Jurisprudence and general issues Books

Book SynopsisAn Exceptional Law showcases how the emergency law used to repress labour activism during the First World War became normalized with the creation of Section 98 of the Criminal Code, following the Winnipeg General Strike.Trade Review"An Exceptional Law: Section 98 & The Emergency State 1919-1936 is a very readable, incredibly well-researched study of Canada's wartime-derived, but peacetime-continued sedition laws of early 20th century. But the book is of much more than historical interest. As they said in Battlestar Galactica: All this has happened before and will happen again. My copy is marked-up where I noted parallels to current immigration and anti-terror laws. ... I highly recommend this book." -- Craig Forcese #Sundayscholar Pick, Twitter, Posted May 21, 2017Table of ContentsIntroduction: The Exception Chapter 1: For the Protection of People and State Chapter 2: Defining Suspects Chapter 3: The Trial Chapter 4: Citizens of the World Chapter 5: Outlaws Chapter 6: Judgement Conclusion: Towards a Real State of Exception Appendix Notes and Bibliography

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Book SynopsisDuring periods of intense conflict, either at home or abroad, governments enact emergency powers in order to exercise greater control over the society that they govern. The expectation though is that once the conflict is over, these emergency powers will be lifted. An Exceptional Law showcases how the emergency law used to repress labour activism during the First World War became normalized with the creation of Section 98 of the Criminal Code, following the Winnipeg General Strike. Dennis G. Molinaro argues that the institutionalization of emergency law became intricately tied to constructing a national identity. Following a mass deportation campaign in the 1930s, Section 98 was repealed in 1936 and contributed to the formation of Canada’s first civil rights movement. Portions of it were used during the October Crisis and recently in the Anti-Terrorism Act of 2015. Building on the theoretical framework of Agamben, Molinaro advances our understanding of security Trade Review"An Exceptional Law: Section 98 & The Emergency State 1919-1936 is a very readable, incredibly well-researched study of Canada's wartime-derived, but peacetime-continued sedition laws of early 20th century. But the book is of much more than historical interest. As they said in Battlestar Galactica: All this has happened before and will happen again. My copy is marked-up where I noted parallels to current immigration and anti-terror laws. ... I highly recommend this book." -- Craig Forcese #Sundayscholar Pick, Twitter, Posted May 21, 2017Table of ContentsIntroduction: The Exception Chapter 1: For the Protection of People and State Chapter 2: Defining Suspects Chapter 3: The Trial Chapter 4: Citizens of the World Chapter 5: Outlaws Chapter 6: Judgement Conclusion: Towards a Real State of Exception Appendix Notes and Bibliography

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Book SynopsisThe fourth volume in the Canadian State Trials series examines the legal issues surrounding perceived security threats and the repression of dissent from the outset of World War One through the Great Depression. War prompted the development of new government powers and raised questions about citizenship and Canadian identity, while the ensuing interwar years brought serious economic challenges and unprecedented tensions between labour and capital.            The chapters in this edited collection, written by leading scholars in numerous fields, examine the treatment of enemy aliens, conscription and courts martial, sedition prosecutions during the war and after the Winnipeg General Strike, and the application of Criminal Code and Immigration Act laws to Communist Party leaders, On to Ottawa Trekkers, and minority groups. These historical events shed light on contemporary dilemmas: What are the limits of dissent iTrade Review'This volume is a superb structural analysis of how Canada's courts were, and can be, used as state instruments of tyranny. It represents a number of fascinating and valuable questions.' -- Scott Eaton BC Studies March 2016 'Excellent introduction by the editors... Wright, Tucker, and Binnie have done all Canadians a significant service in continuing the work started by Greenwood in the 1990s.' -- Gregory S. Kealey Left History vol 20:01:2016Table of Contents1. Barry Wright, Eric Tucker, and Susan Binnie "War Measures and the Repression of Radicalism" 2. Bohdan Kordan, "'They Will Be Dangerous': Security Legislation and the Control of Enemy Aliens in Canada, 1914" 3. Peter McDermott, "Enemy Aliens in World War One: Legal and Constitutional Issues" 4. Jonathan Swainger, "Erroneous and Detestable: Seditious Language and the Great War in Western Canada" 5. Patricia McMahon, "Conscription and the Courts: The Case of George Edwin Grey, 1918" 6. Benjamin Isitt, "Court Martial at Vladivostok: Mutiny and Military Justice during the First World War" 7. Reinhold Kramer and Tom Mitchell, "'Daniel de Leon Drew Up The Diagram': Winnipeg's Seditious Conspiracy Trials of 1919-1920" 8. David Frank, "The Devil's Drum: Seditious Libelin Industrial Cape Breton, 1923" 9. Andree Levesque, "Red Scares and Repression in Quebec, 1919-39" 10. Dennis Molinaro, "Section 98: The Trial of Rex v. Buck and the 'State of Exception' in Canada" 11. John McLaren, "The Canadian State, Ethnicity and Religious Non-Conformism: The Trials of Peter Petrovich Verigin" 12. Bill Waiser, "Wiping out the Stain: The On to Ottawa Trek, Regina Riot and the Search for Answers" Appendix Judi Cumming, "Archival Sources, 1914-39, and User Challenges at Library and Archives Canada" Patricia McMahon, "A Note on Access to Information Challenges" Supporting Documents

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Book SynopsisThe Challenge of Transnational Private Regulation: Conceptual and Constitutional Debates presents an extensive treatment of the constitutional dimensions of transnational private regulation, including its sources of power and modes of accountability. Represents the first extensive treatment of the phenomenon of transnational private regulation Offers conceptual and theoretical innovation in considering the significance of transnational private regulation and its relationship to governmental activity in hybrid regimes Analyzes constitutional issues surrounding the emergence of transnational private regulation Table of Contents1. The Conceptual and Constitutional Challenge of Transnational Private Regulation (Colin Scott, Fabrizio Cafaggi, Linda Senden). 2. New Foundations of Transnational Private Regulation (Fabrizio Cafaggi). 3. Neither ‘Public' nor ‘Private', ‘National' nor ‘International': Transnational Corporate Governance from a Legal Pluralist Perspective (Peer Zumbansen). 4. The Crystallization of Regulatory Norms (Donal Casey, Colin Scott). 5. Privatized Sovereign Performance: Regulating in the ‘Gap' between Security and Rights? (Fiona de Londras). 6. Competition Law and Transnational Private Regulatory Regimes: Marking the Cartel Boundary (Imelda Maher). 7. The Meta-regulation of Transnational Private Regulation (Jacco Bomhoff and Anne Meuwese). 8. Public Accountability of Transnational Private Regulation: Chimera or Reality? (Deirdre Curtin, Linda Senden).

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Book SynopsisIn Biopolitics of the More-Than-Human Joseph Pugliese examines the concept of the biopolitical through a nonanthropocentric lens, arguing that more-than-human entities—from soil and orchards to animals and water—are actors and agents in their own right with legitimate claims to justice. Examining occupied Palestine, Guantánamo, and sites of US drone strikes in Afghanistan, Pakistan, Somalia, and Yemen, Pugliese challenges notions of human exceptionalism by arguing that more-than-human victims of war and colonialism are entangled with and subject to the same violent biopolitical regimes as humans. He also draws on Indigenous epistemologies that invest more-than-human entities with judicial standing to argue for an ethico-legal framework that will enable the realization of ecological justice. Bringing the more-than-human world into the purview of justice, Pugliese makes visible the ecological effects of human war that would otherwise remain outside the domains oTrade Review“A mesmerizing exploration of the more-than-human dimensions of later modern war that is never less than deeply human. Linguistically inventive, analytically sobering—you keep wondering why it has taken us so long to see like this—Joseph Pugliese's vision of forensic ecology initiates an arrestingly novel critique of military violence. At once profoundly political and deeply ethical, this is a magnificently vital achievement.” -- Derek Gregory, Peter Wall Distinguished Professor and Professor of Geography, University of British Columbia“Joseph Pugliese’s reconfiguration of biopolitics does not simply take the politics of populations and life and extend its range to include the more-than-human; the very threshold between the human and ‘other’ life-forms falls away. What is revealed is a new political-legal ethics entirely: not a question of how ‘we’ humans grant rights to others, but of how the more-than-human offers itself as an imperative to rethink the anthropocentrism of European law. Exploring Indigenous and non-Western cosmologies provides a way to think about life, value, and politics that does not rely on the dignity of the human and its concomitant violence for all that is other-than-human. It is rare to read a book that combines such theoretical dexterity with fascinating empirical analysis of some of our most pressing ethical issues.” -- Claire Colebrook, author of * Death of the PostHuman: Essays on Extinction *"Pugliese’s book makes a valuable contribution to the fields of critical legal studies, critical security studies, and geopolitical ecology. . . . He admirably weaves a decolonial lens with new materialism and draws effectively on Indigenous cosmoepistemologies to expand the way we conceptualize, perceive, and feel these forms of more-than-human violence.” -- Michael J. Albert * Law, Culture, and the Humanities *"Pugliese's retheorization of biopolitics offers new ways of understanding military violence by attending to the different technologies used to manage life and death. . . . Pugliese's interventions powerfully unearth the 'forensic ecologies of saturated violence,' their more-than-human witnesses, and their possibilities for resistance." -- Nicole Nguyen * Journal of Palestine Studies *"Biopolitics of the More-Than-Human contributes to debates on violence and conflict in environmental politics on whether and why Israeli occupation, settler colonialism, anti-black racism, and US toxic militarism should be challenged as environmental justice problems. Moreover, this book helps educators to teach Foucauldian discourse, biopolitics, and power relations through a critical postcolonial lens via a life and death example that is still occurring every single day." -- Rezvaneh Erfani * Postcolonial Studies *Table of ContentsAcknowledgments vii Introduction 1 1. Zoopolitics of the Cage 39 2. Biopolitical Modalities of the More-Than-Human and Their Forensic Ecologies 81 3. Animal Excendence and Inanimal Torture 124 4. Drone Sparagmos 166 Afterword 203 Notes 217 Bibliography 255 Index

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Book SynopsisJonathan Goldberg-Hiller explores the limits of modern legal theory in regards to the night and the possibility for both violence and freedom that might be otherwise unavailable during the day.Trade Review“Bringing a highly sophisticated theoretical mind to a richly woven thick description of legal practices, Jonathan Goldberg-Hiller asks how our conceptions of law would change if we thought about it from a metaphor of darkness. Throughout this fascinating and thought-provoking book, he attends to how public imaginaries of darkness are affected by race and gender and how the law of the dark has an ambiguous relation to human freedom and security. As he demonstrates, the law is obscure, complex, and lacks transparency—this is the law’s own essential darkness.” -- Linda Ross Meyer, author of * Sentencing in Time *“In this highly original and intellectually creative book Jonathan Goldberg-Hiller recognizes that night is a real part of our temporal and material worlds as well as a metaphor for absence—the time and place where normal law is in abeyance. It is this confluence of the literal, conceptual, and metaphorical that makes Law by Night distinct. Goldberg-Hiller’s juxtaposition of a variety of legal issues never previously brought together under the theme of night is nothing short of brilliant.” -- Cressida J. Heyes, author of * Anaesthetics of Existence: Essays on Experience at the Edge *Table of ContentsAcknowledgments ix Introduction. Interruptions 1 1. Is There a Right to Sleep? 29 2. It Came Upon You in the Night 56 3. Curfew, Legality, and the Social Control of the Night 98 4. Take Back the Night 134 5. Translation in the the Dark 174 Notes 199 Bibliography 263 Index 319

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Book SynopsisFinalist, 2016 Ralph Waldo Emerson AwardOne of Bustle's Books For Your Civil Disobedience Reading List Examines the key role dissent has played in shaping the United States, emphasizing the way Americans responded to injusticesDissent: The History of an American Idea examines the key role dissent has played in shaping the United States. It focuses on those who, from colonial days to the present, dissented against the ruling paradigm of their time: from the Puritan Anne Hutchinson and Native American chief Powhatan in the seventeenth century, to the Occupy and Tea Party movements in the twenty-first century. The emphasis is on the way Americans, celebrated figures and anonymous ordinary citizens, responded to what they saw as the injustices that prevented them from fully experiencing their vision of America. At its founding the United States committed itself to lofty ideals. When the promise of those ideals was not fully realized by all Americans, many protested and demanded that the UnTrade Review"A beautifully written and impressively comprehensive survey of the history of dissent in America." -- Thaddeus Russell,author of A Renegade History of the United States"A sweeping, panoramic narrative that is ambitious in nature, and broad and deep in scope. It provides an alternative history of the United Statesindeed of 'America.' It is a historynot from the vantage point of the forgotten or the 'losers,' per sebut from dissenters: those who foughtvaliantly, nobly, with great foresight and insight, and often against overwhelming, even impossible, odds and at great cost to themselvesin order to push, pull, shift, and shape the American world around them." -- Glenn Feldman,University of Alabama at Birmingham"A wonderfully erudite and lucid introduction to another 'American dream' that inspired millions around the world. A wise and topical invitation to reappraise global image of American culture today, when we are facing renewed struggle for hearts and minds." -- Vladislav Zubok,London School of Economics and Politics"Ralph Young takes us on a journey from the distant Puritan past to the cultural divisions of the contemporary age, showing that at every step along the way the nation's most powerful and productive force has been its rich tradition of dissent, the willingness of its citizens to cut against the grain of conformity to help build a fairer, more representative democracy. Marked by fast-paced and engaging prose, and filled with important insights and observations, Dissent may be the most important revisionist history of the nation since Howard Zinn's A People's History." -- David M. Wrobel,Merrick Chair in Western American History, University of Oklahoma"In deeply conservative times it bears remembering that our nation also has a long and rich history of dissent-- one that always pushes our nation to become more just and humane. Ralph Youngs sweeping and powerful account of this history, his rescuing of myriad moments and movements that made our nation fairer and more equal, is a must read for any citizen interested in making a stronger democracy and a better future for our children." -- Heather Ann Thompson,Pulitzer-Prize-winning author of Blood in the Water"Young takes his readers on a scenic, energetic, nonlinear walk from the seventeenth-century American Colonies to the present United States, suggesting all along the way that American history is, by definition, a history of dissent The breadth of the historical account and the level of detail Young offers his readers are inspiring, particularly in an age of what he sees as apathetic, social media-driven & slacktivism and & clicktivism." * American Political Thought *"A must-read for anyone interested in how dissent, protest, and other acts of civil disobedience have shaped the United States, Ralph YoungsDissent: The History of an American Ideais a well-researched, 600-plus page tome that covers both the liberal and conservative movements that changed American history" * Bustle.com *"The Temple University historian Ralph Young's Dissent, a beautifully written, always-interesting, and analytically smart synthesis of American history, contends that dissent has shaped our world from the Puritans to the Barack Obama presidency...Here is wishing Young's big book a shelf life as long as the works of Hofstadter, Williams, and Zinn." * Journal of American History *"For those looking for a most impressive compilation on the history of American dissent,Dissentcertainly delivers in covering all of its intricacies, trajectories, and complexities through decades of discord and centuries of stridency." * Journal of American Culture *"[Young] presents a narrative history of the role of dissent in shaping the United States, foregrounding those who dissented and how Americans have responded to injustices that prevented them from fully experiencing their vision of America." * Journal of Economic Literature *"A broad-ranging, evenhanded view of a tradition honed into an art form in America: the use of dissent as 'a critique of governance'...Young has a knack for finding obscure but thoroughly revealing moments of history to illustrate his points; learning about Fries' Rebellion and the Quasi-War with France is worth the price of admission alone, though his narrative offers much more besides...Refreshingly democraticsolid supplemental reading to the likes of Terkel and Alinsky, insistent on upholding the rights of political minorities even when they're wrong." * Kirkus Reviews *"French historian Alexis de Tocqueville warned about 'the tyranny of the majority' in American democracy. This work deals with that important topic from colonial times to the present. Young brings experience and knowledge to this subject...This history will satisfy fans of Howard Zinn, Pete Seeger, and Allen Ginsberg." * Library Journal *"[An] expansive and...impressive account...[Young] excels in story-telling mode." * Popmatters *"One of the great merits of Youngs book in his nuanced perspective on events and people that are too often reduced to clichés in our collective memory." * Political Science Quarterly *"Temple University historian Young (Dissent in America) delivers a doorstopper that few readers will ever want to misuse in such a manner; his clear and elegant style and a keen eye for good stories make it a page-turner...Young convincingly demonstrates that the history of the United States is inextricably linked to dissent and shows how 'protest is one of the consummate expressions of Americanness.'" * STARRED Publishers Weekly *Table of ContentsContents Acknowledgments ix Introduction: Dissent and America 1 1. The "Free Aire of a New World" 17 2. Dissent in an Age of Reason 34 3. Revolution 57 4. Discord in the New Republic 79 5. Slavery and Its Discontents 108 6. Reformers and Dissidents 133 7. Expansion and Conflict 159 8. Dissent Imperils the Union 173 9. A Nation Divides 191 10. Liberation and Suppression 213 11. Protest and Conflict in the West 234 12. Workers of the World Unite! 256 13. The New Manifest Destiny 275 14. Progressives and Radicals 294 15. Making the World Safe for Democracy 327 16. Traditionalism Collides with Modernism 349 17. A New Deal for America 371 18. The Good War? 393 19. Dissent in an Age of Conformity 407 viii k Contents 20. Civil Rights: An American Revolution 424 21. Make Love, Not War 453 22. Mobilization and Backlash 482 23. A New Age of Dissent 501 Conclusion: The Arc of Dissent 520 Notes 523 Bibliography 549 Index 583 About the Author 603

