Jurisprudence and general issues Books

Book SynopsisAn introduction to the fascinating interface between language and the law. Examining the nature of legal language, the book also explores the language of contracts, and the language of legal processes such as court cases, police investigations, and the management of prisoners.Trade Review"Forensic Linguistics fills a major gap and will be invaluable to those who teach courses on language and the law at both undergraduate and postgraduate level. It is wide ranging and accessible, with a large references section – ideal as an introduction to the subject. I will certainly use it with my own students." Malcolm Coulthard, University of Birmingham "This book brings a wealth of knowledge to the study of language and law. It should be of interest to a wide audience, including sociologists and anthropologists interested in studying such things as power relationships among participants in the legal system through close examination of linguistic behavior. The book more than meets its stated goal, “to open a door on the fascinating and important relationship between language and the law in its many aspects." Lawrence M. Solan, Brooklyn Law School "John Gibbons' book Forensic Linguistics provides a lucid overview of the general concepts and issues relating to linguistic communication in the justice system." New Zealand Studies in Applied Linguistics "This is part of Blackwell's excellent Language in Society series, and Gibbon's well-written and broadly engaging textbook continues that tradition... it is already receiving praise from students, students who judge books not only on scholarly content but accessibility... Forensic Linguistics will become the primary text in the growing interdisciplinary field of legal language and discourse." Discourse and SocietyTable of ContentsSeries Editor’s Preface vi Examples and Conventions vii Introduction: The Law and Language 1 1 Literacy and the Law 15 2 The Pursuit of Precision 36 3 Interaction and Power 74 4 Telling the Story 129 5 Communication Issues in the Legal System 162 6 Language and Disadvantage before the Law 200 7 Bridging the Gap 228 8 Law on Language 256 9 Linguistic Evidence 281 References 310 Index of Legal Cases and Legislation 327 Index 329

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Book SynopsisThis work presents a contemporary and interdisciplinary account of the various techniques used to regulate multinational enterprises at all levels. The coverage uses numerous case studies from developed and developing stages to unite theory and current practice.Trade Review"This is the most valuable book to have crossed my path in the last decade and will contribute massively to the quality of my lectures." Fred Burton, Manchester School of ManagementTable of ContentsList of Cases. List of Statutes. List of Treaties. List of Publications of Governments and International Organizations. Preface and Acknowledgements. List of Abbreviations. Part 1: The Conceptual Framework:. 1. Concern over Multinational Enterprises. 2. The Evolution of Modern Multinational Enterprises. 3. Business and Legal Forms of Multinational Enterprise: towards a Theory of Control. 4. Relations between MNEs and States: Towards a Theory of Regulation. Part II: Regulation by Home and Host States:. 5. The Jurisdictional Limits of Regulation through National or Regional Law. 6. The Control of Inward Investment by Host States. 7. Measures for the Encouragement of Inward Direct Investment. 8. Taxation Problems Associated with MNEs. 9. Group Liability and Director's Duties. 10. Accountability and Disclosure. 11. Regulation through Antitrust Law. 12. Technology Transfer. 13. Labour Relations. Part III: The Emerging System of International Regulation: . 14. Renegotiation and Expropriation. 15. The Settlement of International Investment Disputes. 16. The Codification of International Standards for the Treatment of Foreign Investors. 17. Bilateral Investment Treaties. Index.

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Book SynopsisA collection of articles written on children and the law, covering the essential areas of: child victimization; the reliability of children's accounts; truth and lies; children and the legal system; and children as perpetrators.Trade Review"In this volume, Professor Bull has compiled some of the most important articles on sexual abuse. It is particularly noteworthy that the collection includes seminal and central articles on the incidence, characteristics, and effects of sexual abuse; children's memory capacities and credibility, cognitive development, and practical issues concerning the ways in which children function in and are affected by legal institutions. All of these specialized topics are typically the focus of individual volumes, each too narrow to be of much value to students searching for a broad and clear understanding of the issues. Bull's new collection thus fills a noteworthy void; students and their teachers will be indebted to him." Michael Lamb; National Institute of Child Health and Human Development. Children and the Law: The Essential Readings is edited by Ray Bull, one of the United Kingdom's foremost and pioneering forensic psychologists. This book offers a thought provoking collection of papers to illustrate the difficulties and misunderstandings that can easily arise when children's lives and experiences collide with the requirements of the law. The five parts of the book cover the victimization of children, child witnesses' reliability and credibility, children's understanding of deception, their performance in the legal system, and their position as perpetrators of crimes. Children and the Law contains an outstanding collection of original papers and summary articles by internationally recognised contributors which will challenge students and researchers in both law and the social sciences to consider their own perspectives and methodologies. Those left eager for more are given suggested further readings and reflections by the editor rooted in his personal experiences. Helen Westcott, Open University "An ideal teaching and study resource. The papers should be of value to anyone who wants to learn more about children and the courts; practising professionals and laypersons alike. It goes without saying that the volume would be of value to students of psychology, child welfare, and law." Bob Duckett, Reference Reviews, Vol 16, 2002 "An enlightening read and one to be commended." Peggy Ray, Family Law, March 2002.Table of ContentsAcknowledgements. Introduction. Part I: Child Victimization:. 1. Victimization of Children: David Finkelhor and Jennifer Dzuiba-Leatherman. 2. Impact of Sexual Abuse on Children: A Review and Sysnthesis of Recent Empirical Studies: Kathleen A. Kendall-Tachett, Linda Meyer Williams and David Finkelhor. 3. Community-Level Factors and Child Maltreatment Rates: Beth Paterson.. Part II: Reliability of Children's Accounts:. 4. Reliability and Credibility of Young Children's Reports: From Research to Polity and Practice: Maggie Bruck, Stephen J. Ceci and Helene Hembrooke. 5. Emotion and Memory: Children's Long-Term Remembering, Forgetting and Suggestibility: Jodi A. Quas, Ggail S. Goodman, Ssue Bidrose, Margaret-Ellen Pipe, Susan Craw and Deborah S. Ablin. 6. Assessing the Accuracy of Young Children's Reports: Debra Poole and D. Stephen Lindsay. 7. Eyewitness Identification Accuracy of Children: A Summary: Joanna D. Pozzulo and Rod Lindsay.. Part III: Truth and Lies:. 8. Breaking the Mould: A Fresh Look at Children's Understanding of Questions about Lies and Mistakes: Michael Siegal and Candida C. Peterson. 9. Discussing Truth and Lies in Interviews with Children: Whether, Why, and How?: Mary Lyn Huffman, Amye R. Warren and Susan M. Larson.. Part IV: Children and the Legal System:. 10. Face-to-Face Confrontation: Effects of Closed-Circuit Technology on Children's Eyewitness Testimony and Jurors' Decisions: Gail S. Goodman, Ann E. Tobey, Jennifer M. Batterman-Faunce, Holly Orcutt, Sherry Thomas, Cheryl Shapiro and Toby Sachsenmaier. 11. When Lawyers Question Children: Is Justice Served?: Nancy W. Perry, Bradley D. McAuliff, Paulette Tam, Linda Claycomb, Colleen Dostal and Cameron Flanagan.. Part V: Children as Perpetrators:. 12. The Development of Male Offending: Key Findings from the First Decade of the Pittsburgh Youth Study: Rolf Leober, DavidP. Farrington, Magda Stouthamer-Loeber, Terrie E. Moffitt and Avshalom Caspi. 13. Child and Adolescent Sex Abuse Perpetrators: A Review of the Research Literature: Eileen Vizared, Elizabeth Monck and Peter Misch. Index.

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Book SynopsisThe Blackwell Companion to Law and Society is an authoritative study of the relationship between law and social interaction. Thirty--three original essays by an international group of expert scholars examine a wide range of critical questions.Trade Review"This collection of law and society scholarship fills a gap that many of us in the field have lamented for years. Encyclopedic in scope, it manages to represent the rich diversity of the field while still making a strong case for a law and society "canon". It is bound to become a classic." Kitty Calavita, University of California, Irvine "Austin Sarat and his contributors have compiles a valuable and authoritative introduction to a substantial body of scholarship and reflection on the relationship between law and society. this will be an essential resource for both novice and experienced workers in this field." Robert Dingwall, University of NottinghamTable of ContentsPreface. List of Contributors. 1. Vitality Amidst Fragmentation: On the Emergence of Post-Realist Law and Society Scholarship:. Austin Sarat (Amherst College). Part I: Perspectives on the History and Significance of Law and Society Research:. 2. Law in Social Theory, And Social Theory in the Study of Law: Roger Cotterrell (University of London). 3. Profession, Science, and Culture: An Emergent Canon of Law and Society Research: Carroll Seron (Baruch College of the City University of New York) and Susan S. Silbey (M.I.T). Part II: The Cultural Life of Law:. 4. The Work of Rights and the Work Rights Do: A Critical Empirical Approach: Laura Beth Nielsen (American Bar Foundation). 5. Consciousness and Ideology: Patricia Ewick (Clark University). 6. Law in Popular Culture: Richard Sherwin (New York Law School). 7. Comparing Legal Cultures: David Nelken (University of Macerata). Part III. Institutions and Actors:. 8. The Police and Policing: Jeannine Bell (Indiana University). 9. Professional Power: Lawyers and the Constitution of Professional Authority: Tanina Rostain (New York Law School). 10. Courts and Judges: Lee Epstein (Washington University) and Jack Knight (Washington University). 11. Jurors and Juries: Valerie P. Hans (University of Delaware) and Neil Vidmar (Duke University). 12. Regulators and Regulatory Processes: Robert Kagan (University of California, Berkeley). 13. The Legal Lives of Private Organizations: Lauren B. Edelman (University of California-Berkeley). Part IV. Domains of Policy:. 14. Legal Regulation of Families in Changing Societies: Susan Boyd (University of British Columbia). 15. Culture, “Kulturkampf” and Beyond: The Antidiscrimination Principle Under the Jurisprudence of Backlash: Francisco Valdes (University of Miami). 16. The Government of Risk: Pat O’Malley (Carleton University). 17. Thinking About Criminal Justice: Socio-Legal Expertise and the Modernization of American Criminal Justice: Jonathan Simon (University of California, Berkeley). 18. Rights in the Shadow of Class: Poverty, Welfare, and the Law: Frank Munger (New York Law School). 19. Immigration: Susan Sterett (University of Denver). 20. Commodity Culture, Private Censorship, Branded Environments, and Global Trade Politics: Intellectual Property as a Topic of Law and Society Research: Rosemary J. Coombe (York University). 21. Legal Categorizations and Religion: On Politics of Modernity, Practices, Faith, and Power: Gad Barzilai (Tel-Aviv University). 22. The Role of Social Science in Legal Decisions: Jonathan Yovel (University of Haifa) and Elizabeth Mertz (University of Wisconsin). Part V. How Does Law Matter?. 23. Procedural Justice: Tom Tyler (New York University). 24. A Tale of Two Genres: On the Real and Ideal Links Between Law & Society and Critical Race Theory: Laura Gomez (UCLA). 25. The Constitution of Identity: Gender, Feminist Legal Theory and the Law and Society Movement: Nicola Lacey (Australian National University). 26. Sexuality, Law and Society: Leslie J. Moran (Birkbeck College, University of London). 27. Law and Social Movements: Michael McCann (University of Washington). 28. “The Dog That Didn’t Bark:” A Soci0-Legal Tale of Law, Democracy and Elections: Stuart Scheingold (University of Washington). Part VI. Studying Globalization: Past, Present, Future:. 29. Ethnographies of Law: Eve Darian-Smith (University of California, Santa Barbara). 30. Colonial and Post-Colonial Law: Sally Merry (Wellesley College). 31. Human Rights: Lisa Hajjar (University of California-Santa Barbara). 32. The Rule of Law and Economic Development in a Global Era: Kathryn Hendley (University of Wisconsin). 33. Economic Globalization and the Law in the 21st Century: Francis Snyder (Université d'Aix-Marseille III, Centre d'Etudes et de Recherches Internationales et Communautaires). Index

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Book SynopsisIn this prestigious edited collection, an international group of leading contributors to the law of regulation take stock of the erosion of belief in centralised planning and command and control regulation which has accompanied the collapse of communism. They explore the new directions in regulatory theory which must now be pursued.Table of ContentsIntroduction: Reconceptualizing Regulation in the Era of Globalization: Sol Picciotto. 1. Rewards and Regulation: John Braithwaite. 2. Values and Purpose in Government: Central-local Relations in Regulatory Perspective: Peter Vincent-Jones. 3. Private Regulation of the Public Sector: A Neglected Facet of Contemporary Governance: Colin Scott. 4. Using Private-Public Linkages to Regulate Environmental Conflicts: The Case of International Construction Contracts: Oren Perez. 5. Competition Law in the International Domain: Networks as a New Form of Governance: Imelda Maher. 6. Technical Cooperation and the International Coordination of Patentability of Biotechnological Inventions: Louise Davies. 7. Regulatory Conversations. Julia Black. 8. The Emotional Dimension in Legal Regulation: Bettina Lange.

