has been a contentious issue throughout American history, involving questions about the balance of power between the legislature and the judiciary. In Statutes in Court William D. Popkin provides an indispensable survey of the history of American statutory interpretation and then offers his own theory of “ordinary judging” that defines the proper scope of judicial discretion.
Popkin begins by discussing the British origins of statutory interpretation in this country. He then maps the evolving conceptions of the judicial role in the United States from Revolutionary times through the twentieth century before presenting his “ordinary judging” theory—one that asks the judge to use modest judicial discretion to assist the legislature in implementing good government. Claiming that theory cannot account for everything a judge does when determining statutory meaning or writing an opinion, Popkin shows how judges who strive to be conscientious in interpreting the law are often hampered by the lack of both a framework in which to fit their approach and a well-understood common vocabulary to explain what they do. Statutes in Court fills that gap.
This work will be valuable to anyone concerned about the judicial role in the interpretation of laws—from judiciary officials and law professors to legal historians and political scientists.
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cover of Still a Hollow Hope: State Power and the Second Amendment

Still a Hollow Hope

State Power and the Second Amendment

Anthony D. Cooling

University of Michigan Press, 2022

The U.S. Supreme Court increasingly matters in American political life when those across the political spectrum look at the Court for relief from policies they oppose and as another venue for advancing their own policy agendas. However, the evidence is mounting, to include this book in a big way, that courts are more of a sideshow to the culture war. While court decisions, especially Supreme Court decisions, do have importance, the decisions emanating from the Court reflect social, cultural, and political change that occurred long prior to their decision ever being made.

This book tests how much political and social change has been made primarily through Gerald Rosenberg’s framework from his seminal work, The Hollow Hope: Can Courts Bring About Social Change, but it also utilizes Daniel Elazar’s Political Culture Theory to explain state level variations in political and social change. The findings indicate that while courts are not powerless institutions, reformers will not have success unless supported by the public and the elected branches, and most specifically, that preexisting state culture is a determining factor in the amount of change courts make. In short, federalism still matters.

[more]
cover of Strangers to the Law: Gay People on Trial

Strangers to the Law

Gay People on Trial

Lisa Keen and Suzanne B. Goldberg

University of Michigan Press, 2000

In 1992, the voters of Colorado passed a ballot initiative amending the state constitution to prevent the state or any local government from adopting any law or policy that protected a person with a homosexual, lesbian, or bisexual orientation from discrimination. This amendment was immediately challenged in the courts as a denial of equal protection of the laws under the United States Constitution. This litigation ultimately led to a landmark decision by the United States Supreme Court invalidating the Colorado ballot initiative. Suzanne Goldberg, an attorney involved in the case from the beginning on behalf of the Lambda Legal Defense and Education Fund, and Lisa Keen, a journalist who covered the initiative campaign and litigation, tell the story of this case, providing an inside view of this complex and important litigation.
Starting with the background of the initiative, the authors tell us about the debates over strategy, the court proceedings, and the impact of each stage of the litigation on the parties involved. The authors explore the meaning of legal protection for gay people and the arguments for and against the Colorado initiative.
This book is essential reading for anyone interested in the development of civil rights protections for gay people and the evolution of what it means to be gay in contemporary American society and politics. In addition, it is a rich story well told, and will be of interest to the general reader and scholars working on issues of civil rights, majority-minority relations, and the meaning of equal rights in a democratic society.
Suzanne Goldberg is an attorney with the Lambda Legal Defense and Education Fund. Lisa Keen is Senior Editor at the Washington Blade newspaper.
[more]
cover of Strangers to the Law: Gay People on Trial

