Jurisprudence and general issues Books

Book SynopsisTrade Review"In this volume, Tonry gathers nine articles... he writes of 'doing justice in sentencing,' a topic that is as much in need of review and reflection as it was when this series began." * Journal of Community Justice *

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Book SynopsisTrade Review"Constructing Basic Liberties offers a nuanced and comprehensive defense of common law constitutional interpretation as it has been applied to one of the Constitution’s most general and far-reaching provisions: the due process clause." * The New York Review of Books *"Substantive due process is a legal tool. Judges can define an unenumerated right—to marry or travel, for instance—as so fundamental that it is among the liberties that the constitutional due process clause protects. For example, in the past, it was used to incorporate economic rights allowing businesspeople to oppress workers....Recently, however, it was used to guarantee gay marriage and the right of bodily autonomy in Roe v. Wade. Fleming argues that these cases are logically derived from a right to privacy and distinguishes them from the 'grave errors' of the past." * Choice *"Against recurring charges that the practice of substantive due process is dangerously indeterminate and irredeemably undemocratic, Fleming argues that there is an underlying coherence and structure of substantive due process and defends it as integral to constitutional democracy." * Law & Social Inquiry *"This book offers a marvelously spirited, sophisticated, and multi-faceted defense of the modern tradition of substantive due process. It deftly weaves doctrinal analysis with normative argument and answers objections with emphatic precision. Liberals and progressives will especially welcome the book’s concluding strategies for promoting constitutional liberty under a conservative Supreme Court.” -- Richard H. Fallon Jr., Harvard Law School“Fleming brings to life great clashes between Justice Kennedy and Justice Scalia, between two competing understandings of the Constitution, asking “Is it a basic charter of abstract aspirational principles like liberty and equality? Or a code of specific, enumerated rights whose meaning is determined by the deposit of concrete historical practices extant at the time of the adoption of the Fourteenth Amendment in 1868? Ultimately, Fleming shows that the Court’s modern due process cases—those protecting reproductive rights, sexual autonomy, marriage, and parenthood—are no less legitimate, from a constitutional or democratic perspective, than equal protection cases that are generally viewed as uncontroversial. In fact, Fleming convincingly demonstrates that the rights protected by the modern due process decisions are critical to the equal citizenship of women and LGBTQ individuals.” -- Reva Siegel and Douglas NeJaime, Yale Law School“In Constructing Basic Liberties, James Fleming offers a powerful and persuasive defense of the much-maligned Supreme Court practice of recognizing unenumerated rights under the aegis of “substantive due process.” Cases recognizing such rights as contraception, abortion, and same-sex marriage do not, as conservatives claim, augur the end of legislation based on morality, nor do they simply substitute judicial values for popular ones. Responding to progressives who would relocate rights in equal protection, Fleming also explains how equality should complement rather than supplant liberty. Even if the Trump-packed high court overrules Roe v. Wade, protection for a domain of what Fleming aptly terms “personal self-government” likely will and certainly should remain a durable feature of American constitutionalism.” -- Michael C. Dorf, Cornell Law School“In the face of a Supreme Court that now more stridently than ever insists that law is simple fact, Fleming stands boldly for the position that law, and in particular law that safeguards our most intimate dignity, must inevitably reflect our actual constitutional values. Fleming vigorously revives the proud but now besieged position, once associated with Ronald Dworkin, that, through the doctrine of substantive due process, our constitutional law embodies the essence of American personhood.” -- Robert Post, Yale Law SchoolTable of Contents1. A Second Death of Substantive Due Process? Part I: Our Practice of Substantive Due Process 2. The Coherence and Structure of Substantive Due Process 3. The Rational Continuum of Ordered Liberty Part II: Substantive Due Process Does Not “Effectively Decree the End of All Morals Legislation” 4. Is Substantive Due Process on a Slippery Slope to “the End of All Morals Legislation”? 5. Is Moral Disapproval Enough to Justify Traditional Morals Legislation? Part III: Substantive Due Process Does Not Enact a Utopian Economic or Moral Theory 6. The Ghost of Lochner v. New York 7. Does Substantive Due Process Enact Mill’s On Liberty? Part IV: Conflicts between Liberty and Equality 8. The Grounds for Protecting Basic Liberties: Liberty Together with Equality 9. Accommodating Gay and Lesbian Rights and Religious Liberty Part V: The Future 10. The Future of Substantive Due Process Acknowledgments Notes Index

