460 books match the query 'Law and legislation' and 30 start with a

cover of A Body of One's Own: A Trans History of Argentina

A Body of One's Own

A Trans History of Argentina

Patricio Simonetto

University of Texas Press, 2024

2026 Silver Medal for the Best LGBTQ+ Themed Book, Conference on Latin American History (CLAH)
2026 Honorable Mention, Book Award, Social History Society
2025 Best Book in Social Sciences Award, Southern Cone Section, Latin American Studies Association
2024 Sylvia Rivera Award in Transgender Studies, The Center for LGBTQ Studies at the Graduate Center, CUNY

A history of Argentina that examines how trans bodies were understood, policed, and shaped in a country that banned medically assisted gender affirmation practices and punished trans lives.

As a trans history of Argentina, a country that banned medically assisted gender affirmation practices and punished trans lives, A Body of One’s Own places the histories of trans bodies at the core of modern Argentinian history. Patricio Simonetto documents the lives of people who crossed the boundaries of gender from the early twentieth century to the present. Based on extensive archival research in public and community-based archives, this book explores the mainstream medical and media portrayals of trans or travesti people, the state policing of gender embodiment, the experiences of those transgressing the boundaries of gender, and the development of homemade technologies from prosthetics to the self-injection of silicone. A Body of One's Own explores how trans activists' challenges to the exclusionary effects of Argentina’s legal, cultural, social, and political cisgender order led to the passage of the Gender Identity Law in 2012. Analyzing the decisive yet overlooked impact of gender transformation in the formation of the nation-state, gender-belonging, and citizenship, this book ultimately shows that supposedly abstract struggles to define the shifting notions of "sex," citizenship, and nationhood are embodied material experiences.

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cover of A Century of Repression: The Espionage Act and Freedom of the Press

A Century of Repression

The Espionage Act and Freedom of the Press

Ralph Engelman and Carey Shenkman

University of Illinois Press, 2022

A Century of Repression offers an unprecedented and panoramic history of the use of the Espionage Act of 1917 as the most important yet least understood law threatening freedom of the press in modern American history. It details government use of the Act to control information about U.S. military and foreign policy during the two World Wars, the Cold War, and the War on Terror. The Act has provided cover for the settling of political scores, illegal break-ins, and prosecutorial misconduct.
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cover of A Death of One's Own: Literature, Law, and the Right to Die

A Death of One's Own

Literature, Law, and the Right to Die

Jared Stark

Northwestern University Press, 2018

To be or not to be—who asks this question today, and how? What does it mean to issue, or respond to, an appeal for the right to die? In A Death of One’s Own, the first sustained literary study of the right to die, Jared Stark takes up these timely questions by testing predominant legal understandings of assisted suicide and euthanasia against literary reflections on modern death from the nineteenth and twentieth centuries. Rigorously interdisciplinary and lucidly argued, Stark’s wide-ranging discussion sheds critical light on the disquieting bioethical and biopolitical dilemmas raised by contemporary forms of medical technology and legal agency.
 
More than a survey or work of advocacy, A Death of One’s Own examines the consequences and limits of the three reasons most often cited for supporting a person’s right to die: that it is justified as an expression of personal autonomy or self-ownership; that it constitutes an act of self-authorship, of “choosing a final chapter” in one’s life; and that it enables what has come to be called “death with dignity.” Probing the intersections of law and literature, Stark interweaves close discussion of major legal, political, and philosophical arguments with revealing readings of literary and testimonial texts by writers including Balzac, Melville, Benjamin, and Améry.
 
A thought-provoking work that will be of interest to those concerned with law and humanities, biomedical ethics, cultural history, and human rights, A Death of One’s Own opens new and suggestive paths for thinking about the history of modern death as well as the unsettled future of the right to die.
 
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cover of A Democratic Constitution for Public Education

A Democratic Constitution for Public Education

Paul T. Hill and Ashley E. Jochim

University of Chicago Press, 2014

America’s education system faces a stark dilemma: it needs governmental oversight, rules and regulations, but it also needs to be adaptable enough to address student needs and the many different problems that can arise at any given school—something that large educational bureaucracies are notoriously bad at. Paul Hill and Ashley Jochim offer here a solution that is brilliant for its simplicity and distinctly American sensibility: our public education system needs a constitution. Adapting the tried-and-true framework of our forefathers to the specific governance of education, they show that the answer has been part of our political DNA all along.
           