Strangers to the Law

Gay People on Trial

Lisa Keen and Suzanne B. Goldberg

University of Michigan Press, 1998

In 1992, the voters of Colorado passed a ballot initiative amending the state constitution to prevent the state or any local government from adopting any law or policy that protected a person with a homosexual, lesbian, or bisexual orientation from discrimination. This amendment was immediately challenged in the courts as a denial of equal protection of the laws under the United States Constitution. This litigation ultimately led to a landmark decision by the United States Supreme Court invalidating the Colorado ballot initiative. Suzanne Goldberg, an attorney involved in the case from the beginning on behalf of the Lambda Legal Defense and Education Fund, and Lisa Keen, a journalist who covered the initiative campaign and litigation, tell the story of this case, providing an inside view of this complex and important litigation.
Starting with the background of the initiative, the authors tell us about the debates over strategy, the court proceedings, and the impact of each stage of the litigation on the parties involved. The authors explore the meaning of legal protection for gay people and the arguments for and against the Colorado initiative.
This book is essential reading for anyone interested in the development of civil rights protections for gay people and the evolution of what it means to be gay in contemporary American society and politics. In addition, it is a rich story well told, and will be of interest to the general reader and scholars working on issues of civil rights, majority-minority relations, and the meaning of equal rights in a democratic society.
Suzanne Goldberg is an attorney with the Lambda Legal Defense and Education Fund. Lisa Keen is Senior Editor at the Washington Blade newspaper.
[more]
cover of Strategies for Legal Case Reading and Vocabulary Development

Strategies for Legal Case Reading and Vocabulary Development

Susan M. Reinhart

University of Michigan Press, 2007

Many law students feel that they are learning a new language during their first year of law school. For those students who are not native English speakers this process can be even more overwhelming. Strategies for Legal Case Reading and Vocabulary Development was written for just these students. The goal of the text is to help students develop the case reading and vocabulary strategies they will need to compete and succeed in an American law school.


Strategies for Legal Case Reading and Vocabulary Development begins with an overview of the American legal system and relevant research and guidelines relating to case reading. The book is divided into sections on common law, statutory law, and constitutional law. Approximately twenty cases (some abridged) and eight readings are included in the text. Questions for Discussion follow each case to help students prepare to actively participate in class case discussions. Additional features include hypotheticals (often posed by law professors), vocabulary tasks, and short writing assignments.

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cover of Strategy or Principle?: The Choice Between Regulation and Taxation

Strategy or Principle?

The Choice Between Regulation and Taxation

Mark Kelman

University of Michigan Press, 1999

Governments may choose to meet perceived social problems either through regulatory mandates or the public provision of a good that is funded by broad-based taxes. Contrary to an emerging conservative consensus in the "property rights" movement, Strategy or Principle? argues, first, that the constitution permits broad use of regulations and, second, that the use of regulation may be the better policy choice. Strategy or Principle? addresses a critical issue in law, public administration, and public finance: When is it both prudent and constitutionally permissible to meet social aims by requiring that private parties take certain steps to meet that aim? Alternately, when is it appropriate for the government to use the money it raises through general taxation to fund programs that meet these aims? Regulations have been criticized in "property rights" literature on the grounds that it violates the constitution by limiting the ability of property owners to use their property without compensation. These theorists argue that the government must directly fund these programs. Kelman argues for regulations and "regulatory taxes" in some situations. However, he criticizes an undue reliance among certain political progressives on regulation, arguing that the allocation of social benefits may be irrational if those who are benefited by regulation are thought to have some sort of moral priority to the money implicitly spent on improving their condition over those who receive funds through tax-and-spend programs. Strategy or Principle? will be of interest to students and scholars of constitutional law, public finance, political science, and legislation and administration.
[more]
cover of Strike for the Common Good: Fighting for the Future of Public Education

Strike for the Common Good

Fighting for the Future of Public Education

Rebecca Kolins Givan and Amy Schrager Lang, Editors

University of Michigan Press, 2020

In February 2018, 35,000 public school educators and staff walked off the job in West Virginia. More than 100,000 teachers in other states—both right-to-work states, like West Virginia, and those with a unionized workforce—followed them over the next year.  From Arizona, Kentucky, and Oklahoma to Colorado and California, teachers announced to state legislators that not only their abysmal wages but the deplorable conditions of their work and the increasingly straitened circumstances of public education were unacceptable.  These recent teacher walkouts affirm public education as a crucial public benefit and understand the rampant disinvestment in public education not simply as a local issue affecting teacher paychecks but also as a danger to communities and to democracy. 

Strike for the Common Good gathers together original essays, written by teachers involved in strikes nationwide, by students and parents who have supported them, by journalists who have covered these strikes in depth, and by outside analysts (academic and otherwise).  Together, the essays consider the place of these strikes in the broader landscape of recent labor organizing and battles over public education, and attend to the largely female workforce and, often, largely non-white student population of America’s schools.

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cover of Strike!: Twenty Days in 1970 When Minneapolis Teachers Broke the Law

Strike!

