88 books match the query 'Lawyers' and 27 start with t

cover of Taming Alabama: Lawyers and Reformers, 1804-1929

Taming Alabama

Lawyers and Reformers, 1804-1929

Paul M. Pruitt, Jr. introduction by G. Ward Hubbs

University of Alabama Press, 2010

Taming Alabama focuses on persons and groups who sought to bring about reforms in the political, legal, and social worlds of Alabama. Most of the subjects of these essays accepted the fundamental values of nineteenth and early twentieth century white southern society; and all believed, or came to believe, in the transforming power of law. As a starting point in creating the groundwork of genuine civility and progress in the state, these reformers insisted on equal treatment and due process in elections, allocation of resources, and legal proceedings.
 
To an educator like Julia Tutwiler or a clergyman like James F. Smith, due process was a question of simple fairness or Christian principle. To lawyers like Benjamin F. Porter, Thomas Goode Jones, or Henry D. Clayton, devotion to due process was part of the true religion of the common law. To a former Populist radical like Joseph C. Manning, due process and a free ballot were requisites for the transformation of society.
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cover of Tangled Loyalties: Conflict of Interest in Legal Practice

Tangled Loyalties

Conflict of Interest in Legal Practice

Susan P. Shapiro

University of Michigan Press, 2002

In Tangled Loyalties, Susan P. Shapiro charts a journey across the state of Illinois. To explore the role of conflict-of-interest in the private practice of law she looks at a wide variety of law firms, including those located near lakes, rivers, and corn fields; in strip malls, storefronts, and historic landmarks; in town squares, residential neighborhoods, deteriorating downtown areas, and glittering high rises.
This unique, empirical study examines the actual attitudes and perceptions of legal practitioners. The author discusses the realities of the profession--what lawyers face day to day, how they deal with conflicts of interest, and how those experiences vary from LaSalle Street to Wall Street to Main Street, from megafirms to solo practices. In describing how conflicts arise in their daily work, Shapiro sheds light on the nature of legal work--on clients, colleagues, law firm power and politics, economics, markets, malpractice insurance, careers, ethics, values, business judgments, and lawyers' most anguishing moments. In short, we learn what it means to be a lawyer at the end of the twentieth century.
Tangled Loyalties also looks at how these conflicts in law affect other fiduciaries--accountants, doctors, psychotherapists, journalists, and academics--and the way in which they respond to competing interests and the honoring of those interests.
Tangled Loyalties will appeal to readers interested in the legal and other professions, social institutions and relations, and issues of trust, ethics, social control and regulation.
Susan P. Shapiro is Senior Research Fellow, American Bar Foundation.
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cover of The Boy from Altheimer: From the Depression to the Boardroom

The Boy from Altheimer

From the Depression to the Boardroom

William H. Bowen

University of Arkansas Press, 2006

Bill Bowen’s memoir deals with many of the most important events and years in Arkansas history in the twentieth century. Bowen was born and raised in Altheimer, in the Arkansas Delta, a section of the country that was among the most impoverished in the nation during the Depression. His adolescence was shaped by the Depression, and as a young adult he enlisted in the U.S. Navy during World War II, and served in the U.S. Naval Reserve until 1963. After the war, Bowen became a tax attorney. He used his unique skills to refine the legal aspects of investment banking in Arkansas and became so proficient at it that he moved into the banking field to serve first as president then board chairman of one of Arkansas’s largest banks. Legal and banking experience led naturally to politics, and he became chief of staff for Gov. Bill Clinton. After Clinton announced his candidacy for president, it became Bowen’s task to protect the interests and programs of Governor Clinton in the face of intense pressure from then Lt. Gov. Jim Guy Tucker to become de facto governor. Even in retirement he continued to lead an energetic, productive life as he prepared himself for yet another career, this one in education, serving two years as dean of the University of Arkansas, Little Rock, Law School, which now bears his name.
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cover of The Conscience of a Lawyer: Clifford J. Durr and American Civil Liberties, 1899–1975

The Conscience of a Lawyer

Clifford J. Durr and American Civil Liberties, 1899–1975

John A. Salmond

University of Alabama Press, 1990

A powerful portrait of principle and protest in the life of a Southern lawyer who stood for civil liberties.

Clifford Judkins Durr was an Alabama lawyer who played an important role in defending activists and other accused of disloyalty during the New Deal and McCarthy eras. His uncompromising commitment to civil liberties and civic decency caused him to often take unpopular positions.

In 1933, Durr moved to Washington to work as a lawyer for the Reconstruction Finance Corporation, a creation of Roosevelt’s new Democratic administration, becoming a dedicated New Dealer in the process. He was then appointed by President Franklin D. Roosevelt to the Federal Communications Commission (FCC), a politically sensitive position as FDR sought to counter the increasing power and concentration of broadcasters, many of whom were opponents of the New Deal. Durr resigned from the FCC in 1948 and after brief employment with the National Farmers Union in Colorado, the Durrs eventually returned to Montgomery, Alabama in the hope of returning to a more prosperous, less controversial life.

