Jurisprudence and general issues Books

Book SynopsisPresents an approach to regulating intimacy that promises to defuse the tensions that have sparked conflict among legislators, jurists, activists, and scholars. Can law stay out of the bedroom without shielding oppression and abuse? This book present a defense of privacy, based on the idea that norms and rights are legally constructed.Trade Review"Cohen challenges each reader to defend his or her own normative account of liberty and equality... By proposing a role for reflexive law outside the realm of technocracy, Cohen offers the possibility that our collective efforts to solve our practical problems can aid in articulating the rights that define the kinds of persons we are."--Michael C. Dorf, Columbia Law Review "Although Jean L. Cohen focuses on sexual relations, reproductive rights, and sexual discrimination, her reflexive paradigm of law applies to any sort of legal regulations... [F]or those scholars interested in a theoretically grounded approach to understanding the Court's decision in Lawrence v. Texas, as well as any type of legal regulation ... Cohen's book is worth the effort."--Daniel Mangis, Rhetoric and Public AffairsTable of ContentsAcknowledgments ix Introduction 1 Overview 5 CHAPTER ONE: Constitutional Privacy in the Domain of Intimacy: The Battle over Reproductive Rights 22 The Feminist Egalitarian Critique of Privacy Analysis 28 The Communitarian Critique 42 Privacy as Decisional Autonomy: The Isolated, Disembedded Self? 44 Privacy and Identity 49 A Constructivist Justification of the New Privacy Rights 52 The Scope of Privacy: Bringing the Body Back In 57 Excursus: On Property, Privacy, and Legal Paradigms 64 Conclusion 74 CHAPTER TWO: Is There a Duty of Privacy? Law, Sexual Orientation, and the Dilemmas of Difference 77 The Neo-Republican Revival of Privacy Discourse 78 The "New Military Policy": Privacy Protection for Gays and Lesbians? 84 The Right to Privacy and the "Epistemology of the Closet" 86 The Construction of a Stigmatized Identity: Bowers v. Hardwick 94 The Personhood Justification: Normative Paradoxes 97 The Libertarian Solution: Morally Indifferent Sex and the Harm Principle 101 Conclusion 116 CHAPTER THREE: Sexual Harassment Law: Equality vs. Expressive Freedom and Personal Privacy? 125 The Development of Sexual Harassment Law 127 The Hegemonic Feminist Sex-Desire/Subordination Model 129 Liberal Objections 132 Liberal Feminist Alternatives: Redefining the Harm 134 Postmodern Feminist Reframings: Criticizing Legal Normalization 136 Postmodern Feminist Reframings, Part 2: Redescribing the Role of Law 139 Legal Paradigms: An Explanation and a Way Out? 142 Conclusion 149 CHAPTER FOUR: The Debate over the Reflexive Paradigm 151 The Systems-Theoretical Model of Reflexive Law 153 The Action-Theoretical Approach: A Procedural Paradigm 157 A Proposed Synthesis: The Sociological Reflexivity Model 164 Responsive Law 169 Dangers of Reflexive/Procedural/Responsive Law: Arbitrariness and/or Normalization 172 Reconceptualizing the Reflexive Paradigm: A Synthetic, Pluralist Approach 175 CHAPTER FIVE: Status or Contract? Beyond the Dichotomy 180 The Traditional Status Regime Regulating Intimacy 182 Privatization of Family Law 184 The Communitarian Critique of Private Ordering: Toward a New Status Order 187 The Limits of Status 196 Conclusion 197 Notes 205 Cases Cited 261 Bibliography 263 Index 279

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Book SynopsisExplores what can go awry when we put our humanitarian yearnings into action on a global scale - and what we can do in response. This book examines campaigns for human rights, refugee protection, economic development, and for humanitarian limits to the conduct of war.Trade Review"David Kennedy's new book reflects on the misunderstandings and mistakes that sometimes lurk amidst the work and results of well-intentioned people who are trying to make the world a better place... This is a disheartening but essential book."--Donald W. Jackson, The Law and Politics Book Review "Important and timely... The most systematic and attentive treatment of the problems that arise when ideas of humanitarian professionalism contradict the real needs of people in distress."--Eric A. Heinze, Perspectives in Political Science "This is an interesting and important book... [W]hat Kennedy does do well is to argue that the humanitarian community has by and large failed to confront the reality of bad consequences flowing from good intentions."--Ramesh Thakur, Japanese Journal of Political Science "David Kennedy ... has written in this work a provocative analysis of those who would better the lives of individuals through action in international relations... Kennedy is always stimulating and well worth reading."--David P. Forsythe, The American Journal of International Law "There is a sort of almost spiritually liberating quality in [Kennedy's] relentless self-examination, in his search for a meta-shift of focus for the discipline, in his search for new boundaries to trespass beyond what can be concretely said... Kennedy's call for a pragmatic and responsible humanitarian self-empowerment can appeal to many."--Ignacio de la Rasilla del Moral, European Journal of International LawTable of ContentsPreface xi Acknowledgments xxvii PART I: The International Humanitarian as Advocate and Activist 1 Chapter One: The International Human Rights Movement: Part of the Problem? 3 Chapter Two: Spring Break: The Activist Individual 37 Chapter Three: Autumn Weekend: The Activist Community 85 PART II: The International Humanitarian as Policy Maker 109 Chapter Four: Humanitarian Policy Making: Pragmatism without Politics? 111 Chapter Five: The Rule of Law as a Strategy for Economic Development 149 Chapter Six: Bringing Market Democracy to Eastern and Central Europe 169 Chapter Seven: The International Protection of Refugees 199 Chapter Eight: Humanitarianism and Force 235 PART III: What International Humanitarianism Should Become 325 Chapter Nine: Humanitarian Power 327 Index 359

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Book SynopsisOffensive street speech - racist and sexist remarks that can make its targets feel both psychologically and physically threatened - is common in our society. This title argues that racist and sexist speech creates, reproduces, and reinforces systems of hierarchy in public places.Trade Review"The author has written a compelling text that not only highlights the problem of offensive public speech experienced daily by ordinary citizens but broadens our understanding of this noxious issue."--Susan Fineran, American Journal of SociologyTable of ContentsList of Tables ix Acknowledgments xi CHAPTER ONE Introduction 1 CHAPTER TWO Law and Power in Sidewalk Encounters: Conflicting Perspectives on Offensive Public Speech 17 CHAPTER THREE Experiencing Offensive Public Speech: The Detailed Calculus for Being in Public 39 CHAPTER FOUR Offensive Public Speech as a Personal Problem, Social Problem, and Subject for Legal Intervention 68 CHAPTER FIVE Ordinary Citizens' Views of the Legal Regulation of Street Speech 98 CHAPTER SIX Power in Public: Reactions, Responses, and Resistance to Offensive Public Speech 133 CHAPTER SEVEN License to Harass 167 APPENDIX A Research Design 181 APPENDIX B Questionnaire 198 Notes 207 Cases Cited 211 References 213 Index 219

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Book SynopsisOnce a bit player in military conflict, law has become a political and ethical vocabulary for marking legitimate power and justifiable death. Examining this important development, this book attempts to retell the history of modern war and statecraft as a tale of the changing role of law and the dramatic growth of law's power.Trade Review"The provocative new book, Of War and Law ... [is] a cautionary tale of what can go wrong when military leaders and outside observers use legal language as a substitute for independent ethical thinking. According to Kennedy, the military's increasing reliance on the law creates the illusion that there is an objective way to balance civilian lives and military goals. It relieves the decider of responsibility for judgment... Kennedy traces the evolving relationship of law and warfare as the boundaries between war and peace have steadily grown less distinct."--Bill Ibelle, Harvard Law Bulletin "This powerful work by a Harvard legal scholar probes the modern transformation of warfare and the growing 'merger' of the 'professional vernaculars' of military force and law... This is an original contribution to the debate about the perils of liberal democracy in an age of limited but unending war."--G. John Ikenberry, Foreign Affairs "In this provocative and timely book, Professor David Kennedy probes the relationship between war and law, incisively unraveling two concepts that have become increasingly intertwined since the Second World War ... offering lessons for politicians and citizens alike."--Harvard Law Review "Kennedy's [book] is an innovative and provocative assessment of the contemporary uses of the laws of war. [It] makes an utterly invaluable contribution to our understanding of the role of legal ideas in regulating, constituting and debating the use of force."--Alex J. Bellamy, International Affairs "Kennedy is always an interesting thinker and writer and the themes he deals within this book are fascinating... Kennedy's points should be studied and his effort to disentangle the web of law, war and politics should be wholeheartedly supported and furthered. In this sense, Of War and Law can be viewed as an interesting contribution to a useful and intriguing debate."--Ioannis Kalpouzos, Journal of Conflict & Security Law "Kennedy's emphasis on ethics and politics is a welcome respite from the excesses of legal categories, all the more so coming from a humanitarian professional. Indeed, he wants to return the experience of responsibility to violent conflict--and to all participants. His thoughtful book is a laudable contribution in that direction."--Christian R. Donath, The European Legacy "Readers who plow through this brief book will be rewarded with unique insights concerning modern law of armed conflict (LOAC)... This is a thoughtful and intelligent hook, with a significant point. The epilogue is particularly well-done."--Gary Solis, Journal of Military HistoryTable of ContentsAcknowledgments ix Introduction: War Today 1 Chapter 1: War as a Legal Institution 13 The Political Context for War 13 Professional War 27 Law as the Landscape for War 33 Law and the Legitimacy of Military Operations 39 Chapter 2: The Historical Context: How Did We Get Here? 46 International Law before the Rise of Modern War and Statecraft 47 Law Meets Modern Warfare 56 Changes in Legal Thought: An Opening for Humanitarianism 64 International Institutions and the Rise of a Modern Law of Force 68 Legal Realism and the Transformation of the Law in War 83 Chapter 3: War by Law 99 Battle in the Shadow of Sharp Distinctions and Outsider Ethics: Traces of the Premodern Legal Order 100 Modern Law and Modern War: Problems of Strategy 111 Legal War and the Elusive Experience of Responsibility 141 Epilogue 165 Notes 173 Index 179