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Book SynopsisA strong and lively defense of substantive due process. From reproductive rights to marriage for same-sex couples, many of our basic liberties owe their protection to landmark Supreme Court decisions that have hinged on the doctrine of substantive due process. This doctrine is controversiala battleground for opposing views around the relationship between law and morality in circumstances of moral pluralismand is deeply vulnerable today. Against recurring charges that the practice of substantive due process is dangerously indeterminate and irredeemably undemocratic,Constructing Basic Libertiesreveals the underlying coherence and structure of substantive due process and defends it as integral to our constitutional democracy. Reviewing the development of the doctrine over the last half-century, James E. Fleming rebuts populararguments against substantive due process and shows that the Supreme Court has constructed basic liberties through common law constitutional interpretation: reasoning by analogy from one case to the next and making complex normative judgments about what basic liberties are significant for personal self-government. Elaborating key distinctions and tools for interpretation,Flemingmakes a powerful case that substantive due process is a worthy practice that is based on the best understanding of our constitutional commitments to protecting ordered liberty and securing the status and benefits of equal citizenship for all.Trade Review"Constructing Basic Liberties offers a nuanced and comprehensive defense of common law constitutional interpretation as it has been applied to one of the Constitution’s most general and far-reaching provisions: the due process clause." * The New York Review of Books *"Substantive due process is a legal tool. Judges can define an unenumerated right—to marry or travel, for instance—as so fundamental that it is among the liberties that the constitutional due process clause protects. For example, in the past, it was used to incorporate economic rights allowing businesspeople to oppress workers....Recently, however, it was used to guarantee gay marriage and the right of bodily autonomy in Roe v. Wade. Fleming argues that these cases are logically derived from a right to privacy and distinguishes them from the 'grave errors' of the past." * Choice *"Against recurring charges that the practice of substantive due process is dangerously indeterminate and irredeemably undemocratic, Fleming argues that there is an underlying coherence and structure of substantive due process and defends it as integral to constitutional democracy." * Law & Social Inquiry *"This book offers a marvelously spirited, sophisticated, and multi-faceted defense of the modern tradition of substantive due process. It deftly weaves doctrinal analysis with normative argument and answers objections with emphatic precision. Liberals and progressives will especially welcome the book’s concluding strategies for promoting constitutional liberty under a conservative Supreme Court.” -- Richard H. Fallon Jr., Harvard Law School“Fleming brings to life great clashes between Justice Kennedy and Justice Scalia, between two competing understandings of the Constitution, asking “Is it a basic charter of abstract aspirational principles like liberty and equality? Or a code of specific, enumerated rights whose meaning is determined by the deposit of concrete historical practices extant at the time of the adoption of the Fourteenth Amendment in 1868? Ultimately, Fleming shows that the Court’s modern due process cases—those protecting reproductive rights, sexual autonomy, marriage, and parenthood—are no less legitimate, from a constitutional or democratic perspective, than equal protection cases that are generally viewed as uncontroversial. In fact, Fleming convincingly demonstrates that the rights protected by the modern due process decisions are critical to the equal citizenship of women and LGBTQ individuals.” -- Reva Siegel and Douglas NeJaime, Yale Law School“In Constructing Basic Liberties, James Fleming offers a powerful and persuasive defense of the much-maligned Supreme Court practice of recognizing unenumerated rights under the aegis of “substantive due process.” Cases recognizing such rights as contraception, abortion, and same-sex marriage do not, as conservatives claim, augur the end of legislation based on morality, nor do they simply substitute judicial values for popular ones. Responding to progressives who would relocate rights in equal protection, Fleming also explains how equality should complement rather than supplant liberty. Even if the Trump-packed high court overrules Roe v. Wade, protection for a domain of what Fleming aptly terms “personal self-government” likely will and certainly should remain a durable feature of American constitutionalism.” -- Michael C. Dorf, Cornell Law School“In the face of a Supreme Court that now more stridently than ever insists that law is simple fact, Fleming stands boldly for the position that law, and in particular law that safeguards our most intimate dignity, must inevitably reflect our actual constitutional values. Fleming vigorously revives the proud but now besieged position, once associated with Ronald Dworkin, that, through the doctrine of substantive due process, our constitutional law embodies the essence of American personhood.” -- Robert Post, Yale Law SchoolTable of Contents1. A Second Death of Substantive Due Process? Part I: Our Practice of Substantive Due Process 2. The Coherence and Structure of Substantive Due Process 3. The Rational Continuum of Ordered Liberty Part II: Substantive Due Process Does Not “Effectively Decree the End of All Morals Legislation” 4. Is Substantive Due Process on a Slippery Slope to “the End of All Morals Legislation”? 5. Is Moral Disapproval Enough to Justify Traditional Morals Legislation? Part III: Substantive Due Process Does Not Enact a Utopian Economic or Moral Theory 6. The Ghost of Lochner v. New York 7. Does Substantive Due Process Enact Mill’s On Liberty? Part IV: Conflicts between Liberty and Equality 8. The Grounds for Protecting Basic Liberties: Liberty Together with Equality 9. Accommodating Gay and Lesbian Rights and Religious Liberty Part V: The Future 10. The Future of Substantive Due Process Acknowledgments Notes Index

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Book SynopsisAn updated and passionate second edition of a foundational book. How did environmental law first emerge in the United States? Why has it evolved in the ways that it has? And what are the unique challenges inherent to environmental lawmaking in general and in the United States in particular? Since its first edition, TheMaking of Environmental Lawhas been foundational to our understanding of these questions. For the second edition, Richard J. Lazarus returns to his landmark book and takes stock of developments over the last two decades. Drawing on many years of experience on the frontlines of legal and policy battles, Lazarus provides a theoretical overview of the challenges that environmental protection poses for lawmaking, related to both the distinctive features of US lawmaking institutions and the spatial and temporal dimensions of ecological change. The book explains why environmental law emerged in the manner and form that it did in the 1970s and traces how it developed over sTrade Review"In the second edition of The Making of Environmental Law, Richard J. Lazarus provides an updated account of the ways environmental law in the United States first emerged, its evolution over more than half a century, its unique inherent challenges, and its prospects. . . .the book offers a readable, informative, and detailed overview of the major developments in environmental law, with new chapters covering issues since the early 2000s. It is an essential resource on the recent history of federal environmental law in the United States." * H-Net (H-Environment) *Table of ContentsAcknowledgments Introduction Part I: Making Environmental Law 1. Time, Space, and Ecological Injury 2. The Implications of Ecological Injury for Environmental Protection Law 3. The Challenges for US Lawmaking Institutions and Processes of Environmental Protection Law Part II: The Road First Taken—The Twentieth Century 4. Becoming Environmental Law 5. Building a Road: The 1970s 6. Expanding the Road: The 1980s 7. Maintaining the Road: The 1990s Part III: A Road Disrupted—The Twenty-First Century 8. The Super Wicked Problem of Climate Change 9. The George W. Bush Administration: Redrawing the Battle Lines 10. The Obama Administration: Getting to Paris 11. The Trump Administration: Swinging the Meat Ax Part IV: Looking Back and Going Forward 12. Convergence and Building Blocks within Environmental Law 13. The Next Fifty Years Notes Index

