Jurisprudence and general issues Books

Book SynopsisLaw and the Utopian Imagination seeks to explore and resuscitate the notion of utopianism within current legal discourse. The idea of utopia has fascinated the imaginations of important thinkers for ages. And yetwho writes seriously on the idea of utopia today? The mid-century critique appears to have carried the day, and a belief in the very possibility of utopian achievements appears to have flagged in the face of a world marked by political instability, social upheaval, and dreary market realities. Instead of mapping out the contours of a familiar terrain, this book seeks to explore the possibilities of a productive engagement between the utopian and the legal imagination. The book asks: is it possible to re-imagine or revitalize the concept of utopia such that it can survive the terms of the mid-century liberal critique? Alternatively, is it possible to re-imagine the concept of utopia and the theory of liberal legality so as to dissolve the apparent antagonism betTrade Review"This book of six essays on law and the utopian imagination is written by scholars from a wide array of disciplines, including English literature, fine arts, art history and cultural studies, political science, and legal philosophy and jurisprudence. The result is wide ranging and highly stimulating. Although the topics seem almost at odds with one other, the authors each pursue a unique tangent and tap into their particular areas of expertise to tease out exceptionally interesting logical constructions and conclusions as to the meaning and relationship of imagined utopias and legal strictures."—Andrew Fair, H-Net

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Book SynopsisTrade Review"The Expanding Spaces of Law is the first book to encapsulate the trajectory of the legal geography field and point to its future possibilities in theoretical, methodological and substantive terms. Analyzing the increasing significance of the law-space nexus, this book highlights why all sociolegal scholars should take seriously the geo-political and spatial challenges to the prevailing understandings of law."—Eve Darian-Smith, University of California, Santa Barbara"The Expanding Spaces of Law vividly illuminates the significant contributions spatial analysis offers to sociolegal studies and to legal anthropology, making clear that an adequate analysis of law and society requires a focus on space and time. The theoretically sophisticated, wide-ranging introduction and empirically rich chapters demonstrate how legal geography enhances the analysis of sociological studies in settings as diverse as Indonesian villages, rural America, and urban Mexico. It offers a valuable introduction to the field as well as a collection of recent, path-breaking work."—Sally Engle Merry, New York University

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Book SynopsisTrade Review"We have harnessed the power to annihilate life on earth. Yet we still can't seem to extinguish, quickly, painlessly, and reliability, a single human life. Gruesome Spectacles tells us why. With his bright, clear, and extra-ordinary prose, Austin Sarat raises many disturbing and profound questions—not only about botched executions—but about State authorized killings made on behalf of the American people. A gripping and provocative read." -- Richard Moran * Mount Holyoke College *"Sarat's chronicle of how executions were bungled, mishandled, or failed is crucial to the evolution of the methods, and thus to the penalty itself . . . Sarat's comprehensive and even exhaustive effort provides a reference that all involved in criminal justice, and especially capital punishment, must take into account." -- Jon M. Sands and Dale A. Baich * Jurimetrics: The Journal of Law, Science and Technology *"Austin Sarat's spellbinding book has captured the spirit of his agile mind. Gruesome Spectacles is provocatively written and sure to keep readers keenly interested in the captivating stories of many death row prisoners. This book will hook you from the first chapter and continue to fascinate you throughout its journey. A must-read." -- Charles Ogletree * author of All Deliberate Speed and The Presumption of Guilt *"Sarat is mostly sucessful in navigating these dangerous waters of describing the gruesomeness of botched executions without making them just a spectacle or systematic failure of people or equipment. His success is a result of balancing accounts from a variety of sources, situating his work in the social sciences and legal studies." -- David Fazzino * Bloomsburg University of Pennsylvania *"America has no more incisive scholar of capital punishment than Austin Sarat, who always has something fresh to say. Gruesome Spectacles offers readers new and provocative insights." -- Scott Turow * author of Ultimate Punishment: A Lawyer's Reflections on Dealing with the Death Penalty *"Absolutely eloquently written." -- Ray Paternoster * The Historian *

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Book SynopsisWhat led to the Fourth Amendment's protection of the people against unreasonable searches and seizures, codified in written law and are we in danger of losing that protection? Lawyer Samuel Dash, explores the struggle for privacy, telling tales of the people involved in influential legal battles.Table of ContentsAcknowledgments Prologue Chapter 1. The Legend of the Magna Carta Chapter 2. Wilkes and Liberty Chapter 3. A Flame of Fire Chapter 4. The Plate-Glass Duty Fraud Case Chapter 5. The Exclusionary Rule Chapter 6. The Case of the "Whispering Wires" Chapter 7. Dolly Mapp Chapter 8. Smothering the Flame Chapter 9. War on Terror: Security and Liberty Notes Index

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Book SynopsisIt is not uncommon for white suburban youths to perform rap music, for New York fashion designers to ransack the world''s closets for inspiration, or for Euro-American authors to adopt the voice of a geisha or shaman. But who really owns these art forms? Is it the community in which they were originally generated, or the culture that has absorbed them?While claims of authenticity or quality may prompt some consumers to seek cultural products at their source, the communities of origin are generally unable to exclude copyists through legal action. Like other works of unincorporated group authorship, cultural products lack protection under our system of intellectual property law. But is this legal vacuum an injustice, the lifeblood of American culture, a historical oversight, a result of administrative incapacity, or all of the above?Who Owns Culture? offers the first comprehensive analysis of cultural authorship and appropriation within American law. From

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a huge range and FREE tracked UK delivery on ALL orders.

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Book SynopsisExplores how societal beliefs about free will and moral responsibility have shaped policies and identifies the differences among the goals, ethos, and actions of the legal and health care systems. This book provides a critical analysis of topics, including legal standards for competency, insanity versus mental illness, and sex offenders.Trade Review"A provocative, challenging, and thoughtful multi-disciplinary investigation of one of the most serious social issues we face. This is a major contribution to the literature." -- Michael Perlin * New York Law School *"This book is informative and, with its reference to specific cases, more interesting than it might otherwise be. Recommended." * Choice *Table of ContentsPreface Acknowledgements 1 The Social Construction of Mental Illness as a Criminal Justice Problem 2 Systems of Social Control: From Asylums to Prisons 3 Competency to Stand Trial and Competency to Be Executed 4 The Problems with the Insanity Defense: The COnflict between Law and Psychiatry 5 The "Mad" or "Bad" Debate Concerning Sex Offenders 6 Juvenile Offenders, Developmental Competency, and Mental Illness 7 Criminalizing Mental Illness: Does It Matter? References Index

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Book SynopsisTrade Review"Clarke provides a comprehensive account of US engagement with torture and rendition during the War on Terror. Clarke delivers a multifaceted perspective on these practices, incorporating legal analysis, sociocultural discussion, and policy debate. By outlining the historical nature and international treatment of torture and rendition, the author provides context for the current use of these means and the rationales asserted by governments as to the necessity of their use to ensure national and international security. In response to these governmental claims, the book explores the potential costs—false information, monetary losses, wasted time, and moral stakes. Clarke specifically frames this debate by focusing his assessment on the war in Iraq. The book concludes with an examination of the complicity of other countries in rendition and torture, as well as the resulting backlash for these actions, which is significant because it illustrates that the US has not been alone in the employment of extraordinary means. Recommended." * Choice *"When the United States sends a terror suspect to another country that is notorious for torture, that is known as extraordinary rendition. Alan Clarke's book on this topic is a major contribution to the history of a sordid chapter in the American experience." -- Marjorie Cohn * editor of The United States and Torture: Interrogation, Incarceration, and Abuse *Table of ContentsPrefaceAcknowledgments1. Introduction2. Cultivating a Torture Culture3. From Eichmann and Carlos "the Jackal" to Reagan and Clinton4. Significant U.S. Renditions to Torture5. State Secrets Privilege Trumps Justice: Mohamed v. Jeppesen Dataplan6. The Illegality of the Iraq War and How Rendition Sparked It7. European and Canadian Complicity in Rendition and TortureNotesIndex

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Book SynopsisOffers both legal scholars and historians a much-needed framework for analysing the complex and fluid legal politics of empires.Trade Review"Historians of law and historians of empire alike will derive new insights from this impressive collection of discerning synthetic essays and rich case studies of the diversity of legal systems as European empires (including the Ottomans) claimed sovereignty over territories and peoples around the world. These scholars offer methodological and conceptual models that will push the field forward in new directions." -- Sarah Chambers,University of Minnesota"This volume collects thoughtful and provocative essays on the legal complexities of empire, a subject that has been at the forefront of legal history in recent years. Whether one is interested in close studies of individual places or more wide-ranging explorations of the nature of legal pluralism in imperial contexts, this is the state of the art." -- Stuart Banner,Norman Abrams Professor of Law, UCLA"The essays in this collection significantly advance our thinking on the subject of legal pluralism in the context of jurisdictional issues and early modern empiresFor those seeking illumination on subjects such as sovereignty, jurisdiction, indigenous people and the rules affecting them, slaves and marronage, as well as economic, religious, and political thinking related to imperial governance, this volume will repay close reading." * William and Mary Quarterly *""Legal pluralism has rapidly become one of the most fertile concepts among early modern historians. The richly documented and subtly argued essays in this collection amply exhibit its power to illuminate and complexify understandings of a variety of empires: Ottoman, British, French, and Spanish. As both a compendium of cutting-edge work and a blueprint for future research, the volume should inspire historians of other empires and other periods to add legal pluralism to their analytical armory. " -- David Armitage,Harvard University"The edited volume highlights new dimensions of legal pluralism in the British, French, Spanish, Portuguese, and Ottoman empires, covering such topics as the shifting legal privileges of corporations, the intertwining of religious and legal thought, and the effects of clashing legal authorities of sovereignty and subjecthood. The work's case studies illustrate how a variety of individuals engage with the law and shape the contours of imperial rule." * NYU Research Digest *"Legal Pluralism and Empires, 1500-1850is a collection of essays that attempts to reorient our understanding of European colonialism in the early modern era. [] The volume lives up to its promise. Focusing on settings ranging from Europe to French North American to Spanish America to the Caribbean to Australia and New Zealand, the various essays bring to life an early modern world teeming with distinct, competing, and changeable legal jurisdictions." * New West Indian Guide *"Given th[e] renewed focus on legal pluralism, scholars from many different fieldslaw, international relations, critical geography, law and society, colonial theory, cosmopolitanism, and religionshould cheer Legal Pluralism and Empires, 1500-1850, as a truly significant contribution to our work. This is a truly wonderful collection of essays, filled with absorbing stories, underappreciated moments of contestation, and a rich variety of case studies, spanning multiple periods, locations, and types of pluralism. Certainly, this is a must-read for anyone interested in legal pluralism" * Law and History Review *Table of ContentsAcknowledgments 1 Empires and Legal Pluralism Lauren Benton and Richard J. RossPart I: Composite Polities across Empires 2 "Bundles of Hyphens"Philip J. Stern 3 Litigating EmpireHelen DewarPart II: Political and Religious Imagination 4 Aspects of Legal Pluralism in the Ottoman EmpireKaren Barkey 5 Reconstructing Early Modern Notions of Legal Pluralism Richard J. Ross and Philip J. Stern 6 Between Justice and EconomicsBrian P. OwensbyPart III: Constructing Imperial Jurisdiction 7 Magistrates in Empire Lauren Benton and Lisa Ford 8 "Seeking the Water of Baptism"Linda M. Rupert 9 "A Pretty Gov[ernment]!"P. G. McHughPart IV: Concluding Perspectives 10 Laws' HistoriesPaul D. Halliday 11 Rules of Law, Politics of Empire Jane Burbank and Frederick Cooper About the Contributors Index

