Jurisprudence and general issues Books
University of Chicago Press Journals Crime and Justice Volume 41 Prosecutors and
Book Synopsis
£26.60
The University of Chicago Press El Dorado Phoenix Poets
Book SynopsisThis title confronts questions of racial and gender discrimination. In a series of studies, Ian Ayres finds overwhelming evidence that in a variety of markets - retail car sales, bail bonding, kidney transplantation, and FCC licensing - blacks and females are consistently at a disadvantage.
£34.20
The University of Chicago Press Embracing Risk The Changing Culture of Insurance
Book Synopsis'Embracing risk' offers an original approach to risk, insurance and responsibility, the provocative and wide-ranging essays demonstrate that risk has moved well beyond its origins in the insurance trade to become a central organizing principle of social and cultural life.
£28.50
The University of Chicago Press Specializing the Courts
Book SynopsisMost Americans think that judges should be, and are, generalists who decide a wide array of cases. Nonetheless, we now have specialized courts in many key policy areas. This title presents a comprehensive analysis of this growing trend toward specialization in the federal and state court systems.Trade Review"Widely appealing not only to scholars in the fields of law, political science, and sociology, but to general readers as well, Specializing the Courts is a landmark treatment of a very important phenomenon written by a major scholar, encyclopedic in its range and depth. It will be the go-to source on this topic for years to come." - Charles R. Epp, University of Kansas"
£28.50
The University of Chicago Press Commentaries on the Laws of England Volume 3 A
Book Synopsis
£31.35
University of Chicago Press Commentaries on the Laws of England A Facsimile
Book Synopsis
£304.00
The University of Chicago Press A Preface to Democratic Theory Expanded Edition
Book SynopsisTraces the history of legal practice from its genesis in ancient Rome to its rebirth in the early Middle Ages and eventual resurgence in the courts of the medieval church. This title demonstrates that many features that characterize legal advocacy were already in place by 1250.Trade Review"This book... has been forty years in the making, and given its richness, the reader can be grateful for those decades of research." - "Review of Metaphysics" "James Brundage tells us a new law book cost on average about thirty-five Bolognese pounds, more than some houses. Today's students, scholars, and lawyers will welcome this very learned and much more affordable volume." - John Hudson, "Times Literary Supplement"
£38.00
The University of Chicago Press The Medieval Origins of the Legal Profession
Book SynopsisTraces the history of legal practice from its genesis in ancient Rome to its rebirth in the early Middle Ages and eventual resurgence in the courts of the medieval church. This title demonstrates that many features that characterize legal advocacy were already in place by 1250.Trade Review"This book... has been forty years in the making, and given its richness, the reader can be grateful for those decades of research." - Review of Metaphysics "James Brundage tells us a new law book cost on average about thirty-five Bolognese pounds, more than some houses. Today's students, scholars, and lawyers will welcome this very learned and much more affordable volume." - John Hudson, Times Literary Supplement"
£53.68
The University of Chicago Press The Death of the American Trial
Book SynopsisMakes an impassioned case for reversing the rapid decline of the trial before we lose one of our public culture's greatest achievements. This title lays out the catastrophic consequences of losing an institution that so perfectly embodies democratic governance.Trade Review"In impassioned prose, Burns argues that the decline of civil and criminal jury trials in the United States is disastrous.... Burns's well-written and well-researched book is for all interested readers." (Library Journal) "A stimulating, impassioned, well-argued defense." (Choice)"
£22.80
The University of Chicago Press The Cloaking of Power Montesquieu Blackstone and
Book SynopsisHow did the US judiciary become so powerful-powerful enough that state and federal judges once vied to decide a presidential election? What does this prominence mean for the law, constitutionalism, and liberal democracy? This title deals with these questions.Trade Review"With The Cloaking of Power, Paul O. Carrese has established himself as a first-rate scholar working at the intersection of political philosophy and judicial politics.... This book should be of interest even to those who disagree with his prescriptions for contemporary American judicial power." (Claremont Review of Books)"
£26.60
The University of Chicago Press The Constitution in Congress Democrats and Whigs
Book SynopsisFeatures an examination of the role that the legislative and executive branches have played in the development of constitutional interpretation. This title covers the political events of the period leading up to the start of the Civil War, showing how the slavery question, although seldom overtly discussed in the debates.Trade Review"David P. Currie's discussion is meticulous and informative. It is difficult to believe that he leaves unaddressed anything that would shed light on American constitutional development." (Journal of Interdisciplinary History) "The Constitution in Congress: Democrats and Whigs is a first-rate descriptive account of constitutional debates during the middle part of the nineteenth century." (Law and Politics Book Review) "Historians will benefit from this legal scholar's lively perspective on antebellum constitutional controversies. This volume is a treasure trove of insights on fundamental questions of national development as well as minor issues that often mean much to the people and the states." (Historian)"
£26.60
The University of Chicago Press The Constitution in the Supreme Court The Second
Book SynopsisThis volume traces the development of the Supreme Court from Chief Justice Fuller (1888-1910) to the retirement of Chief Justice Burger (1969-1986).