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Book SynopsisExamines LatCrit's emergence as a scholarly and activist community within and beyond the US legal academyEmerging from the US legal academy in 1995, LatCrit theory is a genre of critical outsider jurisprudencea vital hub of contemporary scholarship that includes Feminist Legal Theory and Critical Race Theory, among other critical schools of legal knowledge. Its basic goals have been: (1) to develop a critical, activist, and inter-disciplinary discourse on law and society affecting Latinas/os/x, and (2) to foster both the development of coalitional theory and practice as well as the accessibility of this knowledge to agents of social and legal transformative change. This slim volume tells the story of LatCrit's growth and influence as a scholarly and activist community. Francisco Valdes and Steven W. Bender offer a living example of how critical outsider academics can organize long-term collective action, both in law and society, that will help those similarly inclined to better organTrade ReviewA must-read. Whether you have never read LatCrit literature or are an aficionado, there is much to savor in its transnational and multidimensional approach. The book reflects and celebrates LatCrit’s twenty-five-year commitment to theory, community, pedagogy, and praxis, reinforcing the importance of community building and intellectual evolution. -- Adrien K. Wing, Associate Dean and Bessie Dutton Murray Professor at the University of Iowa College of LawMany have been waiting for just such a comprehensive history of the emergence and flourishing of LatCrit. Built into the legal writings is the collective development of an intellectual movement spurring academic activism. -- Mary Romero, Professor Emerita in Justice & Social Inquiry, Arizona State UniversityValdes and Bender have performed an amazing service; not only have they summarized and amplified the mission of Critical Race Theory in its expression as LatCrit, but they have provided access to a methodology of grounded and engaged scholarship. This is significant work. -- Gerald Torres, Professor of Environmental Justice, Yale School of the Environment and Yale Law School

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Book SynopsisExamines LatCrit's emergence as a scholarly and activist community within and beyond the US legal academyEmerging from the US legal academy in 1995, LatCrit theory is a genre of critical outsider jurisprudencea vital hub of contemporary scholarship that includes Feminist Legal Theory and Critical Race Theory, among other critical schools of legal knowledge. Its basic goals have been: (1) to develop a critical, activist, and inter-disciplinary discourse on law and society affecting Latinas/os/x, and (2) to foster both the development of coalitional theory and practice as well as the accessibility of this knowledge to agents of social and legal transformative change.This slim volume tells the story of LatCrit's growth and influence as a scholarly and activist community. Francisco Valdes and Steven W. Bender offer a living example of how critical outsider academics can organize long-term collective action, both in law and society, that will help those similarly incliTrade ReviewA must-read. Whether you have never read LatCrit literature or are an aficionado, there is much to savor in its transnational and multidimensional approach. The book reflects and celebrates LatCrit’s twenty-five-year commitment to theory, community, pedagogy, and praxis, reinforcing the importance of community building and intellectual evolution. -- Adrien K. Wing, Associate Dean and Bessie Dutton Murray Professor at the University of Iowa College of LawMany have been waiting for just such a comprehensive history of the emergence and flourishing of LatCrit. Built into the legal writings is the collective development of an intellectual movement spurring academic activism. -- Mary Romero, Professor Emerita in Justice & Social Inquiry, Arizona State UniversityValdes and Bender have performed an amazing service; not only have they summarized and amplified the mission of Critical Race Theory in its expression as LatCrit, but they have provided access to a methodology of grounded and engaged scholarship. This is significant work. -- Gerald Torres, Professor of Environmental Justice, Yale School of the Environment and Yale Law School

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Book SynopsisEssays on the justification, strategy, and limits of mass protests and political dissent In Protest and Dissent, the latest installment of the NOMOS series, distinguished scholars from the fields of political science, law, and philosophy provide a fresh, interdisciplinary perspective on the potentialand limitsof mass protest and disobedience in today's age. Featuring ten timely essays, the contributors address a number of contemporary movements, from Black Lives Matter and the Women's March, to Occupy Wall Street and Standing Rock. Ultimately, this volume challenges us to re-imagine the boundaries between civil and uncivil disagreement, political reform and radical transformation, and democratic ends and means. Protest and Dissent offers thought-provoking insights into a new era of political resistance.Trade ReviewNothing could be timelier than this collection. * CHOICE *

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Book SynopsisExplores the challenges of governing in a post-truth worldThe relationship between truth and politics has rarely seemed more troubled, with misinformation on the rise, and the value of expertise in democratic decision-making increasingly being dismissed. In Truth and Evidence, the latest installment in the NOMOS series, Melissa Schwartzberg and Philip Kitcher bring together a distinguished group of interdisciplinary scholars in political science, law, and philosophy to explore the most pressing questions about the role of truth, evidence, and knowledge in government. In nine timely essays, contributors examine what constitutes political knowledge, who counts as an expert, how we should weigh evidence, and what can be done to address deep disinformation. Together, they address urgent questions such as what facts we require to confront challenges like COVID-19; what it means to #BelieveWomen; and how white supremacy shapes the law of evidence. Essential readi

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Book SynopsisFinalist, 2016 Ralph Waldo Emerson AwardOne of Bustle's Books For Your Civil Disobedience Reading List Examines the key role dissent has played in shaping the United States, emphasizing the way Americans responded to injusticesDissent: The History of an American Idea examines the key role dissent has played in shaping the United States. It focuses on those who, from colonial days to the present, dissented against the ruling paradigm of their time: from the Puritan Anne Hutchinson and Native American chief Powhatan in the seventeenth century, to the Occupy and Tea Party movements in the twenty-first century. The emphasis is on the way Americans, celebrated figures and anonymous ordinary citizens, responded to what they saw as the injustices that prevented them from fully experiencing their vision of America. At its founding the United States committed itself to lofty ideals. When the promise of those ideals was not fully realized by all Americans, many protested and demanded that the UnTrade ReviewA beautifully written and impressively comprehensive survey of the history of dissent in America. -- Thaddeus Russell,author of A Renegade History of the United StatesA sweeping, panoramic narrative that is ambitious in nature, and broad and deep in scope. It provides an alternative history of the United Statesindeed of 'America.' It is a historynot from the vantage point of the forgotten or the 'losers,' per sebut from dissenters: those who foughtvaliantly, nobly, with great foresight and insight, and often against overwhelming, even impossible, odds and at great cost to themselvesin order to push, pull, shift, and shape the American world around them. -- Glenn Feldman,University of Alabama at BirminghamA wonderfully erudite and lucid introduction to another 'American dream' that inspired millions around the world. A wise and topical invitation to reappraise global image of American culture today, when we are facing renewed struggle for hearts and minds. -- Vladislav Zubok,London School of Economics and PoliticsRalph Young takes us on a journey from the distant Puritan past to the cultural divisions of the contemporary age, showing that at every step along the way the nation's most powerful and productive force has been its rich tradition of dissent, the willingness of its citizens to cut against the grain of conformity to help build a fairer, more representative democracy. Marked by fast-paced and engaging prose, and filled with important insights and observations, Dissent may be the most important revisionist history of the nation since Howard Zinn's A People's History. -- David M. Wrobel,Merrick Chair in Western American History, University of OklahomaIn deeply conservative times it bears remembering that our nation also has a long and rich history of dissent-- one that always pushes our nation to become more just and humane. Ralph Youngs sweeping and powerful account of this history, his rescuing of myriad moments and movements that made our nation fairer and more equal, is a must read for any citizen interested in making a stronger democracy and a better future for our children. -- Heather Ann Thompson,Pulitzer-Prize-winning author of Blood in the WaterYoung takes his readers on a scenic, energetic, nonlinear walk from the seventeenth-century American Colonies to the present United States, suggesting all along the way that American history is, by definition, a history of dissent The breadth of the historical account and the level of detail Young offers his readers are inspiring, particularly in an age of what he sees as apathetic, social media-driven & slacktivism and & clicktivism. * American Political Thought *A must-read for anyone interested in how dissent, protest, and other acts of civil disobedience have shaped the United States, Ralph YoungsDissent: The History of an American Ideais a well-researched, 600-plus page tome that covers both the liberal and conservative movements that changed American history * Bustle.com *The Temple University historian Ralph Young's Dissent, a beautifully written, always-interesting, and analytically smart synthesis of American history, contends that dissent has shaped our world from the Puritans to the Barack Obama presidency...Here is wishing Young's big book a shelf life as long as the works of Hofstadter, Williams, and Zinn. * Journal of American History *For those looking for a most impressive compilation on the history of American dissent,Dissentcertainly delivers in covering all of its intricacies, trajectories, and complexities through decades of discord and centuries of stridency. * Journal of American Culture *[Young] presents a narrative history of the role of dissent in shaping the United States, foregrounding those who dissented and how Americans have responded to injustices that prevented them from fully experiencing their vision of America. * Journal of Economic Literature *A broad-ranging, evenhanded view of a tradition honed into an art form in America: the use of dissent as 'a critique of governance'...Young has a knack for finding obscure but thoroughly revealing moments of history to illustrate his points; learning about Fries' Rebellion and the Quasi-War with France is worth the price of admission alone, though his narrative offers much more besides...Refreshingly democraticsolid supplemental reading to the likes of Terkel and Alinsky, insistent on upholding the rights of political minorities even when they're wrong. * Kirkus Reviews *French historian Alexis de Tocqueville warned about 'the tyranny of the majority' in American democracy. This work deals with that important topic from colonial times to the present. Young brings experience and knowledge to this subject...This history will satisfy fans of Howard Zinn, Pete Seeger, and Allen Ginsberg. * Library Journal *[An] expansive and...impressive account...[Young] excels in story-telling mode. * Popmatters *One of the great merits of Youngs book in his nuanced perspective on events and people that are too often reduced to clichés in our collective memory. * Political Science Quarterly *Temple University historian Young (Dissent in America) delivers a doorstopper that few readers will ever want to misuse in such a manner; his clear and elegant style and a keen eye for good stories make it a page-turner...Young convincingly demonstrates that the history of the United States is inextricably linked to dissent and shows how 'protest is one of the consummate expressions of Americanness.' * STARRED Publishers Weekly *Table of ContentsContents Acknowledgments ix Introduction: Dissent and America 1 1. The "Free Aire of a New World" 17 2. Dissent in an Age of Reason 34 3. Revolution 57 4. Discord in the New Republic 79 5. Slavery and Its Discontents 108 6. Reformers and Dissidents 133 7. Expansion and Conflict 159 8. Dissent Imperils the Union 173 9. A Nation Divides 191 10. Liberation and Suppression 213 11. Protest and Conflict in the West 234 12. Workers of the World Unite! 256 13. The New Manifest Destiny 275 14. Progressives and Radicals 294 15. Making the World Safe for Democracy 327 16. Traditionalism Collides with Modernism 349 17. A New Deal for America 371 18. The Good War? 393 19. Dissent in an Age of Conformity 407 viii k Contents 20. Civil Rights: An American Revolution 424 21. Make Love, Not War 453 22. Mobilization and Backlash 482 23. A New Age of Dissent 501 Conclusion: The Arc of Dissent 520 Notes 523 Bibliography 549 Index 583 About the Author 603