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Book SynopsisShould a lawyer keep a client's secrets even when disclosure would exculpate a person wrongly accused of a crime? When can lawyers justifiably make procedural maneuvers that defeat substantive rights? Simon offers a fresh look at these and other traditional questions about the ethics of lawyering.Trade ReviewThough slender and unpretentious, William Simon's new book, The Practice of Justice, packs a wallop. Aiming at nothing less than a radical rethinking of lawyer's ethics, it proposes a new conception of our professional responsibilities and challenges us to examine critically the conventional norms of our professional role. Along the way, it explores the scope and underpinning of our loyalty to clients, our obligations to protect the rights of third parties and our duty to promote justice...Simon's writing is lucid, well-organized and jargon-free...The cogency of [his] critique of the dominant view...shakes the grounds on which we currently practice...Thus, Simon's work is profoundly unsettling, even disorienting, both intellectually and emotionally. Therein lies its enormous value. -- James M. Altman * New York Law Journal *Thus, it is easily argued that lawyers should practice under a very different ethical regime. The problem is, then, what should that regime look like? How should we expect lawyers to act in the current context? Simon offers a valuable answer, to be sure…It hasn't closed the debate over legal, but jump-started it by making a serious and important contribution to thinking about the practice of law. For that he merits great praise. -- Thomas M. Hilbink * The Law and Politics Book Review *William Simon is the George Orwell of the legal profession, a fearless, bluntly honest and clear-sighted observer whose sharp critique of lawyers' practices arises from his deep attachment to their ideals. Simon's book is clearly one of the most important statements of the aims, purposes, and practical ethics of law practice ever to have appeared in this legal culture. His ambition is to reconceptualize the entire subject, to give a thorough exposition and critique of the ethical views that currently permeate law practice in this society, and to put forward a fully-fledged alternative. The special power and appeal of Simon's approach consists in that he views legal ethics neither as solely tied to specialized rules or roles nor as a branch of personal morality, but as necessarily and intimately connected with the justice-serving goals of the legal system. His analysis of how lawyers can cope with the inevitable complexities and ambiguities of a legal system shot through with conflicting purposes is especially brilliant. Unlike so much writing on professional ethics, Simon's is neither naively idealistic nor cynical and demoralized: it is impressive because his views are grounded in considerable experience, personal and vicarious, of how lawyers actually behave--every point is illustrated by thickly described examples of real practice situations--and are also linked to basic conceptions of jurisprudence and social theory. It would be hard to find a better illustration in legal literature of how theory can inform and structure inquiries into practice, and the knowledge of practice in turn help to qualify and amplify theoretical insight. Original and unconventional, Simon's work challenges almost all of the prevailing orthodoxies of legal ethics. Whether or not lawyers are ultimately convinced by Simon's efforts to reconstruct legal ethics on a foundation of lawyering as a justice-seeking profession, if they read his work carefully they will never be able again to think about their work in the comfortable old formula of zealous advocacy in an adversary system. -- Robert W. Gordon * Yale Law School *Table of ContentsIntroduction An Anxious Profession The Moral Terrain of Lawyering The Dominant View and Alternatives A Preview False Starts A Right to Injustice The Entitlement Argument The Libertarian Premise The Positivist Premise Libertarianism versus Positivism The Problem of Retroactivity The Problem of Private Legislation Conclusion Justice in the Long Run Confidentiality The Adversary System and Trial Preparation Identification with Clients and Cognitive Dissonance The Efficiency of Categorical Norms Aptitude for Complex Judgment Conclusion Should Lawyers Obey the Law? Lawyer Obligation in the Dominant View Positivist versus Substantive Conceptions of Law The Pervasiveness of Implicit Nullification Some Clarification about Nullification Nullification versus Reform Tax versus Prohibition Determination versus Obligation A Prima Facie Obligation? Divorce Perjury and Enforcement Advice Revisited Conclusion Legal Professionalism as Meaningful Work The Problem of Alienation The Professional Solution The Lost Lawyer The Brandeisian Evasions Self-Betrayal Conclusion Legal Ethics as Contextual Judgment The Structure of Legal Ethics Problems Some Objections The Moral Terrain of Lawyering Revisited Is Criminal Defense Different? Contested Issues Weak Arguments for Aggressive Criminal Defense Social Work, Justice, and Nullification The Stakes Conclusion Institutionalizing Ethics A Contextual Disciplinary Regime: The Tort Model Restructuring the Market for Legal Services Conclusion Notes Further Reading Acknowledgments Index

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Book SynopsisThis text argues that constitutional change, seemingly so orderly, and refined, has in fact been a revolutionary process from the first. It sets contemporary events, such as the Reagan revolution, in deeper, constitutional perspective and considers fundamental reforms that might resolve them.Trade ReviewIt sounds rather, well, unconstitutional to say the Constitution can be ignored when great issues are at stake, so long as the People are on your side. But that concept, according to Mr. Ackerman, is the key to understanding our constitutional system...Mr. Ackerman is attempting [a] revolution in the way we look at constitutional law. It's a massive endeavor...[which] mates history and legal theory at a time when specialization has sent the two disciplines in different directions...[It has] drawn much praise--Sanford Levinson, of the University of Texas's law school, has called it 'The most important project now under way in the entire field of constitutional theory'...This is one professor, it's safe to say, who couldn't be accused of dodging the big questions. -- Christopher Shea * The Chronicle of Higher Education *We the People: Transformations is a welcome return to a sort of constitutional and political history that is no longer fashionable in the academy, where social history is now ascendant. It is, in addition, a lively and informative read. -- Adam Wolfson * Commentary *[Bruce Ackerman's] particular constitutional focus is Article Five, that lays down the rules for the process of constitutional amendments, and how "We the people" have transformed the constitution in ways not laid down by such rules in the three most significant constitutional processes in American history: 1787, Reconstruction, and the New Deal...[This] book may serve as an instance of American Studies at its very best...Ackerman's analyses and arguments may at times be controversial but they are always clearly and convincingly expressed. Running through its narrative and serving to make it a compelling one is the story of how the United States has developed from a federation of states to a nation. -- Orm Overland * American Studies in Europe *We the People offers a thoroughly researched, provocative, and passionate counterpoint to the now stale debate over original intent as a guide to constitutional understanding. -- Kermit L. Hall * Journal of American History *This is a superb, provocative, and often gripping account of how We the People mobilize to produce constitutional change. A wonderful blend of history, political science, and constitutional law, this volume attempts to vindicate Ackerman's striking claim that the Civil War and the New Deal inaugurated large-scale constitutional transformations. -- Cass Sunstein, University of Chicago Law SchoolTwo myths sustain the American people, Ackerman suggests. The first holds that the federal government consistently ignores the will of the people, whose mandate must constantly be pressed against its compromised and uncompromising leaders. The second is that our Constitution is so artfully constructed that changing it, for good or bad, is nearly impossible. Drawing on subtle legal argument and a solid command of history, Ackerman goes on to suggest that although the first scenario may seem to be accurate, the second is certainly not; governments have frequently bent the Constitution to serve their ideological ends...Readers well grounded in constitutional law will find Ackerman's arguments fascinating and provocative. * Kirkus Reviews *In an analysis which is by turns breezy, scholarly and impassioned, Ackerman investigates the origins of those 'transformative moments' in the past when the American people have engaged in a 'deepening institutional dialogue' with political elites to adapt and renew the United States Constitution, thereby reaffirming and extending popular sovereignty…The energy and learning with which its case is advanced make Transformations the most provocative intellectual history of constitutional issues published in many a year. -- Peter Thompson * English Historical Review *Table of Contents* Acknowledgments Part 1: In the Beginning * Higher Lawmaking * Reframing the Founding * The Founding Precedent Part 2: Reconstruction * Formalist Dilemmas * Presidential Leadership * The Convention/Congress * Interpreting the Mandate * The Great Transformation Part 3: Modernity * From Reconstruction to New Deal * Rethinking the New Deal * The Missing Amendments * Rediscovery or Creation? * Reclaiming the Constitution * Frequently Cited Works * Notes * Index

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Book SynopsisOne of America's preeminent constitutional scholars, Sunstein mounts a defense of the most striking characteristic of modern constitutional law: the inclination to decide one case at a time. Examining various controversies, he shows how—and why—the Court has avoided broad rulings, and in doing so has fostered public debate on difficult topics.Trade ReviewWith his new book, Sunstein joins a distinguished line of liberal constitutional theorists who have defended the democratic value of judicial modesty...[One Case at a Time is] uniquely well-suited to an age that has lost its constitutional faith...No other scholar has captured the temper of the current majority as neatly as Sunstein, nor has anyone else attempted to provide a theoretical justification for what other observers took to be ad-hockery or improvisation. For these reasons, Sunstein's book deserves close attention. -- Jeffrey Rosen * New Republic *Sunstein is among this country's most respected legal scholars [and] One Case at a Time reflects [his] mastery of Supreme Court law, of constitutional theory and of political science...One Case at a Time presents a fascinating argument: that there is a hidden majority of [judicial minimalist] Justices, that it is right in what it is doing and that it is adjudicating in a way that moves beyond the recent ideological stalemate about the Supreme Court's role...[Sunstein's] book demonstrates what a shame it is that the Clinton White House hasn't picked him to serve as a Federal judge. The Reagan and Bush Administrations put accomplished legal theorists on the bench to turn their conservative vision into legal reality. But the Clinton team has failed to follow the Reagan-Bush lead... One Case at a Time makes that reluctance look like a significant lost opportunity. Respectful of the political branches, mindful of the role of the Supreme Court in the whole of American government, this admirable book makes a judicious case for a philosophy of judging as a humble, difficult, essential art. The book also demonstrates that Sunstein would practice that art well. -- Lincoln Caplan * New York Times Book Review *In a lucid examination of specific cases, Mr. Sunstein demonstrates how [judicial minimalism] should be done and achieves what has so far been elusive, a genuine theory of judicial minimalism, which many judges strive for but often have difficulty describing or justifying. * The Economist *With One Case at a Time, Cass Sunstein may well become known as the Nathan Detroit of constitutional law. For this is a shrewd and clever book. -- Gary McDowell * Washington Times *In One Case at a Time, Sunstein describes the current Supreme Court's 'judicial minimalism'--deciding cases as narrowly as possible, without widely applicable rules. This position, he urges, can support deliberative democracy, particularly if the issues involved are complex and no citizen consensus has emerged. Sunstein outlines his arguments and applies it in analyzing recent decisions on 'affirmative action, discrimination on the basis of sex and sexual orientation, the right to die, and new issues of free speech raised by...communications technologies.' He then addresses alternatives to minimalism, mainly Justice Scalia's 'democratic formalism' and the complaint that minimalist decisions lack theoretical depth as well as breadth, concluding by summarizing his view of the place of judicial minimalism in a democracy. -- Mary Carroll * Booklist *Labeling and 'bean counting' of the Supreme Court and its Justices are frequently all that Americans get by way of description of the activities of the highest court in our system. Even the legal profession finds it is easier to label than to analyze. That is why Cass Sunstein's book is just what the country needs--an understandable analysis of how this Supreme Court goes about its decision making. If it seems to make the 'conservatives' the 'activists' and the 'liberals' the 'strict constructionists,' that only proves that those labels are not very useful and more often than not reflect the eye of the beholder. Nor can Professor Sunstein's use of the word minimalism be dismissed as just another pretty label. The term aptly describes what has been the very touchstone of both the common law and constitutional theory in America for a long, long time. The book represents Sunstein at his best. -- Abner J. Mikva, former Chief Judge, U.S. Court of Appeals for the D.C. CircuitAgainst the tide of those who lament the lost Warren Court or hunger for its conservative successor, Cass Sunstein argues that the current Supreme Court correctly avoids grand constitutional theories in favor of narrow decision making that leaves most matters of distribution and social justice to be decided by democratic majorities. Written with great lucidity, verve, and mastery of contemporary currents in political theory and constitutional law, this is the first judicial philosophy of and for the post-Bork appointees to the Court. -- Kathleen M. Sullivan, Stanford Law SchoolAn original and deftly executed contribution to the voluminous literature on constitutional interpretation. Sunstein is utterly at home with the details of constitutional opinions and with recent work in political theory. Scrutinizing the work of the current Supreme Court in various legal domains, he urges the democratic merits of its caution. This is a book not just for professors and lawyers, but for citizens. -- Don Herzog, University of Michigan Law SchoolTable of ContentsPart 1 Argument: leaving things undecided; democracy-promoting minimalism; decisions and mistakes; minimalism's substance. Part 2 Applications: no right to die? affirmative action casuistry; sex and sexual orientation; the first amendment and new technologies. Part 3 Antagonists: width? Justice Scalia's democratic formalism; depth? from theory to practice; conclusion - minimalism and democracy.

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Book SynopsisThe ideal of evenly balanced sporting contests is continually challenged by economic, social, and technological forces. Consequently, Weiler argues, the law is essential to level the playing field for players, owners, fans, and taxpayers. Weiler analyzes a wide array of moral and economic issues that arise in all American competitive sports.Trade ReviewPaul Weiler has always been a name and an opinion you can trust in the sports industry. His advice is sought out by all. He has created a standard that will be hard to duplicate. -- Gene Upshaw, Executive Director of the NFL Players AssociationAn insightful and penetrating book about the problems of professional sports leagues in the United States...Although most of Leveling the Playing Field deals with economic and legal issues affecting pro sports...most interesting...are Weiler's ideas about how to balance the field, improve equitable treatment of athletes and avoid labor unrest...Leveling the Playing Field is a levelheaded, sophisticated and important look into what ails professional sports in the United States and what can be done about it. -- Andrew Zimbalist * Washington Post *[A] keen-edged dissection of modern professional sports in America. -- Mike Leary * Baltimore Sun *[Leveling the Playing Field] may be the best work in the field...[It] offers an accessible, comprehensive analysis of the nature of the professional sports enterprise, and presents the author's vision for how it should be reordered. To my knowledge, no one has done this before. Rich and provocative...[Weiler's] book is chock-full of inventive, provocative, even audacious, proposals for reforming the four major professional team sports [baseball, basketball, football and hockey]...This is a book that cannot be ignored. Leveling the Playing Field likely will become the starting point for any discussion of the state of the North American sports enterprise at the turn of the new century. -- Roger I. Abrams * Jurist: Books-on-Law *This provocative book combines the broad knowledge of an all-seasons sports fan with the clarity of an anti-trust lawyer. Weiler...approaches major league sports as a special study in cartel theory...[He] writes lucidly and persuasively; rarely has the surface of professional sports been so revealingly pared away. -- Allen D. Boyer * New York Times Book Review *Leave it to a professor from Harvard Law School to untangle the dizzying realities of contemporary sports, then offer valid proposals for dealing with escalating salaries, antisocial off-field player behavior, revenue sharing and stadium quandaries. * USA Today Baseball Weekly *Making sense of the business of professional sports demands advanced degrees in law and commerce. Who but the experts can fathom the complexities of hard and soft salary caps, Group Two free agencies, revenue-sharing and the intricacies of collective-bargaining agreements? Happily, Paul Weiler has arrived to answer the literate...fan's many questions while providing a road map for players, owners, and governments about how to put professional sports on a better financial footing while retaining fan loyalty...Weiler has delivered a wonderfully balanced, nuanced, and richly detailed look at professional sports. -- Jeffrey Simpson * Globe and Mail *Paul Weiler has been at the forefront for a long time as an expert in sports and labor. He has been consulted in many of the cases that helped shape the way sports changed in the 70s and 80s on the way to the collective bargaining agreements that all leagues are now working with. He has a better grasp of this subject than anyone I know. When it comes to sports law, Paul Weiler knows the answer before you ask the question. -- Will McDonough * Boston Globe *Leveling the Playing Field is likely to become a starting point for any discussion of the American sports enterprise. It is a history book, filled with storytelling and inside sports gossip of interest to the fans, with some very telling conclusions bound to create a fair amount of controversy. Weiler approaches the sports enterprise with confidence, leaving nothing sacred and untouchable. -- Roger I. Abrams, Dean, Northeastern University School of Law, author of Legal Bases: Baseball and the LawThe idea that the American legal system can improve something for the public benefit is indeed novel, and many potential readers may be intrigued by such an unusual, first-time-for-everything prospect…The discussion finally reveals major league sport for what it really is: a vast funneling operation by which public money is transferred into the pockets of a few playing partners. -- John Barnes * ISUMA *Table of ContentsPrologue: Sports on Trial PART 1: THE INTEGRITY OF SPORTS 1. Misconduct on the Field 2. Honoring Civil Rights in Sports 3. The Deadliest Sin in Sports 4. The Sports War on Drugs 5. Athletes as Role Models 6. The Moral Ideal for American Sports PART 2: OWNERS VERSUS PLAYERS 7. Show Us the Money 8. Sports Joins the Union 9. Opening the Flood-Gates 10. What Antitrust Did for Players 11. How to Level the Player Field 12. Salary Sharing among Players PART 3: OWNERS VERSUS OWNERS--AND FANS/B> 13. The Brave New World of Franchise Free Agency 14. How Far Have We Traveled? 15. What the Law Should Do with Raiders 16. Stadium Socialism or a Stadium Cap? 17. Sports in Intellectual Space 18. What Should Leagues Be Like? 19. Expand or Break Up the Big Leagues? 20. A Better World for Fans Epilogue: A Performance--Enhancing Law for Sports Acknowledgments Index

