Paul W. Kahn
University of Chicago Press, 1999
David Garland
University of Chicago Press, 2001
Welsh S. White
University of Michigan Press, 1987
Welsh S. White
University of Michigan Press, 1991
Robert P. Burns
University of Chicago Press, 2009
In The Death of the American Trial, distinguished legal scholar Robert P. Burns makes an impassioned case for reversing the rapid decline of the trial before we lose one of our public culture’s greatest achievements. As a practice that is adapted for modern times yet rooted in ancient wisdom, the trial is uniquely suited to balance the tensions—between idealism and realism, experts and citizens, contextual judgment and reliance on rules—that define American culture. Arguing that many observers make a grave mistake by taking a complacent or even positive view of the trial’s demise, Burns concludes by laying out the catastrophic consequences of losing an institution that so perfectly embodies democratic governance.
Jirí Pribán
Karolinum Press, 2018
Edward W. Madeira Jr. and Michael D. Schaffer
Temple University Press, 2020
Long before the Supreme Court ruled that impoverished defendants in criminal cases have a right to free counsel, Philadelphia’s public defenders were working to ensure fair trials for all. In 1934, when penniless defendants were routinely railroaded through the courts without ever seeing a lawyer, Philadelphia attorney Francis Fisher Kane helped create the Voluntary Defender Association, supported by charity and free from political interference, to represent poor people accused of crime.
When the Supreme Court’s 1963 decision Gideonv. Wainwright mandated free counsel for indigent defendants, the Defender (as it is now known) became more essential than ever, representing at least 70 percent of those caught in the machinery of justice in the city. Its groundbreaking work in juvenile advocacy, homicide representation, death-row habeas corpus petitions, parole issues, and alternative sentencing has earned a national reputation.
In The Defender, Edward Madeira, past president of the Defender’s Board of Directors, and former Philadelphia Inquirer journalist Michael Schaffer chart the 80-plus-year history of the organization as it grew from two lawyers in 1934 to a staff of nearly 500 in 2015.
This is a compelling story about securing justice for those who need it most.
edited by Margaret A. Zahn
Temple University Press, 2009
Over the past decade and a half, girls’ involvement in the juvenile justice system has increased. Yet the topic remains under-studied among criminologists. The Delinquent Girl is a “state-of-the-field” evaluation that identifies and analyzes girls who become delinquent, the kinds of crimes they commit and the reasons they commit them. The distinguished academics and practitioners who contributed to this volume provide an overview of the research on girls’ delinquency, discuss policy implications and point to areas where further research is critically needed.
Brian E. Butler
University of Chicago Press, 2017
Nicholas De Genova and Nathalie Peutz, eds.
Duke University Press, 2010
Whether investigating the power that individual and corporate sponsors have over the fate of foreign laborers in Bahrain, the implications of Germany’s temporary suspension of deportation orders for pregnant and ill migrants, or the significance of the detention camp, the contributors reveal how deportation reflects and reproduces notions about public health, racial purity, and class privilege. They also provide insight into how deportation and deportability are experienced by individuals, including Arabs, South Asians, and Muslims in the United States. One contributor looks at asylum claims in light of an unusual anti-deportation campaign mounted by Algerian refugees in Montreal; others analyze the European Union as an entity specifically dedicated to governing mobility inside and across its official borders. The Deportation Regime addresses urgent issues related to human rights, international migration, and the extensive security measures implemented by nation-states since September 11, 2001.
Contributors: Rutvica Andrijasevic, Aashti Bhartia, Heide Castañeda , Galina Cornelisse , Susan Bibler Coutin, Nicholas De Genova, Andrew M. Gardner, Josiah Heyman, Serhat Karakayali, Sunaina Marr Maira, Guillermina Gina Nuñez, Peter Nyers, Nathalie Peutz, Enrica Rigo, Victor Talavera, William Walters, Hans-Rudolf Wicker, Sarah S. Willen
Gëzim Visoka
University of Michigan Press, 2024
Richard S. Wortman
University of Chicago Press, 1976
Nathan B. Oman
University of Chicago Press, 2016
Kjell Anderson
Rutgers University Press, 2027
Dominic Ongwen was abducted by Joseph Kony's Lord's Resistance Army while walking to school at the age of nine. He later rose through its ranks committing, and ultimately being convicted by the International Criminal Court (ICC) of, many of the same crimes of which he was once a victim. The Dilemma of Dominic Ongwen tells this extraordinary story through the voices of those who knew him best: family members, fighters, commanders, “wives,” victims, and trial participants. Their testimonies, gathered in Uganda and The Hague, form the backbone of a narrative that interlaces survivor accounts with legal analysis and vivid excerpts from the ICC trial. The book offers a rare, human-centered lens on international justice, illuminating the dilemmas of prosecuting a former child soldier for mass atrocities. It provides indispensable insights for scholars of international criminal law, transitional justice, political violence, trauma, and human rights.