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Book SynopsisUnlike criticisms of multiculturalism, which worry about 'reverse discrimination' or the erosion of core Western cultural values, this book's focuses on the effects of multicultural rhetoric and multicultural rights on their beneficiaries. It argues that multicultural accounts of cultural difference do not describe the practices of social groups.Trade Review"Ford is deliberately provocative and his arguments are ingenious, often funny and sometimes remarkably personal."--The New Yorker "A serious work of legal scholarship about race that's innovative, bracing and funny? Stanford law professor Ford pulls it off in a surprising, rigorous volume that should send academics, legal professionals, civil rights activists and others dedicated to social justice racing for both sides of the barricades... Agree with it or not, this book is an invigorating pleasure for thoughtful readers."--Publishers Weekly "Ford provides an alternative 'practice-based' definition of culture based on hybrid and emergent cultural traits, and offers ways in which antidiscrimination arguments can avoid the pitfalls of essentialism and ascribed social categories."--ChoiceTable of ContentsPreface vii PREAMBLE 1 Difference Discourse 4 Political Philosophy 5 Legal Scholarship 11 Legalism 13 Ideology 14 Lexicon 17 Overview of the Book 20 CHAPTER 1. DIFFERENCE DISCOURSE 23 A (Abridged) History of Difference 29 The Production of Group Difference as Common Knowledge 36 The "Repressive Hypothesis" 36 "Diversity": Difference Discourse as Corrupt Detente 42 Alan Bakke: Multiculturalist? 44 CHAPTER 2. IDENTITIES AS COLLECTIVE ACTION 59 Identity as Social Performance 61 Free Time 64 Recognition of Difference as Protective Custody 67 Rights as Public Policy 68 Rights-to-Difference Require an Official Account of Group Difference 70 Difference Discourse as Social Discipline: Delegitimation and Stereotyping 74 Cultural Reservations 78 Copyrights-to-Difference: Culture as Property 88 Identity Consciousness: Less Is More 90 Group Consciousness without Cultural Romanticism 91 Culture Distinguished from Status 93 Against "Racial Characteristics" 97 Status and Immutability 100 Intimacy and Identity 116 CHAPTER 3. "CULTURAL DISCRIMINATION" 125 Why "Cultural Bias" Is Like Death and Taxes 127 Background Rules as Cultural Discrimination 127 The Inevitability of Discriminatory Laws 130 Everyone Can Make a Difference: Difference Discourse as Cultural Zeitgeist 132 Difference as an Expensive Taste 139 Institutional Cultures 142 Institutions, Culture and Intergroup Conflict 148 Cosmopolitan Difference 156 The Cosmopolitan and the Province: An Ideological Reorientation 162 CHAPTER 4. THE ENDS OF ANTI-DISCRIMINATION LAW 169 Civil Rights as a Limited Mechanism of Social Justice 170 Anti-discrimination Law and Joint Costs 172 Doctrinal Reform 179 Disparate Treatment 181 Disparate Impact 183 Rogers Redux: Toward a Pragmatic Approach to Difference 195 Alternative Approaches to Group Conflict and Social Injustice 203 POSTSCRIPT: BEYOND DIFFERENCE 211 Notes 215 Index 227

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Book SynopsisBased on evidence about the development of the American states from the mid-nineteenth to the late twentieth century, this book documents the mechanisms through which geographical and historical conditions - such as climate, access to water transportation, and early legal systems - impacted political and judicial institutions and economic growth.Trade Review"In this book, economists Berkowitz and Clay use variation across U.S. states as a sort of historical economic laboratory. Drawing on a wide array of quantitative and qualitative data sources, they lay out and document the connections among a number of geographic and climatic characteristics and the extent of political competition that emerged in each state... This is an important contribution to the literature on institutional economics, economic history, and economic development."--Choice "Berkowitz and Clay deserve considerable credit for taking up the difficult challenge of applying the ES (Engerman-Sokoloff) and AJR (Acemoglu-Johnson-Robinson) approach to the experience of U.S. states. Certainly anyone else contemplating something similar will need to study this book very carefully because they will have to grapple with some of the same issues faced by the authors. The book is timely, well written, and the authors have amassed an interesting body of data."--Robert A. Margo, EH.Net "Berkowitz and Clay build a compelling empirical case for their broad argument... The Evolution of a Nation is an important and useful work, one that will be of interest to economists, historians, and political scientists with an interest in American political and economic development."--Thomas Oatley, Journal of Regional Science "The strength of The Evolution of a Nation lies in the collected historical and recent data. All these are sufficiently displayed on charts, graphs, appendices, which cover over eighty pages in the body of the book. The meticulously written introduction and overview provide a methodological model to those for ongoing research. Complying with the expectations of the authors, the book stands at the intersection between economics, history, law and politics and can be beneficial within the classroom setting of these disciplines at undergraduate and graduate levels. Furthermore, as it presents stimulating discussions and raises new questions about law, legal intuitions, economic growth, it can be a reference book for the years to come in historical and sociological studies."--N. Sibel Gu?zel, European Journal of American StudiesTable of ContentsAcknowledgments ix Chapter One: Introduction 1 Chapter Two: Legal Initial Conditions 16 Chapter Three: Initial Conditions and State Political Competition 60 Chapter Four: The Mechanism 92 Chapter Five: State Courts 133 Chapter Six: Legislatures and Courts 169 Chapter Seven: Institutions and Outcomes 192 References 203 Index 223

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Book SynopsisLaw is integral to culture, and culture to law. This book invites readers to consider how the facts that are adduced in a legal forum connect to the ways in which facts are constructed in other areas of everyday life, and how the processes of legal decision-making partake of the logic by which the culture as a whole is put together.Trade Review"Lawrence Rosen exposes as false the view that law is an independent source of truth. Jurisprudence has a tendency to treat law as something given in nature, with a capacity to discern facts and attain absolute truth. This idea Rosen is determined to denounce... Rosen stresses that any uncertainty tends to put the law under cultural pressure. Though Rosen sees law's main function as establishing faith in an orderly universe, he pays due attention to its many areas of uncertainty... [This book] deserve[s] to be widely read."--Mary Douglas, American Interest "[A]n important book, making it well worthwhile to take time off from thinking about law only as framing structures of domination and as the preserve of a specialist service profession."--Simon Roberts, Modern Law Review "Using a range of cross-cultural evidence from Europe, Africa, Latin America, and North America, and employing numerous drawings and photographs, he explores how courts, mediation, and law are involved in creating a sense of the world that is consistent with common sense."--Law and Social Inquiry "Law As Culture is a cultured reading experience in its own right and most suitable for any academic and specialist library collection."--Stuart Hannabuss, Library Review "Law as Culture is quite appealing in enquiring further and 'elsewhere' the cultural construction of legality. The book can be recommended as a useful introduction to 'cultural studies' and anthropology and remains a beneficial reference to a wide range of academic scholars."--Esther Abin, In-SpireTable of ContentsList of Illustrations ix Preface xi Introduction 1 CHAPTER 1: Law and Social Control 14 CHAPTER 2: Creating Facts 68 CHAPTER 3: Reason, Power, Law 131 CHAPTER 4: Law as Cosmology 169 Conclusion 198 Further Reading 201 Index 213

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Book SynopsisTells the tragic story of children's rights in America. This title asks why the United States, alone among nations, rejects the most universally embraced human-rights document in history, the United Nations Convention on the Rights of the Child.Trade ReviewWinner of the 2009 APSA's Best Book Award, Human Rights Section "With this thoroughly annotated, well-written book, Woodhouse performs an admirable job in helping readers to understand the complicated and ambiguous issue of children's rights in the US. Documenting some of the most egregious examples of the abuse and neglect of children with stories both personal and universal, she leads readers down the historical trail of legislative and judicial decisions made on children's behalf, and suggests others ripe for the making."--J. C. Altman, Choice "This book is timely. Hidden in Plain Sight: The Tragedy of Children's Rights ... will serve as a guide for all professions involved with children. The author has provided a discussion of the elemental rights of children, using historical narratives to illustrate the presence and lack of rights afforded them... It is an important book and hopefully will result in definitive guidelines that will include needs-based and capacity-based standards that the legal, economic, and psychosocial professions can apply in determining the best interests of children."--Viola Mecke, PsychCRITIQUES "This is a substantive book from an academic perspective while maintaining a very readable dialogue. And for absolute certainty, wherever you stand or thought you stood on the issue of children's rights, once you have read this book, you will never look at a children's story the same again."--Elizabeth Falter, Nursing Administration Quarterly "[Woodhouse] provides a narrative balanced with historical examples, including Anne Frank and the children of Dred Scott, as well as contemporary examples, like children of illegal immigrants, to explain the need for a defined structure of children's rights in the United States. Recognizing the ways that America has failed its children, Woodhouse advocates for a much-needed perspective and commitment when it comes to thinking about how we treat our country's most vulnerable youth... As a founder and director of the Center on Children and Families at the University of Florida and the Chair in Family Law at the University of Florida Levin, Woodhouse is uniquely situated to write about advocating for children's rights."--Erika Asgiersson, Campus Progress.comTable of ContentsIllustrations ix Foreword by Ruth O'Brien xi Preface xv Introduction: Ain't I a Person? 1 Chapter 1: How to Think about Childhood 15 Chapter 2: How to Think about Children's Rights 29 Part 1: The Privacy Principle: Stories of Bondage and Belonging Chapter 3: Boys in Slavery and Servitude: Frederick Douglass 51 Chapter 4: Girls at the Intersection of Age, Race, and Gender: Dred Scott's Daughters 75 Chapter 5: Growing Up in State Custody: "Tony" and "John G." 93 Part 2: The Agency Principle: Stories of Voice and Participation Chapter 6: The Printer's Apprentice: Ben Franklin and Youth Speech 111 Chapter 7: Youth in the Civil Rights Movement: John Lewis and Sheyann Webb 133 Part 3: The Equality Principle: Stories of Equal Opportunity Chapter 8: Old Maids and Little Women: Louisa Alcott and William Cather 159 Chapter 9: Breaking the Prison of Disability: Helen Keller and the Children of "Greenhaven" 180 Part 4: The Dignity Principle: Stories of Resistance and Resilience Chapter 10: Hide and Survive: Anne Frank and "Liu" 213 Chapter 11: Children at Work: Newsboys, Entrepreneurs, and "Evelyn" 234 Part 5: The Protection Principle: Stories of Guilt and Innocence Chapter 12: Telling the Scariest Secrets: Maya Angelou and "Jeannie" 259 Chapter 13: Age and the Idea of Innocence: "Amal" and Lionel Tate 279 CONCLUSION: The Future of Rights 304 Notes 315 Bibliography 337 Index 349

