460 books match the query 'Law and legislation' and 100 start with t

cover of The Long War on Drugs

The Long War on Drugs

Anne L. Foster

Duke University Press, 2023

Since the early twentieth century, the United States has led a global prohibition effort against certain drugs in which production restriction and criminalization are emphasized over prevention and treatment as means to reduce problematic usage. This “war on drugs” is widely seen to have failed, and periodically decriminalization and legalization movements arise. Debates continue over whether the problems of addiction and crime associated with illicit use of drugs stem from their illegal status or the nature of the drugs themselves. In The Long War on Drugs Anne L. Foster explores the origin of the punitive approach to drugs and its continued appeal despite its obvious flaws. She provides a comprehensive overview, focusing not only on a political history of policy developments but also on changes in medical practices and understanding of drugs. Foster also outlines the social and cultural changes prompting different attitudes about drugs; the racial, environmental, and social justice implications of particular drug policies; and the international consequences of US drug policy.
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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 Making of Tocqueville's America: Law and Association in the Early United States

The Making of Tocqueville's America

Law and Association in the Early United States

Kevin Butterfield

University of Chicago Press, 2015

Alexis de Tocqueville was among the first to draw attention to Americans’ propensity to form voluntary associations—and to join them with a fervor and frequency unmatched anywhere in the world. For nearly two centuries, we have sought to understand how and why early nineteenth-century Americans were, in Tocqueville’s words, “forever forming associations.” In The Making of Tocqueville’s America, Kevin Butterfield argues that to understand this, we need to first ask: what did membership really mean to the growing number of affiliated Americans?

Butterfield explains that the first generations of American citizens found in the concept of membership—in churches, fraternities, reform societies, labor unions, and private business corporations—a mechanism to balance the tension between collective action and personal autonomy, something they accomplished by emphasizing law and procedural fairness. As this post-Revolutionary procedural culture developed, so too did the legal substructure of American civil society. Tocqueville, then, was wrong to see associations as the training ground for democracy, where people learned to honor one another’s voices and perspectives. Rather, they were the training ground for something no less valuable to the success of the American democratic experiment: increasingly formal and legalistic relations among people.
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cover of The Marion Experiment: Long-Term Solitary Confinement and the Supermax Movement

The Marion Experiment

Long-Term Solitary Confinement and the Supermax Movement

Edited by Stephen C. Richards

Southern Illinois University Press, 2015

Taking readers into the darkness of solitary confinement, this searing collection of convict experiences, academic research, and policy recommendations shines a light on the proliferation of supermax (super-maximum-security) prisons and the detrimental effects of long-term high-security confinement on prisoners and their families.

Stephen C. Richards, an ex-convict who served time in nine federal prisons before earning his PhD in criminology, argues the supermax prison era began in 1983 at USP Marion in southern Illinois, where the first “control units” were built by the Federal Bureau of Prisons. The Marion Experiment, written from a convict criminology perspective, offers an introduction to long-term solitary confinement and supermax prisons, followed by a series of first-person accounts by prisoners—some of whom are scholars—previously or currently incarcerated in high-security facilities, including some of the roughest prisons in the western world. Scholars also address the widespread “Marionization” of solitary confinement; its impact on female, adolescent, and mentally ill prisoners and families; and international perspectives on imprisonment.

As a bold step toward rethinking supermax prisons, Richards presents the most comprehensive view of the topic to date to raise awareness of the negative aspects of long-term solitary confinement and the need to reevaluate how prisoners are housed and treated.

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cover of The Microsoft Case: Antitrust, High Technology, and Consumer Welfare

The Microsoft Case

Antitrust, High Technology, and Consumer Welfare

William H. Page and John E. Lopatka

University of Chicago Press, 2007

In 1998, the United States Department of Justice and state antitrust agencies charged that Microsoft was monopolizing the market for personal computer operating systems.  More than ten years later, the case is still the defining antitrust litigation of our era.  William H. Page and John E. Lopatka’s The Microsoft Case contributes to the debate over the future of antitrust policy by examining the implications of the litigation from the perspective of consumer welfare. 

The authors trace the development of the case from its conceptual origins through the trial and the key decisions on both liability and remedies.  They argue that, at critical points, the legal system failed consumers by overrating government’s ability to influence outcomes in a dynamic market. This ambitious book is essential reading for business, law, and economics scholars as well as anyone else interested in the ways that technology, economics, and antitrust law have interacted in the digital age.

“This book will become the gold standard for analysis of the monopolization cases against Microsoft. . . . No serious student of law or economic policy should go without reading it.”—Thomas C. Arthur, Emory University

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cover of The Militia and the Right to Arms, or, How the Second Amendment Fell Silent

The Militia and the Right to Arms, or, How the Second Amendment Fell Silent

H. Richard Uviller and William G. Merkel

Duke University Press, 2002

"A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed."
—Amendment II, United States Constitution

The Second Amendment is regularly invoked by opponents of gun control, but H. Richard Uviller and William G. Merkel argue the amendment has nothing to contribute to debates over private access to firearms. In The Militia and the Right to Arms, or, How the Second Amendment Fell Silent, Uviller and Merkel show how postratification history has sapped the Second Amendment of its meaning. Starting with a detailed examination of the political principles of the founders, the authors build the case that the amendment's second clause (declaring the right to bear arms) depends entirely on the premise set out in the amendment's first clause (stating that a well-regulated militia is necessary to the security of a free state). The authors demonstrate that the militia envisioned by the framers of the Bill of Rights in 1789 has long since disappeared from the American scene, leaving no lineal descendants. The constitutional right to bear arms, Uviller and Merkel conclude, has evaporated along with the universal militia of the eighteenth century.

Using records from the founding era, Uviller and Merkel explain that the Second Amendment was motivated by a deep fear of standing armies. To guard against the debilitating effects of militarism, and against the ultimate danger of a would-be Caesar at the head of a great professional army, the founders sought to guarantee the existence of well-trained, self-armed, locally commanded citizen militia, in which service was compulsory. By its very existence, this militia would obviate the need for a large and dangerous regular army. But as Uviller and Merkel describe the gradual rise of the United States Army and the National Guard over the last two hundred years, they highlight the nation's abandonment of the militia ideal so dear to the framers. The authors discuss issues of constitutional interpretation in light of radically changed social circumstances and contrast their position with the arguments of a diverse group of constitutional scholars including Sanford Levinson, Carl Bogus, William Van Alstyne, and Akhil Reed Amar.  

Espousing a centrist position in the polarized arena of Second Amendment interpretation, this book will appeal to those wanting to know more about the amendment's relevance to the issue of gun control, as well as to those interested in the constitutional and political context of America's military history.

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cover of The Mind of the Slave: The Limits of Ownership in Roman Law and Society

The Mind of the Slave

The Limits of Ownership in Roman Law and Society

Nicole J. Giannella

University of Michigan Press, 2026

The Mind of the Slave untangles the double nature of slaves as property and as human beings under the law in the Roman world. As human beings, slaves had free will and legally recognized autonomy while acting for their owner. Although their autonomy was fundamental to the Roman economy, it had the potential to lead to insecurity in the day-to-day experiences of the owner and enslaved person. Will an enslaved agent decide to act in the best interest of their owner? To sell their secrets? To run away? These moments of insecurity are the subject of this book; they reveal an owner’s struggle to know the mind of the slave and to reconcile ownership over a reasoning, emotional, and purposive human being. Nicole J. Giannella argues that this reliance on the mind of the slave reveals fault lines in the ownership of the enslaved. This is where we can glimpse beyond the trappings of law and see the need for negotiation, incentives, and ultimately, the trust that the owner puts in their slave. 