£57.00
The University of Chicago Press The Constitution in the Supreme Court The First
Book SynopsisA synthesis of legal analysis and narrative history that evaluates the Supreme Court's first hundred years.
£40.85
The University of Chicago Press Asian Legal Revivals Lawyers in the Shadow of
Book SynopsisDrawing upon the insights of Pierre Bourdieu, this book explores the increasing importance of the positions of the law and lawyers in South and Southeast Asia. It argues that the situation in many Asian countries can only be fully understood by looking to their differing colonial experiences.Trade Review"Asian Legal Revivals makes an innovative and significant contribution to the field of law and society scholarship. This book and its largeness of understanding and exceptional vision will establish a new benchmark and will quickly become essential reading." - Carol A. G. Jones, visiting fellow, Centre of Asian Studies, University of Hong Kong"
£28.50
The University of Chicago Press Violent Sensations Sex Crime and Utopia in Vienna
Book Synopsis
£22.80
The University of Chicago Press The Chicago Guide to FactChecking Chicago Guides
Book SynopsisProviding an innovative and accessible perspective on how civil rights legislation affects the lives of ordinary Americans, this work argues for a radical new understanding of rights. The study is based on interviews with those who had experienced discrimination on disability issues.
£25.65
The University of Chicago Press Ecopragmatism
Book SynopsisThis text takes on controversies in environmental law: how to weigh economic costs against environmental quality and human life, how to assess the long-time horizons of environmental problems, and how to make decisions in the face of scientific uncertainty about the scope of environmental problems.
£31.19
The University of Chicago Press Sexual Exploitation of Teenagers Adolescent
Book SynopsisWhen we consider the concept of sexual abuse and harassment, our minds tend to jump either towards adults caught in unhealthy relationships or criminals who take advantage of children. But the millions of maturing teenagers who also deal with sexual harassment can fall between the cracks. When it comes to sexual relationships, adolescents pose a particular problem. Few teenagers possess all of the emotional and intellectual tools needed to navigate these threats, including the all too real advances made by supervisors, teachers, and mentors. In Sexual Exploitation of Teenagers, Jennifer Drobac explores the shockingly common problem of maturing adolescents who are harassed and exploited by adults in their lives. Reviewing the neuroscience and psychosocial evidence of adolescent development, she explains why teens are so vulnerable to adult harassers. Even today, in an age of increasing public awareness, criminal and civil law regarding the sexual abuse of minors remains tragically inept and irregular from state to state. Drobac uses six recent cases of teens suffering sexual harassment to illuminate the flaws and contradictions of this system, skillfully showing how our current laws fail to protect youths, and offering an array of imaginative legal reforms that could achieve increased justice for adolescent victims of sexual coercion.
£41.80
The University of Chicago Press The Failure of Corporate Law
Book SynopsisStates that the laws controlling firms should be much more protective of the public interest and of the corporation's various stakeholders. This title proposes changes in corporate governance that would enable corporations to meet the progressive goal of creating wealth for society as a whole rather than merely for shareholders and executives.Trade Review"Kent Greenfield demonstrates with remarkable clarity how a series of essential changes in the premises and obligations of the corporation can turn the nature of the beast in very positive directions." - William Greider, author of The Soul of Capitalism: Opening Paths to a Moral Economy "Greenfield commences with a reconsideration of the basic and generally accepted purposes and norms of law. The result is as startling as it is enlightening.... A seminal piece of writing that evidences dominance of a vast range of ideas, research, and critical thinking, and puts it into a coherent, well argued, accessible whole." - Law and Politics Book Review"
£57.00
The University of Chicago Press Language of the Gun Youth Crime and Public Policy
Book SynopsisHere, the author recounts in-depth interviews with youths detained at an all-male correctional facility, exploring how they talk about guns and what meanings they ascribe to them in an attempt to understand some of the assumptions implicit in current handgun policies. He redraws the relationships among empirical research, law, and public policy.Trade Review"Bernard Harcourt is surely one of the most creative scholars working at the intersection of law, social science, and policy. In Language of the Gun, he presents a fresh and empirical look at the meaning of guns for youths that helps shed new light on broader theoretical and policy issues." - Calvin Morrill, University of California, Irvine"
£30.40
The University of Chicago Press Against Prediction Profiling Policing and
Book Synopsis
£30.40
The University of Chicago Press Reason in Law
Book SynopsisOver the nearly four decades it has been in print, Reason in Law has established itself as the place to start for understanding legal reasoning, a critical component of the rule of law. This ninth edition brings the book's analyses and examples up to date, adding new cases while retaining old ones whose lessons remain potent. It examines several recent controversial Supreme Court decisions, including rulings on the constitutionality and proper interpretation of the Affordable Care Act and Justice Scalia's powerful dissent in Maryland v. King. Also new to this edition are cases on same-sex marriage, the Voting Rights Act, and the legalization of marijuana. A new appendix explains the historical evolution of legal reasoning and the rule of law in civic life. The result is an indispensable introduction to the workings of the law.