Most reformers focus on who should control education, but Hill and Jochim show that who governs is less important than determining what powers they have. They propose a Civic Education Council—a democratic body subject to checks and balances that would define the boundaries of its purview as well as each school’s particular freedoms. They show how such a system would prevent regulations meant to satisfy special interests and shift the focus to the real task at hand: improving school performance. Laying out the implications of such a system for parents, students, teachers, unions, state and federal governments, and courts, they offer a vision of educational governance that stays true to—and draws on the strengths of—one of the greatest democratic tools we have ever created.  
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cover of A Drunkard's Defense: Alcohol, Murder, and Medical Jurisprudence in Nineteenth-Century America

A Drunkard's Defense

Alcohol, Murder, and Medical Jurisprudence in Nineteenth-Century America

Michele Rotunda

University of Massachusetts Press, 2021

Is drunkenness a defense for murder? In the early nineteenth century, the answer was a resounding no. Intoxication was considered voluntary, and thus provided no defense. Yet as the century progressed, American courts began to extend exculpatory value to heavy drinking. The medicalization of alcohol use created new categories of mental illness which, alongside changes in the law, formed the basis for defense arguments that claimed unintended consequences and lack of criminal intent. Concurrently, advocates of prohibition cast “demon rum” and the “rum-seller” as the drunkard's accomplices in crime, mitigating offenders' actions. By the postbellum period, a backlash, led by medical professionals and an influential temperance movement, left the legacy of an unsettled legal standard.

In A Drunkard's Defense, Michele Rotunda examines a variety of court cases to explore the attitudes of nineteenth-century physicians, legal professionals, temperance advocates, and ordinary Americans toward the relationship between drunkenness, violence, and responsibility, providing broader insights into the country's complicated relationship with alcohol.

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cover of A Legal Theory for Autonomous Artificial Agents

A Legal Theory for Autonomous Artificial Agents

Samir Chopra and Laurence F. White

University of Michigan Press, 2011

“An extraordinarily good synthesis from an amazing range of philosophical, legal, and technological sources . . .  the book will appeal to legal academics and students, lawyers involved in e-commerce and cyberspace legal issues, technologists, moral philosophers, and intelligent lay readers interested in high tech issues, privacy, [and] robotics.”
—Kevin Ashley, University of Pittsburgh School of Law

As corporations and government agencies replace human employees with online customer service and automated phone systems, we become accustomed to doing business with nonhuman agents. If artificial intelligence (AI) technology advances as today’s leading researchers predict, these agents may soon function with such limited human input that they appear to act independently. When they achieve that level of autonomy, what legal status should they have?

Samir Chopra and Laurence F. White present a carefully reasoned discussion of how existing philosophy and legal theory can accommodate increasingly sophisticated AI technology. Arguing for the legal personhood of an artificial agent, the authors discuss what it means to say it has “knowledge” and the ability to make a decision. They consider key questions such as who must take responsibility for an agent’s actions, whom the agent serves, and whether it could face a conflict of interest.

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cover of A Ministry of Presence: Chaplaincy, Spiritual Care, and the Law

A Ministry of Presence

Chaplaincy, Spiritual Care, and the Law

Winnifred Fallers Sullivan

University of Chicago Press, 2014

Most people in the United States today no longer live their lives under the guidance of local institutionalized religious leadership, such as rabbis, ministers, and priests; rather, liberals and conservatives alike have taken charge of their own religious or spiritual practices. This shift, along with other social and cultural changes, has opened up a perhaps surprising space for chaplains—spiritual professionals who usually work with the endorsement of a religious community but do that work away from its immediate hierarchy, ministering in a secular institution, such as a prison, the military, or an airport, to an ever-changing group of clients of widely varying faiths and beliefs.

In A Ministry of Presence, Winnifred Fallers Sullivan explores how chaplaincy works in the United States—and in particular how it sits uneasily at the intersection of law and religion, spiritual care, and government regulation. Responsible for ministering to the wandering souls of the globalized economy, the chaplain works with a clientele often unmarked by a specific religious identity, and does so on behalf of a secular institution, like a hospital. Sullivan's examination of the sometimes heroic but often deeply ambiguous work yields fascinating insights into contemporary spiritual life, the politics of religious freedom, and the never-ending negotiation of religion's place in American institutional life.
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cover of A Pound of Flesh: Monetary Sanctions as Punishment for the Poor

A Pound of Flesh

Monetary Sanctions as Punishment for the Poor

Alexes Harris

Russell Sage Foundation, 2016

Over seven million Americans are either incarcerated, on probation, or on parole, with their criminal records often following them for life and affecting access to higher education, jobs, and housing. Court-ordered monetary sanctions that compel criminal defendants to pay fines, fees, surcharges, and restitution further inhibit their ability to reenter society. In A Pound of Flesh, sociologist Alexes Harris analyzes the rise of monetary sanctions in the criminal justice system and shows how they permanently penalize and marginalize the poor. She exposes the damaging effects of a little-understood component of criminal sentencing and shows how it further perpetuates racial and economic inequality.

Harris draws from extensive sentencing data, legal documents, observations of court hearings, and interviews with defendants, judges, prosecutors, and other court officials. She documents how low-income defendants are affected by monetary sanctions, which include fees for public defenders and a variety of processing charges. Until these debts are paid in full, individuals remain under judicial supervision, subject to court summons, warrants, and jail stays. As a result of interest and surcharges that accumulate on unpaid financial penalties, these monetary sanctions often become insurmountable legal debts which many offenders carry for the remainder of their lives. Harris finds that such fiscal sentences, which are imposed disproportionately on low-income minorities, help create a permanent economic underclass and deepen social stratification.