In order to place Roman jurists in conversation with both technical and literary sources, Giannella grounds this study in philology and argues that conceptions of the mind of the slave were at the heart of legal and cultural debates about the nature of slavery and ownership. It also contributes to a wider debate about selfhood and autonomy, since philosophers often used the figure of the slave as a representation of humanity as its limits.
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cover of The Moral Conflict of Law and Neuroscience

The Moral Conflict of Law and Neuroscience

Peter A. Alces

University of Chicago Press, 2018

Law relies on a conception of human agency, the idea that humans are capable of making their own choices and are morally responsible for the consequences. But what if that is not the case? Over the past half century, the story of the law has been one of increased acuity concerning the human condition, especially the workings of the brain. The law already considers select cognitive realities in evaluating questions of agency and responsibility, such as age, sanity, and emotional distress. As new neuroscientific research comprehensively calls into question the very idea of free will, how should the law respond to this revised understanding?
           
Peter A. Alces considers where and how the law currently fails to appreciate the neuroscientific revelation that humans may in key ways lack normative free will—and therefore moral responsibility. The most accessible setting in which to consider the potential impact of neuroscience is criminal law, as certain aspects of criminal law already reveal the naiveté of most normative reasoning, such as the inconsistent treatment of people with equally disadvantageous cognitive deficits, whether congenital or acquired. But tort and contract law also assume a flawed conception of human agency and responsibility. Alces reveals the internal contradictions of extant legal doctrine and concludes by considering what would be involved in constructing novel legal regimes based on emerging neuroscientific insights.
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cover of The New Politics of Pornography

The New Politics of Pornography

Donald Alexander Downs

University of Chicago Press, 1989

Fresh empirical evidence of pornography's negative effects and the resurgence of feminist and conservative critiques have caused local, state, and federal officials to reassess the pornography issue. In The New Politics of Pornography, Donald Alexander Downs explores the contemporary antipornography movement and addresses difficult questions about the limits of free speech. Drawing on official transcripts and extensive interviews, Downs recreates and analyzes landmark cases in Minneapolis and Indianapolis. He argues persuasively that both conservative and liberal camps are often characterized by extreme intolerance which hampers open policy debate and may ultimately threaten our modern doctrine of free speech. Downs concludes with a balanced and nuanced discussion of what First Amendment protections pornography should be afforded. This provocative and interdisciplinary work will interest students of political science, women's studies, civil liberties, and constitutional law.
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cover of The Noise Silence Makes: Secularity and Ghana's Drum Wars

The Noise Silence Makes

Secularity and Ghana's Drum Wars

Mariam Goshadze

Duke University Press, 2025

For generations, the Ga community in Accra, Ghana, has enforced an annual citywide ban on noisemaking during an important religious festival. In the 1990s and 2000s, this “ban on drumming” became a point of conflict between the Ga people and the newly popular Pentecostal/Charismatic churches, which refused to subdue their loud worship during the ban. Although the Ghanaian state constitutionally and institutionally grants superior status to Christianity and Islam, it ruled in favor of the Ga community, which emphasized its “cultural” rather than religious rights. In The Noise Silence Makes, Mariam Goshadze traces the history of noise regulation in Accra, showing how the Ga people have adopted colonial mechanisms of noise control to counter Pentecostal/Charismatic dominance over Accra’s soundscape. Goshadze shows how the drumming ban represents a reversal of the top-down model of noise regulation and illuminates the reality of Ghanaian secularity, in which the state unofficially collaborates with indigenous religious authorities to control sound. In so doing, Goshadze counters the tendency to push African “traditional religions” to the margins, demonstrating that they are instrumental players in contemporary African urbanity.
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cover of The Paradox of Protection: The Making of Indirect Rule in Southern Sierra Leone, 1850–1915

The Paradox of Protection

The Making of Indirect Rule in Southern Sierra Leone, 1850–1915

Trina Leah Hogg

Michigan State University Press, 2025

The Paradox of Protection: The Making of Indirect Rule in Southern Sierra Leone, 1850–1915 charts the history of protection to tell a new story about indirect rule in West Africa. Protection emerged as one of the central concepts through which Africans and Britons negotiated over law and economy in decades spanning informal and formal rule. Hogg shows how British protection schemes, an assemblage of written and unwritten legal strategies to safeguard British subjects and trade routes, created an unexpected legacy of insecurity by limiting and criminalizing traditional security measures. Tracing the history of the politics of protection reveals how African leaders who sought British alliances in their own long-standing disputes became increasingly vulnerable to physical and juridical violence. In the Protectorate, new forums like chieftaincy elections and criminal courts—common features of indirect rule—became spaces for Africans to assert claims to land and construct legitimacy. This book reveals how long-standing negotiations over protection shaped an unstable framework of colonial law and rule well into the twentieth century.
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cover of The Piracy Crusade: How the Music Industry's War on Sharing Destroys Markets and Erodes Civil Liberties

The Piracy Crusade

How the Music Industry's War on Sharing Destroys Markets and Erodes Civil Liberties

Aram Sinnreich

University of Massachusetts Press, 2013

In the decade and a half since Napster first emerged, forever changing the face of digital culture, the claim that “internet pirates killed the music industry” has become so ubiquitous that it is treated as common knowledge. Piracy is a scourge on legitimate businesses and hard-working artists, we are told, a “cybercrime” similar to identity fraud or even terrorism. 

In The Piracy Crusade, Aram Sinnreich critiques the notion of “piracy” as a myth perpetuated by today's cultural cartels—the handful of companies that dominate the film, software, and especially music industries. As digital networks have permeated our social environment, they have offered vast numbers of people the opportunity to experiment with innovative cultural and entrepreneurial ideas predicated on the belief that information should be shared widely. This has left the media cartels, whose power has historically resided in their ability to restrict the flow of cultural information, with difficult choices: adapt to this new environment, fight the changes tooth and nail, or accept obsolescence. Their decision to fight has resulted in ever stronger copyright laws and the aggressive pursuit of accused infringers.

Yet the most dangerous legacy of this “piracy crusade” is not the damage inflicted on promising start-ups or on well-intentioned civilians caught in the crosshairs of file-sharing litigation. Far more troubling, Sinnreich argues, are the broader implications of copyright laws and global treaties that sacrifice free speech and privacy in the name of combating the phantom of piracy—policies that threaten to undermine the foundations of democratic society.

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cover of The Political Economy of Artificial Intelligence

The Political Economy of Artificial Intelligence

Edited by Ajay Agrawal, Joshua Gans, Avi Goldfarb, and Catherine E. Tucker

University of Chicago Press, 2026

An authoritative look at how artificial intelligence both shapes and is shaped by the political and economic forces of the modern world.

As the effects of artificial intelligence are felt across economies and societies, many of its ramifications are still emerging. This volume brings together economists and political scientists to examine how AI intersects with regulation, military power, and political identity—offering analytical frameworks and identifying key open questions for future research.