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Book SynopsisHow far should society go in permitting people to buy and sell goods and services? Radin addresses this controversial issue in an exploration of contested commodification. As a philosophical pragmatist, the author argues for an incomplete commodification, in which some contested things can be bought and sold, but only under regulated circumstances.Trade ReviewRadin's book is both complex in structure and highly nuanced in argument. Essentially it is a critique of existing theories of commodification that develops a distinctive approach to understanding commodification...Radin, like liberal political theorists, seeks a middle way between universalized commodification and universalized noncommodification, instead of a thesis of compartmentalized commodification she offers a thesis of 'incomplete commodification'...[An] insightful and rewarding book. -- Deryck Beyleveld * Journal of Law and Society *In this thought-provoking book Margaret Jane Radin asks us to consider whether there are some areas of social life which should be off-limits to the market, and whether some human interactions should be exempted from market-style forms of description and analysis. Although Radin is not the first theorist to address these issues, her eloquently written book contains some of the most sophisticated treatment they have received thus far. She convincingly makes the point that unless we transcend those models of human behaviour which characterize all human interactions as market exchanges, we may find ourselves unable to engage in the forms of valuing required for the maintenance and promotion of a humane society...The book represents a significant contribution to debate about the role of markets and market ideology in modern democratic polities. Future discussions of these issues will undoubtedly be influenced by Radin's work. -- A. J. Walsh * Philosophical Quarterly *Margaret Radin asks, why not put everything up for sale? Her answer is that doing so would impair human flourishing by compromising the social contexts needed for personhood. She offers a general approach to determining the ethical limits of markets and shows how it works in cases ranging from organ sales, prostitution, and commercial surrogate motherhood to the 'free marketplace of ideas,' compensation in torts, and public choice theories of democracy. Radin's contributions to this controversy are consistently illuminating and through provoking...For anyone interested in the ethical limitations of markets, this book is required reading. -- Elizabeth Anderson * Ethics *What does it say about us, and what does it do to us, when we talk about people as commodities to be traded in the market? Radin's profound, subtle, and disturbing book asks how the texture of our human world may be altered by ways of speaking and thinking, apparently innocuous and nicely scientific, that we import from market economics and use to characterize non-market behavior. A distinguished writer about property law, Radin avoids facile answers and stresses the complexity of the issue. Nonetheless, she leaves her reader with a warning: the models we use shape the people we may become. One day we may find to our grief (or, worse still, lack of grief) that our intellectual inventions have reinvented our world. -- Martha Nussbaum, University of ChicagoProfessor Radin has brought very considerable intellectual courage and perspicacity to bear on one of the most vexing and central issues in any liberal, market-based society--where should the market (and market rhetoric) end, and politics begin in the allocation of scarce resources? Law and economics scholars, who more or less assume the virtues of the private market, in most contexts, will be especially challenged by Radin's anlysis. Her book is also beautifully written and displays an elegance and lucidity that is absent in much modern legal scholarship. -- Michael J. Trebilcock, University of TorontoAt a time when belief in markets is ascendant throughout the world, Contested Commodities challenges--at the most fundamental level--the very idea of exchanging things for money. Margaret Jane Radin's arguments are subtle and nuanced, and her central claim about the potentially dehumanizing effects of exchange is powerful and important. No one in recent decades has made this case against the dominance of markets as well as Radin. -- David Strauss, University of Chicago

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Book SynopsisIn the twentieth century, American society has experienced a rights revolution: a commitment by the national government to promote a healthful environment, safe products, freedom from discrimination, and other rights unknown to the founding generation. This development has profoundly affected constitutional democracy by skewing the original understanding of checks and balances, federalism, and individual rights. Cass Sunstein tells us how it is possible to interpret and reform this regulatory state regime in a way that will enhance freedom and welfare while remaining faithful to constitutional commitments. Sunstein vigorously defends government regulation against Reaganite/Thatcherite attacks based on free-market economics and preNew Deal principles of private right. Focusing on the important interests in clean air and water, a safe workplace, access to the air waves, and protection against discrimination, he shows that regulatory initiatives have proved far superior to an approach that relies solely on private enterprise. Sunstein grants that some regulatory regimes have failed and calls for reforms that would amount to an American perestroika: a restructuring that embraces the use of government to further democratic goals but that insists on the decentralization and productive potential of private markets. Sunstein also proposes a theory of interpretation that courts and administrative agencies could use to secure constitutional goals and to improve the operation of regulatory programs. From this theory he seeks to develop a set of principles that would synthesize the modern regulatory state with the basic premises of the American constitutional system. Teachers of law, policymakers and political scientists, economists and historians, and a general audience interested in rights, regulation, and government will find this book an essential addition to their libraries.Trade ReviewOver the past decade Cass Sunstein has emerged as one of the country’s most prolific and provocative legal scholars. After the Rights Revolution is a rich discussion of how the courts have handled—and should handle—the plethora of regulatory statutes enacted since 1932. It deserves to be read widely by students of politics. -- R. Shep Melnick * Political Science Quarterly *Cass Sunstein’s After the Rights Revolution is the best attempt I have encountered to theoretically formulate a standard for the new ‘rights.’ Because it is so elegantly argued and so well written, it deserves considerable attention. -- Alan Stone * Policy Studies Journal *We all need help finding our way around the American administrative state. An important guidebook has now arrived. The publication of Cass Sunstein’s After the Rights Revolution is a significant event for those interested in administrative law and regulation, as well as for those concerned with the theory of legal interpretation. -- Ronald F. Wright * Yale Law Journal *The analysis of statutory interpretation is the book’s finest achievement. Sunstein launches a brilliant and devastating critique of interpretive theories which hold that interpretation should be a function solely of statutory text or legislative intent, and which reject any role for background norms or controversial public policy views. -- Richard B. Stewart * California Law Review *This century has seen a ‘rights’ revolution, says [Sunstein]: In addition to their traditional freedoms, Americans now have a right to clean air and safe consumer products, for example. Moreover, he argues, these rights, indispensable in a modern industrial democracy, are better protected by government regulation than by private enterprise. Thinking of the deregulation-inspired Savings & Loan debacle, the reader may agree. Despite the many failures and even tyranny of government regulatory schemes, constitutional government and regulatory legislation are compatible, says Sunstein, who offers recommendations for improving the constitutional underpinnings of regulatory schemes and minimizing the dangers of bureaucratic government. This book gives regulatory law a legitimacy it seldom receives in American legal theory and political science. -- Rex Bossert * California Lawyer *Cass Sunstein sets out not to bury regulation, but to save it—to save it from both its friends and its enemies. He seeks to make the regulatory state more legitimate and effective by creating a set of norms for judicial review of regulatory statutes and administrative actions, norms that emphasize efficiency and consistency and—most of all—democratic deliberation and equality. -- Dennis J. Coyle * Law and Politics Book Review *If the size and ambition of our government are not mistakes—and Sunstein makes that case well—then we need to address its works in ways that both enhance its opportunities for success, and promise restraints on its power. After the Rights Revolution is an important effort in that direction. -- Peter L. Strauss * Michigan Law Review *After the Rights Revolution is a thoughtful and compelling analysis of the United States welfare state and the role of courts in modern government. Sunstein argues that it is the deliberate process of government and its potential for political actors to engage in emphatic dialogue with other participants which gives democracy its emancipatory potential. -- Patrick Keyzer * Sydney Law Review *In this provocative and lively book, Sunstein argues that the Reagan adminstration’s vigorous attack on government regulation was misplaced, contending that government regulation is superior to the behavior of private markets… Sunstein thus offers a spirited defense of the ‘rights revolution’ embodied in the new social and economic regulation—from clean air and water to antidiscrimination rules—that have swept government since the New Deal, and especially since the 1960s… The result is a careful, prescriptive study positioned among theorists’ visions of justice, laywers’ concepts of due process, and politicians’ imperatives for effective policy. -- American Library AssociationSunstein calls on courts, and the rest of us, to redeem the promise of the New Deal and Great Society. A splendid statement of the role that law can play in building a more progressive America. -- Bruce A. Ackerman, Sterling Professor of Law and Political Science, Yale Law SchoolProfessor Sunstein makes use of an impressive range of materials and applies to them some considerable wisdom and good judgment. After the Rights Revolution is an important statement for the 1990s. -- Steven Kelman, Professor of Public Policy, Kennedy School of Government at Harvard UniversitySunstein should be required reading on everybody’s list of public affairs books. It’s already on mine, for my undergraduate as well as graduate students. The analysis is rigorous, the message is clear. The book provides the defense of regulation we have needed during the laissez-faire era. Yet it gives little comfort to knee-jerk regulators. In other words, it makes a great target for folks of every persuasion. -- Theodore J. Lowi, John L. Senior Professor of American Institutions, Cornell UniversityAfter the Rights Revolution is a powerful and provocative rethinking of regulatory jurisprudence. Cass Sunstein provides an illuminating review of how and why regulation succeeds and fails. He then offers new canons of construction that judges should use to interpret regulatory statutes in the public interest. This stimulating book is essential reading for public law and regulatory government. -- Richard B. Stewart, Assistant Attorney General, United States Department of JusticeTable of ContentsIntroduction Regulation and Interpretation The Anachronistic Legal Culture 1. Why Regulation? A Historical Overview Public and Private Ordering 2. The Functions of Regulatory Statutes Market Failures Public-Interested Redistribution Collective Desires and Aspirations Diverse Experiences and Preference Formation Social Subordination Endogenous Preferences Irreversibility, Future Generations, Animals, and Nature Interest-Group Transfers and "Rent-Seeking" The Problem of Categorization 3. How Regulation Fails Failures in the Original Statute Implementation Failure Linking Statutory Function to Statutory Failure Paradoxes of the Regulatory State--and Reform 4. Courts, Interpretation, and Norms Flawed Approaches to Statutory Interpretation Interpretive Principles An Alternative Method 5. Interpretive Principles for the Regulatory State The Principles Priority and Harmonization Fissures in the Interpretive Community The Postcanonical Legal Universe 6. Applications, the New Deal, and Statutory Construction Particulars The New Deal and Statutory Construction Conclusion The Constitution of the Regulatory State--and Its Reform Interpreting the Regulatory State Appendix A. Interpretive Principles Appendix B. Selected Regulations in Terms of Cost Per Life Saved Appendix C. The Growth of Administrative Government Notes Index

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Book SynopsisProvides an in-depth analysis and synthesis of the economic approach to the building blocks of the US legal system - namely property law, tort law, contract law and criminal law. The book examines the litigation process as well as welfare economics and morality.Trade ReviewFor the past 30 years, Steven Shavell has been one of the prolific and influential contributors to the economic analysis of law, the foremost intellectual movement in law in the last half century. His new book is a lucid, accessible, authoritative, critical, and comprehensive treatise on the economics of the fundamental doctrines and institutions of the law. It is at once a major contribution to scholarship, a useful reference tool, and a valuable introduction to an approach to law that no serious student of the law can any longer afford to neglect. -- Richard A. Posner, Judge, U.S. Court of Appeals for the Seventh CircuitShavell's book provides a masterful, non-technical synthesis of the classical topics of law and economics. It is comprehensive, clear and readable. The book will be a great source both for neophytes who want to learn about this important area, and for experts who want to make sure that they are up-to-date on the latest developments. -- Oliver Hart, Department of Economics, Harvard UniversityLaw and Economics is one of the great intellectual triumphs of social science. Shavell's book offers a compelling account of the accomplishments and challenges of the field at the beginning of the 21st century. -- Andrei Shleifer, Department of Economics, Harvard UniversitySince the 1970s, Steven Shavell has written one path-breaking article after another. Not only has he collected the insights from this large body of work under one roof here, he has added to it both by integrating it into a coherent whole, and by filling in numerous gaps in the literature. For someone interested in getting to the cutting edge of law-and-economics scholarship as quickly as possible, this book is a "must read." It clearly will become the authoritative treatise on the economic analysis of law. -- A. Mitchell Polinsky, Stanford Law SchoolThis book proposes an overview of the fields in the economics of law to which the author has contributed. It also covers in detail other fields and many contributions to the literature. The emphasis is on theory, but some empirical facts are mentioned...I very much enjoyed reading the book. It covers with great competence the relevant topics of positive and normative analyses of law. The book reflects the strong academic competence of the author. I recommend the book to academics and professionals. I also recommend its use for teaching the economics of law in law schools, economics departments, and business schools. -- Dionne Georges * Journal of Risk and Insurance *Table of ContentsPreface 1. Introduction Part I. Property Law 2. Definition, Justification, and Emergence of Property Rights 3. Division of Property Rights 4. Acquisition and Transfer of Property 5. Conflict and Cooperation in the Use of Property: The Problem of Externalities 6. Public Property 7. Property Rights in Information Part II. Accident Law 8. Liability and Deterrence: Basic Theory 9. Liability and Deterrence: Firms 10. Extensions of the Analysis of Deterrence 11. Liability, Risk-Bearing, and Insurance 12. Liability and Administrative Costs Part III. Contract Law 13. Overview of Contracts 14. Contract Formation 15. Production Contracts 16. Other Types of Contract Part IV. Litigation and the Legal Process 17. Basic Theory of Litigation 18. Extensions of the Basic Theory 19. General Topics on the Legal Process Part V. Public Law Enforcement and Criminal Law 20. Deterrence with Monetary Sanctions 21. Deterrence with Nonmonetary Sanctions 22. Extensions of the Theory of Deterrence 23. Incapacitation, Rehabilitation, and Retribution 24. Criminal Law Part VI. General Structure of the Law 25. The General Structure of the Law and Its Optimality Part VII. Welfare Economics, Morality, and the Law 26. Welfare Economics and Morality 27. Implications for the Analysis of Law 28. Income Distributional Equity and the Law 29. Concluding Observations References Author Index Subject Index