£29.45
The University of Chicago Press Plea Bargaining The Experiences of Prosecutors
Book Synopsis
£25.65
The University of Chicago Press Piracy The Intellectual Property Wars from
Book SynopsisSince the rise of Napster and other file-sharing services in its wake, most of us have assumed that intellectual piracy is a product of the digital age and that it threatens creative expression as never before. This title explores the intellectual property wars from the advent of print culture in the fifteenth century to the reign of the Internet.Trade Review"Adrian Johns's learned and witty book Piracy is... a compelling cultural history of the paired ideas of piracy and property from the seventeenth century to the present.... The best history takes readers from a familiar present to a strange past, and delivers them back to a present that can be seen in new ways. Piracy is that sort of history." (Nature) "Piracy shows us how the very notion of intellectual property - and its sharp division into the fields of patent and copyright - was created in response to specific pressures and so could be modified dramatically or even abolished." (Times Higher Education) "Invaluable.... Johns concludes in this challenging, richly detailed, and provocative book, that the choices we make about how to balance property, creativity and privacy will define 'the contours of creative life' for the twenty-first century." (Washington Post) "Johns's research stands as an important reminder that today's intellectual property crises are not unprecedented, and offers a survey of potential approaches to a solution." (Publishers Weekly)"
£20.00
The University of Chicago Press Crime and Justice Volume 45 Sentencing Policies
Book SynopsisSentencing Policies and Practices in Western Countries: Comparative and Cross-national Perspectives is the forty-fifth addition to the Crime and Justice series. Contributors include Thomas Weigend on criminal sentencing in Germany since 2000; Julian V. Roberts and Andrew Ashworth on the evolution of sentencing policy and practice in England and Wales from 2003 to 2015; Jacqueline Hodgson and Laur ne Soubise on understanding the sentencing process in France; Anthony N. Doob and Cheryl Marie Webster on Canadian sentencing policy in the twenty-first century; Arie Freiberg on Australian sentencing policies and practices; Krzysztof Krajewski on sentencing in Poland; Alessandro Corda on Italian policies; Michael Tonry on American sentencing; and Tapio Lappi-Sepp l on penal policy and sentencing in the Nordic countries.
£64.12
The University of Chicago Press Torture and the Law of Proof Europe and England
Book SynopsisExplores the world of the thumbscrew and the rack, engines of torture authorized for investigating crime in European legal systems from medieval times into the eighteenth century. Drawing on juristic literature and legal records, this crisply written book provides an account of how European legal systems became dependent on the use of torture.
£24.70
The University of Chicago Press Law Capitalism What Corporate Crises Reveal
Book Synopsis
£26.60
The University of Chicago Press Democratic Constitution Experimentalism and
Book SynopsisThe Supreme Court is seen today as the ultimate arbiter of the Constitution. Once the Court has spoken, it is the duty of the citizens and their elected officials to abide by its decisions. But the conception of the Supreme Court as the final interpreter of constitutional law took hold only relatively recently. Drawing on the pragmatic ideals characterized by Charles Sanders Peirce, John Dewey, Charles Sabel, and Richard Posner. Brian E. Butler shows how this conception is inherently problematic for a healthy democracy. Butler offers an alternative democratic conception of constitutional law, democratic experimentalism, and applies it in a thorough reconstruction of Supreme Court cases across the centuries, such as Brown v. Board of Education, Citizens United v. Federal Election Commission, Lucas v. South Carolina Coastal Council, and Lochner v. New York. In contrast to the traditional tools and conceptions of legal analysis that see the law as a formally unique and separate type of pr
£37.05
The University of Chicago Press Drones and the Future of Armed Conflict Ethical
Book Synopsis
£22.80
The University of Chicago Press Oliver Wendell Holmes Jr. and Legal Logic
Book SynopsisAn analysis of the early writings of Oliver Wendell Holmes that shows how he developed a theory of legal logic that took into account factors from outside the courtroom.
£35.10
The University of Chicago Press Interracial Intimacy The Regulation of Race and
Book SynopsisIn this comprehensive study of the legal regulation of interracial relationships, Rachel Moran grapples with the consequences of the not too distant history whereby states could legally punish minorities who had relationships with persons outside of their racial groups.
£24.70
The University of Chicago Press Supreme Court Review 2017 Supreme Court Review
Book Synopsis
£54.15
The University of Chicago Press Confident Pluralism Surviving and Thriving
Book SynopsisInazu mounts a rousing case for the importance of pluralism as a cornerstone value of American (and international) society, arguing that we really can live peaceably together despite our differences and that we can and should reorient our legal and political system to acknowledge difference while still valuing social cohesion.
£19.00
The University of Chicago Press Crime and Justice Volume 48
Book SynopsisAmerican Sentencing surveys what is known about the hottest topic in American criminal law reform.