A Pound of Flesh delves into the court practices of five counties in Washington State to illustrate the ways in which subjective sentencing shapes the practice of monetary sanctions. Judges and court clerks hold a considerable degree of discretion in the sentencing and monitoring of monetary sanctions and rely on individual values—such as personal responsibility, meritocracy, and paternalism—to determine how much and when offenders should pay. Harris shows that monetary sanctions are imposed at different rates across jurisdictions, with little or no state government oversight. Local officials’ reliance on their own values and beliefs can also push offenders further into debt—for example, when judges charge defendants who lack the means to pay their fines with contempt of court and penalize them with additional fines or jail time.

A Pound of Flesh provides a timely examination of how monetary sanctions permanently bind poor offenders to the judicial system. Harris concludes that in letting monetary sanctions go unchecked, we have created a two-tiered legal system that imposes additional burdens on already-marginalized groups.

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cover of A Prelude to the Welfare State: The Origins of Workers' Compensation

A Prelude to the Welfare State

The Origins of Workers' Compensation

Price V. Fishback and Shawn Everett Kantor

University of Chicago Press, 2000

Workers' compensation was arguably the first widespread social insurance program in the United States and the most successful form of labor legislation to emerge from the early Progressive Movement. Adopted in most states between 1910 and 1920, workers' compensation laws have been paving seen as the way for social security, Medicare, unemployment insurance, and eventually the broad network of social welfare programs we have today.

In this highly original and persuasive work, Price V. Fishback and Shawn Everett Kantor challenge widespread historical perceptions, arguing that, rather than being an early progressive victory, workers' compensation succeeded because all relevant parties—labor and management, insurance companies, lawyers, and legislators—benefited from the legislation. Thorough, rigorous, and convincing, A Prelude to the Welfare State: The Origins of Workers' Compensation is a major reappraisal of the causes and consequences of a movement that ultimately transformed the nature of social insurance and the American workplace.
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cover of A Rift in the Clouds: Race and the Southern Federal Judiciary, 1900-1910

A Rift in the Clouds

Race and the Southern Federal Judiciary, 1900-1910

Brent J. Aucoin

University of Arkansas Press, 2007

A Rift in the Clouds chronicles the efforts of three white southern federal judges to protect the civil rights of African Americans at the beginning of the twentieth century, when few in the American legal community were willing to do so. Jacob Treiber of Arkansas, Emory Speer of Georgia, and Thomas Goode Jones of Alabama challenged the Supreme Court's reading of the Reconstruction amendments that were passed in an attempt to make disfranchised and exploited African Americans equal citizens of the United States. These unpopular white southerners, two of whom who had served in the Confederate Army and had themselves helped to bring Reconstruction to an end in their states, asserted that the amendments not only established black equality, but authorized the government to protect blacks. Although their rulings won few immediate gains for blacks and were overturned by the Supreme Court, their legal arguments would be resurrected, and meet with greater success, over half a century later during the civil rights movement.
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cover of A Rule of Property for Bengal: An Essay on the Idea of Permanent Settlement

A Rule of Property for Bengal

An Essay on the Idea of Permanent Settlement

Ranajit Guha

Duke University Press, 1996

A Rule of Property for Bengal is a classic work on the history of colonial India. First published in 1963, and long unavailable in this country, it is an essential text in the areas of colonial and postcolonial studies. In this book, Ranajit Guha examines the British establishment of the Permanent Settlement of Bengal—the first major administrative intervention by the British in the region and an effort to impose a western notion of private property on the Bengal countryside. Guha’s study of the intellectual origins, goals, and implementation of this policy provides an in-depth view of the dynamics of colonialism and reflects on the lasting effect of that dynamic following the formal termination of colonial rule.
By proclaiming the Permanent Settlement in 1793, the British hoped to promote a prosperous capitalist agriculture of the kind that had developed in England. The act renounced for all time the state’s right to raise the assessment already made upon landowners and thus sought to establish a system of property that was, in the British view, necessary for the creation of a stable government. Guha traces the origins of the Permanent Settlement to the anti-feudal ideas of Phillip Francis and the critique of feudalism provided by physiocratic thought, the precursor of political economy. The central question the book asks is how the Permanent Settlement, founded in anti-feudalism and grafted onto India by the most advanced capitalist power of the day became instrumental in the development of a neo-feudal organization of landed property and in the absorption and reproduction of precapitalist elements in a colonial regime.
Guha’s examination of the British attempt to mold Bengal to the contours of its own society without an understanding of the traditions and obligations upon which the Indian agrarian system was based is a truly pioneering work. The implications of A Rule of Property for Bengal remain rich for the current discussions from the postcolonialist perspective on the meaning of modernity and enlightenment.
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cover of A Slaveholders' Union: Slavery, Politics, and the Constitution in the Early American Republic

A Slaveholders' Union

Slavery, Politics, and the Constitution in the Early American Republic

George William Van Cleve

University of Chicago Press, 2010

After its early introduction into the English colonies in North America, slavery in the United States lasted as a legal institution until the passage of the Thirteenth Amendment to the Constitution in 1865.  But increasingly during the contested politics of the early republic, abolitionists cried out that the Constitution itself was a slaveowners’ document, produced to protect and further their rights. A Slaveholders’ Union furthers this unsettling claim by demonstrating once and for all that slavery was indeed an essential part of the foundation of the nascent republic.