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Book SynopsisWhether dealing with contracts, tort actions, or government regulations, lawyers are more likely to be successful if they are conversant in economics. This title provides the essential tools to understand the economic basis of law. It focuses on a few key concepts and shows how they play out in numerous applications.Trade Review"Economics for Lawyers provides systematic instruction in economic theory relevant to law, starting with indifference curves and working its way through the basics of game theory... [It] is a very good textbook. It is comprehensive, well-organized, clearly written, and very usable... [T]he focus of the book is unique; I know of no other book that attempts to do the same thing."--G. Thomas Woodward, The Federal LawyerTable of ContentsIntroduction xv What Makes This Book Different xvii Recommended Supplementary Reading xviii Chapter 1: Finding the Optimal Use of a Limited Income 1 I. INDIFFERENCE CURVES 1 A. The Main Question 1 B. Indifference Curves Slope Downward 2 C. Other Things to Know about Indifference Curves 4 II. GAINS FROM TRADE USING THE EDGEWORTH BOX DIAGRAM 6 A. Construction of the Box 8 B. Pareto Superior Trades 10 C. The Contract Curve: Pareto Optimal Allocations 12 III. THE BUDGET LINE: THE ESSENCE OF THE ECONOMIC PROBLEM 14 A. Impact of Income Changes 16 B. Impact of Price Changes 16 IV. CONSUMER CHOICE: THE OPTIMUM USE OF A LIMITED INCOME 16 A. Determining the Optimal Solution 16 B. Portraying an Exact Solution 18 C. How a Change in Income Affects Choice 19 D. The Impact of a Price Change on the Optimum Solution 20 V. THE COMPENSATION PRINCIPLE: THE DOLLAR VALUE OF CHANGES IN UTILITY 20 A. Valuing the Utility Change from a Price Reduction 20 B. Anatomy of a Price Change: Income and "Price" Effects 23 VI. APPLICATIONS OF THE COMPENSATION PRINCIPLE 24 A. Buckley's Tulips and Mums Problem 24 B. Dominic's Report Card and Computer Games 33 Chapter 2: Demand Curves and Consumer Surplus 41 I. FROM INDIFFERENCE CURVES TO DEMAND CURVE 41 II. CONSUMER SURPLUS 46 A. An Intuitive Way to Understand Consumer Surplus 47 B. Using the Compensation Principle 49 C. Checking Back with the Indifference Curve Map 51 III. MARKET DEMAND CURVE 52 A. Consumer Surplus When Demand Curves Are Linear 55 B. Complements and Substitutes 57 C. Changes in Income 59 IV. DEMAND ELASTICITY 59 A. Calculating the Elasticity for a Linear Demand Curve 60 B. Relation of Elasticity to Total Revenue 63 C. Long-run versus Short-run Elasticity 67 V. APPLICATION: IMPOSITION OF A TAX 68 A. Showing the Distortion on Indifference Curves 68 B. Efficiency in a Kaldor-Hicks Sense 70 C. Showing the Distortion on the Demand Curve 73 D. Tax Burden: Application of Demand Elasticity 76 APPENDIX: CONSUMER SURPLUS AND UNCOMPENSATED DEMAND CURVES 80 Chapter 3: Supply Curves and the Flow of Resources Also Sunk Cost, Opportunity Cost, and Transactions Cost 82 I. THE WORLD MARKET FOR NICKEL 83 A. The Supply of Nickel with No Fixed Costs 83 B. Producer Surplus 85 C. The World Price for Nickel 86 D. Surpluses in Market Equilibrium 88 II. THE SOLUTION WITH FIXED COSTS AND MANY FIRMS 89 A. Constructing the Cost Curves 90 B. Sustainable Price: Equilibrium in a Long-run Sense 94 III. MARKET EQUILIBRIUM: ENTRY, EXIT, AND COMPETITIVE RETURNS 95 A. How to Evaluate the Sustainability of a Market Price 95 B. The Dynamics of Entry 96 C. The Concept of Long-run Supply 99 IV. PRODUCER SURPLUS, LONG AND SHORT RUN, AND ECONOMIC RENT 100 A. Producer Surplus in a Short-run Sense 100 B. The Concept of "Rent" 101 C. The Dynamics of an Increase in Rent 103 D. Portraying the Solution in the Market for Litigation Services 104 E. The Long-run Supply Curve 107 V. BRINGING IT ALL TOGETHER: RECONSIDERING A TAX ON ONE GOOD 111 A. Short-run Impact of the Tax 111 B. Long-run Impact of the Tax 113 VI. A FEW MISCELLANEOUS COST ISSUES 115 A. Sunk Cost 115 B. Opportunity Cost 120 C. Transactions Cost 122 APPENDIX: SHORT- AND LONG-TERM IMPACT OF A SUBSIDY 125 Chapter 4: Using Demand and Supply Curves to Evaluate Policy 127 I. SHIFTS IN DEMAND AND SUPPLY CURVES 128 II. IMPACT OF A MAXIMUM PRICE: THE CASE OF GASOLINE 131 A. Setting Up the Problem 131 B. The Queue for Gasoline 133 C. The Social Cost of the Queue 135 D. A First Lesson in Property Rights 137 E. A Candidate for an Even More Inefficient Solution: Regulation 139 III. THE ECONOMICS OF THE MINIMUM WAGE 140 A. Unskilled Workers Still Employed Gain Rent 141 B. Some Low-rent Workers Displace Some High-rent Workers 142 C. High-rent Workers Outhustle Low-rent Workers 143 D. Rent to Unskilled Workers 146 E. Effort Adds Value, Which Attenuates Job Losses 147 F. A Note on Unions 148 IV. PRICE SUPPORTS 148 A. Restriction on Output 149 B. No Restriction on Supply 151 Chapter 5: The Economics of Monopoly 153 I. THE PRICE DECISION 154 A. The Rule for Finding the Profit-maximizing Price 154 B. Finding the Optimal Price 156 C. Characteristics of the Monopoly Solution 159 II. THE SOCIAL COST OF MONOPOLY 161 A. Deadweight Loss 161 B. Market for Monopoly 163 C. Rent Erosion 164 III. MONOPOLY PRICE DISCRIMINATION 170 A. Two Markets: Ice Cream Monopoly 170 B. Perfect Price Discrimination 173 C. Other Ways to Extract Consumer Surplus 174 IV. PRICE DISCRIMINATION IN COMPETITIVE MARKETS 176 A. Movie Theaters 176 B. Other Examples 180 V. COMPETITION OF THE FEW 183 A. Cheating 184 B. Prisoner's Dilemma 185 APPENDIX A: PRICE DISCRIMINATION IN THE MILK MARKET 188 A. How Milk Regulations Work 188 B. The Social Cost of Regulation 191 APPENDIX B: THE MOVIE THEATER COST STRUCTURE 193 Chapter 6: Public Goods and Common Resources Toward Understanding the Economics of Property Rights 194 I. AN INTRODUCTION TO PUBLIC GOODS 195 II. INNOVATIONS: CLASSIC PUBLIC GOODS 199 A. The Solution in an Ideal World 200 B. Patent Awards 203 C. How the Patent System Affects Societal Surplus 204 D. The Patent Quandary 208 E. Other Ideas about Patents 212 III. CONTRACTS UNDER DURESS: THE COMMON RESOURCE PROBLEM 214 A. Honor the Contract 216 B. Nullify the Contract and Impose a Reasonable Settlement 217 C. The Optimal Settlement Rule 217 D. The Main Problem: Setting Average Value to Marginal Cost 220 E. Another Way to Think about the Problem 221 IV. THE SOURCE OF RENT EROSION: POORLY DEFINED PROPERTY RIGHTS 222 Chapter 7: Externalities The Coase Theorem 228 I. WHY EXTERNALITY ISSUES ARE DIFFERENT 228 II. AIRPORT NOISE 230 A. Setting Up an Externality Model 230 B. There Is No Costless Solution to an Externality Problem 233 C. The Socially Optimum Level of Externality 234 III. THE COASE THEOREM 235 A. Airlines Own Noise Rights 235 B. Homeowners Own Noise Rights 236 C. What If Transactions Costs Are Not Zero? 237 D. Corrective Taxes 240 IV. ALLOWING FOR NOISE ABATEMENT 241 A. Stylized Abatement Technology 242 B. A Corrective Tax with Abatement 244 C. Coase with Abatement 245 D. Tradable Noise Permits 245 E. What If Homeowners Can Abate Some Noise? 246 Chapter 8: Pollution in the Workplace: Contract or Externality? An Introduction to the Rules of Law 247 I. COMPENSATION FOR EXPOSURE TO AIR PARTICULATES 248 A. Setting Up the Air Particulate Problem 249 B. The Demand for Clean Air 249 C. The Supply of Clean Air 250 D. The Socially Optimal Amount of Clean Air 251 II. HOW DO WE OBTAIN THE SOCIALLY EFFICIENT SOLUTION? 251 A. A Contract Solution (Buyer Beware) 251 B. Regulatory Solution 252 C. Strict Liability Standard 253 III. THE COMPENSATION PRINCIPLE AND ECONOMIC DAMAGES 254 A. Torts Are the Flip Side of Contracts 255 B. What If Judgment Amounts Are Not Economic Damages? 258 C. Transactions Costs Again 260 D. Value of Life in a Contract Setting 261 E. Value of Life in a Liability Setting 262 IV. NEGLIGENCE STANDARDS 267 A. An Efficient Negligence Standard 267 B. What If Workers Can Reduce Harm Themselves? 268 C. Contributory Negligence 269 D. Comparative Negligence 269 E. Strict Liability with Contributory Negligence 270 APPENDIX A: THE DECISION TO SMOKE AND RULES OF LAW 272 APPENDIX B: DRIVING AND ACCIDENTS 276 APPENDIX C: ABATEMENT WITH MASKS 280 Chapter 9: Lemons Markets and Adverse Selection Signals, Bonds, Reputation, and Tie-ins as Solutions 282 I. THE "LEMONS" MARKET PROBLEM 284 A. How a "Lemons" Market Arises 284 B. A Market for Information 287 II. BONDING A PROMISE OF HIGH QUALITY 288 A. Reputation Value 289 B. Quality Assurance Premium: Where Does Reputation Value Come From? 290 C. Specialized Investments 293 D. Advertising 295 E. Warranties 297 III. PROBLEMS WHEN THE SELLER IS UNINFORMED: ADVERSE SELECTION 299 A. Temporal Adverse Selection 300 B. Cross-section Adverse Selection 302 C. Some Market Solutions 305 D. A "Tie-in" Contract 307 E. The Employment Contract as a Tie-in 308 IV. ADVERSE SELECTION IN THE JOB MARKET 313 APPENDIX: AUCTIONS AS APPLICATIONS OF DEMAND THEORY AND BONDING 316 Chapter 10: Sorting as a Solution to Asymmetric Information Coaxing Market Participants to Divulge Valuable Information 321 I. BONDS THAT ALSO PERFORM SORTING: THE BECKER-STIGLER POLICE MODEL 324 A. A Becker-Stigler Pension Bond 324 B. An Indenture Premium 328 C. How Does the Bond Create a Sort? 328 D. An Alternative Bond: An Efficiency Wage 330 E. Putting the Two Bonds Together 332 II. THE SPENCE MODEL OF SORTING 334 A. The Idea in Brief 334 B. Application to Law School 335 C. Pursuing the Model One Step Further 335 III. OTHER SORTING DEVICES IN THE LABOR MARKET 336 A. The Not-so-free Free Sick Leave 336 B. Sorting on the Basis of Discount Rates 338 C. 401(k) Pension Plans: Another Sort on the Basis of Discount Rates 341 D. A Postscript on Becker-Stigler: Role of High Discounters 342 IV. MORE EXAMPLES OF SORTS AND BONDS 344 A. Slotting Allowances 344 B. Preparing for a Job Interview 345 Chapter 11: Moral Hazard and Agency Problems When Mispricing Affects Behavior 348 I. NOMENCLATURE 349 II. MORAL HAZARD 350 A. A Simple Water Meter Example 351 B. The Moral Hazard of Insurance 351 C. The Proverbial Free Lunch 354 D. Limits on Moral Hazard 356 E. Moral Hazard Is Not Necessarily a "Showstopper" 360 III. PRECOMMITMENT AS A SOLUTION TO EX POST MORAL HAZARD: THE CASE OF HEALTH INSURANCE 362 A. The Moral Hazard Problem 362 B. Consumer Surplus 364 C. Contracting for Efficient Care 366 D. What Happens If the ERISA Preemption Is Eliminated 367 IV. AGENCY COST: A CLOSE COUSIN TO MORAL HAZARD 369 A. What Are Agency Costs? 369 B. Examples of Agency Costs 369 V. AGENCY COSTS AND RENT EROSION: THE CASE OF TORT LAWYERS 375 A. The Reimbursement System 375 B. The Principal-Agent Problem 375 C. Implications of Rent Erosion 377 Chapter 12: Game Theory and Related Issues Strategic Thinking When Players Are Few and Information Is Poor 380 I. THE DATING GAME: BASIC CONCEPTS IN GAME THEORY 381 A. How the Game Works 381 B. Outcomes with Different Payoffs 385 C. Where Is Coase? The Role of the Cooperative Solution 389 II. BEYOND THE DATING GAME: OTHER PRACTICAL APPLICATIONS 389 A. Games in the Hiring Process 390 B. Irrational Behavior: What If Signals Are Crossed? 393 C. Dick Gets Mugged in the Park 395 III. INSTITUTIONS AND COOPERATIVE OUTCOMES 397 A. The Prisoner's Dilemma Reconsidered 397 B. Solving the Common Resource Problem: Holdups in the Building Trades 398 C. Solving the Public Goods Collection Problem: Protection for the Neighborhood 400 V. HOW LEGAL STANDARDS CHANGE THE PAYOFFS 401 A. Drivers and Cyclists 401 B. A Noise Problem 403 V. APPLICATIONS TO QUASI-MONOPOLY MARKETS: SOME SIMPLE GAME THEORY MODELS 407 A. The Cournot Model 408 B. Sequential Decision: Stackelberg 411 C. A Tit-for-tat Strategy 413 B. Index 417