The contributions address topics such as the allocation of property rights for AI inputs, trade-offs among alternative regulatory regimes, and the role of interest groups in shaping the technology’s trajectory. They explore how AI-related capabilities influence military effectiveness, resource allocation, and bargaining power among nations, and consider AI’s effects on political preferences, from the influence of AI-curated information on polarization to the implications of targeted political advertising and personalized education for national identity formation. The volume highlights key trade-offs that arise in AI’s political economy, and points toward empirical strategies and theoretical models that can advance understanding in this emerging field.

Drawing on diverse disciplinary perspectives, the collection provides a foundation for rigorous inquiry into how AI both shapes and is shaped by political and economic forces.

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cover of The Politics of Fiscal Privilege in Provence, 1530s-1830s

The Politics of Fiscal Privilege in Provence, 1530s-1830s

Rafe Blaufarb

Catholic University of America Press, 2012

Rafe Blaufarb examines the interwoven problems of taxation and social privilege in this treatment of the contention over fiscal privilege between the seigneurial nobility and the tax-payers of Provence
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cover of The Politics of Purity: Harvey Washington Wiley and the Origins of Federal Food Policy

The Politics of Purity

Harvey Washington Wiley and the Origins of Federal Food Policy

Clayton A. Coppin and Jack High

University of Michigan Press, 1999

Spearheaded by Harvey Washington Wiley, the Pure Food and Drugs Act of 1906 launched the federal regulation of food and drugs in the United States. Wiley is often lauded as a champion of public interest for bringing about a law that required healthful ingredients and honest labeling. Clayton Coppin and Jack High demonstrate, however, that Wiley was in fact surreptitiously allied with business firms that would benefit from regulation and moreover, that the law would help him build his government agency, the Federal Bureau of Chemistry.
Coppin and High discuss such issues as Wiley's efforts to assign the law's enforcement to his own bureau. They go on to expose the selectivity of Wiley's enforcement of the law, in which he manipulated commercial competition in order to reward firms that supported him and penalize those that opposed him. By examining the history of the law's movement, the authors show that, rather than acting in the public interest, Wiley used the Pure Food and Drugs Act to further his own power and success. Finally, they analyze government regulation itself as the outcome of two distinct competitive processes, one that takes place in the market, the other in the polity.
The book will interest scholars concerned with government regulation, including those in economics, political science, history, and business.
Clayton Coppin is a management consultant and historian, Koch Industries, Wichita. Jack High is Professor of Economics, George Mason University.
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cover of The Politics of Staying Put: Condo Conversion and Tenant Right-to-Buy in Washington, DC

The Politics of Staying Put

Condo Conversion and Tenant Right-to-Buy in Washington, DC

Carolyn Gallaher

Temple University Press, 2016

When cities gentrify, it can be hard for working-class and low-income residents to stay put. Rising rents and property taxes make buildings unaffordable, or landlords may sell buildings to investors interested in redeveloping them into luxury condos. 

In her engaging study The Politics of Staying Put, Carolyn Gallaher focuses on a formal, city-sponsored initiative—The Tenant Opportunity to Purchase Act (TOPA)—that helps people keep their homes. This law, unique to the District of Columbia, allows tenants in apartment buildings contracted for sale the right to refuse the sale and purchase the building instead. In the hands of tenants, a process that would usually hurt them—conversion to a condominium or cooperative—can instead help them.  

Taking a broad, city-wide assessment of TOPA, Gallaher follows seven buildings through the program’s process. She measures the law’s level of success and its constraints. Her findingshave relevance for debates in urban affairs about condo conversion, urban local autonomy, and displacement. 

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cover of The Poverty Law Canon: Exploring the Major Cases

The Poverty Law Canon

Exploring the Major Cases

Marie A. Failinger and Ezra Rosser, Editors

University of Michigan Press, 2016

The Poverty Law Canon takes readers into the lives of the clients and lawyers who brought critical poverty law cases in the United States. These cases involved attempts to establish the right to basic necessities, as well as efforts to ensure dignified treatment of welfare recipients and to halt administrative attacks on federal program benefit levels. They also confronted government efforts to constrict access to justice, due process, and rights to counsel in child support and consumer cases, social welfare programs, and public housing. By exploring the personal narratives that gave rise to these lawsuits as well as the behind-the-scenes dynamics of the Supreme Court, the text locates these cases within the social dynamics that shaped the course of litigation.
 
Noted legal scholars explain the legal precedent created by each case and set the case within its historical and political context in a way that will assist students and advocates in poverty-related disciplines in their understanding of the implications of these cases for contemporary public policy decisions in poverty programs. Whether the focus is on the clients, on the lawyers, or on the justices, the stories in The Poverty Law Canon illuminate the central legal themes in federal poverty law of the late 20th century and the role that racial and economic stereotyping plays in shaping American law.
 
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cover of The Powers of War and Peace: The Constitution and Foreign Affairs after 9/11

The Powers of War and Peace

The Constitution and Foreign Affairs after 9/11

John Yoo

University of Chicago Press, 2005

Since the September 11 attacks on the United States, the Bush administration has come under fire for its methods of combating terrorism. Waging war against al Qaeda has proven to be a legal quagmire, with critics claiming that the administration's response in Afghanistan and Iraq is unconstitutional. The war on terror—and, in a larger sense, the administration's decision to withdraw from the ABM Treaty and the Kyoto accords—has many wondering whether the constitutional framework for making foreign affairs decisions has been discarded by the present administration.

John Yoo, formerly a lawyer in the Department of Justice, here makes the case for a completely new approach to understanding what the Constitution says about foreign affairs, particularly the powers of war and peace. Looking to American history, Yoo points out that from Truman and Korea to Clinton's intervention in Kosovo, American presidents have had to act decisively on the world stage without a declaration of war. They are able to do so, Yoo argues, because the Constitution grants the president, Congress, and the courts very different powers, requiring them to negotiate the country's foreign policy. Yoo roots his controversial analysis in a brilliant reconstruction of the original understanding of the foreign affairs power and supplements it with arguments based on constitutional text, structure, and history.

Accessibly blending historical arguments with current policy debates, The Powers of War and Peace will no doubt be hotly debated. And while the questions it addresses are as old and fundamental as the Constitution itself, America's response to the September 11 attacks has renewed them with even greater force and urgency.

“Can the president of the United States do whatever he likes in wartime without oversight from Congress or the courts? This year, the issue came to a head as the Bush administration struggled to maintain its aggressive approach to the detention and interrogation of suspected enemy combatants in the war on terrorism. But this was also the year that the administration’s claims about presidential supremacy received their most sustained intellectual defense [in] The Powers of War and Peace.”—Jeffrey Rosen, New York Times

“Yoo’s theory promotes frank discussion of the national interest and makes it harder for politicians to parade policy conflicts as constitutional crises. Most important, Yoo’s approach offers a way to renew our political system’s democratic vigor.”—David B. Rivkin Jr. and Carlos Ramos-Mrosovsky, National Review

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cover of The Public Trust and the First Americans

The Public Trust and the First Americans

Ruthann Knudson

Oregon State University Press, 1995

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cover of The Punishment of Pirates: Interpretation and Institutional Order in the Early Modern British Empire

The Punishment of Pirates

Interpretation and Institutional Order in the Early Modern British Empire

Matthew Norton

University of Chicago Press, 2023

A sociological investigation into maritime state power told through an exploration of how the British Empire policed piracy.
 