Durr continued to practice in Montgomery as counsel for black citizens whose rights had been violated and ultimately, in December, 1955, when police arrested Rosa Parks for refusing to give her bus seat to a white man he stepped in and lent his extensive legal prowess to her case and the continuing quest for civil rights. Closing his firm in 1964 Durr began to lecture in the United States and abroad. He died at his grandfather's farm in 1975.
 

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cover of The Consciousness of the Litigator

The Consciousness of the Litigator

Duffy Graham

University of Michigan Press, 2005

"An important and thought-provoking addition to the literature on the ethics of lawyers."
---Kimberly Kirkland, Franklin Pierce Law Center

The Consciousness of the Litigator investigates the role of the lawyer in modern American political and social life and in the judicial process, and plumbs lawyers' perceptions of themselves, their work, and, especially, their sense of right and wrong.

In so doing, the book sheds light on the unique and little-examined subject of the moral mind of the litigator, whose work extends to all corners of society and whose primary expertise---making legal arguments---is the fundamental skill of all lawyers.

The Consciousness of the Litigator stands with Michael Kelly's Lives of Lawyers as a must-read for the many law students, scholars, and practicing litigators who struggle to balance ethical questions with the dictates of their highly commercialized profession.
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cover of The Development of a Russian Legal Consciousness

The Development of a Russian Legal Consciousness

Richard S. Wortman

University of Chicago Press, 1976

Until the nineteenth century, the Russian legal system was subject to an administrative hierarchy headed by the tsar, and the courts were expected to enforce, not interpret the law. Richard S. Wortman here traces the first professional class of legal experts who emerged during the reign of Nicholas I (1826 – 56) and who began to view the law as a uniquely modern and independent source of authority. Discussing how new legal institutions fit into the traditional system of tsarist rule, Wortman analyzes how conflict arose from the same intellectual processes that produced legal reform. He ultimately demonstrates how the stage was set for later events, as the autocracy and judiciary pursued contradictory—and mutually destructive—goals.
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cover of The Internationalization of Palace Wars: Lawyers, Economists, and the Contest to Transform Latin American States

The Internationalization of Palace Wars

Lawyers, Economists, and the Contest to Transform Latin American States

Yves Dezalay and Bryant G. Garth

University of Chicago Press, 2002

How does globalization work? Focusing on Latin America, Yves Dezalay and Bryant G. Garth show that exports of expertise and ideals from the United States to Argentina, Brazil, Chile, and Mexico have played a crucial role in transforming their state forms and economies since World War II.

Based on more than 300 extensive interviews with major players in governments, foundations, law firms, universities, and think tanks, Dezalay and Garth examine both the production of northern exports such as neoliberal economics and international human rights law and the ways they are received south of the United States. They find that the content of what is exported and how it fares are profoundly shaped by domestic struggles for power and influence—"palace wars"—in the nations involved. For instance, challenges to the eastern intellectual establishment influenced the Reagan-era export of University of Chicago-style neoliberal economics to Chile, where it enjoyed a warm reception from Pinochet and his allies because they could use it to discredit the previous regime.

Innovative and sophisticated, The Internationalization of Palace Wars offers much needed concrete information about the transnational processes that shape our world.
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cover of The Invincible Duff Green: Whig of the West

The Invincible Duff Green

Whig of the West

W. Stephen Belko

University of Missouri Press, 2006

He made a name for himself in the Missouri territory as a land speculator, entrepreneur, lawyer, militia officer, politician, and newspaper editor. He went on to take part in many of the events that shaped the young republic, and his name became a household word. But Duff Green has not found his rightful place in history—until now. W. Stephen Belko has written the first full-scale political investigation of this important figure, examining Green’s fundamental role in the politics, society, and economy of Jacksonian America.
Duff Green emerged on the national stage when he became editor of the United States Telegraph, an organizer of the fledgling Democratic Party, and one of Andrew Jackson’s chief advisers. He broke bitterly with Jackson over his feud with Vice President John C. Calhoun, then later found a place as a diplomat in John Tyler’s administration and emerged as a key figure in the popularization of Manifest Destiny and the annexation of Texas. Green also played a major role in the transportation revolution as a developer of canal and railroad projects.
Belko presents a balanced appraisal of Green’s career, particularly from 1815 to 1850, delving into his personality to tease out the motivations for his pursuit of such wide-ranging ventures. Drawing on a wealth of previously unexploited primary sources, he not only chronicles Green’s labyrinthine career but also illuminates Green’s rise in the Democratic Party; his role in the creation and development of the Whig Party; and his considerable influence on national debates regarding slavery, nullification, the National Bank, territorial expansion, and foreign relations.
For all his influence, Green has until now been either ignored or portrayed as a Calhoun minion and proslavery sectionalist in the Fireater mold. Belko revises these assessments of Green’s role in the making of Jacksonian America, showing him to be an independent westerner who was politically moderate—even less fanatical on the slavery issue than many have supposed. Belko’s research uncovers a Duff Green who was an aggressive and buoyant person, to be sure, but a democratic man of principle who is rightly called a quintessential Jacksonian.
The story of Jacksonian America cannot be fully told without Duff Green. This long-awaited study is a compelling narrative for scholars and aficionados of political or Missouri history, offering a fresh view of his crucial contributions to the antebellum era and shedding new light on the true nature of Jacksonian democracy.
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cover of The Last Great Colonial Lawyer: The Life and Legacy of Jeremiah Gridley