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Book SynopsisHamburger argues that separation of church and state has no historical foundation in the First Amendment and shows that eighteenth-century Americans almost never invoked this principle. Although Jefferson and others retrospectively claimed a First Amendment basis for separation, it became part of American constitutional law only much later.Trade ReviewPhilip Hamburger has, simply, produced the best and most important book ever written on the subject of the separation of church and state in the United States. He has laid to rest the historical credentials of the Jeffersonian myth of the "wall of separation," and shown how the notion of separation gained wide acceptance in the nineteenth century primarily due to the pervasiveness of American anti-Catholicism. He has also destroyed the notion that separation is the only alternative to the union of church and state, and demonstrated that acceptance of separation has in fact undermined the vitality of our original anti-establishment notions of religious freedom. Hamburger underplays the current constitutional implications of his historical arguments, but it is clear that this book will have a profound impact on the current law and politics of church and state. -- Stanley N. Katz, Princeton University, President, Emeritus, American Council of Learned SocietiesThis richly documented and cogently argued book challenges conventional interpretations of separation of church and state as a constitutional standard in American history and promises to reshape the debate on the constitutional and prudential relations between religion and American public life. -- Daniel L. Dreisbach, American UniversityHamburger provides an alternate historical and political understanding concerning the development of the separation concept, relying on 17th-through 19th-century religious arguments and social patterns to challenge our accepted understanding of relationships between church and state...This clear historical analysis will be accessible to anyone interested in U.S. church-state relations and civil liberties. Highly recommended. -- Steven Puro * Library Journal *This volume presents the fascinating and complex history of interpretations of the First Amendment in the U.S. and argues that the amendment's antiestablishment clause did not mandate separation of church and state. Instead, Hamburger insists that separation, an idea that may mean far more than the absence of establishment, became a constitutional freedom over an extended period of time, largely through fear and prejudice...Recommended. -- S. C. Pearson * Choice *Hamburger has written an extremely important book. His prodigious learning and ingenious interpretations overturn the conventional wisdom, forcing even the most passionate defenders of separationism to recognize how much of the story of religious liberty has taken on mythical dimensions. -- Alan Wolfe * Books and Culture *[Hamburger] devastates Jefferson's notion of a 'wall of separation' between religion and government, demonstrating that such a notion was utterly idiosyncratic at the time. Strict separation was revived by anti-Catholics in the 19th century and picked up by the court in the 20th, a development for which Justice Hugo Black bore much responsibility. The modern era of judicial hostility to organized religion and its symbols in the public square is directly contrary to what the Framers meant when they prohibited the establishment of religion. Though Mr. Hamburger does not trace the damage done by preposterous decisions in recent decades, this is a marvelous book. -- Robert Bork * Wall Street Journal *Separation of Church and State by Philip Hamburger is, perhaps, the most talked about treatise on American church-state relations of the last generation. It is a weighty, thoroughly researched tome that presents a nuanced, provocative thesis and that strikes even seasoned church-state scholars as distinctive from most works on the subject...Hamburger's fresh appraisal of the historical record adds much to our understanding of church-state separation...Few pages in this richly documented and cogently argued book fail to excite reflection or challenge long-held assumptions. -- Daniel Dreisbach * American Journal of Legal History *Table of ContentsAcknowledgments Introduction I. Late Eighteenth-Century Religious Liberty 1. Separation, Purity, and Anticlericalism 2. Accusations of Separation 3. The Exclusion of the Clergy 4. Freedom from Religious Establishments II. Early Nineteenth-Century Republicanism 5. Demands for Separation: Separating Federalist Clergy from Republican Politics 6. Keeping Religion Out of Politics and Making Politics Religious 7. Jefferson and the Baptists: Separation Proposed and Ignored as a Constitutional Principle III. Mid-Nineteenth-Century Americanism 8. A Theologically Liberal, Anti-Catholic, and American Principle 9. Separations in Society 10. Clerical Doubts and Popular Protestant Support IV. Late Nineteenth- and Twentieth-Century Constitutional Law 11. Amendment 12. Interpretation 13. Differences 14. An American Constitutional Right Conclusion Index

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Book SynopsisAccident law, if properly designed, is capable of reducing the incidence of mishaps by making people act more cautiously. Since the 1960s, a group of legal scholars and economists have focused on identifying the effects of accident law on people's behavior. Steven Shavell’s book is the definitive synthesis of research to date in this new field.Trade ReviewA lucid, up-to-date survey of the economics of accident law. -- Roger Bowles * Economic Journal *[This] is certainly a masterpiece. -- Thomas S. Ulen * Journal of Economic Literature *Steven Shavell is one of the leading practitioners of economic analysis of law; his book is a clear and careful discussion of what we currently know about the economic analysis of accident law. -- David Friedman * Journal of Political Economy *The strength of Shavell's book is its lucid, structured development and explication of the economic model. It represents the best systematic presentation of the relevance of economic argument for issues of risk allocation...Together [with William M. Landes and Richard A. Posner's The Economic Structure of Tort Law] they constitute the most comprehensive defense of the economic analysis of tort law currently available, and are strongly recommended accordingly. -- Jules L. Coleman * Yale Law Journal *Steven Shavell...[has] drawn upon [his] previous path-breaking work to issue [one of] the most important books in the law and economics of tort law since the release in 1970 of Guido Calabresi's The Costs of Accidents...The work is a masterful tribute to the power of economic modelling and the use of optimization techniques...I, for one, was immensely impressed by the richness of the insights that Shavell's theoretical approach provided into the fundamental issues of tort law...Shavell's analysis is conducted with intellectual rigor and sophistication. -- John J. Donohue III * Harvard Law Review *For anyone wanting to learn where we stand concerning economic analysis of accident law, Shavell's book provides an authoritative and fairly comprehensive summary of the state of the art. -- Michelle J. White * Michigan Law Review *

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Book SynopsisRamsey describes the constitutional law of foreign affairs derived from an historical understanding of the Constitution’s text. Examining recurring foreign affairs controversies such as the power to enter armed conflict, the author shows how the words, structure, and context of the Constitution can resolve pivotal court cases and modern disputes.Trade ReviewThe Constitution's Text in Foreign Affairs is impressive. Ramsey defies conventional wisdom that the words of the Constitution do not speak to most contemporary foreign relations law problems, showing instead how these words, as originally understood, can provide a nearly complete answer to fundamental modern questions of foreign relations law. This book is a real contribution to the field. -- Jack Goldsmith, Harvard Law SchoolIn this valuable book, Ramsey evaluates the debate concerning presidential and congressional powers in foreign affairs. While many scholars on both sides of this debate argue that the Constitution itself is little help in defining the relationships between the legislative and executive branch in this area, Ramsey argues that the Constitution's text is the crucial guide to explaining how the founders saw the separate and shared powers of the two branches...In a discussion with important ramifications, Ramsey also explores the meaning of the phrase "executive power" in the 18th-century context. Ramsey argues that in foreign policy and in U.S. Supreme Court decisions regarding the powers of the president and Congress, the text of the Constitution, and therefore the intentions of the framers, has been misinterpreted. -- W. W. Newmann * Choice *Ramsey approaches the foreign affairs text of the Constitution with high expectations. He places the words of the document front and center in his analysis, and argues that past scholars have failed to mine the text and structure of the Constitution for every insight into foreign affairs power...Writing with grace and clarity, Ramsey has produced a benchmark study that will illuminate future research but also will provide an accessible, lucid, and nicely opinionated Introduction to a set of too-long, neglected constitutional issues. -- Aziz Huq * New York Law Journal *Table of ContentsAcknowledgments Introduction: A Textual Theory of Foreign Affairs Law Part I: Sources of National Power 1. Do Foreign Affairs Powers Come from the Constitution? Curtiss--Wright and the Myth of Inherent Powers 2. Foreign Affairs and the Articles of Confederation: The Constitution in Context Part II: Presidential Power in Foreign Affairs 3. The Steel Seizure Case and the Executive Power over Foreign Affairs 4. Executive Foreign Affairs Power and the Washington Administration 5. Steel Seizure Revisited: The Limits of Executive Power 6. Executive Power and Its Critics Part III: Shared Powers of the Senate 7. The Executive Senate: Treaties and Appointments 8. Goldwater v. Carter: Do Treaties Bind the President? 9. The Non-Treaty Power: Executive Agreements and United States v. Belmont Part IV: Congress's Foreign Affairs Powers 10. Legislative Power in Foreign Affairs: Why NAFTA Is (Sort of) Unconstitutional 11. The Meanings of Declaring War 12. Beyond Declaring War: War Powers of Congress and the President Part V: States and Foreign Affairs 13. Can States Have Foreign Policies? Zschernig v. Miller and the Limits of Framers' Intent 14. States versus the President: The Holocaust Insurance Case 15. Missouri v. Holland and the Seventeenth Amendment Part VI: Courts and Foreign Affairs 16. Judging Foreign Affairs: Goldwater v. Carter Revisited 17. The Paquete Habana: Is International Law Part of Our Law? 18. Courts and Presidents in Foreign Affairs Conclusion: Text as Law in Foreign Affairs Notes Index

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Book SynopsisDrawing on a comparative inquiry into the political origins and legal consequences of recent constitutional revolutions in Canada, Israel, New Zealand, and South Africa, Hirschl shows that the trend toward constitutionalization is best understood as the product of strategic interplay among hegemonic yet threatened economic and political elites.Trade ReviewThe great bulk of scholarship on judicial review suffers two major shortcomings: it lacks any serious attention to what goes on outside the United States, and, even within the American context, it has been marred by the work of a generation of scholars who came of age during the highly unusual era of the Warren Court. Ran Hirschl's superb treatment remedies both these defects, with results that should be profoundly troubling to all partisans of independent courts and judicial review. His rich comparative treatments of the judicialization of politics in Canada, Israel, New Zealand, and South Africa is informed by an masterful grasp of the historical and theoretical literature on the US. Hirschl makes a convincing case that courts do little, if anything, for advancing progressive notions of social justice that are not achieved by democratic politics. Courts protect powerful economic and social interests by taking controversial issues out of politics and off the table, thus moving democracies toward unaccountable juristocracy. Hirschl is to be congratulated for producing this long overdue study. It should be mandatory reading for constitutional and democratic theorists the world over, as well as anyone who has a hand in institutional design of new democracies. -- Ian Shapiro, Yale UniversityTowards Juristocracy is one of only a handful of major works on comparative constitutional law. Its account of the origins of modern systems of judicial review in efforts to entrench specific social and economic programs significantly advances our understanding, and its discussion of the way in which constitutional courts around the world have become involved in resolving major controversies about the most basic questions nations face sheds new light on Bush v. Gore. This is one of the most important books about judicial review in recent years. -- Mark Tushnet, Georgetown University Law CenterOne of the most momentous global transformations of the last 30 years has been the spread of political systems in which courts exercise sweeping constitutional powers. Ran Hirschl's Towards Juristocracy is the first substantial empirical inquiry into the consequences of this great shift. It is pathbreaking, compelling, and iconoclastic--destined to be a landmark in comparative legal and political analysis. -- Rogers Smith, University of PennsylvaniaTowards Juristocracy has many virtues. It focuses interestingly and originally on recent constitutionalisms as a distinct phenomenology. It is remarkably well informed by all aspects of constitutional reflection that emanate from the United States and the American experience. This is a book that moves freely and comfortably between political theory and social science, and it will attract wide attention. -- Joseph Weiler, New York University School of LawA truly impressive piece of research, comprehensive in coverage of the relevant scholarship, cogently argued, and elegantly presented. -- Leslie Friedman Goldstein * Law and Society Review *Even if the reader does not agree with Hirschl's final thoughts, his thought-provoking conclusions will inspire questions regarding the role of the judiciary in constitutional democracies and encourage critical reflection regarding the future of judicial review. -- Shannon M. Roesler * Comparative Political Studies *Hirschl suggests that the 'new constitutionalism,' widely hailed as an important step in the protection of human rights, should instead be understood as part of a larger effort by elites to 'insulate policy making' from democratic impulses. Hirschl draws on the experience of constitutional revolutions in Canada, New Zealand, Israel, and South Africa...This is an ambitious and important book. -- J. E. Finn * Choice *Ran Hirschl has written a thought-provoking assessment of the global shift towards judicial empowerment...His conclusions and analysis are bound to elicit praise and criticism from across the spectrum of academic and political thought...Towards Juristocracy is an impressive book that will certainly engender more debate than it resolves. For this, Hirschl should be commended for a work that will certainly shape political science analysis of the courts and constitutionalism for some time. -- Mark Rush * Law and Politics Book Review *It casts issues in a novel light and raises questions that tend to be neglected by more normatively focused or legalistic scholarship. It is well written and documented, and it contains a large number of suggestions for further research. It also opens a fruitful path of dialogue between legal and political science scholars that one hopes will be expanded in the future. -- Carlos Closa * International Journal of Contemporary Law *Table of ContentsIntroduction 1. Four Constitutional Revolutions 2. The Political Origins of Constitutionalization 3. Hegemonic Preservation in Action 4. Constitutionalization and Judicial Interpretation of Rights 5. Rights and Realities 6. Constitutionalization and the Judicialization of Mega-Politics Conclusion: The Road to Juristocracy and the Limits of Constitutionalization Notes Legal Decisions Cited Acknowledgments Index