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Book SynopsisA World of Struggle reveals the role of expert knowledge in our political and economic life. As politicians, citizens, and experts engage one another on a technocratic terrain of irresolvable argument and uncertain knowledge, a world of astonishing inequality and injustice is born. In this provocative book, David Kennedy draws on his experience woTrade ReviewSelected for The New York Times Book Review's "What's the Best Book, New or Old, You Read this Year?" 2016 "David Kennedy's A World of Struggle describes our world more accurately than any book I have read this year. Kennedy offers no clear prescriptions. Yet he clarifies that understanding how this world of injustice and inequality came about is the essential first step toward a democratic alternative."--Pankaj Mishra, New York Times Book Review "In his new book on how the world is ruled today through expert knowledge, Professor David Kennedy enters this continuing discussion in brilliant, pathbreaking, and trademark fashion... Presented without theoretical encumbrance or jargon, A World of Struggle is a straightforward but sophisticated account that capitalizes on prior insight to achieve a unique and powerful vantage point. The superlative book wins its distinction not only because it constructs a novel theory but also because it applies that theory to how the globe as a whole is ruled--something no one in the canon of social theory has really done."--Samuel Moyn, Harvard Law Review "Accounts of global politics are usually organized around time periods of settled order, during which powerful states laid down rules and established institutions. In this illuminating study, Kennedy tells a different story, in which contemporary international relations play out as a continuous struggle between technocratic elites around the world, in which nothing is ever settled and everything is negotiable."--G. John Ikenberry, Foreign AffairsTable of ContentsAcknowledgments vii INTRODUCTION Could This Be 1648? 1 PART I Political Economy and Struggle 21 CHAPTER 1 Political Economy: World-Making Stories 23 CHAPTER 2 Struggle: Toward a Cartography of Engagement 54 PART II Expertise 87 CHAPTER 3 World-Making Ideas: Imagining a World to Govern and Resist 89 CHAPTER 4 Expertise: The Machinery of Global Reason 108 CHAPTER 5 Expertise in Action: Rule by Articulation 135 PART III Law 169 CHAPTER 6 Law and the Global Dynamics of Distribution 171 CHAPTER 7 International Legal Expertise: Innovation, Avoidance and Professional Faith 218 CHAPTER 8 Legal Expertise in War 256 EPILOGUE Let It Be So 277 Notes 281 Index 293

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Book SynopsisIn a culture that worships ceaseless striving, settling seems like giving up. This title explores the dynamics of this process. It explains why settling is useful for planning, creating trust, and strengthening the social fabric - and why settling is different from compromise and resignation.Trade Review"Mr. Goodin's On Settling is a brief and gentle meditation on a subject that is larger and more controversial than it may at first seem."--Daniel Akst, Wall Street Journal "Goodin's gentle little book is brimming with intelligence, sense, and humanity, and he makes a lot of progress toward understanding a concept that has received far too little attention."--Cass Sunstein, New Republic "[I]t may be of more use than most self-help works on the topic combined... Goodin's argument is liberating."--Oliver Burkeman, Guardian "Goodin's On Settling may be an economical 74 pages plus footnotes and index but, intellectually speaking, is no mere hors d'oeuvre."--Chris Wallace, Canberra Times "This little book is an exercise in settling, not only a discussion of it, for Goodin has a lot more wisdom to share than he can capture in seventy-four pages. But the result of his effort is a manifestly important and worthy contribution to philosophical reflection, and no less so because it settled for being simply that rather than aspiring to say the first or last word on the subject."--David Schmidtz, Notre Dame Philosophical Reviews "I found this book highly rewarding. Due to its use of history and ordinary language, it is accessible to specialists and non-specialists alike... Goodin gives readers a well-grounded starting point for a conversation on settling--one that I hope is continued."--Harrison P. Frye, Political Studies Review and Political TheoryTable of ContentsAcknowledgments vii Introduction1 One * Modes of Settling 5 Where This Is Heading 5 Settling Down 7 Settling In 17 Settling Up 20 Settling For 25 Settling One's Affairs 27 Settling On: The Master Notion 27 Two * The Value of Settling 30 Settling as an Aid to Planning and Agency 31 Settling, Commitment, Trust, and Confidence 37 Settling the Social Fabric 44 Three * What Settling Is Not 51 Settling Is Not Just Compromising 52 Settling Is Not Just Conservatism 57 Settling Is Not Just Resignation 60 Four * Settling in Aid of Striving 63 Settling in Order to Strive 64 What Strivings Require Settling, and Why 66 When to Switch between One and the Other, and Why 68 Conclusions 74 Notes 75 References 93 Index 107

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Book SynopsisDraws on literature, law, and psychoanalysis to examine important aspects of the emergence of identity as a peculiarly modern preoccupation. This book addresses the social, legal, and personal anxieties provoked by the rise of individualism and selfhood in modern culture.Trade Review"A wide range of knowledge allows Brooks to make myriad connections and to cast a wider net, as it were, around his topic, finding resonances in many places."--Stephan Delbos, Prague Post "Rich, complex, and rewarding."--Choice "Elegant and provocative, Enigmas of Identity offers new insights into the questions and clues about who we think we are."--World Book Industry "Brooks's aim--to enrich his reader's thinking about identity--was certainly fulfilled for this reader, and should be for anyone who has a broad education including the literary territory which the book takes for granted. Readers with a different background, such as my students, might find Brooks's approach rambling and elitist. Let us be thankful that there is still room in publishing today for such a rewarding elitist ramble."--John Joseph, European LegacyTable of ContentsTo Begin 1 Chapter 1. Marks of Identity 10 Chapter 2. Egotisms 35 Chapter 3. The "Outcast of the Universe"? 60 Chapter 4. Discovering the Self in Self-Pleasuring 92 Chapter 5. "Inevitable Discovery": Searches, Narrative, Identity 117 Chapter 6. The Derealization of Self 147 Chapter 7. The Madness of Art 170 Epilogue: The Identity Paradigm 195 Acknowledgments 199 Notes 201 Index 217