Herbert McClosky
Russell Sage Foundation, 1983
Edited by Marianne Mason and Frances Rock
University of Chicago Press, 2020
Elizabeth A. Hull, foreword by Representative John Conyers, Jr.
Temple University Press, 2006
John P. Kaminski
Wisconsin Historical Society Press, 2015
John P. Kaminski
Wisconsin Historical Society Press, 2015
John P. Kaminski
Wisconsin Historical Society Press, 2012
David Thomas Konig
Ohio University Press, 2010
In 1846 two slaves, Dred and Harriet Scott, filed petitions for their freedom in the Old Courthouse in St. Louis, Missouri. As the first true civil rights case decided by the U.S. Supreme Court, Dred Scott v. Sandford raised issues that have not been fully resolved despite three amendments to the Constitution and more than a century and a half of litigation.
The Dred Scott Case: Historical and Contemporary Perspectives on Race and Law presents original research and the reflections of the nation’s leading scholars who gathered in St. Louis to mark the 150th anniversary of what was arguably the most infamous decision of the U.S. Supreme Court. The decision, which held that African Americans “had no rights” under the Constitution and that Congress had no authority to alter that, galvanized Americans and thrust the issue of race and law to the center of American politics. This collection of essays revisits the history of the case and its aftermath in American life and law. In a final section, the present-day justices of the Missouri Supreme Court offer their reflections on the process of judging and provide perspective on the misdeeds of their nineteenth-century predecessors who denied the Scotts their freedom.
Contributors: Austin Allen, Adam Arenson, John Baugh, Hon. Duane Benton, Christopher Alan Bracey, Alfred L. Brophy, Paul Finkelman, Louis Gerteis, Mark Graber, Daniel W. Hamilton, Cecil J. Hunt II, David Thomas Konig, Leland Ware, Hon. Michael A. Wolff
By Marshall S. Shapo
University of Texas Press, 1977
A woman terrified by the threats of a jilted suitor is denied police protection. A workman collapses on the job and the employer is slow to help him. A bully in a bar begins to carry out threats of serious injury to a customer, after the bartender’s lackadaisical response. Springing from varied areas of human activity, such cases occupy an important area of the legal battleground called modern tort law. They also provide the basis for a fascinating legal analysis by Marshall S. Shapo.
Tort law is an important social mediator of events surrounding personal injuries. It impinges on many other areas of the law—those dealing with crime, constitutional protections against government officials and agencies, and property rights. Since litigated tort cases often involve brutal treatment or accidents inflicting severe physical harm, this area of the law generates much emotion and complex legal doctrine.
Shapo cuts through the emotion and the complexity to present a view of these problems that is both legally sound and intuitively appealing. His emphasis is on power relationships between private citizens and other individuals, as well as between private persons and governments and officials. He undertakes to define power in a meaningful way as it relates to many tort issues faced by ordinary citizens, and to make this definition precise by constant reference to concrete cases. His particular focus is on an age-old problem in tort law: the question of when a person has a duty to aid another in peril.
In analyzing a large number of cases in this category, Shapo develops an analysis that blends considerations of economic efficiency and humanitarian concern. Recognizing that economic considerations are significant in judicial analysis of these cases, he emphasizes elements that go beyond a simple concern with efficiency, especially the ability of one person to control another’s actions or exposure to risk.
These considerations of power and corresponding dependence provide the basis for Shapo’s study of the duties of both private citizens and governments to prevent injury to others. Calling on a broad range of legal precedents, he also refers to social science research dealing with the behavior of bystanders when fellow citizens are under attack.
Beyond his application of a power-based analysis to litigation traditionally based in tort doctrine, Shapo offers some speculative suggestions on the possible applicability of his views to several controversial areas of welfare law: medical care, municipal services, and educational standards.
This book was written with a view to readership by interested citizens as well as legal scholars, judges, and practicing attorneys.