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Book SynopsisDisputing systems are products of the societies in which they operate. This title examines the cultural contexts of legal institutions, and presents several case studies to demonstrate that the processes used for resolving disputes have a cultural origin and impact.Trade Review"Law, Culture, and Ritual is a brave, wide-ranging book, deserving to generate discussion in a number of important directions." -Civil Justice Quarterly "Having allowed ourselves to be convinced (wrongly) that we are the most litigious people in the world, Americans have become obsessed with finding (quick) cures. Oscar Chase's book sounds a salutary warning. By presenting striking comparative examples that shatter our parochialism, he forces us to examine the cultural roots of dispute processes." -Richard Abel, Connell Professor of Law, UCLA Law School "A witty and engaging endeavor... A good contribution to our professional knowledge, and it is a must reading." -Law and Politics Book Review "After reading Law, Culture, and Ritual, no one could ever again think that our legal proceedings are nothing more than an efficient method of discovering truth and applying law. Oscar Chase effectively uses a comparative approach to help us to step back from our legal practices and see just how steeped in myths, rituals and traditions they are. Scholars will want to read this book for its contribution to comparative law, but everyone interested in American culture should read this book. Chase shows us that there is no separating law from culture: each informs and maintains the other. Law, Culture, and Ritual is a major step forward in the rapidly expanding field of the cultural study of law." -Paul Kahn, author of The Cultural Study of Law: Reconstructing Legal Scholarship "Oscar G. Chase studies the American legal system in the manner of an anthropologist. By comparing American "dispute ways" with those of other systems, including some commonly believed to be more "primitive," he finds interesting similarities that challenge the premise that we live in a society regulated by a rational and just 'rule of law.'" -New York Law JournalTable of ContentsForeword by Jerome S. BrunerPreface 1 Introduction 2 The Lesson of the Azande 3 "Modern" Dispute-Ways 4 American "Exceptionalism" in Civil Litigation 5 The Discretionary Power of the Judge in Cultural Context 6 The Rise of ADR in Cultural Context 7 The Role of Ritual 8 How Disputing In?uences Culture 9 Conclusion Afterword: The Classroom and the Terror of Relativism Notes Bibliography Index About the Author

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Book SynopsisA kaleidoscopic examination of the historian's task and of the research methods and interpretative strategies that characterize the rich, complex field of American constitutional and legal history.Trade ReviewMaking Legal History is not just a tribute to one of the most productive and creative legal historians in the United States, but a fundamental contribution to our understanding of this countrys legal history. These fine essays cover a wide chronological and topic range, and provide the reader with an understanding of just how far we have come in understanding the role of law in American society under Bill Nelsons intellectual influence. The book is a fitting tribute to a great scholar, and a boon to students of our legal past. -- Stanley N. Katz,Princeton UniversityThese essays epitomize the deep and broad impact that William Nelson has had on the writing of American legal history. In them we see his passion for archival research and his creative application of new sources and new ideas. Nelson has not so much transformed a field as shaped an entirely new one and inspired one of the most vibrant intellectual communities in academia today. -- David Thomas Konig,Washington University in St. LouisIt is, literally, impossible to overstate Bill Nelsons importance to the field of legal history, whether as a result of his prodigious scholarly output, his generous mentorship of young scholars, or his creative institution building. But his influence in all these roles is displayed in this wonderful collection of essays by many of Americas leading legal historians (all former Goliebs who cut their teeth under Bills incomparable tutelage). -- Larry Kramer,President, William & Flora Hewlett FoundationOver the past forty years, William Nelson has played a crucial role in the amazing growth of the field of legal history. His significance comes in the first place from his prodigious scholarship. But as important have been the institutions he has founded and the young scholars he has nurtured. He has been and continues to be a model of the generous and creative senior scholar. The Golieb Fellowship at NYU School of Law, an institution he has long led, has offered a home to two generations of the best young legal historians, as they made transitions into distinguished careers. In the pages of Making Legal History, one finds a wonderful offering of some of their best work. -- Hendrik Hartog,Princeton UniversityThe collection is determinedly eclectic. This is especially evident in the temporal range covered by the essays, from the colonial era through the Civil War up to the Reagan era. [] The eclecticism may also reflect an intellectual generosity: Whatever the sources a scholar uses, follow them where they lead. As the editors put it, & the essays exemplify less a & school of legal or constitutional history than a shared sense of scholarly purpose. * The Journal of American History *Table of ContentsForeword: Making Legal History Morton J. Horwitz IntroductionI. Civil Wars and Legal Rights 1. The Landscape of FaithSarah Barringer Gordon 2. "It cant be cald stealin' "Thomas C. Mackey 3. Debating the Fourteenth AmendmentDaniel W. HamiltonII. Law and Social Regulation 4. Was the Warning of Strangers Unique to Colonial New England?Cornelia H. Dayton and Sharon V. Salinger 5. Ambiguities of Free Labor RevisitedBarry Cushman 6. The Long, Broad, and Deep Civil Rights MovementTomiko Brown-Nagin 7. Counting as a Tool of Legal History John WertheimerIII. Courts, Judges, and Litigators 8. A Mania for AccumulationSusanna L. Blumenthal 9. The Political Economy of Pain John Fabian Witt 10. An Unexpected AntagonistReuel SchillerBibliography of the Scholarship of William E. Nelson, 1963-2012Acknowledgments About the Contributors Index

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Book SynopsisWith a survey and analysis of how new visual technologies are transforming both the practice and culture of American law, this book explains how, when, and why legal practice moved from a largely words - only environment to one more dependent on and driven by images, and how rapidly developing technologies have further accelerated this change.Trade ReviewIn Law on Display, authors, Neal Feigenson and Christina Spiesel offer us a unified and thoughtful way to parse digital images not just about the legal system, but about the manner in which we interpret it... Law on Display is an important book that both the legal theorist and the practicing attorney should read. -- Christine A. Corcos * International Journal of Semiotics Law *Feigenson and Spiesel combine their impressive talents in law and visual persuasion to provide us with an insightful account of how new media are transforming legal advocacy in powerful new directions. Their critical analyses of fascinating case studies illustrate how cutting-edge lawyers are employing visual and digital media. The authors alert us to the new media’s transformative capacity yet also its manipulative potential, and cogently discuss the ethical and legal quandaries that new media present for the courts. Highly recommended. -- Valerie P. Hans,co-author of American Juries: The VerdictFeigenson and Spiesel persuasively argue for a more critical and contextualizing approach to the growing flood of digital imagery in the courtroom. Given the enormous power of imagery to sway opinions and the innovative ways in which visuals can now be presented, judges, jurors, and especially lawyers are obligated to know how to interrogate these new forms of evidence and explication. Law on Display serves as a timely and comprehensive introduction to digital visual literacy in the legal system. -- Fred Ritchin,author of After PhotographyThis is a widely informed, wisely reasoned, accessible analysis of how, for good or for evil, digital visual technology is transforming the conduct of trials and the very meaning of truth in the courtroom. It is essential reading alike for litigators and for everyone concerned with the legal fall-out of our cultures accelerating shift from verbal to multimedia communication and comprehension. -- Anthony G. Amsterdam,New York University School of LawThis book should be on the bookshelf of every practicing lawyer. [] In summary, the authors have highlighted a significant lacunae in the education of lawyers and judges failure to resolve the lack of understanding of the images and types of images introduced into legal proceedings could have seriously adverse effects on the legal system. * Digital Evidence and Electronic Signature Law Review *Table of ContentsList of Figures Preface 1 The Digital Visual Revolution 2 The Rhetoric of the Real: Videotape as Evidence 3 Teaching the Case 4 Picturing Scientific Evidence 5 Multimedia Arguments 6 Into the Screen: Toward Virtual Judgment 7 Ethics and Justice in the Digital Visual Age Notes Index About the Authors

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Book SynopsisAsks bold and direct questions about parenthood in contemporary societyTrade ReviewWhat is Parenthood? is an invaluable resource for anyone who wishes to think critically about modern parenthood and what the government can and should do to improve families. In bringing together eminent figures from different disciplines and from different political or cultural views about the family, it maintains an important dialogue about the best way forward. -- Brian Bix,Frederick W. Thomas Professor, University of MinnesotaI highly recommend this thought provoking and compelling book. It examines parenthood at a time when the concept of the family is radically changing, most notably stemming from the rise of single-parent households and divorced and blended families. And it proposes a number of intelligent and important solutions. After all, the long-term health of our representative democracy is dependent on our ability, as parents, to prepare our children for the future. -- Leah Ward Sears,former Chief Justice, Georgia Supreme CourtThis book is a much needed model for how to bring civility and reason into the culture wars. It is a frank but non-polemical exploration of the science, ethics, and politics that affect our views about when and how we should regulate parenthoodone that opens up rather than shuts down the conversation. -- Katharine Bartlett,A. Kenneth Pye Professor of Law, Duke Law SchoolThis book is a valuable contribution to a critically important, current societal debate on childrens rights with respect to who their parents are and the family structure in which they are reared. It should be read by all involved in that debate, and especially those who will decide on the law and social and public policy that will determine the future of the family and the family of the future. -- Margaret Somerville * International Journal of Jurisprudence of the Family *Well-balanced consideration of two different views of parenthood as a social institution. * Choice *Table of ContentsAcknowledgments Introduction Part I 1. Toward an Integrative Account of Parenthood 2. A Diversity Approach to Parenthood in Family Life and Family LawPart II 3. Uncoupling Marriage and Parenting 4. The Anthropological Case for the Integrative ModelPart III 5. Legal Parenthood, Natural and Legal Rights, and the Best Interests of the Child: An Integrative View 6. Family Diversity and the Rights of Parenthood Part IV 7. A Case for Integrated Parenthood 8. Developmental Outcomes for Children Raised by Lesbian and Gay Parents Part V 9. Biological and Psychological Dimensions of Integrative Attachments 10. Parenting Matters: An Attachment PerspectivePart VI 11. Gender and Parentage 12. Can Parenting Be Equal? Rethinking Equality and Gender Differences in ParentingPart VII 13. Transnationalism of the Heart: Familyhood across Borders 14. Transnational Mothering and Models of ParenthoodPart VIII 15. Of Human Bonding 16. The Other Side of the Demographic Revolution Epilogue About the Contributors Index