Twenty Days in 1970 When Minneapolis Teachers Broke the Law

William D. Green

University of Minnesota Press, 2022

The complex and dramatic history of an illegal teachers’ strike that forever altered labor relations and Minnesota politics
 

When viewed from our turbulent times, the Minneapolis of fifty years ago might seem serene, but Minneapolis schoolteachers of the day remember it quite differently. It was, author William D. Green said of their recollections, as if they’d been through war. This book recreates twenty days in April 1970 when a then-illegal strike by Minneapolis’s public school teachers marked a singular moment of cultural upheaval—and forever changed the city’s politics, labor law, educational climate, and the right to collective bargaining.

Since the inception of public education in Minnesota, teachers were expected to pursue their vocation out of civic spirit, with low wages, no benefits, and no job security. Strike! describes the history and circumstances leading to the teachers’ extraordinary action, which pitted the progressive and conservative teachers’ unions against each other—and both against the all-powerful school district, a hostile governor and state legislature, and a draconian Minnesota law. Capturing the intense emotions and heated rivalries of the strike, Green profiles the many actors involved, the personal and professional stakes, and the issues of politics, law, and the business of education. 

Informed by interviews, firsthand accounts, news reports, and written records, Strike! brings to life a pivotal moment not just for Minneapolis’s teachers but for the city itself, whose government, school system, and culture would, in a complex but inexorable way, change course for good.

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cover of Stringfellow Acid Pits: The Toxic and Legal Legacy

Stringfellow Acid Pits

The Toxic and Legal Legacy

Brian Craig

University of Michigan Press, 2020

Stringfellow Acid Pits tells the story of one of the most toxic places in the United States, and of an epic legal battle waged to clean up the site and hold those responsible accountable. In 1955, California officials approached rock quarry owner James Stringfellow about using his land in Riverside County, east of Los Angeles, as a hazardous dump site. Officials claimed it was a natural waste disposal site because of the impermeable rocks that underlay the surface. They were gravely mistaken. Over 33 million gallons of industrial chemicals from more than a dozen of the nation’s most prominent companies poured into the site’s unlined ponds. In the 1960s and 1970s, heavy rains forced surges of chemical-laden water into Pyrite Creek and the nearby town of Glen Avon. Children played in the froth, making fake beards with the chemical foam. The liquid waste contaminated the groundwater, threatening the drinking water for hundreds of thousands of California residents. Penny Newman, a special education teacher and mother, led a grassroots army of so-called “hysterical housewives” who demanded answers and fought to clean up the toxic dump. The ensuing three-decade legal saga involved more than 1,000 lawyers, 4,000 plaintiffs, and nearly 200 defendants, and led to the longest civil trial in California history. The author unveils the environmental and legal history surrounding the Stringfellow Acid Pits through meticulous research based on personal interviews, court records, and EPA and other documents. The contamination at the Stringfellow site will linger for hundreds of years. The legal fight has had an equally indelible influence, shaping environmental law, toxic torts, appellate procedure, takings law, and insurance coverage, into the present day.
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cover of Strong Advocate: The Life of a Trial Lawyer

Strong Advocate

The Life of a Trial Lawyer

Thomas Strong

University of Missouri Press, 2012

In Strong Advocate, Thomas Strong, one of the most successful trial lawyers in Missouri’s history, chronicles his adventures as a contemporary personal injury attorney. Though the profession is held in low esteem by the general public, Strong entered the field with the right motives: to help victims who have been injured by defective products or the negligence of others.

            As a twelve-year-old in rural southwest Missouri during the Great Depression, Strong bought a cow, then purchased others as he could afford them, and eventually financed his education with the milk he sold. After graduating law school and serving in the Army’s Counter Intelligence Corps, he rejected offers to practice in New York and San Francisco and returned to his hometown of Springfield.
Strong exhibited his lifelong passion to represent the underdog early in his practice, the “trial by ambush” days when neither side was required to disclose witnesses or exhibits. He quickly became known for his audacious approaches to trying cases, including asking a friend to ride on top of a moving car and hiring a local character called “Crazy Max” to recreate an automobile accident. One fraud case ended with Strong owning a bank and his opponent going to prison. When he sued a labor union for the wrongful death of his client’s spouse, he found his own life threatened.
With changes in the law that allowed discovery of information from an opponent’s files as well as the exhibits and witnesses to be used at trial, Strong and fellow personal injury attorneys forced a wide array of manufacturers to produce safer products. When witnesses at a terrible collision claimed both roadways had green lights simultaneously, Strong’s tenacity led to the purchase of the traffic light controllers. After three months of continuous testing at a university, the controller failed, showing four green lights, and Strong learned that fail-safe devices were available but had not been implemented. These fail-safe devices are now standard on traffic lights throughout the country.
In his last venture, Strong represented the state of Missouri in its case against the tobacco industry, culminating in a settlement totaling billions of dollars. He also reflects on the changes—not always for the better—in his oft-maligned profession since he entered the field in the 1950s. Thomas Strong’s story of survival, quick wits, and humor exemplify what made him such a creative and effective attorney. Lawyers and law students can learn much from this giant of the trial bar, but all readers will be entertained and heartened by his victories for the everyman.
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cover of Struck Out: Why Employment Tribunals Fail Workers and What Can be Done

