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

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Women, Gays, and the Constitution

The Grounds for Feminism and Gay Rights in Culture and Law

David A. J. Richards

University of Chicago Press, 1998

In this remarkable study, David A. J. Richards combines an interpretive history of culture and law, political philosophy, and constitutional analysis to explain the background, development, and growing impact of two of the most important and challenging human rights movements of our time, feminism and gay rights.

Richards argues that both movements are extensions of rights-based dissent, rooted in antebellum abolitionist feminism that condemned both American racism and sexism. He sees the progressive role of such radical dissent as an emancipated moral voice in the American constitutional tradition. He examines the role of dissident African Americans, Jews, women, and homosexuals in forging alternative visions of rights-based democracy. He also draws special attention to Walt Whitman's visionary poetry, showing how it made space for the silenced and subjugated voices of homosexuals in public and private culture.

According to Richards, contemporary feminism rediscovers and elaborates this earlier tradition. And, similarly, the movement for gay rights builds upon an interpretation of abolitionist feminism developed by Whitman in his defense, both in poetry and prose, of love between men. Richards explores Whitman's impact on pro-gay advocates, including John Addington Symonds, Havelock Ellis, Edward Carpenter, Oscar Wilde, and André Gide. He also discusses other diverse writers and reformers such as Margaret Sanger, Franz Boas, Elizabeth Stanton, W. E. B. DuBois, and Adrienne Rich.

Richards addresses current controversies such as the exclusion of homosexuals from the military and from the right to marriage and concludes with a powerful defense of the struggle for such constitutional rights in terms of the principles of rights-based feminism.

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Women, Money, and the Law

Nineteenth-Century Fiction, Gender, and the Courts

Joyce W. Warren

University of Iowa Press, 2005

Did 19th-century American women have money of their own? To answer this question, Women, Money, and the Law looks at the public and private stories of individual women within the context of American culture, assessing how legal and cultural traditions affected women's lives, particularly with respect to class and racial differences, and analyzing the ways in which women were involved in economic matters. Joyce Warren has uncovered a vast, untapped archive of legal documents from the New York Supreme Court that had been expunged from the official record. By exploring hundreds of court cases involving women litigants between 1845 and 1875--women whose stories had, in effect, been erased from history--and by studying the lives and works of a wide selection of 19th-century women writers, Warren has found convincing evidence of women's involvement with money. The court cases show that in spite of the most egregious gender restrictions of law and custom, many 19th-century women lived independently, coping with the legal and economic restraints of their culture while making money for themselves and often for their families as well. They managed their lives and their money with courage and tenacity and fractured constructed gender identities by their lived experience. Many women writers, even when they did not publicly advocate economic independence for women, supported themselves and their families throughout their writing careers and in their fiction portrayed the importance of money in women's lives. Women from all backgrounds--some defeated through ignorance and placidity, others as ruthless and callous as the most hardened businessmen--were in fact very much a part of the money economy. Together, the evidence of the court cases and the writers runs counter to the official narrative, which scripted women as economically dependent and financially uninvolved. Warren provides an illuminating counternarrative that significantly questions contemporary assumptions about the lives of 19th-century women. Women, Money, and the Law is an important corrective to the traditional view and will fascinate scholars and students in women's studies, literary studies, and legal history as well as the general reader.

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Work and the Carceral State

Jon Burnett

Pluto Press, 2022

'Revolutionises our understanding of the carceral state' - Fidelis Chebe, Director of Migrant Action

During 2019-20 in England and Wales, over 17 million hours of labor were carried out by more than 12,500 people incarcerated in prisons, while many people in immigration detention centers were also put to work. These people constitute a sub-waged, captive workforce who are frequently discarded by the state when done with.

Work and the Carceral State examines these forms of work as part of a broader exploration of the relationship between criminalization, criminal justice, immigration policy and labor, tracing their lineage through the histories of transportation and banishment, of houses of correction and prisons, to the contemporary production of work.

Criminalization has been used to enforce work and to discipline labor throughout the history of England and Wales. This book demands that we recognise the carceral state as operating at the frontier of labor control in the 21st century.