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Book Synopsis"...An excellent and balanced review of the justice's first years on the Court." (National Review) The paperback edition includes a provocative new Afterword by the author bringing the book up to date by assessing Justice Thomas's performance, and the reaction to his decisions, during the last five years.Trade ReviewGerber's book is a breath of fresh air, because it treats Justice Thomas and his work with respect and intellectual curiosity. * Ideas on Liberty *...the most comprehensive and incisive account of Thomas' political philosophy to date. * First Things *...An excellent and balanced review of the justice's first years on the Court. * National Review *The virtue of Scott Gerber's new study ... is that it puts in better perspective Thomas's whole career. * The Weekly Standard *Gerber is scrupulously honest in dissecting Thomas' opinions, their legal background, and their place in the Court's jurisprudence, and he demonstrates his own excellent capabilities as an objective, fair, thoughtful, and thorough scholar. * The Federal Lawyer *Elevates the debate and thereby does a great service to Justice Thomas, the Court, and the country * Green Bag *Table of ContentsI Politics 1 Judging Thomas 2 The "Natural Law Thing" II Law 3 Civil Rights 4 Civil Liberties 5 Federalism III Law and Politics 6 Conclusion

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Book SynopsisSince its founding, the US has struggled with issues of federalism and states' rights. This book explores the complicated and complicating role of the states in immigration policy and enforcement, including voices from both sides of the debate.Trade ReviewA new collection of essaysStrange Neighborsshines a much needed light on state immigration activities and reveals that the federal governments impressive power over migrants lives is only one part of the story. * Crimmigration.com *In Arizona v. United States (2012), the Supreme Court delivered a landmark ruling that invalidated core provisions of Arizonas S.B. 1070, the controversial state immigration enforcement law that was a model for many states and localities seeking to buttress, and arguably expand on, federal immigration enforcement efforts. Strange Neighbors is one of the first book-length inquiries into the efforts by state and local governments to regulate immigration. With an insightful introduction by Jack Chin and Carissa Byrne Hessick, the book explains the emergence of state and local immigration enforcement laws, the historical antecedents to those laws, provide vigorous defenses of state and local immigration regulation by two of their most prominent advocates, and offer critical evaluations of the state and local efforts to regulate immigration. The authors of the chapters are leaders in the field and authors of some of the most exciting immigration law scholarship being published today. It goes without saying that Strange Neighbors is a 'must read' for anyone interested in immigration enforcement in the twenty-first century. -- Kevin R. Johnson,Dean, UC Davis School of LawThe essays in Strange Neighbors provide new and timely insights into decades of debates about how laws, generated by state, local, and federal governments, create or mitigate the impact of national borders on millions of peoplein and outside of the United States. -- Judith Resnik,Arthur Liman Professor of Law, Yale Law SchoolThis book provides context, perspective, and the reasoning behind both sides positions. That makes it a valuable resource for anyone seriously interested in gaining a fuller and more nuanced understanding of the debate over federal and states rights in the immigration realm. * The Federal Lawyer *Table of ContentsAcknowledgments IntroductionGabriel J. Chin and Carissa Byrne HessickI. The Recent Spate of State and Local Immigration Regulation 1. Measuring the Climate for Immigrants: A State-by-State AnalysisHuyen Pham and Pham Hoang Van 2. How Arizona Became Ground Zero in the War on 40 ImmigrantsDouglas S. MasseyII. Historical Antecedents to the Modern State and Local Efforts to Regulate Immigration 3. "A War to Keep Alien Labor out of Colorado": The "Mexican Menace" and the Historical Origins of Local and State Anti-Immigration InitiativesTom I. Romero IIIII. A Defense of State and Local Efforts 4. Reinforcing the Rule of Law: What States Can and Should Do to Reduce Illegal ImmigrationKris W. Kobach 5. The States Enter the Illegal Immigration Fray John C. EastmanIV. A Critical Evaluation of the New State Regulation 6. Broken Mirror: The Unconstitutional Foundations of New State Immigration EnforcementGabriel J. Chin and Marc L. Miller 7. The Role of States in the National Conversation on ImmigrationRick Su 8. Post-Racial Proxy Battles over Immigration Mary FanAbout the ContributorsIndex

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Book SynopsisAn examination of how some legal issues are losing cases - but that's okay because advances are still possible.Trade ReviewJules Lobel looks back on a history of litigating an impressive number of lost cases on behalf of important political causes. In this brilliant book, against a moving background of spiritual heritage, family life, and such quintessentially American cultural references as baseball and Vietnam, Lobel ponders these losses. What might have been a dry documentary of cases is, instead, a living, gripping, revelation of real people, their motivations and passions. Books such as Success without Victory tell us the stories of the legally unsuccessful anti-slavery litigation, early women's suffrage cases, workers rights struggles, and challenges to illegal U.S. intervention in Vietnam, Cuba, Central America, and Kosovo, giving us the background we need to understand that, if we can build solid community, we need not despair even when faced with today's horrendous odds. -- Margaret Randall,author of When I Look into the Mirror and See You: Women, Terror, and ResistanceOur culture in this countryincluding the subculture of radical lawyeringis too much influenced by a fast-food approach to social change. Jules Lobel carefully explains that the abolition of slavery, women's suffrage, and other monumental achievements of social protest movements in the United States came about because protesters, including lawyers, were long-distance runners. Law students and young lawyers in particular are likely to keep this book under their pillows. -- Staughton Lynd,author of Living Inside Our Hope: A Steadfast Radical's Thoughts on Rebuilding the MovementThis eloquent and moving memoir raises profound questions about law, justice, tradition and community, the path to constructive social change, and not least, how to live a decent life. It is an inspiring story, with many valuable lessons to ponder. -- Noam ChomskyA vivid illustration. The book makes a valuable contribution to our evolving understanding of the work of cause lawyering and the significance of test case litigation. It stands as a beacon of hope in an era dominated by pessimism about the capacity of law and lawyers to contribute to progressive social change. * American Historical Review *Success Without Victory is thoughtful and provocative, and I highly recommend it. It is highly readable, includes fascinating stories centered on powerful personalities and the sustained reflection on unilateral presidential war-making powers is timely. * Law and Politics Book Review *Table of ContentsAcknowledgments 1 Introduction: Losers, Fools, and Prophets 2 Can Law Stop War? The Constitution and Iraq 3 A Tradition of Resistance: Antislavery Litigators and the Fight for Freedom 4 "A Fine Agitation": Women's Suffrage Goes to Court 5 Plessy v. Ferguson: The Fool's Last Battle 6 Plant-Closing Litigation: "Youngstown Sure Died Hard" 7 Politics versus Law: Were Travelers to Cuba Trading with the Enemy? 8 Challenging United States Intervention in Central America9 End of an Era: Fighting U.S. Action in Kosovo 10 Conclusion Notes Index Series List About the Author

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Book SynopsisAsks bold and direct questions about parenthood in contemporary societyTrade ReviewWhat is Parenthood? is an invaluable resource for anyone who wishes to think critically about modern parenthood and what the government can and should do to improve families. In bringing together eminent figures from different disciplines and from different political or cultural views about the family, it maintains an important dialogue about the best way forward. -- Brian Bix,Frederick W. Thomas Professor, University of MinnesotaI highly recommend this thought provoking and compelling book. It examines parenthood at a time when the concept of the family is radically changing, most notably stemming from the rise of single-parent households and divorced and blended families. And it proposes a number of intelligent and important solutions. After all, the long-term health of our representative democracy is dependent on our ability, as parents, to prepare our children for the future. -- Leah Ward Sears,former Chief Justice, Georgia Supreme CourtThis book is a much needed model for how to bring civility and reason into the culture wars. It is a frank but non-polemical exploration of the science, ethics, and politics that affect our views about when and how we should regulate parenthoodone that opens up rather than shuts down the conversation. -- Katharine Bartlett,A. Kenneth Pye Professor of Law, Duke Law SchoolThis book is a valuable contribution to a critically important, current societal debate on childrens rights with respect to who their parents are and the family structure in which they are reared. It should be read by all involved in that debate, and especially those who will decide on the law and social and public policy that will determine the future of the family and the family of the future. -- Margaret Somerville * International Journal of Jurisprudence of the Family *Well-balanced consideration of two different views of parenthood as a social institution. * Choice *Table of ContentsAcknowledgments Introduction Part I 1. Toward an Integrative Account of Parenthood 2. A Diversity Approach to Parenthood in Family Life and Family LawPart II 3. Uncoupling Marriage and Parenting 4. The Anthropological Case for the Integrative ModelPart III 5. Legal Parenthood, Natural and Legal Rights, and the Best Interests of the Child: An Integrative View 6. Family Diversity and the Rights of Parenthood Part IV 7. A Case for Integrated Parenthood 8. Developmental Outcomes for Children Raised by Lesbian and Gay Parents Part V 9. Biological and Psychological Dimensions of Integrative Attachments 10. Parenting Matters: An Attachment PerspectivePart VI 11. Gender and Parentage 12. Can Parenting Be Equal? Rethinking Equality and Gender Differences in ParentingPart VII 13. Transnationalism of the Heart: Familyhood across Borders 14. Transnational Mothering and Models of ParenthoodPart VIII 15. Of Human Bonding 16. The Other Side of the Demographic Revolution Epilogue About the Contributors Index

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Book SynopsisExpatriation, or the stripping away citizenship and all rights that come with it, is usually associated with despotic and totalitarian regimes. The imagery of mass expulsion of once integral members of the community is associated with civil wars, ethnic cleansing, the Holocaust, or other oppressive historical events. This book deals with topic.Trade ReviewAn original fascinating and insightful interpretation of a neglected dimension of American political culture: the power to revoke citizenship. Herzogs book is an important exploration of the deeper meaning of political and national culture as it affects and is affected by legal arrangements. -- Pnina Lahav,Boston UniversityIn this pioneering study, Ben Herzog shows that in order to understand the continually-contested status of citizenship, we must understand how citizenship is lost. Challenging the popular notion that only totalitarian regimes take away citizenship, his book throws much needed light on the long history of revocation in the United States, the postwar judicial revolution that minimized the practice, and new challenges in the twenty-first century to that revolutions achievements. By deftly placing contemporary controversies about terrorism and the right to have rights into this broader historical and social context, Revoking Citizenship provides a timely yet sure to be lasting contribution to scholarship. For anyone concerned with the problems of citizenship, it is essential reading. -- Chad Alan Goldberg,University of Wisconsin-MadisonScholarship on citizenship has awakened to the potential power that lies in laws of expatriation. Ben Herzogs political, philosophical, and jurisprudential history of expatriation practices reaches back further in U.S. history than other such studies and sheds much needed light on the contemporary relevance of this important facet of U.S. citizenship. -- Elizabeth F. Cohen,Syracuse UniversityThatRevoking Citizenshipnot only provokesquestions but also simultaneously provides the groundwork necessary for further inquiry into these issues illustrates why the book is likely to become a staple in the canon of historical and legal scholarship on citizenship. * The Journal of American History *For Herzog, expatriation policy and practices are windows to American understanding of citizenship. * Choice *Table of ContentsContents List of Tables and Figures ix Foreword xi Acknowledgments xv Introduction 1 1 Revoking Citizenship 9 2 National Beginnings-American versus British Citizenship 27 3 Legislative Initiatives 37 4 International Relations 56 5 Consular Dilemmas 70 6 Supreme Court Rulings 78 7 The Board of Appellate Review 90 8 The War on Terror 110 9 Dual Citizenship and the Revocation of Citizenship 122 Conclusion 137 Notes 141 Bibliography 161 Index 177 About the Author 187

