1917 books match the query 'Law' and 64 start with w

cover of Walk in the Good Way: Classical Natural Law and Civic Friendship

Walk in the Good Way

Classical Natural Law and Civic Friendship

Michael Pakaluk

Catholic University of America Press, 2027

What holds a free society together? Not law alone, and not self-interest — but something older and deeper that the classical tradition called civic friendship: the bonds of genuine goodwill and common purpose that bind citizens to one another and make a republic possible. This book recovers that idea, and argues that without it, neither natural law theory nor political life can be adequately understood. Michael Pakaluk brings together more than two decades of scholarship on Aristotle, Aquinas, and the American Founding to show that the classical conception of natural law is fundamentally different in kind from the modern theories that have displaced it. Where contemporary natural law and liberal political theory — in their best-known versions — begin from abstract principles of practical reason, the classical tradition begins from human nature itself: from our constitution as social beings, equipped by nature and Providence to live together, and oriented toward civic friendship as the proper realization of that nature. The argument moves across three great traditions. In Aristotle, civic friendship is the telos of political life — not an ornament added to justice, but its consummation, the common good understood as a shared form of life. In Aquinas, natural law is the rational creature's participation in divine providence, its precepts providing not a checklist of obligations but starting-points for the cultivation of virtue and the perfection of character. In the American Founders — above all in John Adams, whose Aristotelian convictions Pakaluk examines with care — the ideals of natural sociability were neither decorative nor derivative, but the animating principles of the republican experiment itself. The result is a vision at once ancient and urgently contemporary. At a moment of deepening civic fracture, Walk in the Good Way makes the case that the path to a stable and vigorous free society runs through the recovery of something we have nearly forgotten: that we are, by nature, made for life together — and that nature itself shows us how
[more]
cover of War No More: Eliminating Conflict in the Nuclear Age

War No More

Eliminating Conflict in the Nuclear Age

Robert Hinde and Joseph Rotblat

Pluto Press, 2003

At a time when terrorism is opening the way for new forms of warfare worldwide, this book provides a much-needed account of the real dangers we face, and argues that the elimination of weapons of mass destruction and of war are attainable and necessary goals.

Written by Nobel Peace prize winner and former nuclear physicist Joseph Rotblat, who was involved in the creation of the first atom bomb, and biologist/ psychologist Robert Hinde, War No More provides expert insight into the nature of modern warfare - including weapons of mass destruction. Examining the key factors that contribute to conflict, the authors explain how best to approach a peaceful future. 

If war is ever to be eliminated, we must address key issues such as the gap between rich and poor; have fully effective arms controls, and above all we must have better education. The authors emphasise the United Nations - as well as NGOs, religious groups, and grassroots movements - also have important parts to play.
[more]
cover of War and Peace in Asia: International Law and Politics in Armed Conflicts

War and Peace in Asia

International Law and Politics in Armed Conflicts

Kriangsak Kittichaisaree

National University of Singapore Press, 2026

An in-depth study of how conflict and peace-building in Asia have shaped ideas of international law in the region. 

How do Asian states navigate the complex terrain between international legal obligations and strategic national interests in matters of war and peace? What justifications are invoked to wage war, and what are the legal frameworks used to restore peace? Do bilateral settlements comply with and support the development of international law, or do they undermine it? This comprehensive study examines conflict and peace-building across Asia since 1945, providing a distinctly Asian perspective on international law and relations. 

War and Peace in Asia considers how Asian history, including the region's experience of colonialism, shapes ideas of international order. Kriangsak Kittichaisaree considers rules against the threat or use of force; management of sovereignty disputes over borders and territories; insurgencies or conflicts arising from groups seeking self-determination; annexations of one State’s territory by another State; conflicts under the guise of “humanitarian intervention” and the Responsibility to Protect (R2P) doctrine; self-defense against terrorists and non-state actors who are driven by ideology; and armed intervention by invitation. The book offers scholars, policymakers, and practitioners crucial insights into conflict dynamics in this geopolitically volatile region.
[more]
cover of Wasting a Crisis: Why Securities Regulation Fails

Wasting a Crisis

Why Securities Regulation Fails

Paul G. Mahoney

University of Chicago Press, 2015

The recent financial crisis led to sweeping reforms that inspired countless references to the financial reforms of the New Deal. Comparable to the reforms of the New Deal in both scope and scale, the 2,300-page Dodd-Frank Act of 2010—the main regulatory reform package introduced in the United States—also shared with New Deal reforms the assumption that the underlying cause of the crisis was misbehavior by securities market participants, exacerbated by lax regulatory oversight.

With Wasting a Crisis, Paul G. Mahoney offers persuasive research to show that this now almost universally accepted narrative of market failure—broadly similar across financial crises—is formulated by political actors hoping to deflect blame from prior policy errors. Drawing on a cache of data, from congressional investigations, litigation, regulatory reports, and filings to stock quotes from the 1920s and ’30s, Mahoney moves beyond the received wisdom about the financial reforms of the New Deal, showing that lax regulation was not a substantial cause of the financial problems of the Great Depression. As new regulations were formed around this narrative of market failure, not only were the majority largely ineffective, they were also often counterproductive, consolidating market share in the hands of leading financial firms. An overview of twenty-first-century securities reforms from the same analytic perspective, including Dodd-Frank and the Sarbanes-Oxley Act of 2002, shows a similar pattern and suggests that they too may offer little benefit to investors and some measurable harm.
[more]
cover of Water and Agriculture in Colorado and the American West: First in Line for the Rio Grande

Water and Agriculture in Colorado and the American West

First in Line for the Rio Grande

David Stiller

University of Nevada Press, 2021

Water has always been one of the American West’s most precious and limited resources. The earliest inhabitants—Native Americans and later Hispanics—learned to share the region’s scant rainfall and snowmelt. When Euro-Americans arrived in the middle of the nineteenth century, they brought with them not only an interest in large-scale commercial agriculture but also new practices and laws about access to, and control of, the water essential for their survival and success. This included the concept of private rights to water, a critical resource that had previously been regarded as a communal asset.

David Stiller’s thoughtful study focuses on the history of agricultural water use of the Rio Grande in Colorado’s San Luis Valley. After surveying the practices of early farmers in the region, he focuses on the impacts of Euro-American settlement and the ways these new agrarians endeavored to control the river. Using the Rio Grande as a case study, Stiller offers an informed and accessible history of the development of practices and technologies to store, distribute, and exploit water in Colorado and other western states, as well as an account of the creation of water rights and laws that govern this essential commodity throughout the West to this day. Stiller’s work ranges from meticulously monitored fields of irrigated alfalfa and potatoes to the local and state water agencies and halls of Congress. He also includes perceptive comments on the future of western water as these arid states become increasingly urbanized during a period of worsening drought and climate change.

An excellent read for anyone curious about important issues in the West, Water and Agriculture in Colorado and the American West offers a succinct summary and analysis of Colorado’s use of water by agricultural interests, in addition to a valuable discussion of the past, present, and future of struggles over this necessary and endangered resource.
[more]
cover of We Are Fighting the World: A History of the Marashea Gangs in South Africa, 1947–1999

We Are Fighting the World

A History of the Marashea Gangs in South Africa, 1947–1999

Gary Kynoch

Ohio University Press, 2005

Since the late 1940s, a violent African criminal society known as the Marashea has operated in and around South Africa’s gold mining areas. With thousands of members involved in drug smuggling, extortion, and kidnapping, the Marashea was more influential in the day-to-day lives of many black South Africans under apartheid than were agents of the state. These gangs remain active in South Africa.