In this powerful book, George William Van Cleve demonstrates that the Constitution was pro-slavery in its politics, its economics, and its law. He convincingly shows that the Constitutional provisions protecting slavery were much more than mere “political” compromises—they were integral to the principles of the new nation. By the late 1780s, a majority of Americans wanted to create a strong federal republic that would be capable of expanding into a continental empire. In order for America to become an empire on such a scale, Van Cleve argues, the Southern states had to be willing partners in the endeavor, and the cost of their allegiance was the deliberate long-term protection of slavery by America’s leaders through the nation’s early expansion. Reconsidering the role played by the gradual abolition of slavery in the North, Van Cleve also shows that abolition there was much less progressive in its origins—and had much less influence on slavery’s expansion—than previously thought.

Deftly interweaving historical and political analyses, A Slaveholders’ Union will likely become the definitive explanation of slavery’s persistence and growth—and of its influence on American constitutional development—from the Revolutionary War through the Missouri Compromise of 1821.

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cover of Abortion Rights as Religious Freedom

Abortion Rights as Religious Freedom

Peter S. Wenz

Temple University Press, 1992

"This excellent books is bound to stir debate on the abortion issue and to occupy a rather distinctive position." --R.G. Frey, Bowling Green State University With the current composition of the Supreme Court and recent challenges to Roe v. Wade, Peter S. Wenz's new approach to the ethical, moral, and legal issues related to a woman's right to elective abortion may turn the tide in this debate. He argues that the Supreme Court reached the right decision in Roe v. Wade but for the wrong reasons. Wenz contends that a woman's right to terminated her pregnancy should be based, not on her constitutional right to privacy, but on the constitutional guarantee of religious freedom, a basis for freedom of choice that is not subject to the legal criticisms advanced against Roe. At least up to the 20th week of a pregnancy, one's belief whether a human fetus is a human person or not is a religious decision. He maintains that because questions about the moral status of a fetus are religious, it follows that anti-abortion legislation, to the extent that it is predicated on such "inherently religious beliefs," is unconstitutional. In this timely and topical book, Wenz also examines related cases that deal with government intervention in an individual's procreative life, the regulation of contraceptives, and other legislation that is either applied to or imposed upon select groups of people (e.g., homosexuals, drug addicts). He builds a concrete argument that could replace Roe v. Wade. Reviews "In this important study of abortion and the Constitiution, legal philosopher Peter Wenz contends that Roe v. Wade was wrongly argued but well conlcuded. Wenz presents a substantial review of Supreme Court decisions on abortion, then critically exposes flaws, including the privacy justification for abortion as well as the trimester scheme. --Religious Studies Review "In this major work, Peter Wenz has analyzed the relation of the Constitution's religion clauses to the abortion controversy. His principal contribution is to shift the argument from the right of privacy (invoked, he believes, unsuccessfully in Roe v. Wade) to the Establishment Clause. The Court's concern in Roe was whether the statute unduly burdened a fundamental right. But tested by the Establishment Clause, statutes may violate the Constitution by implicitly endorsing a religious belief, namely, the personhood of the unborn. Wenz concludes that the Establishment Clause permits abortions prior to the twenty-first week of pregnancy." --C. Herman Prichett, Professor of Political Science Emeritus, University of California, Santa Barbara "This is an original and scholarly exposition of the view that abortion rights fall under the religion clauses of the First Amendment. The view defended is an important alternative to the privacy defense upon which the Roe v. Wade decision was based and should help to expand the ethical and constitutional debate about abortion rights." --Mary Anne Warren, Associate Professor of Philosophy, San Francisco State University, and author of Gendercide: The Implications of Sex Selection Contents Preface Introduction Roe v. Wade under Attack • Individual Rights and Majority Rule • Constitutional Interpretation • Preview of Chapters 1. The Derivation of Roe v. Wade Economic Substantive Due Process • Due Process and the Family • Contraception and Privacy in Griswold v. Connecticut • Contraception and Privacy in Eisenstadt v. Baird • Blackmun's Privacy Rationale in Roe v. Wade • Stewart's Due Process Rationale in Roe v. Wade • Tribe on Substantive Due Process • Conclusion 2. Potentiality and Viability The Roe v. Wade Decision • The Concept of Viability in Abortion Cases • Dividing the Gestational Continuum • The Genetic Approach to Personhood • Viability versus Similarity to Newborns • Two Consequentialist Arguments • Feminism and Viability • Conclusion 3. The Evolution of "Religion" Religion in the Abortion Debate • The Original Understanding of the Religion Clauses • The Evolution of Religion Clause Doctrine • Incorporation of the Religion Clauses • From Belief to Practice • Alleviating Indirect Burdens on Religious Practice • Expanding the Meaning of "Religion" • The Original Understanding View • Bork: Conservative or Moderate? • Conflicts between the Religion Clauses • The Elusive Meaning of "Religion" • Conclusion 4. The Definition of "Religion" The Adjectival Sense of Religion • Religious Beliefs Independent of Organized Religions • Religious Belief as Fundamental to Organized Religion • Secular Beliefs Related to Material Reality • Secular Beliefs Related to Social Interaction • Secular Facts versus Secular Values • The Court's Characterizations of Secular Beliefs • Secular (Nonreligious) Belief • The Epistemological Standard for Distinguishing Religious from Secular Belief • Judicial Examples of Religious Beliefs • General Characteristics of Religious Beliefs • Summary 5. "Religion" in Court The Epistemological Standard Applied • Cults and Crazies • Secular Religions • Tensions between the Religion Clauses • The Unitary Definition of "Religion" 6. Fetal Personhood as Religious Belief Anti-Contraception Laws and the Establishment Clause • Belief in the Existence of God • Belief in the Personhood of Young Fetuses • Distinguishing Religious from Secular Determinations of Fetal Personhood • Religious versus Secular Uncertainty • Environmental Preservation and Animal Protection versus Fetal Value • Greenawalt's Argument • The Reach of Secular Considerations • Secular versus Religious Matters • Conclusion 7. The Regulation of Abortion The Trimester Framework and Its Exceptions • O'Connor's Objections to the Trimester Framework • Superiority of the Establishment Clause Approach to the Trimester Framework • Required Efforts to Save the Fetus • The Neutrality Principle • Appropriate Judicial Skepticism • Undue Burdens and Unconstitutional Endorsements • Conclusion 8. Abortion and Others Public Funding of Abortion • The Establishment Clause Approach to Public Funding • The Court's Funding Rationale • The Court's Inconsistent Rationale • Publicly Funded Family Planning Clinics • Spousal Consent • The Court's Flawed Parental Consent Rationale • Information Requirements • Spousal and Parental Consent • The Establishment Clause Approach: Medical Dimension • The Establishment Clause Approach: Religious Dimension • Implications of the Establishment Clause Approach • The Court's Inconsistency • Equivalent Results • Parental Notification • Conclusion Conclusion Justice Scalia's View • The Fundamental Flaw in Roe • The Rationale for the Establishment Clause Approach • Advantages of the Establishment Clause Approach Notes Glossary of Terms Annotated Table of Cases Bibliography Index About the Author(s): Peter S. Wenz is Professor of Philosophy and Legal Studies at Sangamon State University.
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cover of Access with Attitude: An Advocate’s Guide to Freedom of Information in Ohio