The Last Great Colonial Lawyer

The Life and Legacy of Jeremiah Gridley

Charles R. McKirdy

University of Massachusetts Press, 2018

Jeremiah Gridley (1702–1767) is considered “the greatest New England lawyer of his generation,” yet we know little about him. Most of his renown is a product of the fame of his students, most notably John Adams. Gridley deserves more. He was an active participant in the Writs of Assistance trial and the Stamp Act controversy, and as a leader of the Boston bar, an editor, speculator, legislator, and politician, his life touched and was touched by much that was integral to eighteenth-century Massachusetts.

The Last Great Colonial Lawyer presents a portrait of Gridley against the background of his times. Religious controversies enter into this narrative, as do colonial wars and the increasing strains with Great Britain, but Charles R. McKirdy also rescues from the footnotes of time subjects such as the smallpox epidemic of 1721 and the currency crisis of the 1740s. Because Gridley was above all a lawyer, the primary focus is on his cases, which illuminate in a unique and very human way attitudes regarding race, status, commerce, property, and power.

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cover of The Lawyer Myth: A Defense of the American Legal Profession

The Lawyer Myth

A Defense of the American Legal Profession

Frank T. Rennard and Read Stickland

Ohio University Press, 2008

Lawyers and the legal profession have become scapegoats for many of the problems of our age. In The Lawyer Myth: A Defense of the American Legal Profession, Rennard Strickland and Frank T. Read look behind current antilawyer media images to explore the historical role of lawyers as a balancing force in times of social, economic, and political change. One source of this disjunction of perception and reality, they find, is that American society has lost touch with the need for the lawyer’s skill and has come to blame unrelated social problems on the legal profession. This highly personal and impassioned book is their defense of lawyers and the rule of law in the United States. The Lawyer Myth confronts the hypocrisy of critics from both the right and the left who attempt to exploit popular misperceptions about lawyers and judges to further their own social and political agendas. By revealing the facts and reasoning behind the decisions in such cases as the infamous McDonald’s coffee spill, the authors provide a clear explanation of the operation of the law while addressing misconceptions about the number of lawsuits, runaway jury verdicts, and legal “technicalities” that turn criminals out on the street. Acknowledging that no system is perfect, the authors propose a slate of reforms for the bar, the judiciary, and law schools that will enable today’s lawyers—and tomorrow’s—to live up to the noble potential of their profession. Whether one thinks of lawyers as keepers of the springs of democracy, foot soldiers of the Constitution, architects and carpenters of commerce, umpires and field levelers, healers of the body politic, or simply bridge builders, The Lawyer Myth reminds us that lawyers are essential to American democracy.
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cover of The Lawyer's Myth: Reviving Ideals in the Legal Profession

The Lawyer's Myth

Reviving Ideals in the Legal Profession

Walter Bennett

University of Chicago Press, 2001

Lawyers today are in a moral crisis. The popular perception of the lawyer, both within the legal community and beyond, is no longer the Abe Lincoln of American mythology, but is often a greedy, cynical manipulator of access and power. In The Lawyer's Myth, Walter Bennett goes beyond the caricatures to explore the deeper causes of why lawyers are losing their profession and what it will take to bring it back.

Bennett draws on his experience as a lawyer, judge, and law teacher, as well as upon oral histories of lawyers and judges, in his exploration of how and why the legal profession has lost its ennobling mythology. Effectively using examples from history, philosophy, psychology, mythology, and literature, Bennett shows that the loss of professionalism is more than merely the emergence of win-at-all-cost strategies and a scramble for personal wealth. It is something more profound—a loss of professional community and soul. Bennett identifies the old heroic myths of American lawyers and shows how they informed the values of professionalism through the middle of the last century. He shows why, in our more diverse society, those myths are inadequate guides for today's lawyers. And he also discusses the profession's agony over its trickster image and demonstrates how that archetype is not only a psychological reality, but a necessary component of a vibrant professional mythology for lawyers.