In We Are Fighting the World: A History of the Marashea Gangs in South Africa, 1947–1999, Gary Kynoch points to the combination of coercive force and administrative weakness that characterized the apartheid state. As long as crime and violence were contained within black townships and did not threaten adjacent white areas, township residents were largely left to fend for themselves. The Marashea’s ability to prosper during the apartheid era and its involvement in political conflict led directly to the violent crime epidemic that today plagues South Africa.

Highly readable and solidly researched, We Are Fighting the World is critical to an understanding of South African society, past and present. This pioneering study challenges previous social history research on resistance, ethnicity, urban spaces, and gender in South Africa. Kynoch’s interviews with many current and former gang members give We Are Fighting the World an energy and a realism that are unparalleled in any other published work on gang violence in southern Africa.

[more]
cover of Weeping in the Playtime of Others: America’s Incarcerated Children. 2nd edition.

Weeping in the Playtime of Others

America’s Incarcerated Children. 2nd edition.

Written by Kenneth Wooden with a foreword by Kathleen M. Heide

The Ohio State University Press, 2000

Kenneth Wooden’s Weeping in the Playtime of Others—first published in 1976 and an enduring work of investigative journalism and criminology that was nominated for a Pulitzer Prize—exposes the harsh realities faced by children in the American juvenile justice system. Wooden’s extensive research and firsthand accounts highlight the systemic abuse, neglect, and violence that incarcerated youth endure. Investigative reporter Wooden journeyed across thirty states to document brutal conditions in juvenile detention centers and training schools. His work revealed in stark detail how these institutions regularly failed to provide the rehabilitation they promised, perpetuating cycles of violence and criminality, and presented a devastating picture of the detrimental effects on of solitary confinement, physical punishment, and inadequate educational and psychological support.

Wooden’s many case studies include that of a young Charles Manson, illustrating how early institutionalization can presage lifelong criminal behavior. Wooden also critiques the political and economic forces that sustain these abusive systems, calling for comprehensive reforms.

[more]
cover of West of Sex: Making Mexican America, 1900-1930

West of Sex

Making Mexican America, 1900-1930

Pablo Mitchell

University of Chicago Press, 2012

Sex can be an oppressive force, a tool to shame, divide, and control a population. But it can also be a force for change, for the legal and physical challenge of inequity and injustice. In West of Sex, Pablo Mitchell uses court transcripts and criminal cases to provide the first coherent picture of Mexican-American sexuality at the turn of the twentieth century, and a truly revelatory look at sexual identity in the borderlands.

As Mexicans faced a rising tide of racial intolerance in the American West, some found cracks in the legal system that enabled them to assert their rights as full citizens, despite institutional hostility. In these chapters, Mitchell offers a rare glimpse into the inner workings of ethnicity and power in the United States, placing ordinary Mexican women and men at the center of the story of American sex, colonialism, and belonging.

Other chapters discuss topics like prostitution, same-sex intimacy, sexual violence, interracial romance, and marriage with an impressive level of detail and complexity. Written in vivid and accessible prose, West of Sex offers readers a new vision of sex and race in American history.

[more]
cover of Western Law, Russian Justice: Dostoevsky, the Jury Trial, and the Law

Western Law, Russian Justice

Dostoevsky, the Jury Trial, and the Law

Gary Rosenshield

University of Wisconsin Press, 2005

    Gary Rosenshield offers a new interpretation of Dostoevsky's greatest novel, The Brothers Karamazov. He explores Dostoevsky's critique and exploitation of the jury trial for his own ideological agenda, both in his journalism and his fiction, contextualizing his portrayal of trials and trial participants (lawyers, jurors, defendants, judges) in the political, social, and ideological milieu of his time. Further, the author presents Dostoevsky's critique in terms of the main notions of the critical legal studies movement in the United States, showing how, over one hundred and twenty years ago, Dostoevsky explicitly dealt with the same problems that the law-and-literature movement has been confronting over the past two decades. This book should appeal to anyone with an interest in Russian literature, Russian history and culture, legal studies, law and literature, narratology, or metafiction and literary theory.
[more]
cover of What Every Teen Should Know about Texas Law

What Every Teen Should Know about Texas Law

By L. Jean Wallace and Christopher F. Cypert

University of Texas Press, 2018

From reviews of earlier editions:

“Young people get into legal trouble for two reasons: they do not know what the law is, and they do not stop to think about the consequences of their actions. This book would make a good text for a preparation for life class. . . . The book is written in plain language, unencumbered by a lot of legal citations, and with no expectation that the reader will have any working knowledge of the law.”
—Texas Bar Journal

“A book any parent should consider giving their child. . . . But before you do, take a look at it yourself. No matter the title, Wallace’s book . . . contains information everyone . . . should know.”
—Austin American-Statesman

What Every Teen Should Know about Texas Law is the only single-source guide for accurate, easy-to-understand information about most areas of civil law in Texas. L. Jean Wallace drew on years of experience as a students’ attorney at Texas Tech University to inform young adults about the areas of law that affect them most: driving and car ownership, pranks and crimes (including alcohol and drug offenses), personal relationships, employment and consumer concerns, and living on their own. She illustrated her points with true, sometimes humorous, stories of young adults’ encounters with the law.

For this new edition, municipal judge Christopher F. Cypert has completely updated the book to reflect the current state of the law. He covers specific topics that are now mandated to be taught in schools, including the proper way to interact with peace officers during traffic stops and other in-person encounters, as well as internet-era misbehaviors such as sexting and cyberbullying. Like Wallace, Cypert has helped many young people navigate the sometimes confusing processes of the legal world, often loaning earlier editions of this book to young offenders in his court. Both authors’ real-world experience and legal expertise ensure that What Every Teen Should Know about Texas Law is indeed a complete and practical guide for assuming the responsibilities of adulthood—as well as a good refresher course for all legal-age Texans.

[more]
cover of What Happened to Christopher: An American Family's Story of Shaken Baby Syndrome

What Happened to Christopher

An American Family's Story of Shaken Baby Syndrome

Ann-Janine Morey. Foreword by M. Joan McDermott

Southern Illinois University Press, 1998

A tragedy and a trial placed Ann-Janine Morey in an ideal position to write this wrenching exploration of the havoc wreaked on a family by Shaken Baby Syndrome. As an alternate juror in a 1995 murder trial in Murphysboro, Illinois, she observed a case that has become too common: that of an adult caregiver shaking to death a baby. A seasoned researcher and published scholar, in this book Morey witnesses the court proceedings firsthand, comes to know the families of the toddler intimately, and augments her observations and interviews through research into Shaken Baby Syndrome. The result is an agonizingly human tale supported by the evidence of science, sociology, and criminology.

Morey's What Happened to Christopher memorializes the short life of nineteen-month-old Christopher Attig (1992­–1994). To reveal what Christopher meant to those closest to him, Morey conducts extensive interviews with the child's parents and grand-parents. She also interviews the officials involved in the case to set the scene from a legal and police angle. Gary Lynn Gould, who was convicted of and imprisoned for killing Christopher, did not answer Morey's requests for interviews.

Morey characterizes her investigation as a "story of quiet horror because it takes place in a way and a setting that could be any town and many families." Nonetheless, Morey's narrative skill transforms Christopher into much more than an ordinary child, senselessly slain. He is Christopher, irreplaceable and unique. And by the time she reconstructs Christopher's final days and the aftermath of his murder, Morey has depicted the principals in the case so deftly and imbued them with such humanity that we experience their torment and their hope.

Morey also provides a juror's insight into the trial. By showing what happened to Christopher Attig and by presenting the accumulated findings relative to Shaken Baby Syndrome, she seeks through education to help prevent future deaths like Christopher's.


[more]
cover of What Holds Europe Together?

What Holds Europe Together?