José Angel Gutiérrez
Michigan State University Press, 2019
Jacinto Cuvi
University of Chicago Press, 2025
Jim Walsh and Sarah Orman
University of Texas Press, 2026
A new edition of the most authoritative guide to Texas school law.
Over the past five years, the US Supreme Court, the White House, and the Texas legislature have collectively been responsible for seismic changes in the landscape of education in the Lone Star State. The eleventh edition of The Educator's Guide to Texas School Law is your up-to-date resource for understanding what the law is and what it means for effective school operations.
Intended for educators, school board members, attorneys, and taxpayers, the eleventh edition offers a comprehensive review of the evolving legal structure of schooling in Texas. Jim Walsh and Sarah Orman highlight pressing issues that educators encounter daily: What are teachers’ and students’ free speech rights? What about due process and religious exercise? Exactly how are teachers hired, and under what circumstances can they be fired? The Educators’ Guide also explains the role of the school board and important dimensions of school district governance, including procurement and compliance with the Open Meetings Act. This latest edition focuses intensively on recent areas of reform, including parents’ rights, special-needs law, and education savings accounts. More essential than ever, the Educator’s Guide provides clarity in uncertain times.
By Jim Walsh, Laurie Maniotis, and Frank Kemerer
University of Texas Press, 2018
Much has changed in the area of school law since the first edition of The Educator’s Guide was published in 1986. This new ninth edition offers an authoritative source on all major dimensions of Texas school law through the 2017 legislative sessions. Intended for educators, school board members, interested attorneys, and taxpayers, the ninth edition explains what the law is and what the implications are for effective school operations. It is designed to help professional educators avoid expensive and time-consuming lawsuits by taking effective preventive action. It is an especially valuable resource for school law courses and staff development sessions.
The ninth edition begins with a review of the legal structure of the Texas school system, incorporating recent innovative features such as charter schools and districts of innovation. Successive chapters address attendance, the instructional program, service to students with special needs, the rights of public school employees, the role of religion, student discipline, governmental transparency, privacy, parent rights, and the parameters of legal liability for schools and school personnel. The book includes discussion of major federal legislation, such as the Individuals with Disabilities Education Act, the Family Educational Rights and Privacy Act, Section 504 of the Rehabilitation Act of 1973, and the Every Student Succeeds Act. On the state level, the book incorporates new laws pertaining to cyberbullying and inappropriate relationships between students and employees. Key points are illustrated through case law, and a complete index of case citations is included.
Jim Walsh and Sarah Orman
University of Texas Press, 2022
Much has changed in the area of school law since the first edition of The Educator’s Guide to Texas School Law was published in 1986. This new tenth edition of The Educator’s Guide offers an authoritative source on Texas school law through the 2021 legislative sessions. Intended for educators, school board members, attorneys, and taxpayers, it explains what the law is and what the implications are for effective school operations; it helps professional educators avoid expensive and time-consuming lawsuits by taking effective preventive action; and it serves as a highly valuable resource for school law courses and staff development sessions.
The tenth edition begins with a review of the legal structure of the Texas school system, incorporating recent features such as charter schools and districts of innovation, then addresses the instructional program, service to students with special needs, the rights of public school employees, the role of religion, student discipline, governmental transparency, privacy, parental rights, and the parameters of legal liability for schools and school personnel. The book includes discussion of major federal legislation, such as the Individuals with Disabilities Education Act, the Family Educational Rights and Privacy Act, Section 504 of the Rehabilitation Act of 1973, and Title IX. On the state level, the book incorporates laws pertaining to cyberbullying, inappropriate relationships between students and employees, and human sexuality instruction.

Oliver P. Field
University of Minnesota Press, 1935
The Effect of an Unconstitutional Statute was first published in 1935. Minnesota Archive Editions uses digital technology to make long-unavailable books once again accessible, and are published unaltered from the original University of Minnesota Press editions.