At the heart of Bennett's eloquently written book is a call to reinvigorate the legal professional community. To do this, lawyers must revive their creative capacities and develop a meaningful, professional mythology—one based on a deeper understanding of professionalism and a broader, more compassionate ideal of justice.
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cover of The Letters and the Law: Legal and Literary Culture in Late Imperial Russia

The Letters and the Law

Legal and Literary Culture in Late Imperial Russia

Anna Schur

Northwestern University Press, 2022

The Letters and the Law explores the fraught relationship between writers and lawyers in the four decades following Alexander II’s judicial reforms. Nineteenth-century Russian literature abounds in negative images of lawyers and the law. Literary scholars have typically interpreted these representations either as the common, cross‑cultural critique of lawyerly unscrupulousness and greed or as an expression of Russian hostility toward Western legalism, seen as antithetical to traditional Russian values. The Letters and the Law is the first book to frame the conflict in terms of the two professions’ competition for cultural authority.
 
Anna Schur combines historical research and literary analysis to argue that the first generations of Russian trial lawyers shaped their professional identity with an eye to the celebrated figure of the writer and that they considered their own activities to be a form of verbal art. A fuller understanding of writers’ antipathy to the law, Schur contends, must take into account this overlooked cultural backdrop. Laced with the better‑known critique of the lawyer’s legalistic proclivities and lack of moral principle are the writer’s reactions to a whole network of explicit and implicit claims of similarity between the two professions’ goals, methods, and missions that were central to the lawyer’s professional ideal. Viewed in this light, writers’ critiques of the law and lawyers emerge as a concerted effort at protecting literature’s exclusive cultural status in the context of modernization and the rapidly expanding public sphere.
 
The study draws upon a mix of well-known and rarely studied nineteenth-century authors and texts—with particular attention paid to Fyodor Dostoevsky and Mikhail Saltykov-Shchedrin—and on a wide range of nonliterary sources, including courtroom speeches, guides to forensic oratory, legal treatises, and specialized press.
 
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cover of The Making of Lawyers' Careers: Inequality and Opportunity in the American Legal Profession

The Making of Lawyers' Careers

Inequality and Opportunity in the American Legal Profession

Robert L. Nelson, Ronit Dinovitzer, Bryant G. Garth, Joyce S. Sterling, David B. Wilkins, Meghan Dawe, and Ethan Michelson

University of Chicago Press, 2023

An unprecedented account of social stratification within the US legal profession.

How do race, class, gender, and law school status condition the career trajectories of lawyers? And how do professionals then navigate these parameters?

The Making of Lawyers’ Careers provides an unprecedented account of the last two decades of the legal profession in the US, offering a data-backed look at the structure of the profession and the inequalities that early-career lawyers face across race, gender, and class distinctions. Starting in 2000, the authors collected over 10,000 survey responses from more than 5,000 lawyers, following these lawyers through the first twenty years of their careers. They also interviewed more than two hundred lawyers and drew insights from their individual stories, contextualizing data with theory and close attention to the features of a market-driven legal profession.

Their findings show that lawyers’ careers both reflect and reproduce inequalities within society writ large. They also reveal how individuals exercise agency despite these constraints.

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cover of The McLaurys in Tombstone, Arizona: An O.K. Corral Obituary

The McLaurys in Tombstone, Arizona

An O.K. Corral Obituary

Paul Lee Johnson

University of North Texas Press, 2012

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cover of The Only Woman in the Room: The Norma Paulus Story

The Only Woman in the Room

The Norma Paulus Story

Norma Paulus

Oregon State University Press, 2017

Norma Petersen Paulus grew up Depression-poor in Eastern Oregon, survived a bout with polio in her teens, taught herself to be a legal secretary, and graduated from law school with honors despite not attending college first. Anyone with such a story would be remarkable, but she was just getting started.
 
Paulus came from a family of Roosevelt Democrats, but when a friend campaigned for a Republican seat in the state legislature, she switched parties. As she put it, “The Republicans were in politics for all the right reasons.” Amid the nationwide political upheavals of the late 1960s, Oregon’s Republicans, led by popular governor Tom McCall, seemed to be her kind of people—principled, pragmatic, and committed to education, the environment, and equality for all citizens under the law.
 
Paulus’s appointment by Governor McCall to the Marion-Polk Boundary Commission in 1969, a precursor to Oregon’s urban growth boundaries, helped launched her on a long and distinguished career of public service. She ran successfully for the Oregon House of Representatives in 1970, the first women to do so in the district. After three terms in the House, where she championed environmental causes, women’s rights and government transparency, she was elected Oregon’s Secretary of State in 1976—the first woman to hold that office and be elected to a statewide office in Oregon. She was the Republican candidate for governor in 1986, served a stint on the Northwest Power and Conservation Council, went on to become Oregon’s superintendent of public instruction, and headed the Oregon Historical Society.
 