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Book SynopsisVolume 51 is a thematic volume on Prisons and Prisoners. Since 1979, the Crime and Justice series has presented a review of the latest international research, providing expertise to enhance the work of sociologists, psychologists, criminal lawyers, justice scholars, and political scientists. The series explores a full range of issues concerning crime, its causes, and its cures. In both the review and the occasional thematic volumes, Crime and Justice offers an interdisciplinary approach to address core issues in criminology. Volume 51 of Crime and Justice is the first to reprise a predecessor, Prisons (Volume 26, 1999), edited by series editor Michael Tonry and the late Joan Petersilia. In Prisons and Prisoners, editors Michael Tonry and Sandra Bucerius revisit the subject for several reasons. In 1999, most scholarly research concerned developments in Britain and the United States and was published in English. Much of that was sociological, focused on inmate subcultures, or psychological, focused on how prisoners coped with and adapted to prison life. Some, principally by economists and statisticians, sought to measure the crime-preventive effects of imprisonment generally and the deterrent effects of punishments of greater and lesser severity. In 2022, serious scholarly research on prisoners, prisons, and the effects of imprisonment has been published and is underway in many countries. That greater cosmopolitanism is reflected in the pages of this volume. Several essays concern developments in places other than Britain and the United States. Several are primarily comparative and cover developments in many countries. Those primarily concerned with American research draw on work done elsewhere. The subjects of prison research have also changed. Work on inmate subcultures and coping and adaptation has largely fallen by the wayside. Little is being done on imprisonment's crime-preventive effects, largely because they are at best modest and often perverse. An essay in Volume 50 of Crime and Justice, examining the 116 studies then published on the effects of imprisonment on subsequent offending, concluded that serving a prison term makes ex-prisoners on average more, not less, likely to reoffend. In 1999, little research had been done on the effects of imprisonment on prisoners' families, children, or communities, or evenexcept for recidivism on ex-prisoners' later lives: family life, employment, housing, physical and mental health, or achievement of a conventional, law-abiding life. The first comprehensive survey of what was then known was published in the earlier Crime and Justice:Prisons volume. An enormous literature has since emerged, as essays in this volume demonstrate. Comparatively little work had been done by 1999 on the distinctive prison experiences of women and members of non-White minority groups. That too has changed, as several of the essays make clear. What is not clear is the future of imprisonment. Through more contemporary and global lenses, the essays featured in this volume not only reframe where we are in 2022 but offer informed insights into where we might be heading. Table of ContentsPrefaceMichael Tonry Has the Prison a Future?Sandra Bucerius and Michael Tonry Punishments, Politics, and Prisons in Western CountriesMichael Tonry The COVID-19 Pandemic and the Future of the PrisonShadd Maruna, Gillian McNaull, and Nina O’Neill The Peculiar Journey: Race, Racism, and Imprisonment in American HistoryRobert D. Crutchfield Women in PrisonsSandra Bucerius and Sveinung Sandberg Indigenizing Prisons: A Canadian Case StudyJustin E. C. Tetrault The Prison and the GangDavid C. Pyrooz Drug Use Disorders before, during, and after ImprisonmentOjmarrh Mitchell The Effects of Imprisonment in a Time of Mass IncarcerationKatherine Beckett and Allison Goldberg Incarceration, Families, and Communities: Recent Developments and Enduring ChallengesSara Wakefield Careers in Criminalization: Reentry, Recidivism, and Repeated IncarcerationBruce Western and David J. Harding Index