Krzysztof Michalski

Central European University Press, 2006

The book addresses contemporary developments in European identity politics as part of a larger historical trajectory of a common European identity based on the idea of 'solidarity.' The authors explain the special sense in which Europeans perceive their obligations to their less fortunate compatriots, to the new East European members, and to the world at large. An understanding of this notion of 'solidarity' is critical to understanding the specific European commitment to social justice and equality. The specificity of this term helps to distinguish between what the Germans call "social state" from the Anglo-Saxon, and particularly American, political and social system focused on capitalism and economic liberalism. This collection is the result of the work of an extremely distinguished group of scholars and politicians, invited by the previous President of the European Union, Romano Prodi, to reflect on some of the most important subjects affecting the future of Europe.
[more]
cover of What Process is Due?: Courts and Science-Policy Disputes

What Process is Due?

Courts and Science-Policy Disputes

David M. O'Brien

Russell Sage Foundation, 1987

Are judges competent to decide complex scientific disputes over toxic chemicals and hazardous wastes? Have courts gone too far in awarding damages to victims? Does the judiciary unreasonably constrain free market forces and usurp power from democratically elected branches of government? What constitutes judicial "due process" in the regulation of health-safety and environmental risks? David O'Brien addresses these and other key questions in a comprehensive survey of the role of courts in resolving science-policy disputes. He theorizes that such disputes, with their burden of scientific uncertainty and intense value conflict, become judicialized in the United States because they pose an uncomfortable trilemma for policy makers: how to accommodate competing demands for scientific certainty, political compromise, and procedural fairness in the regulation of risks. When policy negotiations break down, courts are called on not to settle scientific controversies per se, but in their traditional role as independent tribunals for settling value conflicts and imposing norms in a pluralistic society. This interpretation is enhanced by a unique set of case studies, including DES and asbestos litigation and the ban on Tris (a carcinogenic flame-retardent). O'Brien's analytical framework and his detailed examples illuminate the extent, the implications, and the underlying causes of the judicialization of risk regulation.
[more]
cover of What is to Be Done About Law and Order?: Crisis in the Nineties

What is to Be Done About Law and Order?

Crisis in the Nineties

John Lea and Jock Young

Pluto Press, 1993

The authors look at the connection between democracy and efficiency as they investigate the meaning of law and order. The authors argue that only through a democratically accountable police service can we hope to build up relationships within the inner city.
[more]
cover of What the Anti-Federalists Were For: The Political Thought of the Opponents of the Constitution

What the Anti-Federalists Were For

The Political Thought of the Opponents of the Constitution

Herbert J. Storing

University of Chicago Press, 1981

The Anti-Federalists, in Herbert J. Storing's view, are somewhat paradoxically entitled to be counted among the Founding Fathers and to share in the honor and study devoted to the founding. "If the foundations of the American polity was laid by the Federalists," he writes, "the Anti-Federalist reservations echo through American history; and it is in the dialogue, not merely in the Federalist victory, that the country's principles are to be discovered." It was largely through their efforts, he reminds us, that the Constitution was so quickly amended to include a bill of rights.

Storing here offers a brilliant introduction to the thought and principles of the Anti-Federalists as they were understood by themselves and by other men and women of their time. His comprehensive exposition restores to our understanding the Anti-Federalist share in the founding its effect on some of the enduring themes and tensions of American political life. The concern with big government and infringement of personal liberty one finds in the writings of these neglected Founders strikes a remarkably timely note.
[more]
cover of What the Anti-Federalists Were For: The Political Thought of the Opponents of the Constitution

What the Anti-Federalists Were For

The Political Thought of the Opponents of the Constitution

Herbert J. Storing

University of Chicago Press, 1981

This is an auto-narrated audiobook version of this book. 

The Anti-Federalists, in Herbert J. Storing's view, are somewhat paradoxically entitled to be counted among the Founding Fathers and to share in the honor and study devoted to the founding. "If the foundations of the American polity was laid by the Federalists," he writes, "the Anti-Federalist reservations echo through American history; and it is in the dialogue, not merely in the Federalist victory, that the country's principles are to be discovered." It was largely through their efforts, he reminds us, that the Constitution was so quickly amended to include a bill of rights.

Storing here offers a brilliant introduction to the thought and principles of the Anti-Federalists as they were understood by themselves and by other men and women of their time. His comprehensive exposition restores to our understanding the Anti-Federalist share in the founding its effect on some of the enduring themes and tensions of American political life. The concern with big government and infringement of personal liberty one finds in the writings of these neglected Founders strikes a remarkably timely note.
[more]
cover of What's Wrong with Rights?: Social Movements, Law and Liberal Imaginations

What's Wrong with Rights?

Social Movements, Law and Liberal Imaginations

Radha D'Souza

Pluto Press, 2018

Rights occupy a strange position in global politics. On the one hand, they’re used by business and governments as a justification for globalization—if the spread of corporate capitalism also helps lead to improvements in human rights, then globalization must be good, right? At the same time, though, even those on the left who are skeptical of that discourse tend to hew to a belief in rights themselves, like the right to food, medicine, housing, free speech, assembly, and religion.
            How can these conflicting attitudes towards rights be reconciled? Radha D’Souza lays out the problem and the solution in this book, applying legal thought to human rights to bridge the gap between rights in the abstract and their institutional context. Through close looks at real struggles, D’Souza shows how the left around the world can develop new strategies and tactics to achieve the goals embodied by rights discourse without giving cover to globalization.
[more]
cover of What’s Legit?: Critiques of Law and Strategies of Rights

What’s Legit?

Critiques of Law and Strategies of Rights

Edited by Liza Mattutat, Roberto Nigro, Nadine Schiel, and Heiko Stubenrauch

Diaphanes, 2020

Once considered a stepchild of social theory, legal criticism has recently received a great deal of attention, perpetuating what has always been an ambivalent relationship. On the one hand, law is praised for being a cultural achievement, on the other, it is criticized for being an instrument of state oppression. Legal criticism’s strategies to deal with this ambivalence differ greatly. While some seek to transcend the institution of law altogether, others advocate a transformation of the form of law or try to employ strategies to change the content of law, deconstruct its basis, or invent rights. By presenting a variety of approaches to legal criticism, What’s Legit? highlights transitions and exhibits irreconcilable differences of these approaches. Ultimately, What’s Legit? broadens debates that are all too often conducted only within the boundaries of separate theoretical currents.
[more]
cover of When Charlie Met Joan: The Tragedy of the Chaplin Trials and the Failings of American Law

When Charlie Met Joan

The Tragedy of the Chaplin Trials and the Failings of American Law

Diane Kiesel

University of Michigan Press, 2025

A 2026 PROSE Award Category Winner for Biography and Autobiography

Charlie Chaplin, the silent screen’s “Little Tramp,” was beloved by millions of movie fans until he starred in a series of salacious, real-life federal courtroom dramas. The 1944 trial was described by ace New York Daily News reporter Florabel Muir as “the best show in town.” The leading lady was a woman under contract to his studio—red-haired ingénue Joan Barry, Chaplin’s protégée and former mistress. Although he beat the federal criminal trial, Chaplin lost a paternity case and had to pay child support despite blood type evidence that proved he was not the child’s father. 

A decade later during the Cold War, the U.S. government used the Barry trials as an excuse to bar the left-leaning, sexually adventurous, British-born comic from the country he had called home for forty years. Not only did these trials have a lasting impact on law; they also raise concerns about the power of celebrity, Cold War politics, the media frenzy surrounding high-profile court proceedings, and the sorry history of the casting couch. When Charlie Met Joan examines these trials from the perspective of both parties, asking whether Chaplin was unfairly persecuted by the government because of his left-leaning political beliefs, or if he should have been held more accountable for his cavalier treatment of Barry and other women in his life.