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Book SynopsisIncludes bibliographical references (pages 199-265) and index.Trade ReviewA Winner of the 2015 ISA Annual Best Book Award, International Studies Association "Over the last 60 years, the international community has constructed a global human rights system, embodied in an expanding array of principles, declarations, treaties, courts, and transnationally organized lawyers and activists. Yet, as Hafner-Burton makes clear in this important book, the system's aspirations have far outstripped its ability to enforce international law and protect norms."--Foreign Affairs "The book exemplifies exactly what I am training my doctoral students to do in their writing projects: instead of creating a research design of their own, to review existing scholarship to arrive at an empirically-informed argument relevant to policy-makers that challenges existing wisdom or weighs in constructively in a debate... Hafner-Burton's call for human rights scholarship to be useful to steward states and for steward states to pay attention, resonates loud and clear."--Charli Carpenter, Duck of Minerva "Hafner-Burton effectively bridges the worlds of scholarship and practice in developing a compelling, informed, and accessible argument regarding how to promote global human rights more effectively. This fantastic book makes meaningful contributions to the academic study of human rights and also offers a compelling vision of a practical strategy for advancing human rights that should be of interest to policymakers and practitioners. Ultimately, Hafner-Burton offers a clear-headed and compelling argument in this highly readable book that should be of interest to anyone committed to making human rights a reality."--Debra L. DeLaet, International DialogueTable of ContentsPreface ix Research xiii Introduction xv 1 The Problem of Human Rights 1 Part I The Calculus of Abuse 19 2 Contexts 21 3 Rationales 29 Part II International Law 41 4 The International Human Rights Legal System 44 5 Scholarly Perspectives 67 6 Practitioner Perspectives 86 7 System Reform 116 Part III A Stewardship Strategy 135 8 The Status Quo 138 9 Nongovernmental Organizations 151 10 National Human Rights Institutions 164 11 Triage 176 12 Making More of Law and Power 193 Notes 199 Index 267

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Book SynopsisThe Law Is a White Dog tackles key societal questions: How does the law construct our identities? How do its rules and sanctions make or unmake persons? And how do the supposedly rational claims of the law define marginal entities?Trade ReviewOne of Choice's Outstanding Academic Titles for 2011: Top 25 Books "The Law is a White Dog is both philosophically breathtaking and politically relevant. Dayan's disrobing of personhood is not simply an exposure of injustice, but an argument. She beckons us to a conception of the law that considers emotion and ethics as relevant as reason."--Imani Perry, American Literary History "[A] breath-taking tour through legal and cultural contexts richly and passionately portrayed... Dayan aspires to do more than debunk the 'rationality' of law; she cries out against the injustice and violence that law's word-twisting makes both possible and invisible. Her descriptions and account of civil death, force-feeding, mind-killing solitary confinement, and slavery and its inheritors, should be required reading."--Linda Ross Meyer, Law, Culture and Humanities "Dayan succeeds mightily in her dismal project. The tale is told via death-row chain gangs, cell-extraction with dogs, rape by 'correctional officers', a rare first-hand report on the horrors of supermax prisons, and much else besides: the entombment of the living that made an end to the death penalty possible--but only because a fate worse than death had been found... The book is defined by three extraordinary strengths. First, its moral force is as direct as that of Charles Dickens, emile Zola or Henry Mayhew. Its controlled anger reminded me of No Logo, Naomi Klein's great critique of international capitalism. Second, I have never read a better use made of case law: Dayan knows the importance of legal decisions but is not bound by them, and is always aware that their hinterland matters much more than their formal prose... Third and best, the book takes the margins and makes them central...these features help to make it a triumph of style as well as of substance."--Conor Gearty, Times Higher Education "Interdisciplinary scholar Colin Dayan's most recent book, The Law Is a White Dog: How Legal Rituals Make and Unmake Persons, presents a postmodern blend of anthropology, social critique, and legal history that deconstructs the Enlightenment rationality generally associated with law. Dayan examines some of the ways in which the mechanisms of our legal system perpetuate 'violence and oppression' (p. xvii) alongside progress and modernity. Going beyond traditional histories and examinations of the law, her book explores how larger socio-legal processes, like marginalization, the creation of social outcasts, and the justification of brutal penal practices, shape our present-day society. Dayan, who serves simultaneously as anthropologist, social critic, and poet, depicts the darker side of American society and the often repressive character of our law... Written by an author well known for previous interdisciplinary work in cultural studies and law, this book is a must-have for both general academic libraries and academic law libraries. The writing is crisp, and the way in which Dayan assembles a wide array of topics that are rarely grouped together is thought-provoking and engaging. The book addresses important social questions and reveals the subtle ways that idiosyncratic legal reasoning works to rationalize harsh social processes. Dayan's deconstruction highlights the law as a key mechanism for social control, rather than a narrow area of professional discourse or an administrative or procedural system that touches only a small segment of society. Ultimately, The Law Is a White Dog will prove valuable for anyone who seeks a comprehensive, critical understanding of our society and the role played in it by the law."--Law Library Journal "[T]his work by Dayan is one of the most valuable contemporary books on law and society to come out in quite some time... The Law is a White Dog is an innovative, highly intellectual book."--Choice "A cumulative masterpiece of probing, relevant erudition... More concerned with conceptual structures than local specifics, Dayan breaks rich new critical ground on the well-trodden path from plantation to prison. [A] stunningly insightful yet painstaking inquiry into the very real effects of the ongoing legal and cultural project of defining the boundaries of personhood."--American Literature "Colin Dayan has written a challenging and ambitious book... Its interest for social and political philosophers and philosophers of law will be primarily its engagement with the question of how personhood is defined and materially shaped via the practice of law... The Law is a White Dog offers much, perhaps at exactly the points it frustrates expectation. It would be appropriately read in upper-level undergraduate classes, particularly in philosophy of law, social and political philosophy, and animal studies."--Alexis Shotwell, Philosophy in Review "Colin Dayan's The Law is a White Dog is the most imaginative and passionate (mainly about prison conditions in the US) that I have come across for a long while."--Conor Gearty, LSE Review of Books "Law is the major character in this philosophical narrative. Analyzing how the law sometimes alters and disfigures human persons ... reducing people to bare human materials, biologically alive but legally dead. Dayan summons a remarkable range of philosophical tales, including Voodoo, Greek tragedy, medieval law, Human Rights Watch reports, magic, and medicine. But eclectic as this selection is, these discourses tell a rigorous story about how humans are turned into non-humans, how animals become humans, how things are endowed with intention."--Branka Arsic, Leviathan "The Law is a White Dog is a vivid exploration of literature, history, and law. It asks hard yet stimulating questions about the systemically entrenched racial, colonial, and ideological inequalities of the Anglo-American legal system. As a text concerned with the role of law in the (un)making of legal identity, this book makes a very valuable contribution to the field of socio-legal studies as it forces one to think about the violence of law and to trouble the assumptions made about the rule of law in modern liberal democratic societies... As a present-day political project, this effort identifies the everyday consequences of remaining silent to systemic injustices."--Socialist Studies/Etudes socialistes "This provocative and rigorous analysis makes a significant contribution both to legal scholarship and contemporary discussions about criminalization, national security and racism... An innovative engagement with a range of legal areas and eras, Dayan's work helps us trace the role legal reasoning has played in producing a slave society, and a prison society, in which structures of racial violence appear inevitable, justifiable, rational and natural."--Journal of Legal Studies "Colin Dayan's The Law is a White Dog is a tour de force of interdisciplinary legal scholarship... Employing an approach that emphasizes the power of legal rhetoric, the persistence of modes of categorizing entities on the margins, and the magical thinking that conjures and parries otherness when it comes into contact with law, Dayan gives us a history replete with stunningly fresh insights into the transformational violence law inflicts and legitimizes on those it regulates and controls."--Law and Society Review "Dayan's work is engrossing, imaginative, and erudite. It will appeal to wide audiences, including historians, anthropologists, and sociologists of slavery, scholars interested in the history of punishment, and academics and activists concerned with both human and animal rights."--Mindie Lazarus-Black, New West Indian GuideTable of ContentsPreface xi Chapter 1: Holy Dogs, Hecuba's Bark 1 Chapter 2: Civil Death 39 Chapter 3: Punishing the Residue 71 Chapter 4: Taxonomies 113 Chapter 5: A Legal Ethnography 138 Chapter 6: Who Gets to Be Wanton? 177 Chapter 7: Skin of the Dog 209 Acknowledgments 253 Notes 259 Bibliography 303 Index 325

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Book SynopsisTrade Review"Noah Weisbord has written as masterful an account of the century of legal toil dedicated to corralling the human urge to wage war as has yet found two covers . . . . Weisbord’s work is that rarest of writings on legal matters: a kind of Decameron, a thoughtfully interconnected set of what might well be abstruse concepts, but told as a series of parables, aperçus, and case studies."---Brendan Howley, Literary Review of Canada"[This] insightful book . . . offers a valuable and provocative thesis . . . . The time is ripe to align with thinkers such as Weisbord, who advance a bold step forward for the restoration of relative peace rather than descend in a hopeless spiral of endless, grievous aggression against fellow human beings."---Shelley Walia, Frontline"A remarkable insider’s account of the historical efforts to criminalize wars of aggression."---Payam Akhavan, Global Justice Journal"Weisbord’s prophetic voice . . . should be heard and attended to by any human rights organization aiming at genuine pertinency in the 2020s and beyond."---Brian Philips, Journal of Human Rights Practice"Richly textured, eminently readable. . . . Masterful. . . . Riveting. . . . Overall, the book’s engaging style and readability make it an ideal companion to a broad variety of courses in international law and international relations. It should also, in my view, be on the recommended reading list for governmental and intergovernmental lawyers, including military lawyers, who must address legal issues related to the use of force and international criminal law. The book provides an especially useful starting point for those lawyers as they begin to wrestle with the complex applications of the crime of aggression in actual practice."---Laura Dickinson, The American Journal of International Law

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Book SynopsisTrade Review"[C]losely reasoned, powerful, and persuasive."--Huffington Post "Highly intelligent."--Tyler Cowen, Marginal Revolution "The book is timely and engaging."--Choice "Just Married provides a deep understanding of what it is I'm signing off on when I scribble my name on those county-issued marriage licenses."--Katherine Willis Pershey, Christian Century "This well-argued book will serve a wide audience. Anyone interested in getting into the marriage debates would do well to start with Just Married and can expect to gain a full understanding of the landscape. Macedo makes a strong argument for inclusion of same-sex marriages into the legal institution of marriage, and a strong case for retaining the legal institution."--Lori Watson, Review of Politics "Macedo offers a well-researched, wide-ranging argument for the special role of marriage in democratic society and the ability of same-sex: marriage to fit within this accepted role... Just Married ... deserves praise for challenging us to deliberate more diligently the promises and pitfalls of civil marriage."--Scott Barclay, Perspectives on Politics "There is much here I endorse heartily and much I disagree with--vehemently. As a work of public political philosophy, it is sure to engage almost any reader to the same extent, with its wide-ranging, opinionated discussion. This is simply the best book I know articulating the case for the state recognizing same-sex marriage--and stopping reform there."--Elizabeth Brake, Ethical Theory and Moral PracticeTable of ContentsPreface and Acknowledgments ix Introduction: Why Marriage Matters 1 PART I. WHY SAME-SEX MARRIAGE? Chapter 1. Gay Rights and the Constitution of Reasons 19 Chapter 2. Traditional Marriage and Public Law 38 Chapter 3. Marriage, Gender Justice, and Children's Well-Being 60 PART II. WHY MARRIAGE? Chapter 4. The Special Status of Marriage 79 Chapter 5. Marriage: Obligations, Benefits, and Access 99 Chapter 6. Reform Proposals and Alternatives to Marriage 119 PART III. WHY TWO? MONOGAMY, POLYGAMY, AND DEMOCRACY Chapter 7. The Challenge of Polygamy 145 Chapter 8. Polygamy, Monogamy, and Marriage Justice 161 Chapter 9. Polygamy Unbound? The Kody Brown Family and the Future of Plural Marriage 179 Conclusion: Happily Ever After 204 Notes 213 Bibliography 267 Index 293