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Book SynopsisA history of the origins of the 14th Amendment and the the man who helped craft itJohn Bingham was the architect of the rebirth of the United States following the Civil War. A leading antislavery lawyer and congressman from Ohio, Bingham wrote the most important part of the Fourteenth Amendment to the Constitution, which guarantees fundamental rights and equality to all Americans. He was also at the center of two of the greatest trials in history, giving the closing argument in the military prosecution of John Wilkes Booth's co-conspirators for the assassination of Abraham Lincoln and in the impeachment of President Andrew Johnson. And more than any other man, Bingham played the key role in shaping the Union's policy towards the occupied ex-Confederate States, with consequences that still haunt our politics. American Founding Son provides the most complete portrait yet of this remarkable statesman. Drawing on his personal letters and speeches, the book traces Bingham's life from his Trade Review"How this leading antislavery lawyer shaped Union policy vis-à-vis the defeated South and wrote most of the amendment guaranteeing equal rights to all Americans." * American History *"For someone so involved with the watershed events of 19th-century US history, John A. Bingham has largely escaped modern scholars' notice, even in the current book of Civil War-era commemorations. This oversight is puzzling, since Bingham was a major political figure of his time, as Magliocca ably demonstrates...Magliocca takes readers through a learned yet accessible analysis of Bingham's legal and congressional careers, showing how Bingham's constitutional thought on citizenship, rights, and liberties evolved, climaxing with his drafting of the Fourteenth Amendment's preamble. Students of legal, constitutional, and Civil War-era history should read this fine volume on an important yet neglected figure." * Choice *"This volume on Bingham made me rethink some things I thought I was taught in high school history class. Magliocca did a wonderful job of searching, often sparse records, in order to give a full-orbed view of political history in America. I feel like the legacy of a man like Bingham is often forgotten among those who have largely left the politics to highly paid professionals who sit on Washingtons hill. Its stories like these, a relatively no-name person from the middle of nowhere rising to power and changing history. We can all learn from Bingham, not only from his big wins, but from his losses as well. We should all be so concerned for freedom as Bingham was, it would make a small difference today which may change the pages of history hundreds of years down the road." * Protestant Voices *"Professor Gerard Magliocca spares no detail in his comprehensive review of John Bingham's life and his drafting of the 14th Amendment to the Constitution. For history buffs, constitutional scholars, and civil war experts, the book is a smorgasbord of facts about a critical period in America's history. The reader is taken step by step through the political and legal hurdles required to enact one of the most significant post-Bill of Rights provisions of our Constitution." * Los Angeles Review of Books *"Given Binghams central role in the incorporation debate,American Founding Sonis long overdue. Scholars and lawyers who are interested in the incorporation debate eagerly have awaited this book. They will not be disappointed. [] [T]hose seeking to understand the meaning of the Fourteenth Amendment will find a wealth of information in the pages ofAmerican Founding Son." * Law and History Review *"Gerard Magliocca has done nearly as much as anyone could to resurrect John Bingham, and he has succeeded in making Bingham come alive as an important political player in the Civil War era. [H]e has certainly restored Bingham to a rightful place in Civil War political and legal history." -- Allen Guelzo * The Wall Street Journal *"Gerard Magliocca has done the country a great service by writing the first biography of one of America's most important but under-appreciated statesmen. John Bingham, the father of the Fourteenth Amendment, helped put a guarantee of individual equality into the U.S. Constitution. In this important book, Magliocca tells the fascinating story of a crucial figure in our country's long struggle to establish justice and create a more perfect union." -- Jack M. Balkin,Knight Professor of Constitutional Law and the First Amendment, Yale Law School"Gerard Magliocca makes the most of the sometimes scanty evidence to paint an illuminating portrait of Ohio Congressman John Bingham, the author of Section One of the Fourteenth Amendment and perhaps our most neglected 'framer' of the Constitution. From leading the impeachment prosecution of President Andrew Johnson, to serving as Ambassador to Japan, Bingham's life was fascinating. And so too is this book that every student of our constitutional history should read." -- Randy E. Barnett,Carmack Waterhouse Professor of Legal Theory & Director, Georgetown Center for the Constitution"Gerard Magliocca rescues John Bingham from his moment of fame as the author of the Fourteenth Amendment, and presents a nuanced understanding of his life and thought. An important contribution that provides deep insight into our constitutional tradition." -- Bruce Ackerman,Sterling Professor of Law and Political Science, Yale University"Gerard Magliocca traces Bingham's life from humble beginnings in Pennsylvania through his career as a leader of the Republican Party. This is an excellent examination of Bingham, who was a major force in shaping the America that emerged from the Civil War." -- Frank J. Williams * Civil War News *"Magliocca has done valuable work in bringing to public attention the story of an interesting and important states-man of the mid-19th century. As an enemy of slavery and advocate for constitutional freedom, John Bingham has been too long neglected." -- Burrus M. Carnahan * The Federal Lawyer *"Magliocca presents this evidence in a fine narrative, an excellent example of an intellectual biography. It preserves a chronological presentation, without obscuring the primacy of the subject's legal and political thoughts." -- David Upham * Online Library of Law and Liberty *"This is a worthy biography that will illume...many of the controversies that surround interpretations of the Fourteenth Amendment....Certainly, the picture that emerges from this book is much fuller than scholars have had to date." -- John R. Vile * Law and Politics Book Review *"Until now, however, we have lacked an adequate biography of Bingham. This lacuna has just been filled by Gerard N. Magliocca. He dubs Bingham the 'Founding Son'the man who repaired the flawed work of the Founding Fathers and made equal citizen rights part of the Constitution. Without Bingham, writes Magliocca, there would have been no Fourteenth Amendment as we know it (186). His handiwork is the most important part of the Constitution. Bingham also coined that now-common phrase, the 'Bill of Rights.'" -- Daniel W. Crofts * Civil War Book Review *"In this clearly written and extensively researched biography of John Bingham, Gerard Magliocca explains that researchers have neglected Bingham despite his important legislative contributions." * The Historian *"Magliocca's frankly political biography embodies Bingham and his ideals sufficiently to correct the record with 'considerable explanatory force'...This lucidly written book provides just enough information about Bingham's life, roles, and thoughts to place upon him both the gloss of humanness and the prestige of framer/founder...American Founding Sonhelps dispel the belief that the Fourteenth Amendment is a series of platitudes to capture what was, rather than a forcefully honed and carefully crafted disruption both to create what should have been and what could be." * The Journal of the Civil War Era *Table of ContentsContents Acknowledgments ix Introduction: Measuring a Man 1 1. Group Think 5 2. Franklin College 11 3. Lawyer and Whig 20 4. Republican Congressman 39 5. And the War Came 66 6. The Trial of the Century 89 7. The Fourteenth Amendment 108 8. Reconstruction and Impeachment 128 9. Farewell to Washington 154 10. Ambassador 167 11. Obscurity 178 Conclusion: Legacy 185 Appendix: The Reconstruction Amendments 189 Notes 191 Bibliography 277 Index 285 About the Author 294

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Book SynopsisOutlines the successes and failures of the movement to support survivors of violenceThe Victims' Rights Movement (VRM) has been one of the most meaningful criminal justice reforms in the United States. Every state and the federal government has adopted major VRM laws to enact protections for victims and increase criminal sanctions, and the movement has received support from politicians of all backgrounds. Despite recognition of its excesses, the movement remains an important force in the criminal justice arena. The Victims' Rights Movement offers a measured overview of the successes and the failures of the VRM. Among its widely acknowledged accomplishments are expanded resources to help victims deal with trauma, greater sensitivity to sexual assault victims in many jurisdictions, and increased chances of victims receiving restitution from perpetrators of harm. Conversely, the movement has led to excessive punishment for many defendants and destruction of defendants' families. It has Trade Review"This engaging history of the Victims’ Rights Movement is both brave and indispensable." -- Susan A. Bandes, Centennial Professor of Law Emeritus, DePaul University College of Law"Vitiello has crafted a measured and compelling examination of the triumphs and pitfalls of the Victims’ Rights Movement. He furthers the conversation by urging a reframing of the movement to include policies that would address determinants of violent behavior, as well as non-legal resources for victims. This book is of significant quality." -- Joshua Dressler, Distinguished University Professor Emeritus and Professor of Law Emeritus, The Ohio State University"Drawing on data and a review of positions taken by both advocates and opponents, Vitiello provides a sobering rejoinder to the emotional appeal of the Victims’ Rights Movement. The book includes suggestions for alternatives that do not weaken the protections of the criminal legal system and is essential reading for anyone who is concerned about both victims and the problems of racism and mass incarceration that accompany current approaches to dealing with crime." -- Susan F. Mandiberg, Distinguished Professor of Law Emerita, Lewis & Clark Law School"A powerful indictment of how sympathy for crime victims was coopted by a bipartisan vengeance-based agenda that offered illusory benefits to victims while restricting rights of suspects, increasing rates of wrongful convictions, and fueling mass incarceration. Vitiello’s groundbreaking study combines close readings of headline grabbing cases with theoretical engagement, questioning the movement’s narrow definition of victimhood and its myth of closure." -- Michael H. Hoffheimer, Emeritus, University of Mississippi School of Law"Much-needed, balanced, and thorough. Vitiello offers a persuasive agenda for measures that would reduce the risks of violent crime and at the same time constructively address the needs of those who are its victims." -- Stephen J. Schulhofer, Robert B. McKay Professor of Law Emeritus, NYU School of Law"Well-researched and well-argued... Vitiello has an impressive depth of knowledge about criminal procedure and the various arguments for and against victims’ rights reforms." -- Aya Gruber, University of Colorado Law School

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Book SynopsisAn in-depth political, legal, and philosophical study into the implications of wealth inequality in modern societies.Wealth, and specifically its distribution, has been a topic of great debate in recent years. Calls for justice against corporations implicated in the 2008 financial crash; populist rallying against the one percent; distrust of the influence of wealthy donors on elections and policyall of these issues have their roots in a larger discussion of how wealth operates in American economic and political life. In Wealth a distinguished interdisciplinary group of scholars in political science, law and philosophy address the complex set of questions that relate to economic wealth and its implications for social and political life in modern societies. The volume thus brings together a range of perspectives on wealth, inequality, capitalism, oligarchy, and democracy. The essays also cover a number of more specific topics including limitarianism, US Consti

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Book SynopsisAmerican communities are facing chronic problems: fiscal stress, urban decline, environmental sprawl, mass incarceration, political isolation, disproportionate foreclosures and severe public health risks. In The Price of Paradise, David Troutt argues that it is a lack of mutuality in our local decision making that has led to this looming crisis facing cities and local governments. Arguing that there are structural flaws in the American dream, Troutt investigates the role that place plays in our thinking and how we have organized our communities to create or deny opportunity. Legal rules and policies that promoted mobility for most citizens simultaneously stifled and segregated a growing minority by race, class andmost importantlyplace. A conversation about America at the crossroads, The Price of Paradise is a multilayered exploration of the legal, economic and cultural forces that contribute to the squeeze on the middle class, the hidden dangers of growing income and wealth inequality Trade 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 SynopsisA history of the humble footnote and its impact on the highest court in the landIn May 2022, a seismic legal event occurred as the draft majority opinion in Dobbs v. Jackson Women's Health was leaked. The majority aimed to eliminate constitutional protection for abortion. Amidst the fervor, an unnoticed detail emerged: over 140 footnotes accompanied the majority opinion and dissent. These unassuming annotations held immense significance, unveiling justices' beliefs about the Constitution's essence, highlighting their controversial reasoning, and laying bare the vastly different interpretations of the role of Supreme Court Justice.The Supreme Court Footnote offers a study of the evolution of footnotes in US Supreme Court opinions and how they add to our constitutional understanding. Through a comprehensive analysis, Peter Charles Hoffer argues that as justices alter the course of history via their decisions, they import their own understandings of it

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Book SynopsisTrade Review"Norgren has assembled and rendered accessible an impressive array of pioneering women." * Women's Review of Books *"Shedding light on a little-known chapter of American history and the women who blazed the trail for today's attorneys, this will be most enjoyed by students of history, women's studies, and law, along with interested general readers." * Library Journal *"[A] conscientious history of the countrys first female lawyers...The women who went first whose stories Norgren so capably tells matter deeply to the ones who came after." -- Emily Bazelon * The Washington Post *"Rebels at the Baris not just a story of movement. It is the story of individuals and the individual sacrifice they made in order to become lawyers. Next time I have a student who complains about a B+, I plan to recite one of these stories. Success comes with nerve and sacrifice. These women had both." -- Laurie L. Levenson * LA Review of Books *"Bold, brave women with musical old-fashioned namesMyra, Clara, Belva, Lelia, Laviniaare among the subjects of this lively and readable account of the first women lawyers. Some were famous in their times, but all were forgotten until recently when female attorneys started seeking their history, and found a Boswell in Jill Norgren." -- Barbara Babcock,Judge John Crown Professor of Law, Emerita, Stanford Law School"engaging and beautifully written book" -- Ms. JD Book Series"Even after practicing law for 30 years I found this book fascinating." -- Joan M. Burda * NY Journal of Books *"Her history and biography have produced a valuable study that transcends disciplinary boundaries and should have wide appeal outside academia." * Law and Society Review *"I have read Ms. Norgren's book with profound gratitude. Being reminded of the brave, intelligent, controversial women who have broke through many barriers a good hundred years before the 1950's has been a fascinating experience." * Senior Women Web *"I read these stories of the first generation of women lawyers with awe and gratitude. We are all in their debtand in Jill Norgren's, too, for recovering this forgotten history." -- Linda Greenhouse,Knight Distinguished Journalist in Residence and Joseph M. Goldstein Senior Fellow, Yale Law School"In this pathbreaking account, Rebels at the Bar enlarges our understanding of womens entrance to the legal profession. With telling detail and lively prose, Jill Norgren profiles the courage, resilience, and challenges of Americas first women lawyers. This is a compelling story and essential reading for anyone interested in womens role in legal history." -- Deborah L. Rhode,Ernest W. McFarland Professor of Law, Stanford Law School"Intriguing and enriching, Norgrens book on the first generation of women lawyers in America offers an in-depth look at the careers of eight notable women...this intersection of legal and feminist history is unquestionably inspiring." * Publishers Weekly *"Norgren's book will appeal to readers seeking to imagine the lives and work of the earliest women in the legal profession. By portraying women lawyers as ambitious human beings with complicated personal lives and real economic needs, Norgren enables these women's histories to speak to some of our persisting questions about gender, work, family, and professionalism. The book will make a good gift for some aspiring lawyers, helping them see into the struggles of earlier generations and questioning some of their assumptions about the entry of women into the legal profession." -- Karen Leroux * Judicature *"Rebellion was not on the minds of the extraordinary, first-generation female lawyers portrayed in Jill Norgren's engaging history, Rebels at the Bar...More than just a biography, Norgren's book also provides a snapshot of legal history and the professionalization of legal practice in the United States....Norgren's thorough footnotes and extensive bibliography attest to the depth of research informing the book. She places the lives of these women in the context of nineteenth century America, where they attempted to build their practices and institute social and legal reforms." -- Christine K. Dulaney * Law Library Journal *"Norgrens stories show that the fight for womens equality can never be defined by a single, central goal, for while these womens lives were deeply entwined with the fight for suffrage, their efforts were fueled by and helped to spark reform in a wide range of social justice movements. These biographies, with all their intimate detail and individuality, also reminds us that, while feminist efforts are often characterized as a series of overarching waves, bounded by certain moments in time, the fight for equality is not propelled by some tidal force but by the resolve and practice of women and progressive men who are linked across history by their actions." * Journal of American Culture *""the stories of the lives of this first generation of women lawyers are so rich that they speak for themselves"" * The Federal Lawyer *Table of ContentsPreface 1 The Women's War 2 White Knights and Legal Knaves 3 Myra Bradwell: The Supreme Court Says No4 Lavinia Goodell: "A Sweeping Revolution of Social Order" 5 Belva A. Lockwood: The First Woman Member of the U.S. Supreme Court Bar 6 Clara Foltz's Story: Breaking Barriers in the West 7 Not Everyone Is Bold: Mary Hall and Catharine Waugh McCulloch in Conversation 8 Lelia Robinson and Mary Greene: Two Women from Boston University School of Law 9 Law as a Woman's Enterprise Epilogue Notes Select Bibliography Index About the Author