During her years of public service, spanning the 1970s through the early 2000s, Norma Paulus occupied a distinctive niche in Oregon’s progressive political ecosystem. Her vivid personality and strong convictions endeared her to a broad swath of citizens. Beautiful and opinionated, charming and forceful, Paulus was widely covered in statewide and national newspapers and television during her eventful, sometimes controversial career. Now, The Only Woman in the Room sums up her life and work in a lively, anecdotal history that will appeal to historians, political scientists, newshounds, and ordinary citizens alike.
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cover of The Original Rush Limbaugh: Lawyer, Legislator, and Civil Libertarian

The Original Rush Limbaugh

Lawyer, Legislator, and Civil Libertarian

Dennis K. Boman

University of Missouri Press, 2012

            Born at the end of the nineteenth century into a farming family of modest means in southeastern Missouri, Rush Hudson Limbaugh Sr. led a distinguished professional life as an attorney, legislator, and special ambassadorial representative of the United States. Today his descendants benefit from his reputation for integrity and public-spiritedness as a lawyer and member of his community, a legacy that lives on in his family in the careers of two federal district court judges, Stephen Limbaugh Sr. and Jr., and David Limbaugh, a practicing attorney and a nationally known author and political commentator. Moreover, Limbaugh’s character and life has gained wider renown on the radio talk show of his grandson and namesake.
            In this biography, Dennis K. Boman recounts Limbaugh’s legal career, which spanned most of the twentieth century and included a number of important events in Missouri history. His legal prowess first came to wider public notice when he managed the impeachment trial of state treasurer Larry Brunk, who was accused of misconduct in office. Among his later achievements was presiding over the infamous 1935 case Ware vs. Muench, in which a young woman sued for the return of her infant son. The case gained widespread attention, and the daily courtroom proceedings were reported in detail by newspapers across the United States. His legal opinion in the case was widely quoted and upheld by the Supreme Court of Missouri.
            In the midst of the Great Depression, as a state legislator, although a member of the minority party, Limbaugh led the effort to pass significant legislation, including the more fair distribution of the state tax burden, the founding of the Missouri state highway patrol, and the construction of state roads. In the late 1950s, President Dwight D. Eisenhower appointed Limbaugh to represent the United States as a goodwill ambassador to India.
            As a respected lawyer, Limbaugh was selected to serve on different civil rights commissions. First a member of the American Bar Association’s Special Committee on the Bill of Rights, he later was appointed its chair. This committee investigated the circumstances of African Americans, especially in the South, and sought to find practical ways to end racial discrimination and segregation. Moreover, he served as a member of the Special Committee on Civil Rights and Social Unrest in 1964 and 1965, as well as a commissioner on the Missouri Commission on Human Rights and Responsibilities, which examined violations of civil rights and led to legislation to protect non-whites from discrimination.
            Boman conducted personal interviews with many members of the Limbaugh family, whose candid answers add invaluable insights into Limbaugh’s character and career. Boman delves into Limbaugh’s memoirs, family correspondence, and personal papers, as well as newspaper accounts, to chronicle the life of a man who served his state and country until his death at the age of 104.
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cover of The Politics of Patronage: Lawyers, Philanthropy, and the Mexican American Legal Defense and Educational Fund

The Politics of Patronage

Lawyers, Philanthropy, and the Mexican American Legal Defense and Educational Fund

By Benjamin Márquez

University of Texas Press, 2021

Co-winner, Latino Politics Best Book Award, American Political Science Association

The first book about the Mexican American Legal Defense and Educational Fund, the influential work it has done for the Latina/o community, and the issues stemming from its dependence on large philanthropic organizations.

Founded in 1968, the Mexican American Legal Defense and Educational Fund (MALDEF) is the Latino equivalent to the NAACP: a source of legal defense for the Latina/o community in cases centered on education, state immigration laws, redistricting, employment discrimination, and immigrant rights. Unlike the NAACP, however, MALDEF was founded by Mexican American activists in conjunction with the larger philanthropic structure of the Ford Foundation—a relationship that has opened it up to controversy and criticism.

In the first book to examine this little-known but highly influential organization, Benjamin Márquez explores MALDEF’s history and shows how it has thrived and served as a voice for the Latina/o community throughout its six decades of operation. But he also looks closely at large-scale investments of the Ford Foundation, Rockefeller Foundation, and others, considering how their ties to MALDEF have influenced Mexican American and Latinx politics. Its story crafted from copious research into MALDEF and its benefactors, this book brings to light the influence of outside funding on the articulation of minority identities and the problems that come with creating change through institutional means.