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Book SynopsisMore than half a century after the Universal Declaration of Human Rights defined what a human being is and is entitled to, MacKinnon asks: Are women human yet? She exposes the consequences and significance of the systematic maltreatment of women and its systemic condonation as she points toward fresh ways of targeting its toxic orthodoxies.Trade ReviewWhy does the war on terrorism after 9/11 offer lessons for struggles against domestic violence? As Catharine MacKinnon explores this and other international legal questions about genocide, rape, and women's status, these essays supply ample evidence for her stature as one of the most original and provocative legal theorists of our age. The essays gathered here are quintessential MacKinnon and reflect her journeys to Bosnia, Canada, Sweden, and across the terrains of international law, and gender politics, and the injustices that lie beyond the power of any single nation. -- Martha Minow, Jeremiah Smith, Jr. Professor, Harvard Law School and author of Between Vengeance and Forgiveness: Facing History after Genocide and Mass ViolenceMacKinnon's bracing essays globalize her signature ideas--the hidden power behind "neutral" rules, the role of male privilege in the construction of hierarchal rules and law-making processes, the invisibility of those subordinated by the public/private divide, the flaws in Aristotle's concept of equality--with devastating results for the heretofore complacent field of international law. These stinging rebukes to how international law is thought about and practiced, produced over little more than a decade, demonstrate the transformative potential of jurisprudence that seeks to engage (and change) the real world. MacKinnon's thoughtful critiques of matters as diverse as the handling of class actions to the selective choices reflected in the war on terror provide indispensable reading for anyone who cares about how nations (mis)behave. They provide the "shock and awe" that the Bush Administration promised but never delivered. -- José E. Alvarez, Hamilton Fish Professor of Law & Diplomacy, Columbia Law SchoolAny work from Catharine MacKinnon is bound to be provocative and exciting. Here is a feast, a collection of work showing how the author's ideas about women's rights have developed over 20 years. The simple question "are women human?" leads us to see more clearly a male dominated world which, since time immemorial, has tolerated, condoned and even encouraged gender based violence and abuse. No area is spared the damning spotlight, from sexual harassment to pornography, from rape and violence to terrorism and armed conflict. But this is no hand-wringing exercise. The author's passion for true equality, her analytical skills and her creativity shine from these pages. Her new approaches to accountability have inspired many women to assert their rights and have found their way into domestic law and international instruments. All this, and much more in a truly awesome book. -- Elizabeth Evatt, former Chair of the United Nations Committee on the Elimination of All Forms of Discrimination against Women and former Member of the Human Rights CommitteeIn this collection of essays, the pioneering feminist lawyer calls for international laws to protect women from the denial of property rights, the deployment of rape in war and other brutalities that flow from male oppression. * Ms *[MacKinnon] is undeniably one of feminism's most significant figures, a ferociously tough-minded lawyer and academic who has sought to use the law to clamp down on sexual harassment and pornography. -- Stuart Jeffries * The Guardian *Catharine A. MacKinnon is the world's leading feminist legal theorist, and her work over the past three decades has helped create an entire field of theorizing about gender, the State, and law. Along with the late Andrea Dworkin, MacKinnon has also become one of the major thinkers and activists on the issue of women's rights in the global arena, particularly regarding the way in which enduring distinctions between the public and the private spheres (in areas such as pornography, for example) sustain a matrix of inequality and exploitation. In this collection of previously published essays and public lectures, MacKinnon focuses on the international legal dimensions of feminist theory. She asks how international law, specifically international human rights protections, might be structured to take account of the uniqueness of crimes against women. -- Charles King * Times Literary Supplement *Ms. MacKinnon provides numerous vivid and intensely disturbing examples of governments, through overt action or callous indifference, treating women as less than human and, thus, denying women their human rights...She is seeking to effect legal change on a global scale. -- Kay E. Wilde * New York Law Journal Magazine *A sparkling book, perhaps her finest. Unsettling in the best sort of way, Are Women Human? shows [MacKinnon] to be not only a prodigiously creative feminist thinker who can see the world from a fresh angle like nobody else (and I mean the angle of reality, as opposed to the usual one of half-reality) but also one of our most creative thinkers about international law. As elsewhere in MacKinnon's work, we find plenty of trenchant and eloquent writing; but we also find more systematic analysis and more extensive scholarship than we sometimes get, and the book is the richer for it. MacKinnon's central theme, repeatedly and convincingly mined, is the hypocrisy of the international system when it faces up to some crimes against humanity but fails to confront similar harms when they happen to women, often on a daily basis...Are Women Human? is a major contribution both to feminism and to international law...By casting herself as a peace-builder, MacKinnon issues a pointed challenge to her adversaries, who boringly stereotype her as a fierce amazon on the warpath against male liberties. This book is indeed fierce, unrelenting in its naming of abuse and hypocrisy. In a world where women pervasively suffer violence, however, it takes the fierceness of good theory to move us a little closer to peace. -- Martha Nussbaum * The Nation *Over the past 25 years, Catharine MacKinnon has changed the face of feminist legal theory. A law professor at the University of Michigan, she is, as one reviewer notes, 'a famously polarizing figure'...A new collection of MacKinnon's speeches and writings, Are Women Human? And Other International Dialogues takes note of the political work she has done in Canada, the U.S., and abroad, and asserts her recent approach to accountability in the global human rights arena. Discussing ritualized forms of violence conducted by military forces in Bosnia-Herzegovina and other regions, she argues that international human rights measures can be applied to halt such forms of violence against women. -- Susan G. Cole * Herizons *To refer to Catharine A. MacKinnon--the author of 11 brilliant and theoretically rigorous books, professor of law at the University of Michigan, and a fellow at the Centre for Advanced Study at Stanford--as a feminist scholar is somewhat like describing her as a bookish blonde: accurate, but also a little ridiculous. MacKinnon is a towering figure on the world stage, far beyond categorisations that in application, trigger derision or marginalisation. The leitmotif of her work is the correction of social injustice, and her role in shaping perception of quotidian iniquities, incalculable...She has dedicated her life to creating a world in which we all accept, or are made to accept, responsibility for the dignity and wellbeing of our fellows. Are Women Human? only furthers her success. -- Antonella Gambotto-Burke * South China Morning Post *MacKinnon's writing is astonishingly powerful, combining a compelling air of authority and outrage with a sense of despair at the enormity of women's domination by men. It is hard to disagree with her central thesis that much violence against women has the severity of a human rights violation. Moreover, MacKinnon provides a compelling critique of the doctrine that only states can violate international law, and that only transborder atrocities merit international intervention...Are Women Human? is a book that deserves to be widely read. It contains important empirical and legal analysis of particular conflicts...It develops MacKinnon's own feminist philosophy, building on the approach developed in her earlier works and demonstrating how feminism should respond to international issues. And it engages directly with contemporary debates about culture, global justice, human rights, international law, and the demands of equality. -- Clare Chambers * Ethics & International Affairs *Table of ContentsIntroduction: Women's Status, Men's States I. THEORY VERSUS REALITY 1. On Torture 2. Human Rights and Global Violence against Women 3. Theory Is Not a Luxury 4. Are Women Human? 5. Postmodernism and Human Rights 6. The Promise of CEDAW's Optional Protocol II. STRUGGLES WITHIN STATES 7. Making Sex Equality Real 8. Misogyny's Cold Heart 9. On Sex and Violence: Introducing the Antipornography Ordinance in Sweden 10. Nationbuilding in Canada 11. Equality Remade: Violence against Women 12. Pornography's Empire 13. Sex Equality under the Constitution of India: Problems, Prospects, and "Personal Laws" III. THROUGH THE BOSNIAN LENS 14. Crimes of War, Crimes of Peace 15. Turning Rape into Pornography: Postmodern Genocide 16. Rape as Nationbuilding 17. From Auschwitz to Omarska, Nuremberg to the Hague 18. Rape, Genocide, and Women's Human Rights 19. Gender-Based Crimes in Humanitarian Law 20. War Crimes Remedies at the National Level 21. Collective Harms under the Alien Tort Statute: A Cautionary Note on Class Actions 22. Genocide's Sexuality IV. ON THE CUTTING EDGE 23. Defining Rape Internationally: A Commentary on Akayesu 24. Pornography as Trafficking 25. Women's September 11th: Rethinking the International Law of Conflict Notes Index

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Book SynopsisAre scientific expert witnesses partisans or spokesmen for objective science? Golan tells stories of courtroom drama and confusion and media jeering on both sides of the Atlantic, until the start of the 21st century, as the courts still search for ways that will allow them to distinguish between good and bad science.Trade ReviewIn this witty book, Tal Golan shows how the Anglo-American legal system accommodated itself partially and reluctantly to the laws of science and the agitation of scientists. In style and substance, Laws of Men and Laws of Nature shines as a work in the history of science and eclipses most contemporary science studies. -- J. L. Heilbron, author of The Sun in the Church: Cathedrals as Solar ObservatoriesIn disputes ranging across health, the environment, regulation, crime, and myriad other features of contemporary society, science is ubiquitous in the courts. In compelling prose, Tal Golan brilliantly illuminates the historical roots of the interplay between science and the law, showing that it has a history going back to the late 18th century and revealing how each affected the other, with the legal process calling forth expert research and the claims of scientific expertise helping to shape the rules of evidence. This is a major, authoritative work, of groundbreaking importance. -- Daniel J. Kevles, author of The Baltimore Case: A Trial of Politics, Science, and Character[An] engaging history of expert evidence in the Anglo-American courtroom...Laws of Men and Laws of Nature is both well written and wide-ranging, traveling from 18th-century England to early 20th-century America, from patent law to microscopy to experimental psychology...An extremely able, much-needed account of the tangled, troubled connections between the world of law and the world of science. -- Jennifer L. Mnookin * American Scientist *This fascinating history of scientific expert testimony explores the relations between science and law in the courts of England and America over the past two centuries. It covers the late-18th-century court case over the supposed causes of the decay of Wells harbour in Norfolk, on England's east coast; the difficulties of distinguishing human from animal blood in the 19th century; the gradual acceptance of X-ray, photographic and other 'silent witness' evidence in the 20th century; and the unsettled debate over the accuracy of lie-detector tests...For anyone who finds themselves at the ever-controversial interface between science and the law, this book provides invaluable context and a most interesting read. * New Scientist *[An] original and thoughtful [history] of the fitful relationship between science and the law from its roots in the 18th century common law. -- Bettyann Holtzmann Kevles * Science *This book will be enjoyed not only for its insight into the development of expert evidence but also into the history of industrial relations. -- Oliver Popplewell * Times Higher Education Supplement *Trials are the stuff of Tal Golan's engaging narrative as he briskly guides his readers through some of the formative moments in a century or so of scientific expert testimony in English and American common law. -- Sheila Jasanoff * Nature *Tal Golan's Laws of Men and Laws of Nature is an important historical examination of scientific expert testimony in Common Law courts. Golan accomplishes this through an examination of the relationship between the institution of law and the institution of science…Unfortunately, their relationship has gone largely ignored by historians of each field respectively …Tal Golan's book contributes importantly to our understanding of expert testimony, and, more broadly, the relationship between law and science. Furthermore, it is essential for understanding the current status of expert testimony in trials…Readers will appreciate the book's historical detail. Golan's retelling of history is excellent: not burdened with minutiae but sufficiently colorful to maintain interest…Golan effectively argues that law and science evolved concomitantly, and those interested in the relationship between these two institutions will find this book indispensable. -- Christopher Salinas * Argumentation and Advocacy *Marvelous...Tal Golan, a historian of science at the University of California at San Diego, takes us on an intimate tour of the centuries-long love-hate relationship between science and the law...Mr. Golan's book is especially timely, as in America we seem more suspicious than ever of the role of science in the courtroom. It is instructive, therefore, to take a stroll through history in this book, and see the many ways that bringing science into the courtroom served the greater good. -- Carla T. Main * New York Law Journal Magazine *Professor Golan has produced an important work, a long-overdue historical addition to the scientific evidence literature. It is a must-read, not only for scientific evidence scholars, but also for anyone seeking a richer understanding of the continuing and frustrating conflicts between law and science. -- Edward K. Cheng * Michigan Law Review *

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Book SynopsisThis third edition, extensively revised and enlarged, emphasizes essential differences between law and literature, rooted in the different social functions of legal and literary texts. It also explores new topics: cruel and unusual punishments, illegal immigration, surveillance, global warming and bioterrorism, and plagiarism.Trade ReviewWith his usual astonishing range of interests, Richard Posner treats facets of ‘law and literature’ ranging from popular culture to copyright to whether reading great literature necessarily contributes to one’s moral growth (and more besides). Every reader will be provoked, challenged, and illuminated by Posner’s insights and arguments. -- Sanford V. Levinson, author of Our Undemocratic Constitution: Where the Constitution Goes Wrong (And How We the People Can Correct It)This complex, superbly argued book remains a remarkable achievement and is made even more useful in this new edition. Richard Posner knows how much legal thinking can profit from the study of literary traditions and classic works of fiction. He also is acutely aware of the limits on the application of literary practice to the law. The bracing manner in which he debunks the sentimental notion that literature and—worse—literary theory are law’s salvation is a pleasure to read. -- Denis Dutton, Editor, Philosophy and Literature[Posner] has written and rewritten the most comprehensive study of the connections between law and literature. -- James Seaton * Weekly Standard *Table of Contents* Contents * Preface * Critical Introduction Part I. Literary Texts as Legal Texts * Reflections of Law in Literature Theoretical Considerations The American Legal Novel The Law in Popular Culture Camus and Stendhal Farcical Trials * Law's Beginnings: Revenge as Legal Prototype and Literary Genre The Logic of Revenge Revenge Literature The Iliad and Hamlet * Antinomies of Legal Theory Jurisprudential Drama from Sophocles to Shelley Has Law Gender? * The Limits of Literary Jurisprudence Kafka Dickens Wallace Stevens * Literary Indictments of Legal Injustice Law and Ressentiment Romantic Values in Literature and Law Billy Budd, The Brothers Karamazov, and Law's Limits * Two Legal Perspectives on Kafka On Reading Kafka Politically In Defense of Classical Liberalism The Grand Inquisitor and Other Social Theorists * Penal Theory in Paradise Lost The Punishment of Satan and His Followers The Punishment of Man The Punishment of the Animals Part II. Legal Texts as Literary Texts * Interpreting Contracts, Statutes, and Constitutions Interpretation Theorized What Can Law Learn from Literary Criticism? Chain Novels and Black Ink Interpretation as Translation * Judicial Opinions as Literature Meaning, Style, and Rhetoric Aesthetic Integrity and the "Pure" versus the "Impure" Style Two Cultures Part III. How Else Might Literature Help Law? * Literature as a Source of Background Knowledge for Law Arch of Triumph From Huxley to The Matrix * Improving Trial and Appellate Advocacy Sherlock Holmes to the Rescue? Legal Narratology Fictional Depictions of Lawyers The Funeral Orations in Julius Caesar * But Can Literature Humanize Law? Aesthetic versus Moralistic Literary Criticism Then Why Read Literature? Part IV. The Regulation of Literature * Protecting Nonwriters Pornographic Fiction Defamation by Fiction * Protecting (Other) Writers What Is an "Author"? Copyright, Plagiarism, and Creativity Parody * Conclusion. Law and Literature: A Manifesto * Index

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Book SynopsisMuch more than an historical examination of liability, criminal law, torts, bail, possession and ownership, and contracts, The Common Law articulates the ideas and judicial theory of one of the greatest justices of the Supreme Court.Table of Contents* Introduction G. Edward White * Note on the Text * Chronology of Oliver Wendell Holmes's Life The Common Law * Preface * Lecture I. Early Forms of Liability * Lecture II. The Criminal Law * Lecture III. Torts: Trespass and Negligence * Lecture V. The Bailee at Common Law * Lecture VI. Possession * Lecture VII. Contract: I. History * Lecture VIII. Contract: II. Elements * Lecture IX. Contract: III. Void and Voidable * Lecture X. Successions: I. After Death II. Inter Vivos * Lecture XI. Successions: II. Inter Vivos * Selected Bibliography * Glossary of Legal Terms * Table of Cases * Year Books and Early Cases * Index

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Book SynopsisThis pioneering book is the first to identify the methods, strategies, and personal traits of law professors whose students achieve exceptional learning. Modeling good behavior through clear, exacting standards and meticulous preparation, these instructors know that little things also count--starting on time, learning names, responding to emails.Trade ReviewReading this book is like sitting down and having extensive conversations with excellent teaching mentors. It is a wonderful addition to the professional mentorship that is so important yet often so lacking in faculty development. -- Alison Grey Anderson, University of California, Los AngelesThis book fills an enormous vacuum in law teaching literature. Based on painstaking, methodical, individual attention to 26 carefully-selected law professors from around the country, it presents cogent, inspiring, and concrete approaches to teaching and student-teacher relationships in the voices of the teachers and their students themselves. -- Jean Koh Peters, Yale UniversityThe authors present several interesting ideas relevant to teaching and learning law, ideas that should flourish at a time when law schools are seeking ways to reinvent themselves. The intended reach of this book, primarily teachers of law, is narrow, but teachers of all subjects stand to benefit. * Publishers Weekly *

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Book SynopsisAre you alive? Most people believe that some law defines our status as living (or not) for all purposes. But Foley shows that “not being dead” isn’t necessarily the same as being alive, in the eyes of the law. The need for more organ transplants and conservation of health care resources is exerting pressure to expand the legal definition of death.Trade ReviewFoley’s book is essentially a primer or textbook on these legal issues of life and death, suitable for ethicists interested in learning about the law and for lawyers interested in learning about ethics… Foley ably lays out the moral arguments and legal disputes, and persuasively criticizes poorly reasoned judicial opinions. -- Eric Posner * New Republic online *Foley presents a profoundly intelligent, distinctive, and disturbing book. In seven short chapters, she dissects the legality behind what makes a person alive or dead… This work will be appreciated by legislators, serious readers, and legal and medical professionals. -- Harry Charles * Library Journal *Elizabeth Price Foley takes us on an agile and insightful romp through the briar patch of state and federal laws governing medical practice at the beginning and end of life. American politics is mired in legal debates over the limits of life and death practices, including embryo research, abortion, transplantation, treatment termination, suicide, and, most recently, ‘death panels.’ The Law of Life and Death deserves close attention from anyone trying to understand why lawyers have more influence than physicians on birth and death. -- George J. Annas, author of Worst Case Bioethics