Early in the seventeenth-century boom of seafaring, piracy allowed many enterprising and lawless men to make fortunes on the high seas, due in no small part to the lack of policing by the British crown. But as the British empire grew from being a collection of far-flung territories into a consolidated economic and political enterprise dependent on long-distance trade, pirates increasingly became a destabilizing threat. This development is traced by sociologist Matthew Norton in The Punishment of Pirates, taking the reader on an exciting journey through the shifting legal status of pirates in the seventeenth and eighteenth centuries.
 
Norton shows us that eliminating this threat required an institutional shift: first identifying and defining piracy, and then brutally policing it. The Punishment of Pirates develops a new framework for understanding the cultural mechanisms involved in dividing, classifying, and constructing institutional order by tracing the transformation of piracy from a situation of cultivated ambiguity to a criminal category with violently patrolled boundaries—ending with its eradication as a systemic threat to trade in the English Empire. Replete with gun battles, executions, jailbreaks, and courtroom dramas, Norton’s book offers insights for social theorists, political scientists, and historians alike.
 
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cover of The Pursuit of Racial and Ethnic Equality in American Public Schools: Mendez, Brown, and Beyond

The Pursuit of Racial and Ethnic Equality in American Public Schools

Mendez, Brown, and Beyond

Kristi L. Bowman

Michigan State University Press, 2015

In 1954 the Supreme Court decided Brown v. Board of Education; ten years later, Congress enacted the Civil Rights Act. These monumental changes in American law dramatically expanded educational opportunities for racial and ethnic minority children across the country. They also changed the experiences of white children, who have learned in increasingly diverse classrooms. The authors of this commemorative volume include leading scholars in law, education, and public policy, as well as important historical figures. Taken together, the chapters trace the narrative arc of school desegregation in the United States, beginning in California in the 1940s, continuing through Brown v. Board, the Civil Rights Act, and three important Supreme Court decisions about school desegregation and voluntary integration in 1974, 1995, and 2007. The authors also assess the status of racial and ethnic equality in education today and consider the viability of future legal and policy reform in pursuit of the goals of Brown v. Board. This remarkable collection of voices in conversation with one another lays the groundwork for future discussions about the relationship between law and educational equality, and ultimately for the creation of new public policy. A valuable reference for scholars and students alike, this dynamic text is an important contribution to the literature by an outstanding group of authors.
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cover of The Right To Privacy: Gays, Lesbians, and the Constitution

The Right To Privacy

Gays, Lesbians, and the Constitution

Vincent J. Samar

Temple University Press, 1992

Where did the right to privacy come from and what does it mean? Grappling with the critical issues involving women and gays that relate to the recent Supreme Court appointment, Vincent J. Samar develops a definition of legal privacy, discusses the reasons why and the degree to which privacy should be protected, and shows the relationship between privacy and personal autonomy. He answers former Supreme Court nominee Robert Bork’s questions about scope, content, and legal justification for a general right to privacy and emphasizes issues involving gays and lesbians, Samar maintains that these privacy issues share a common constitutional-ethical underpinning with issues such as abortion, surrogate motherhood, drug testing, and the right to die.

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cover of The Right to Die with Dignity: An Argument in Ethics, Medicine, and Law

The Right to Die with Dignity

An Argument in Ethics, Medicine, and Law

Cohen-Almagor, Raphael

Rutgers University Press, 2001

There are few issues more divisive than what has become known as “the right to die.” One camp upholds “death with dignity,” regarding the terminally ill as autonomous beings capable of forming their own judgment on the timing and process of dying. The other camp advocates “sanctity of life,” regarding life as intrinsically valuable, and that should be sustained as long as possible. Is there a right answer?

Raphael Cohen-Almagor takes a balanced approach in analyzing this emotionally charged debate, viewing the dispute from public policy and international perspectives. He offers an interdisciplinary, compelling study in medicine, law, religion, and ethics. It is a comprehensive look at the troubling question of whether physician-assisted suicide should be allowed. Cohen-Almagor delineates a distinction between active and passive euthanasia and discusses legal measures that have been invoked in the United States and abroad. He outlines reasons non-blood relatives should be given a role in deciding a patient’s last wishes. As he examines euthanasia policies in the Netherlands and the 1994 Oregon Death with Dignity Act, the author suggests amendments and finally makes a circumscribed plea for voluntary physician-assisted suicide.

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cover of The Rise and Fall of America's Concentration Camp Law: Civil Liberties Debates from the Internment to McCarthyism and the Radical 1960s

The Rise and Fall of America's Concentration Camp Law

Civil Liberties Debates from the Internment to McCarthyism and the Radical 1960s

Masumi Izumi

Temple University Press, 2019

The Emergency Detention Act, Title II of the Internal Security Act of 1950, is the only law in American history to legalize preventive detention. It restricted the freedom of a certain individual or a group of individuals based on actions that may be taken that would threaten the security of a nation or of a particular area. Yet the Act was never enforced before it was repealed in 1971.

Masumi Izumi links the Emergency Detention Act with Japanese American wartime incarceration in her cogent study, The Rise and Fall of America’s Concentration Camp Law. She dissects the entangled discourses of race, national security, and civil liberties between 1941 and 1971 by examining how this historical precedent generated “the concentration camp law” and expanded a ubiquitous regime of surveillance in McCarthyist America. 

Izumi also shows how political radicalism grew as a result of these laws. Japanese Americas were instrumental in forming grassroots social movements that worked to repeal Title II. The Rise and Fall of America’s Concentration Camp Law is a timely study in this age of insecurity where issues of immigration, race, and exclusion persist.

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cover of The Road to Love Canal: Managing Industrial Waste before EPA

The Road to Love Canal

Managing Industrial Waste before EPA

By Craig E. Colten and Peter N. Skinner

University of Texas Press, 1995

The toxic legacy of Love Canal vividly brought the crisis in industrial waste disposal to public awareness across the United States and led to the passage of the Superfund legislation in 1980. To discover why disasters like Love Canal have occurred and whether they could have been averted with knowledge available to waste managers of the time, this book examines industrial waste disposal before the formation of the Environmental Protection Agency in 1970.

Colten and Skinner build their study around three key questions. First, what was known before 1970 about the hazards of certain industrial wastes and their potential for causing public health problems? Second, what were the technical capabilities for treating or containing wastes during that time? And third, what factors other than technical knowledge guided the actions of waste managers before the enactment of explicit federal laws?

The authors find that significant information about the hazards of industrial wastes existed before 1970. Their explanations of why this knowledge did not prevent the toxic legacy now facing us will be essential reading for environmental historians and lawyers, public health personnel, and concerned citizens.

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cover of The Rule of Law After Artificial Intelligence: Automated Narratives

The Rule of Law After Artificial Intelligence

Automated Narratives

Katie Szilagyi

University of Chicago Press, 2026

A timely investigation of what is at stake when AI takes legal decision-making out of human hands.

Artificial intelligence is proliferating in many professions, and the legal field is no exception. In The Rule of Law After Artificial Intelligence, Katie Szilagyi investigates the philosophical and practical implications of using AI in legal spaces, beginning with several fundamental questions: What is the law supposed to do, and from where does it derive its authority? Would law still achieve these aims if automated? How might automation affect the rule of law’s integrity and democratic institutions’ operations?