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cover of The Politics of Rights: Lawyers, Public Policy, and Political Change

The Politics of Rights

Lawyers, Public Policy, and Political Change

Stuart A. Scheingold

University of Michigan Press, 2004

Stuart A. Scheingold's landmark work introduced a new understanding of the contribution of rights to progressive social movements, and thirty years later it still stands as a pioneering and provocative work, bridging political science and sociolegal studies. In the preface to this new edition, the author provides a cogent analysis of the burgeoning scholarship that has been built on the foundations laid in his original volume. A new foreword from Malcolm Feeley of Berkeley's Boalt Hall School of Law traces the intellectual roots of The Politics of Rights to the classic texts of social theory and sociolegal studies.

"Scheingold presents a clear, thoughtful discussion of the ways in which rights can both empower and constrain those seeking change in American society. While much of the writing on rights is abstract and obscure, The Politics of Rights stands out as an accessible and engaging discussion."
-Gerald N. Rosenberg, University of Chicago

"This book has already exerted an enormous influence on two generations of scholars. It has had an enormous influence on political scientists, sociologists, and anthropologists, as well as historians and legal scholars. With this new edition, this influence is likely to continue for still more generations. The Politics of Rights has, I believe, become an American classic."
-Malcolm Feeley, Boalt Hall School of Law, University of California, Berkeley, from the foreword

Stuart A. Scheingold is Professor Emeritus of Political Science at the University of Washington.

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cover of The Rights Revolution: Lawyers, Activists, and Supreme Courts in Comparative Perspective

The Rights Revolution

Lawyers, Activists, and Supreme Courts in Comparative Perspective

Charles R. Epp

University of Chicago Press, 1998

It is well known that the scope of individual rights has expanded dramatically in the United States over the last half-century. Less well known is that other countries have experienced "rights revolutions" as well. Charles R. Epp argues that, far from being the fruit of an activist judiciary, the ascendancy of civil rights and liberties has rested on the democratization of access to the courts—the influence of advocacy groups, the establishment of governmental enforcement agencies, the growth of financial and legal resources for ordinary citizens, and the strategic planning of grass roots organizations. In other words, the shift in the rights of individuals is best understood as a "bottom up," rather than a "top down," phenomenon.

The Rights Revolution is the first comprehensive and comparative analysis of the growth of civil rights, examining the high courts of the United States, Britain, Canada, and India within their specific constitutional and cultural contexts. It brilliantly revises our understanding of the relationship between courts and social change.

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cover of The Rise and Fall of Morris Ernst, Free Speech Renegade

The Rise and Fall of Morris Ernst, Free Speech Renegade

Samantha Barbas

University of Chicago Press, 2021

A long-overdue biography of the legendary civil liberties lawyer—a vital and contrary figure who both defended Ulysses and fawned over J. Edgar Hoover.

In the 1930s and ’40s, Morris Ernst was one of America’s best-known liberal lawyers. The ACLU’s general counsel for decades, Ernst was renowned for his audacious fights against artistic censorship. He successfully defended Ulysses against obscenity charges, litigated groundbreaking reproductive rights cases, and supported the widespread expansion of protections for sexual expression, union organizing, and public speech. Yet Ernst was also a man of stark contradictions, waging a personal battle against Communism, defending an autocrat, and aligning himself with J. Edgar Hoover’s inflammatory crusades.

Arriving at a moment when issues of privacy, artistic freedom, and personal expression are freshly relevant, The Rise and Fall of Morris Ernst, Free Speech Renegade brings this singularly complex figure into a timely new light. As Samantha Barbas’s eloquent and compelling biography makes ironically clear, Ernst both transformed free speech in America and inflicted damage to the cause of civil liberties. Drawing on Ernst’s voluminous cache of publications and papers, Barbas follows the life of this singular idealist from his pugnacious early career to his legal triumphs of the 1930s and ’40s and his later idiosyncratic zealotry. As she shows, today’s challenges to free speech and the exercise of political power make Morris Ernst’s battles as pertinent as ever.
 
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cover of The Search for Justice: Lawyers in the Civil Rights Revolution, 1950–1975

The Search for Justice

Lawyers in the Civil Rights Revolution, 1950–1975

Peter Charles Hoffer

University of Chicago Press, 2019

The civil rights era was a time of pervasive change in American political and social life. Among the decisive forces driving change were lawyers, who wielded the power of law to resolve competing concepts of order and equality and, in the end, to hold out the promise of a new and better nation.
           