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Book SynopsisTrade ReviewWinner of the 1997 C. Herman Pritchett Award, Laws and Courts section of the American Political Science Association One of Choice's Outstanding Academic Titles for 1997 "The entire package within which these familiar positions take shape is often refreshingly original... There is much in Moore's work that merits attention from constitutional theorists."--Gary Jeffrey Jacobsohn, The Law and Politics Book Review "[Moore's] reflections on constitutional law are excellent... This book will be useful to professors of Constitutional Law and possibly to students in courses in advanced studies of the Constitution... Professor Moore's treatment of the Dred Scott decision is especially interesting since it weaves in materials that will not be familiar to many readers."--Robert F. Drinan, Law Books in ReviewTable of ContentsList of FiguresPrefaceIntroduction. Reconceiving Constitutional Politics3Ch. 1Toward Constitutional Citizenship: Official Pronouncements13Ch. 2Toward Constitutional Citizenship: Unofficial Commitments37Ch. 3Acting through Government and Independently66Ch. 4Enumerations and Implications105Ch. 5Problems of Practical Politics152Ch. 6Reconceiving Supreme Powers173Ch. 7Exercising Powers and Securing Rights196Ch. 8Interpretive Autonomy Revisited239Conclusion. We the People: Reflections275Postscript287Index291

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Book SynopsisIn this provocative book, C. Edwin Baker argues that print advertising seriously distorts the flow of news by creating a powerfully corrupting incentive: the more newspapers depend financially on advertising, the more they favor the interests of advertisers over those of readers. Advertising induces newspapers to compete for a maximum audience withTrade Review"Advertising and a Democratic Press is an essential book for anyone interested in the structural impact of advertising on American newspapers in particular and the American media in general."--Financial Times "Newspapers, Baker insists, operate mainly as businesses, secondarily as businesses, and occasionally--when they're sounding patriotic and devoted to the public interest--as businesses... The main problem ... is that advertising now accounts for some 65 percent of the average daily newspaper's revenue. In such a fix, he believes, advertisers replace readers and editors in determining editorial content."--Carlin Romano, The Philadelphia Inquirer "Baker's central concern is the impact of the media's financial dependence on advertising on the substance and distribution of their nonadvertising content... The real contribution of Baker's work is ... the use of economic analyses to show how an apparent benefit of advertising-the subsidizing of the cost of information to the public-can lead, ironically, to a less free and democratic press."--American Political Science ReviewTable of ContentsPrefaceIntroduction3Ch. IAdvertising: Financial Support and Structural Subversion of a Democratic Press7Ch. IIAdvertising and the Content of a Democratic Press44Ch. IIIEconomic Analysis of Advertising's Effect on the Media71Ch. IVPolicy Proposals83Ch. VThe Constitutionality of Taxation or Regulation of Advertising118Mathematical Appendix139Notes141Index191

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Book SynopsisAs an Advocate of the Supreme Court, John Dugard observes the South African legal order daily in operation. In this book he provides a thorough description and probing analysis of the workings of the system. He places South Africa's legal order in a comparative context, examining the climate of legal opinion, crucial judicial decisions, and their sTable of Contents*Frontmatter, pg. i*Contents, pg. vii*Preface, pg. xi*Acknowledgments, pg. xv*Abbreviations, pg. xvii*Part One. The Legal Framework, pg. 1*Part Two. Human Rights and the Law, pg. 51*Part Three. The Political Trial, pg. 203*Part Four. The Judicial Process and Human Rights, pg. 277*Part Five. A New Approach to Law, pg. 389*Bibliography, pg. 403*Table of Statutes, pg. 421*Table of Cases, pg. 435*Index, pg. 445

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Book SynopsisThis edition of the work regarded as a modern classic in the field of international law corresponds to the third French edition in which the author updates his attempt "to increase the authority of international law by bringing back into it the values upon which it was founded." While this edition remains faithful to the ideas expounded in earlierTable of Contents*Frontmatter, pg. i*Foreword, pg. v*Translator's Preface, pg. vii*Author's Preface, pg. xi*Contents, pg. xv*Abbreviations, pg. xvi*I. The Foundations of the Modern State-The Individualist Consequences of the New Distribution of Power, pg. 3*II. The Consolidation of the State-Growing Predominance of the Political since the Treaties of Westphalia, pg. 22*III. International Law from the Congress of Vienna to the First World War, 1815-1914, pg. 44*IV. Between the Two World Wars, 1919-1939, pg. 53*I. The Political Fact: Its Criterion-Political Disputes. Political Tensions: Their Various Forms, pg. 71*II. Is There an "International Community"?, pg. 88*III. Sovereignty and International Organization, pg. 101*IV. The Human Ends of Power, pg. 120*I. Social Factors and Political Factors in the Development of International Law, pg. 133*II. The State in the International Order, pg. 166*III. Inter-State Relations, pg. 228*IV. Peaceful Change, pg. 308*BOOK IV. THE JUDICIAL SETTLEMENT OF DISPUTES, pg. 325*CONCLUSION, pg. 362*Index, pg. 367

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Book SynopsisThis supplementary volume to The Papers of Woodrow Wilson contains a collection of letters that eloquently reflect the ideals and expectations shared by those American intellectuals who hoped to build a new order out of the chaos of the First World War. Originally published in 1966. The Princeton Legacy Library uses the latest print-on-demand tecTable of Contents*Frontmatter, pg. i*Foreword, pg. vii*Contents, pg. xi*Colonel House to R. B. F., May 4, 1919 - R. B. F. to Sir Eric Drummond, November 7, 1919, pg. 1*R. B. F. to Sir Eric Drummond, November 7, 1919 - R. B. F. to his father, Frank S. Fosdick, January 10, 1920, pg. 56*R. B. F. to Sir Eric Drummond, January 17, 1920 - R. B. F. to Dr. Abraham Flexner, February 4, 1924, pg. 101*Dr. Abraham Flexner to R. B. F., February 5, 1924 - R. B. F. to his Family, July 19, 1919, pg. 140*Covenant of the League of Nations, pg. 147*Index, pg. 159

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Book SynopsisThis volume brings together eleven articles by a distinguished medieval scholar. The major emphasis is on legal thought that resulted from the revival of Roman law at Bologna and on the influence this thought had on medieval "constitutionalism." Includes such important studies as "A Romano-Canonical Maxim, Quod Omnes Tangit, in Bracton," and "StatuTable of Contents*Frontmatter, pg. i*Preface, pg. vii*Contents, pg. xiii*Introduction, pg. 1*I. Parisian Masters as a Corporation, 1200 - 1246, pg. 27*II. Roman Law and Early Representation in Span and Italy, 1150 - 1250, pg. 61*III. Plena Potestas and Consent in Medieval Assemblies, pg. 91*IV. A Romano - Canonical Maxim, Quod Omnes Tangit, In Bracton and in Early Parliaments, pg. 163*V. Ratio Publicae Utilitatis, Ratio Status, and "Reason of State", 1100 - 1300, pg. 241*VI. Status Regni: Lestat Du Roialme in The Statute of York, 1322, pg. 310*VII. Status, ID Est, Magistratus: L'Etat, C'est Moi, pg. 333*VIII. Status Regis: Lestat Du Roi in The Statute of York, pg. 368*IX. The Roman Law and The "Inalienability Cause" in The English Coronation Oath, pg. 415*X. Public Law, The State, and Nationalism, pg. 434*XI. The Naturalness of Society and The State, pg. 494*Reflections, pg. 562*Bibliography, pg. 571*Index, pg. 611

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Book SynopsisAmid the halls of Harvard Law, a professor of legend, James Bradley Thayer, shaped generations of students from 1874 to 1902. The Prophet of Harvard Law draws from untouched archival sources to reveal the origins of the legal world we inhabit today. It is a story of ideas and people in equal measure.Table of Contents List of Figures Preface Acknowledgments Introduction 1. Thayer’s Origins 2. Thayer’s Scholarship 3. Theyer’s ProtÉgÉ: Oliver Wendell Holmes Jr. 4. Thayer’s Students: Louis Brandeis, John Henry Wigmore, Roscoe Pound, and Learned Hand 5. Thayer’s Heir: Felix Frankfurter Conclusion Notes Index

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Book SynopsisDrawing on more than 25,000 party and amicus briefs led between 1984 and 2015 and the text of the related court opinions, as well as interviews with former Supreme Court clerks and attorneys, Morgan Hazelton and Rachael Hinkle shed light on one of the more mysterious and consequential features of Supreme Court decision-making.Table of Contents List of Figures and Tables Preface Acknowledgments Introduction 1. Briefs and the People Who Produce Them 2. Crafting a Brief 3. Coordinating and Coalescing: Investigating Information Sharing between Briefs 4. The Win/Loss Column: Influencing Case Outcomes 5. Standing Out or Speaking Together: How Individual Briefs Shape Opinion Content 6. Shaping the Law Together: Collectively Influencing Opinion Content Conclusion Appendix A. Interviews Appendix B. Data Collection, Scope, and Processing Appendix C. Regression Tables Notes Bibliography Index