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Book SynopsisVolume 51 is a thematic volume on Prisons and Prisoners. Since 1979, the Crime and Justice series has presented a review of the latest international research, providing expertise to enhance the work of sociologists, psychologists, criminal lawyers, justice scholars, and political scientists. The series explores a full range of issues concerning crime, its causes, and its cures. In both the review and the occasional thematic volumes, Crime and Justice offers an interdisciplinary approach to address core issues in criminology. Volume 51 of Crime and Justice is the first to reprise a predecessor, Prisons (Volume 26, 1999), edited by series editor Michael Tonry and the late Joan Petersilia. In Prisons and Prisoners, editors Michael Tonry and Sandra Bucerius revisit the subject for several reasons. In 1999, most scholarly research concerned developments in Britain and the United States and was published in English. Much of that was sociological, focused on inmate subcultures, or psychological, focused on how prisoners coped with and adapted to prison life. Some, principally by economists and statisticians, sought to measure the crime-preventive effects of imprisonment generally and the deterrent effects of punishments of greater and lesser severity. In 2022, serious scholarly research on prisoners, prisons, and the effects of imprisonment has been published and is underway in many countries. That greater cosmopolitanism is reflected in the pages of this volume. Several essays concern developments in places other than Britain and the United States. Several are primarily comparative and cover developments in many countries. Those primarily concerned with American research draw on work done elsewhere. The subjects of prison research have also changed. Work on inmate subcultures and coping and adaptation has largely fallen by the wayside. Little is being done on imprisonment's crime-preventive effects, largely because they are at best modest and often perverse. An essay in Volume 50 of Crime and Justice, examining the 116 studies then published on the effects of imprisonment on subsequent offending, concluded that serving a prison term makes ex-prisoners on average more, not less, likely to reoffend. In 1999, little research had been done on the effects of imprisonment on prisoners' families, children, or communities, or evenexcept for recidivism on ex-prisoners' later lives: family life, employment, housing, physical and mental health, or achievement of a conventional, law-abiding life. The first comprehensive survey of what was then known was published in the earlier Crime and Justice:Prisons volume. An enormous literature has since emerged, as essays in this volume demonstrate. Comparatively little work had been done by 1999 on the distinctive prison experiences of women and members of non-White minority groups. That too has changed, as several of the essays make clear. What is not clear is the future of imprisonment. Through more contemporary and global lenses, the essays featured in this volume not only reframe where we are in 2022 but offer informed insights into where we might be heading. Table of ContentsPrefaceMichael Tonry Has the Prison a Future?Sandra Bucerius and Michael Tonry Punishments, Politics, and Prisons in Western CountriesMichael Tonry The COVID-19 Pandemic and the Future of the PrisonShadd Maruna, Gillian McNaull, and Nina O’Neill The Peculiar Journey: Race, Racism, and Imprisonment in American HistoryRobert D. Crutchfield Women in PrisonsSandra Bucerius and Sveinung Sandberg Indigenizing Prisons: A Canadian Case StudyJustin E. C. Tetrault The Prison and the GangDavid C. Pyrooz Drug Use Disorders before, during, and after ImprisonmentOjmarrh Mitchell The Effects of Imprisonment in a Time of Mass IncarcerationKatherine Beckett and Allison Goldberg Incarceration, Families, and Communities: Recent Developments and Enduring ChallengesSara Wakefield Careers in Criminalization: Reentry, Recidivism, and Repeated IncarcerationBruce Western and David J. Harding Index

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Book SynopsisTable of ContentsEradicating Bush-League Arguments Root and Branch: The Article II Independent-State-Legislature Notion and Related Rubbish Vikram David Amar and Akhil Reed Amar Mahanoy v. B.L. & First Amendment “Leeway” Mary-Rose Papandrea Safety, Health, and Union Access in Cedar Point Nursery Benjamin I. Sachs Showdown at Cedar Point: “Sole and Despotic Dominion” Gains Ground Cynthia Estlund Focusing the CFAA in Van Buren Orin S. Kerr What Christianity Loses When Conservative Christians Win at The Supreme Court Russell K. Robinson Executive Decisions After Arthrex Jennifer Mascott and John F. Duffy Late-Stage Textualism Ryan D. Doerfler The Roberts Court and the Transformation of Constitutional Protections for Religion: A Statistical Portrait Lee Epstein and Eric A. Posner Injury In Fact, Transformed Cass R. Sunstein Scalia’s Slip Owen Fiss The Institutionalist Turn In Copyright Shyamkrishna Balganesh

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Book SynopsisA "revolution" in the cognitive sciences has irrevocable transformed our basic understanding of the mind, establishing that imagination is both central to cognition and that imagination is an orderly, systematic, embodied process. This book applies this understanding to the discipline of law.

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Book SynopsisToronto prides itself on being the world's most diverse city, and its officials seek to support this diversity through programs and policies designed to promote social inclusion. The author brings to light the often unexpected ways that the development and implementation of policies shape everyday urban life.

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Book SynopsisMillennials have come of age in an era when environmental and social crises have defined much of their adult lives, as has the recurrent message that time is of the essence. Future generations will bear the greatest burden created by climate change, pandemics, and inequality, but often they are not in positions of power to make impactful decisions about it.This book gives voice to young lawyers offering new critical perspectives in the burgeoning field of corporate law and sustainability. Climate change is an intergenerational crisis, and the solutions and path forward must include intergenerational voices. Millennials are rising in power at a critical juncture in our climate and corporate history, and their perspectives stand apart from those who have been trained into myopic views of what constitutes change. These essays challenge the status quo across a number of pressing topics, including executive compensation, board diversity, decolonialization, crowdfunding, social mediTrade Review“Though the problems these essays confront are difficult, you will find in them neither despair nor defeat. They are never cynical, but always skeptical. And skepticism – at least this is how I see it – is always a symptom of hope. Why question the world as it is if you don’t believe it can be something better? So, listen to the voices of these young lawyers. Learn from them, see things from their perspectives, and, most importantly, feel the hope that drives their inquiries.” Joel Bakan, author and filmmaker of The Corporation and The New Corporation