£71.25
The University of Chicago Press Crime and Justice Volume 48
Book SynopsisAmerican Sentencing provides an up-to-date and comprehensive overview of efforts in the state and the federal systems to make sentencing fairer, reduce overuse of imprisonment, and help offenders live law-abiding lives. It addresses a variety of topics and themes related to sentencing and reform, including racial disparities, violence prediction, plea negotiation, case processing, federal and state guidelines, California's historic realignment, and more. This volume covers what students, scholars, practitioners, and policy makers need to know about how sentencing really works, what a half century's reforms have and have not accomplished, how sentencing processes can be made fairer, and how sentencing outcomes can be made more just. Its writers are among America's leading scholarly specialistsoften the leading specialistin their fields. Clearly and accessibly written, American Sentencing is ideal for teaching use in seminars and courses on sentencing, courts, and criminal justice. Its authors' diverse perspectives shed light on these issues, making it likely the single, most authoritative source of information on the state of sentencing in America today.
£26.60
The University of Chicago Press Antitrust Law 2e
Book SynopsisIn this revised edition of Antitrust Law, Richard A. Posner explains his call for an economic approach to antitrust law to new generations of lawyers and students. He updates and amplifies his approach as it applies to the developments, both legal and economic, in the antitrust field since 1976.
£57.00
The University of Chicago Press Law and Happiness
Book SynopsisBrings together some of the best and most influential thinkers in the field of philosophy to explore the question of what happiness is - and what factors can be demonstrated to increase or decrease it. This title offers an account of the way that hedonics can productively be applied to psychology.
£81.00
The University of Chicago Press Reinterpreting Property
Book SynopsisThough the law of property affects our everyday lives and most basic rights, our legal culture continues to struggle over how to explain or justify the institution of property. This collection of essays assesses the liberal personality theory of property.
£30.40
The University of Chicago Press The Supreme Court Review 2019
Book Synopsis
£60.80
The University of Chicago Press How to Do Things with Legal Doctrine
Book SynopsisLegal doctrinethe creation of doctrinal concepts, arguments, and legal regimes built on the foundation of written lawis the currency of contemporary law. Yet law students, lawyers, and judges often take doctrine for granted, without asking even the most basic questions. How to Do Things with Legal Doctrine is a sweeping and original study that focuses on how to understand legal doctrine via a hands-on approach. Taking up the provocative invitations from the New Doctrinalists, Pierre Schlag and Amy J. Griffin refine the conceptual and rhetorical operations legal professionals perform with doctrinefocusing especially on those difficult moments where law seems to run out, but legal argument must go on. The authors make the crucial operations of doctrine explicit, revealing how they work, and how they shape the law that emerges. How to Do Things with Legal Doctrine will help all those studying or working with law to gain a more systematic understanding of the doctrinal moves many of our beTrade Review"Two talented legal thinkers have put their minds to making a taxonomy of taxonomies! . . . For the benefit of all who read How to Do Things with Legal Doctrine, the book masterfully restates and improves received wisdom on how legal analysis works to create doctrine, but also adds many of its own insights. . . . this is an elegant, useful volume. I highly commend it as a good read." * Journal of Legal Education *"How to Do Things with Legal Doctrine would be a welcome addition for academic law library collections. It provides a comprehensive discussion of legal doctrine and related concepts." * Canadian Law Library Review *Table of ContentsIntroduction Chapter One: What Is Doctrine? I. The Big PictureA. Artifacts B. Sources of Law C. Functions1. Structuration 2. Defusing, Resolving, or Extinguishing Conflict 3. Correction 4. Realization of the Legal System 5. ReflexivityD. Legal Elements 1. Legal Persons 2. Entitlements and Disablements 3. Attribution Rules 4. Transfer Mechanisms 5. Interests/Harms 6. RemediesII. DoctrineA. The Characteristics of Doctrine B. The Structured Elasticity of DoctrineIII. The Itinerary Chapter Two: Frames and Framing I. Entry-Framing II. Broad vs. Narrow Time Frames III. Segmented vs. Continuous Transactions IV. Action vs. Omission V. Level of Abstraction VI. The Theater Metaphor VII. Exit-Framing Chapter Three: Baselines I. Baseline Selection ProblemsA. Classic Baselines B. Variations within a Single Baseline1. Level of Abstraction 2. Individualization 3. MultiplicityII. Baseline Neutrality ProblemsA. Failed Neutrality B. Denial and EvasionIII. Baseline Collapse Problems IV. Summary Chapter Four: The Legal Distinction I. What Do Legal Distinctions Do? II. Three Criteria for “Sound” Legal DistinctionsA. Conceptual Intelligibility B. Practicality C. Normative AppealIII. The Trade-Offs among the Three Criteria IV. The Classic Flaws and Why They MatterA. The Classic Flaws1. Overbreadth 2. Underbreadth 3. Overlap 4. Discontinuity 5. False Dichotomy 6. Incoherence 7. VaguenessB. Why the Classic Flaws Matter: From