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Book SynopsisOffers the memoir of a public interest lawyer driven by the cause of justice. While the stories Stephen Saltonstall tells are entertaining, they are also instructive, providing, as he says, ‘an insider look at the American justice system, which is rigged against the poor and people of color and tolerates police perjury.’Table of Contents Foreword by Michael Meltsner Preface Acknowledgments 1. Prelude: Suicide Notes and Golden Hits on the Way to the Bar 2. The Outlaw Road and its Challenges 3. My First Case: Representing a Serial Killer 4. Representing a Cop-Killer 5. The Chad Green Case: Medicine Versus Quackery 6. Fighting to End the Death Penalty in Massachusetts 7. Vermont Law Practice 8. The Cowboy Snodgrass Case 9. My Most Troubling Walk-in Cases: The Cleaning Lady and the Doctor and the Gun on My Desk 10. Continuing with Public Defense 11. Homicides by Auto 12. Representing the World Person in Vermont 13. Getting Rid of a Bad Judge 14. Operation Rescue Accuses Me of Attempted Murder 15. Combatting the War on Drugs 16. Defending Nature 17. The Lamb Brook Aftermath 18. Political Cases 19. A Precedent-Setting Case for Student Freedom of Speech 20. Foiling a Frame-up 21. From Lawyer to Water Truck Driver List of Cases Coda and Notes on Sources Index

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Book SynopsisThe study of surveillance is more relevant than ever before. The fast growth of the field of surveillance studies reflects both the urgency of civil liberties and privacy questions in the war on terror era and the classical social science debates over the power of watching and classification, from Bentham to Foucault and beyond.Trade Review"The standard by which subsequent efforts will be judged. Those eager to build upon the important existing works in these areas are well advised to start with this excellent volume."Sociological Review "Written by one of the most influential surveillance scholars internationally, this book provides for the first time a truly interdisciplinary introduction to the study of surveillance. Surveillance Studies not only constitutes an important entry point to critically engage with surveillance in general, it also provides ... the perfect starting point to further develop the study of surveillance as a promising and crucially important field of research."Area "This book represents an overview of the field, but is nevertheless original and insightful in its own right. Above all, it is written in a clear and precise manner."Journal of the Royal Anthropological Institute "A clearly written introduction to the subdiscipline that promises to serve as a useful criminology, sociology, or political science undergraduate textbook."Sociology "David Lyon's work demands our utmost respect and admiration for its scope, balance and clarity. If one were restricted to the reliance on only one text on surveillance I would suggest without hesitation to select this book."Ursula M. Franklin, University of Toronto "A clearly written, comprehensive and balanced introduction to the burgeoning field of surveillance studies. Definitive (or even pretty good) answers are elusive, but this book does a fine job of asking the right social scientific and moral questions."Gary T. Marx, Massachusetts Institute of TechnologyTable of ContentsPreface and Acknowledgments Introduction Part I Viewpoints 1. The Watched World Today 2. Spreading Surveillance Sites 3. Explaining Surveillance Part II Vision 4. Information, Identification, Inventory 5. Security, Suspicion, Social Sorting 6. Bodies, Borders, Biometrics Part III Visibility 7. Surveillance, Visibility and Popular Culture 8. Struggles over Surveillance 9. Data, Discrimination, Dignity Glossary Further Reading Bibliography Index

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Book SynopsisCrime in an Insecure World investigates the alarming trend across Western societies of treating every imaginable source of harm as a crime. It locates this trend in the 21st century obsession with insecurity fostered by neo-liberal governments.Trade Review"This book makes a valuable contribution to our understanding of how nations exploit and negotiate risk. It also provides a powerful analysis of mass criminalisation across the globe and will therefore be a fascinating read for academics and for policymakers." —Simon Davies, Times Higher Education Supplement "As the title suggests, Richard Ericson’s Crime in an Insecure World captures the central developments facing late modern society, all of which contribute to the decline of criminal law. Ericson delivers a deep and compelling analysis of an unraveling civil society that produces not only a culture of control but also a culture of suspicion. Written in a straightforward style, the book helps us understand how structural realignments in a neo-liberal regime shape our perceptions of crime and disorder." —Michael Welch, London School of Economics and Political Science "Crime in an Insecure World demonstrates all the virtues of clarity and scholarship that we have come to expect in Ericson’s work. In this timely statement these are joined with a more urgent, morally engaged, even prophetic voice. Ericson urges us to see more clearly that our yearning for an impossible security may yet prove ruinous for our legal order, our civil society and indeed the very safety that we so crave. This powerful and cogent analysis deserves the widest possible audience." —Richard Sparks, University of EdinburghTable of ContentsList of Illustrations and Figures. Acknowledgments. 1 Crime in an Insecure World. 2 National Security. 3 Social Security. 4 Corporate Security. 5 Domestic Security. 6 Insecurity. References. Index.

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Book SynopsisAn objective and unflinching analysis of the destruction of America’s constitutional order and the creation of an elective dictatorship.Trade Review" Every American schoolchild is taught that we live in a nation of laws. No one, not even the president, is above the law. As Ryan Alford documents with devastating clarity, successive presidential administrations have made a mockery of this ideal. The US experiment is in danger of degenerating into a democracy in name only, in which an out-of-control executive branch operates with impunity under a veneer of rubber-stamp checks and balances. Thanks to Alford's important work, no one can claim we weren't warned." Ted Rall, cartoonist and author of Trump: A Graphic Biography " Permanent State of Emergency is a timely and important book - it is difficult to find a volume that combines a focus on the critical idea of the rule of law with discussion of the contemporary problem of executive power, and otherwise impossible to find one that firmly roots its discussion in the history of the American executive." Paul Gowder, author of The Rule of Law in the Real World " Permanent State of Emergency offers a compelling historical and theoretical analysis of executive power from a unique perspective. In light of President Trump, the argument of the book has only become more pressing and urgent, making this an indispensabl

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Book SynopsisThe Yearbook contains articles of lasting significance in the field of international legal studies.

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Book SynopsisThe Yearbook contains articles of lasting significance in the field of international legal studies.

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Book SynopsisThe Yearbook contains articles of lasting significance in the field of international legal studies.

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Book SynopsisThe Yearbook contains articles of lasting significance in the field of international legal studies.

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Book SynopsisThis book examines Canadian experiences of social control, moralregulation, and governmentality during the late nineteenth and earlytwentieth centuries. Informed by the wealth of theoretical andhistorical writings that have recently emerged on these subjects, thecontributors explore diverse state, social, legal, and human encounterswith the regulation of lives in British Columbia and Canadian history.Incest in the criminal courts, racial-ethnic dimensions of alcoholregulation, public health initiatives around venereal disease, and theseizure and indoctrination of Doukhobor children, among other issues,are examined in these nine original essays.This collection will interest scholars, researchers, practitioners,and students of a wide range of contexts including law, history,sociology, criminology, women's studies, Native studies, socialwTrade ReviewThis book will be of great interest to those intrigued by legal history and, more specifically, the role the law has played in constructing people’s lives, perceptions and experiences. -- Lindsay Ferguson * Saskatchewan Law Review, Vol. 66 *I hope too that it will be widely read on both sides of the Atlantic, both as containing interesting and important history and as inviting debate on the relationship between the data of historical experience and the concepts around which those data are arranged. I am glad that I read it. -- Richard W. Ireland * Journal of Law and Society, Sept 2003 *John McLaren’s study of the seizure and indoctrination of Sons of Freedom children 1950-60 ... is a masterpiece that examines the history of the Sons’ attempt to keep their children out of public schools and preserve their unique way of life. Having a firm foot on the ground and in local, provincial, and federal sources, McLaren’s work is a model of legal-historical research and writing. This collection could not be more complete ... This is a model study of how local history can inform our past and the making of public policy in the future. -- Louis A. Knafla * Canadian Journal of Law and Society, Vol. 18 *... ably illustrates how thoughtful questions and the willingness to pose such queries will, more often than not, steer engaged inquiries in wonderfully creative, unexpected, and intriguing directions ... And thus, if we can safely take Regulating Lives as an indication of the work to follow, the new Law and Society series from UBC Press will be invaluable. -- Jonathan Swainger * The Canadian Historical Review, 84:4, December 2003 *Table of ContentsAcknowledgments Introduction / John McLaren, Robert Menzies, and Dorothy E.Chunn 1. 'A Strange Revolution in the Manners of the Country':Aboriginal-Settler Intermarriage in Nineteenth-Century British Columbia/ Jay Nelson 2. Control of the Insane in British Columbia, 1849-78: Care, Cure,or Confinement? / Gerry Ferguson 3. Racializing Prohibitions: Alcohol Laws and Racial/EthnicMinorities in British Columbia, 1871-1927 / MimiAjzenstadt 4. Secrets and Lies: The Criminalization of Incest and the(Re)Formation of the ‘Private’ in British Columbia,1890-1940 / Dorothy E. Chunn 5. 'Charity is One Thing and the Administration of Justice isAnother': Law and the Politics of Familial Regulation inEarly-Twentieth-Century British Columbia / Robert Adamoski 6. Regulating the 'Respectable' Classes: Venereal Disease,Gender, and Public Health Initiatives in Canada, 1914-35 / RenisaMawani 7. Race, Reason, and Regulation: British Columbia’s Mass Exileof Chinese ‘Lunatics’ Aboard the Empress of Russia, 9February 1935 / Robert Menzies 8. The Politics of Naming: Constructing Prostitutes and RegulatingWomen in Vancouver, 1939-45 / Michaela Freund 9. The State, Child Snatching, and the Law: The Seizure andIndoctrination of Sons of Freedom Children in British Columbia, 1950-60/ John McLaren Postlude / John McLaren, Robert Menzies, and DorothyE. Chunn Contributors Index

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Book SynopsisThe Yearbook contains articles of lasting significance in the field of international legal studies.Table of ContentsArticlesJutta Brunnée and Stephen J. Toope, A Hesitant Embrace: The Application of International Law by Canadian CourtsPierre-Francois Mercure, Les obligations de coopération et de solidarité des pays en développement et la sécurité alimentaire mondiale : la normativité du mécanisme de développement durableTed L. McDorman, An Overview of International Fisheries Disputes and the International Tribunal for the Law of the Sea (ITLOS)Darryl Robinson, The Impact of the Human Rights Accountability Movement on the International Law of Immunities Mark Toufayan, Deployment of Troops to Prevent Impending Genocide: A Contemporary Assessment of the UN Security Council's PowersFeature: The Macdonald Symposium PapersGibran Van Ert Ronald St-John Macdonald on using international law in Canadian courtsJohn Currie, The Contributions of Ronald St. J. Macdonald to International Peace and Security Issues under the UN CharterKaren Knop, Voyages Real and UnrealLuzius Wildhaber, The European Court of Human RightsChi Carmody, A Look Back at Looking Forward: Ronald St. John Macdonald and the Future of International LawNotes and CommentsNicole LaViolette, L’importance de l’opinion publique : L’homoparentalité et la décision de la Cour européenne des droits de l’Homme dans l’affaire Fretté c. FranceValerie Hughes, The Newfoundland-Nova Scotia Maritime Boundary Dispute ChroniquePracticeForeign AffairsParliamentary Treaties PracticePrivate International LawPublic International Law Book ReviewsAnalytical IndexIndex of Cases