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Book SynopsisA comprehensive assessment of real gun reform legislation with recommendations for better design, implementation and enforcementA month after the Sandy Hook Elementary School shooting, New York State passed, with record speed, the first and most comprehensive state post-Sandy Hook gun control law. In The Toughest Gun Control Law in the Nation, James B. Jacobs and Zoe Fuhr ask whether the 2013 SAFE Act hailed by Governor Andrew Cuomo as the nation's toughest gun control law has lived up to its promise. Jacobs and Fuhr illuminate the gap between gun control on the books and gun control in action. They argue that, to be effective, gun controls must be capable of implementation and enforcement. This requires realistic design, administrative and enforcement capacity and commitment and ongoing political and fiscal support. They show that while the SAFE Act was good symbolic politics, most of its provisions were not effectively implemented or, if implemented, not enforced. Gun control in a sTrade ReviewThe great lesson here is that in gun policy, as in other areas, good intentions are not enough. James B. Jacobs and Zoe Fuhr provide a thorough account of how New York State’s SAFE Act, the ‘toughest gun law in the nation,’ has come up short in implementation and enforcement. This book serves as a well-informed guide to exploring the gap between aspiration and practice, and makes painfully clear that for advocates of gun violence prevention, enacting sensible regulations is just the first step. -- Philip J. Cook, co-author of The Gun Debate: What Everyone Needs to KnowThis masterful, penetrating study of the nation's strongest gun control statute does what legal sociology aspires, but often fails, to accomplish: demonstrate the gap—here, a chasm—between the law on the books and the law in action, between policymaking and policy implementation. Anyone concerned with reducing gun violence needs to absorb and act upon its wisdom. -- Peter H. Schuck, author of One Nation Divided: Clear Thinking about Five Hard Issues That Divide UsOpens up numerous questions of interest to political scientists. ... Students of public policy have a great basis for theory development in this realistic portrayal of the major limitations of our gun regulatory system. * Political Science Quarterly *

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Book SynopsisDemonstrates the importance of understanding what closure really is before naively asserting it can or has been reached.Trade Review"This 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. Naso"Clearly 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 School"Intense 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 Center"Madeira'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 SynopsisFor over a century, Congress's power to enforce the Fourteenth Amendment's guarantee of the equal protection of the laws has presented judges and scholars with a puzzle. What does it mean for Congress to enforce such a wide-ranging, open-ended provision when the Supreme Court has insisted on its own superiority in interpreting the Fourteenth Amendment? In Enforcing the Equal Protection Clause, William D. Araiza offers a unique understanding of Congress's enforcement power and its relationship to the Court's claim to supremacy when interpreting the Constitution. Drawing on the history of American thinking about equality in the decades before and after the Civil War, Araiza argues that congressional enforcement and judicial supremacy can co-exist, but only if the Court limits its role to ensuring that enforcement legislation reasonably promotes the core meaning of the Equal Protection Clause. Much of the Court's equal protection jurisprudence stops short of stating such core meaning, tTrade Review"Araizas thoughtful analysis should be read by anyone who is interested in constitutional law and, indeed American politics." * Political Science Quarterly *"This is a serious effort to reconcile Supreme Court doctrine with the original goals of the Enforcement Clause. And its well written, well argued, and eminently readable." -- Douglas Laycock,Robert E. Scott Distinguished Professor of Law, University of Virginia"Araizas book is a significant contribution to the scholarly landscape about equal protection and Congressional power, but its great accomplishment is to shed new light on the two subjects in tandem. . . . Araizas analysis is (characteristically) intelligent. He offers careful doctrinal analysis and a nuanced discussion of flaws in the Courts current approach to Congresss enforcement power. This is academic scholarship of a very high quality." -- Eric Berger,University of Nebraska College of Law"Extremely well-written, well-argued, and well-documented. Araizas prose is a delight, both accessible and sophisticated, no easy feat. . . . Anyone who writes in this area in the future will have to wrestle with Araiza'a persuasive and strong account." -- Eric J. Segall,Kathy and Lawrence Ashe Professor of Law, Georgia State University"InEnforcing the Equal Protection Clause, Araiza does a superb job of filling this literary void and bringing a measure of clarity to the subject Overall,Enforcing the Equal Protection Clauseis an engaging, education, and thought-provoking read." * Choice *"Enforcing the Equal Protection Clauseis a very significant addition to the legal texts on the equal protection clause. Araiza has highlighted some previously ignored aspects of the equal protection clause. He clearly shows it is fundamentally a constitutional issue and within the ambit of Congresss powers. This book is a must-read for both students and experts of constitutional law." * The Washington Book Review *

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Book SynopsisPriests of OurDemocracy tells of the teachers and professors whobattled the anti-communist witch hunt of the 1950s. It traces the political fortunesof academic freedom beginning in the late 19th century, both oncampus and in the courts. Combining political and legal history with wrenchingpersonal stories, the book details how the anti-communist excesses of the 1950sinspired the Supreme Court to recognize the vital role of teachers andprofessors in American democracy. The crushing of dissent in the 1950simpoverished political discourse in ways that are still being felt, and FirstAmendment academic freedom, a product of that period, is in peril today. Incompelling terms, this book shows why the issue should matter to everyone.Trade ReviewMarjorie Heins, a civil liberties lawyer and founder of the Free Expression Policy Project, tracks the collision of politics, academic freedom, free speech, and the Constitution in this dense, well-researched study . . . . This compelling study demonstrates that precedent does not guarantee indefinite protection, and every generation must fight for its freedoms. * Publishers Weekly *What is & academic freedom, and why should it deserve special protection? These questions underpin Heinss history of the efforts to police the politics of schoolteachers and university professors. As the title suggests, Heins endorses Justice Felix Frankfurters assertion that teachers are & priests of Americas democracy, requiring exceptional freedoms to exchange ideas because of their special responsibility to foster & those habits of open-mindedness and critical inquiry which alone make for responsible citizens. The book shows how this assertion, and the body of case law underpinning it, emerged in the mid-twentieth century in response to efforts by anticommunists to control the classroom. It examines lawyers, activists, and individual citizens who challenged the establishment. * Journal of American Studies *The tension between national security and individual freedoms remains today. Heins presents a fascinating perspective on how these tensions became influential in debates over academic freedom, while offering a somewhat scathing review of the high courts ability to truly lead. Heins reminds the reader that the court more often follows societal trends than pushes towards progress. * H-Net *Priests of Our Democracy is a smart, well-crafted insightful book by an especially qualified author. -- Michael Steven Smith * Against the Current *Priests of Our Democracyis rich with detailed accounts of the many ways teachers and professors have struggled to define their rights of political expression, not only in the McCarthy era but also before and since. Heins shows that academic freedom is multidimensional, and its meanings are profoundly affected by cultural and political conditions. It is a narrative that encourages us to believe that substantial progress has been made... -- Richard Flacks * The Journal of Higher Education *[A] masterpiece of legal journalism... attention-grabbing and compelling. -- Alan Wald * Society for U.S. Intellectual History blog *[Hein's] exhaustive research and meticulous analysis of Supreme Court decisions is an important addition to the growing literature on anti-Communism repression of this period....The significance of her book lies in her careful unraveling of the court's rulings on issues of academic freedom, most of them postwar Red Scare cases...This is an important and valuable book for anyone interested in the Constitutional dimension of the anti-Communism that marred the history of the mid-twentieth century U.S....Marjorie Heins has done a remarkable job. -- Steve Leberstein * Working USA *An excellent history of how the law has dealt with academic McCarthyism Anyone with a stake in education [should read this book] for not only is it a good read about an important subject, but Heins tells a cautionary tale of an extensive and durable problem of which they are probably unaware. -- Professor Andrew Feffer * History News Network *Combining the legal insights of a constitutional scholar with the archival diligence of an historian, Marjorie Heins has written the definitive study of the Supreme Courts most important academic freedom decision. Its an engrossing account of the assault on educators during the McCarthy era that should be required reading for anyone who values our increasingly endangered First Amendment rights. -- Ellen Schrecker,Professor of History, Yeshiva UniversityFact-filled, balanced, and yet thought-provoking I recommend this book to students, scholars, and citizens who care about academic freedom and about the fate of public discourse in America. I also recommend Priests of Our Democracy to those who worry that the war against terror has become in part a war against civil rights and civil liberties at home. -- Jonah Raskin * Truthout *Heins has done a more than admirable job of explaining the history of academic freedom in the United States, especially in New York state and New York City, in the twentieth century. -- Clay Calvert * Journalism & Mass Communication Quarterly *Heins juxtaposes her compelling and distressing account of the anticommunist purges that reached into the ivory towers of our colleges and universities with a chilling cautionary tale that asks whether history is repeating itself through the repressive reactions to 9/11. -- Stephen Rohde * Los Angeles Review of Books *In this insightful and illuminating history of academic freedom and the Constitution, Marjorie Heins brings to life the characters, controversies, and cases that have framed the evolution of this critical and contentious realm of American liberty. -- Geoffrey R. Stone,Edward H. Levi Distinguished Service Professor of Law, University of ChicagoIn this well-written study, civil liberties lawyer Heins pens an excellent historical account of the Cold War suppression of academic freedom in the US (at all educational levels) during the heyday of McCarthyism. -- W.T. Howard, Bloomsburg University * CHOICE *Marjorie Heins has given a human face to leading American controversies and cases about academic freedom, creatively integrating personal interviews and archival sources into her account of the developing law. -- David Rabban,University Distinguished Teaching Professor, University of Texas School of LawMarjorie Heins, a civil liberties lawyer, casts a gimlet eye on New York schools in the early 1950s, when teachers were fired merely for refusing to say whether they were communists . . . . Of course, some teachers were actually communists (and not all priests are perfect). But Ms. Heins's point, which she places in historical and contemporary context, is that 'the American political system is all too vulnerable to political repression and to demonizing the dissenter.' She makes a powerful case. -- Sam Roberts * The New York Times *The author, Marjorie Heins, is a civil-liberties lawyer who provides a meticulous examination of the course of the First Amendment through the courts and the legislation's recognition of academic freedom during the McCarthy era. She also offers a chilling chapter on the consequences for university life since September 11, 2001, and concludes with an argument for the defense of academic freedom. -- M.J. Heale * Journal of American History *Well written, thorough, and full of personal details about the subjects, this is a telling account of teachers' struggle for academic freedom in America. -- Harry Charles, St. Louis * Library Journal *With clarity and insight Marjorie Heins brings to life a part of American history often overlooked despite its importance to our democracy today. The tension between individual freedom and national security is as taut as it ever has been. We have much to learn from our earlier mistakes in yielding too readily to claims of the latter. This compelling book, which brilliantly illuminates earlier Supreme Court decisions, and the people and events behind them, is a wonderful place to begin. -- Margaret H. Marshall,former Chief Justice, Massachusetts Supreme Judicial CourtA fascinating read. Heins creatively blends social and legal history to show how the right to academic freedom was forged out of the struggles and passions of Americas worst days of political repression, and why academic freedom is more important than ever today. -- Nadine Strossen,former president, American Civil Liberties Union; professor, New York Law SchoolIt is a rare book that meets [Anthony] Lewis standard, combining sophisticated legal analysis with compelling historical narrative. Rarer still is one that successfully takes on an era, as opposed to a single case, in ways that are both informative and engaging. Marjorie Heins manages to pull off this rare feat in Priests of Our Democracy. . . . [A]n outstanding book, an engaging and insightful addition to First Amendment scholarship as well as constitutional history. -- Daniel Smith * Law and Politics Book Review *A New York City girl, born and bred, Marjorie Heins provides infectious insight into the major battles waged between New York City teachers and the city government. * American Booksellers Foundation for Free Expression *[E]xtensively researched and well-writtenThere are touching accounts of what teachers risked and what many lostThe twists and turns of Supreme Court judgements are not mystified, but explained in terms of its changing political composition and context. This ambitious book then examines some parallels and contrasts with recent sweeping & anti-terrorist legislation. * Socialist Review *Heins is a cautious analyst... she concludes her valuable study detailing how, over the last half-century, academic freedom continues to be challenged by local officials... Priests of Our Democracy... serve[s] as a reminder that Americans can't take First Amendment rights for granted. * The Brooklyn Rail *Table of ContentsIntroduction Part I: Prelude to the Deluge 1 "Sifting and Winnowing" 2 Radicalism and Reaction in the 1930s 3 Rapp-Coudert Part II: Teachers and Free Speech 4 The Board of Education and the Feinberg Law 5 Insubordination and "Conduct Unbecoming" 6 The Vinson Court Part III: The Purge Comes to Higher Education 7 The McCarran Committee and the City Colleges 8 "The Laughing-Stock of Europe" 9 The Moral Dilemma: Naming Names Part IV: The Supreme Court and Academic Freedom 10 Red Monday and Beyond 11 The Road to Keyishian 12 "A Pall of Orthodoxy over the Classroom"Part V: Politics, Repression, and the Future of Academic Freedom 13 "A Generation Stopped in Its Tracks" 14 Academic Freedom after Keyishian 15 September 11 and Beyond Conclusion Acknowledgments Notes Bibliography Index About the Author