Form to Substance1. Waste 2. Fairness/Equality 3. Subversion 4. Efficiency 5. Rule of LawVI. Crafting Legal Distinctions VII. Where Do You Draw the Line?A. The Non-ideal World and the Inevitable Trade-Offs B. Arbitrariness C. Indivisibilities D. Dynamic Fields E. Problem Fields and Non-fields: Of Polycentricity and Flux F. The Slippery SlopeVIII. The Fetishism of the Legal Distinction Chapter Five: Rules and Standards I. Defining Rules and Standards II. The Rules vs. Standards DialecticA. Deterrence B. Delegation C. Communication/Formalities/NoticeIII. The Substantialized Versions of the Dialectic IV. The Limitations of the DialecticA. Of Vices and Virtues B. The Polycentricity Challenge C. The Epistemological TwistV. The Irreducibility of the Dialectic Chapter Six: Resolving Regime Conflicts I. TechniquesA. Hierarchy B. Sectorization C. Policy Judgment D. Balancing E. Meta-quantification Approaches F. Conflict Prevention Approaches G. Referral/Deference/Denial H. ChannelingII. Putting It TogetherA. Hybrids B. Entailments C. Summary Chapter Seven: Interpretation I. The Interpretive Situation: Recurrent Tensions and ConflictsA. The “Legal” in the Legal Text B. The Interpretive Contexts1. Fact-Rich 2. Institutionally Localized 3. Procedural Posture 4. Discernible Specific ConsequencesC. The Textual Feedback Loop D. The Plurality of Contexts1. The Context of Application 2. The Authorial Context 3. The Addressee Context 4. The Functional Legal Context 5. Contexts GenerallyE. Fidelity to the Original Meaning F. SummaryII. TextualismA. Individuation: What Is the Unit of Interpretation? B. Intratextual Integrity C. Intertextual IntegrityIII. PurposivismA. Multiple Purposes B. Selection C. The Structure of PurposeIV. Summary Chapter Eight: Cluster Logic I. A Cautionary Note II. The Structural Distinction Clusters III. How the Clusters MatterA. The Clusters as Classic Options B. Nuance: Substituting One Distinction or One Term for Another C. Cluster Functions1. Function Tags for the Choice/Coercion Cluster 2. Function Tags for the Public/Private ClusterIV. Operationalizing the Clusters: InteractionA. Combining Clusters B. The Theatrical MetaphorV. The Logic of DissociationA. Chaining: Running an Argument through Successive Clusters B. Cluster AlliancesVI. Cluster Logic Coda: The Topics of Doctrine Acknowledgments Notes Index
£87.40
The University of Chicago Press The Language of Statutes Laws and Their
Book SynopsisPulling the rug out from under debates about interpretation, this title joins together learning from law, linguistics, and cognitive science to illuminate the fundamental issues and problems in this highly contested area.Trade Review"A worthy successor to Solan's Language of Judges, which remains the best introduction to the value of linguistic analysis to statutory interpretation.... A must-read for any serious student of the debates about the rule of lenity, legislative intent, and the new textualism. A triumph of reason and learning." - William N. Eskridge Jr., Yale Law School"
£57.86
The University of Chicago Press The Supreme Court Review 2020
Book SynopsisTable of ContentsREADING REGENTS AND THE POLITICAL SIGNIFICANCE OF LAW Cristina M. Rodríguez NOT IN THE ROOM WHERE IT HAPPENS: ADVERSARINESS, POLITICIZATION, AND LITTLE SISTERS OF THE POOR Martha Minow THE UNITARY EXECUTIVE: PAST, PRESENT, FUTURE Cass R. Sunstein and Adrian Vermeule LIVING TEXTUALISM Cary Franklin SEXUAL ORIENTATION AND THE DYNAMICS OF DISCRIMINATION David A. Strauss “NOT A SINGLE PRIVILEGE IS ANNEXED TO HIS CHARACTER”: NECESSARY AND PROPER EXECUTIVE PRIVILEGES AND IMMUNITIES Saikrishna Bangalore Prakash WHY RESTRICT ABORTION? EXPANDING THE FRAME ON JUNE MEDICAL Reva B. Siegel ON POWER AND THE LAW: MCGIRT V. OKLAHOMA Maggie Blackhawk ADVOCACY HISTORY IN THE SUPREME COURT Richard J . Lazarus
£60.80
University of Chicago Press Crime and Justice Volume 32
Book Synopsis
£44.65
The University of Chicago Press Crime and Justice Volume 50 A Review of Research
Book SynopsisTrade Review"In this volume, Tonry gathers nine articles... he writes of 'doing justice in sentencing,' a topic that is as much in need of review and reflection as it was when this series began." * Journal of Community Justice *
£76.00
The University of Chicago Press Constructing Basic Liberties
Book SynopsisTrade Review"Constructing Basic Liberties offers a nuanced and comprehensive defense of common law constitutional interpretation as it has been applied to one of the Constitution’s most general and far-reaching provisions: the due process clause." * The New York Review of Books *"Substantive due process is a legal tool. Judges can define an unenumerated right—to marry or travel, for instance—as so fundamental that it is among the liberties that the constitutional due process clause protects. For example, in the past, it was used to incorporate economic rights allowing businesspeople to oppress workers....Recently, however, it was used to guarantee gay marriage and the right of bodily autonomy in Roe v. Wade. Fleming argues that these cases are logically derived from a right to privacy and distinguishes them from the 'grave errors' of the past." * Choice *"Against recurring charges that the practice of substantive due process is dangerously indeterminate and irredeemably undemocratic, Fleming argues that there is an underlying coherence and structure of substantive due process and defends it as integral to constitutional democracy." * Law & Social Inquiry *"This book offers a marvelously spirited, sophisticated, and multi-faceted defense