Struck Out

Why Employment Tribunals Fail Workers and What Can be Done

David Renton

Pluto Press, 2012

Every year, over a hundred thousand workers bring claims to an Employment Tribunal. The settling of disputes between employers and unions has been exchanged by many for individual litigation.

In Struck Out, barrister David Renton gives a practical and critical guide to the system. In doing so he punctures a number of media myths about the Tribunals. Far from bringing flimsy cases, two-thirds of claimants succeed at the hearing. And rather than paying lottery-size jackpots, average awards are just a few thousand pounds – scant consolation for a loss of employment and often serious psychological suffering. The book includes a critique of the present government’s proposals to reform the Tribunal system.

Employment Tribunals are often seen by workers as the last line of defence against unfairness in the workplace. Struck Out shows why we can't rely on the current system to deliver fairness and why big changes are needed.

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cover of Structural Injustice and the Law

Structural Injustice and the Law

Edited by Virginia Mantouvalou and Jonathan Wolff

University College London, 2024

A proposal to incorporate the concept of structural injustice in the standard toolbox of the legal reformer.

Structural Injustice and the Law presents theoretical approaches and case studies demonstrating how the concept of structural injustice can aid legal analysis, and how legal reform can reduce, or even eliminate, some forms of structural injustice. The interdisciplinary topics discussed here in the book include domination, equality, human rights law, legal status, labor law, criminal justice, domestic homicide reviews, homelessness, regulatory public bodies, and the films of Ken Loach. Drawn together, these subjects build an invaluable resource for legal theorists exploring how to use the concept of structural injustice and political philosophers looking for nuanced accounts of the law’s role both in creating and mitigating structural injustice.
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cover of Struggles for the Human: Violent Legality and the Politics of Rights

Struggles for the Human

Violent Legality and the Politics of Rights

Lara Montesinos Coleman

Duke University Press, 2024

In Struggles for the Human, Lara Montesinos Coleman blends ethnography, political philosophy, and critical theory to reorient debates on human rights through attention to understandings of legality, ethics, and humanity in anticapitalist and decolonial struggle. Drawing on her extensive involvement with grassroots social movements in Colombia, Coleman observes that mainstream expressions of human rights have become counterparts to capitalist violence, even as this discourse disavows capitalism’s deadly implications. She rejects claims that human rights are inherently tied to capitalism, liberalism, or colonialism, instead showing how human rights can be used to combat these forces. Coleman demonstrates that social justice struggles that are rooted in marginalized communities’ lived experiences can reframe human rights in order to challenge oppressive power structures and offer a blueprint for constructing alternative political economies. By examining the practice of redefining human rights away from abstract universals and contextualizing them within concrete struggles for justice, Coleman reveals the transformative potential of human rights and invites readers to question and reshape dominant legal and ethical narratives.
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cover of Suffering for Territory: Race, Place, and Power in Zimbabwe

Suffering for Territory

Race, Place, and Power in Zimbabwe

Donald S. Moore

Duke University Press, 2005

Since 2000, black squatters have forcibly occupied white farms across Zimbabwe, reigniting questions of racialized dispossession, land rights, and legacies of liberation. Donald S. Moore probes these contentious politics by analyzing fierce disputes over territory, sovereignty, and subjection in the country’s eastern highlands. He focuses on poor farmers in Kaerezi who endured colonial evictions from their ancestral land and lived as refugees in Mozambique during Zimbabwe’s guerrilla war. After independence in 1980, Kaerezians returned home to a changed landscape. Postcolonial bureaucrats had converted their land from a white ranch into a state resettlement scheme. Those who defied this new spatial order were threatened with eviction. Moore shows how Kaerezians’ predicaments of place pivot on memories of “suffering for territory,” at once an idiom of identity and entitlement. Combining fine-grained ethnography with innovative theoretical insights, this book illuminates the complex interconnections between local practices of power and the wider forces of colonial rule, nationalist politics, and global discourses of development.