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Book SynopsisA multilayered exploration of the legal, economic, and cultural forces that contribute to the squeeze on the middle classTrade Review"A rare and compelling account of how local governance practices produce racial inequality at every level of American lifeand of what we can do about it. Ambitious but pragmatic, the Price of Paradise offers fresh and concrete ideas for solving the most entrenched social problem in American history." -- Devon Carbado,co-author of Acting White? Rethinking Race in "Post-Racial" America"David Troutt's The Price of Paradise is a careful analysis and also a personal, passionate critique of the widely held assumptions that have helped generate metropolitan inequity in the United States. The critique and analysis are written in an engaging and readable style, and they are powerful and persuasive. This is a book everyone should read, because the lives of all Americans are structured by the inequities Troutt describes and seeks to overcome." -- Gerald Frug,author of City Bound: How States Stifle Urban Innovation"Through clear and evocative prose, The Price of Paradise makes the movement for regional equity accessible to the broader public and all those hurt by the disadvantages of regional inequality.It is a clear call for a better and more unified America." -- Myron Orfield,author of American Metropolitics: The New Suburban Reality"Troutt definitively demonstrates why no community is an island, and why caring about those people in the neighborhoods on the other side of the tracks can be the best move you could make to secure your own economic future. Troutt's chapter on remaking communities through metropolitan equity should be required reading for policymakers, activists and urban economists alike." -- Daria Roithmayr,author of Reproducing Racism: How Everyday Choices Lock in White Advantage"Overall, this book is an exceptional example of how to have a poignant discussion of how race still matters in what many have called a post-racial society. As such, this book should be read by professionals and students studying urban studies and planning, demography, history, and American race relations. Scholars whose interests are at the intersection of policy, race, and poverty will also be well served by readying the issues presented in this book." * Social Forces *"A forcefully presented eye-opener sure to provoke controversy as well as interest." * Kirkus *Table of ContentsIntroduction 1 Mutuality: The Thief, the Preacher, and the Late-Night Lawyer 2 All This I Made Myself: Assuming That Middle-Class Lives Are Self-Sufficient 3 Keep Your Distance: Assuming That Middle-Class Status Requires Distance from the Poor 4 The Promise Half Empty: Assuming That Segregation Is a Thing of the Past 5 We Renamed the Problem and It Disappeared: Assuming That Racism No Longer Limits Minority Chances 6 Islands without Paradise: Assuming That Poverty Results from Weak Values and Poor Decisions 7 Raceless Wonders: Assuming That Racial Labels No Longer Matter 8 The Costs of Inequality and a Vision for a More Equitable America AcknowledgmentsNotes Selected Bibliography Index About the Author

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Book SynopsisExplores the structure of life without parole sentences and the impact they have on prisonersTrade ReviewThe authors arguments are valid and strong. * Criminal Law and Criminal Justice Book Review *Life without Paroleshould play a critical role in the discussion of crime and punishment in the United States. It should stimulate debate over the severity of life without parole sentencing, demanding that we not regard it as an automatic alternative to the death penalty, and that we scrutinize each sentence for consistency with American ideals of fairness and compassion. * Journal of African American History *An essential title for students of criminal justice. * Library Journal *An essential title for students of criminal justice. -- Frances Sandiford * Library Journal *Life Without Parole raises fundamental concerns both about the justice and the wisdom of this uniquely American phenomenon. It also poses uncomfortable questions for the reform community about the complex intersection between the death penalty and life without parole. If we hope to produce a justice system premised on human rights, we will have to find ways to respond to these challenges. Life Without Parole does a masterful job of pointing us in the right direction to begin that process. -- Marc Mauer,Executive Director, The Sentencing ProjectA timely and engaging wake-up call, Life Without Parole is the first sustained attempt to understand the meaning of the newest weapon in the American punitive armory. This provocative collection, clear-sighted in its prophetic potential, questions whether LWOP is a humane alternative to the death penalty or a fate worse than death. A must-read for all who want to understand the dark underside of twenty-first century democracy in a country where ever more citizens are condemned to a vast penal complex that redefines death as it expands criminality. -- Colin Dayan,author of The Law is a White DogOne frightening by-product of the American struggle over capital punishment is the proliferation of Life Without Parole as its bastard offspring. LWOP is embraced without scrutiny by abolitionists who assume that anything is better than execution. It is enshrined as a prosecutorial consolation prize when cases meet the technical standards for 'capital' murder but defendants lack blameworthiness. The unqualified condemnation of LWOP comes from a crazy displacement of distrust that puts extra suffering on offenders because citizens dont trust those who govern. Fighting capital punishment must be a central concern in the United States. But threats to human rights rarely develop one at a time, so injustice must be fought on multiple fields of engagement. Ogletree, Sarat, and their distinguished contributors perform an important public service by taking a sustained look at yet another dangerous punitive excess. -- Franklin Zimring,William G. Simon Professor of Law, University of California, BerkeleyTable of ContentsAcknowledgments Introduction: Lives on the Line: From Capital Punishment to Life without Parole Charles J. Ogletree, Jr., and Austin Sarat Part I: Life without Parole in Context 1 Mandatory Life and the Death of Equitable Discretion Josh Bowers 2 Death-in-Prison Sentences: Overutilized and Underscrutinized Jessica S. Henry 3 Creating the Permanent Prisoner Sharon Dolovich 4 Life without Parole under Modern Theories of Punishment Paul H. Robinson Part I I : Prospects for Reform 5 Defending Life I. Bennett Capers 6 Life without Parole and the Hope for Real Sentencing Reform Rachel E. Barkow 7 No Way Out? Life Sentences and the Politics of Penal Reform Marie Gottschalk 8 Dignity and Risk: The Long Road from Graham v. Florida to Abolition of Life without Parole Jonathan Simon About the Contributors Index

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Book SynopsisExplains what the entrenchment of neocons on the Supreme Court means for present and future politics and lawTrade Review"A remarkably concise and accessible overview first of the rise of neoconservatism, and then of its impact on the Supreme Court. Consistently illuminating and challenging." -- Sanford Levinson,author of Framed: America’s 51 Constitutions and the Crisis of Governance"A helpful explanation of the Supreme Court's latest lurch to the right. By showing how many of the Court's latest decisions can be seen as expressions of the neoconservative impulse, Feldman exposes how deeply politics, personalities, and convictions shape judicial behavior." -- Richard Delgado,University Professor of Law, Seattle University"In forthright prose laying out a provocative and subtle argument, Feldman places todays Supreme Court in a broad intellectual and historical context, showing how the Courts conservatives cut and paste themes of neo-conservative nostalgia for an irretrievable past of republican democracy into more traditionalist conservative responses to the pluralist democracy we have and are likely to continue to have." -- Mark Tushnet,author of A Court Divided: The Rehnquist Court and the Future of Constitutional Law"In this concise and clearly written book, Stephen M. Feldman argues that the conservative ascendance in the United States since the presidency of Ronald Reagan can be understood as an effort to reestablish the legal and political order that existed prior to the New Deal. He labels this pre-New Deal order 'republican democracy,' distinct from the 'pluralist democracy' that characterizes our politics since 1937. The heart of the book is the analysis of the Supreme Court and how its conservative majority has pushed this agenda....[T]his is a provocative and compelling argument." -- Robert B. Horwitz * Political Science Quarterly *"This is a well-written, interesting, and useful book. Summing Up: Highly recommended." * CHOICE *Table of Contents(FYI: Pared-down TOC below. Actual is more detailed/has tons of subsections, etc.!) 1. Reagan, Cross-Pollination, and Neoconservatism: An Introduction2. From Republican to Pluralist Democracy 3. Pluralist Democracy: Dissent and Evolution 4. On Neoconservatism 5. The Supreme Court and Neoconservatism 6. The Supreme Court in the Future

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Book SynopsisLaw and society scholars challenge the common belief that law is simply a neutral tool by which society sets standards and resolves disputes. This book provides readers an accessible overview to the breadth of recent developments in this research tradition, bringing to life the developments in this dynamic field.Trade Review"The Law & Society Reader II is a cornucopia of knowledge and insight on the biggest questions in the sociolegal tradition. Co-editors Larson and Schmidt have done a fabulous job selecting, organizing, editing, and introducing many of best articles over the last two decades into an invaluable resource for researchers and teachers. Every serious sociolegal scholar needs to have this volume." -- Michael McCann,Gordon Hirabayashi Professor for the Advancement of Citizenship, University of Washington"The Law & Society Reader II offers academics, students, and the general public a diverse, comprehensive window on some of the most innovative interdisciplinary scholarship on law produced in recent decades. It highlights how the field has become globalized and increasingly aware of the ways in which consciousness infuses legality. The Reader provides an accessible introduction to those new to the field and an indispensable overview for others already familiar with particular facets." -- Richard Abel,editor of The Law & Society Reader, 1995"In this volume Larson and Schmidt have creatively captured the spirit and diversity of law and society research published over the last 20+ years." -- Herbert M. Kritzer,editor, Law & Society Review, 2003-07"Offering a stunning collection of disciplinarily diverse, cutting-edge research . . . this collection describes the way law works as a system of ideas, as a source of social identity, and as a force of social organization, inequality, as well as equality and social change. . . . The anthology will be very useful for students seeking access to this flourishing field of scholarship at both the graduate and undergraduate level, and others who simply want an overview of how law works." -- Susan S. Silbey,Leon and Anne Goldberg Professor of Humanities, Sociology and Anthropology, MIT"An important antidote to the still dominant approach in law schools that teaches legal doctrine via isolated appellate opinions. This book puts law, lawyers, and legal institutions in their social and cultural context. Larson and Schmidt provide an engaging follow-up volume to Rick Abels groundbreaking 1995 reader, effectively excerpting recent articles from the leading socio-legal studies journal, the Law & Society Review." -- Laura E. Gomez,University of California, Los AngelesTable of ContentsAcknowledgments xi Introduction 1 Erik Larson and Patrick Schmidt Part I: Inequalities Does Law Benefit Those with the Most Resources? 7 1. Do the "Haves" Still Come Out Ahead? 13 Joel B. Grossman, Herbert M. Kritzer, and Stewart Macaulay 2. The Rule of Law and the Litigation Process: The Paradox of Losing by Winning 16 Catherine Albiston 3. The Good Case: Decisions to Litigate at the World Trade Organization 24 Joseph A. Conti How Do Authority and Power Influence the Implementation of Law? 4. Convictability and Discordant Locales: Reproducing Race, Class, and Gender Ideology in Prosecutorial Decisionmaking 35 Lisa Frohmann 5. The Reconstitution of Law in Local Settings: Agency Discretion, Ambiguity, and a Surplus of Law in the Policing of Hate Crime 42 Ryken Grattet and Valerie Jenness Can Rights-Based Litigation Address Inequalities? 6. Popular Constitutionalism's Hard When You're Not Very Popular: Why the ACLU Turned to Courts 55 Emily Zackin 7. Beyond Backlash: Assessing the Impact of Judicial Decisions on LGBT Rights 62 Thomas M. Keck For Full Description Visit: http://nyupress.org/webchapters/larson_toc.pdf