of the modern tradition of substantive due process. It deftly weaves doctrinal analysis with normative argument and answers objections with emphatic precision. Liberals and progressives will especially welcome the book’s concluding strategies for promoting constitutional liberty under a conservative Supreme Court.” -- Richard H. Fallon Jr., Harvard Law School“Fleming brings to life great clashes between Justice Kennedy and Justice Scalia, between two competing understandings of the Constitution, asking “Is it a basic charter of abstract aspirational principles like liberty and equality? Or a code of specific, enumerated rights whose meaning is determined by the deposit of concrete historical practices extant at the time of the adoption of the Fourteenth Amendment in 1868? Ultimately, Fleming shows that the Court’s modern due process cases—those protecting reproductive rights, sexual autonomy, marriage, and parenthood—are no less legitimate, from a constitutional or democratic perspective, than equal protection cases that are generally viewed as uncontroversial. In fact, Fleming convincingly demonstrates that the rights protected by the modern due process decisions are critical to the equal citizenship of women and LGBTQ individuals.” -- Reva Siegel and Douglas NeJaime, Yale Law School“In Constructing Basic Liberties, James Fleming offers a powerful and persuasive defense of the much-maligned Supreme Court practice of recognizing unenumerated rights under the aegis of “substantive due process.” Cases recognizing such rights as contraception, abortion, and same-sex marriage do not, as conservatives claim, augur the end of legislation based on morality, nor do they simply substitute judicial values for popular ones. Responding to progressives who would relocate rights in equal protection, Fleming also explains how equality should complement rather than supplant liberty. Even if the Trump-packed high court overrules Roe v. Wade, protection for a domain of what Fleming aptly terms “personal self-government” likely will and certainly should remain a durable feature of American constitutionalism.” -- Michael C. Dorf, Cornell Law School“In the face of a Supreme Court that now more stridently than ever insists that law is simple fact, Fleming stands boldly for the position that law, and in particular law that safeguards our most intimate dignity, must inevitably reflect our actual constitutional values. Fleming vigorously revives the proud but now besieged position, once associated with Ronald Dworkin, that, through the doctrine of substantive due process, our constitutional law embodies the essence of American personhood.” -- Robert Post, Yale Law SchoolTable of Contents1. A Second Death of Substantive Due Process? Part I: Our Practice of Substantive Due Process 2. The Coherence and Structure of Substantive Due Process 3. The Rational Continuum of Ordered Liberty Part II: Substantive Due Process Does Not “Effectively Decree the End of All Morals Legislation” 4. Is Substantive Due Process on a Slippery Slope to “the End of All Morals Legislation”? 5. Is Moral Disapproval Enough to Justify Traditional Morals Legislation? Part III: Substantive Due Process Does Not Enact a Utopian Economic or Moral Theory 6. The Ghost of Lochner v. New York 7. Does Substantive Due Process Enact Mill’s On Liberty? Part IV: Conflicts between Liberty and Equality 8. The Grounds for Protecting Basic Liberties: Liberty Together with Equality 9. Accommodating Gay and Lesbian Rights and Religious Liberty Part V: The Future 10. The Future of Substantive Due Process Acknowledgments Notes Index
£22.80
The University of Chicago Press Constructing Basic Liberties A Defense of
Book SynopsisA strong and lively defense of substantive due process. From reproductive rights to marriage for same-sex couples, many of our basic liberties owe their protection to landmark Supreme Court decisions that have hinged on the doctrine of substantive due process. This doctrine is controversiala battleground for opposing views around the relationship between law and morality in circumstances of moral pluralismand is deeply vulnerable today. Against recurring charges that the practice of substantive due process is dangerously indeterminate and irredeemably undemocratic,Constructing Basic Libertiesreveals the underlying coherence and structure of substantive due process and defends it as integral to our constitutional democracy. Reviewing the development of the doctrine over the last half-century, James E. Fleming rebuts populararguments against substantive due process and shows that the Supreme Court has constructed basic liberties through common law constitutional interpretation: reasoning by analogy from one case to the next and making complex normative judgments about what basic liberties are significant for personal self-government. Elaborating key distinctions and tools for interpretation,Flemingmakes a powerful case that substantive due process is a worthy practice that is based on the best understanding of our constitutional commitments to protecting ordered liberty and securing the status and benefits of equal citizenship for all.Trade Review"Constructing Basic Liberties offers a nuanced and comprehensive defense of common law constitutional interpretation as it has been applied to one of the Constitution’s most general and far-reaching provisions: the due process clause." * The New York Review of Books *"Substantive due process is a legal tool. Judges can define an unenumerated right—to marry or travel, for instance—as so