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Book SynopsisMillennials have come of age in an era when environmental and social crises have defined much of their adult lives, as has the recurrent message that time is of the essence. Future generations will bear the greatest burden created by climate change, pandemics, and inequality, but often they are not in positions of power to make impactful decisions about it.This book gives voice to young lawyers offering new critical perspectives in the burgeoning field of corporate law and sustainability. Climate change is an intergenerational crisis, and the solutions and path forward must include intergenerational voices. Millennials are rising in power at a critical juncture in our climate and corporate history, and their perspectives stand apart from those who have been trained into myopic views of what constitutes change. These essays challenge the status quo across a number of pressing topics, including executive compensation, board diversity, decolonialization, crowdfunding, social mediTrade Review“Though the problems these essays confront are difficult, you will find in them neither despair nor defeat. They are never cynical, but always skeptical. And skepticism – at least this is how I see it – is always a symptom of hope. Why question the world as it is if you don’t believe it can be something better? So, listen to the voices of these young lawyers. Learn from them, see things from their perspectives, and, most importantly, feel the hope that drives their inquiries.” Joel Bakan, author and filmmaker of The Corporation and The New Corporation

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Book SynopsisThis text explores the principal issues and developments, both in international human rights and in rights in the United States, and then compares the concepts and conditions of rights in various parts of the world. It pays particular attention to the role of US foreign policy.

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Book SynopsisVolume one presents documents that establish the structure of the Supreme Court and recount the official record of the Court's activity during its first decade. It serves as an introduction and reference tool for the subsequent volumes in the series.

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Book SynopsisOne of social work's most distinguished theoreticians speculates about the factors that leads to crime and considers what we can do to prevent and respond to it meaningfully. The book is based on more than thirteen thousand cases in which Frederic G. Reamer has been involved as a parole board member. Reamer uses actual case studies to illustrate these patterns of "criminal circumstances."Table of Contents1. First Lessons 2. Crimes of Desperation 3. Crimes of Greed, Exploitation, and Opportunism 4. Crimes of Rage 5. Crimes of Revenge and Retribution 6. Crimes of Frolic 7. Crimes of Addiction 8. Crimes of Mental Illness 9. Final Lessons Crime Prevention Responding to Crime Notes References Index

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Book SynopsisWhat motivates suicide bombers in Iraq and around the world? Can winning the hearts and minds of local populations stop them? This book examines the use, strategies, successes, and failures of suicide bombing in Asia, the Middle East, and Europe. It assesses the effectiveness of government responses.Trade ReviewThis lucid and comprehensive study of the historical roots and contemporary motivations of suicide terror is a major study. Publishers Weekly Ms. Bloom...who has done extensive field research...[is] able to present a more nuanced and better informed analysis of suicide terror. -- Joshua Sinai Washington Times [Bloom] sheds interesting light on a phenomenon often mistakenly believed to be restricted to the Middle East. Washington Post Book World An insightful investigation into the internal workings of terrorist groups. -- Karl Helicher ForeWord Pertinent for western countries... It's a great introduction for students and those wishing to know more about the complex motivations of suicide bombers. -- Katherine Boothroyd Altar Magazine Bloom offers valuable insights into the rational calculus of terrorist groups. -- Peter Pham The National Interest The book is both well written and very informative... In troubled times such as these the book is worth reading. -- Stefan Isaksson UFO.SE A detailed study of suicide terror. -- Ira Smolensky Salem Press [Bloom] makes a convincing case. -- Mayer Nudell Security Management A welcome addition to a rapidly growing field of research. -- Ignacio Sanchez-Cuenca Political Science Quarterly Dying to Kill leaves us with a better understanding of the effects of oppression on populations, and the rationale behind the adoption of suicide bombing as a strategy by both groups and individuals. -- Aharon Horowitz Azure Anyone who wishes to really attempt to understand the history and motivations, Mia Bloom's tome is the way to go. American Jewish LifeTable of ContentsAcknowledgments Abbreviations Chapter 1. Introduction: The Historical Antecedents of Terror Chapter 2. Palestinian Suicide Bombing: Public Support, Market Share and Outbidding Chapter 3. Ethnic Conflict, State Terror and Suicide Bombing in Sri Lanka Chapter 4.Devising a Theory of Suicide Terror Chapter 5. Halting Suicide Terror from Within: the PKK in Turkey Chapter 6. Terror 101: Transnational Contagion Effects of Suicide Bombing Chapter 7. Feminism, Rape and War: Engendering Suicide Terror? Chapter 8. Conclusions and Prospects for the Future: Will Iraq Cause Suicide Terror at Home? Appendix Notes Index

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Book SynopsisTable of ContentsContents Acknowledgments 1. Background to Rape Reform 2. Legal Chnage Sweeps the Nation 3. Failures and Successes 4. Avenues for and Attitudes About Victims 5. The Legal Landscape 6. Affirmative Consent Reform Models 7. Consent and Voluntariness, Agreement/Nonconsent and Involuntariness, Nonagreement 8. Presumptive Nonagreement 9. Mens Rea 10. Applying Recklessness and Negligence 11. Defenses 12. Sexual Assault Under Duress and Fraud 13. Reforming Rape Reforms: Outline of the Model Array 14. Discussion of the Model Array 15. Advantages of a Paradigm Shift 16. Recommendations Complementing the Model Rape Law 17. Moving Forward: Social Institutions, Structures, and Processes Notes, 291 References, 317 Index, 331

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Book SynopsisTable of ContentsContents Acknowledgments 1. Background to Rape Reform 2. Legal Chnage Sweeps the Nation 3. Failures and Successes 4. Avenues for and Attitudes About Victims 5. The Legal Landscape 6. Affirmative Consent Reform Models 7. Consent and Voluntariness, Agreement/Nonconsent and Involuntariness, Nonagreement 8. Presumptive Nonagreement 9. Mens Rea 10. Applying Recklessness and Negligence 11. Defenses 12. Sexual Assault Under Duress and Fraud 13. Reforming Rape Reforms: Outline of the Model Array 14. Discussion of the Model Array 15. Advantages of a Paradigm Shift 16. Recommendations Complementing the Model Rape Law 17. Moving Forward: Social Institutions, Structures, and Processes Notes, 291 References, 317 Index, 331