Blending legal philosophy, applied case studies, and insights from both critical legal scholarship and science and technology studies, Szilagyi argues that law and storytelling are deeply connected. Through creating and contesting the law, we make sense of the information around us and generate narratives about our collective world. These narratives are not static: legal precedent evolves, and legal deliberation on hard cases can help to resolve unclear or unprecedented social issues.

Szilagyi demonstrates that technological innovations make the rule of law vulnerable because large language models and machine learning undermine the visioning function of legal narratives, collapsing exercises of legal interpretation into mere administration. Datafication of law—built on the biased data of our cultural past—threatens longstanding legal ideals, lessens the constraints against abuses of power by private actors, and hamstrings society’s ability to reach a more egalitarian future. Szilagyi argues instead for centering narratives within the law and, in turn, rediscovering the tales the law tells us about who we are.

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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 Second Amendment on Trial: Critical Essays on District of Columbia v. Heller

The Second Amendment on Trial

Critical Essays on District of Columbia v. Heller

Saul A. Cornell

University of Massachusetts Press, 2013

On the final day of its 2008 term, a sharply divided U.S. Supreme Court issued a 5-to-4 decision striking down the District of Columbia's stringent gun control laws as a violation of the Second Amendment. Reversing almost seventy years of settled precedent, the high court reinterpreted the meaning of the “right of the people to keep and bear arms” to affirm an individual right to own a gun in the home for purposes of self-defense. The landmark ruling not only opened a new chapter in the contentious history of gun rights and gun control but also revealed both the strengths and problems of originalist constitutional theory and jurisprudence.

This volume brings together some of the best scholarship on the Heller case, with essays by legal scholars and historians representing a range of ideological viewpoints and applying different interpretive frameworks. Following the editors' introduction, which describes the issues involved and the arguments on each side, the essays are organized into four sections. The first includes two of the most important historical briefs filed in the case, while the second offers different views of the role of originalist theory. Section three presents opposing interpretations of the ruling and its relationship to modern constitutional doctrine. The final section explores historical research post-Heller, including new findings on patterns of gun ownership in colonial and Revolutionary America. 

In addition to the editors, contributors include Nelson Lund, Joyce Lee Malcolm, Jack Rakove, Reva B. Siegel, Cass R. Sunstein, Kevin M. Sweeney, and J. Harvie Wilkinson III.

[more]
cover of The Sounding of the Whale: Science and Cetaceans in the Twentieth Century

The Sounding of the Whale

Science and Cetaceans in the Twentieth Century

D. Graham Burnett

University of Chicago Press, 2011

From the Bible’s “Canst thou raise leviathan with a hook?” to Captain Ahab’s “From Hell’s heart I stab at thee!,” from the trials of Job to the legends of Sinbad, whales have breached in the human imagination as looming figures of terror, power, confusion, and mystery.

In the twentieth century, however, our understanding of and relationship to these superlatives of creation underwent some astonishing changes, and with The Sounding of the Whale, D. Graham Burnett tells the fascinating story of the transformation of cetaceans from grotesque monsters, useful only as wallowing kegs of fat and fertilizer, to playful friends of humanity, bellwethers of environmental devastation, and, finally, totems of the counterculture in the Age of Aquarius. When Burnett opens his story, ignorance reigns: even Nature was misclassifying whales at the turn of the century, and the only biological study of the species was happening in gruesome Arctic slaughterhouses. But in the aftermath of World War I, an international effort to bring rational regulations to the whaling industry led to an explosion of global research—and regulations that, while well-meaning, were quashed, or widely flouted, by whaling nations, the first shot in a battle that continues to this day. The book closes with a look at the remarkable shift in public attitudes toward whales that began in the 1960s, as environmental concerns and new discoveries about whale behavior combined to make whales an object of sentimental concern and public adulation.

A sweeping history, grounded in nearly a decade of research, The Sounding of the Whale tells a remarkable story of how science, politics, and simple human wonder intertwined to transform the way we see these behemoths from below.

[more]
cover of The Story of Act 31: How Native History Came to Wisconsin Classrooms

The Story of Act 31

How Native History Came to Wisconsin Classrooms

J P Leary

Wisconsin Historical Society Press, 2018

From forward-thinking resolution to violent controversy and beyond.  

Since its passage in 1989, a state law known as Act 31 requires that all students in Wisconsin learn about the history, culture, and tribal sovereignty of Wisconsin’s federally recognized tribes. 

The Story of Act 31 tells the story of the law’s inception—tracing its origins to a court decision in 1983 that affirmed American Indian hunting and fishing treaty rights in Wisconsin, and to the violent public outcry that followed the court’s decision. Author J P Leary paints a picture of controversy stemming from past policy decisions that denied generations of Wisconsin students the opportunity to learn about tribal history. 
 
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cover of The Supreme Court and the NCAA: The Case for Less Commercialism and More Due Process in College Sports

The Supreme Court and the NCAA

The Case for Less Commercialism and More Due Process in College Sports

Brian L. Porto

University of Michigan Press, 2013

Two Supreme Court decisions, NCAA v. Board of Regents (1984) and NCAA v. Tarkanian (1988), have shaped college sports by permitting the emergence of a supercharged commercial enterprise with high financial stakes for institutions and individuals, while failing to guarantee adequate procedural protections for persons charged with wrongdoing within that enterprise. Brian L. Porto examines the conditions that led to the cases, the reasoning behind the justices' rulings, and the consequences of those rulings.

Arguing that commercialized college sports should be compatible with the goals of higher education and fair to all participants, Porto suggests that the remedy is a federal statute. His proposed College Sports Legal Reform Act would grant the NCAA a limited "educational exemption" from the antitrust laws, enabling it to enhance academic opportunities for athletes. The Act would also afford greater procedural protections to accused parties in NCAA disciplinary proceedings. Porto's prescription for reform in college sports makes a significant contribution to the debate about how best to address perennial problems in college sports such as cost containment, access to a meaningful education for athletes, and fairness in rule enforcement.

[more]
cover of The Supreme Court and the Press: The Indispensable Conflict

The Supreme Court and the Press

The Indispensable Conflict

Joe Mathewson

Northwestern University Press, 2011

Although theirs has been a contentious relationship, Joe Mathewson shows that, since the framing of the Constitution, the Supreme Court has needed the press to educate the public about its actions, just as the press has depended on the Supreme Court to ensure the freedoms that give it life. The Court ignored the First Amendment for more than a century and then trampled it, but since the 1960s it has tended to uphold the rights of the press in the face of opposition, that coming from the Executive Branch. Still, the Court has repeatedly failed to fully inform the public of its decisions. Even today the Court permits only limited access to its audio tapes of oral arguments, and it famously refuses to allow television cameras into the courtroom. Mathewson argues that if the Supreme Court wants to maintain its legitimacy and authority in the internet age it must allow broader access for the press.
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cover of The Sympathetic State: Disaster Relief and the Origins of the American Welfare State

The Sympathetic State

Disaster Relief and the Origins of the American Welfare State

Michele Landis Dauber

University of Chicago Press, 2012

Even as unemployment rates soared during the Great Depression, FDR’s relief and social security programs faced attacks in Congress and the courts on the legitimacy of federal aid to the growing population of poor. In response, New Dealers pointed to a long tradition—dating back to 1790 and now largely forgotten—of federal aid to victims of disaster. In The Sympathetic State, Michele Landis Dauber recovers this crucial aspect of American history, tracing the roots of the modern American welfare state beyond the New Deal and the Progressive Era back to the earliest days of the republic when relief was forthcoming for the victims of wars, fires, floods, hurricanes, and earthquakes.
 