fundamental that it is among the liberties that the constitutional due process clause protects. For example, in the past, it was used to incorporate economic rights allowing businesspeople to oppress workers....Recently, however, it was used to guarantee gay marriage and the right of bodily autonomy in Roe v. Wade. Fleming argues that these cases are logically derived from a right to privacy and distinguishes them from the 'grave errors' of the past." * Choice *"Against recurring charges that the practice of substantive due process is dangerously indeterminate and irredeemably undemocratic, Fleming argues that there is an underlying coherence and structure of substantive due process and defends it as integral to constitutional democracy." * Law & Social Inquiry *"This book offers a marvelously spirited, sophisticated, and multi-faceted defense of the modern tradition of substantive due process. It deftly weaves doctrinal analysis with normative argument and answers objections with emphatic precision. Liberals and progressives will especially welcome the book’s concluding strategies for promoting constitutional liberty under a conservative Supreme Court.” -- Richard H. Fallon Jr., Harvard Law School“Fleming brings to life great clashes between Justice Kennedy and Justice Scalia, between two competing understandings of the Constitution, asking “Is it a basic charter of abstract aspirational principles like liberty and equality? Or a code of specific, enumerated rights whose meaning is determined by the deposit of concrete historical practices extant at the time of the adoption of the Fourteenth Amendment in 1868? Ultimately, Fleming shows that the Court’s modern due process cases—those protecting reproductive rights, sexual autonomy, marriage, and parenthood—are no less legitimate, from a constitutional or democratic perspective, than equal protection cases that are generally viewed as uncontroversial. In fact, Fleming convincingly demonstrates that the rights protected by the modern due process decisions are critical to the equal citizenship of women and LGBTQ individuals.” -- Reva Siegel and Douglas NeJaime, Yale Law School“In Constructing Basic Liberties, James Fleming offers a powerful and persuasive defense of the much-maligned Supreme Court practice of recognizing unenumerated rights under the aegis of “substantive due process.” Cases recognizing such rights as contraception, abortion, and same-sex marriage do not, as conservatives claim, augur the end of legislation based on morality, nor do they simply substitute judicial values for popular ones. Responding to progressives who would relocate rights in equal protection, Fleming also explains how equality should complement rather than supplant liberty. Even if the Trump-packed high court overrules Roe v. Wade, protection for a domain of what Fleming aptly terms “personal self-government” likely will and certainly should remain a durable feature of American constitutionalism.” -- Michael C. Dorf, Cornell Law School“In the face of a Supreme Court that now more stridently than ever insists that law is simple fact, Fleming stands boldly for the position that law, and in particular law that safeguards our most intimate dignity, must inevitably reflect our actual constitutional values. Fleming vigorously revives the proud but now besieged position, once associated with Ronald Dworkin, that, through the doctrine of substantive due process, our constitutional law embodies the essence of American personhood.” -- Robert Post, Yale Law SchoolTable of Contents1. A Second Death of Substantive Due Process? Part I: Our Practice of Substantive Due Process 2. The Coherence and Structure of Substantive Due Process 3. The Rational Continuum of Ordered Liberty Part II: Substantive Due Process Does Not “Effectively Decree the End of All Morals Legislation” 4. Is Substantive Due Process on a Slippery Slope to “the End of All Morals Legislation”? 5. Is Moral Disapproval Enough to Justify Traditional Morals Legislation? Part III: Substantive Due Process Does Not Enact a Utopian Economic or Moral Theory 6. The Ghost of Lochner v. New York 7. Does Substantive Due Process Enact Mill’s On Liberty? Part IV: Conflicts between Liberty and Equality 8. The Grounds for Protecting Basic Liberties: Liberty Together with Equality 9. Accommodating Gay and Lesbian Rights and Religious Liberty Part V: The Future 10. The Future of Substantive Due Process Acknowledgments Notes Index
£72.20
The University of Chicago Press The Making of Environmental Law
Book SynopsisAn updated and passionate second edition of a foundational book. How did environmental law first emerge in the United States? Why has it evolved in the ways that it has? And what are the unique challenges inherent to environmental lawmaking in general and in the United States in particular? Since its first edition, TheMaking of Environmental Lawhas been foundational to our understanding of these questions. For the second edition, Richard J. Lazarus returns to his landmark book and takes stock of developments over the last two decades. Drawing on many years of experience on the frontlines of legal and policy battles, Lazarus provides a theoretical overview of the challenges that environmental protection poses for lawmaking, related to both the distinctive features of US lawmaking institutions and the spatial and temporal dimensions of ecological change. The book explains why environmental law emerged in the manner and form that it did in the 1970s and traces how it developed over sTrade Review"In the