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Book SynopsisExamines how modern Orthodox Christian thinkers have answered political, legal, and ethical questions. This book discusses the teachings of Orthodox Christian intellectuals of the late nineteenth and twentieth centuries. It also underscores the various ways Orthodox Christian intellectuals have shaped modern debates over the family and society.Trade ReviewRarely have the riches of modern theology and theological anthropology been so incisively analyzed for their insights into the fundamentals of our modern political condition. -- Jean Bethke Elshtain, University of Chicago Crisp, informative, even-handed, and, above all, interesting. It is a joy to learn what riches there are in modern times in the major Christian traditions. -- Robert N. Bellah, University of California, Berkeley A useful resource and a powerful inspiration. -- Rebecca S. Chopp, President, Colgate University; Former President, American Academy of Religion Extraordinary and exciting book, which deserves a wide audience. -- Adam A.J. DeVille Logos: A Journal of Eastern Christian StudiesTable of ContentsForeword Acknowledgments Contributors Introduction, by John Witte Jr. and Frank S. Alexander Introduction to the Modern Orthodox Tradition, by Paul Valliere Vladimir Soloviev (1853-1900) Nicholas Berdyaev (1874-1948) Vladimir Nikolaievich Lossky (1903-1958) Mother Maria Skobtsova (1891-1945) Dumitru Staniloae (1903-1993) Copyright Information Index to Biblical Citations General Index

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Book SynopsisTrade ReviewWe have clearly not learned the lessons of past financial debacles, a central one being that crime has played a significant role in them. Unlike traditional economic and legal analyses, this volume starts from the (correct) premise that criminal offending was a central phenomenon in the meltdown. Its contents provide diverse and penetrating analyses of how fraud occurred and how it might best be prevented. This work provides an excellent foundation for further academic research and needs to be on the desk of every legislator dealing with financial regulation. -- Henry N. Pontell, University of California, Irvine, coauthor of Profit Without Honor: White-Collar Crime and the Looting of America Criminology failed the challenges of the global financial crisis. In this book, leading criminologists put this right by explaining impunity for the crimes of financial capitalism. It is rich with insight on how Wall Street games regulation. When Goldman Sachs takes fat fees to help Greece conceal its debt, is fraud involved? Are millions of unemployed Greeks victims of fraud? Are we all? What of Goldman Sachs then placing bets on the failure of the Greek economy? These are the questions considered in this important work. -- John Braithwaite, Australian National University ...this book is a valuable resource for details about the financial crisis. Library JournalTable of ContentsAcknowledgmentsIntroductionPart I: Roots of the Crisis 1. Wall Street: Crime Never Sleeps David O. Freidrichs 2. The Logics of Finance: Abuse of Power and Systemic Crisis Saskia Sassen 3. America's Ponzi Culture Susan Will 4. Bernie Madoff Jock YoungPart II: Enablers of Fraud 5. Unaccountable External Auditors and Their Role in the Economic Meltdown Gilbert Geis 6. And Some with a Fountain Pen: Mortgage Fraud Subprime Bubble Harold C. Barnett 7. Generating the Alpha Return: How Ponzi Schemes Lure the Unwary in an Unregulated Market David ShapiroPart III: Perverted Justice 8. The Technological Advantages of Stock Market Traders Laureen Snider 9. Why CEOs Are Able to Loot with Impunity-and Why It Matters William K. Black 10. The Facade of Enforcement: Goldman Sachs the Politics of Blame Justin O'BrienPart IV: Perspectives from Afar 11. Reappraising Regulation: The Politics of "Regulatory Retreat" in the United Kingdom Steve Tombs and David Whyte 12. How They Still Try to Get Away with It: Crime in the Dutch Real Estate Sector Before and After the Crisis Hans Nelen and Luuk Ritzen 13. Economic and Financial Criminality in Portugal Rita Faria 14. Greece "For Sale": Casino Economy and State-Corporate Crime Sophia Vidali 15. Financial Fraud in China: A Structural Examination of Law and Law Enforcement Hongming ChengEpilogue Can They Still Get Away with It? Appendix A Short (Global) History of Financial Meltdowns Compiled by Alex Holden Contributors Index