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Book SynopsisAfrica's notorious civil wars and seemingly endless conflicts constitute one of the most intractable threats to global peace and security in the post-Cold War era. This book provides both a superb analysis of the historical dysfunction of the post-colonial African state generally and, more specifically, a probing critique of the crisis that resulted in the tragic collapse of Liberia.Using a historical deconstruction and reconstruction of the theories and practice of international law and politics, Ikechi Mgbeoji ultimately shows that blame for this endless cycle of violence must be laid at the feet of both the Western powers and African states themselves. He further posits that three measures a reconstructed regime of African statehood, legitimate governance, and reform of the United Nations Security Council are imperatives for the creation of a stable African polity. In the post-9/11 era, this holistic and multilateral approach to collective security remains the world''s bTrade ReviewA timely, well written book that will appeal to those interested in Africa—international lawyers, international relations specialists, and others who are concerned about the impact of the “global war on terrorism” on the role of international law and social justice … there is no question that this is an important book that draws on a wide variety of sources and disciplines to address both an area that has been neglected for far too long in the US (African politics and history) and an issue that is at the forefront of US foreign policy today (the legitimate use of military force internationally). -- Ronald C. Slye, Seattle University School of Law * Law and Politics Book Review *The book is a significant contribution to the fields of international law and African studies … [It] provides a basis from which to start to make sense of a vast continent which has been forgotten in its hour of need. It points the way forward and clarifies the difficult historical and intellectual problems that must be comprehended if Africa is to be understood both by Africans as well as outsiders. -- Director of the Human Rights Center at SUNY Buffalo School of Law and author of Human Rights: A Political and Cultural CritiqueTable of ContentsIntroduction1 The Myth of African Statehood2 Collective Security and the Liberian Conflict3 The Liberian Conflict and the International Law on Foreign Intervention in Domestic Conflicts4 The UN Charter and the Ratification of the ECOWAS Action by the Security Council: Implications for Global Security5 Reconfiguring Collective Security in AfricaConclusionNotesBibliographyIndex

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Book SynopsisGood Government? Good Citizens? explores the evolving concept of the citizen in Canada at the beginning of this century. Three forces are at work in reconstituting the citizen in this society: courts, politics, and markets. Many see these forces as intersecting and colliding in ways that are fundamentally reshaping the relationship of individuals to the state and to each other.How has Canadian society actually been transformed? Is the state truly in retreat? Do individuals, in fact, have a fundamentally altered sense of their relationship to government and to each other? Have courts and markets supplanted representative politics regarding the expression of basic values? Must judicialized protection of human rights and minority interests necessarily mean a diminished concern for the common good on the part of representative politics? To what extent should markets and representative politics maintain a role in the protection of human rights and minority interests? WillTrade ReviewIn Good Government? Good Citizens? W.A. Bogart provides a thoughtful analysis of the drama of social and political change in Canada over the last several decades. -- Mike Hogeterp * The Catalyst, Summer 2006 *Bogart offers an important thesis about the power of judges and rights that demands further inquiry both in Canada and elsewhere in the West. -- Richard A. Brisbin, Jr., Dept of Political Science, West Virginia University * Law and Politics Book Review *Any reader who would cares about the future of democracy in Canada would do well to read this broad-ranging and thought-provoking book. -- Miriam Smith, Department of Political Studies, Trent University * Canadian Public Policy, vol. XXXII. No. 1, 2006 *Table of ContentsAcknowledgmentsIntroductionPart 1: The Society that Was1 Before the TransformationPart 2: Courts, Politics, and Markets in a Society in Transition2 The Ascendance of Courts3 Representative Politics in Disarray4 Chasing Choice: The Market AboundingPart 3: Some Examples of a Changing Canada5 Aboriginals: Two Row Wampum, Second Thoughts, and Citizens Plus6 Citizens in Cyberspace: The Internet and Canadian Democracy7 The Youngest Citizens and Education as a Public Good?8 Evermore Citizens Who Are Senior: An Ageing Canada Conclusion: "The Dance of Adjustment"NotesIndex

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Book SynopsisChallenging myths about a peaceful west and prairie exceptionalism, the book explores the substance of prairie legal history and the degree to which the region's mentality is rooted in the historical experience of distinctive prairie peoples.Trade ReviewLaws and Societies is a useful contribution to the sparse history of law and governance in Canada ... The editors challenge historians of western Canada to muse about the use of the law and legal documents in their projects. Hopefully, the collection will inspire future conferences, discussions, and monographs on the law and its application in western Canada and in Canada. -- Jonathan Anuik, University of Saskatchewan * H-Net Book Review *[UBC Press’ Law and Society Series], edited by W. Wesley Pue, is a prime example of the excellent scholarly work that is currently being conducted on the critical issues surrounding the interaction between law and society in Canada. The eleven essays in Laws and Societies in the Canadian Prairie West underscore the complexities of implementing the rule of law and administering “justice” in the sparsely settled and geographically vast area of Canada’s Prairie region. As Lou Knafla notes in the introductory chapter, the Prairies represent the “least developed” region in Canadian legal history (p.2). This volume makes a notable contribution to correcting this imbalance. As well as being a valuable source for Canadian legal and social historians, Laws and Societies in the Canadian Prairie West will prove to be beneficial to scholars outside of Canada who wish to gain a better understanding of some of this country’s key legal foundations. -- Michael Boudreau, Department of Criminology & Criminal Justice, St. Thomas University * Law and Politics Book Review, Vol. 16 No. 7, July, 2006 *Table of ContentsIllustrationsPreface1. Introduction: Laws and Societies in the Anglo-Canadian North-West Frontiers and Prairie Provinces, 1670-1940 / Louis A. KnaflaPart One: First Nations and First Peoples2. Law and Necessity in Western Rupert's Land and Beyond, 1670-1870 / Hamar Foster3. “There Seemed to be No Recognized Law”: Canadian Law and the Prairie First Nations / Sidney L. Harring4. The Exclusionary Effect of Colonial Law: Indigenous Peoples and English Law in Western Canada, 1670-1870 / Russell C. Smandych5. Discipline and Discretion in the Mid-Eighteenth-Century Hudson's Bay Company Private Justice System / Paul C. NigolPart Two: Adaptations to Modernity6. Policing Two Imperial Frontiers: The Royal Irish Constabulary and the North-West Mounted Police / Greg Marquis7. The Common Law and Justices of the Supreme Court of the North-West Territories: The First Generation, 1887-1907 / Roderick G. Martin8. The Implications of a Provincial Police Force in Alberta and Saskatchewan / Zhiqiu Lin and Augustine Brannigan9. The Development of Prairie Canada's Water Law, 1870-1940 / Tristan M. Goodman10. Monopolies and State Regulation: The Calgary Power Company, Utilities, and the Alberta Public Utilities Board, 1910-30 / Janice Erion11. The Law and Public Nudity: Prairie and West Coast Reactions to the Sons of Freedom, 1929-1932 / John McLarenAcknowledgments Contributors General Index Index of Cases Index of Ordinances, Proclamations, and Statutes

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Book SynopsisAims to make available to Canadians and the international community a presentation of Canadian thought on problems of international law. This yearbook contains articles in the field of international legal studies; a notes and comments section; a digest of international economic law; a section on Canadian practice in international law; and more.Table of ContentsArticlesJ.-G. Castel / “The Legality and Legitimacy of Unilateral Armed Intervention in an Age of Terror, Neo-Imperialism, and Massive Violations of Human Rights: Is International Law Evolving in the Right Direction?”Pierre-Olivier Savoie / « La CIJ, l’avis consultatif et la fonction judiciaire: entre décision et consultation »Hugh Adsett, Anne Daniel, Masud Husain, and Ted L. McDorman / “Compliance Committees and Recent Multilateral Environmental Agreements: The Canadian Experience with Their Negotiation and Operation”Karen Hulme / “Of Questionable Legality: The Military Use of Cluster Bombs in Iraq in 2003”Mark Toufayan / “A Return to Communitarianism? Reacting to ‘Serious Breaches of Obligations Arising under Peremptory Norms of General International Law’ under the Law of State Responsibility and United Nations Law”Maureen Irish / “Global Public Policy and the World Trade Organization after Shrimp/Turtle and Asbestos” Notes and CommentsColleen Swords and Alan Willis / “The Decision of the International Court of Justice in the Case Concerning Legality of Use of Force (Serbia and Montenegro v. Canada)”L.C. Green / “The Role of Discipline in the Military”Tribute to Ivan L. HeadKarin Mickelson / BiographyObiora Chinedu Okafor / “Receiving the Headian Legacy: International Lawyers, South-to-North Resource Transfers, and the Challenge of International Development”Obijiofor Aginam / “‘On a Hinge of History’: The Global Environmental and Health Dimensions of Mutual Vulnerability in the Twenty-First Century” Chronique de Droit international economique en 2003 / Digest of International Economic Law in 2003Richard Ouellet / “Commerce”Bernard Colas / “Le Canada et la système financier international en 2003” Céline Lévesque / “Investissement” Canadian Practice in International Law / Practique canadienne en matière de droit internationalColleen Swords / “At the Department of Foreign Affairs and International Trade in 2003-4 / Au ministère des Affaires étrangères en 2003-4”Aliaksandra Logvin / “Parliamentary Declarations in 2003-4 / Déclarations parlementaires en 2003-4”André Bergeron / “Treaty action Taken by Canada in 2003 / Mesures par le Canada en matiere de traitès en 2003” Cases / JudisprudenceGibran van Ert / “Canadian Cases in Public International Law in 2003-4 / Judisprudence canadianne en matière de droit international public en 2003-4”Joost Blom / “Canadian Cases in Private International Law in 2003-4 / Judisprudence canadienne en matière de droit international privé en 2003-4” Book Reviews / Recensions de livresDuncan French, M-C. Cordonier Segger and A. Khalfan, Sustainable Development Law: Principles, Practices, & Prospects (Oxford, Oxford University Press, 2004)Ljiljana Biukovic, Delano Rubin Verwey, The European Community, The European Union and the International Law of Treaties (The Hague, T. M. C Asser Press, 2004)Eric Myles, I.I. Lukashuk and G.G. Shinkaretskaya, Mezhdunarodnoe pravo. Elementarnyy kurs (Moscow, Yurist, 2003)

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