Pierre Schlag
Duke University Press, 1998
Ian Collins and David Brody
University of Michigan Press, 2025
Ellen Berrey
University of Chicago Press, 2015
Kim Boyer
University of Nevada Press, 2014
Oliver Wendell Holmes
University of Chicago Press, 1992
David A. Schum
Northwestern University Press, 2001
William Bradford Huie
Westholme Publishing, 2004
William Bradford Huie
Westholme Publishing, 2020
Seventy-Five Years Ago, the Last American Soldier Who Paid the Ultimate Price for Desertion
A New Edition of the Acclaimed Investigative Story
In August 1944, a drab convoy of raw recruits destined to join the 28th Division lumbered along a windy French road strewn with dead animals, shattered bodies, and burning equipment. One of those draftees was 24-year-old Eddie Slovik, a petty thief from Detroit who had spent his youth in and out of reform schools. Eddie's luck had recently changed, however, with a steady factory job and marriage to a beautiful girl who gave Eddie hope and security for the first time in his life. But their honeymoon—like that of many other wartime newlyweds—was interrupted by the call to service. The convoy came under intense artillery fire, and in the confusion Slovik became separated from his unit. He joined a Canadian outfit and traveled with them before finally reporting to the 28th Division. He carried a rifle but no ammunition. He was assigned to a platoon but walked away. Refusing to kill, Slovik was arrested, court martialed, and condemned to death. Hundreds of soldiers were tried for desertion during World War II and sentenced to die, but only Eddie Slovik paid the price, supposedly as a deterrent, yet word of the nature of his death was never officially released to the public.
In The Execution of Private Slovik, considered to be among the best investigative books ever written, journalist and author William Bradford Huie reconstructs this entire story with the full cooperation of the U.S. Army in order to find out what made Eddie Slovik an unlikely pacifist and why the affair was covered up. Through interviews with those who knew him and the hundreds of letters to his wife, the author reveals a hard luck depression-era kid who when faced with the reality of war realized that he simply could not kill another human being. Throughout, Huie reveals how Eddie Slovik's death has much to tell us about life and duty to one's country. This edition marking the seventy-fifth anniversary of the sentence being carried out, contains a new introduction by the author's daughter.
Praise for The Execution of Private Slovik:
"In the hands of an expert, who writes both passionately and with an almost transparent effort to be fair to all concerned, the story raises questions to which our wisest leaders still lack satisfying answers."
—New York Times
"A remarkable story reported by a master."—W. E. B. Griffin
"Recommended reading for all military historians."—Military Affairs
"Tremendously moving."—The Atlantic
"It is very likely that William Bradford Huie's The Execution of Private Slovikwill long survive the official histories of World War II. It is a big book and Mr. Huie deserves some sort of rich reward for this unburying of an incident of the war which must disturb us all. For Slovik was more than a 'coward.' He not only did not want to die but he did not want to kill, and one must look far in literature for a figure so moving as Private Slovik wandering about Europe not with bullets in his cartridge belt but with writing paper. The question is not 'How might we improve military procedures?' The question is, 'What has happened to love in our world when he who would rather love than kill must die?'"—from a letter to the New York Times
Ron Shaham
University of Chicago Press, 2010
Yoshiro Miwa and J. Mark Ramseyer
University of Chicago Press, 2006
Kent Greenfield
University of Chicago Press, 2007
When used in conjunction with corporations, the term “public” is misleading. Anyone can purchase shares of stock, but public corporations themselves are uninhibited by a sense of societal obligation or strict public oversight. In fact, managers of most large firms are prohibited by law from taking into account the interests of the public in decision making, if doing so hurts shareholders. But this has not always been the case, as until the beginning of the twentieth century, public corporations were deemed to have important civic responsibilities.
With The Failure of Corporate Law, Kent Greenfield hopes to return corporate law to a system in which the public has a greater say in how firms are governed. Greenfield maintains that the laws controlling firms should be much more protective of the public interest and of the corporation’s various stakeholders, such as employees. Only when the law of corporations is evaluated as a branch of public law—as with constitutional law or environmental law—will it be clear what types of changes can be made in corporate governance to improve the common good. Greenfield proposes changes in corporate governance that would enable corporations to meet the progressive goal of creating wealth for society as a whole rather than merely for shareholders and executives.
Victor L. Streib
Ohio University Press, 2006
Women on death row are such a rarity that, once condemned, they may be ignored and forgotten. Ohio, a typical, middle-of-the-road death penalty state, provides a telling example of this phenomenon. The Fairer Death: Executing Women in Ohio explores Ohio’s experience with the death penalty for women and reflects on what this experience reveals about the death penalty for women throughout the nation.
Victor Streib’s analysis of two centuries of Ohio death penalty legislation and adjudication reveals no obvious exclusion of women or even any recognition of an issue of sex bias. In this respect, Ohio’s justice system exemplifies the subtle and insidious nature of this cultural disparity.