The Search for Justice is a look the role of the lawyers throughout the period, focusing on one of the central issues of the time: school segregation. The most notable participants to address this issue were the public interest lawyers of the NAACP’s Legal Defense Fund, whose counselors brought lawsuits and carried out appeals in state and federal courts over the course of twenty years. But also playing a part in the story were members of the bar who defended Jim Crow laws explicitly or implicitly and, in some cases, also served in state or federal government; lawyers who sat on state and federal benches and heard civil rights cases; and, finally, law professors who analyzed the reasoning of the courts in classrooms and public forums removed from the fray. With rich, copiously researched detail, Hoffer takes readers through the interactions of these groups, setting their activities not only in the context of the civil rights movement but also of their full political and legal legacies, including the growth of corporate private legal practice after World War II and the expansion of the role of law professors in public discourse, particularly with the New Deal. Seeing the civil rights era through the lens of law enables us to understand for the first time the many ways in which lawyers affected the course and outcome of the movement.
 
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cover of The Secret Lives of Citizens: Pursuing the Promise of American Life

The Secret Lives of Citizens

Pursuing the Promise of American Life

Thomas Geoghegan

University of Chicago Press, 2000

In this witty combination of memoir and observation, Thomas Geoghegan addresses the widespread cynicism about our government and explores what it means to be a "national" civil servant and a "local" citizen.

"This is unlike any public-policy book I've ever read: part Catcher in the Rye, part The Road to Wigan Pier, part The Federalist Papers, it is mesmerizing, rueful, painfully honest, and never, ever dull."—Nicholas Lemann, author of The Big Test

"Extraordinary. It has the essential trait of a memorable book, in that after reading it you look at daily life in a lastingly different way." —James Fallows, author of Breaking the News

"[Geoghegan] has written a book that is not only compelling to read but that provokes us to seriously reflect on the choices we make and how we spend our time." —Jonathan Coleman, Washington Post Book World

"Geoghegan's language is playful. . . . Personal reminiscence mixing with historical anecdote, dipping into complex themes . . . shifting from wistful nostalgia to dark comedy." —Robert B. Reich, New York Times Book Review

"A truly strange and wonderful book." — William Finnegan
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cover of The Women of CourtWatch: Reforming a Corrupt Family Court System

The Women of CourtWatch

Reforming a Corrupt Family Court System

By Carole Bell Ford

University of Texas Press, 2005

Houston was a terrible place to divorce or seek child custody in the 1980s and early 1990s. Family court judges routinely rendered verdicts that damaged the interests of women and children. In some especially shocking cases, they even granted custody to fathers who had been accused of molesting their own children. Yet despite persistent allegations of cronyism, incompetence, sexism, racism, bribery, and fraud, the judges wielded such political power and influence that removing them seemed all but impossible. The family court system was clearly broken, but there appeared to be no way to fix it.

This book recounts the inspiring and courageous story of women activists who came together to oppose Houston's family court judges and whose political action committee, CourtWatch, played a crucial role in defeating five of the judges in the 1994 judicial election. Carole Bell Ford draws on extensive interviews with Florence Kusnetz, the attorney who led the reform effort, and other CourtWatch veterans, as well as news accounts, to provide a full history of the formation, struggles, and successes of a women's grassroots organization that overcame powerful political interests to improve Houston's family courts. More than just a local story, however, this history of CourtWatch provides a model that can be used by activists in other communities in which legal and social institutions have gone astray. It also honors the heroism of Florence Kusnetz, whose commitment to the Jewish concept of tikkun olam ("repairing and improving the world") brought her out of a comfortable retirement to fight for justice for women and children.

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cover of Thomas Ewing Jr.: Frontier Lawyer and Civil War General

Thomas Ewing Jr.

Frontier Lawyer and Civil War General

Ronald D. Smith

University of Missouri Press, 2008

An Ohio family with roots in the South, the Ewings influenced the course of the Midwest for more than fifty years. Patriarch Thomas Ewing, a former Whig senator and cabinet member who made his fortune as a real estate lawyer, raised four major players in the nation’s history—including William Tecumseh “Cump” Sherman, taken into the family as a nine-year-old, who went on to marry his foster sister Ellen. Ronald D. Smith now tells of this extraordinary clan that played a role on the national stage through the illustrious career of one of its sons.
In Thomas Ewing Jr.: Frontier Lawyer and Civil War General, Smith introduces us to the Ewing family, little known except among scholars of Sherman, to show that Tom Jr. had a remarkable career of his own: first as a real estate lawyer, judge, soldier, and speculator in Kansas, then as a key figure in national politics. Smith takes readers back to Bleeding Kansas, with its border ruffians and land speculators, reconstructing the rough-and-tumble of its courtrooms to demonstrate that its turmoil was as much about claim-jumping as about slavery. He describes the seat-of-the-pants law practice in which Ewing worked with his brothers Hugh and Charlie and foster brother Cump. He then tells how Tom came to national prominence in the fight over the proslavery Lecompton Constitution, was instrumental in starting up the Union Pacific Railroad, and became the first chief justice of the Kansas Supreme Court.
Ewing obtained a commission in the Union Army—as did his brothers—and raised a regiment that saw significant action in Arkansas and Missouri. After William Quantrill’s raid on Lawrence, Kansas, he issued the dramatic General Order No. 11 that expelled residents from sections of western Missouri. Then this confidant of Abraham Lincoln’s went on to courageously defend three of the assassination conspirators—including the disingenuous Samuel Mudd—and lobbied the key vote to block the impeachment of Andrew Johnson.
Smith examines Ewing’s life in meticulous detail, mining family correspondence for informative quotes and digging deep into legal records to portray lawmaking on the frontier. And while Sherman has been the focus of most previous work on the Ewings, this book fills the gaps in an interlocking family of remarkable people—one that helped shape a nation’s development in its courtrooms and business suites. Thomas Ewing Jr.: Frontier Lawyer and Civil War General retells a chapter of Kansas history and opens up a panoramic view of antebellum America, the Civil War, Reconstruction, and the Gilded Age.
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cover of Thomas Goode Jones: Race, Politics, and Justice in the New South