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Book SynopsisTakes on critics of Latina/o immigration, using government statistics, economic data, historical records, and social science research to provide a counter-narrativeTrade ReviewThis data-driven and massively documented study replaces rhetoric with analysis, myth with fact, and apocalyptic predictions with sane and realizable proposals. -- Stanley Fish,Davidson-Kahn Distinguished University Professor, Florida International UniversityThis outstanding book illuminates the historical, economic, political and even psychological aspects of one of the major civil rights issues of our time. Balanced, thoroughly researched and clear-eyed, this volume is sure to angerand should be readby partisans on both sides of the immigration debate. In a controversy dominated by selective presentation of evidence and oversimplification, Román brings sorely needed expertise and fair-minded analysis. -- Gabriel Chin,University of California Davis School of LawTable of ContentsForeword Michael A. Olivas Acknowledgments 1. Introduction 2. Anti-Immigrant Rhetoric 3. Empirical Data on Immigration 4. Immigration's Effects on State and Local Economies 5. The Conflicted United States-Mexico Relationship: Invitation and Exclusion 6. Sociological and Psychological Insights on Anti-Immigrant Bias 7. A Pragmatic Proposal for Immigration Reform Notes Index About the Author

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Book SynopsisCombines the drama, intrigue, and emotion of excellent storytelling with cutting-edge forensic investigation techniques and legal theoryTrade Review"The 'whodunit' lives in law professor Marianne Wesson's A Death at Crooked Creek. Her book tells the story of one of the most intriguing mysteries in American legal history: who was shot and killed at Crooked Creek, Kan., on a late winter's day in 1879? For evidence teachers, and possibly even law students slogging their way through hearsay and its exceptions, Mutual Life Ins. v. Hillmon, 145 U.S. 285 (1892), is a classic 19th-century mystery story....A Death at Crooked Creekis a productive melange of fact and fiction, of then and now, of mystery and science, and an enjoyable meditation on law and persons." -- Michael Ariens * The Federal Lawyer *"The story of the Hillmon trials has all the hallmarks of a compelling mystery, including hidden pieces of evidence and witnesses changing their testimony....A Death at Crooked Creekis a riveting and well-researched account of the intersection of modern forensics and a cold case from the Old West, one that led to a rule of evidence still in use today. A helpful timeline of events and a list of important characters are provided, and the index is thorough and useful. This intriguing true-crime story that made it to the Supreme Court is highly recommended for law, general academic, and public libraries." -- Stephanie Ziegler * Law Library Journal *"This engaging and vividly imagined work combines the drama, intrigue, and emotion of excellent storytelling with cutting-edge forensic investigation techniques and legal theory." * Kansas State Library *"This is an extraordinary and ground-breaking book, a wonderfully creative mix of fact and theory, imagination and drama. Anyone with an interest in law, history, or, for that matter, great storytelling will fall in love with A Death at Crooked Creek. The startling origin of the complex 'intention exception' to the hearsay evidence rule becomes canvas on which a grand and marvelously detailed tale is told. This is modern narrative at its best: a marriage of spectacular writing and hard, documented truth presented by a brilliant author who doubles as a gifted and fastidious legal scholar and historian." -- Andrew Popper,American University"Marianne Wesson brings empathy, imagination, and dedication to detail to this creative reinvestigation of a landmark Supreme Court decision. Meticulously researched, A Death at Crooked Creek reads like the best kind of historical novel and reminds us that behind every famous court case were the lives of real people and families." -- Alafair Burke,author of Long Gone"Known for her legal thrillers, University of Colorado law professor Wesson (Chilling Effect) employs her expertise to great effect in this exhaustive study of famous crime that left its mark on the American legal system...Wesson's efforts result in a true crime drama that's well researched, easy to read, and oddly compelling." * Publishers Weekly *"[A] riveting historical investigation of murder, insurance fraud, and a Supreme Court ruling." * Library Journal *Table of ContentscontentsContentsImportant Characters in the Story of the Hillmon CasexiTimeline of Events Important to the Hillmon LitigationxivProloguexvii1A Winter Journey Leads to an Inquest: 1879 12The Parties Ready Their Cases for Trial: 1879-1882 473The Hillmon Case Is Tried before a Jury: 1882 829780814784563_wesson_text.indd 9 3/5/13 3:41 PMontents? x ?4The Case Is Tried Twice More, and a Surprising Objection Is Made: 1884-1888 1375The Supreme Court Hears a Case of "Graveyard Insurance": 1892 1686John Hillmon Is Reported to Be Alive as the Arduous Fourth Trial Proceeds: 1893-1895 1867The Fifth Trial Progresses Briskly but Ends Inconclusively, and New York Life Capitulates: 1896-1899 2278The Hillmon Case Is Tried for the Last Time: 1899 2599The Century Turns, and the Hillmon Case Is Concluded: 1900-1903 305Acknowledgments333Notes337Index361About the Author380

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Book SynopsisPresents diverse perspectives on dilemmas posed by potential conflicts between loyalties to specific institutions or professional roles and more universalistic conceptions of moral dutyTable of ContentsPreface Sanford LevinsonContributors PART I. CONCEPTIONS OF LOYALTY 1. Loyalty and Morality Bernard Gert 2. Loyalty from a Confucian Perspective Kathleen M. Higgins 3. In Place of Loyalty: Friendship and Adversary Politics in Classical GreecePaul WoodruffPART II. LOYALTY AND THE LAW 4. Lawyerly Fidelity Daniel Markovits 5. Lawyerly Fidelity: An Ethical and Empirical Critique Lynn MatherPART III. MILITARY LOYALTY 6. A Fractured Fidelity to Cause Nancy Sherman 7. The Psychology of Just and Unjust Wars: Response to ShermanRyan K. Balotviii 8. For Constitution and Profession: Paradoxes of Military Service in a Liberal DemocracyPaul O. CarresePART IV. PARTISAN LOYALTY 9. The Case for Party Loyalty Russell Muirhead 10. Democracy and the Problem of the Partisan State Yasmin DawoodIndex

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Book SynopsisIlluminates the challenges of making strong empirical claims about the impact of transitional institutionsTable of ContentsPreface Contributors Introduction 1. Theorizing Transitional Justice 2. Justice, Truth, Peace 3. Forms of Transitional Justice 4. Countering the Wrongs of the Past: The Role of Compensation 5. Reparations as Rough Justice 6. Reparations as a Noble Lie 7. Leviathan as a Theory of Transitional Justice 8. Transitional Prudence: A Comment on David Dyzenhaus, "Leviathan as a Theory of Transitional Justice" 9. What Is Non-Ideal Theory? 10. When More May Be Less: Transitional Justice in East Timor 11. Reconciliation, Refugee Returns, and the Impact of International Criminal Justice: The Case of Bosnia and Herzegovina Monika Nalepa Index

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Book SynopsisDemonstrates the importance of understanding what closure really is before naively asserting it can or has been reached.Trade ReviewThis is an important book . . . . Madeira's thoughts on closure and the workings of memory are provocative, interesting, and deserve attention. * Choice *Madeira proves a sensitive, nuanced, and empathetic witness to the painful journeys of the [Oklahoma City] survivors' and victims' families. * Contemporary Psychology *Killing McVeighconfronts us with a kind of reality that few of us ever experience. What Madeira achieves is the appreciation of a reality that is at once known and unknown. She accomplishes this through the painstaking detailing of survivors' narratives, making it more difficult for us to hold this knowledge at a distance so we remain safe, untouched by tragedy. Her work reminds us that we are never completely beyond the reach of terror and once traumatized, the wounds are there and unremitting. Yet, she does not leave us without hope. Madeira's detailed, first [hand] narratives of grief and adaptation provide a very personal view . . . of resoluteness, situated in one of the most disturbing chapters of our collective history. -- Ronald C. NasoClearly written and persuasive, this is an important contribution to the literature of closure. -- Harry Charles * Library Journal *Everyone seems to have an opinion about whether the execution of murderers can offer 'closure' to the victims loved ones. Finally, we have a study that has investigated the largest, most media-saturated mass murder and execution in recent timesthe Oklahoma City bombing and the execution of Timothy McVeigh. Madeiras in-depth, fair-minded, and sensitive account opens a window for us into the struggles of those affected and explores the complicated role that our public institutions of criminal justice play in the complex and difficult work of reconstructing life after atrocity. -- Carol Steiker,Henry J. Friendly Professor of Law, Harvard Law SchoolIntense yet compassionate, Killing McVeigh is a window into the horror, trauma and outrage experienced by the survivors and family members of the 168 victims murdered in the Oklahoma City bombing.This important volume thoughtfully chronicles the challenges encountered in the victims' quest for healing, testifies to the importance of attending to anger and grieving, and affirms the continuation of life in the aftermath of murder and loss. Madeira provides us with a blueprint for reengaging with closure and healing, penetrating glib rhetoric to chronicle both the blessings of friendship and community and the wrenching experiences of incessant media crisis coverage and capital proceedings, while identifying new challenges that confront us in this age of terrorism. -- Sister Helen Prejean,author of Dead Man Walking"Sixteen years after the horror of the Oklahoma City bombing, it may now be possible to examine that dark day with some objectivity. In Killing McVeigh, Professor Madeira offers a faithful account of what followed through the words of victims and survivors. Her analysis shows how the death penalty forced so much energy and focus to be put on McVeigh, and how difficult it is to make sense of such a tragedy. -- Richard C. Dieter,Executive Director, Death Penalty Information CenterMadeira's book does a great service to the nation because it helps explain, using a tragedy and a trial we all remember, how differently victims of crime react to the legal process that takes hold in a high-profile case. * The Atlantic *Important, comprehensive, and insightful analysis. * Rutgers *Table of ContentsAcknowledgments The Oklahoma City Bombing: A Time Line Preface Part I: Blood Relations 1 "A Rude Awakening": The Origins of the Victim-Offender Relationship 2 "He Broke into My Life": Experiencing the Victim-Offender Relationship 3 Opening Up "Closure": Redefining a Controversial Term Part II: Traumas and Trials 4 "We Come Here to Remember": Joining Advocacy Groups 5 "God Bless the Media": Negotiating News Coverage 6 "Making Sure Justice Was Served": Pursuing Accountability Part III: The Road to Execution 7 Emotion on Trial: Prosecuting Timothy McVeigh 8 Reaching Law's Limits: Trying Terry Nichols and Welcoming the McVeigh Jury to Oklahoma City 9 The Storm before the Calm: Awaiting McVeigh's Execution 10 The Weight of an Impossible World: McVeigh Confronts His Public Image vi | Contents 11 Done to Death: The Execution and the End of the Victim-Offender Relationship Conclusion: McVeigh Memorialized Appendix: Methodology Notes Index About the Author