second edition of The Making of Environmental Law, Richard J. Lazarus provides an updated account of the ways environmental law in the United States first emerged, its evolution over more than half a century, its unique inherent challenges, and its prospects. . . .the book offers a readable, informative, and detailed overview of the major developments in environmental law, with new chapters covering issues since the early 2000s. It is an essential resource on the recent history of federal environmental law in the United States." * H-Net (H-Environment) *Table of ContentsAcknowledgments Introduction Part I: Making Environmental Law 1. Time, Space, and Ecological Injury 2. The Implications of Ecological Injury for Environmental Protection Law 3. The Challenges for US Lawmaking Institutions and Processes of Environmental Protection Law Part II: The Road First Taken—The Twentieth Century 4. Becoming Environmental Law 5. Building a Road: The 1970s 6. Expanding the Road: The 1980s 7. Maintaining the Road: The 1990s Part III: A Road Disrupted—The Twenty-First Century 8. The Super Wicked Problem of Climate Change 9. The George W. Bush Administration: Redrawing the Battle Lines 10. The Obama Administration: Getting to Paris 11. The Trump Administration: Swinging the Meat Ax Part IV: Looking Back and Going Forward 12. Convergence and Building Blocks within Environmental Law 13. The Next Fifty Years Notes Index
£91.20
The University of Chicago Press Crime and Justice Volume 51 Prisons and Prisoners
Book SynopsisVolume 51 is a thematic volume on Prisons and Prisoners. Since 1979, the Crime and Justice series has presented a review of the latest international research, providing expertise to enhance the work of sociologists, psychologists, criminal lawyers, justice scholars, and political scientists. The series explores a full range of issues concerning crime, its causes, and its cures. In both the review and the occasional thematic volumes, Crime and Justice offers an interdisciplinary approach to address core issues in criminology. Volume 51 of Crime and Justice is the first to reprise a predecessor, Prisons (Volume 26, 1999), edited by series editor Michael Tonry and the late Joan Petersilia. In Prisons and Prisoners, editors Michael Tonry and Sandra Bucerius revisit the subject for several reasons. In 1999, most scholarly research concerned developments in Britain and the United States and was published in English. Much of that was sociological, focused on inmate subcultures, or psychological, focused on how prisoners coped with and adapted to prison life. Some, principally by economists and statisticians, sought to measure the crime-preventive effects of imprisonment generally and the deterrent effects of punishments of greater and lesser severity. In 2022, serious scholarly research on prisoners, prisons, and the effects of imprisonment has been published and is underway in many countries. That greater cosmopolitanism is reflected in the pages of this volume. Several essays concern developments in places other than Britain and the United States. Several are primarily comparative and cover developments in many countries. Those primarily concerned with American research draw on work done elsewhere. The subjects of prison research have also changed. Work on inmate subcultures and coping and adaptation has largely fallen by the wayside. Little is being done on imprisonment's crime-preventive effects, largely because they are at best modest and often perverse. An essay in Volume 50 of Crime and Justice, examining the 116 studies then published on the effects of imprisonment on subsequent offending, concluded that serving a prison term makes ex-prisoners on average more, not less, likely to reoffend. In 1999, little research had been done on the effects of imprisonment on prisoners' families, children, or communities, or evenexcept for recidivism on ex-prisoners' later lives: family life, employment, housing, physical and mental health, or achievement of a conventional, law-abiding life. The first comprehensive survey of what was then known was published in the earlier Crime and Justice:Prisons volume. An enormous literature has since emerged, as essays in this volume demonstrate. Comparatively little work had been done by 1999 on the distinctive prison experiences of women and members of non-White minority groups. That too has changed, as several of the essays make clear. What is not clear is the future of imprisonment. Through more contemporary and global lenses, the essays featured in this volume not only reframe where we are in 2022 but offer informed insights into where we might be heading. Table of ContentsPrefaceMichael Tonry Has the Prison a Future?Sandra Bucerius and Michael Tonry Punishments, Politics, and Prisons in Western CountriesMichael Tonry The COVID-19 Pandemic and the Future of the PrisonShadd Maruna, Gillian McNaull, and Nina O’Neill The Peculiar Journey: Race, Racism, and Imprisonment in American HistoryRobert D. Crutchfield Women in PrisonsSandra Bucerius and Sveinung Sandberg Indigenizing Prisons: A Canadian Case StudyJustin E. C. Tetrault The Prison and the GangDavid C. Pyrooz Drug Use Disorders before, during, and after ImprisonmentOjmarrh Mitchell The Effects of Imprisonment in a Time of Mass IncarcerationKatherine Beckett and Allison Goldberg Incarceration, Families, and Communities: Recent Developments and Enduring ChallengesSara Wakefield Careers in Criminalization: Reentry, Recidivism, and Repeated IncarcerationBruce Western and David J. Harding Index
£76.00