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Book SynopsisShows how the very organization of the locally controlled, administratively limited school system makes reform difficult. This title argues that the choices of educational consumers have always overwhelmed top-down efforts at school reform.Trade ReviewWhy do American schools keep failing? As David Labaree shows, the real question is why we expect them to succeed, given the enormous demands we make of them. Labaree's answers won't please anyone looking for a big quick fix for American education. But they will fascinate anyone who wants to understand our enduring faith in the public schools. -- Jonathan Zimmerman, author of Small Wonder: The Little Red Schoolhouse in History and MemoryThe book is only 280 pages long, but so rich in contrarian assaults on cherished American assumptions I cannot adequately summarize it...[Labaree's] candor and depth encourage humility. All of us arguing about how to improve schools could use some of that. -- Jay Mathews * Washington Post *Labaree is perceptive and lucid in presenting his view that individual self-interest is a driving force in schooling and school reform. Parents are, in principle, committed to equal education for all, but in practice pursue educational advantages for their child. This pursuit of advantage often blunts the common good. Indeed, Labaree's skeptical realism is well taken in this continuing age of consumerism. -- J. L. DeVitis * Choice *In this important book, the skeptical, contrarian, and cheerfully pessimistic Stanford education professor Labaree trenchantly exposes the true purposes behind the establishment and the reforms of American public schools and explains why the institution can never fulfill the dreams of those who use it or those who attempt to improve it...Americans want an egalitarian democracy, but they prize individualism; they demand utility, but they are forever socially optimistic. Our school system manifests these contradictory values in abundance, so no matter how often it's reformed, it must perpetually thwart itself. -- Benjamin Schwarz * The Atlantic *

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Book SynopsisHenry Friendly is frequently grouped with Oliver Wendell Holmes, Louis Brandeis, Benjamin Cardozo, and Learned Hand as the best American jurists of the twentieth century. In this first, comprehensive biography of Friendly, Dorsen opens a unique window onto how a judge of this caliber thinks and decides cases, and how Friendly lived his life.Trade Review[A] meticulous biography. * Kirkus Reviews *Dorsen...has written a first-rate biography of a judge whose opinions had great influence on the law and legal scholarship. -- Michael Eshleman * Library Journal *[Dorsen] constructs an intricate account of how Friendly diligently shaped the landscape of American law. -- Adam White * Wall Street Journal *Dorsen's biographical sketch offers some fascinating pieces of American legal history, and Posner's introduction is a valuable evaluation of Friendly by a fellow judge...Friendly merits study not as a model for other judges but as a rare example of legal genius. -- David Marcus * The Deal *

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Book SynopsisMost kids in the developed world finish high school—but not in the United States. More than a million drop out every year, and the numbers are rising. Dropping Out provides answers to fundamental questions: Who drops out, and why? What happens to them when they do? How can we prevent at-risk kids from short-circuiting their futures?Trade ReviewThe most complete examination of the dropout issue I have ever seen [is] Russell W. Rumberger’s Dropping Out: Why Students Drop Out of High School and What Can Be Done About It… Rumberger examines every complex nuance, summarizes every important research paper and demolishes every Internet myth. His book is a masterpiece, something education wonks will keep close by… We can’t make any improvements, however, without knowing what hasn’t helped dropouts, and why. On those vital questions, this book will be the best resource for years to come. -- Jay Mathews * Washington Post *The book is superb. It is erudite, scholarly, engaging, and provocative… [Rumberger] works his way patiently through the familial, organizational, and individual characteristics that influence dropping out. He then walks us through the nature, consequences, causes, and possible solutions… Rumberger calls upon all methodologies and various strands of programs to consider what possible solutions might look like. He is someone who is big on accountability, and consistent in the observation that systemic change will take time. He recognizes that students may drop out of a school, but much of the work to lessen dropping out will occur with families and in communities. -- Bill Tierney * 21st Century Scholar *[Dropping Out] is not only definitive, but positively masterful in its treatment of a vitally important subject… Russell Rumberger’s prescriptions, if heeded, would be truly revolutionary. This fact alone should make this volume required reading for any serious student of school reform. His treatment is exhaustive, his writing style energizing, his message urgent and his analysis powerful. I recommend it highly. -- A. Graham Down * Education Next *[A] sobering look at one aspect of many crises facing U.S. schools. Drawing on both education policy and economics, [Rumberger] explores the cost of this crisis to the dropouts and American society in terms of higher unemployment, lower wages, and less of a contribution to the tax base. -- Vanessa Bush * Booklist *The standard work on one of the most troubling challenges in U.S. education—beautifully written, authoritative, and insightful, covering everything from the causes of dropping out to effective solutions. -- Henry M. Levin, Columbia UniversityDropouts have little future in the American economy, but about half of Latino and Black men are leaving school without the diplomas they need. Russ Rumberger has devoted his career to this issue and he powerfully documents the costs of dropouts to our society. This comprehensive book is an essential resource for reform. -- Gary Orfield, University of California, Los AngelesRuss Rumberger has written the definitive book on school dropouts. His learned analysis leads to recommendations for action to address this crisis. -- Jack Jennings, President and CEO, Center on Education PolicyRussell Rumberger’s Dropping Out is the most thorough and timely analysis now available of the complex causes and terrible consequences of dropping out of high school. Rumberger provides teachers, administrators, and policymakers with essential knowledge to address a continuing crisis. Dropping Out demonstrates again the necessity of education in an information age economy, and shows how increasing high school graduation rates will be essential for local, state, and national economic strength. -- Bob Wise, President, Alliance for Excellent Education

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Book SynopsisKull provides us with the previously unwritten history of the color-blind liberal ideal that the government take no account of the race of its citizens. For 125 yearsfrom the crusades of the Garrisonian abolitionists to the civil rights legislation of the 1960sthis idea was the constitutional focus of the struggle for racial equality in America.Trade ReviewAn important contribution to scholarship and to public discussion of the direction of this nation's legal policies regarding race. -- Walter Volkomer * Political Science Quarterly *Kull has written a brilliant and challenging history of an idea: the theory that the Constitution prohibits the law from ever taking account of race. With exquisite insight, Kull traces this idea from its earliest expression in abolitionist constitutional thought to its displacement today by the competing idea of compensatory racial justice. -- Kenneth Jost * American Bar Association Journal *Andrew Kull is a scholar, not an advocate. His lawyerly book is thus not a legal brief but a meticulously crafted history of an unfinished argument. What happened to the color-blind ideal? Kull asks. We now have a beautifully constructed answer. No other work explores so brilliantly the series of constitutional cases in which the courts assumed the power to weigh the costs and benefits of race-based policies—from Jim Crow laws to school busing and beyond. [This]…is an indispensable work. -- Abigail Thernstrom, author of Whose Votes Count? Affirmative Action and Minority Voting Rights[Kull] tells a story... through excellent legal analysis and commentary on legislation, legal arguments, briefs and judicial opinions dating back to the dawn of the Republic in the eighteenth century. -- Johnny J. Butler * Philadelphia Inquirer *Andrew Kull has provided the most compelling book yet written on the enduring colorblind principle. The basic claim is powerful and direct; the Constitution of the United States forbids racial discrimination at any level of government against any citizen, period. The colorblind principle is one of universal appeal. For every citizen who recoils from government’s endless uses of race to divide, allocate, and dictate their rights or the rights of others by race, this book will provide powerful support for their views. I hope it will be widely read. -- William Van Alstyne, Duke UniversityTable of ContentsIntroduction 1. A Glorious Liberty Document 2. The Lynn Petition 3. Sumner and Shaw 4. The Reconstruction Amendments of Wendell Phillips 5. The Thirty-Ninth Congress 6. The Judicial Assessment 7. Plessy v. Ferguson 8. Separate but Equal 9. Brown v. Board of Education 10. The Road Not Taken 11. Benign Racial Sorting Notes Index of Cases General Index

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Book SynopsisAmericans increasingly believe the Supreme Court is a political body in disguise. But Justice Stephen Breyer disagrees. Arguing that judges are committed to their oath to do impartial justice, Breyer aims to restore trust in the Court. In the absence of that trust, he warns, the Court will lose its authority, imperiling our constitutional system.Trade ReviewBreyer…has thought deeply about judicial power, the rule of law, and the role of the judiciary in the American polity…His voice is a powerful one, and the brevity of this book, together with its readability, should ensure its lasting influence…An important document on American civics. -- Bryan A. Garner * Wall Street Journal *Seeks to provide a historical backdrop to current public discussions about reforming the court…[Breyer] warns that these politically polarized times threaten public confidence in the high court. -- Joan Biskupic * Washington Post *Supreme Court Justice Breyer offers a selected history of court cases, a defense of judicial impartiality, and recommendations for promoting the public’s respect for and acceptance of the role of the judiciary in the future…A cogent overview of the court’s crucial role. * Kirkus Reviews *A concise plea for greater understanding of the judiciary. -- Claude Marx * FTCWatch *

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Book SynopsisThis fine collection is accompanied by an essay by Sir John Pollock that skillfully places the writers' ideas in the perspective of recent experience. A crucial document for lawyers, the letters are also delightful reading.Trade Review[Taking in] questions of philosophy, history and literature, touching—often wittily—on hundreds of famous personages and appealing, I should think, to anyone interested in the play of two first-rate minds…these volumes recall to us something forgotten these days: the charm…of scholarship when it is the easy tool of men who are more than scholars. -- Clifton Fadiman * The New Yorker *It is tempting to compare the two Homers—to distinguish the finer edge and more consummate scholarship of Pollock’s mind from the larger humanity and the more travelled experience of the mind of Holmes… The editing by Professor Howe is admirable; and a full and careful index makes browsing easy and profitable. * The Manchester Guardian *

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Book SynopsisThis volume contains the oral testimony of victims of pornography, recorded at hearings on a groundbreaking civil rights law drafted by Andrea Dworkin and Catharine MacKinnon. From the first hearings in Minneapolis in 1983 to those in Massachusetts in 1992, the witnesses offer their personal experiences of sexual subordination due to pornography.Trade ReviewIn Harm's Way [is] essential reading. In the Eighties Professor Catharine MacKinnon and Andrea Dworkin drafted an anti-pornography civil rights law in support of which witnesses to the harm done by pornography were called at public hearings in Minneapolis (1983), Indianapolis (1984), Los Angeles (1985), and Boston (1992). Those horrified by the idea of any form of censorship may be shocked to learn that this is the first time the full texts (transcripts plus excellent introductions) have found a publisher in the United States. -- Bel Mooney * The Times *Dworkin's and MacKinnon's work has informed debates about pornography and its effects all over the world. Though many...have disputed the wisdom of enacting legal proscriptions that may be invoked to suppress literature beyond the contemplation of their framers, the message underlying the campaign is powerful and far-reaching...The voices of the pornography survivors...make the most compelling--and the most distressing--reading...[This is] an important social document. We should be grateful for Dworkin's and MacKinnon's perseverance in bringing it to the light of day. * Times Higher Education Supplement *[In Harm's Way] brings the reader actual transcripts of hearings conducted relative to proposed ordinances in Minneapolis, Indianapolis, Los Angeles, and Massachusetts. MacKinnon wrote chapter one and Dworkin wrote chapter two to introduce the subject of pornography, its victims, and the history of public policy developments on the issue...In addition...MacKinnon...provide[s] elucidation and answer[s] arguments presented by opponents of the legislation [at other points in the text]...Dworkin presents a rather eloquent personal story of her life in a society that she believes routinely and systematically denies rights to women. In relating her story of living with a man who abused and terrorized her, she shares the misery of having unsuccessfully sought refuge and assistance from others...The authors are to be applauded for their evenhandedness in including not only the stories of the victims with whom they sympathize but also the comments of those who made serious arguments against the validity, legality, usefulness, and consequences of [their] proposals. -- Gloria C. Cox * Law and Politics Book Review *Everyone who has ever taken sides in the debate about permissible limits to free speech in our society should read this book. It should be read by those who believe that freedom of speech should be absolute, as well as by those who yearn for more regulation of sexually explicit materials on the Internet, in books and magazines and on film...It is a fascinating collection of testimony on both sides of this issue. It is unlike other books on this debate since...it presents the facts as they stand and lets the reader decide. * Bimonthly Review of Law Books *Highly recommend[ed]...What makes [In Harm's Way] both unique and important is that [it] give[s] voice to unpopular and stifled views. [It] defiantly call[s] for social chance and pose[s] difficult questions in a world addicted to instant gratification and slick PR campaigns...A must for anyone interested in the future of love, sex and gender relations. -- A. J. S. * Media Watch *These hearings provide the underpinnings for a legal initiative that has gotten enormous attention, that raises a host of important and interesting issues, and that has often been misunderstood. [It constitutes] an important addition for academics and for others to the pornography debate. -- Cass Sunstein, University of Chicago Law SchoolThere can be no doubt about the sincerity or the truth of the editors' belief that the material in this book belongs in the public domain. In cooperating with legislators in attempting to bring it about that pornography's dissemination be recognized as an actionable form of sex discrimination, MacKinnon and Dworkin's assumption was not only that women have been harmed by pornography, but that they have been silenced by it: so long as pornographers benefit (materially) from their (alleged) right to free speech (alleged by advocates of First Amendment protection for pornography), women lose out from their inability to exercise the same right. The hearings, whatever their legal upshot, thus empowered women--by enabling them to give voice to the damage pornography had done them. Publication of the transcripts in book form constitutes a further defense of women's rights. -- Jennifer Hornsby, Birkbeck College, University of LondonThe feminist anti-pornography movement has been extraordinarily successful. Although none of the proposed laws that are the subject of this book are now on the books, the movement whose inception dates roughly to the beginnings of the Minneapolis hearings has been highly successful in changing the views of many people about the harms of pictorial materials embodying or endorsing sexual violence against women, and about the circumstances of the production of a substantial amount of highly sexually explicit material. It would be a mistake to underestimate from the lack of formal legal success the political, social, and cultural importance, and in many respects, success, of the feminist anti-pornography movement. This effect is not only American but worldwide, and the presence of active, and often successful, associated movements in Canada, New Zealand, Australia, South Africa, and many other countries is largely a product of the events whose formal documentation is the bulk of this book. This material is a valuable part of history. -- Frederick Schauer, John F. Kennedy School of GovernmentHere, in this book, is the source of the most powerful assault on patriarchy in modern jurisprudence. MacKinnon and Dworkin's work is sometimes misunderstood as anti-sex. In fact, their theories and their practical work oppose the use, abuse, and dehumanization of women, and are built on the practice of listening to women, as these hearings conclusively reveal. -- Mari Matsuda, Georgetown Law SchoolIn the words of real experience and personal testimony, In Harm's Way shows that pornography is to females what Nazi literature is to Jews and Klan propaganda is to Blacks. Whether or not all such hate literature is protected by the First Amendment, all must be rejected if we are to live together with dignity and safety. -- Gloria SteinemThese are the hearings that began it all: a conversation so heated and inspiring that the ideas are still forceful, still fought over, still evolving towards resolution. -- Patricia Williams, author of The Rooster's Egg and The Alchemy of Race and RightsTable of ContentsIntroductions The Roar on the Other Side of Silence by Catharine A. MacKinnon Suffering and Speech by Andrea Dworkin The Hearings The Minneapolis Hearings Minneapolis: Exhibits Minneapolis: Memo on Proposed Ordinance Minneapolis: Press Conference The Indianapolis Hearing Indianapolis: Appendices The Los Angeles Hearing The Massachusetts Hearing Massachusetts: Written Submissions The Ordinances Appendix: American Booksellers Ass'n. Inc. v. Hudnut Index