[more]
cover of When Courts and Congress Collide: The Struggle for Control of America's Judicial System

When Courts and Congress Collide

The Struggle for Control of America's Judicial System

Charles Gardner Geyh

University of Michigan Press, 2009


"This is quite simply the best study of judicial independence that I have ever read; it is erudite, historically aware, and politically astute."
-Malcolm M. Feeley, Claire Sanders Clements Dean's Professor, Boalt Hall School of Law, University of California at Berkeley

"Professor Geyh has written a wise and timely book that is informed by the author's broad and deep experience working with the judicial and legislative branches, by the insights of law, history and political science, and by an appreciation of theory and common sense."
-Stephen B. Burbank, David Berger Professor for the Administration of Justice, University of Pennsylvania Law School


With Congress threatening to "go nuclear" over judicial appointments, and lawmakers accusing judges of being "arrogant, out of control, and unaccountable," many pundits see a dim future for the autonomy of America's courts. But do we really understand the balance between judicial independence and Congress's desire to limit judicial reach? Charles Geyh's When Courts and Congress Collide is the most sweeping study of this question to date, and an unprecedented analysis of the relationship between Congress and our federal courts.

Efforts to check the power of the courts have come and gone throughout American history, from the Jeffersonian Congress's struggle to undo the work of the Federalists, to FDR's campaign to pack the Supreme Court, to the epic Senate battles over the Bork and Thomas nominations. If legislators were solely concerned with curbing the courts, Geyh suggests, they would use direct means, such as impeaching uncooperative judges, gerrymandering their jurisdictions, stripping the bench's oversight powers, or slashing judicial budgets. Yet, while Congress has long been willing to influence judicial decision-making indirectly by blocking the appointments of ideologically unacceptable nominees, it has, with only rare exceptions, resisted employing more direct methods of control. When Courts and Congress Collide is the first work to demonstrate that this balance is governed by a "dynamic equilibrium": a constant give-and-take between Congress's desire to control the judiciary and its respect for historical norms of judicial independence.

It is this dynamic equilibrium, Geyh says, rather than what the Supreme Court or the Constitution says about the separation of powers, that defines the limits of the judiciary's independence. When Courts and Congress Collide is a groundbreaking work, requiring all of us to consider whether we are on the verge of radically disrupting our historic balance of governance.

Charles Gardner Geyh is Professor of Law and Charles L. Whistler Faculty Fellow at Indiana University at Bloomington. He has served as director of the American Judicature Society's Center for Judicial Independence, reporter to the American Bar Association Commission on Separation of Powers and Judicial Independence, and counsel to the Judiciary Committee of the U.S. House of Representatives.
[more]
cover of When Formality Works: Authority and Abstraction in Law and Organizations

When Formality Works

Authority and Abstraction in Law and Organizations

Arthur L. Stinchcombe

University of Chicago Press, 2001

In this innovative exploration of the concept of formality, or governing by abstraction, Arthur Stinchcombe breathes new life into an idea that scholars have all but ignored in recent years.

We have come to assume that governing our social activities by advance planning—by creating abstract descriptions of what ought to happen and adjusting these descriptions as situations change—is not as efficient and responsive as dealing directly with the real substance of the situation at hand. Stinchcombe argues the opposite. When a plan is designed to correct itself and keep up with the reality it is meant to govern, it can be remarkably successful. He points out a wide range of examples where this is the case, including architectural blueprints, immigration law, the construction of common law by appeals courts, Fannie Mae's secondary mortgage market, and scientific paradigms and programs.

Arguing that formality has been misconceived as consisting mainly of its defects, Stinchcombe shows how formality, at its best, can serve us much better than ritual obedience to poorly laid plans or a romantic appeal to "real life."
[more]
cover of When Freedom Speaks: The Boundaries and the Boundlessness of Our First Amendment Right

When Freedom Speaks

The Boundaries and the Boundlessness of Our First Amendment Right

Lynn Greenky

Brandeis University Press, 2022

This book makes first amendment issues immediate and contemporary.
 

When Freedom Speaks chronicles the stories behind our First Amendment right to speak our minds. Lynn Levine Greenky’s background as a lawyer, rhetorician, and teacher gives her a unique perspective on the protection we have from laws that abridge our right to the freedom of speech. Rhetoricians focus on language and how it influences perception and moves people to action. Powerfully employing that rhetorical approach, this book explores concepts related to free speech as moral narratives that proscribe the boundaries of our constitutionally protected right. Using the characters and drama embedded in legal cases that elucidate First Amendment principles, When Freedom Speaks makes the concepts easier to understand and clearly applicable to our lives. With a wide range of examples and accessible language, this book is the perfect overview of the First Amendment.


 
[more]
cover of When Kids Get Arrested: What Every Adult Should Know

When Kids Get Arrested

What Every Adult Should Know

Sandra Simkins, Esq.

Rutgers University Press, 2009

Every year, millions of children across the country get arrested. What most adults do not know is that the juvenile justice system has become much more punitive in the last fifteen years. No longer is juvenile court a place where regardless of what happens you get a clean slate when you turn eighteen. Today almost every adjudication of delinquency is accompanied by adult-style fingerprinting, prior record score points, and DNA tests that can stay in a state repository for years. For every stage of the justice system, from arrest to expungement, When Kids Get Arrested gives "top tips" to help adults make the best choices to protect children from long-term negative consequences.

Sandra Simkins provides straight answers to common questions such as:

  • Should I let my child talk to the police without a lawyer?
  • How can I help my child succeed on probation?
  • Should my child admit to the charges or take the case to trial?
  • How will this case impact my child's future? Will it prevent him from getting a job or going into the army?
  • My child has mental health issues. Can the juvenile justice system help?
  • My daughter is out of control. Should I call the police?
  • My son got arrested at school and is now suspended. What should I do next?

Simkins takes complicated legal concepts and breaks them down into easy-to-understand guidelines. She includes information on topics such as police interrogation, detention hearings, and bail, along with state-by-state specifics. When Kids Get Arrested is a perfect resource for parents, social workers, guidance counselors, teachers, principals, coaches, and anyone else who works with children.

[more]
cover of When Law Goes Pop: The Vanishing Line between Law and Popular Culture

When Law Goes Pop

The Vanishing Line between Law and Popular Culture

Richard K. Sherwin

University of Chicago Press, 2000

The past few decades have seen the legal system entering American popular culture like never before, from the media blitzes surrounding high-profile trials to the countless television programs in which judges rule on everyday disputes. What, if anything, does this mean for the legal system itself? According to Richard K. Sherwin, it is a dangerous development—one that threatens to turn law into spectacle, undermining public confidence as legal style and logic begin to resemble advertising and public relations.