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Workers against the City

The Fight for Free Speech in Hague v. CIO

Donald W. Rogers

University of Illinois Press, 2020

The 1939 Supreme Court decision Hague v. CIO was a constitutional milestone that strengthened the right of Americans, including labor organizers, to assemble and speak in public places. Donald W. Rogers eschews the prevailing view of the case as a morality play pitting Jersey City, New Jersey, political boss Frank Hague against the Committee for Industrial Organization (CIO) and allied civil libertarian groups. Instead, he draws on a wide range of archives and evidence to re-evaluate Hague v. CIO from the ground up. Rogers's review of the case from district court to the Supreme Court illuminates the trial proceedings and provides perspectives from both sides. As he shows, the economic, political, and legal restructuring of the 1930s refined constitutional rights as much as the court case did. The final decision also revealed that assembly and speech rights change according to how judges and lawmakers act within the circumstances of a given moment.

Clear-eyed and comprehensive, Workers against the City revises the view of a milestone case that continues to impact Americans' constitutional rights today.

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Working Law

Courts, Corporations, and Symbolic Civil Rights

Lauren B. Edelman

University of Chicago Press, 2016

Since the passage of the Civil Rights Act, virtually all companies have antidiscrimination policies in place. Although these policies represent some progress, women and minorities remain underrepresented within the workplace as a whole and even more so when you look at high-level positions. They also tend to be less well paid. How is it that discrimination remains so prevalent in the American workplace despite the widespread adoption of policies designed to prevent it?

One reason for the limited success of antidiscrimination policies, argues Lauren B. Edelman, is that the law regulating companies is broad and ambiguous, and managers therefore play a critical role in shaping what it means in daily practice. Often, what results are policies and procedures that are largely symbolic and fail to dispel long-standing patterns of discrimination. Even more troubling, these meanings of the law that evolve within companies tend to eventually make their way back into the legal domain, inconspicuously influencing lawyers for both plaintiffs and defendants and even judges. When courts look to the presence of antidiscrimination policies and personnel manuals to infer fair practices and to the presence of diversity training programs without examining whether these policies are effective in combating discrimination and achieving racial and gender diversity, they wind up condoning practices that deviate considerably from the legal ideals.

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Working the Street

Police Discretion and the Dilemmas of Reform

Michael K. Brown

Russell Sage Foundation, 1981

Now available in paperback, this provocative study examines the street-level decisions made by police, caught between a sometimes hostile community and a maze of departmental regulations. Probing the dynamics of three sample police departments, Brown reveals the factors that shape how officers wield their powers of discretion. Chief among these factors, he contends, is the highly bureaucratic organization of the modern police department. A new epilogue, prepared for this edition, focuses on the structure and operation of urban police forces in the 1980s. "Add this book to the short list of important analyses of the police at work....Places the difficult job of policing firmly within its political, organizational, and professional constraints...Worth reading and thinking about." —Crime & Delinquency "An excellent contribution...Adds significantly to our understanding of contemporary police." —Sociology "A critical analysis of policing as a social and political phenomenon....A major contribution." —Choice

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World Politics and International Law

Francis Anthony Boyle

Duke University Press, 1985

This work tries to bridge the gap between international lawyers and those political scientists who write about international politics. In the first part, the author discusses the influence of Professor Morgenthau's realist school on the current thinking of political scientists and the abandonment of this school by its originator in the last years of his life. The author concludes that the best way to test the validity of different approaches is to discuss various international crises in the light of contrasting theories and to analyze each situation from both the legal and political points of view. In particular, he tries to ascertain to what extent vital national interests could be accommodated within an international legal framework, or could require a distortion of international rules in order to achieve national objectives.

In the second part, the author dissects the Entebbe raid, where Israeli forces rescued a group of hostages being detained by hijackers at a Ugandan airport. His analysis shows the deficiencies of the international system in dealing with such a complex issue, where several contradictory principles of international law could be applied and were defended by various protagonists.