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Book SynopsisIn a richly detailed survey of labor law and labor history, Forbath challenges the notion of American “individualism.” He shows that, over time, struggles with the courts and the legal order were crucial in reshaping labor’s outlook, driving the labor movement to temper its radical goals.Trade ReviewA very distinguished work… Forbath derives bold and original conclusions…and is sensitive to the political and social context in which law functions… His book is right and relevant today. -- Lance Liebman, Harvard Law SchoolThis work is nothing less than a full-scale reinterpretation of the making of American pure-and-simple unionism. Forbath’s book is certain to provoke lively and health-giving debate; it will be required reading for all students of American labor history. -- David Brody, University of California, DavisIn this admirable synthesis of legal and social history, Forbath reconstructs in brilliant detail the bitter drama of the most violent years of U.S. labor relations, the era of the labor injunction… It effectively replaces Frankfurter and Greene’s classic of 1930 on labor injunctions as the standard work on the subject. -- Robert W. Gordon, Stanford Law SchoolTable of ContentsPreface Acknowledgments Introduction 1. Broad Contexts Recasting American "Exceptionalism" The State of Courts and Parties 2. Judicial Review in Labor's Political Culture Samuel Gompers and in Jacobs Hours Laws in Illinois Hours Laws in Colorado Pressed toward a Minimalist Politics 3. Government by Injunction The Origins and Dimensions of Government by Injunction The Origins of Governmentby Injunction in Railway Strikes The Rise and Repression of City-Wide Boycotts 4. Semi-Outlawry The Usurpation of Local Polities Courts and the Uses of Police, Guards and Troops Labor's Resort to Injunctions 5. The Language of the Law and the Remaking of Labor's Rights Consciousness "Labor's Whole Gospel Is Liberty of Contract" Labor's Constitution A Great Popular Defiance Anti-Injunction Laws before Norris-LaGuardia The Norris-LaGuardia Act Conclusion Appendix A: Labor Legislation in the Courts, 1885-1930 Appendix B: Approximating the Numbers of Labor Injunctions and Their Relation to Other Strike Statistics, 1880-1930 Appendix C: Judicial Treatment of Statutes Seeking to Protect Union Organizing and Action by Revising Equity and Common Law Doctrine Index

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Book SynopsisWe speak of rights as though they are matters of fact that have a crucial bearing on how we ought to behave. Yet few, if any, rights are universally acknowledged without wide differences of meaning. Weinreb makes the first significant advance toward an understanding of what rights are, how they function in our lives, and why we need them.Trade ReviewA splendid contribution to an important philosophical debate…stimulating, challenging, and, to be sure, instructive. -- Robert P. George, Princeton UniversityWeinreb sees both the nature and the content of rights arising from and being grounded on responsibility. Although others have suggested from time to time that there is some connection between responsibility and rights, no one to my knowledge has imagined that the relationship is so complete and illuminating as Weinreb proposes. This is a highly original theory of rights. -- Carl Wellman, Washington University in St. LouisTable of ContentsIntroduction 1. Persistent Puzzles 2. Human Responsibility 3. Individual Responsibility 4. Oedipus at Fenway Park 5. Responsibility and Rights 6. What Has Rights 7. Human Rights 8. Civil Rights 9. Applications Notes Index

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Book SynopsisHere one of America’s most distinguished scholar-judges shares with us his vision of the law. Posner argues for a pragmatic jurisprudence, one that eschews formalism in favor of the factual and the empirical. Laws, he argues, are not abstract, sacred entities, but socially determined goads for shaping behavior to conform with society’s values.Trade ReviewRichard Posner is one of the nation’s most influential thinkers… He spearheaded the law and economics movement that has, in the eyes of many, revolutionized the entire legal enterprise… The bulk of his book consists of close analyses…and crucial discussions…all of which are bolstered by an impressive array of references to the rich literature of contemporary law, philosophy, science and jurisprudence. -- Calvin Woodward * New York Times Book Review *As one reads through this remarkable book, Posner’s vision of law slowly builds to a climax that…is awesome… [He] tackles all the basic problems of legal thought and of moral and political philosophy since the time of Plato and Aristotle [and] enables us to see the richly textured fabric of our legal system in a more coherent manner than has anyone else. -- Stephen B. Presser * Chicago Tribune *[Posner’s] book will challenge everyone. All sides will likely draw upon the work, even as they differ with it and among themselves… [It is an] extraordinarily wide-ranging, intellectually stimulating book. -- Robert A. Katzmann * Christian Science Monitor *In short, sophisticated legal types should certainly read Posner to learn that he now argues for ‘pragmatic jurisprudence’ and ‘reasonable’ answers in law against absolute ‘right answers’… Layman should read Posner for a more vital reason. Because a nation supposedly ruled by law, not men, should be literate enough in jurisprudence to tell the difference. -- Carlin Romano * Philadelphia Inquirer *It’s hard to be in the presence of Richard Posner, or his writings, without learning. He says, in his book, many wise things about the ways of judges, and I am persuaded that, in his commentary on judges and their handling of several important issues in our polities, he has it, cannily, right… If Posner could be elevated, by magic, to the Supreme Court, without the hazards of the confirmation process, that institution would no doubt become a more interesting, charged place. -- Hadley Arkes * Public Interest *Table of ContentsPreface Introduction: The Birth of Law and the Rise of Jurisprudence The Origins of Law and Jurisprudence A Short History of Jurisprudence A Preview of the Book PART I. THE EPISTEMOLOGY OF LAW 1. Law as Logic, Rules, and Science The Syllogism and Other Methods of Logic Rules, Standards, and Discretion Scientific Observation 2. Legal Reasoning as Practical Reasoning What Is Practical Reason? Authority Reasoning by Analogy A Note on Legal Education 3. Other Illustrations of Practical Reasoning in Law Interpretation Means-End Rationality Tacit Knowing Submitting to the Test of Time 4. Legitimacy in Adjudication The Problem of Rational Prejudgment Consensus Policy versus Pedigree as Warrants for Judicial Action How Are Judges' Visions Changed? Critical Legal Studies PART II. THE ONTOLOGY OF LAW 5.

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Book SynopsisEpstein offers a sophisticated agenda for comprehensive social reform that undoes much of the mischief of the modern regulatory state. At a time when most Americans have come to distrust government at all levels, Epstein shows how a consistent application of economic and political theory allows us to steer between too much and too little.Trade ReviewA book called 'The Death of Common Sense: How Law is Suffocating America' by attorney Philip Howard has captured the attention of Washington's policy community with its maddening accounts of overzealous regulation and complex litigation. But Mr. Howard's appeal for enforcing rules with a dose of common sense never sets forth a framework for bringing about legal simplification. That's why Richard Epstein's new book...is such a suitable companion to Mr. Howard's battle cry. Mr. Epstein...believes that the traditional common law is actually more attuned to the modern world...He argues that the more complex the world, the less bureaucrats and lawmakers can know about how everything interacts, and the more perverse and inefficient the law will become...Mr. Epstein's relentlessly logical arguments tell us why we should return to the tried-and-true rules of the common law. Like manners, the common law has proven useful and long lasting precisely because it is so well-suited to a world of strangers. -- John H. Fund * Wall Street Journal *Richard A. Epstein, a professor of law at the University of Chicago, has a record of proposing radical and extreme alterations in key areas of law--alterations that perhaps initially could be dismissed as so far from the center of legal thinking as to be of only theoretical interest but then turn out to have much more political life in them than one could have thought possible...Mr. Epstein has to be taken seriously, and not only because of the power of his reasoning and his authoritative command of the common law and political philosophy...The reasoning is strong, the knowledge of specific areas of policies is deep, and behind them stands his basic commitment to a more productive and efficient society...It is bracing to undergo a cold bath in the pure doctrine of the simple rules, and in many areas they will give us some practical guidance. -- Nathan Glazer * New York Times Book Review *Simple Rules for a Complex World is a clear, consistent, libertarian economic approach to the law that should keep you interested from start to finish. -- Charles W. Chesbro * Trial *This book is a tour de force of legal history and analysis. It would have been timeless in any event, but the current Congress' agenda makes it timely as well. Property rights, product and professional liability, a flat tax and environmental protection are now front and center; labor law reform and comparable worth may soon crowd their way onto the agenda as well. Long-range vision and wisdom are too seldom combined with topical analysis, but Simple Rules for a Complex World has this invaluable quality...What Mr. Epstein has accomplished, then, is not the fabrication of a framework but the distillation of one. He has articulated and rationalized basic principles of law in a creative way that shows these principles to have both historical and theoretical primacy. At a time when much legal scholarship is devoted to the deconstruction of the root of our legal order, Mr. Epstein has written a book of reconstruction. -- Roger Clegg * Washington Times *A persuasive argument for the American legal system's return to the common-sense rules of common law, by a distinguished professor at the University of Chicago. * Chicago Tribune *Table of ContentsPreface Introduction: Too Many Lawyers, Too Much Law PART 1: CUTTING THROUGH COMPLEXITY 1. The Virtues of Simplicity 2. The Enemies of Simplicity PART 2: THE SIMPLE RULES 3. Autonomy and Property 4. Contract 5. Torts 6. Necessity, Coordination, and Just Compensation 7. Take and Pay PART 3: THE RULES IN ACTION 8. Contracting for Labor 9. Employment Discrimination and Comparable Worth 10. Professional Liability for Financial Loss 11. The Origins of Product Liability Law 12. The Contemporary Product Liability Scene 13. The Internal Life of the Corporation 14. The Corporation and the World 15. Environmental Protection and Private Property Conclusion: The Challenges to Simple Rules Notes Index of Statutes Index of Cases General Index

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Book SynopsisIn a remarkable book based on prodigious research, Horwitz offers a sweeping overview of the emergence of a national legal system from English and colonial antecedents. He treats the evolution of common law as intellectual history and demonstrates how shifting views of private law became a dynamic element in the economic growth of the U.S.Trade ReviewHe has read widely in many fields...[and] has gathered a rich harvest for any reader...a remarkable achievement. * Yale Law Journal *It is to be hoped that a wide audience will read it since the issues it raises are indispensable...Horwitz's book is written with a passion. * New York Review of Books *A thoughtful contribution to the continuing issue of whether and how much we are governed by our judges. * Library Journal *One of the five most significant books ever published in the field of American legal history. -- William E. Nelson, Yale UniversityTable of ContentsIntroduction 1. The Emergence of an Instrumental Conception of Law 2. The Transformation in the Conception of Property 3. Subsidization of Economic Growth through the Legal System 4. Competition and Economic Development 5. The Relation between the Bar and Commercial Interests 6. The Triumph of Contract The Equitable Conception of Contract in the Eighteenth Century The Rise of a Market Economy and the Development of the Will Theory of Contract Custom and Contract Tort and Contract 7. The Development of Commercial Law The Rise of Negotiability The Law of Insurance: The Development of Actuarial Conceptions of Risk Usury Swift v. Tyson: The Rise of a General Commercial Law 8. The Rise of Legal Formalism Notes Index