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Book SynopsisA gripping insight into the digital debate over data ownership, permanence and policyThis is going on your permanent record! is a threat that has never held more weight than it does in the Internet Age, when information lasts indefinitely. The ability to make good on that threat is as democratized as posting a Tweet or making blog. Data about us is created, shared, collected, analyzed, and processed at an overwhelming scale. The damage caused can be severe, affecting relationships, employment, academic success, and any number of other opportunitiesand it can also be long lasting. One possible solution to this threat? A digital right to be forgotten, which would in turn create a legal duty to delete, hide, or anonymize information at the request of another user. The highly controversial right has been criticized as a repugnant affront to principles of expression and access, as unworkable as a technical measure, and as effective as trying to put the cat back in the bag. Ctrl+Z breaks dowTrade ReviewCtrl + Zargues powerfully that we should all take the advice of Googles Eric Schmidt and be more careful about how we interact with one another online. * Financial Times *[A] groundbreaking comparative work. * Harvard Law Review *The legal and moral implications require a rethinking of much of what we take for granted, and Jones is plugged in to many of the conversations. * Inside Higher Ed *Meg Leta Jones is the preeminent American scholar of the Right to Be Forgotten, a concept born in Europe. This fascinating book is a must-read for anyone, American or European alike, vexed about what to do (or not to do) about the persistence of memory online. -- Paul Ohm,Georgetown UniversityThe so-called 'right to be forgotten' has become a firestorm of controversy in todays Digital Age. Should individuals have a right to have data about themselves deleted or made more obscure? With great thoughtfulness and insight, Meg Leta Joness Ctrl + Z explores the right to be forgotten, avoiding the exaggerations and dispelling the myths that often appear in debates about the issue. Fascinating and accessible, Ctrl + Z addresses all dimensions of the right to be forgottenthe law of different countries, the nature of the technology, and the arguments on each side. The result is a truly unforgettable book that grapples with the right to be forgotten with great nuance and erudition. -- Daniel J. Solove,John Marshall Harlan Research Professor of Law, George Washington UniversityIn language accessible to non-specialists, enriched by an interdisciplinary outlook and a plethora of examples and case law, Jones draws on legal cultures, international feasibility and interoperability and detailed information about the information about the information life cycle, and argues that both approaches, favouring and opposing the right to be forgotten, take only a partial view on the matter. -- Stefania Milan * Times Higher Education *[T]he books strength is its ability to inspire, and that is what makesCtrl + Za pleasure to read. In proposing the idea of information stewardship, it may give us some guidance towards a solution to this complex and controversial policy issue. * The London School of Economics' "United States Politics and Policy" blog *A crucial question in the digital age is whether society will reclaim our ability to forget. The right to be forgotten raises important questions of free speech, privacy, reputation, and dignity. Jones's book wrestles with these questions with rigor. An indispensable read for those interested in exploring the pressing issue of reinvention in an era when networked tools do not forget. -- Danielle Keats Citron,Lois K. Macht Research Professor, University of MarylandIn this timely and provocative book, Meg Jones takes on one of the most pressing issues of the digital agemust everything about us be permanently stored or is there room in our society and legal system for a 'right to be forgotten?' Jones great contribution is to cut through the rhetoric and extremism to chart a middle path: one in which we can have privacy and freedom of speech, in which we can access information without being constantly under the microscope ourselves. A must-read book for anyone interested in the Internet, privacy, or freedom of speech. Ctrl + Z is sophisticated yet readable, scholarly yet contemporary, and an essential contribution to how we think about rights of deletion in a digital age. -- Neil Richards,Washington University in St. Louis[CTRL+Z] advocates that online privacy is a pressing issue, but the United States government just keeps procrastinating on the matter. As important as the issue is, it just doesn't appear to be on many people's minds--yet. * Popmatters.com *Meg Leta Jones, an assistant professor at Georgetown University, is one of the more interesting observers of the web and the persistence of its content. * ZDNet.com *[B]y laying out the terrain so thoughtfully, and highlighting the concepts that should guide our actions, Jones has created the groundwork for a much needed conversation on the profound problem of permanent digital ballasts in the 21st century. * The New York Times Book Review *

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Book SynopsisReveals America's long history of making both naturalized immigrants and native-born citizens un-American after stripping away their citizenship Expatriation, or the stripping away citizenship and all the 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. Yet these practices are not just a product of undemocratic events or extreme situations, but are standard clauses within the legal systems of most democratic states, including the United States. Witness, for example, Yaser Esam Hamdi, captured in Afghanistan in November 2001, sent to Guantánamo, transferred to a naval brig in South Carolina when it was revealed that he was a U.S. citizen, and held there without trial until 2004, when the Justice Department released Hamdi to Saudi Arabia without charge on the condition that he 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 gripping insight into the digital debate over data ownership, permanence and policyThis is going on your permanent record! is a threat that has never held more weight than it does in the Internet Age, when information lasts indefinitely. The ability to make good on that threat is as democratized as posting a Tweet or making blog. Data about us is created, shared, collected, analyzed, and processed at an overwhelming scale. The damage caused can be severe, affecting relationships, employment, academic success, and any number of other opportunitiesand it can also be long lasting. One possible solution to this threat? A digital right to be forgotten, which would in turn create a legal duty to delete, hide, or anonymize information at the request of another user. The highly controversial right has been criticized as a repugnant affront to principles of expression and access, as unworkable as a technical measure, and as effective as trying to put the cat back in the bag. Ctrl+Z breaks dowTrade ReviewCtrl + Zargues powerfully that we should all take the advice of Googles Eric Schmidt and be more careful about how we interact with one another online. * Financial Times *[A] groundbreaking comparative work. * Harvard Law Review *The legal and moral implications require a rethinking of much of what we take for granted, and Jones is plugged in to many of the conversations. * Inside Higher Ed *Meg Leta Jones is the preeminent American scholar of the Right to Be Forgotten, a concept born in Europe. This fascinating book is a must-read for anyone, American or European alike, vexed about what to do (or not to do) about the persistence of memory online. -- Paul Ohm,Georgetown UniversityThe so-called 'right to be forgotten' has become a firestorm of controversy in todays Digital Age. Should individuals have a right to have data about themselves deleted or made more obscure? With great thoughtfulness and insight, Meg Leta Joness Ctrl + Z explores the right to be forgotten, avoiding the exaggerations and dispelling the myths that often appear in debates about the issue. Fascinating and accessible, Ctrl + Z addresses all dimensions of the right to be forgottenthe law of different countries, the nature of the technology, and the arguments on each side. The result is a truly unforgettable book that grapples with the right to be forgotten with great nuance and erudition. -- Daniel J. Solove,John Marshall Harlan Research Professor of Law, George Washington UniversityIn language accessible to non-specialists, enriched by an interdisciplinary outlook and a plethora of examples and case law, Jones draws on legal cultures, international feasibility and interoperability and detailed information about the information about the information life cycle, and argues that both approaches, favouring and opposing the right to be forgotten, take only a partial view on the matter. -- Stefania Milan * Times Higher Education *[T]he books strength is its ability to inspire, and that is what makesCtrl + Za pleasure to read. In proposing the idea of information stewardship, it may give us some guidance towards a solution to this complex and controversial policy issue. * The London School of Economics' "United States Politics and Policy" blog *A crucial question in the digital age is whether society will reclaim our ability to forget. The right to be forgotten raises important questions of free speech, privacy, reputation, and dignity. Jones's book wrestles with these questions with rigor. An indispensable read for those interested in exploring the pressing issue of reinvention in an era when networked tools do not forget. -- Danielle Keats Citron,Lois K. Macht Research Professor, University of MarylandIn this timely and provocative book, Meg Jones takes on one of the most pressing issues of the digital agemust everything about us be permanently stored or is there room in our society and legal system for a 'right to be forgotten?' Jones great contribution is to cut through the rhetoric and extremism to chart a middle path: one in which we can have privacy and freedom of speech, in which we can access information without being constantly under the microscope ourselves. A must-read book for anyone interested in the Internet, privacy, or freedom of speech. Ctrl + Z is sophisticated yet readable, scholarly yet contemporary, and an essential contribution to how we think about rights of deletion in a digital age. -- Neil Richards,Washington University in St. Louis[CTRL+Z] advocates that online privacy is a pressing issue, but the United States government just keeps procrastinating on the matter. As important as the issue is, it just doesn't appear to be on many people's minds--yet. * Popmatters.com *Meg Leta Jones, an assistant professor at Georgetown University, is one of the more interesting observers of the web and the persistence of its content. * ZDNet.com *[B]y laying out the terrain so thoughtfully, and highlighting the concepts that should guide our actions, Jones has created the groundwork for a much needed conversation on the profound problem of permanent digital ballasts in the 21st century. * The New York Times Book Review *

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Book SynopsisAn introduction to the anthropology of law that explores the connections between law, politics, and technologyFrom legal responsibility for genocide to rectifying past injuries to indigenous people, the anthropology of law addresses some of the crucial ethical issues of our day. Over the past twenty-five years, anthropologists have studied how new forms of law have reshaped important questions of citizenship, biotechnology, and rights movements, among many others. Meanwhile, the rise of international law and transitional justice has posed new ethical and intellectual challenges to anthropologists. Anthropology and Law provides a comprehensive overview of the anthropology of law in the post-Cold War era. Mark Goodale introduces the central problems of the field and builds on the legacy of its intellectual history, while a foreword by Sally Engle Merry highlights the challenges of using the law to seek justice on an international scale. The book's chapters cover a range of intersecting aTrade ReviewMark Goodale has written a comprehensive account that encompasses most of what legal anthropology has brought to the academic fore since the early 1990s. That in itself is an important achievement, because such an overview has not yet been given in the form of a book — and such books consolidate sub-disciplines in the eye of the academic community. But Mark Goodale has aspired for more than just a solid overview. His book is a plea for the relevance of the anthropological investigation of law not as an end in itself, but to enable the discipline to contribute — empirically grounded in the analysis of living legal pluralism — to a theory of the relationship of cosmopolitanism and the rule of law in globalized capitalism. As such, Goodale argues for an anthropology of law that is at the heart of the discipline. The fact that he argues his case well, makes this book an important read for anthropologists as well as for all those interested in the law. -- Zeitschrift für RechtssoziologieAn updated introduction and overview of the field of legal anthropology is long overdue and Anthropology and Law will be welcome in many quarters. Goodale has done a service to the discipline and his volume is likely to become a classic text, required reading in a variety of courses, and a touchstone for years to come. -- Rosemary Coombe,Tier One Canada Research Chair in Law, Communication and Culture, York University, Toronto, CanadaBy offering a personal account of the interdisciplinary nexus of anthropology and law, Goodale offers something more than an overview of a sub-discipline. He provides insight into (and through) a personal quest for knowledge, premised on breaking down the boundaries that regularly divide disciplines, realms of practice, and schools of thought. Goodale offers intellectual history, social theory, and politico-legal analysis in an accessible overview of a field that, in his hands, returns to the most ambitious questions of our time, the place of law in social development, political transition, protection of the dispossessed and marginalized, and, the ultimate anthropological question, how identity is shaped, how law influences who we are and how we belong. -- Ronald Niezen,Department of Anthropology and Faculty of Law, McGill UniversityIn Anthropology and Law, Mark Goodale elucidates how anthropology detaches the concept of law from its western moorings and takes a global perspective on the various ways that societies resolve disputes, enforce social norms, regulate power and authority and articulate ideas of the person. Goodales sparkling prose and brilliant analysis of the history and most recent developments in legal anthropology will appeal to experts and students alike. -- Richard Ashby Wilson,Professor of Anthropology and Law, University of ConnecticutMark Goodale uses a global palette to paint a vivid and accessible account of what contemporary anthropologists have to say about law as meaning, regulation and identity. If, as might be expected, his discussion of human and cultural rights is particularly convincing, the overall thesis of the path to legal cosmopolitanism and beyond is a stimulating contribution in its own right. -- David Nelken,Professor of Comparative & Transnational Law in Context, King's College LondonMark Goodales Anthropology and Law is a bold, exhilarating excursion into what he calls the 'new legal anthropology,' a largely post-Cold War anthropology much broader in scope, much more historically situated in contemporary world-making, much more theoretically agile, than its classical" predecessor/s. While it is self-confessedly idiosyncratic in its coverage and its readings of the capacious literatures that it addresses, it provokes us to think of law, anthropologically, from fresh and freshly critical angles. This is a gem of a book to think and teach with not surprising, perhaps, since it had its inspirational fons et origo in a masters thesis on the history and theory of legal anthropology written by Mark Goodale in the same (ghostly?) chair in the British Library from which, it is said, Marx wrote Das Kapital. -- John Comaroff,Hugh K. Foster Professor of Anthropology, African and African American Studies, Harvard UniversityMark Goodale's Anthropology and Law is simultaneously an introduction to the field and a sophisticated exploration of recent developments in legal anthropology that is sure to spark interest among experts in the area. It combines an erudite review of the history of the field with a creative and thoughtful synthesis that inventively maps emerging scholarship. -- Elizabeth Mertz,Senior Research Faculty, American Bar FoundationAnthropology and Law presents a much needed recent history of the field, focusing on its shifting contours and concerns in a post-Cold War era. It shows how tensions and debates amongst scholars have fueled theoretical innovation and moved research forward in productive ways. Rich in illustrative case studies and encompassing in theoretical depth and breadth, the book shows the importance of grounded real-world ethnographic scholarship to better understand the legal complexities of our current age. -- Eve Darian-Smith,author of Laws and Societies in Global Contexts: Contemporary ApproachesThis is an impressive and original achievement in terms of the synthesis and programmatic outlook it provides. * Sociologus *