The third part starts with a parallel problem--the Iranian hostages crisis, where a group of U.S. officials found themselves in an unprecedented situation of being captured by a band of students. A critical analysis of the handling of this problem by the Carter Administration is followed by vignettes of other crises faced by the Administration and by its successor, the Reagan Administration. This part is less analytical and more prescriptive. The author is no long satisfied with pointing out what went wrong; instead, he departs from the usual hands-off policy of political scientists and tries to indicate how much better each situation could have been handled if the decision makers had been paying more attention to international law and international organizations. The theme is slowly developed that in the long run national interest is better served not by practicing power politics and relying on the use of threat of force but by strengthening those international institutions that can provide a neutral environment for first slowing down a crisis and then finding an equitable solution acceptable to most of the parties in conflict.

The value of this book lies primarily in giving the reader a real insight into several important issues of today that are familiar to most people only from newspaper headlines and television news. While not everybody can agree with all his criticisms of the mistakes of various governments, there is an honest attempt by the author to present issues impartially and to let the blame fall where it may. Being both an international lawyer and a political scientist, the author has had the advantage of combining the methodology of these two social sciences into a rich tapestry with some startling shades and tones.

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Worse than the Devil

Anarchists, Clarence Darrow, and Justice in a Time of Terror

Dean A. Strang

University of Wisconsin Press, 2013

In 1917 a bomb exploded in a Milwaukee police station, killing nine officers and a civilian. Those responsible never were apprehended, but police, press, and public all assumed that the perpetrators were Italian. Days later, eleven alleged Italian anarchists went to trial on unrelated charges involving a fracas that had occurred two months before. Against the backdrop of World War I, and amidst a prevailing hatred and fear of radical immigrants, the Italians had an unfair trial. The specter of the larger, uncharged crime of the bombing haunted the proceedings and assured convictions of all eleven. Although Clarence Darrow led an appeal that gained freedom for most of the convicted, the celebrated lawyer's methods themselves were deeply suspect. The entire case left a dark, if hidden, stain on American justice.

Largely overlooked for almost a century, the compelling story of this case emerges vividly in this meticulously researched book by Dean A. Strang. In its focus on a moment when patriotism, nativism, and terror swept the nation, Worse than the Devil exposes broad concerns that persist even today as the United States continues to struggle with administering criminal justice to newcomers and outsiders.

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Worse than the Devil

Anarchists, Clarence Darrow, and Justice in a Time of Terror

Dean A. Strang

University of Wisconsin Press, 2016

In 1917 a bomb exploded in a Milwaukee police station, killing nine officers and a civilian. Days later, a trial began for eleven Italian immigrants who had already been in jail for months for an unrelated riot. The specter of the bombing, for which no one had been arrested, haunted the proceedings. Against the backdrop of World War I and amid a prevailing hatred and fear of radical immigrants and anarchists, the Italians had an unfair trial. Famed attorney Clarence Darrow led an appeal that gained freedom for most of the convicted, but his own methods were deeply suspect. The entire case left a dark, though largely forgotten, stain on American justice.

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Wrestling with Diversity

Sanford Levinson

Duke University Press, 2003

“Diversity” has become a mantra within discussions of university admissions policies and many other arenas of American society. In the essays collected here, Sanford Levinson, a leading scholar of constitutional law and American government, wrestles with various notions of diversity. He begins by explaining why he finds the concept to be almost useless as a genuine guide to public policy. Discussing affirmative action in university admissions, including the now famous University of Michigan Law School case, he argues both that there may be good reasons to use preferences—including race and ethnicity—and that these reasons have relatively little to do with any cogently developed theory of diversity. Distinguished by Levinson’s characteristic open-mindedness and willingness to tease out the full implications of various claims, each of these nine essays, written over the past decade, develops a case study focusing on a particular aspect of public life in a richly diverse, and sometimes bitterly divided, society.