Access with Attitude

An Advocate’s Guide to Freedom of Information in Ohio

David Marburger

Ohio University Press, 2011

For those who find themselves in a battle for public records, Access with Attitude: An Advocate’s Guide to Freedom of Information in Ohio is an indispensable weapon. First Amendment lawyer David Marburger and investigative journalist Karl Idsvoog have written a simply worded, practical guide on how to take full advantage of Ohio’s so-called Sunshine Laws.

Journalists, law firms, labor unions, private investigators, genealogists, realty companies, banks, insurers—anyone who regularly needs access to publicly held information—will find this comprehensive and contentious guide to be invaluable. Marburger, who drafted many of the provisions that Ohio adopted in its open records law, and coauthor Idsvoog have been fighting for broader access to public records their entire careers. They offer field-tested tips on how to avoid “no,” and advise readers on legal strategies if their requests for information go unmet. Step by step, they show how to avoid delays and make the law work.

Whether you’re a citizen, a nonprofit organization, a journalist, or an attorney going after public records, Access with Attitude is an essential resource.

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cover of Accidental Activists: Mark Phariss, Vic Holmes, and Their Fight for Marriage Equality in Texas

Accidental Activists

Mark Phariss, Vic Holmes, and Their Fight for Marriage Equality in Texas

David Collins

University of North Texas Press, 2017

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cover of Accomplishing NAGPRA: Perspectives on the Intent, Impact, and Future of the Native American Graves Protection and Repatriation Act

Accomplishing NAGPRA

Perspectives on the Intent, Impact, and Future of the Native American Graves Protection and Repatriation Act

Sangita Chari and Jaime M. N. Lavallee

Oregon State University Press, 2013

Accomplishing NAGPRA reveals the day-to-day reality of implementing the Native American Graves Protection and Repatriation Act. The diverse contributors to this timely volume reflect the viewpoints of tribes, museums, federal agencies, attorneys, academics, and others invested in the landmark act.

NAGPRA requires museums and federal agencies to return requested Native American cultural items to lineal descendants, culturally affiliated Indian tribes, and Native Hawai’ian organizations.  Since the 1990 passage of the act, museums and federal agencies have made more than one million cultural items—and the remains of nearly forty thousand Native Americans—available for repatriation.