Moore makes a significant contribution to postcolonial theory with his conceptualization of “entangled landscapes” by articulating racialized rule, situated sovereignties, and environmental resources. Fusing Gramscian cultural politics and Foucault’s analytic of governmentality, he enlists ethnography to foreground the spatiality of power. Suffering for Territory demonstrates how emplaced micro-practices matter, how the outcomes of cultural struggles are contingent on the diverse ways land comes to be inhabited, labored upon, and suffered for.

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cover of Suing for Medical Malpractice

Suing for Medical Malpractice

Frank A. Sloan, Penny B. Githens, Ellen Wright Clayton, Gerald B. Hickson, Dougl

University of Chicago Press, 1993

Medical malpractice suits today can result in multi-million-dollar settlements, and a practicing physician can pay $100,000 or more annually for malpractice insurance. Some complain that lawyers and plaintiffs are overcompensated by exorbitant judgments that add to the rising cost of health care. But there has been very little evidence to show whether these arguments are true. In this timely work, six experts in health policy, law, and medicine study nearly 200 malpractice claims to show that, contrary to popular perceptions, victims of malpractice are not overcompensated and our legal system for dealing with malpractice claims is not defective.

The authors survey claims filed in Florida between 1986 and 1989 by people who suffered permanent injury or death during birth or during treatment in an emergency room. How often did illegitimate claims result in financial awards? What was the relation between the injury and the amount the patient lost economically? How much did the plaintiffs actually recover? How did the claimants choose their lawyers and what kind of relationship did they have?

Contrary to common perceptions, in the majority of cases the claims were merited, and the authors found that claimants were on average substantially undercompensated—only about one-fifth of plaintiffs recovered more than their economic loss caused by injury or death. The evidence in this book suggests that placing dollar limits on malpractice cases is unjustified and that our tort system is not so faulty after all.
[more]
cover of Suing the Gun Industry: A Battle at the Crossroads of Gun Control and Mass Torts

Suing the Gun Industry

A Battle at the Crossroads of Gun Control and Mass Torts

Timothy D. Lytton

University of Michigan Press, 2005

"Mass tort litigation against the gun industry, with its practical weaknesses, successes, and goals, provides the framework for this collection of thoughtful essays by leading social scientists, lawyers, and academics. . . . These informed analyses reveal the complexities that make the debate so difficult to resolve. . . . Suing the Gun Industry masterfully reveals the many details contributing to the intractability of the gun debate."
-New York Law Journal

"Second Amendment advocate or gun-control fanatic, all Americans who care about freedom need to read Suing the Gun Industry."
-Bob Barr, Member of Congress, 1995-2003, and Twenty-First Century Liberties Chair for Freedom and Privacy, American Conservative Union

"The source for anyone interested in a balanced analysis of the lawsuits against the gun industry."
-David Hemenway, Professor of Health Policy & Director, Harvard Injury Control Research Center Harvard School of Public Health Health Policy and Management Department, author of Private Guns, Public Health

"Highly readable, comprehensive, well-balanced. It contains everything you need to know, and on all sides, about the wave of lawsuits against U.S. gun manufacturers."
-James B. Jacobs, Warren E. Burger Professor of Law and author of Can Gun Control Work?

"In Suing the Gun Industry, Timothy Lytton has assembled some of the leading scholars and advocates, both pro and con, to analyze this fascinating effort to circumvent the well-known political obstacles to more effective gun control. This fine book offers a briefing on both the substance and the legal process of this wave of lawsuits, together with a better understanding of the future prospects for this type of litigation vis-à-vis other industries."
-Philip J. Cook, Duke University

"An interesting collection, generally representing the center of the gun-control debate, with considerable variation in focus, objectivity, and political realism."
-Paul Blackman, retired pro-gun criminologist and advocate

Gun litigation deserves a closer look amid the lessons learned from decades of legal action against the makers of asbestos, Agent Orange, silicone breast implants, and tobacco products, among others.