"Sherwin offers insightful, intriguing analyses of movies and other cultural products. His examination of legal discourse and popular culture will inform, enlighten, and even entertain."—William Halton, The Law and Politics Book Review

"[Sherwin's] knowledge of how media culture affects the courtroom is valuable, as is his rigorous examination. Can we prevent America's legal system from going 'pop'—losing its legitimacy by becoming just another part of popular culture? Given America's courtroom obsession . . . it's about time someone did some explaining."—Julie Scelfo, Brill's Content

"[A] brilliant analysis of the jury system in our media-saturated age. . . . [D]iscerning readers will see a truly integrative intelligence at work, proposing possible solutions rather than simply bemoaning problems."—Publishers Weekly
[more]
cover of When Protest Becomes Crime: Politics and Law in Liberal Democracies

When Protest Becomes Crime

Politics and Law in Liberal Democracies

Carolijn Terwindt

Pluto Press, 2019

How does protest become criminalised? Applying an anthropological perspective to political and legal conflicts, Carolijn Terwindt urges us to critically question the underlying interests and logic of prosecuting protesters. The book draws upon ethnographic research in Chile, Spain, and the United States to trace prosecutorial narratives in three protracted contentious episodes in liberal democracies. Terwindt examines the conflict between Chilean landowners and the indigenous Mapuche people, the Spanish state and the Basque independence movement, and the United States' criminalisation of 'eco-terrorists.' Exploring how patterns and mechanisms of prosecutorial narrative emerge through distinct political, social and democratic contexts, Terwindt shines a light on how prosecutorial narratives in each episode changed significantly over time. Challenging the law and justice system and warning against relying on criminal law to deal with socio-political conflicts, Terwindt's observations have implications for a wide range of actors and constituencies, including social movement activists, scholars, and prosecutors.
[more]
cover of When Words Lose Their Meaning: Constitutions and Reconstitutions of Language, Character, and Community

When Words Lose Their Meaning

Constitutions and Reconstitutions of Language, Character, and Community

James Boyd White

University of Chicago Press, 1984

Through fresh readings of texts ranging from Homer's Iliad, Swift's Tale of a Tub, and Austen's Emma through the United States Constitution and McCulloch v. Maryland, James Boyd White examines the relationship between an individual mind and its language and culture as well as the "textual community" established between writer and audience. These striking textual analyses develop a rhetoric—a "way of reading" that can be brought to any text but that, in broader terms, becomes a way of learning that can shape the reader's life.

"In this ambitious and demanding work of literary criticism, James Boyd White seeks to communicate 'a sense of reading in a new and different way.' . . . [White's] marriage of lawyerly acumen and classically trained literary sensibility—equally evident in his earlier work, The Legal Imagination—gives the best parts of When Words Lose Their Meaning a gravity and moral earnestness rare in the pages of contemporary literary criticism."—Roger Kimball, American Scholar

"James Boyd White makes a state-of-the-art attempt to enrich legal theory with the insights of modern literary theory. Of its kind, it is a singular and standout achievement. . . . [White's] selections span the whole range of legal, literary, and political offerings, and his writing evidences a sustained and intimate experience with these texts. Writing with natural elegance, White manages to be insightful and inciteful. Throughout, his timely book is energized by an urgent love of literature and law and their liberating potential. His passion and sincerity are palpable."—Allan C. Hutchinson, Yale Law Journal

"Undeniably a unique and significant work. . . . When Words Lose Their Meaning is a rewarding book by a distinguished legal scholar. It is a showcase for the most interesting sort of inter-disciplinary work: the kind that brings together from traditionally separate fields not so much information as ideas and approaches."—R. B. Kershner, Jr., Georgia Review
[more]
cover of While Waiting for Rain: Community, Economy, and Law in a Time of Change

While Waiting for Rain

Community, Economy, and Law in a Time of Change

John Henry Schlegel

University of Michigan Press, 2022

What might a sensible community choose to do if its economy has fallen apart and becoming a ghost town is not an acceptable option? Unfortunately, answers to this question have long been measured against an implicit standard: the postwar economy of the 1950s. After showing why that economy provides an implausible standard—made possible by the lack of economic competition from the European and Asian countries, winners or losers, touched by the war—John Henry Schlegel attempts to answer the question of what to do.

While Waiting for Rain first examines the economic history of the United States as well as that of Buffalo, New York: an appropriate stand-in for any city that may have seen its economy start to fall apart in the 1960s, 70s, and 80s. It makes clear that neither Buffalo nor the United States as a whole has had an economy in the sense of “a persistent market structure that is the fusion of an understanding of economic life with the patterns of behavior within the economic, political, and social institutions that enact that understanding” since both economies collapsed. Next, this book builds a plausible theory of how economic growth might take place by examining the work of the famous urbanist, Jane Jacobs, especially her book Cities and the Wealth of Nations. Her work, like that of many others, emphasizes the importance of innovation for economic growth, but is singular in its insistence that such innovation has to come from local resources. It can neither be bought nor given, even by well-intentioned political actors. As a result Americans generally, as well as locally, are like farmers in the midst of a drought, left to review their resources and wait. Finally, it returns to both the local Buffalo and the national economies to consider what these political units might plausibly do while waiting for an economy to emerge.

[more]
cover of Whispered Consolations: Law and Narrative in African American Life

Whispered Consolations

Law and Narrative in African American Life

Jon-Christian Suggs

University of Michigan Press, 2000

African Americans have experienced life under the rule of law in quite different contexts from those of whites, and they have written about those differences in poems, songs, stories, autobiographies, novels, and memoirs. This book examines the tradition of American law as it appears in African American literary life, from pre-Revolutionary murder trials to gangsta rap. The experience, and the critique it produces, changes our pictures of both American law and African American literature.
This study reads the already canonical works of nineteenth- and twentieth-century black literature in the context of their responses to and critiques of American legal history. At the same time, it examines little known texts of African American life, from the urban humor of James D. Corrothers, through the early political essays of Chester Himes, to the adventures of black comic book heroes like Steel, Wise Son, and Xero. These are contextualized within specific legislation and case law, from the slave laws of early Virginia to the Civil Rights Act of 1964, from the case of Phillis and Mark in 1755 to the Simpson trials of the mid 1990s.
Finally, the legal texts presented are themselves critiqued by the fictions and legal analyses of the African Americans who lived out their implications in their daily lives. Through a positing of the legal and cultural concepts of privacy, property, identity, desire and citizenship, and the romantic ideals of authenticity, irony, and innocence, Suggs is able to show how our understanding of American law should be influenced by African American conceptions of it as depicted through literature.
This book will appeal to students and scholars of literary and cultural studies, law and literature, American history, as well as to scholars of African American literature and culture.
Jon-Christian Suggs is Professor of English, John Jay College, City University of New York.
[more]
cover of Who Deserves to Die?: Constructing the Executable Subject

Who Deserves to Die?

Constructing the Executable Subject

Austin Sarat

University of Massachusetts Press, 2011

How do we select those who will be subject to capital punishment? How do we identify the worst of the worst and decide who among them can and should be executed? Today these questions are more pressing than they have ever been. As the number of people sentenced to death and executed declines in the United States, those who are executed stand out as distinctive kinds of criminals, distinctive kinds of people. Does a death sentence affirm or deny their humanity? Is such a sentence an act of revenge or a carefully calculated act of justice?

These are more than questions for policy and law. They are one way of getting a handle on how our culture understands what makes life worth preserving and of delving into its complex calculus of punishment and retribution. Who Deserves to Die? brings together a distinguished group of death penalty scholars to assess the forms of legal subjectivity and legal community that are supported and constructed by the doctrines and practices of punishment by death in the United States. They help us understand what we do and who we become when we decide who is fit for execution.

In addition to the editors, contributors include Vanessa Barker, Thomas L. Dumm, Daniel Markel, Linda Meyer, Ruth A. Miller, Ravit Reichman, Susan R. Schmeiser, Mateo Taussig-Rubbo, and Robert Weisberg.

[more]
cover of Who Freed the Slaves?: The Fight over the Thirteenth Amendment

Who Freed the Slaves?

The Fight over the Thirteenth Amendment

Leonard L. Richards

University of Chicago Press, 2015

In the popular imagination, slavery in the United States ended with Abraham Lincoln’s Emancipation Proclamation. The Proclamation may have been limited—freeing only slaves within Confederate states who were able to make their way to Union lines—but it is nonetheless generally seen as the key moment, with Lincoln’s leadership setting into motion a train of inevitable events that culminated in the passage of an outright ban: the Thirteenth Amendment.
 