Drawing on case studies, personal reflections, historical documents, and statistics, the volume examines NAGPRA and its grassroots, practical application throughout the United States.? Accomplishing NAGPRA will appeal to professionals and academics with an interest in cultural resource management, Indian and human rights law, Indigenous studies, social justice movements, and public policy.
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cover of Affirmative Action and Minority Enrollments in Medical and Law Schools

Affirmative Action and Minority Enrollments in Medical and Law Schools

Susan Welch and John Gruhl

University of Michigan Press, 1998

Affirmative action is one of the central issues of American politics today, and admission to colleges and universities has been at the center of the debate. While this issue has been discussed for years, there is very little real data on the impact of affirmative action programs on admissions to institutions of higher learning. Susan Welch and John Gruhl in this groundbreaking study look at the impact on admissions of policies developed in the wake of the United States Supreme Court's landmark 1978 Bakke decision. In Bakke, the Court legitimized the use of race as one of several factors that could be considered in admissions decisions, while forbidding the use of quotas. Opponents of affirmative action claim that because of the Bakke decision thousands of less-qualified minorities have been granted admission in preference to more qualified white students; proponents claim that without the affirmative action policies articulated in Bakke, minorities would not have made the gains they have made in higher education.
Based on a survey of admissions officers for law and medical schools and national enrollment data, the authors give us the first analysis of the real impact of the Bakke decision and affirmative action programs on enrollments in medical and law schools. Admission to medical schools and law schools is much sought after and is highly competitive. In examining admissions patterns to these schools the authors are able to identify the effects of affirmative action programs and the Bakke decision in what may be the most challenging case.
This book will appeal to scholars of race and gender in political science, sociology and education as well as those interested in the study of affirmative action policies. Susan Welch is Dean of the College of Liberal Arts and Professor of Political Science, Pennsylvania State University. John Gruhl is Professor of Political Science, University of Nebraska-Lincoln.
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cover of Against Citizenship: The Violence of the Normative

Against Citizenship

The Violence of the Normative

Amy L. Brandzel

University of Illinois Press, 2016

Numerous activists and scholars have appealed for rights, inclusion, and justice in the name of "citizenship." Against Citizenship provocatively shows that there is nothing redeemable about citizenship, nothing worth salvaging or sustaining in the name of "community," practice, or belonging. According to Brandzel, citizenship is a violent dehumanizing mechanism that makes the comparative devaluing of human lives seem commonsensical, logical, and even necessary. Against Citizenship argues that whenever we work on behalf of citizenship, whenever we work toward including more types of peoples under its reign, we inevitably reify the violence of citizenship against nonnormative others.

Brandzel's focus on three legal case studies--same-sex marriage law, hate crime legislation, and Native Hawaiian sovereignty and racialization--exposes how citizenship confounds and obscures the mutual processes of settler colonialism, racism, sexism, and heterosexism. In this way, Brandzel argues that citizenship requires anti-intersectionality, that is, strategies that deny the mutuality and contingency of race, class, gender, sexuality, and nation--and how, oftentimes, progressive left activists and scholars follow suit.

Against Citizenship is an impassioned plea for a queer, decolonial, anti-racist coalitional stance against the systemized human de/valuing and anti-intersectionalities of citizenship.

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cover of Age Discrimination in the American Workplace: Old at a Young Age

Age Discrimination in the American Workplace

Old at a Young Age

Gregory, Raymond F

Rutgers University Press, 2001

Nearly every middle-aged and older worker, at some time during his or her career, will suffer age discrimination in the workplace. Employers too often use early-retirement plans, restructurings, and downsizings to dismiss older workers. Many of these individuals are unwillingly ushered into earlier-than-planned retirements, are denied promotions, or are terminated. The baby-boomer generation now accounts for just under 50 percent of the entire workforce. A vast army of workers now stands ready to contest employer acts of age discrimination.

Attorney Raymond Gregory addresses himself to the millions of workers who think they might be facing age discrimination and traces the history of the federal measures enacted to assist workers in contesting unlawful employer conduct. He explains how the law works and presents actual court cases to demonstrate the ways that workers have challenged their employers. The cases help to illustrate legal principles in real-life experiences and many of the cases relate compelling stories of workers caught up in a web of employer discriminatory conduct. Gregory has eliminated all legal jargon, ensuring that all concepts are clear to his readers. Individuals will turn to this book again and again to obtain authoritative background on this important topic.

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cover of All the King’s Horses: Essays on the Impact of Looting and the Illicit Antiquities Trade on Our Knowledge of the Past

All the King’s Horses

Essays on the Impact of Looting and the Illicit Antiquities Trade on Our Knowledge of the Past

Paula K. Lazrus

University Press of Colorado, 2012

This volume from the SAA Press examines the impact of looting and the use of artifacts of unknown provenance in the humanities and social sciences, ranging from the impact of amnesty laws for reporting stolen cultural property to the use of Google Earth to assess the scale of illicit excavations, and from the impact of poorly sourced artifacts on early Mycenaean and Minoan studies to the structure of the growing commercial trade in ancient coins.
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cover of Alternative Dispute Resolution in the Regulatory Process