Suing the Gun Industry collects the diverse and often conflicting opinions of an outstanding cast of specialists in law, public health, public policy, and criminology and distills them into a complete picture of the intricacies of gun litigation and its repercussions for gun control.

Using multiple perspectives, Suing the Gun Industry scrutinizes legal action against the gun industry. Such a broad approach highlights the role of this litigation within two larger controversies: one over government efforts to reduce gun violence, and the other over the use of mass torts to regulate unpopular industries.

Readers will find Suing the Gun Industry a timely and accessible picture of these complex and controversial issues.


Contributors:
Tom Baker
Donald Braman
Brannon P. Denning
Tom Diaz
Howard M. Erichson
Thomas O. Farrish
Shannon Frattaroli
John Gastil
Dan M. Kahan
Don B. Kates
Timothy D. Lytton
Julie Samia Mair
Richard A. Nagareda
Peter H. Schuck
Stephen D. Sugarman
Stephen Teret
Wendy Wagner
[more]
cover of Suing the Tobacco and Lead Pigment Industries: Government Litigation as Public Health Prescription

Suing the Tobacco and Lead Pigment Industries

Government Litigation as Public Health Prescription

Donald G. Gifford

University of Michigan Press, 2010

"The topic, how tort law evolved over time into a system that allowed, for a moment at least, a parens patriae form of massive litigation against corporations, is exceedingly interesting and important. Gifford's treatment of this topic is highly informative, engaging, insightful, very current, and wise."
---David Owen, Carolina Distinguished Professor of Law, and Director of Tort Law Studies, University of South Carolina
 
In Suing the Tobacco and Lead Pigment Industries, legal scholar Donald G. Gifford recounts the transformation of tort litigation in response to the challenge posed by victims of 21st-century public health crises who seek compensation from the product manufacturers. Class action litigation promised a strategy for documenting collective harm, but an increasingly conservative judicial and political climate limited this strategy. Then, in 1995, Mississippi attorney general Mike Moore initiated a parens patriae action on behalf of the state against cigarette manufacturers. Forty-five other states soon filed public product liability actions, seeking both compensation for the funds spent on public health crises and the regulation of harmful products.
 
Gifford finds that courts, through their refusal to expand traditional tort claims, have resisted litigation as a solution to product-caused public health problems. Even if the government were to prevail, the remedy in such litigation is unlikely to be effective. Gifford warns, furthermore, that by shifting the powers to regulate products and to remediate public health problems from the legislature to the state attorney general, parens patriae litigation raises concerns about the appropriate allocation of powers among the branches of government.
 
Donald G. Gifford is the Edward M. Robertson Research Professor of Law at the University of Maryland School of Law.
[more]
cover of Sunk Cost: Who’s to Blame for the Nation’s Broken Student Loan System and How to Fix It

Sunk Cost

Who’s to Blame for the Nation’s Broken Student Loan System and How to Fix It

Jillian Berman

University of Chicago Press, 2025

Exposes the forgotten origins of the student loan system, how politicians have attempted to fix it, and the life-altering damage borrowers face.
 
Student-loan horror stories are a dime a dozen. But students today are faced with a seemingly insurmountable paradox: Research consistently shows that the clearest viable option to financial stability is a college degree. But if and when Americans decide to pursue diplomas, student loan payments quickly follow, and even after securing full-time employment, many borrowers struggle to make ends meet for years. In Sunk Cost, journalist Jillian Berman explores how the nation’s student loan program went from a well-intentioned initiative aimed at helping low- and middle-income students afford college to one that traps borrowers in long-term debt.
 
Berman interviewed dozens of borrowers and policymakers and dug into the archives to unearth the true causes of the student loan problem. A couple of generations ago, policy makers generously subsidized Americans’ college educations because they knew it would be advantageous for the entire country: a more educated population meant better quality of life for all. But today, higher education is viewed as an individual goal, so students and their families are expected to be on the hook for it themselves. Berman explains how this enormous shift happened, which industries benefit from it, and what it means for college-going Americans today. She shares real-life stories of college graduates who are being crushed under some of the harshest consequences of the student loan system. These borrowers pursued higher education in hopes of a better life and yet some have been trapped in debt for decades, making it difficult to put food on the table, much less imagine a life beyond debt.
 
By connecting personal accounts to the policy history of student loans, Berman makes clear that if American society continues to push students toward higher education, but fails to truly subsidize it, the financial strain will become unbearable for all but the most privileged. The current system is broken, but Berman proposes that significant changes are possible, and will require political will from state lawmakers and Congress, along with a philosophical shift, to tackle one of the largest consumer finance challenges of our time.
 