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Book SynopsisPart personal memoir, part primer, and part treatise, this work is an account of how feminist jurisprudence can solve traditional legal conflicts, and why it matters to anyone committed to building an equitable and progressive society. It draws on legal disputes to show how feminist theory works in the courtroom and other real-life arenas.Trade Review…[E]xcellently crafted, eminently readable, and both courageous and fortuitous in its timing. . . . a riveting combination of analytical elegance, comic timing, and informed passion for the legal status of gender issues. * Law and Politics Book Review *Legal Feminism challenges readers to think of feminism as a pragmatic strategy, and as a transformative approach to epistemology, politics, and ethics. Scales is audacious yet subtle, erudite but refreshingly accessible. She never fails to remind us that great questions, and no-holds-barred political struggles, are also occasions for compassion, solidarity, and humor. Legal Feminism is a bracing tonic for these times of battle fatigue and political disillusionment: it will help many of us to remember why we became feminists, and will equip all readers with a powerful array of political and analytic tools. -- Kathryn Abrams,Herma Hill Kay Distinguished Professor of Law, School of Law-Boalt Hall, University of California, BerkeleyA significant and unique contribution to the field of jurisprudence. . . . Links feminist jurisprudence to the central debates and approaches of the jurisprudential field in general, and shows how it can serve as a general set of jurisprudential principles that transcend what are usually thought to be its gendered boundaries. -- Lucinda M. Finley,University of Buffalo Law School, State University of New YorkAnn Scales unique vision shines through this jazzy account of feminism, legal theory and the practice of law. Legal Feminism has something for everyonepracticing lawyers, judges, activists and theorists of all stripes. Scales guides us through high theory, gender politics, and important judicial decisions with philosophical sophistication, stylish and passionate prose, and wisdom. -- Martha Chamallas,Robert J. Lynn Chair, Moritz College of Law, The Ohio State UniversityThe living experience of practice imparts a special vitality to Legal Feminism, as does the personal voice. . . . Offers readers a kind of you-are-there viewpoint that law students hunger for and that any legal audience appreciates. -- Elizabeth Rapaport,Dickason Professor of Law, University of New MexicoTable of ContentsAcknowledgments Introduction I Places of Stuckness: Roles, Rules, Facts, and the Liberal View of Human Nature1 The Rule of Law 2 Certainty and Doubt 3 Intractable Questions 4 The Limits of Liberalism II Places beyond Stuckness: Feminist Notions, Controversies, and Promises5 Feminist Legal Theory6 Feminist Legal Method 7 False Consciousness 8 The Future of Legal Feminism Notes Index About the Author

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Book SynopsisA rare, in-depth critique of federal land claims policy in CanadaTrade Review"Grounded Authority is a powerful and compelling study based upon a sophisticated grasp of Indigenous politics, settler colonial logics, and political theory."—Kevin Bruyneel, author of The Third Space of Sovereignty: The Postcolonial Politics of U.S.–Indigenous Relations"An impressive and highly original analysis of the overlapping conflict-laden regimes of legal and political authority, Shiri Pasternak's deeply researched study provides an analytically nuanced and engaging account of the ways in which the Algonquins of Barriere Lake confront the jurisdictional claims over their land and lives made by Canada and the province of Quebec. Grounded Authority brilliantly succeeds at intervening at multiple registers."—Alyosha Goldstein, University of New Mexico"Extremely well-researched and documented."—CHOICE "Grounded Authority is a nuanced and careful ethnographic project that demonstrates how ethnography can be a powerful tool for Indigenous people. Pasternak brings political economy into the frame of analysis, paying necessary attention to the seemingly mundane aspects of governance." —American Indian QuarterlyTable of ContentsContentsPreface: An Autobiography of TerritoryIntroduction1. Flipping the Terms of Recognition: A Methodology2. How Did Colonialism Fail to Dispossess?3. Jurisdiction from the Ground Up: A Legal Order of Care4. Property as a Technique of Jurisdiction: Traplines and Tenure5. “They’re Clear-Cutting Our Way of Life”6. The Trilateral Agreement is Born7. Coup D’état in Fourth World Canada 8. The Government Must Fall9. Security, Critical Infrastructure, and the Geography of Indigenous LandsConclusion: A Land Claim is Canada’s Claim: Against ExtinguishmentAcknowledgmentsNotesIndex

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Book SynopsisDescribes the significance of rhetorical knowledge for law through detailed discussions of some of the most difficult legal issues facing courts today, including affirmative action, gay rights, and assisted suicide.Trade Review“Rejecting the unfulfilled ideals of certainty, singular truths, and perspicuous clarity in legal discourse, Mootz offers a provocative and well-grounded consideration of the way that law and legal practice simultaneously create and are grounded in rhetorical knowledge. The book reveals the dynamic character of law’s rhetorical knowledge and, at the same time, insists on the possibility of reason and rationality.”—William Lewis, Drake University“Rhetorical Knowledge in Legal Practice and Critical Legal Theory is an important resource for any serious student of rhetoric and law. And it is a significant step in overcoming the modem law's ‘deeply ironic resistance to rhetoric.’—Argumentation and Advocacy

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Book Synopsis“No nation can win a battle without faith,” Steve Biko wrote, and as Daniel R. Magaziner demonstrates in The Law and the Prophets, the combination of ideological and theological exploration proved a potent force.The 1970s are a decade virtually lost to South African historiography.Trade Review“This thoughtful, imaginative intellectual history of South Africa’s black consciousness movement does exactly what the author intended it to do—present a full rather than a solely antiapartheid resistance history of a formative era in the rainbow nation’s emergence from white rule…. A major addition to the revisionary literature on modern South African politics and thought. Highly recommended.” * CHOICE *“A sterling contribution…. Readers are given excellent insights into the organised black politics between the 1960s and 1980s…. This book is a triumph!” * Sowetan *“The Law and the Prophets is intellectual history of the first order. It is a revealing and thought-provoking study of the messiness that attended the evolution of BC, an ideology that sought first to liberate the individual, and then a people, and ultimately, helped transform South African society.” * Safundi *“The Law and the Prophets is an inspired work of political and intellectual analysis that provides a new baseline for rewriting histories of South Africa’s ever evolving present.” * Social History/Histoire Sociale *“(M)arvelous and inventive…. (The Law and the Prophets) points a way for future scholars to revisit the legacies of black nationalism, Black Consciousness, and Biko in the years to come.” * H-SAfrica *“(The Law and the Prophets) is a most informative and enjoyable read which is highly recommended, not only for historians but also for theologians, sociologists and anybody interested in the period. It provides a new way of viewing and interpreting the developments which took place in South Africa in the late-1960s and 1970s and suggests the long-term significance of black consciousness thinking.” * African Historical Review *“The Law and the Prophets is impressive in its mastering of sources. Substantial oral history research conducted with close to 60 activists, archival material and secondary literature are all deftly interwoven. Trial transcripts are a prominent source, pursued in search of the interior lives of activists and the human drama, personalities and disappointments of the decade. A real strength of the book is thus its ability to depict clearly the language of Black Consciousness activists.” * Historia *“Magaziner’s history is transnational…. A fascinating effort to bring together political and religious intellectual history in an innovative way.” * International Journal of African Historical Studies *“This well researched study provides crucial insights into the more neglected dimensions of BC (Black Consciousness) philosophy and the eventual transition into mass political mobilization through formal organizations. It traces the hardening of political thought in the face of unrestrained state oppression and existential threat, and poses the currently very relevant political question for South Africa of what visions have been lost in the process of concerted struggle.” * New Political Science Review *“Magaziner’s conscientious work does justice to the intellectual and philosophical project of BC and Black Theology. It sometimes sermonizes, often persuades with insight and passion, and, on occasion, hidden in the depth of this layered analysis, is extraordinarily moving.” * American Historical Review *“Scholars and students of African and South African liberation history, theology, and intellectual history will find The Law and the Prophets provocative and enlightening. The prose is a pleasure to read and the book is skilfully woven together…. More importantly, Magaziner challenges us to more seriously consider the implications of Black Consciousness in history.” * South African Historical Journal *“A substantial work of scholarship, The Law and the Prophets is original both in its subject material and in the interpretation that is brought to bear upon it … logically coherent and supported by impressive evidence.” * author of Mandela, A Critical Life and South Africa: From Mandela to Mbeki *“The Law and the Prophets marks a shift away from definitions of the anti-apartheid struggle that foreground the ANC as a vanguard anticolonial movement. (Magaziner’s) is a study of minor actors and activists who were surprised by their unexpected emergence within national politics….” * Journal of Interdisciplinary History *“Among the many threads woven together by the Black Consciousness movement, Magaziner convincingly shows the absolute centrality of Christian theology, of the revolutionary ‘Black Christ.’ This is an astonishing book. It is intellectual history of the first order, and the best treatment so far of the most important anti-Apartheid movement of 1970s South Africa.” * author of Popular Politics in the History of South Africa, 1400–1948 (2010) *“A profound analysis of and meditation on the Christian underpinnings of the anti-apartheid movement in South Africa.” * Fellowship *