Alternative Dispute Resolution in the Regulatory Process

Deirdre McCarthy Gallagher

Michigan State University Press, 2020

An in-depth look at the institutionalization of alternative dispute resolution (ADR) processes in the federal and state regulatory arenas over the past twenty-five years, this volume showcases the value of these processes and highlights the potential for their expanded application and growth. It describes ADR techniques, how to use them, and how to integrate them into existing processes, using examples from the Federal Energy Regulatory Commission and three state utility regulatory commissions. The book recounts ADR successes, recognizing that traditional litigative methods may not always meet the needs of agencies, the parties, or the public. Institutionalizing these processes requires a systematic commitment to different approaches to problem-solving and, ultimately, cultural change. The authors spearheaded initiatives to integrate these processes and skills at the federal level. Drawing from valuable insights gained from their experience, the authors introduce a versatile new ADR system design model, the Voices of Value, which aims to enhance input, creativity, and effectiveness in regulatory and other public arenas as well as the private sector.
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cover of Alzheimer's and Dementia: A Practical and Legal Guide for Nevada Caregivers, Revised and Updated

Alzheimer's and Dementia

A Practical and Legal Guide for Nevada Caregivers, Revised and Updated

Kim Boyer

University of Nevada Press, 2025

Individuals or families receiving a diagnosis of Alzheimer’s disease, dementia, or brain damage from a stroke face daunting questions: how to provide care when the patient can no longer manage his or her own affairs, how to protect their rights and property, where to go for help, and how to cope with the day-to-day challenges of fading memory and diminished cognition. First published in 2011, Boyer and Shapiro’s Alzheimer’s and Dementia offers a comprehensive guide to families and professionals taking on the role of caregiver. The newly revised and updated edition offers practical strategies for dealing with Alzheimer's or dementia, including new research and treatment updates.

The book, specific to Nevada, covers state laws including Medicaid planning, asset protection, guardianship, probate, advance directives, and patient rights. It also addresses estate and financial planning, and provides a detailed list of resources available to assist caregivers. Written by an elder law attorney and a gerontologist, Alzheimer’s and Dementiaoffers insights from two professionals who provide practical solutions to common obstacles faced by caregivers, helping them support the needs and overcome the challenges facing those coping with these diseases.

Boyer and Shapiro coauthored The Essential Eldercare Handbook for Nevada also available from the University of Nevada Press.
 
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cover of Alzheimer’s and Dementia: A Practical and Legal Guide for Nevada Caregivers

Alzheimer’s and Dementia

A Practical and Legal Guide for Nevada Caregivers

Kim Boyer

University of Nevada Press, 2012

            Individuals or families receiving a diagnosis of Alzheimer’s disease, dementia, or brain damage from a stroke face daunting questions: how to provide for care when the patient can no longer manage his or her own affairs, how to protect their rights and property, where to go for help, and how to cope with the day-to-day challenges of fading memory and diminished cognition. Here is a comprehensive guide specifically for aging Nevadans and for family members, professional caregivers, and health care workers who help them.
The authors—an elder law attorney and a specialist in geriatric care management—offer readers useful advice from the perspective of Nevada resources and Nevada law, addressing such topics as the legal and financial steps that patients and their families can take to protect themselves and their assets, paying for long-term care, arranging for guardianship, and tending to the details that follow the death of a loved one.
 This edition, updated in 2011, includes information about recent changes in laws that affect seniors, new research and treatments, and a new guide to resources throughout the state that can provide assistance to people afflicted with these medical conditions.
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cover of American Indians and the American Dream: Policies, Place, and Property in Minnesota

American Indians and the American Dream

Policies, Place, and Property in Minnesota

Kasey R. Keeler

University of Minnesota Press, 2023

Understanding the processes and policies of urbanization and suburbanization in American Indian communities

 

Nearly seven out of ten American Indians live in urban areas, yet studies of urban Indian experiences remain scant. Studies of suburban Natives are even more rare. Today’s suburban Natives, the fastest-growing American Indian demographic, highlight the tensions within federal policies working in tandem to move and house differing groups of people in very different residential locations. In American Indians and the American Dream, Kasey R. Keeler examines the long history of urbanization and suburbanization of Indian communities in Minnesota.

At the intersection of federal Indian policy and federal housing policy, American Indians and the American Dream analyzes the dispossession of Indian land, property rights, and patterns of home ownership through programs and policies that sought to move communities away from their traditional homelands to reservations and, later, to urban and suburban areas. Keeler begins this analysis with the Homestead Act of 1862, then shifts to the Indian Reorganization Act in the early twentieth century, the creation of Little Earth in Minneapolis, and Indian homeownership during the housing bubble of the early 2000s.

American Indians and the American Dream investigates the ways American Indians accessed homeownership, working with and against federal policy, underscoring American Indian peoples’ unequal and exclusionary access to the way of life known as the American dream.

Cover alt text: Vintage photo of Native person bathing smiling child in the sink of a midcentury kitchen. Title in yellow.

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cover of An American Travesty: Legal Responses to Adolescent Sexual Offending

An American Travesty

Legal Responses to Adolescent Sexual Offending

Franklin E. Zimring

University of Chicago Press, 2004

An American Travesty is the first scholarly book in half a century to analyze the justice system’s response to sexual misconduct by children and adolescents in the United States. Writing with a refreshing dose of common sense, Franklin E. Zimring discusses our society's failure to consider the developmental status of adolescent sex offenders. Too often, he argues, the American legal system ignores age and developmental status when adjudicating young sexual offenders, in many cases responding as they would to an adult.