Thomas Goode Jones

Race, Politics, and Justice in the New South

Brent J. Aucoin

University of Alabama Press, 2016

Thomas Goode Jones of Alabama is the first comprehensive biography of a key Alabama politician and federal jurist whose life and times embody the conflicts and transformations in the Deep South between the Civil War and World War I.
 
A man who both represented and differed from his class, Thomas Goode Jones offers contemporary readers and scholars an ideal subject of study to understand a period of southern history that still shapes American life today. Often overshadowed by the pharaonic antebellum period, the Civil War, and the luminous heights of the civil rights movement, the deceptively placid decades at the turn of the century were, in fact, a period when southerners fiercely debated the course of the South’s future. In tracing Jones’s career, Brent J. Aucoin offers vivid accounts of the great events and trends of that pivotal period: Reconstruction, the birth of the “Solid South,” the Populist Revolt, and the establishment of racial disenfranchisement and segregation.
 
Born in 1844, Jones served in the Confederate army and after the war identified as a conservative “Bourbon” Democrat. He served as Alabama's governor from 1890 to 1894 and as a federal judge from 1901 until his death in 1914. As a veteran, politician, and judge, Jones embodied numerous roles in the shifting political landscape of the South.
 
Jones was not, however, a reflexive conformist and sometimes pursued policies at odds with his party. Jones’s rhetoric and support of African American civil rights were exceptional and earned him truculent criticism from unrepentant racist factions in his party. His support was so fearless that it inspired Booker T. Washington to recommend Jones to Republican president Theodore Roosevelt as a federal judge. On the bench, Jones garnered national attention for his efforts to end peonage and lynching, and yet he also enabled the establishment of legalized segregation in Alabama, confounding attempts easily to categorize him as an odious reactionary or fearless progressive.
 

 

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cover of To Life: The Story of a Chicago Lawyer

To Life

The Story of a Chicago Lawyer

Elmer Gertz

Southern Illinois University Press, 1990

Elmer Gertz has defended famous people—including Henry Miller, Nathan Leopold, and Jack Ruby—and he has become famous in his own right through his struggle for civil liberties and personal rights.

Gertz has taken on a lengthy list of cases and causes over the six decades of his legal career. He fought successfully against the censorship of Henry Miller’s book Tropic of Cancer,which had been banned in Chicago for obscenity. He got Nathan Leopold released from prison after Leopold had served 34 years for his part in the death of 14-year-old Bobby Franks. An ardent foe of the death penalty, Gertz labored for years as part of a national team of lawyers that was finally able to overturn Jack Ruby’s death sentence for the murder of Lee Harvey Oswald. Gertz’s cases have helped make libel law in the nation.

For this edition, Gertz adds an afterword that covers the 15 years since the book’s first publication. Gertz talks of Henry Miller’s last days and his travels to the USSR on behalf of the Refuseniks.

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cover of Tournament of Lawyers: The Transformation of the Big Law Firm

Tournament of Lawyers

The Transformation of the Big Law Firm

Marc Galanter and Thomas Palay

University of Chicago Press, 1991

Tournament of Lawyers traces in detail the rise of one hundred of the nation's top firms in order to diagnose the health of the business of American law. Galanter and Palay demonstrate that much of the large firm's organizational success stems from its ability to blend the talents of experienced partners with those of energetic junior lawyers driven by a powerful incentive—the race to win "the promotion-to-partner tournament." This calmly reasoned study reveals, however, that the very causes of the spiraling growth of the large law firm may lead to its undoing.

"Galanter and Palay pose questions and offer some answers which are certain to change the way big firm practice is regarded. To describe their work as challenging is something of an understatement: they at times delight, stimulate, frustrate and even depress the reader, but they never disappoint. Tournament of Lawyers is essential to the understanding of the business of the big law firms."—Jean and Colin Fergus, New York Law Journal
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