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Book Synopsis“No nation can win a battle without faith,” Steve Biko wrote, and as Daniel R. Magaziner demonstrates in The Law and the Prophets, the combination of ideological and theological exploration proved a potent force.The 1970s are a decade virtually lost to South African historiography.Trade Review“This thoughtful, imaginative intellectual history of South Africa’s black consciousness movement does exactly what the author intended it to do—present a full rather than a solely antiapartheid resistance history of a formative era in the rainbow nation’s emergence from white rule…. A major addition to the revisionary literature on modern South African politics and thought. Highly recommended.” * CHOICE *“A sterling contribution…. Readers are given excellent insights into the organised black politics between the 1960s and 1980s…. This book is a triumph!” * Sowetan *“The Law and the Prophets is intellectual history of the first order. It is a revealing and thought-provoking study of the messiness that attended the evolution of BC, an ideology that sought first to liberate the individual, and then a people, and ultimately, helped transform South African society.” * Safundi *“The Law and the Prophets is an inspired work of political and intellectual analysis that provides a new baseline for rewriting histories of South Africa’s ever evolving present.” * Social History/Histoire Sociale *“(M)arvelous and inventive…. (The Law and the Prophets) points a way for future scholars to revisit the legacies of black nationalism, Black Consciousness, and Biko in the years to come.” * H-SAfrica *“(The Law and the Prophets) is a most informative and enjoyable read which is highly recommended, not only for historians but also for theologians, sociologists and anybody interested in the period. It provides a new way of viewing and interpreting the developments which took place in South Africa in the late-1960s and 1970s and suggests the long-term significance of black consciousness thinking.” * African Historical Review *“The Law and the Prophets is impressive in its mastering of sources. Substantial oral history research conducted with close to 60 activists, archival material and secondary literature are all deftly interwoven. Trial transcripts are a prominent source, pursued in search of the interior lives of activists and the human drama, personalities and disappointments of the decade. A real strength of the book is thus its ability to depict clearly the language of Black Consciousness activists.” * Historia *“Magaziner’s history is transnational…. A fascinating effort to bring together political and religious intellectual history in an innovative way.” * International Journal of African Historical Studies *“This well researched study provides crucial insights into the more neglected dimensions of BC (Black Consciousness) philosophy and the eventual transition into mass political mobilization through formal organizations. It traces the hardening of political thought in the face of unrestrained state oppression and existential threat, and poses the currently very relevant political question for South Africa of what visions have been lost in the process of concerted struggle.” * New Political Science Review *“Magaziner’s conscientious work does justice to the intellectual and philosophical project of BC and Black Theology. It sometimes sermonizes, often persuades with insight and passion, and, on occasion, hidden in the depth of this layered analysis, is extraordinarily moving.” * American Historical Review *“Scholars and students of African and South African liberation history, theology, and intellectual history will find The Law and the Prophets provocative and enlightening. The prose is a pleasure to read and the book is skilfully woven together…. More importantly, Magaziner challenges us to more seriously consider the implications of Black Consciousness in history.” * South African Historical Journal *“A substantial work of scholarship, The Law and the Prophets is original both in its subject material and in the interpretation that is brought to bear upon it … logically coherent and supported by impressive evidence.” * author of Mandela, A Critical Life and South Africa: From Mandela to Mbeki *“The Law and the Prophets marks a shift away from definitions of the anti-apartheid struggle that foreground the ANC as a vanguard anticolonial movement. (Magaziner’s) is a study of minor actors and activists who were surprised by their unexpected emergence within national politics….” * Journal of Interdisciplinary History *“Among the many threads woven together by the Black Consciousness movement, Magaziner convincingly shows the absolute centrality of Christian theology, of the revolutionary ‘Black Christ.’ This is an astonishing book. It is intellectual history of the first order, and the best treatment so far of the most important anti-Apartheid movement of 1970s South Africa.” * author of Popular Politics in the History of South Africa, 1400–1948 (2010) *“A profound analysis of and meditation on the Christian underpinnings of the anti-apartheid movement in South Africa.” * Fellowship *

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Book SynopsisA fundamental critique of American law and legal thought, this book consists of a series of essays written from three different perspectives that coalesce into a criticism of contemporary legal culture. It is of interest not only to the legal academics under attack in the book, but also to sociologists, historians, and social theorists.Trade Review“Against the Law is a sometimes playful, sometimes pungent polemic about the state of legal theory today. Three authors from different parts of the political spectrum come together in this book to attack contemporary legal scholarship’s complacency, idolatry, and insipidness. Against the Law is not against the law; just the ways law professors imagine it.”—J. M. Balkin, Yale Law School“Against the Law is must reading, especially for those who believe that Law does or can embody Reason and Morality. Campos, Schlag, and Smith, ever the iconoclasts, raise profound questions about both the truth of these claims and their meaning. All legal theorists will benefit from the encounter with this highly intelligent, quite original, and unflinchingly skeptical work.”—Larry Alexander, University of San Diego School of Law

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Book SynopsisAlthough long considered the most distinctive American contribution to philosophy, pragmatism - with its problem-solving emphasis and its contingent view of truth - lost popularity in mid-century after the advent of World War II, the horror of the Holocaust, and the dawning of the Cold War. This work provides an introduction to pragmatism.Table of ContentsAcknowledgments Introduction: Pragmatism Then and Now / Morris Dickstein What Difference Does Pragmatism Make? The View From Philosophy Pragmatism as Romantic Polytheism / Richard Rorty Pragmatism and Realism / Hilary Putnam Response to Hilary Putnam’s “Pragmatism and Realism” / Sidney Morgenbesser The Moral Impulse / Ruth Anna Putnam What’s the Use of Calling Emerson a Pragmatist? / Stanley Cavell Pragmatism and the Remaking of Social Thought Pragmatism: An Old Name for Some New Ways of Thinking? / James T. Kloppenberg Pragmatism and Democracy: Reconstructing the Logic of John Dewey’s Faith / Robert B. Westbrook Community in the Pragmatic Tradition / Richard J. Bernstein Another Pragmatism: Alain Locke, Critical “Race” Theory, and the Politics of Culture / Nancy Fraser Going Astray, Going Forward: Du Boisian Pragmatism and Its Lineage / Ross Posnock The Inspiration of Pragmatism: Some Personal Remarks / Hans Joas The Missing Pragmatic Revival in American Social Science / Alan Wolfe Pragmatism and Its Limits / John Patrick Diggins Pragmatism and Law Pragmatic Adjudication / Richard A. Posner Freestanding Legal Pragmatism / Thomas C. Grey What’s Pragmatic about Legal Pragmatism? / David Luban Pragmatism and Law: A Response to David Luban / Richard Rorty It’s a Positivist, It’s a Pragmatist, It’s a Codifier! Reflections on Nietzsche and Stendhal / Richard H. Weisberg Pragmatism, Pluralism, and Legal Interpretations: Posner’s and Rorty’s Justice without Metaphysics Meets Hate Speech / Michael Rosenfeld Pragmatism, Culture, and Art Why Do Pragmatists Want to Be Like Poets? / Richard Poirier Pragmatists and Poets: A Response to Richard Poirier / Louis Menand The Novelist of Everyday Life / David Bromwich When Mind Is a Verb: Thomas Eakins and the Work of Doing / Ray Carney Religion and the Recent Revival of Pragmatism, Giles Gunn Afterword Truth and Toilets: Pragmatism and the Practices of Life / Stanely Fish Selected Bibliography Contributors Index

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Book SynopsisEighteen essays address the problems of executive leadership in the United States, Britain, Canada, and Australia.

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Book SynopsisThis text is a survey of existing judicial retirement laws in all 51 states. It looks at provisions for mandatory retirement on account of age and disability, as well as further judicial service after retirement. The book also suggests how these laws could be improved.

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Book SynopsisThis book brings together the first sixteen years of constitutional jurisprudence addressing the meaning, role, and reach of dignity in the law of South Africa as a multi-racial democracy. The case law is coupled with analysis from a range of selected contributors.Trade Review"It is a major contribution to knowledge to make available in English to a wider world the path-breaking leading cases of the Constitutional Court of South Africa, and to organize these cases, as this book does, around the Kantian moral concept of dignity that plays such an important role both in the text of the South African Constitution and in the interpretive jurisprudence of the Constitutional Court of South Africa." -- -David A.J. Richards New York University

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Book SynopsisThis essential volume incorporates major contributions made by prominent scholars in the past forty years, which illustrate the understanding of the economics of remedies.Trade Review‘For lawyers, academics and students immersed in this area, the book provides a fascinating journey. . . Meticulously footnoted throughout, the book is certainly a treasure trove of resource materials for further research in this field if you want to explore it in even greater depth.’ Table of ContentsContents: Acknowledgements Introduction Ariel Porat PART I PROPERTY RULES AND LIABILITY RULES 1. Guido Calabresi and A. Douglas Melamed (1972), ‘Property Rules, Liability Rules and Inalienability: One View of The Cathedral’ 2. Lucian Arye Bebchuk (2001), ‘Property Rights and Liability Rules: The Ex Ante View of the Cathedral’ 3. Ronen Avraham (2004) ‘Modular Liability Rules’ 4. Barbara Luppi and Francesco Parisi (2011), ‘Toward an Asymmetric Coase Theorem’ PART II EFFICIENT BREACH: DAMAGES VS. SPECIFIC PERFORMANCE 5. Anthony T. Kronman (1977–1978), ‘Specific Performance' 6. Alan Schwartz (1979), ‘The Case For Specific Performance’ 7. Thomas S. Ulen (1984–1985), ‘The Efficiency of Specific Performance: Toward a Unified Theory of Contract Remedies’ 8. Richard Craswell (1988), ‘Contract Remedies, Renegotiation, and the Theory of Efficient Breach’ PART III THE MEASURE OF RECOVERY 9. Robert Cooter and Melvin Aron Eisenberg (1985), ‘Damages For Breach of Contract’ 10. Louis Kaplow and Steven Shavell (1996), ‘Accuracy in the Assessment of Damages’ 11. A. Mitchell Polinksy and Steven Shavell (1998), ‘Punitive Damages: An Economic Analysis’ 12. Charles J. Goetz and Robert E. Scott (1977), ‘Liquidated Damages, Penalties and the Just Compensation Principle: Some Notes on an Enforcement Model and a Theory of Efficient Breach’ PART IV THE SCOPE OF LIABILITY 13. W. Bishop (1982), ‘Economic Loss in Tort’ 14. Samuel A. Rea Jr. (1982), ‘Nonpecuniary Loss and Breach of Contract’ 15. David Friedman (1982), ‘What is “Fair Compensation” for Death or Injury’ 16. Richard A. Epstein (1989), ‘Beyond Foreseeability: Consequential Damages in the Law of Contract’ PART V PARTIAL COMPENSATION 17. Saul Levmore (1990), ‘Probabilistic Recoveries, Restitution, and Recurring Wrongs’ 18. Ariel Porat (2007), ‘Offsetting Risks’

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Book SynopsisThe law and economics movement came of age in the second half of the 20th century and had a profound effect on both the scholarship and practice of law. The specially commissioned essays in this book honor the pioneering contributions of those who created the foundation of the modern law and economics enterprise.Trade Review'. . . pure gems in each and every essay. . . Reading this book provides an intellectual framework for the history of thought in the field that until now it had sorely lacked.' -- Zagros Madjd-Sadjadi, American Review of Political EconomyTable of ContentsContents: Introduction 1. Ronald H. Coase Thomas W. Hazlett 2. Aaron Director Remembered Stephen M. Stigler 3. Aaron Director’s Influence on Antitrust Policy Sam Peltzman 4. George J. Stigler and his Contributions to Law and Economics Harold Demsetz 5. The Enduring Contributions of Armen Alchian Susan Woodward 6. Harold Demsetz Mark F. Grady 7. Benjamin Klein’s Contributions to Law and Economics Joshua D. Wright 8. Buchanan and Tullock on Law and Economics Robert D. Tollison 9. Henry Manne: Intellectual Entrepreneur Larry E. Ribstein 10. Gary Becker’s Contributions to Law and Economics John F. Pfaff 11. Pioneers of Law and Economics: William M. Landes and Richard A. Posner Thomas S. Ulen 12. Putting Law First: Richard Epstein’s Contribution to Law and Economics Andrew P. Morriss 13. Calabresi’s Influence of Law and Economics Keith N. Hylton 14. Easterbrook and Fischel Katherine V. Litvak 15. The Path Breaking Contributions of A. Mitchell Polinsky and Steven Shavell to Law and Economics Nuno Garoupa and Fernando Gómez-Pomar Index