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Book SynopsisA New Juvenile Justice System aims at nothing less than a complete reform of the existing system: not minor change or even significant overhaul, but the replacement of the existing system with a different vision. The authors in this volumeacademics, activists, researchers, and those who serve in the existing systemall respond in this collection to the question of what the system should be. Uniformly, they agree that an ideal system should be centered around the principle of child well-being and the goal of helping kids to achieve productive lives as citizens and members of their communities. Rather than the existing system, with its punitive, destructive, undermining effect and uneven application by race and gender, these authors envision a system responsive to the needs of youth as well as to the community's legitimate need for public safety. How, they ask, can the ideals of equality, freedom, liberty, and self-determination transform the system? How can we improvTrade ReviewIt is beyond debate that our juvenile justice system is badly broken. The U.S. incarcerates more children than any other nation in the world. In this volume Nancy Dowd brings together the best minds in the study of juvenile justice reform to collaborate in exploring solutions. A New Juvenile Justice System is both sobering and inspiring. It takes us beyond the problems of today and gives us reason to hope for a better tomorrow for all of our children. -- Barbara Bennett Woodhouse,L. Q. C. Lamar Professor of Law, Emory UniversityThe anthology that Nancy Dowd has created speaks to the hard truths and reality of the Juvenile Justice System as we know it and what we would like it to bea system that truly embraces individualized justice, fairness, equity, and the developmental needs of our system-involved youth. Dowd has done a masterful job of weaving together articles from key leaders in the juvenile justice and related fields in a way that creates a level of clarity and understanding that both challenges and inspires those who work in the field to do better for all of our youth and their families, regardless of race, ethnicity, and gender. -- Shay Bilchik,Georgetown UniversityThe juvenile justice system is too punitive, too focused on detention, and too wedded to old folk wisdom that ignores recent scientific advances in understanding and treating antisocial behavior. This book is chockfull of innovative ideas, presented by a highly interdisciplinary and highly expert group of authors, for reforming the juvenile justice system, both substantively and procedurally. It makes a strong case for the proposition that juvenile justice should be aimed at treating all children the way we would want our children to be treated. -- Christopher Slobogin,Milton Underwood Professor of Law, Vanderbilt University Law SchoolWe know that the juvenile justice system is destructive, that it damages the children it is meant to help without making our communities safer. This compelling and innovative collection offers us a powerful new vision of a system that is focused on child well being, that serves both youth and community needs for safety and helps our youths develop into productive adults. -- Nell Bernstein,author of All Alone in the WorldThe juvenile justice system and discussions of reform remain pressing contemporary issues; Dowd has edited a thought-provoking book on how to change, modify, or even overhaul the juvenile justice system in the US * Choice *This book should appeal to a number of different types of readers. It is a timely and important contribution in shedding light on the various prevention, intervention, and rehabilitative mechanisms surrounding the juvenile justice system. * Criminal Law and Criminal Justice Books *[A] blueprint for addressing the mounting failures of ourjuvenile justice system. * Journal of Youth and Adolescence *[T]his new volume lays out a thorough and well thought out blueprint for a complete reform of the existing juvenile justice system...A thought-provoking work aimed at policy makers, this volume is the source for some appalling statistics and sad stories, but optimistically imagines a system that invests in the potential rather than the incarceration of the next generation. * VOYA *Table of ContentsContents Part I. Setting the Agenda 1. Child Well-Being: Toward a Fair and Equitable Public Safety Strategy for the New Century 23 James Bell Part II. Core Components 2. A Silent Sea Change: The Deinstitutionalization Trend in Juvenile Justice 47 Bart Lubow 3. Starting from a Different Place: The Missouri Model 63 Tim Decker 4. Doing Things Differently: Education as a Vehicle for Youth Transformation and Finland as a Model for Juvenile Justice Reform 86 Peter E. Leone 5. Delinquency, Due Process, and Mental Health: Presuming Youth Incompetency 104 David R. Katner Part III. Essential Perspectives 6. Why Should We Treat Juvenile Offenders Differently than Adults? It's Not Because the Pie Isn't Fully Baked! 129 Mark R. Fondacaro viii | Contents 7. Lost in Translation No More: Marketing Evidence-Based Policies for Reducing Juvenile Crime 139 Richard E. Redding 8. Building on Advocacy for Girls and LGBT Youth: A Foundation for Liberatory Laws, Policies, and Services for All Youth in the Juvenile Justice System 156 Barbara Fedders

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Book SynopsisThe Technoscientific Witness of Rape is the first book to chart the thirty-year history of the sexual assault evidence kit and its role in a criminal justice system that re-victimizes many assault victims in their quest for medical treatment and justice.Table of ContentsList of Figures Acknowledgements Epigraph * Introduction: Diffracting the Technoscientific Witness * Inscriptions of Doubt: Law, Anti-Rape Activism, and the Early SAEK * Stabilizing the SAEK: Controversies in Practice, Advocacy, and Expertise * Assembling the Genetic Technoscientific Witness: Visions of Justice, Safety, and the Stranger Rapist * Instability Within: The Technoscientific Witness in Contemporary Practice * Reassembling Technoscience: Troubled Pasts and Imagined Futures Appendix: Interview Sample References Notes

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Book SynopsisHelter-Shelter is an ethnographic account of the manner in which an emergency shelter is governed on a daily basis, from the perspective of the personnel who are employed and tasked with providing care.Table of ContentsList of Figures (Illustrations) Acknowledgements 1. Introduction 2. Locating the Shelter, Locating an Ethic of Care 3. An Inside (and, Closer) Look at the Shelter: Spatial Tactics and the Aesthetics of an Ethic of Care 4. From the Mundane to the Chaotic: The (Un)Making of an Ethic of Care 5. The Securitization of an Ethic of Care and the Administration of Chaos 6. Gendered Security and a Gendered Ethic of Care 7. The Logic of Legality and Administration of Chaos 8. From the Laughable to the Ridiculous: The Example of 'Zero-Tolerance' 9. Conclusion Epilogue Appendix Bibliography Notes

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Book SynopsisPublic Security in Federal Polities offers a broad comparative review of constitutional, institutional, and legislative frameworks that inform public security across nine federations, and the implications that follow for institutional design, public administration, and public policy.Table of Contents1. Introduction CHRISTIAN LEUPRECHT (Royal Military College), TODD HATALEY (Royal Military College), and MARIO KÖLLING (National Distance Education University) 2. Public Security and Federalism in Brazil KAI MICHAEL KENKEL (Pontifical Catholic University of Rio de Janeiro) 3. Canada TODD HATALEY (Royal Military College) and CHRISTIAN LEUPRECHT (Royal Military College) 4. Germany KLAUS STÜWE (Eichstaedt University) 5. Public Security in the Indian Union AJAY K. MEHRA (Centre for Public Affairs) 6. Mexico EDGAR MOHAR (former Secretary of Citizen Security and Safety for the State of Queretaro) 7. South Africa NICO STEYTLER (University of the Western Cape) and LUKAS MUNTINGH (Civil Society Prison Reform Initiative) 8. Spain MARIO KÖLLING (National Distance Education University) 9. Public Security and Safety according to Swiss Federalism MARKUS MOHLER (University of St. Gallen) and RAINER SCHWEIZER (University of St. Gallen) 10. Public Security in the United States of America: Challenges to Federalism from an All-Hazards Perspective RICHARD KILROY JR. (Coastal Carolina University) 11. Conclusion CHRISTIAN LEUPRECHT (Royal Military College) and MARIO KÖLLING (National Distance Education University)

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Book SynopsisA Conviction in Question follows the foundational and controversial trial of Thomas Lubanga Dyilo, a murderer whose trial is paramount in tracing the rapid evolution of international law.Trade Review"Freedman speaks directly with various participants in the trial and details events inside the courtroom… Readers will find themselves in the courtroom of the first ever international court and see how law is made." -- W.R. Pruitt * Choice Magazine vol 55:10:2018 *Table of ContentsMap of Ituri in the Democratic Republic of the Congo Introduction A Note on Dialogue 1. The Way to Bunia 2. Museveni’s Divide and Plunder 3. Under Siege 4. From All Hell to The Hague 5. Low Lying Fruit 6. The End Before the Beginning 7. The First Witness 8. A Child Soldier in the Chamber Wars 9. The Paladin, The Warrior and His Lordship 10. Witness from The Front Lines 11. Muting the Victims 12. Lies, All Lies 13. Under the Judge’s Skin 14. Disorder in The Court 15. Sexual Violence 16. A Dubious Conviction Afterword References

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Book SynopsisIn 1984, the Sexual Assault Evidence Kit (SAEK) was dubbed Ontario’s most successful rapist trap. Since then, the kit has become the key source of evidence in the investigation and prosecution of sexual assault as well as a symbol of victims’ improved access to care and justice. Unfortunately, the SAEK has failed to live up to these promises. The Technoscientific Witness of Rape is the first book to chart the thirty year history of the sexual assault evidence kit and its role in a criminal justice system that re-victimizes many assault victims in their quest for medical treatment and justice. Drawing on actor-network theory and feminist technology studies, Andrea Quinlan combs through sixty-two interviews with police, nurses, scientists, and lawyers, as well as archival records and legal cases to trace changes in sexual assault forensics, law, advocacy, and anti-violence activism in Ontario. Through this history Quinlan bravely and provocatively argues thTable of ContentsList of Figures Acknowledgements Epigraph * Introduction: Diffracting the Technoscientific Witness * Inscriptions of Doubt: Law, Anti-Rape Activism, and the Early SAEK * Stabilizing the SAEK: Controversies in Practice, Advocacy, and Expertise * Assembling the Genetic Technoscientific Witness: Visions of Justice, Safety, and the Stranger Rapist * Instability Within: The Technoscientific Witness in Contemporary Practice * Reassembling Technoscience: Troubled Pasts and Imagined Futures Appendix: Interview Sample References Notes

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Book SynopsisEntangled Territorialities offers vivid ethnographic examples of how Indigenous lands in Australia and Canada are tangled with governments, industries, and mainstream society. Most of the entangled lands to which Indigenous peoples are connected have been physically transformed and their ecological balance destroyed. Each chapter in this volume refers to specific circumstances in which Indigenous peoples have become intertwined with non-Aboriginal institutions and projects including the construction of hydroelectric dams and open mining pits. Long after the agents of resource extraction have abandoned these lands to their fate, Indigenous peoples will continue to claim ancestral ties and responsibilities that cannot be understood by agents of capitalism. The editors and contributors to this volume develop an anthropology of entanglement to further examine the larger debates about the vexed relationships between settlers and indigenous peoples over the meaning, knowledge, anTable of ContentsForeword John Borrows 1. Knowing and Managing the Land: The Conundrum of Coexistence and Entanglement Fran oise Dussart and Sylvie Poirier 2. Dialogues on Surviving: Eeyou Hunters' Ways of Engaging Developers and Eeyou Youth Harvey A. Feit 3. The Endurance of Relational Ontology: Encounters between Eeyouch and Sport Hunters Colin H. Scott 4. Australia's Indigenous Protected Areas: Resistance, Articulation and Entanglement in the Context of Natural Resource Management Frances Morphy 5. Mediation between Indigenous and Non-Indigenous Knowledge Systems: Another Analysis of "two-way" Conservation in Northern Australia Elodie Fache 6. Cultural Politics of Land and Animals in Treaty Eight Territory (Northern Alberta, Canada) Clinton N. Westman 7. Entanglements in Coast Salish Ancestral Territories Brian Thom 8. Transmission of Knowledge, Clans and Lands among the Yolnu (Northern Territory, Australia) Sachiko Kubota 9. Alien relations: Ecological and Ontological Dilemmas Posed for Indigenous Australians in the Management of "Feral" Camels on their Lands Petronella Vaarzon-Morel 10. Nehirowisiw Territoriality: Negotiating and Managing Entanglement and Co- existence. Sylvie Poirier 11. Is There a Role for Anthropology in Cultural Reproduction? Maps, Mining and the 'Cultural Future' in Central Australia Nicolas Peterson Afterword Michael Asch Contributors

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Book SynopsisHelter-Shelter is an ethnographic account of the manner in which an emergency shelter is governed on a daily basis, from the perspective of the personnel who are employed and tasked with providing care. Prashan Ranasinghe focuses on how the founding ethos of the shelter, an ethic of care, is conceptualized and practiced by examining its successes and failures. Ranasinghe reveals how this logic is diluted and adulterated because of two other important logics, security and legality, which, working alongside, take precedence and trump the import of care. The care that is deployed is heavily legalized and securitized and it is also administered inconsistently and idiosyncratically. As a result, disorder and confusion pervade the shelter. Helter-Shelter offers a unique perspective on the delivery of care, and how this laudable intention faces such daunting challenges.Table of ContentsList of Figures (Illustrations) Acknowledgements 1. Introduction 2. Locating the Shelter, Locating an Ethic of Care 3. An Inside (and, Closer) Look at the Shelter: Spatial Tactics and the Aesthetics of an Ethic of Care 4. From the Mundane to the Chaotic: The (Un)Making of an Ethic of Care 5. The Securitization of an Ethic of Care and the Administration of Chaos 6. Gendered Security and a Gendered Ethic of Care 7. The Logic of Legality and Administration of Chaos 8. From the Laughable to the Ridiculous: The Example of 'Zero-Tolerance' 9. Conclusion Epilogue Appendix Bibliography Notes

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Book SynopsisIn recent decades, indigenous peoples in the Yukon have signed land claim and self-government agreements that spell out the nature of government-to-government relations and grant individual First Nations significant, albeit limited, powers of governance over their peoples, lands, and resources. Those agreements, however, are predicated on the assumption that if First Nations are to qualify as governments at all, they must be fundamentally state-like, and they frame First Nation powers in the culturally contingent idiom of sovereignty. Based on over five years of ethnographic research carried out in the southwest Yukon, Sovereignty’s Entailments is a close ethnographic analysis of everyday practices of state formation in a society whose members do not take for granted the cultural entailments of sovereignty. This approach enables Nadasdy to illustrate the full scope and magnitude of the cultural revolution that is state formation and expose the culturally specifiTrade Review"In Sovereignty’s Entailments, Paul Nadasdy leverages an impressive array of scholarship from political theory, Indigenous studies and anthropology to caution against the widespread embrace of "Indigenous sovereignty" as the best vehicle for Indigenous empowerment especially in Canada’s Yukon Territory." -- Danielle DiNovelli-Lang, Carleton University * Anthropologica, vol 61 *Table of ContentsIntroduction: First Nation State Formation 1. Sovereignty 2. Territory 3. Citizenship 4. Nation 5. Time Conclusion: Against Sovereignty

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Book SynopsisGood Judgment, based upon the author''s experience as a lawyer, law professor, and judge, explores the role of the judge and the art of judging. Engaging with the American, English, and Commonwealth literature on the role of the judge in the common law tradition, Good Judgment addresses the following questions: What exactly do judges do? What is properly within their role and what falls outside? How do judges approach their decision-making task? In an attempt to explain and reconcile two fundamental features of judging, namely judicial choice and judicial discipline, this book explores the nature and extent of judicial choice in the common law legal tradition and the structural features of that tradition that control and constrain that element of choice. As Sharpe explains, the law does not always provide clear answers, and judges are often left with difficult choices to make, but the power of judicial choice is disciplined and constrained and judges are noTrade Review"Good Judgment: Making Judicial Decisions, by the Canadian jurist and legal academic Robert J. Sharpe, represents a refreshing and deeply thoughtful departure from binary arguments about how and why judges make decisions." -- U.S. District Judge Jeremy Fogel * Law 360, August 31, 2018 *Table of Contents1. Introduction 2. A Judge’s Work 3. Is the Law Uncertain? 4. Do Judges Make Law? 5. Rules, Principles and Policies 6. Disciplined Judicial Decision-Making 7. Working with Precedent 8. Authority: What Counts? 9. Judicial Decision Making: A Case Study 10. Standard of Review and Discretion 11. Role of the Judge in a Constitutional Democracy 12. A Judicial State of Mind