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cover of SuperVision: An Introduction to the Surveillance Society

SuperVision

An Introduction to the Surveillance Society

John Gilliom and Torin Monahan

University of Chicago Press, 2012

We live in a surveillance society. Anyone who uses a credit card, cell phone, or even search engines to navigate the Web is being monitored and assessed—and often in ways that are imperceptible to us. The first general introduction to the growing field of surveillance studies, SuperVision uses examples drawn from everyday technologies to show how surveillance is used, who is using it, and how it affects our world.      

Beginning with a look at the activities and technologies that connect most people to the surveillance matrix, from identification cards to GPS devices in our cars to Facebook, John Gilliom and Torin Monahan invite readers to critically explore surveillance as it relates to issues of law, power, freedom, and inequality. Even if you avoid using credit cards and stay off Facebook, they show, going to work or school inevitably embeds you in surveillance relationships. Finally, they discuss the more obvious forms of surveillance, including the security systems used at airports and on city streets, which both epitomize contemporary surveillance and make impossibly grand promises of safety and security.
 
Gilliom and Monahan are among the foremost experts on surveillance and society, and, with SuperVision, they offer an immensely accessible and engaging guide, giving readers the tools to understand and to question how deeply surveillance has been woven into the fabric of our everyday lives.
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cover of Supreme Court Appointments: Judge Bork and the Politicization of Senate Confirmations

Supreme Court Appointments

Judge Bork and the Politicization of Senate Confirmations

Norman Vieira and Leonard Gross

Southern Illinois University Press, 1998

Norman Vieira and Leonard Gross provide an in-depth analysis of the political and legal framework surrounding the confirmation process for Supreme Court nominees.

President Ronald Reagan’s nomination of Judge Robert Bork to the Supreme Court met with a fierce opposition that was apparent in his confirmation hearings, which were different in many ways from those of any previous nominee. Lasting longer than any other Supreme Court confirmation battle, the Senate hearings dragged on for eighty-seven hours over a twelve-day period. Bork personally testified for more than thirty hours, outlining his legal philosophy in greater detail than had ever before been required of a Supreme Court nominee. Nor had any previous Supreme Court nominee faced the number of witnesses who testified at the Bork hearings.

Deriving their material from hundreds of in-depth interviews with those who participated in the confirmation hearings, Vieira and Gross present a firsthand account of the behind-the-scenes pressure on senators to oppose Bork. Special-interest groups, they note, attempted to control the confirmation process, with both the media and public-opinion polls playing major roles in the defeat of the nomination. Both liberal and conservative groups used the Bork debate to raise money for political war chests.

This behind-the-scenes view of the politics and personalities involved in the Bork confirmation controversy provides a framework for future debates regarding the confirmation process. To help establish that framework, Vieira and Gross examine the similarities as well as the differences between the Bork confirmation battle and other confirmation proceedings for Supreme Court nominees. They also analyze the Supreme Court nominations made after the Bork hearings, including an extensive examination of the controversial Clarence Thomas nomination.

 

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cover of Supreme Court Decision-Making: New Institutionalist Approaches

Supreme Court Decision-Making

New Institutionalist Approaches

Edited by Cornell W. Clayton and Howard Gillman

University of Chicago Press, 1998

What influences decisions of the U.S. Supreme Court? For decades social scientists focused on the ideology of individual justices. Supreme Court Decision Making moves beyond this focus by exploring how justices are influenced by the distinctive features of courts as institutions and their place in the political system.

Drawing on interpretive-historical institutionalism as well as rational choice theory, a group of leading scholars consider such factors as the influence of jurisprudence, the unique characteristics of supreme courts, the dynamics of coalition building, and the effects of social movements. The volume's distinguished contributors and broad range make it essential reading for those interested either in the Supreme Court or the nature of institutional politics.

Original essays contributed by Lawrence Baum, Paul Brace, Elizabeth Bussiere, Cornell Clayton, Sue Davis, Charles Epp, Lee Epstein, Howard Gillman, Melinda Gann Hall, Ronald Kahn, Jack Knight, Forrest Maltzman, David O'Brien, Jeffrey Segal, Charles Sheldon, James Spriggs II, and Paul Wahlbeck.


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