The real story, however, is much more complicated—and dramatic—than that. With Who Freed the Slaves?, distinguished historian Leonard L. Richards tells the little-known story of the battle over the Thirteenth Amendment, and of James Ashley, the unsung Ohio congressman who proposed the amendment and steered it to passage. Taking readers to the floor of Congress and the back rooms where deals were made, Richards brings to life the messy process of legislation—a process made all the more complicated by the bloody war and the deep-rooted fear of black emancipation. We watch as Ashley proposes, fine-tunes, and pushes the amendment even as Lincoln drags his feet, only coming aboard and providing crucial support at the last minute. Even as emancipation became the law of the land, Richards shows, its opponents were already regrouping, beginning what would become a decades-long—and largely successful—fight to limit the amendment’s impact.
 
Who Freed the Slaves? is a masterwork of American history, presenting a surprising, nuanced portrayal of a crucial moment for the nation, one whose effects are still being felt today.
[more]
cover of Who Owns Culture?: Appropriation and Authenticity in American Law

Who Owns Culture?

Appropriation and Authenticity in American Law

Scafidi, Susan

Rutgers University Press, 2005

It is not uncommon for white suburban youths to perform rap music, for New York fashion designers to ransack the world's closets for inspiration, or for Euro-American authors to adopt the voice of a geisha or shaman. But who really owns these art forms? Is it the community in which they were originally generated, or the culture that has absorbed them?

While claims of authenticity or quality may prompt some consumers to seek cultural products at their source, the communities of origin are generally unable to exclude copyists through legal action. Like other works of unincorporated group authorship, cultural products lack protection under our system of intellectual property law. But is this legal vacuum an injustice, the lifeblood of American culture, a historical oversight, a result of administrative incapacity, or all of the above?

Who Owns Culture? offers the first comprehensive analysis of cultural authorship and appropriation within American law. From indigenous art to Linux, Susan Scafidi takes the reader on a tour of the no-man's-land between law and culture, pausing to ask: What prompts us to offer legal protection to works of literature, but not folklore? What does it mean for a creation to belong to a community, especially a diffuse or fractured one? And is our national culture the product of Yankee ingenuity or cultural kleptomania?

Providing new insights to communal authorship, cultural appropriation, intellectual property law, and the formation of American culture, this innovative and accessible guide greatly enriches future legal understanding of cultural production.
[more]
cover of Who Rules the Waves?: Piracy, Overfishing and Mining the Oceans

Who Rules the Waves?

Piracy, Overfishing and Mining the Oceans

Denise Russell

Pluto Press, 2010

With piracy raging in the Indian Ocean, international disputes over undersea oil and gas, and chronic overfishing, the oceans have rarely been subject to such varied and environmentally damaging conflict outside a world war. In Who Rules the Waves? Denise Russell gives us a rare insight into these issues and how they could be resolved.

International law states that a coastal country has territorial rights for 12 miles into the sea beyond its coastline, and economic rights for 200 miles, but in practice many countries have virtually no control over their own waters, and there is no international agency powerful enough to settle disputes. Russell provides a thorough examination of the politics of the sea, showing that without a radical change in ocean governance, accelerating climate change and overuse of the sea's resources is likely to have catastrophic effects.

[more]
cover of Who Tells Your Story: On the Construction of Public Memory

Who Tells Your Story

On the Construction of Public Memory

Sanford Levinson, editor

Duke University Press, 2026

Who Tells Your Story gathers contemporary analyses of monument and commemoration controversies from across the United States and the world. Sanford Levinson and the contributors in this volume ask whose stories get to be told, who gets to tell them, what happens when monuments disappear, and how these memorials impact national narratives. From the removal of Confederate statutes in the United States and those of Lenin in Ukraine to the efficacy of national holidays in furthering the causes they claim to celebrate, these essays dissect how the collaborative process of memorialization brings purported intention, private agenda, and final outcome into constant friction with each other. Who Tells Your Story is an accessible and provoking examination on public memory and what forces shape it.

Contributors: Zachary Bray, Deborah R. Gerhardt, Emily Bradley Greenfield, Randall Kennedy, Aleksandra Kuczyńska-Zonik, Larysa Kurylas, Sanford Levinson, Kimberly Probolus, Kermit Roosevelt III, Anna Saunders, Bruce Scates, Richard C. Schragger, and Agata Tatarenko
[more]
cover of Whose America?: U.S. Immigration Policy since 1980

Whose America?

U.S. Immigration Policy since 1980

Edited by Maria Cristina Garcia and Maddalena Marinari

University of Illinois Press, 2023

A centerpiece of contemporary politics, draconian immigration policies have been long in the making. Maria Cristina Garcia and Maddalena Marinari edit works that examine the post-1980 response of legislation and policy to issues like undocumented immigration, economic shifts, national security, and human rights. Contributors engage with a wide range of ideas, including the effect of the Illegal Immigration Reform and Immigrant Responsibility Act and other laws on the flow of migrants and forms of entry; the impact of neoliberalism and post-Cold War political realignment; the complexities of policing and border enforcement; and the experiences of immigrant groups in communities across the United States.

Up-to-date yet rooted in history, Whose America? provides a sophisticated account of recent immigration policy while mapping the ideological struggle to answer an essential question: which people have the right to make America their home or refuge?

Contributors: Leisy Abrego, Carl Bon Tempo, Julio Capó, Jr., Carly Goodman, Julia Rose Kraut, Monique Laney, Carl Lindskoog, Yael Schacher, and Elliott Young

[more]
cover of Why Our Drug Laws Have Failed and What We Can Do About It: A Judicial Indictment of the War on Drugs

Why Our Drug Laws Have Failed and What We Can Do About It

A Judicial Indictment of the War on Drugs

James Gray

Temple University Press, 2011

Our drug prohibition policy is hopeless, just as Prohibition, our alcohol prohibition policy, was before it. Today there are more drugs in our communities and at lower prices and higher strengths than ever before.

We have built large numbers of prisons, but they are overflowing with non-violent drug offenders. The huge profits made from drug sales are corrupting people and institutions here and abroad. And far from being protected by our drug prohibition policy, our children are being recruited by it to a lifestyle of drug use and drug selling.

Judge Gray’s book drives a stake through the heart of the War on Drugs. After documenting the wide-ranging harms caused by this failed policy, Judge Gray also gives us hope. We have viable options. The author evaluates these options, ranging from education and drug treatment to different strategies for taking the profit out of drug-dealing.

Many officials will not say publicly what they acknowledge privately about the failure of the War on Drugs. Politicians especially are afraid of not appearing "tough on drugs." But Judge Gray’s conclusions as a veteran trial judge and former federal prosecutor are reinforced by the testimonies of more than forty other judges nationwide.

[more]
cover of Why Surgeons Struggle with Work-Hour Reforms

Why Surgeons Struggle with Work-Hour Reforms

James E. Coverdill

Vanderbilt University Press, 2021

On July 1, 2003, work-hour reforms were enacted nationally for the roughly 129,000 resident physicians in the United States. The reforms limit weekly work hours (a maximum of eighty per week) and in-hospital call (no more than once every three nights), mandate days free of clinical and educational obligations (one day in seven), and regulate other aspects of resident work life.