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Book SynopsisThrough careful analyses of notable cases from Canada, the United States, and the United Kingdom, Greig Henderson analyses how the rhetoric of storytelling often carries as much argumentative weight within a judgement as the logic of legal distinctions.Trade Review‘Creating Legal Worlds provides valuable insights into the role narrative takes in judgement writing… this book provides a reminder that the best story does not always match the law.’ -- Allison Graham * Saskatchewan Law Review vol 79:2016 *‘Creating Legal Worlds provides valuable insight into the role narrative takes in judgement writing… Litigators will receive insight as to how to frame their arguments but this book provides a reminder that the best story does not always match the law.’ -- Allison Graham * Saskatchewan Law Review vol 79:2016 *‘I recommend Henderson’s book to legal historians as a salutary perspective-shift in which they will find much that is new and much that is “familiar, yet somehow strange” – and worth thinking about.’ -- Angela Fernandez * Jotwell: The Journal of Things we Like (LOTS) March2016 *‘This intriguing book provides an important understanding of legal writing—whether on the part of lawyers, judges, or police officers who are writing reports—and how to conceptualize and analyze it.’ -- G.C. David * Choice Magazine vol 53:07:2016 *Table of ContentsIntroduction 1. The Cost of Persuasion: Figure, Story, and Eloquence in the Rhetoric of Judicial Discourse 2. Pure and Impure Styles: Formalism and Pragmatism in the Language of Decision Writing 3. The Perils of Analogy: Legal World-Making and Judicial Self Fashioning in Palsgraf v. Long Island Railroad 4. Murder, They Wrote: The Rhetoric of Causation in the Language of the Law 5. Narrative Theory and the Art of Judgment: The Anatomy of a Supreme Court Decision 6. The Look in his Eyes: Rusk v. State, State v. Rusk 7. Rhetoric, Philosophy, and Law Postscript: Rhetoric, Postmodernism, and Scepticism

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Book SynopsisThis is the second volume in a series which has been founded by the Faculty of Law in the University of Western Ontario as a forum for presentation of research in law and related social sciences. The primary object of the series is to promote collaboration between lawyers, social scientists, juristic philosophers, and others who are interested in exploring social values, processes, and institutions. In the present volume the Editorial Committee continues its policy of presenting papers public law and public aspects of private law, jurisprudence, and associated philosophy, constitutionalism, and juridicial international questions. The volume opens with a far-reaching comparative study of mental incapacity in criminal law by the First Lady of American criminal law. This is followed by a much needed factual discussion of law and morals. The remaining essays, apart from a short note on narcotic drug addiction, consider various aspects of current problems in international law, the study of

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Book SynopsisThis co-operative venture by thirty-eight leading Canadian lawyers, jurists, and scholars is the first published survey on a major scale to cover nearly all aspects of Canadian relations with international organization. In recent years active Canadian involvement in controversies exercising major intergovernmental organizations and raising complex questions of international law has burgeoned to the point that Canada's role often far exceeds what might normally be expected of a middle power with a limited population. In some cases Canada has taken a leading part comparable to the major powers. This Canadian activity, variously applauded as creative or rejected as dangerous, is reviewed and assessed in these pages. More than a factual recitation of events, this volume attempts to explain why the Candian approach developed as it did and what factors, or patterns, are exerting perceivable influences on the prsent shaping of policy. Unusual in the vast scopt of the subject matter, t

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Book SynopsisThis collection of essays covers a broad spectrum of Canadian problems in public law. The contributors have prepared the volume in honour of Dean Emeritus F.C. Cronkite of the College of Law at the University of Saskatchewan. All former students of Professor Cronkite, they include some of the most eminent scholars and lawyers in the field. The Honourable W.R. Jackett has contributed an essay on the foundations of Canadian law in history and theory, E.A. Driedger writes on the Canadian Bill of Rights, E.A. Tollefson’s tpic is freedom of the Press, and B.L. Strayer’s essay is on Crown immunity and the power of judicial review. The remaining four essays are: a discussion of judicial review of proceedings of administrative tribunals, by the Honourable M.J. Woods, a discussion of the legislative power to create corporate bodies and public monopolies, by Dean Lederman, a discussion by D.G. Blair, of the dilemma posed by the questions of combines, and a suggestion for a solut

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Book SynopsisThe study of Canadian legal history has seen a remarkable growth in the past decade, nowhere more so than in Atlantic Canada. Given its early settlement and some of the liberties taken with legal procedure there - as well as some creative interpretations of English law – the region is ripe for close study in the legal history field. This new collection examines that history on 'two islands:' Newfoundland and Prince Edward Island. The essays examine legal themes, developments, and disputes, and offer a framework for comparing ways of administering justice through the courts in the eighteenth and nineteenth centuries. The cases examined are particularly interesting for the light they throw on legal process and, especially, on the motives of the parties. Unlike in contemporary England and Upper Canada, the English precedents gave way to local needs as equitable regimes emerged that put family and community interests first, and treated all members of the family in ways tailore

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Book SynopsisProblems of constitutional interpretation have many faces, but much of the contemporary discussion has focused on what has come to be called originalism. The core of originalism is the belief that fidelity to the original understanding of the Constitution should constrain contemporary judges. As originalist thinking has evolved, it has become clear that there is a family of originalist theories, some emphasizing the intent of the framers, while others focus on the original public meaning of the constitutional text. This idea has enjoyed a modern resurgence, in good part in reaction to the assumption of more sweeping power by the judiciary, operating in the name of constitutional interpretation. Those arguing for a living Constitution that keeps up with a changing world and changing values have resisted originalism. This difference in legal philosophy and jurisprudence has, since the 1970s, spilled over into party politics and the partisan wrangling over court appointments from appelTrade ReviewIn their new book, Lawrence Solum and Robert Bennett build state-of-the-art cases for the two main schools of constitutional interpretation. Each contributes a generous essay presenting the merits of his own approach and offering a thoughtful rebuttal to the other's argument. If you’ve been seeking a concise introduction to the central debate in American constitutional theory, this is the book for you. -- Gerald J. Russello * City Journal *Solum and Bennett have produced a valuable book, particularly for students unfamiliar with the originalism versus 'living Constitution' debate and the literature it has spawned.... Rather than rehash their theoretical differences, the debaters thoughtfully weigh each other's arguments and acknowledge common ground, particularly regarding the limits of originalism in times of political or moral crisis and, more generally, the use of precedent in judicial interpretation.... This is an excellent resource; it includes an outstanding bibliography, and the authors discuss most of the true classics and key scholars in the field of constitutional interpretation. Summing up: Highly recommended. * Choice *Table of ContentsPrefaceWe Are All Originalists Now Lawrence B. Solum What Is Originalism? Should We Be Originalists? Originalism and Living ConstitutionalismOriginalism and the Living American Constitution Robert W. Bennett Originalism and Living Constitutionalism Wrestling with the Troubles of Originalism Implications for Living Constitutionalism Living with a Living Constitution The Failure of Originalism as RestraintLiving with Originalism A Response by Lawrence B. Solum Can Original Meaning Constrain? The Levels-of-Generality Pseudoproblem The Role of Values in Constitutional Construction Dead Hands Transitions and Precedent Original Intent Revisited Originalism and PoliticsAre We All Living Constitutionalists Now? A Response by Robert W. Bennett The Interpretive Role of Nonoriginalism in Solum's Scheme Extent of Liveliness in Solum's Constitutional Law and Bennett’s Normative Choices in Interpretation Ordinary or Technical Meaning The Limits of Constraint Based on LanguageNotes Suggested Readings Index

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Book SynopsisWhat does it mean to be responsible for our actions? In this brief and elegant study, Giorgio Agamben traces our most profound moral intuitions back to their roots in the sphere of law and punishment. Moral accountability, human free agency, and even the very concept of cause and effect all find their origin in the language of the trial, which Western philosophy and theology both transform into the paradigm for all of human life. In his search for a way out of this destructive paradigm, Agamben not only draws on minority opinions within the Western tradition but engages at length with Buddhist texts and concepts for the first time. In sum, Karman deepens and rearticulates some of Agamben's core insights while breaking significant new ground.

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Book SynopsisThe Poverty of Privacy Rights makes a simple, controversial argument: Poor mothers in America have been deprived of the right to privacy. The U.S. Constitution is supposed to bestow rights equally. Yet the poor are subject to invasions of privacy that can be perceived as gross demonstrations of governmental power without limits. Courts have routinely upheld the constitutionality of privacy invasions on the poor, and legal scholars typically understand marginalized populations to have "weak versions" of the privacy rights everyone else enjoys. Khiara M. Bridges investigates poor mothers' experiences with the state—both when they receive public assistance and when they do not. Presenting a holistic view of just how the state intervenes in all facets of poor mothers' privacy, Bridges shows how the Constitution has not been interpreted to bestow these women with family, informational, and reproductive privacy rights. Bridges seeks to turn popular thinking on its head: Poor mothers' lack of privacy is not a function of their reliance on government assistance—rather it is a function of their not bearing any privacy rights in the first place. Until we disrupt the cultural narratives that equate poverty with immorality, poor mothers will continue to be denied this right.Trade Review"The Poverty of Privacy Rights pushes the conceptualization of legal rights into a new and useful direction, establishing a sturdy platform for intelligent advocacy on behalf of poor people and their dignity. Khiara Bridges' deep knowledge of the social welfare and healthcare system, and the conversations her book invites will bring more privacy concerns affecting the poor to the forefront." -- Anita Allen * University of Pennsylvania *"The Poverty of Privacy Rights is a provocative, courageous account of poor women's lives and the American healthcare system. One of the brightest stars of her generation, Khiara Bridges pushes against the traditional framings of sex-based privacy erosion to deftly articulate an urgent contemporary social concern—privacy rights filtered, constrained, and tampered by government. Bridges masterfully argues that to be poor in the United States and dependent on governmental assistance is to experience intrusions and violations of constitutional rights unrivaled by all others." -- Michele Goodwin * University of California, Irvine *"For those who hold dear, however naively, the idea that the proper application of constitutional law itself can create justice, Khiara Bridges's The Poverty of Privacy Rights is a devastating read....[Her] arguments are elegantly presented, thoroughly documented, and persuasive, and there is no doubt that any future work in this area will have to begin by citing this book." -- Wendy A. Bach * Review of Politics *"In The Poverty of Privacy Rights, Khiara Bridges presents an eloquent treatise detailing why Anthropology Matters! She artfully unravels the inevitable contradictions that stem from the aims of poverty policies in the United States between lowincome mothers who experience the policies in their use of social services and those who interpret policies and thereby provide access to or sanctions against services....As anthropologists, we have a responsibility and a platform to engage in moral and ethical knowledge making of the kind documented in Bridges's The Poverty of Privacy Rights. Readers interested in the anthropology of law, public policy, and poverty studies would greatly benefit from this manuscript." -- Sherri Lawson Clark * American Anthropologist *Table of ContentsContents and AbstractsIntroduction chapter abstractThis introduction describes this book's thesis: Poor mothers have been deprived of family, informational, and reproductive privacy rights. Those who are empowered to interpret the Constitution have construed the document to bestow wealthier women with rights that protect their families from state regulation, prevent their most intimate information from being collected and disclosed to third parties, and provide them with a space to decide whether to become mothers without the government influencing their decisions. Simultaneously, the Constitution has been construed to deny poor mothers (and those facing the question of whether to become mothers) those same rights. Because privacy rights are thought to yield specific values, they are recognized and protected; and because it is assumed that these privacy rights will not yield these same values when individuals who are behaviorally and ethically deficient bear them, poor mothers have been denied these rights. 1The Moral Construction of Poverty chapter abstractThis chapter documents the ubiquitous voices throughout history that have rejected structural explanations of poverty and, instead, have argued that poverty is the result of individual shortcomings. This chapter shows that the discursive link between poverty and immorality continues to the present day: One can easily hear a narrative in political or popular discourse that links poverty with behavioral or ethical deficiencies. This chapter also shows that the Court's jurisprudence has come to reflect the moral construction of poverty, examining several cases in which the Court's rationale for refusing to limit the power of the government vis-à-vis poor individuals reveals an assumption about the pathology of the poor person—usually a poor mother—subject to privacy invasions. This chapter goes on to make the argument that positive rights are not the solution to poor mothers' predicament. 2The Unconstitutional Conditions Doctrine: Revealing, Yet Misleading chapter abstractThis chapter explores the doctrine of unconstitutional conditions, which provides that it is unconstitutional for a state to premise the conferral of a benefit on the beneficiary's surrender of a constitutional right. The chapter argues that unconstitutional conditions cases reveal the justification for the state's denial of privacy rights to poor mothers, showing that the state denies individuals a right when it disbelieves that the individual will realize the value that the right is intended to generate. This chapter goes on to show that poor women lack privacy even when they do not receive a welfare benefit. It contextualizes the privacy invasions that poor mothers endure when receiving welfare benefits in a broader experience of privacy invasions endured by virtue of being poor. This contextualization demonstrates that poor mothers' lack of privacy rights is not a function of reliance on government assistance, but a function of their poverty. 3Family Privacy chapter abstractThis chapter explores various justifications for the family privacy right including instrumental, noninstrumental, and pragmatic justifications. It concludes that the moral construction of poverty counsels in favor of dispossessing poor mothers of the right because it suggests that poor mothers will not realize the value that the right is designed to yield. The chapter goes on to examine the overrepresentation of the poor as subjects of child welfare investigations and within the foster care system—two governmental interventions into the family that the family privacy right purports to allow only when the state suspects child maltreatment. It then shows that the fact of poverty itself gives the state reason to suspect child maltreatment. Accordingly, the state always has the authority to infringe on poor mothers' right to family privacy. The chapter concludes by suggesting that a right that is always already infringed is not right at all. 4Informational Privacy chapter abstractThis chapter explores the justification for the informational privacy right and concludes that poor mothers have been deprived of it because, as with family privacy rights, the informational privacy rights will not yield the value they aredesigned to yield when poor mothers bear them. This chapter goes on to describe a type of right to informational privacy that has not yet been conceptualized fully in the literature. This right, absent compelling circumstances, would prevent the state from coercing those who are marginalized culturally and socially to perform confessions that might be taken to justify their marginalization. This right would be the equivalent of the Fifth Amendment's prohibition against being compelled to be a witness against oneself, except it would apply in noncriminal contexts. 5Reproductive Privacy chapter abstractThis chapter explores reproductive privacy rights and concludes that poor women have been deprived of these rights because society does not trust their ability to make competent, moral decisions about reproduction without state oversight. This chapter documents how Medicaid, through the Hyde Amendment, intrudes into the domain that reproductive privacy rights are designed to protect by constraining the decisions that poor women make concerning abortion. This chapter also discusses how TANF family cap policies intrude into the domain that reproductive privacy rights are designed to protect by constraining poor women's decisions about giving birth to another child. This chapter notes the contradiction of the Hyde Amendment's pronatalism and TANF's antinatalism. It concludes that this contradiction reveals that the state is not interested in the precise decision that poor women make with respect to maternity, but rather is interested in overseeing that decision as she makes it. Conclusion chapter abstractThe conclusion proposes that poor mothers will only enjoy the positive or negative privacy rights that are formally bestowed to them when an individual's economic failure is no longer thought to indicate a flawed character. It examines other historical moments where disenfranchised groups struggled for rights that had been denied to them, focusing on black people's struggle for the right to vote and sexual minorities' struggle for the right to marry. These precedents reveal that formerly disenfranchised groups were successful in acquiring the rights that they sought not because they appealed to the Court to interpret the Constitution differently, but because they shifted the cultural discourse. The law ultimately came to reflect that transformation of culture. The lesson of history is that poor mothers will only be granted privacy rights when our culture shifts, and the moral construction of poverty is unseated from its present discursive throne.