Drawing on a variety of materials, including newspapers, legal briefs, political speeches, the art and literature of the time, and letters from thousands of ordinary Americans, Dauber shows that while this long history of government disaster relief has faded from our memory today, it was extremely well known to advocates for an expanded role for the national government in the 1930s, including the Social Security Act. Making this connection required framing the Great Depression as a disaster afflicting citizens though no fault of their own. Dauber argues that the disaster paradigm, though successful in defending the New Deal, would ultimately come back to haunt advocates for social welfare. By not making a more radical case for relief, proponents of the New Deal helped create the weak, uniquely American welfare state we have today—one torn between the desire to come to the aid of those suffering and the deeply rooted suspicion that those in need are responsible for their own deprivation.
 
Contrary to conventional thought, the history of federal disaster relief is one of remarkable consistency, despite significant political and ideological change. Dauber’s pathbreaking and highly readable book uncovers the historical origins of the modern American welfare state.
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cover of The Television Code: Regulating the Screen to Safeguard the Industry

The Television Code

Regulating the Screen to Safeguard the Industry

By Deborah L. Jaramillo

University of Texas Press, 2018

The broadcasting industry’s trade association, the National Association of Broadcasters (NAB), sought to sanitize television content via its self-regulatory document, the Television Code. The Code covered everything from the stories, images, and sounds of TV programs (no profanity, illicit sex and drinking, negative portrayals of family life and law enforcement officials, or irreverence for God and religion) to the allowable number of commercial minutes per hour of programming. It mandated that broadcasters make time for religious programming and discouraged them from charging for it. And it called for tasteful and accurate coverage of news, public events, and controversial issues.

Using archival documents from the Federal Communications Commission, NBC, the NAB, and a television reformer, Senator William Benton, this book explores the run-up to the adoption of the 1952 Television Code from the perspectives of the government, TV viewers, local broadcasters, national networks, and the industry’s trade association. Deborah L. Jaramillo analyzes the competing motives and agendas of each of these groups as she builds a convincing case that the NAB actually developed the Television Code to protect commercial television from reformers who wanted more educational programming, as well as from advocates of subscription television, an alternative distribution model to the commercial system. By agreeing to self-censor content that viewers, local stations, and politicians found objectionable, Jaramillo concludes, the NAB helped to ensure that commercial broadcast television would remain the dominant model for decades to come.

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cover of The Terms of Our Surrender: Colonialism, Dispossession and the Resistance of the Innu

The Terms of Our Surrender

Colonialism, Dispossession and the Resistance of the Innu

Elizabeth Cassell

University of London Press, 2021

An analysis of the laws determining indigenous land ownership in eastern Canada.
 
Based on extensive fieldwork and oral history, The Terms of Our Surrender is a powerful critical appraisal of unceded indigenous land ownership in eastern Canada. Set against an ethnographic, historical, and legal framework, this book traces the myriad ways the Canadian state has evaded the 1763 Royal Proclamation that guaranteed First Nations people a right to their land and way of life.

Focusing on the Innu of Quebec and Labrador, whose land has been taken for resource extraction and development, this book strips back the law of fiduciary duty to its origins. The Terms of Our Surrender argues for the preservation of land ownership and positions First Nations people as natural land defenders amidst a devastating climate crisis. This volume offers a voice to the Innu people, detailing the spirituality practices, culture, and values that make it impossible for them to willingly cede their land.

This book is intended to bridge the gap in knowledge between legal practitioners and those working at the intersections of human rights, social work, and public policy. It offers a potent template for using the law to fight back against the indignities suffered by indigenous communities.
 
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cover of The United States and International Law: Paradoxes of Support across Contemporary Issues

The United States and International Law

Paradoxes of Support across Contemporary Issues

Lucrecia García Iommi and Richard W. Maass

University of Michigan Press, 2022

The United States spearheaded the creation of many international organizations and treaties after World War II and maintains a strong record of compliance across several issue areas, yet it also refuses to ratify major international conventions like the UN Convention on the Law of the Sea and the Convention on the Elimination of All Forms of Discrimination Against Women. Why does the United States often seem to support international law in one way while neglecting or even violating it in another?

The United States and International Law: Paradoxes of Support across Contemporary Issues analyzes the seemingly inconsistent U.S. relationship with international law by identifying five types of state support for international law: leadership, consent, internalization, compliance, and enforcement. Each follows different logics and entails unique costs and incentives. Accordingly, the fact that a state engages in one form of support does not presuppose that it will do so across the board. The contributors to this volume examine how and why the United States has engaged in each form of support across twelve issue areas that are central to twentieth- and twenty-first-century U.S. foreign policy: conquest, world courts, war, nuclear proliferation, trade, human rights, war crimes, torture, targeted killing, maritime law, the environment, and cybersecurity. In addition to offering rich substantive discussions of U.S. foreign policy in each of these areas, their findings reveal patterns across the U.S. relationship with international law that shed light on behavior that often seems paradoxical at best, hypocritical at worst. The results help us understand why the United States engages with international law as it does, the legacies of the Trump administration, and what we should expect from the United States under the Biden administration and beyond.

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cover of The Violence of Protection: Policing, Immigration Law, and Asian American Women

The Violence of Protection

Policing, Immigration Law, and Asian American Women

Lee Ann S. Wang

Duke University Press, 2026

Celebrated as a feminist victory upon its passage as part of the Clinton Crime Bill, the Violence Against Women Act (VAWA) is a landmark piece of legislation that provides protections for survivors of gender and sexual violence. However, as Lee Ann S. Wang shows in The Violence of Protection, VAWA primarily funds law enforcement efforts to rescue women, and in doing so, creates conditions of racial violence against survivors from communities who are already policed, surveilled, and face immigration enforcement. Through ethnographic fieldwork with legal and social advocates serving Asian American survivors of gender and sexual violence in the San Francisco Bay Area, Wang shows how these advocates grapple with laws which require survivors to cooperate with policing in order to receive protection. Engaging in methodologies of feminist refusal, theories of racial assemblage, and abolition feminisms, The Violence of Protection theorizes the victim as a legal subject and exposes the racial violence enacted when State-provided legal safeguards are leveraged to expand punishment against survivors, their communities, and others.
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cover of The Virtuous and Violent Women of Seventeenth-Century Massachusetts

The Virtuous and Violent Women of Seventeenth-Century Massachusetts

Emily C.K. Romeo

University of Massachusetts Press, 2020

Dismantling the image of the peaceful and serene colonial goodwife and countering the assumption that New England was inherently less violent than other regions of colonial America, Emily C. K. Romeo offers a revealing look at acts of violence by Anglo-American women in colonial Massachusetts, from the everyday to the extraordinary. Using Essex County as a case study, Romeo deftly utilizes seventeenth- and eighteenth-century sources to demonstrate that Puritan women, both “virtuous” and otherwise, learned to negotiate the shifting boundaries between acceptable and unacceptable violence in their daily lives and communities.