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Book SynopsisTrade ReviewThis book recovers the complexity of immigration and government efforts to govern it. One of the most exciting and well-written books on the subject. -- Saskia Sassen, author of Territory, Authority, Rights: From Medieval to Global Assemblages An ambitious and sophisticated account of how U.S. law treats the most vulnerable among us. -- David Cole, author of Enemy Aliens: Double Standards and Constitutional Freedoms in the War on Terrorism What does the Emancipation Proclamation have to do with the Patriot Act, or Jim Crow with Bush Administration memos about immigration enforcement? Why have Democrats been tougher than Republicans on 'border control,' and how did a Haitian-born, naturalized U.S. citizen's loss of 'the right to have rights' foreshadow Arizona's controversial profiling law? In an even-handed tone, Philip Kretsedemas answers these and other surprising questions. His book challenges thoughtful readers of all political positions to rethink their assumptions about immigration--and immigrants--and to ask what it really means to be part of twenty-first-century America. -- Mark Dow, author of American Gulag: Inside U.S. Immigration Prisons Even though comprehensive immigration reform has become a political football over the last few decades, there are only a few Americans who understand the evolution of immigration legal policy within the United States over the course of our history. Kretsedemas takes the reader on a sobering narrative history of immigration policy in America in modern times. His book is a must-read for anyone seeking to overhaul our flawed immigration policies. -- Arsalan Iftikhar, international human rights lawyer, global media commentator, and managing editor of The Crescent Post You can gain much insight on these and other issues relating to immigration through this book for which the author done much research and reflects his prior acquired knowledge and insight. This is a must-read for anyone who seeks to understand theU.S.immigration dilemma. -- Sonu Chandiram BizIndia A sophisticated, clear-eyed analysis and critique of the limits of our current understandings of immigration policy... Kretsedemas has made a significant contribution... Highly recommended. American Journal of Sociology This thought-provoking book would fit in well in graduate courses on twentieth-century North American immigration history, as well as political science courses on migration and citizenship. Journal of American Ethnic HistoryTable of ContentsList of Tables Preface 1. Introduction: An Untimely Intervention on the U.S. Immigration Debate Puzzling Evidence: The Contradictions of Immigration Enforcement and the Politics of Immigration Policy Immigrants and State Power: On the Margins of the Law 2. A Different Kind of Immigration, a New Kind of Statelessness Almost Stateless: Migrant Marginality in an Era of "Nonimmigration" Policing Professional-Class Migrant Workers Racial-Ethnic Disparities and Nonimmigrant Flows Permutations of Statelessness 3. The Secret Life of the State On Necessity, Revolution, and the Modern State The Expansion of Executive Authority Under the Modern Presidency "Populist Rebellion" and the Neoliberal State Executive Authority, Globalization, and Immigration Policy Applying Executive Discretion to Immigration Enforcement 4. Concerned Citizens, Local Exclusions: Local Immigration Laws and the Legacy of Jim Crow Local Enforcement and Local Immigration Laws: The Policy Context Segregation or Coercive Integration? The Political Dynamics and Outcomes of Local Exclusionary Laws Interpreting the Law: Egalitarian Norms/Inegalitarian Practices Racial Disparities, Local Enforcement, and the Silence of the Law 5. Race, Nation, Immigration: Stranded at the Crossroads of Liberal Thought Beyond the Limits of the Law Cultural Pluralism, Ethnicity Theory, and the Problem of Laissez-Faire Racism Unlikely Convergences: Liberal Multiculturalism and Cultural Conservatism Looking Beyond the Cultural Primordialist vs. Social Constructionist Divide The Immigrant as an Agent of Transformation A Nietzschean Critique of "Race Thinking" The Problem with Practicality Rethinking the Nation: A New American Dilemma 6. Conclusion: The Immigration Crucible Immigration Policy and Enforcement Under the Obama Administration Immigration Policy, National Identity, and the Limits of Executive Authority Notes Bibliography Index

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Book SynopsisTrade ReviewRobert J. Duran's brilliantly intuitive work covers the literature in the field, and then quickly surpasses it. Having lived the 'life in two cities,' he reveals the genesis of gangs as a challenge to America's structural inequality. If for nothing else, Duran should be read for his eloquent history of racism and society's role in gang formation, an uncomfortable analysis for society's Pontius Pilates. Duran should be appreciated for his insight, praised for his clarity, and lauded for his personal and intellectual courage. -- Ernesto Vigil, author of The Crusade for Justice: Chicano Militancy and the Government's War on Dissent Gang Life in Two Cities is a masterful insider perspective and analysis of gangs, policing, and criminal justice, setting a new standard for research and scholarship in the field. A must read for anyone interested in gangs, gang diversion, and criminal justice. -- Alfredo Mirande, University of California, Riverside Gang Life in Two Cities should be required reading in college courses discussing gangs. Anyone interested in gangs and how society is responding to them should read it, too. -- Nate Carlisle The Salt Lake Tribune Unique and refreshing... [Duran] offers a rich, clear discussion of both the context and meaning of gang participation. -- Elyshia Aseltine Critical Criminology ...an informative and compelling read with a unique approach to gangs. Great Plains Research The personal and empirical narrative and detailed interview excerpts that Duran offers are compelling and convincing... Gang Life in Two Cities develops a new paradigm for understanding gang formation and gang enforcement. Social ForcesTable of ContentsAcknowledgments Introduction 1. Researching Gangs as an Insider 2. The War on Gangs in the Post-Civil Rights Era 3. Racialized Oppression and the Emergence of Gangs 4. Demonizing Gangs Through Religious Righteousness and Suppressed Activism 5. Negotiating Membership for an Adaptation to Colonization: The Gang 6. The Only Locotes Standing: The Persistence of Gang Ideals 7. Barrio Empowerment as a Strategy for Transcending Gangs Conclusion Notes References Index