Why Surgeons Struggle with Work-Hour Reforms focuses on general surgeons, a historically long-hour specialty, who fiercely opposed the reforms and are among the least compliant. Why do surgeons struggle with the reforms? Why do they continue to work long hours and view the act of doing so as reasonable if not quintessentially professional? Although the analysis is situated in the growing scientific literature on the consequences of fatigue, the authors do not adjudicate between the claims of surgeons and reform advocates about the effects of long work hours on patient or provider safety. Rather, the aim is to explore and explain how aspects of the occupational culture of surgeons and the social organization of surgical training and practice interlock to impede the reforms.
[more]
cover of Why the Law Is So Perverse

Why the Law Is So Perverse

Leo Katz

University of Chicago Press, 2011

Conundrums, puzzles, and perversities: these are Leo Katz’s stock-in-trade, and in Why the Law Is So Perverse, he focuses on four fundamental features of our legal system, all of which seem to not make sense on some level and to demand explanation. First, legal decisions are essentially made in an either/or fashion—guilty or not guilty, liable or not liable, either it’s a contract or it’s not—but reality is rarely as clear-cut. Why aren’t there any in-between verdicts? Second, the law is full of loopholes. No one seems to like them, but somehow they cannot be made to disappear. Why? Third, legal systems are loath to punish certain kinds of highly immoral conduct while prosecuting other far less pernicious behaviors. What makes a villainy a felony? Finally, why does the law often prohibit what are sometimes called win-win transactions, such as organ sales or surrogacy contracts?

           

Katz asserts that these perversions arise out of a cluster of logical difficulties related to multicriterial decision making. The discovery of these difficulties dates back to Condorcet’s eighteenth-century exploration of voting rules, which marked the beginning of what we know today as social choice theory. Condorcet’s voting cycles, Arrow’s Theorem, Sen’s Libertarian Paradox—every seeming perversity of the law turns out to be the counterpart of one of the many voting paradoxes that lie at the heart of social choice. Katz’s lucid explanations and apt examples show why they resist any easy resolutions.

           

The New York Times Book Review called Katz’s first book “a fascinating romp through the philosophical side of the law.” Why the Law Is So Perverse is sure to provide its readers a similar experience.

[more]
cover of Wildlife Crime: From Theory to Practice

Wildlife Crime

From Theory to Practice

William D.Moreto

Temple University Press, 2018

The editors and contributors to Wildlife Crime examine topical issues from extinction to trafficking in order to understand the ecological, economic, political, and social costs and consequences of these crimes. Drawing from diverse theoretical perspectives, empirical and methodological developments, and on-the-ground experiences of practitioners, this comprehensive volume looks at how conservationists and law enforcement grapple with and combat environmental crimes and the profitable market for illegal trade. 

Chapters cover criminological perspectives on species poaching, unregulated fishing, the trading of ivory and rhino horns, the adoption of conservation technologies, and ranger workplaces and conditions. The book includes firsthand experiences and research from China, Indonesia, Kenya, Madagascar, Morocco, Peru, Russia, South Africa, Tanzania, and the United States. The result is a significant book about the causes of and response to wildlife crime. 

Contributors include: Johan Bergenas, Avi Brisman, Craig Forsyth, Meredith Gore, Georg Jaster, Alex Killion, Kasey Kinnard, Antony C. Leberatto, Barney Long, Nerea Marteache, Gohar Petrossian, Jonah Ratsimbazafy, Gary Roloff, Viviane Seyranian, Louise Shelley, Rohit Singh, Nicole Sintov, Nigel South, Milind Tambe, Daan van Uhm, Greg Warchol, Rodger Watson, Rob White, Madelon Willemsen, and the editor.

[more]
cover of Wildlife as Property Owners: A New Conception of Animal Rights

Wildlife as Property Owners

A New Conception of Animal Rights

Karen Bradshaw

University of Chicago Press, 2020

Humankind coexists with every other living thing. People drink the same water, breathe the same air, and share the same land as other animals. Yet, property law reflects a general assumption that only people can own land. The effects of this presumption are disastrous for wildlife and humans alike. The alarm bells ringing about biodiversity loss are growing louder, and the possibility of mass extinction is real. Anthropocentric property is a key driver of biodiversity loss, a silent killer of species worldwide. But as law and sustainability scholar Karen Bradshaw shows, if excluding animals from a legal right to own land is causing their destruction, extending the legal right to own property to wildlife may prove its salvation. Wildlife as Property Owners advocates for folding animals into our existing system of property law, giving them the opportunity to own land just as humans do—to the betterment of all.
[more]
[more]
cover of Wisconsin Sentencing in the Tough-on-Crime Era: How Judges Retained Power and Why Mass Incarceration Happened Anyway

Wisconsin Sentencing in the Tough-on-Crime Era

How Judges Retained Power and Why Mass Incarceration Happened Anyway

Michael O'Hear

University of Wisconsin Press, 2021

The dramatic increase in U.S. prison populations since the 1970s is often blamed on the mandatory sentencing required by "three strikes" laws and other punitive crime bills. Michael O'Hear shows that the blame is actually not so easily assigned. His meticulous analysis of incarceration in Wisconsin—a state where judges have considerable discretion in sentencing—explores the reasons why the prison population has ballooned nearly tenfold over the past forty years.

O'Hear tracks the effects of sentencing laws and politics in Wisconsin from the eve of the imprisonment boom in 1970 up to the 2010s. Drawing on archival research, original public-opinion polling, and interviews with dozens of key policymakers, he reveals important dimensions that have been missed by others. He draws out lessons from the Wisconsin experience for the United States as a whole, where mass incarceration has cost taxpayers billions of dollars and caused untold misery to millions of inmates and their families.
[more]
cover of Wisconsin and the Shaping of American Law

Wisconsin and the Shaping of American Law

Joseph A. Ranney

University of Wisconsin Press, 2017

State laws affect nearly every aspect of our daily lives—our safety, personal relationships, and business dealings—but receive less scholarly attention than federal laws and courts. Joseph A. Ranney looks at how state laws have evolved and shaped American history, through the lens of the historically influential state of Wisconsin.

Organized around periods of social need and turmoil, the book considers the role of states as legal laboratories in establishing American authority west of the Appalachians, in both implementing and limiting Jacksonian reforms and in navigating legal crises before and during the Civil War—including Wisconsin's invocation of sovereignty to defy federal fugitive slave laws. Ranney also surveys judicial revolts, the reforms of the Progressive era, and legislative responses to struggles for civil rights by immigrants, women, Native Americans, and minorities in the nineteenth and twentieth centuries. Since the 1960s, battles have been fought at the state level over such issues as school vouchers, voting, and abortion rights.

[more]
cover of With All Deliberate Speed: Implementing Brown v. Board of Education

With All Deliberate Speed

Implementing Brown v. Board of Education

Brian J. Daugherity

University of Arkansas Press, 2008

This is the first effort to provide a broad assessment of how well the Brown v. Board of Education decision that declared an end to segregated schools in the United States was implemented. Written by a distinguished group of historians, the twelve essays in this collection examine how African Americans and their supporters in twelve states—Arkansas, North Carolina, Virginia, South Carolina, Georgia, Mississippi, Florida, Delaware, Missouri, Indiana, Nevada, and Wisconsin—dealt with the Court’s mandate to desegregate “with all deliberate speed.” The process followed many diverse paths.
 