“An opinionated, articulate, and forceful critique of current politics and practices. . . . I would recommend this book for anyone interested in rethinking the fundamental questions of how our courts and systems should respond to these cases.”—Law and Politics Book Review

“One of the most important new books in the field of juvenile justice. . . . Zimring offers a thoughtful, research-based analysis of what went wrong with legal policy development.”—Barry Krisberg, President, National Council on Crime and Delinquency

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cover of An Appeal to Justice: Litigated Reform of Texas Prisons

An Appeal to Justice

Litigated Reform of Texas Prisons

By Ben M. Crouch and James W. Marquart

University of Texas Press, 1989

How does a prison achieve institutional order while safeguarding prisoners' rights? Since the early 1960s, prison reform advocates have aggressively used the courts to extend rights and improve life for inmates, while prison administrators have been slow to alter the status quo. Litigated reform has been the most significant force in obtaining change.

An Appeal to Justice is a critical tudy of how the Texas Department of Corrections was transformed by Ruiz v. Estelle, the most sweeping class-action suit in correctional law history. Orders from federal judge William W. Justice rapidly moved the Texas system from one of the most autonomous, isolated, and paternalistic system to a more constitutional bureaucracy. In many respects the Texas experience is a microcosm of the transformation of American corrections over the second half of the twentieth century.

This is a careful account of TDC's fearful past as a plantation system, its tumultuous litigated reform, and its subsequent efforts to balance prisoner rights and prison order. Of major importance is the detailed examination of the broad stages of the reform process (and its costs and benefits) and an intimate look at prison brutality and humanity. The authors examine the terror tactics of the inmate guards, the development of prisoner gangs and widespread violence during the reforms, and the stability that eventually emerged. They also detail the change of the guard force from a relatively small, cohesive cadre dependent on discretion, personal loyalty, and physical dominance to a larger and more fragmented security staff controlled by formal procedures.

Drawing on years of research in archival sources and on hundreds of interviews with prisoners, administrators, and staff, An Appeal to Justice is a unique basis for assessing the course and consequences of prison litigation and will be valuable reading for legislators, lawyers, judges, prison administrators, and concerned citizens, as well as prison and public policy scholars.

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Animals Property & The Law

Gary Francione

Temple University Press, 1995

"Pain is pain, irrespective of the race, sex, or species of the victim," states William Kunstler in his foreword. This moral concern for the suffering of animals and their legal status is the basis for Gary L. Francione's profound book, which asks, Why has the law failed to protect animals from exploitation?

Francione argues that the current legal standard of animal welfare does not and cannot establish fights for animals. As long as they are viewed as property, animals will be subject to suffering for the social and economic benefit of human beings.

Exploring every facet of this heated issue, Francione discusses the history of the treatment of animals, anticruelty statutes, vivisection, the Federal Animal Welfare Act, and specific cases such as the controversial injury of anaesthetized baboons at the University of Pennsylvania. He thoroughly documents the paradoxical gap between our professed concern with humane treatment of animals and the overriding practice of abuse permitted by U.S. law.

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Animals and the Law in Antiquity

Saul M. Olyan

SBL Press, 2021

Animal law has become a topic of growing importance internationally, with animal welfare and animal rights often assuming center stage in contemporary debates about the legal status of animals. While nonspecialists routinely decontextualize ancient texts to support or deny rights to animals, experts in fields such as classics, biblical studies, Assyriology, Egyptology, rabbinics, and late antique Christianity have only just begun to engage the topic of animals and the law in their respective areas. This volume consists of original studies by scholars from a range of Mediterranean and West Asian fields on a variety of topics at the intersection of animals and the law in antiquity. Contributors include Rozenn Bailleul-LeSuer, Beth Berkowitz, Andrew McGowan, F. S. Naiden, Saul M. Olyan, Seth Richardson, Jordan D. Rosenblum, Andreas Schüle, Miira Tuominen, and Daniel Ullucci. The volume is essential reading for scholars and students of both the ancient world and contemporary law.

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cover of Antidiscrimination Law and Minority Employment: Recruitment Practices and Regulatory Constraints

Antidiscrimination Law and Minority Employment

Recruitment Practices and Regulatory Constraints

Farrell Bloch

University of Chicago Press, 1994

A penetrating critique of thirty years of antidiscrimination law in the United States, this book explains why equal opportunity and affirmative action policies have failed to improve black employment since the 1964 Civil Rights Act. Farrell Bloch reviews the effects of hiring policies on minority employment and analyzes recruitment practices to reveal why current United States laws fail to address some of the most important obstacles preventing minorities from getting jobs.
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cover of Antidumping Law and Practice: A Comparative Study

Antidumping Law and Practice

A Comparative Study

John H. Jackson and Edwin A. Vermulst, Editors

University of Michigan Press, 1990

This title was formally part of the Studies in International Trade Policy Series, now called Studies in International Economics.
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