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Book SynopsisIn this volume, Professor Deakin and Professor Pistor include those key articles which highlight the major contributions to, but also the inherent limits of, the legal origin literature.Trade Review‘Legal Origin Theory is a very useful collection for anyone trying to get to rips with the legal origin theory debate, which is still of course on-going as no final arguments have yet been presented. The editors’ introduction is very useful. . .’ -- Jaakko Husa, Comparative Legal HistoryTable of ContentsContents: Acknowledgements Introduction Simon Deakin and Katharina Pistor PART I LEGAL ORIGIN: CONCEPT AND CONSEQUENCES 1. Edward L. Glaeser and Andrei Shleifer (2002), ‘Legal Origins’ 2. Rafael La Porta, Florencio Lopez-de-Silanes, Andrei Shleifer and Robert W. Vishny (1998), ‘Law and Finance’ 3. Rafael La Porta, Florencio Lopez-de-Silanes and Andrei Shleifer (2008), ‘The Economic Consequences of Legal Origins’ PART II COMMON AND CIVIL LAW IN COMPARATIVE LEGAL SCHOLARSHIP 4. Harlan F. Stone (1936), ‘The Common Law in the United States’ 5. André Tunc (1976), ‘Methodology of the Civil Law in France’ 6. Pierre Legrand (1996), ‘European Legal Systems are not Converging’ PART III DATA AND METHODOLOGY 7. Holger Spamann (2010), ‘The “Antidirector Rights Index” Revisited’ 8. Michael Graff (2008), ‘Law and Finance: Common Law and Civil Law Countries Compared – An Empirical Critique’ PART IV LEGAL ORIGIN AND THE EVOLUTION OF LAW AND LEGAL SYSTEMS 9. Simeon Djankov, Edward Glaeser, Rafael La Porta, Florencio Lopez-de-Silanes and Andrei Shleifer (2003), ‘The New Comparative Economics’ 10. John Armour, Simon Deakin, Priya Lele and Mathias Siems (2009), ‘How do Legal Rules Evolve? Evidence from a Cross-Country Comparison of Shareholder, Creditor, and Worker Protection’ 11. Enrico C. Perotti and Ernst-Ludwig von Thadden (2006), ‘The Political Economy of Corporate Control and Labor Rents’ PART V BEYOND LEGAL ORIGIN: UNDERSTANDING INSTITUTIONAL DETERMINANTS OF ECONOMIC GROWTH 12. Daron Acemoglu, Simon Johnson and James A. Robinson (2001), ‘The Colonial Origins of Comparative Development: An Empirical Investigation’ 13. Daniel Berkowitz, Katharina Pistor and Jean-Francois Richard (2003), ‘Economic Development, Legality, and the Transplant Effect’ 14. Raghuram G. Rajan and Luigi Zingales (2003), ‘The Great Reversals: The Politics of Financial Development in the Twentieth Century’ 15. Mark J. Roe (2006), ‘Legal Origins, Politics, and Modern Stock Markets’ PART VI COMPARATIVE ANALYSIS OF LEGAL SYSTEM – ALTERNATIVE APPROACHES 16. Franz von Benda-Beckmann (2002), ‘Who’s Afraid of Legal Pluralism?’ 17. Ugo Mattei (1997), ‘Three Patterns of Law: Taxonomy and Change in the World’s Legal Systems’

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Book SynopsisThe book questions the political role of the Court as much as it stresses the opportunities – and corresponding responsibilities – that the Court’s case law offers to independent observers, political institutions and civil society organisations.Trade Review‘This well-constructed, and well-written, collection fills a gap in the scholarship. It offers a rounded and plausible picture of the Court’s role in Europe, engaging with the complexity of the law without losing sight of the bigger political picture. Well-contextualised, critical, but nuanced, discussions of the role of rights, economics, science, and institutions, and of the important particularities of EU adjudication, will make this volume unmissable for those interested in the political role of the Court of Justice of the EU.’ -- Gareth Davies, VU University of Amsterdam, the NetherlandsTable of ContentsContents: Preface 1. Introduction: The European Court of Justice as a Political Actor Elise Muir, Mark Dawson and Bruno de Witte 2. The Political Face of Judicial Activism: Europe’s Law-politics Imbalance Mark Dawson 3. The Least Dangerous Branch of European Governance? The European Court of Justice Under the Checks and Balances Doctrine Marcus Höreth 4. Maybe Not Activist Enough? On the Court’s Alleged Neoliberal Bias in its Recent Labor Cases Clemens Kaupa 5. The Court of Justice: A Fundamental Rights Institution Among Others Elise Muir 6. Actively Talking to Each Other: The Court and the Political Institutions Vassilis Hatzopoulos 7. The European Court of Justice in the Face of Scientific Uncertainty and Complexity Ellen Vos 8. The European Court of Justice and the Duty to Respect Sensitive National Interests Loïc Azoulai 9. A Cautionary Tale: Some Insights Regarding Judicial Activism from the National Experience Maartje de Visser 10. Judicial Activism and the European Court of Justice: How Should Academics Respond? Anthony Arnull 11. The Potential of Civil Society and Human Rights Organizations Through Third-Party Interventions Before the European Courts: The EU’s Area of Freedom, Security and Justice Sergio Carrera and Bilyana Petkova 12. Strategies Developed by – and Between – National Governments to Interact with the ECJ Mielle Bulterman and Corinna Wissels Index

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Book SynopsisTobacco use represents a critical global health challenge. The authors’ analysis sheds light on broader questions relating to the capacity of governments to regulate tobacco products and the tobacco industry, and to regulate in the interests of public health more generally.Trade ReviewVoon, Mitchell, and Liberman offer a penetrating analysis of the monumental struggle against smoking in the 21st century - the leading preventable cause of death in the world. Their book is undoubtedly the seminal scholarly examination of plain packaging of tobacco products. ''Big Tobacco'' is challenging plain packaging rules in trade, investment, and constitutional forums around the world. It is simply impossible to understand the law, policy, and profound social implications of tobacco control without this masterful text. - Lawrence O. Gostin, Georgetown University and World Health Organization Centre on Public Health Law and Human Rights, US This book is a ''must read'' for anyone interested in tobacco regulation at the international level. Written by an impressive array of experts in a variety of fields, it deals with international rules on trade, investment, intellectual property, and public health, as well as constitutional issues in Australia - at the vanguard of plain packaging of tobacco - and other jurisdictions. It is an informative and timely guide to current debates on these important issues. - Lorand Bartels, University of Cambridge, UK This book provides a definitive account of Australia's pioneering public health legislation on the plain packaging of tobacco products. The regime was designed to implement the World Health Organization Framework Convention on Tobacco Control and address the impacts of ''the tobacco epidemic''. A number of nation states plan on emulating Australia's exemplary regime. In a panic, the tobacco industry has sought to challenge the plain packaging of tobacco products under both Australian constitutional and administrative law, and international trade, investment, and intellectual property laws. This book provides a lucid, thoughtful, and intelligent analysis of the ''mega-litigation'' over the plain packaging of tobacco products, and highlights the necessity for public health measures in this area. It is a timely and prescient work. --- Matthew Rimmer, The Australian National University College of Law and ACIPA, AustraliaTable of ContentsContents: 1. Introduction Tania Voon 2. The WHO Framework Convention on Tobacco Control: The International Context for Plain Packaging Kate Lannan 3. Plain Tobacco Packaging in Australia: The Historical and Social Context Jonathan Liberman, Michelle Scollo, Becky Freeman and Simon Chapman 4. Plain Packaging of Cigarettes and Constitutional Property Rights Simon Evans and Jason Bosland 5. The Legitimacy of Plain Packaging under International Intellectual Property Law: Why there is no Right to Use a Trademark under Either the Paris Convention or the TRIPS Agreement Mark Davison 6. Implications of WTO Law for Plain Packaging of Tobacco Products Tania Voon and Andrew D. Mitchell 7. Implications of International Investment Law for Plain Tobacco Packaging: Lessons from the Hong Kong–Australia BIT Tania Voon and Andrew D. Mitchell 8. Implications of Ongoing Trade and Investment Disputes Concerning Tobacco: Philip Morris v Uruguay Benn McGrady 9. Plain Packaging in a Broader Regulatory Framework: Preventing False Claims and Investor–State Lobbying Thomas A. Faunce 10. Plain Packaging of Cigarettes under EU Law Alberto Alemanno and Enrico Bonadio Bibliography Index

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Book SynopsisPaul Jodrell's Chancery Reports cover the tenure one of the most famous of all English judges, Philip Yorke, Lord Hardwicke (1690-1764). These reports were well known and well respected in their original manuscript form by Lord Eldon and by Lord Campbell, who were themselves Hardwicke's successors on the Chancery bench a century later. The manuscript was generally known to the lawyers of the late eighteenth century and they were widely cited. The cases reported here cover a wide range of the law, concentrating on the law of real property, wills and trusts, marriage settlements, commercial law and bankruptcy, and the law of debtor and creditor. The editor has added headnotes and footnotes that identify the cases cited by the court and the reporter in order to make them more useful to the modern user.

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Book SynopsisLegal documents from eighteenth and nineteenth-century Lincolnshire provide fascinating insights into life at the time.The legal system in eighteenth-century England has generally been viewed as an instrument of class justice, imposed by magistrates drawn from the gentry and aristocracy, and weighing harshly on the labouring and servant classes. The rare survival of the justicing notebooks of Thomas Dixon of Riby, as a working farmer an unusual recruit to the magistrates' bench, make it possible to draw a more nuanced picture. The only Lincolnshire magistrate to leave records of his work "out of sessions", his books detail those cases he heard and resolved alone, often "in my house at Riby", between his appointment in 1787 and his death in 1798; they provide an illuminating glimpse of the justice system in operation at its lowest level, where stealers of ducks and absconding servants were brought before a country justice - and reveal procedures frequently not found in other published accounts. The detail furnished by thesevolumes is amplified with extracts from other records, including those of quarter sessions and parish constables. Edited by B. J. Davey. The second part of the volume presents papers from an arbitration of 1838 between the licensee of a remote beer house ("The Blackamoor's Head") and the son of the local squire, with the former pressing the latter for repayment of a debt. The near-verbatim evidence describes the behaviour of the "bankers" - the localterm for navvies - engaged in deepening the adjoining river. The inn also provided hospitality to drovers who stopped overnight with their beasts en route from Scotland, and their bills provide rare quantitative evidence of the final years of this trade. Edited by R. C Wheeler. B.J. Davey taught History at the Immingham School and the University of Lincoln; R. C. Wheeler has written widely on cartographic and local history.Trade ReviewThis welcome volume offers a unique glimpse into social relations and the experience of community in a rural setting. In particular, it will reward those interested in courts and use of the law, local government and administration, and the economic and social history of eighteenth and nineteenth -century Lincolnshire. * RURAL HISTORY *Table of ContentsThe Justice Books of Thomas Dixon of Riby, 1787-1798: Introduction - Brian Davey Text Papers in the Case Thorold v. Catton, 1830-1838: Introduction - Rob Wheeler Text

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

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