Some of the common themes in these efforts were the importance of black activism, especially the crucial role played by the NAACP; entrenched white opposition to school integration, which wasn’t just a southern state issue, as is shown in Delaware, Wisconsin, and Indiana; and the role of the federal government, a sometimes inconstant and sometimes reluctant source of support for implementing Brown.
[more]
cover of With All Deliberate Speed: The Life of Philip Elman

With All Deliberate Speed

The Life of Philip Elman

Norman I. Silber

University of Michigan Press, 2004

"With All Deliberate Speed is just wonderful. It gives the reader fascinating insights into the Roosevelt era, the Supreme Court, the Justice Department. It is funny, and endearingly human. Three cheers!"
-Anthony Lewis, New York Times columnist, and Pulitzer Prize-winning
author of Gideon's Trumpet

"The fascinating, eloquent, and skillfully edited oral memoir of a distinguished public servant, who was at the epicenter of major legal controversies that his memoir illuminates. A major contribution to modern American legal history."
-Richard A. Posner

"With All Deliberate Speed provides an insider's rich account, spanning over thirty years, of the inner workings of the Supreme Court, the Solicitor General's Office and the Federal Trade Commission that anyone seriously interested in a frank behind-the-scenes view of the federal government should find exceptionally provocative and intriguing"
-Drew Days III, Alfred M. Rankin Professor of Law, Yale University, and former Solicitor General of the United States, 1993-96


From a modest childhood in Patterson, N. J., Philip Elman rose to become clerk for the great Supreme Court Justice Felix Frankfurter, and then to a position in the U.S. Solicitor General's Office. As a member of that office, Philip Elman had an exceptional vantage point on one of the most momentous cases in U.S. Supreme Court history: Brown v. Board of Education.

In this oral history memoir of Elman's life, With All Deliberate Speed, author Norman I. Silber reveals the maneuvering that led to the Court's overturning the doctrine of "separate but equal." Working behind the scenes, it was Justice Department attorney Elman who came up with the concept of gradual integration-an idea that worked its way into the final decision as the famous phrase "with all deliberate speed." Though this expression angered those pressing for immediate desegregation, Elman claims that it unified a divided Court, thus enabling them to stand together against the evil of segregation.

With All Deliberate Speed records a decisive moment in Supreme Court history, but it is also Philip Elman's unforgettable oral memoir-the story of his entire career in government service, including his work with Attorney General Robert F. Kennedy as commissioner of the FTC, and his role in founding the modern consumer protection movement, which includes the antismoking campaign that put the Surgeon General's warning on cigarette packs.

At once rich historical testimony and a gripping read, With All Deliberate Speed offers a rarely glimpsed insider's understanding of the politics of the American legal system.

[more]
cover of Witness Lab: Performance and the Law

Witness Lab

Performance and the Law

Courtney McClellan

Michigan Publishing Services, 2020

No Information
[more]
cover of Wives Not Slaves: Patriarchy and Modernity in the Age of Revolutions

Wives Not Slaves

Patriarchy and Modernity in the Age of Revolutions

Kirsten Sword

University of Chicago Press, 2021

Wives not Slaves begins with the story of John and Eunice Davis, a colonial American couple who, in 1762, advertised their marital difficulties in the New Hampshire Gazette—a more common practice for the time and place than contemporary readers might think. John Davis began the exchange after Eunice left him, with a notice resembling the ads about runaway slaves and servants that were a common feature of eighteenth-century newspapers. John warned neighbors against “entertaining her or harbouring her. . . or giving her credit.” Eunice defiantly replied, “If I am your wife, I am not your slave.” With this pointed but problematic analogy, Eunice connected her individual challenge to her husband’s authority with the broader critiques of patriarchal power found in the politics, religion, and literature of the British Atlantic world.

Kirsten Sword’s richly researched history reconstructs the stories of wives who fled their husbands between the mid-seventeenth and early nineteenth centuries, comparing their plight with that of other runaway dependents.  Wives not Slaves explores the links between local justice, the emerging press, and transatlantic political debates about marriage, slavery and imperial power. Sword traces the relationship between the distress of ordinary households, domestic unrest, and political unrest, shedding new light on the social changes imagined by eighteenth-century revolutionaries, and on the politics that determined which patriarchal forms and customs the new American nation would—and would not—abolish.
[more]
cover of Women Lawyers and the Origins of Professional Identity in America: The Letters of the Equity Club, 1886 to 1890

Women Lawyers and the Origins of Professional Identity in America

The Letters of the Equity Club, 1886 to 1890

Virginia G. Drachman

University of Michigan Press, 1993

The first women lawyers in America, like many of their twentieth-century counterparts, had to reconcile the traditional roles assigned to women with their roles as lawyers. In 1886, a group of women students and recent alumnae of the University of Michigan Law School founded the Equity Club, a correspondence club for women lawyers and law students across the country who were trying to overcome geographic isolation. The Equity Club became the first organization in the United States to forge professional links between women lawyers, and its founding marks the origins of a collective identity among these new professionals. The letters reprinted in Women Lawyers and the Origins of Professional Identity in America reveal the challenges the first women lawyers faced and reflect the diverse opinions they held on the common issues confronting them. Some contended that women should be lawyers on the same terms as men, while others argued that they could bring something special to the profession—like morality, purity, ethics, and humanity—in contrast to the purely business and commercial qualities of law as practiced by men. The discovery and publication of these letters fill a void in the documentary history of the legal profession and the history of women in America. The introductory essay and the biographical information provided about the lives of the members of the Equity Club help to place the letters in the larger contexts of those histories. Women Lawyers and the Origins of Professional Identity in America will prove enlightening to practicing lawyers, who will find that even a hundred years later, many of the letters have remarkable relevance. Scholars and students in women's history, American studies, sociology, and legal history will also find it a valuable resource.
[more]
cover of Women and the Law

Women and the Law

Susan Atkins and Brenda Hoggett

University of London Press, 2018

Women and the Law is a pioneering study of the way in which the law has treated women – at work, in the family, in matters of sexuality and fertility, and in public life. It was first published in 1984 by Susan Atkins and Brenda Hoggett, then University teachers. The authors examine the origins of British law’s attitude to women, trace the development of the law and ways in which it reflects the influence of economic, social and political forces and the dominance of men. They illustrate the tendency, despite formal equality, for deep-rooted problems of encoded gender inequality to remain. Since 1984 the authors have achieved distinguished careers in law and public service. This 2018 Open Access edition provides a timely opportunity to revisit their ground-breaking analysis and reflect on how much has changed, and how much has stayed the same. 
[more]
cover of Women in Revolutionary Paris, 1789-1795

Women in Revolutionary Paris, 1789-1795

Edited and translated by Darlene Gay Levy, Harriet Branson Applewhite, and Mary Durham Johnson

University of Illinois Press, 1979

200 years ago, the women of revolutionary Paris were demanding legal equality in marriage; educational opportunities for girls, including vocational training; public instruction, licensing, and support for midwives; guarantees for women's rights to employment; and an end to the exclusion of women from certain professions. The editors have uncovered, translated, and annotated sixty documents which shed light on these and other socioeconomic struggles by women and their impact on the French Revolutionary era. This work makes a significant contribution to the growing appreciation of the role of women in history, politics, ideology, and social change.
 
"This unique collection of documents will be a boon to teachers of history and to scholars of the French Revolution. . . . Recommended."
-- Library Journal
 
 
[more]
cover of Women's Lives in Colonial Quito: Gender, Law, and Economy in Spanish America

Women's Lives in Colonial Quito

Gender, Law, and Economy in Spanish America

By Kimberly Gauderman

University of Texas Press, 2003

What did it mean to be a woman in colonial Spanish America? Given the many advances in women's rights since the nineteenth century, we might assume that colonial women had few rights and were fully subordinated to male authority in the family and in society—but we'd be wrong. In this provocative study, Kimberly Gauderman undermines the long-accepted patriarchal model of colonial society by uncovering the active participation of indigenous, mestiza, and Spanish women of all social classes in many aspects of civil life in seventeenth-century Quito.

Gauderman draws on records of criminal and civil proceedings, notarial records, and city council records to reveal women's use of legal and extra-legal means to achieve personal and economic goals; their often successful attempts to confront men's physical violence, adultery, lack of financial support, and broken promises of marriage; women's control over property; and their participation in the local, interregional, and international economies. This research clearly demonstrates that authority in colonial society was less hierarchical and more decentralized than the patriarchal model suggests, which gave women substantial control over economic and social resources.

[more]