The Virtuous and Violent Women of Seventeenth-Century Massachusetts shows that more dramatic violence by women—including infanticide, the scalping of captors during the Indian Wars, and even witchcraft accusations—was not necessarily intended to challenge the structures of authority but often sprung from women's desire to protect property, safety, and standing for themselves and their families. The situations in which women chose to flout powerful social conventions and resort to overt violence expose the underlying, often unspoken, priorities and gendered expectations that shaped this society.

[more]
cover of The War on Wine: Prohibition, Neoprohibition, and American Culture

The War on Wine

Prohibition, Neoprohibition, and American Culture

Victor W. Geraci

University of Nevada Press, 2023

The development of an American wine ethos.

The history of wine is a tale of capitalist production and consumer experience, and early Americans embraced the idea of having their own wine culture. But many began to believe that excessive alcohol consumption had become a moral, ethical, economic, political, social, and health conundrum. The result was a national on-again, off-again relationship with the concept of an American wine culture. 

Citizens struggled to build a wine culture patterned after their diasporic European custom of wine as a moderating beverage that was part of a healthy diet. Yet, as America grew, untold attempts to create a wine culture failed due to climate, pests, diseases, wars, and depressions, resulting in some people considering the nation an alcoholic republic. Thus began an anti-alcohol culture war aimed at restricting or prohibiting alcoholic beverages. 

With the passage of the Eighteenth Amendment (Prohibition), a culture war started between wet and dry proponents. After the repeal of Prohibition, the decimated wine industry responded by forming the Wine Institute to rebrand wine’s role in American society, after which neoprohibitionists attempted to restrict alcohol availability and consumption. To confront these aggressive actions, the Wine Institute hired politically trained John A. De Luca to navigate the new attacks and pushed for rebranding wine as a cultural spirit with health benefits.

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cover of The Whole Truth?: A Case of Murder on the Appalachian Trail

The Whole Truth?

A Case of Murder on the Appalachian Trail

H. L. Pohlman

University of Massachusetts Press, 1999

On May 13, 1988, Stephen Roy Carr, a so-called mountain man living in Michaux State Forest in south central Pennsylvania, shot two female hikers while they were making love at a campsite near the Appalachian Trail. Rebecca Wight died at the scene. Claudia Brenner, despite five bullet wounds, survived to testify against her attacker.

In this book, H. L. Pohlman reconstructs the dramatic story of this murder case and traces its disposition through the criminal justice system. Drawing on interviews with participants as well as court records, he closely examines competing interpretations of the evidence. Was the attack a hate crime? A sex crime? A class crime? At the same time, he shows how a broad range of substantive and procedural issues—from the rights of the accused to evaluation of potential mitigating circumstances—can influence the assessment of culpability in homicide cases.

[more]
cover of The Women's Joint Congressional Committee and the Politics of Maternalism, 1920-30

The Women's Joint Congressional Committee and the Politics of Maternalism, 1920-30

Jan Doolittle Wilson

University of Illinois Press, 2006

The rise and fall of a feminist reform powerhouse

Jan Doolittle Wilson offers the first comprehensive history of the umbrella organization founded by former suffrage leaders in order to coordinate activities around women's reform. Encompassing nearly every major national women's organization of its time, the Women's Joint Congressional Committee (WJCC) evolved into a powerful lobbying force for the legislative agendas of more than twelve million women. Critics and supporters alike came to recognize it as "the most powerful lobby in Washington." 

Examining the WJCC's most consequential and contentious campaigns, Wilson traces how the group's strategies, rhetoric, and success generated congressional and grassroots support for their far-reaching, progressive reforms. But the committee's early achievements sparked a reaction by big business that challenged and ultimately limited the programs these women envisioned. Using the WJCC as a lens, Wilson analyzes women's political culture during the 1920s. She also sheds new light on the initially successful ways women lobbied for social legislation, the limitations of that process for pursuing class-based reforms, and the enormous difficulties the women soon faced in trying to expand public responsibility for social welfare.

A volume in the series Women in American History, edited by Anne Firor Scott, Susan Armitage, Susan K. Cahn, and Deborah Gray White

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cover of The Wrecking of La Salle's Ship Aimable and the Trial of Claude Aigron

The Wrecking of La Salle's Ship Aimable and the Trial of Claude Aigron

By Robert S. Weddle

University of Texas Press, 2009

When Robert Cavelier, sieur de La Salle, landed on the Texas coast in 1685, bent on founding a French colony, his enterprise was doomed to failure. Not only was he hundreds of miles from his intended landfall—the mouth of the Mississippi—but his supply ship, Aimable, was wrecked at the mouth of Matagorda Bay, leaving the colonists with scant provisions and little protection against local Indian tribes. In anger and disgust, he struck out at the ship's captain, Claude Aigron, accusing him of wrecking the vessel purposely and maliciously.

Captain Aigron and his crew escaped the doomed colony by returning to France on the warship that had escorted the expedition on its ocean crossing. Soon after reaching France, Aigron found himself defendant in a civil suit filed by two of his officers seeking recompense for lost salary and personal effects, and then imprisoned on order of King Louis XIV while La Salle's more serious accusations were being investigated.

In this book, Robert Weddle meticulously recounts, through court documents, the known history of Aigron and the Aimable, and finds that despite La Salle's fervent accusations, the facts of the case offer no clear indictment. The court documents, deftly translated by François Lagarde, reveal Captain Aigron's successful defense and illuminate the circumstances of the wreck with Aigron's testimony. Much is also revealed about the French legal system and how the sea laws of the period were applied through the French government's L'Ordonnance de la Marine.

[more]
cover of They Don't Want Her There: Fighting Sexual and Racial Harassment in the American University

They Don't Want Her There

Fighting Sexual and Racial Harassment in the American University

Carolyn Chalmers

University of Iowa Press, 2022

Before the nation learned about workplace sexual harassment from Anita Hill, and decades before the #MeToo movement, Chinese American professor Jean Jew M.D. brought a lawsuit against the University of Iowa, alleging a sexually hostile work environment within the university’s College of Medicine.

As Jew gained accolades and advanced through the ranks at Iowa, she was met with increasingly vicious attacks on her character by her white male colleagues—implying that her sexuality had opened doors for her. After years of being subjected to demoralizing sexual, racial, and ethnic discrimination, finding herself without any higher-up departmental support, and noting her professional progression beginning to suffer by the hands of hate, Jean Jew decided to fight back. Carolyn Chalmers was her lawyer.

This book tells the inside story of pioneering litigation unfolding during the eight years of a university investigation, a watershed federal trial, and a state court jury trial. In the face of a university determined to defeat them and maintain the status quo, Jew and Chalmers forged an exceptional relationship between a lawyer and a client, each at the top of their game and part of the first generation of women in their fields. They Don’t Want Her There is a brilliant, original work of legal history that is deeply personal and shows today’s professional women just how recently some of our rights have been won—and at what cost.
 