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Book SynopsisIn the first comprehensive account of the Supreme Court’s race-related jurisprudence, a distinguished historian and a renowned civil rights lawyer scrutinize a legacy too often blighted by racial injustice. Discussing nearly 200 cases in historical context, the authors show the Court can still help fulfill the nation’s promise of equality for all.Trade ReviewShow[s] with heartbreaking clarity how the Supreme Court has typically been more a foe than a friend to the pursuit of racial equality…[An] impressive work…Burton and Derfner’s discussion of recent Supreme Court jurisprudence offers high levels of insight, and they provide reliable guidance on controversies involving affirmative action, capital punishment, regulation of police, and other vexing subjects. -- Randall Kennedy * The Nation *This comprehensive history demonstrates a hard truth in America: the highest court has most often been on the wrong side of racial justice. From the heartbreak of Dred Scott to the promise of Brown v. Board of Education to current efforts to roll back voting rights, Justice Deferred reminds us that the fight for justice requires our constant vigilance. -- Ibram X. Kendi, author of Stamped from the Beginning and How to Be an AntiracistJustice Deferred plumbs, with magisterial sweep and resonant clarity, the Supreme Court’s wrestling with white America’s commitment to the politics of domination. For ten of our nation’s twelve generations, no massacre has been too bloody, no injustice too stark, for the Court to defend. Excruciating legal battles have brought evanescent victories. Always, justice requires us to struggle against the sin of forgetfulness, and this book strikes a mighty blow, calling us to the struggles of our time and reminding us that higher ground awaits. -- Rev. Dr. William J. Barber II, Co-chair, Poor People’s CampaignWhen we reflect on the past, patterns emerge that explain the present. This remarkable book about race and the Supreme Court comes at a time when Americans are reckoning with the injustices of our past and the inequities they have wrought on our present. The fascinating narrative by Burton and Derfner, both of whom I know and admire, is especially relevant and can be helpful as our nation continues its pursuit of ‘a more perfect Union’ in the days and years to come. -- Congressman James E. Clyburn, House Majority WhipExtremely important and timely…When it comes to SCOTUS’s racial decisions, Burton and Derfner let the history speak for itself…It is hard to read this story…as anything other than a disappointing and dispiriting betrayal of African Americans, Native Americans, Asian immigrants, other minorities, and civil rights…Many of the stories and cases considered in Justice Deferred are utterly heart wrenching. Taken together, they are enough to make us question our trust in the Supreme Court. -- R. Owen Williams * Los Angeles Review of Books *An important contribution…Burton and Derfner argue that most of the Supreme Court’s accomplishments happened from the 1930s to the early 1970s. Before then, the court ‘spent much of its history ignoring or suppressing those rights, and in the half century since the early 1970s the Court’s record on civil rights has retreated far more than it advanced.’ With clear and accessible prose, Burton and Derfner trace this disheartening story, which began during slavery and has not stopped. -- Frye Gaillard * The Progressive *At best, the US Supreme Court has a mixed record when it comes to issues of race and civil rights…Justice Deferred offers a needed refresher course for faded memories on the Supreme Court’s unequal history with one of the key issues not only of our day, but one that has always been key in this country’s development—one that still requires more work. -- Mike Farris * New York Journal of Books *A comprehensive survey of the Supreme Court’s role in the battle for racial equality. Analyzing more than 200 rulings, the authors make clear that the court has more often been an impediment to progress than an ally of it…Spanning American history from the colonial era to the present day, Burton and Derfner offer copious evidence that justices have been influenced by the politics of their respective eras…This meticulous deep dive into the court’s mixed record on civil rights is a must-read for legal scholars. * Publishers Weekly *An extensive, thoughtful narrative charting the history and impact of race jurisprudence in the United States Supreme Court…Burton and Derfner exhaustively cover court cases and decisions from 1619 to the present (on issues ranging from Indigenous land rights to voting), explore how phrasing and word choice can uphold laws, and contextualize the relationship between these court decisions and ongoing racial discrimination in the U.S.…Superb…It will benefit scholars and students, as well as readers interested in civil rights and legal history. * Library Journal (starred review) *A comprehensive portrait of the centrality of race in some of the Court’s most momentous decisions…We would do well to internalize the lessons of Justice Deferred as we consider the current attacks on Critical Race Theory (which isn’t taught in K-12 schools, by the way) and Nikole Hannah-Jones’ ‘1619 Project’ as they attempt to shed light on the persistence of white supremacy in America. While it, too, may be demonized for its unflinching portrayal of our racialized legal history, Justice Deferred should be required reading for anyone seeking a deeper understanding of the impact of race on American political, economic, and legal structures. -- John L. S. Simpkins * Post and Courier *Weaving together sweeping trends and telling detail from cases both (in)famous and unknown, Justice Deferred is invaluable. Burton and Derfner go beyond constitutional cases to examine statutory cases as well, from fugitive slave lawsuits to decisions interpreting the anti-discrimination statutes of the Second Reconstruction, offering a far richer explanation for the current state of the law and racial justice. Written with a clarity that general readers can follow but with a sophistication that will deepen law students’ and practicing attorneys’ understanding, it is exactly the right book at the right time. -- Pamela S. Karlan, Stanford Law SchoolRemarkable for the breadth and depth of its historical and legal analysis, Justice Deferred makes an invaluable contribution to our understanding of the US Supreme Court’s role in America’s difficult racial history. -- Tomiko Brown-Nagin, author of Courage to Dissent: Atlanta and the Long History of the Civil Rights MovementEminent historian Vernon Burton and distinguished civil rights lawyer Armand Derfner have produced a marvelous, comprehensive history of race and the Supreme Court. Justice Deferred is a thoroughly engaging and accessible book on an essential subject. -- Mary Frances Berry, former chair, United States Commission on Civil RightsIn this magisterial history, Burton and Derfner demonstrate how the law both reflects society and shapes it. Explaining landmark Supreme Court cases through the entire sweep of American history, they reveal that the key dividing line in American judicial ideology is between justices who interpret our laws broadly to bring our fundamental principles to life and justices who interpret them narrowly in order to starve them. This book is smart, accessible, and important. -- Heather Cox Richardson, author of To Make Men Free: A History of the Republican PartyA vivid narrative and analysis of social and political conflict whose issues made their way to the highest court for resolution. Written in a lucid, readable style, Justice Deferred traces the ways in which the Supreme Court sustained slavery, upheld the Thirteenth, Fourteenth, and Fifteenth Amendments during the early years of Reconstruction, shamefully succumbed to a racist retreat from equal rights until the 1940s, and led the way in a second Reconstruction from the 1950s to the 1980s, but has stumbled into a second and erratic retreat during the past thirty-five years. -- James M. McPherson, author of Battle Cry of Freedom: The Civil War EraThe sensitive and unsparing analysis that accompanies the wonderfully rich detail in this important book makes it a necessary work for anyone who wants to understand race in America through the critical lens of the Supreme Court’s powerful influence. -- Sherrilyn Ifill, President and Director-Counsel, NAACP Legal Defense and Educational FundThe first book to comprehensively chart the Supreme Court’s race jurisprudence. For reasons obvious to many, this book could not have come too soon. We are lucky to finally have this important history reference at a time when it seems the lessons of history can too easily be forgotten. -- Talis Abolins * Trial News *A fluent, illuminating but dispiriting book…Ingeniously shows how widely the badge of servitude—the presumption that Blacks are unfit for equal rights and opportunities—has continued to haunt race relations. -- Stephen J. Whitfield * Patterns of Prejudice *An engaging, accessible, and elegantly written analysis of the history of American race relations, framed around roughly two hundred Supreme Court cases…A superb study. -- Jeffrey Adler * Criminal Law and Criminal Justice Books *

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Book SynopsisAfter 2008, private-sector spending took a decade to recover. Yair Listokin thinks we can respond more quickly to the next meltdown by reviving and refashioning a policy approach, used in the New Deal, to harness law’s ability to function as a macroeconomic tool, stimulating or relieving demand as required under certain crisis conditions.Trade ReviewThis book challenges the economic orthodoxy which has governed tax policy over the past four decades, and reclaims John Maynard Keynes's fundamental insights for the twenty-first century. Listokin's neo-Keynesianism can transform the tax code into a powerful force for both social justice and economic prosperity over the next generation. -- Bruce Ackerman, author of We the PeopleFor decades, microeconomics has dominated the field of law and economics. Yair Listokin's book turns law's attention to macroeconomics and, in doing so, identifies crucial but overlooked strategies for fighting the next recession. Few books have an impact on theory and practice, but Listokin's Law and Macroeconomics promises to change our thinking in both arenas. -- Heather K. Gerken, Yale Law SchoolLegal scholars have been trying to ignore macroeconomics for decades, but the problems of growth, deficits, money supply, and recession won't let themselves be ignored. Fortunately, Yair Listokin's fine book illuminates the path forward. -- Eric A. Posner, University of Chicago Law School

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Book SynopsisLife imprisonment has replaced the death penalty as the most common sentence imposed for heinous crimes worldwide. Consequently, it has become the leading issue of international criminal justice reform. In the first survey of its kind, Dirk van Zyl Smit and Catherine Appleton argue for a human rightsbased reappraisal of this harsh punishment.Trade ReviewPart treatise, part worldwide empirical investigation, and part normative argument, Life Imprisonment is a tour de force. It shines bright light on a legislatively prescribed and judicially imposed sentence that, remarkably, has drawn practically no scholarly attention. Until now. For the foreseeable future this book will stand as the definitive source of information on and critique of the most serious punishment practically all countries regularly impose. -- James B. Jacobs, New York University School of LawThe authors have succeeded magnificently in weaving a vast array of materials into an authoritative text. Years of network building, data collection, fact checking, and interpretation have enabled them to make a major contribution to a pressing area of criminal law. This humane and important book will become the touchstone for scholars of extreme punishment. -- Ian O’Donnell, University College Dublin School of LawVan Zyl Smit and Appleton have provided the first comprehensive study of the most common form of harsh punishment in the world today: the penal life sentence. For the first time research on this crucial topic can move on a comparative basis. This volume is an essential resource for the libraries of penal reformers, human rights lawyers, and students everywhere of comparative law, punishment, and society. -- Jonathan Simon, University of California Berkeley School of LawWill inspire and influence scholars and public policy advocates everywhere…This excellent book is in a class by itself. * Choice *

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Book SynopsisOffers a comprehensive examination of the emerging study of law as literature. This book shows that law is not only a scheme of social order, but also a process of creating meaning, and a crucial dimension of modern culture. It explains the literary theories and methods increasingly applied to law.Trade ReviewImmensely learned, thorough, and sane. -- Anthony Julius The Times Literary SupplementTable of ContentsPREFACE ix INTRODUCTION Law as Literature 3 From Letters to Literature 7 Literary Canons and Academies 13 The Risks and Possibilities of Law and Literature 16 Genres of Criticism 20 CHAPTER ONE Interpretive Crises in American Legal Thought 28 Introduction 28 1.1 The Crisis of Whig Hermeneutics 31 1.2 Progressive Interpretation 56 1.3 The Crisis of Progressive Interpretation 87 Conclusion 109 CHAPTER TWO Hermeneutic Criticism of Law 112 Introduction 112 2.1 Literary Theories of Interpretation 114 2.2 Law as Literary Interpretation 154 2.3 Legal Hermeneutics in Practice 188 Conclusion 199 CHAPTER THREE Narrative Criticism of Law 201 Introduction: The Law as Narrative Trope 201 3.1 Literary Theories of Narrative 209 3.2 Instrumental Claims: Narrative as Law's Antagonist and Salvation 232 3.3 Law and Narrative as Mutually Inherent 261 Conclusion: Performing the Law and Narrating the Nation 287 CHAPTER FOUR Rhetorical Criticism of Law 292 Introduction: Law, Rhetoric, and the Problem of Authoritarianism 292 4.1 A Very Brief History of Rhetoric 299 4.2 The Conservative Model o Rhetoric 309 4.3 Is a Liberal Rhetoric Possible? 330 Conclusion 376 CHAPTER FIVE Deconstructive Criticism of Law 378 Introduction 378 5.1 Derridean Deconstruction 380 5.2 Deconstruction as Epistemological Criticism 408 5.3 Deconstruction as Ethical Criticism 440 Conclusion 460 CHAPTER SIX Cultural Criticism of Law 462 Introduction 462 6.1 Theoretical Sources for Cultural Criticism of Law 464 62 Cultural Readings of Disputes 480 6.3 Cultural Readings of Capitalism 507 Conclusion 538 INDEX 541

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Book SynopsisDeals with state responses to cultural difference through the examination of a number of encounters between individuals, groups, and the state, in the United States and elsewhere. This book opens the concepts of groups and the state, arguing for the complexity of their relations and interpenetrations.Trade Review"In this rich and wide-ranging book, the reader is likely to encounter some stories that are thought-provoking, some of that were previously unfamiliar, and some that put old disputes in a new light."--Keith E. Whittington, The Law and Politics Book ReviewTable of ContentsAcknowledgments ix Introduction 1 PART ONE: Monumental Federalism 1. Owen in America: Ambiguities in the Concept of the Federal System 17 2. Indians and Individualists: A Multiplicity of Sovereignties 30 3. An Imperium in Imperio: The Mormon Empire and Later Developments 46 4. Another Yoder Case: The Separatist Community and the Dissenting Individual 65 5. Melting Pots and Pariah Peoples 80 PART TWO: The Peaceable Kingdom 6. Theoreticians: Questions Left Open 101 7. The Minority Treaties of the League of Nations 119 8. The Debate over Education: Truth, Peace, Citizenship 138 9. Children and Groups: Problems in Fact and in Theory 157 10. Negotiating the Frameworks: The Problem of the Sensitive Citizen 178 Conclusion 203 Index 211

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Book SynopsisWhy has the nation's legal system evolved to allow both corporate and individual debtors greater control over their fate than imaginable elsewhere? Probing the political dynamics behind this question, this book provides an account of the remarkable journey American bankruptcy law has taken from its beginnings in 1800.Trade Review"A brilliant and comprehensive book... Told with a sound understanding of theory and law, and an eye for detail, Skeel's book is an instant classic--a comprehensive and intriguing history of bankruptcy law in America... [It] will serve as the definitive work on the history of bankruptcy law for bankruptcy experts as well as a comprehensive guide on the development of the modern American bankruptcy system for the interested generalist."--Todd J. Zywicki, Michigan Law Review "For anyone with a keen interest in following the unfolding of the Enron case (as well as the liquidations of scores of other corporations, large and small, that have gone bust in the past two or so years), perusing Debt's Dominion would be educational... An informative, useful history."--Shawn Zeller, National Journal "Those interested in bankruptcy law will now turn first to Debt's Dominion. David Skeel has produced an excellent history of bankruptcy law. While many question about the history of bankruptcy remain to be answered, the starting point for answering those questions has changed."--Bradley A. Hansen, EH.Net "David A. Skeel's surprisingly readable rummage through the philosophical, political and policy considerations that continue to swirl around bankruptcy ... is an expertly guided tour... First it offers a rare and insightful examination of how policy and politics interact in bankruptcy legislation; second, it provides an extraordinary look at the rise, fall, rise, fall ... of the bankruptcy bar, and the immense role it came to play in policy."--John Caher, New York Law Journal "David Skeel has written a new definitive source on the history of bankruptcy law in the United States. His work is a detailed and complete history of federal bankruptcy legislation and of the political debates and maneuvering that shaped those laws."--Lynne Pierson Doti, Enterprise & Society "Anyone seeking to understand both the evolving shape of bankruptcy law in America and its impacts on American legal, social, and economic trends would find Skeel's book a very useful starting place. Accessibly written and yet full of highly technical information, Debt's Dominion is one of the best books on bankruptcy currently available."--Charles L. Zelden, Journal of American History "David Skeel's work provides us with a valuable one-volume overview of the progression of American consumer and corporate bankruptcy law over the last century."--Thomas G. W. Telfer, Law and Politics Book ReviewTable of ContentsINTRODUCTION 1 PART ONE: THE BIRTH OF U.S. INSOLVENCY LAW 21 CHAPTER ONE: The Path to Permanence in 1898 23 CHAPTER TWO: Railroad Receivership and the Elite Reorganization Bar 48 PART TWO: THE GREAT DEPRESSION AND NEW DEAL 71 CHAPTER THREE: Escaping the New Deal: The Bankruptcy Bar in the 1930s 73 CHAPTER FOUR: William Douglas and the Rise of the Securities and Exchange Commission 101 PART THREE: THE REVITALIZATION OF BANKRUPTCY 129 CHAPTER FIVE: Raising the Bar with the 1978 Bankruptcy Code 131 CHAPTER SIX: Repudiating the New Deal with Chapter 11 of the Bankruptcy Code 160 PART FOUR: THE VIEW FROM THE TWENTY-FIRST CENTURY 185 CHAPTER SEVEN: Credit Cards and the Return of Ideology n Consumer Bankruptcy 187 CHAPTER EIGHT: Bankruptcy as a Business Address: The Growth of Chapter 11: Practice and Theory 212 EPILOGUE: Globalization and U.S. Bankruptcy Law 238 NOTES 245 INDEX 273

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Book SynopsisOffers an exploration of the Supreme Court's approach to religion, offering a close look at various cases. This book traces the history of the way the Court has rendered important decisions involving religious liberty. It offers a fresh analysis of some of the Court's most important decisions in constitutional doctrine.Trade Review"The Supreme Court and Religion in American Life provides for the general reader a useful road map through the history and case law. The first of the two volumes tells the history rather comprehensively, with a minimum of interpretive overlay. The second tries to understand the story. Hitchcock's work is especially valuable for his extensive coverage of the Court's religion jurisprudence before the deluge--that is, before the 1940s, when the Court deliberately made itself a tribunal of the nation's religious disputes."--Russell Hittinger, First ThingsTable of ContentsIntroduction to Volume 1 1 CHAPTER O NE The Kingdom of This World 3 CHAPTER T WO Belief and Action 18 CHAPTER T HREE The Phantom Wall 32 CHAPTER F OUR Clouds of Witnesses 43 CHAPTER F IVE Expansion 60 CHAPTER S IX Contraction 90 CHAPTER S EVEN Religious Education and Public Support 122 C ONCLUSION 149 Notes 163 Bibliography 193 Index of Justices 205 Index of Cases 207 General Index 213

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