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Book SynopsisA Violent Peace offers a radical account of the United States' transformation into a total-war state. As the Cold War turned hot in the Pacific, antifascist critique disclosed a continuity between U.S. police actions in Asia and a rising police state at home. Writers including James Baldwin, Ralph Ellison, and W.E.B. Du Bois discerned in domestic strategies to quell racial protests the same counterintelligence logic structuring America's devastating wars in Asia. Examining U.S. militarism's centrality to the Cold War cultural imagination, Christine Hong assembles a transpacific archive—placing war writings, visual renderings of the American concentration camp, Japanese accounts of the atomic bombing of Hiroshima, black radical human rights petitions, Korean War–era G.I. photographs, Filipino novels on guerrilla resistance, and Marshallese critiques of U.S. human radiation experiments alongside government documents. By making visible the way the U.S. war machine waged informal wars abroad and at home, this archive reveals how the so-called Pax Americana laid the grounds for solidarity—imagining collective futures beyond the stranglehold of U.S. militarism.Trade Review"A Violent Peace is a tour de force, a brilliant rebuttal to the myth of America as defender of human rights abroad and racial justice at home. Christine Hong demonstrates how radical black and Asian intellectuals' penetrating critiques represent the real democratizing project. Beautifully written and persuasively argued, this book is a seismic shift in Cold War cultural history and our geopolitical imagination."—Robin D. G. Kelley, University of California, Los Angeles"Bursting with brilliance, clarity, and insight, this stunningly original and expansive work excavates the cross-racial, transnational origins of today's militarized modernity. Christine Hong unearths the hidden linkages between race, capital, and occupation in making our postwar global order and points us to alternative conceptions of community and solidarity that defy the borders of modern sovereignty. This book is a game-changer."—Chandan Reddy, University of Washington"Though grounded in Asian American studies, A Violent Peace makes powerful contributions to several other fields such as Cold War studies, African American literature and politics, discourses of militarization and securitization, global theories of race as well as literary and cultural studies broadly."—Bhakti Shringarpure, American Literary History"Hong's work is honest, necessary, and generative in its political vision.A Violent Peaceoffers a crucial set of arguments that will help us to navigate the ruins of the world that US hegemony built and work toward collectively creating a new one." A. J. Yumi Lee, Contemporary Literature"A Violent Peaceprovides a crucial connection between US foreign wars in East Asia and harsh domestic suppression working in tandem to gain total control."—Xiaobing Li, Journal of Asian Studies"Hong's work as a whole is an important contribution to the history of post-war US that recenters racialized humanity to illustrate the military-imperial violence that minimized the structures in which race was targeted, captured, and mobilized."—Annie Hui, Lateral"Viewing the culture of democratization in the post-1945 world order through the lens of US militarism, Christine Hong'sA Violent Peaceoffers the opportunity to survey some of the intellectual currents behind the revival of scholarly interest in the Korean War among literary and cultural critics."—Jeehyun Lim, Journal of American Studies"With great eloquence, [Hong] draws insightful connections between race, class, and power, while vividly demonstrating how the expansion of U.S. power into the Asia-Pacific in the postwar era has led to the world we live in today. Deeply considered and thought-provoking,A Violent Peaceis essential to understanding our current predicament.—Gregory Erlich, CounterPunch"Christine Hong's... shattering, academic analysis,A Violent Peace: Race, U.S. Militarism, and Cultures of Democratization in Cold War Asia and the Pacific, provides a people's perspective on the traumas wrought by the U.S. geosecurity structure that has lorded over the region since World War II."—Koohan Paik, The Hawaii Independent"In encouraging scholars to consider the co-constitution of postwar racial liberalism and Cold War imperialism, [A Violent Peace marks] a timely intervention in an urgent political context."—Mark Tseng-Putterman, American QuarterlyTable of ContentsIntroduction 1. "Democracy within the Teeth of Fascism": The Black POW and the Invisible War at Home in Ralph Ellison's War Writings 2. Revolution from Above: Ōe Kenzaburō, the Black Airman, and Occupied Japan 3. A Blueprint for Occupied Japan: Miné Okubo and the American Concentration Camp 4. Possessive Investment in Ruin: The Target, the Proving Ground, and the U.S. War Machine in the Nuclear Pacific 5. People's War, People's Democracy, People's Epic: Carlos Bulosan, U.S. Counterintelligence, and Cold War Unreliable Narration 6. The Enemy at Home: Urban Warfare and the Russell Tribunal on Vietnam 7. Militarized Queerness: Racial Masking and the Korean War Mascot

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Book SynopsisEmptied Lands investigates the protracted legal, planning, and territorial conflict between the settler Israeli state and indigenous Bedouin citizens over traditional lands in southern Israel/Palestine. The authors place this dispute in historical, legal, geographical, and international-comparative perspectives, providing the first legal geographic analysis of the "dead Negev doctrine" used by Israel to dispossess and forcefully displace Bedouin inhabitants in order to Judaize the region. The authors reveal that through manipulative use of Ottoman, British and Israeli laws, the state has constructed its own version ofterra nullius. Yet, the indigenous property and settlement system still functions, creating an ongoing resistance to the Jewish state.Emptied Lands critically examines several key land claims, court rulings, planning policies, and development strategies, offering alternative local, regional, and international routes for justice.Trade Review"People are dispossessed not only with guns and bulldozers, but also with legal practices and strategies. Emptied Lands reveals how the painfully named and legally invoked Dead Negev Doctrine facilitates the continued dispossession of Bedouins in the Negev, the most intense and protracted land dispute within Israel. Drawing from decades of activism and scholarship, Kedar, Amara, and Yiftachel provide a powerful challenge to the doctrine, creating space for better forms of legality."—Nicholas Blomley, Simon Fraser University"Three of the best critical scholars of contemporary Palestine have successfully combined legal, geographical, and political analysis into a forensic study of how Israel has weaponized the law against the most vulnerable of all inhabitants of Palestine, the Bedouins. A remarkable multidisciplinary feat, this book provides an essential understanding of settler colonialism."—Eyal Weizman, Goldsmiths, University of London"This book is particularly valuable on a subject that is as complex as it is almost unresearched—namely, how the state formulates different elements that amalgamate politics with history and law in order to legitimize Bedouin land dispossession. Kedar, Amara, and Yiftachel...are able to identify and explain in their historical and legal context the key elements of the state's policy and the court decisions with regard to the Bedouin land issue."—Morad Elsana, Israel Studies Review"[Emptied Lands] confronts us with a direct, scholarly account of one of the main routes to dispossession on which the State of Israel has relied in emptying the Negev of its Palestinian Bedouin residents. This fascinating and well-written book—the result of extensive archival research, verification of sources, and a thorough reading of historical and geographical documents—systematically dismantles the Israeli establishment's claims using a variety of scientific, legal, geographic, planning, and Zionist sources. The uniqueness of the work lies in the presentation of an alternative, geographically based legal property rights study."—Safa Aburabia, Journal of Palestine Studies"The three authors have done a great service to those who wish to critically appraise the Israeli court position with regard to Bedouin in the Negev, their indigeneity and their claims to autonomy. Knowing the argument put forward to deny their indigeneity, or their rights to the lands of their forefathers, is powerful ammunition for future legal cases, as well as in continuing resistance to being ignored in 'unrecognised villages', or forcibly resettled."—Dawn Chatty, Nomadic PeoplesTable of ContentsIntroduction: Terra Nullius in Zion? 1. The Legal Geography of Indigenous Bedouin Dispossession 2. The Land Regime of the Late Ottoman Period 3. The Land Regime of the Mandate Period 4. Formulating the Dead Negev Doctrine During the Israeli Period 5. Historical Geography of the Negev: Bedouin Agriculture 6. Bedouin Territory and Settlement 7. The Bedouin as an Indigenous Community 8. International Law, Indigenous Land Rights, and Israel 9. State and Bedouin Policies and Plans Conclusion:

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Book SynopsisRich, personal stories shed light on midwives at the frontier of women's reproductive rights. Midwives in the United States live and work in a complex regulatory environment that is a direct result of state and medical intervention into women's reproductive capacity. In Birthing a Movement, Renée Ann Cramer draws on over a decade of ethnographic and archival research to examine the interactions of law, politics, and activism surrounding midwifery care. Framed by gripping narratives from midwives across the country, she parses out the often-paradoxical priorities with which they must engage—seeking formal professionalization, advocating for reproductive justice, and resisting state-centered approaches. Currently, professional midwives are legal and regulated in their practice in 32 states and illegal in eight, where their practice could bring felony convictions and penalties that include imprisonment. In the remaining ten states, Certified Professional Midwives (CPMs) are unregulated, but nominally legal. By studying states where CPMs have differing legal statuses, Cramer makes the case that midwives and their clients engage in various forms of mobilization—at times simultaneous, and at times inconsistent—to facilitate access to care, autonomy in childbirth, and the articulation of women's authority in reproduction. This book brings together literatures not frequently in conversation with one another, on regulation, mobilization, health policy, and gender, offering a multifaceted view of the experiences and politics of American midwifery, and promising rich insights to a wide array of scholars, activists, healthcare professionals alike. Trade Review"A beautifully written narrative weaving together passionate, sometimes harrowing stories from midwives, activists, and mothers. This book is a significant legal intervention and a brave, innovative, and sophisticated exploration." -- Eve Darian-Smith * University of California, Irvine *"Integrating an impressive array of qualitative data, rich personal stories, sophisticated theoretical analysis, exquisite writing, and a compassionate authorial voice, this splendid book is a great read and a major addition to the sociolegal scholarship on law and social movements." -- Michael McCann * University of Washington *"Engaging and compassionate. A must-read for every social movements scholar, it is written so as to be accessible and relevant to the undergraduate reader as well. Birthing a Movement is a book that I plan to cite and assign for years to come." -- Sarah Hampson * University of Washington *Table of ContentsContents and AbstractsIntroduction: Knowing About Legality and Illegality in Midwifery Care in the United States chapter abstractThe introduction tells the story of Gina, a midwife working illegally at the time of our interview. Using Gina's story as a frame of reference, the introduction explains the varying legal status for midwives in the United States and distinguishes certified professional midwives from other professionals who attend labor and delivery. The introduction also provides the theoretical and scholarly context for the rest of the book, focusing on legal pluralism, legal consciousness, legal mobilization, and the limits of law as it is implemented. Finally, the introduction explains my methodology in both researching and presenting the data and argues that we need to tell stories about law and society that are embodied, integrative, and holistic—much like the care provided by midwives to their clients. 1History and Status of Midwives in the United States chapter abstractChapter 1 begins with a story from Missouri after Ophelia, a certified professional midwife, attends a birth that brings her to the attention of the police. The chapter asks how we got to a place where a safe, qualified, trained birth attendant can fear prosecution for a good-outcome birth. The history of midwifery in the United States is one that combines medicalization and professionalization of birth, imperatives of nation-building through reproduction, and a renaissance in care that brought the profession of non-nurse midwifery back from the brink of extinction. Chapter 1 provides a version of that history, stressing that this version is the one told by advocates and midwives as they seek to expand access to care. 2Modern and Professional: Legitimating, Marketing, and Reimagining Midwives chapter abstractChapter 2 demonstrates that, in the name of professionalization, midwives have engaged in seeking legitimization of non-nurse midwifery via national organizations, 3Mostly Happy Accidents: Successfully Mobilizing for Legal Status chapter abstractChapter 3 explores the multiple ways that midwives and advocates use politics to mobilize for legal status. Focusing on the success stories in South Dakota and Missouri, it highlights how the long-term activism in both states, combined with "happy accidents" or contingencies, facilitated the passage of legalization bills. Midwives and advocates use traditional and social media, letter-writing to legislators, and consistent presence in the statehouse to get their bills passed. They also engage in novel attention-seeking activities like making quilts and calendars, designing T-shirts, and handing out M&M cookies (for "moms and midwives"). 4Rights, Rules, and Regulation chapter abstractThis chapter begins with the unusual story of how lawyers needed to defend the constitutionality of the Missouri bill against claims by the Missouri Medical Association, as a way to frame the examination the legal mobilization undertaken on behalf of midwives nationwide. This mobilization includes criminal defense of their practice and lawsuits brought on behalf of victims of obstetric violence. It also includes seeking regulatory governance in rulemaking, defining the scope of practice for midwives, and articulating access to the state as a goal for the movement. 5Catching Babies and Catching Hell: Constitutive Interactions in the Limits and Shadow of the Law chapter abstractChapter 5 examines the various ways that midwives experience their daily practices and finds that, even in states where they are legal and regulated, the law limits and shadows how CPMs work. This limiting of the law is related to cultural disapprobation of out-of-hospital birth and the ways that that disapprobation is reinforced by friends, family, and hospital staff. Chapter 5 shares the stories of midwives who find constraints on their practice from the expressions of these norms and details the difficulties they have finding insurance, finding back-up physicians, and even knowing what the law is. It also shares stories of midwives and mothers who "catch hell" when they discuss their out-of-hospital birth plans or must transfer a client to the hospital for emergency care. 6Deep Transformations, Deep Contradictions: Changing Birth Culture One Movie, One Picnic, One<3.>Tiny Little Epistemological Shift at a Time chapter abstractThis chapter examines the multiple ways that midwives and advocates seek to change birth culture in any given locale, from hosting movies and picnics to thinking through the proper role of hospital and state in labor and delivery. It moves from eco-feminist midwifery advocacy in Berkeley, California, to emergency childbirth classes in rural South Dakota, highlighting the ways that locale shapes approaches to thinking about midwifery care. Chapter 6 also focuses on the contradictions and tensions within the pro-midwifery movement—around issues like abortion, vaccination and homeschooling, rights-seeking, partisan politics, and the decision to seek government intervention and approval at all. The goal in all of these conversations is to facilitate expanded access to midwifery care and the extension of reproductive justice to all who labor and deliver. Conclusion: Attending to Birth in Sociolegal Scholarship: Embodied, Interdisciplinary, and Authoritative Knowledge chapter abstractThe conclusion offers closing thoughts on the relationship between disciplinarity and regulation—seeing both as simultaneously emancipatory and constraining. The conclusion examines the tensions within midwifery communities, and within sociolegal scholarship, and argues that sitting with those tensions in an embodied, interdisciplinary, authoritative epistemology is the way to do good work in both settings.

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