Although most discussions of diversity have focused on race and ethnicity, Levinson is particularly interested in religious diversity and its implications. Why, he asks, do arguments for racial and ethnic diversity not also counsel a concern to achieve religious diversity within a student body? He considers the propriety of judges drawing on their religious views in making legal decisions and the kinds of questions Senators should feel free to ask nominees to the federal judiciary who have proclaimed the importance of their religion in structuring their own lives. In exploring the sense in which Sandy Koufax can be said to be a “Jewish baseball player,” he engages in broad reflections on professional identity. He asks whether it is desirable, or even possible, to subordinate merely "personal" aspects of one’s identity—religion, political viewpoints, gender—to the impersonal demands of the professional role. Wrestling with Diversity is a powerful interrogation of the assumptions and contradictions underlying public life in a multicultural world.

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Wrestling with God

The Courts' Tortuous Treatment of Religion

Patrick M. Garry

Catholic University of America Press, 2006

Courts have often treated the two religion clauses of the First Amendment as contradictory, with the free exercise clause used to protect religious practices and the establishment clause employed to limit the public expression of religious beliefs. Wrestling with God not only reconciles the relationship between the two clauses but also distinguishes them in terms of their respective purposes.

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Writing, Law, and Kingship in Old Babylonian Mesopotamia

Dominique Charpin

University of Chicago Press, 2010

Ancient Mesopotamia, the fertile crescent between the Tigris and Euphrates rivers in what is now western Iraq and eastern Syria, is considered to be the cradle of civilization—home of the Babylonian and Assyrian empires, as well as the great Code of Hammurabi. The Code was only part of a rich juridical culture from 2200–1600 BCE that saw the invention of writing and the development of its relationship to law, among other remarkable firsts.

Though ancient history offers inexhaustible riches, Dominique Charpin focuses here on the legal systems of Old Babylonian Mesopotamia and offers considerable insight into how writing and the law evolved together to forge the principles of authority, precedent, and documentation that dominate us to this day. As legal codes throughout the region evolved through advances in cuneiform writing, kings and governments were able to stabilize their control over distant realms and impose a common language—which gave rise to complex social systems overseen by magistrates, judges, and scribes that eventually became the vast empires of history books. Sure to attract any reader with an interest in the ancient Near East, as well as rhetoric, legal history, and classical studies, this book is an innovative account of the intertwined histories of law and language.

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Wrong-Doing, Truth-Telling

The Function of Avowal in Justice

Michel Foucault

University of Chicago Press, 2014

Three years before his death, Michel Foucault delivered a series of lectures at the Catholic University of Louvain that until recently remained almost unknown. These lectures—which focus on the role of avowal, or confession, in the determination of truth and justice—provide the missing link between Foucault’s early work on madness, delinquency, and sexuality and his later explorations of subjectivity in Greek and Roman antiquity.

Ranging broadly from Homer to the twentieth century, Foucault traces the early use of truth-telling in ancient Greece and follows it through to practices of self-examination in monastic times. By the nineteenth century, the avowal of wrongdoing was no longer sufficient to satisfy the call for justice; there remained the question of who the “criminal” was and what formative factors contributed to his wrong-doing. The call for psychiatric expertise marked the birth of the discipline of psychiatry in the nineteenth and twentieth centuries as well as its widespread recognition as the foundation of criminology and modern criminal justice.

Published here for the first time, the 1981 lectures have been superbly translated by Stephen W. Sawyer and expertly edited and extensively annotated by Fabienne Brion and Bernard E. Harcourt. They are accompanied by two contemporaneous interviews with Foucault in which he elaborates on a number of the key themes. An essential companion to Discipline and Punish, Wrong-Doing, Truth-Telling will take its place as one of the most significant works of Foucault to appear in decades, and will be necessary reading for all those interested in his thought.

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Wrongful Conviction

International Perspectives on Miscarriages of Justice

edited by C. Ronald Huff and Martin Killias

Temple University Press, 2009

Imperfections in the criminal justice system have long intrigued the general public and worried scholars and legal practitioners. In Wrongful Conviction, criminologists C. Ronald Huff and Martin Killias present an important collection of essays that analyzes cases of injustice across an array of legal systems, with contributors from North America, Europe and Israel. This collection includes a number of well-developed public-policy recommendations intended to reduce the instances of courts punishing innocents. It also offers suggestions for compensating more fairly those who are wrongfully convicted.

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