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cover of Thought Crime: Ideology and State Power in Interwar Japan

Thought Crime

Ideology and State Power in Interwar Japan

Max M. Ward

Duke University Press, 2019

In Thought Crime Max M. Ward explores the Japanese state's efforts to suppress political radicalism in the 1920s and 1930s. Ward traces the evolution of an antiradical law called the Peace Preservation Law, from its initial application to suppress communism and anticolonial nationalism—what authorities deemed thought crime—to its expansion into an elaborate system to reform and ideologically convert thousands of thought criminals throughout the Japanese Empire. To enforce the law, the government enlisted a number of nonstate actors, who included monks, family members, and community leaders. Throughout, Ward illuminates the complex processes through which the law articulated imperial ideology and how this ideology was transformed and disseminated through the law's application over its twenty-year history. In so doing, he shows how the Peace Preservation Law provides a window into understanding how modern states develop ideological apparatuses to subject their respective populations.
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cover of Torture and the Law of Proof: Europe and England in the Ancien Régime

Torture and the Law of Proof

Europe and England in the Ancien Régime

John H. Langbein

University of Chicago Press, 2006

In Torture and the Law of Proof John H. Langbein explores the world of the thumbscrew and the rack, engines of torture authorized for investigating crime in European legal systems from medieval times until well into the eighteenth century. Drawing on juristic literature and legal records, Langbein's book, first published in 1977, remains the definitive account of how European legal systems became dependent on the use of torture in their routine criminal procedures, and how they eventually worked themselves free of it.

The book has recently taken on an eerie relevance as a consequence of controversial American and British interrogation practices in the Iraq and Afghanistan wars. In a new introduction, Langbein contrasts the "new" law of torture with the older European law and offers some pointed lessons about the difficulty of reconciling coercion with accurate investigation. Embellished with fascinating illustrations of torture devices taken from an eighteenth-century criminal code, this crisply written account will engage all those interested in torture's remarkable grip on European legal history.
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cover of Tough on Hate?: The Cultural Politics of Hate Crimes

Tough on Hate?

The Cultural Politics of Hate Crimes

Lewis, Clara S

Rutgers University Press, 2013

Why do we know every gory crime scene detail about such victims as Matthew Shepard and James Byrd Jr. and yet almost nothing about the vast majority of other hate crime victims? Now that federal anti-hate-crimes laws have been passed, why has the number of these crimes not declined significantly? To answer such questions, Clara S. Lewis challenges us to reconsider our understanding of hate crimes. In doing so, she raises startling issues about the trajectory of civil and minority rights.

Tough on Hate is the first book to examine the cultural politics of hate crimes both within and beyond the law. Drawing on a wide range of sources—including personal interviews, unarchived documents, television news broadcasts, legislative debates, and presidential speeches—the book calls attention to a disturbing irony: the sympathetic attention paid to certain shocking hate crime murders further legitimizes an already pervasive unwillingness to act on the urgent civil rights issues of our time. Worse still, it reveals the widespread acceptance of ideas about difference, tolerance, and crime that work against future progress on behalf of historically marginalized communities.

[more]
cover of Trafficking in Slavery’s Wake: Law and the Experience of Women and Children in Africa

Trafficking in Slavery’s Wake

Law and the Experience of Women and Children in Africa

Benjamin N. Lawrance

Ohio University Press, 2012

Women and children have been bartered, pawned, bought, and sold within and beyond Africa for longer than records have existed. This important collection examines the ways trafficking in women and children has changed from the aftermath of the “end of slavery” in Africa from the late nineteenth century to the present.

The formal abolition of the slave trade and slavery did not end the demand for servile women and children. Contemporary forms of human trafficking are deeply interwoven with their historical precursors, and scholars and activists need to be informed about the long history of trafficking in order to better assess and confront its contemporary forms. This book brings together the perspectives of leading scholars, activists, and other experts, creating a conversation that is essential for understanding the complexity of human trafficking in Africa.

Human trafficking is rapidly emerging as a core human rights issue for the twenty-first century. Trafficking in Slavery’s Wake is excellent reading for the researching, combating, and prosecuting of trafficking in women and children.

Contributors: Margaret Akullo, Jean Allain, Kevin Bales, Liza Stuart Buchbinder, Bernard K. Freamon, Susan Kreston, Benjamin N. Lawrance, Elisabeth McMahon, Carina Ray, Richard L. Roberts, Marie Rodet, Jody Sarich, and Jelmer Vos.

[more]
cover of Trespassing: An Inquiry into the Private Ownership of Land

Trespassing

An Inquiry into the Private Ownership of Land

John Hanson Mitchell

University Press of New England, 2015

Trespassing, “a thoughtful, beautifully written addition to environmental and regional literature” (Kirkus Reviews), is a historical survey of the evolution of private ownership of land, concentrating on the various land uses of a 500-acre tract of land over a 350-year period. What began as wild land controlled periodically by various Native American tribes became British crown land after 1654, then private property under US law, and finally common land again in the late twentieth century. Mitchell considers every aspect of the important issue of land ownership and explores how our attitudes toward land have changed over the centuries.
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cover of Truman and the Steel Seizure Case: The Limits of Presidential Power

Truman and the Steel Seizure Case

The Limits of Presidential Power

Maeva Marcus

Duke University Press, 1994

Government seizure of the nation’s strikebound steel mills on 8 April 1952 stands as one of President Harry S Truman’s most controversial actions, representing an unprecedented use of presidential power. On 8 June 1952 the United States Supreme Court invalidated Truman’s order with its monumental decision in Youngstown Sheet and Tube Co. v. Sawyer. The history and significance of this case constitute the subject of Maeva Marcus’s meticulously researched, brilliantly analyzed, and authoritative study. From Truman’s initial assertion of "inherent" executive power under the Constitution to the High Court’s seven opinions, Marcus assesses the influence of the case on the doctrine of separation of powers and, specifically, the nature and practice of executive authority. First published in 1977 (Columbia University Press), and reissued here in paperback with a new foreword by Louis Fisher, this book remains the definitive account of the Steel Seizure incident and its political and legal ramifications.
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cover of Trying to Make Law Matter: Legal Reform and Labor Law in the Soviet Union

Trying to Make Law Matter

Legal Reform and Labor Law in the Soviet Union

Kathryn Hendley

University of Michigan Press, 1996

One of the most pressing issues of our time is the possibility of rebuilding the rule of law in former Leninist countries as a part of the transition to a market democracy. Despite formal changes in legislation and an increased attention to law in the rhetoric of policymakers, instituionalization of the rule of law has proven to be an immensely difficult challenge. Leninist regimes destroyed popular faith in law and legal institutions and, like other transitional regimes, contemporary post-communist Russia lacks the necessary institutional infrastructure to facilitate the growth of the rule of law.
Trying to Make Law Matter provides unique insight into the possibility of creating the rule of law. It is based on Kathryn Hendley's pathbreaking field research into the actual practices of Russian trial courts, lawyers, factory managers, and labor unions, contrasting the idealistic legal pronouncements of workers' rights during the Gorbachev era with tawdry reality of inadequate courts and dispirited workers.
Hendley frames her study of Russian law in action with a lively theoretical analysis of the fundamental prerequisites of the rule of law not only as a set of ideals but as a legal system that rests on the participation of rights-bearing citizens. This work will appeal to law, political science, and sociology scholars as well as area specialists and those who study transitions to market democracy.
Kathryn Hendley is Professor, Law and Political Science, University of Wisconsin, Madison.
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