Professor Streib provides detailed descriptions of the cases of the four women actually executed by Ohio since its founding and of the cases of the eleven women sentenced to death in Ohio in the current death penalty era (1973–2005). Some of these cases had a profound impact on death penalty law, but most were routine and drew little attention. A generation later, reversals and commutations have left only one woman on Ohio’s death row.
Although Streib focuses specifically on Ohio, the underlying premise is that Ohio is, in many ways, a typical death penalty state. The Fairer Death provides insight into our national experience, provoking questions about the rationale for the death penalty and the many disparities in its administration.
F. H. Buckley, ed.
Duke University Press, 1999
Contributors. Gregory S. Alexander, Margaret F. Brinig, F. H. Buckley, Robert Cooter, Steven J. Eagle, Robert C. Ellickson, Richard A. Epstein, William A. Fischel, Michael Klausner, Bruce H. Kobayashi, Geoffrey P. Miller, Timothy J. Muris, Robert H. Nelson, Eric A. Posner, Robert K. Rasmussen, Larry E. Ribstein, Roberta Romano, Paul H. Rubin, Alan Schwartz, Elizabeth S. Scott, Robert E. Scott, Michael J. Trebilcock
Andi Rierden
University of Massachusetts Press, 1997
Written by a journalist, this book depicts the day-to-day struggles and concerns of inmates a the Connecticut Correctional Institution in Niantic (renamed the Janet S. York correctional Institution), the state's only prison for women. Build in 1917 as a work farm for prostitutes, unwed mothers, and other women of allegedly immoral character, “the Farm,” as it is still called, has long served as a barometer of prevailing social attitudes toward women.
In the summer of 1992, Andi Rierden obtained permission from the warden at Niantic to conduct research on life inside the institution. During the next three and a half years, she spent more than fifteen hundred hours among the women, recording interviews, strolling the grounds with inmates and corrections officers, sharing meals, attending classes and group counseling sessions, and tracking former inmates after their release.
The stories these women tell shed light ton a wide range of issues, from the effects of more stringent drug laws and sentences to the rise of violence among inmates. In the process it becomes clear that the ideal of rehabilitation has been largely abandoned and replaced by a belief in punishment and retribution.
Austin Sarat and Thomas R. Kearns, Editors
University of Michigan Press, 1993
For law and legal theory the end of the twentieth century is a time of contradiction; while the newly emerging politics of Eastern Europe seek to establish a new rule of law, voices in this country proclaim the "death of law." For the former, law provides hope for stability and fairness. For the latter, the fundamental values that provide a grounding for legality seem no longer secure or satisfying. The Fate of Law is a collection of five original essays, each of which discusses the problems and prospects of law in the late twentieth century. The essays pay particular attention to the impact of broad intellectual and political movements, especially feminism and postmodernism, on law and legal theory.
The Fate of Law investigates what happens under the critical scrutiny of those movements and in an era of growing skepticism about law's central claim to objectivity, neutrality, and reason. It describes the struggles that ensue and the responses that are made. Each of the essays that comprise this books is written in its own style and voice; each makes it own judgments and assessments.
Michael J. Gerhardt
Duke University Press, 2003

Michael J. Gerhardt
University of Chicago Press, 2000
Michael J. Gerhardt
University of Chicago Press, 2019
Edited by Thomas Engeman, Edward J. Erler, and Thomas B. Hofeller
University of Chicago Press, 1988
Michael Avery
Vanderbilt University Press, 2013

Michael Avery
Vanderbilt University Press, 2013
R. H. Coase
University of Chicago Press, 1987
A Nobel Prize winner's most important, groundbreaking work, collected in one volume
The Firm, the Market, and the Law gathers the most important and lasting works by Nobel Prize-winning economist Ronald Coase. Awarded the Nobel Prize in 1991 for his groundbreaking work on the significance of transaction costs and property rights, Coase continually urged his fellow economists to examine the real-world foundations on which their theories rest. This volume collects some of his classic articles probing those very foundations. "The Nature of the Firm" (1937) introduced the then-revolutionary concept of transaction costs into economic theory. "The Problem of Social Cost" (1960) further developed this concept, emphasizing the effect of the law on the working of the economic system. The remaining papers and new introductory essay clarify and extend Coarse's arguments and address his critics.