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Book SynopsisThis book is the first to investigate all aspects of sexual crimes and the policy and management initiatives developed to address them from a transnational, global perspectiveTrade ReviewThis book presents various forms and contexts in which sexual crime takes place and how international perspectives on sexuality, human rights, and moral and legal principles provide a global framework. The latter is likely to expand and enrich students' understanding of sex crimes and appreciation of how local conditions shape sexual crimes and communities' responses to them. The book introduces students to the global range of sex offenses, sexual deviance, and sexual violence, presenting the many forms these behaviors take, the diverse contexts in which they occur, the international approaches to the manifestation of sex offenses, and the policies that address them. -- Edna Erez, University of Illinois at Chicago Sex Crimes provides a welcome new perspective on much discussed yet often poorly understood themes. The editors successfully analyze the complexity of sex crimes beyond the emotive outrage that some, not other, sex crimes elicit in the public eye. Instead, they propose a transnational framework to look at such crimes, exploring legal approaches as well as policies of treatment, prevention, and support. The excellent and diverse presentation of case studies and contexts, from trafficking to war crimes, animal rights, and masculinity studies, helps highlight links between and disruptions in the way sex crimes are seen and dealt with in international and domestic law and policy. A must read for anyone interested in sex crimes and the transnational. -- Jelke Boesten, King's College London A good read and a good introduction to the field... Highly recommended. Choice An essential read for anyone interested in gaining a more complete and global perspective on sexual violence. Journal of Aggression, Maltreatment and TraumaTable of ContentsPart I. Foundational Chapters Introduction, by Alissa R. Ackerman and Rich Furman 1. The Movement of Sexual Content and Sex Crimes from the Local to the Transnational, by Jay S. Albanese 2. What Is a "Sex Crime"? An Examination of the Various Definitions of Rape Across Countries, by Lisa L. Sample and Rita Augustyn 3. The Use of Masculinities in the Understanding and Treatment of Male Sexual Offenders, by Alissa R. Ackerman, Rich Furman, Jeffrey W. Cohen, Eric Madfis, and Michelle Sanchez 4. A World of Hurt: An International Look at Intimate Partner Violence, by Elicka S. Peterson-Sparks Part II. Sex Trafficking in a Transnational World 5. Global Sex Trafficking Overview: Facts, Myths, and Debates, by Mary Hiquan Zhou 6. INGOs and the UN Trafficking Protocol, by Charles Anthony Smith and Cynthia Florentino 7. Sex Work and Agency: Decriminalization of Prostitution, by Cathy Nguyen, Rich Furman, and Alissa R. Ackerman Part III. Examples and Contexts of Transnational Sex Crimes 8. Sexual Violence Against Political Prisoners: An Examination of Empirical Evidence in El Salvador and Peru, by Michele Leiby 9. Conflict and Postconflict Sexual Violence in Africa: Case Studies of Liberia, Northern Uganda, and Eastern Democratic Republic of Congo, by Helen Liebling 10. Donor Dollars and Ministerial Mindsets: Constraints on NGO Responses to Rape in Cambodia, by Catherine Burns and Kathleen Daly 11. Sexual Abuse Within Institutional Contexts, by Anne-Marie McAlinden 12. Child Sexual Abuse in the Catholic Church, by Karen J. Terry 13. Sexual Violence By and Against Trans People, by Phoenix J. Freeman 14. The Sexual Abuse of Animals, by Jennifer Maher List of Contributors Index

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Book SynopsisTrade Review"As a disability history, the book excels. . . . Disability Rights and Religious Liberty in Education achieves its goal of creating a comprehensive account of Zobrest that considers disability rights, history, and constitutional law." --Journal of Church and State"The definitive history of the landmark US Supreme Court case Zobrest v. Catalina Foothills School District 1993 . . . This is a great volume for legal scholars, families of special needs children, and school administrators. . . . Highly recommended." --Choice"An excellent job of telling the story of the Zobrests . . . Disability Rights and Religious Liberty in Education has so much to recommend it, both in its fascinating topic and its nuanced engagement with it." --H-Net Reviews

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Book SynopsisTrade Review"Coppola on criminal law? Streep on Libel? Capra on Constitutional Law? Denvir argues that ... popular films both reflect and shape our received myths about our most cherished legal institutions... Sit down with a box of popcorn, some Junior Mints, and Legal Reelism to find out what the Duke has to teach us about law and order in America." -- Harvard Law Review

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Book SynopsisThe courtroom, like the movie theater, is an arena for the telling and interpreting of stories. Drawing on both film studies and legal scholarship, this title explores the implications of representing court procedure, as well as other phases of legal process, in film.Trade Review"Cogent, clear, and compelling, Law in Film will certainly bring a new perspective to film studies."-David Desser, editor, Cinema Journal "Black's engaging treatments of the link between law and film are apt in an age that seems to be wrestling with the power of film documentation and camera as witness."-John Brigham, author of The Cult of the Court

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Book SynopsisIn 1988, Sandi and Larry Zobrest sued a suburban Tucson, Arizona, school district that had denied their hearing-impaired son a taxpayer-funded interpreter in his Roman Catholic high school. The Catalina Foothills School District argued that providing a public resource for a private, religious school created an unlawful crossover between church and state. The Zobrests, however, claimed that the district had infringed on both their First Amendment right to freedom of religion and the Individuals with Disabilities Education Act (IDEA). Bruce J. Dierenfield and David A. Gerber use the Zobrests'' story to examine the complex history and jurisprudence of disability accommodation and educational mainstreaming. They look at the family''s effort to acquire educational resources for their son starting in early childhood and the choices the Zobrests made to prepare him for life in the hearing world rather than the deaf community. Dierenfield and Gerber also analyze the thorny church-stateTrade Review"As a disability history, the book excels. . . . Disability Rights and Religious Liberty in Education achieves its goal of creating a comprehensive account of Zobrest that considers disability rights, history, and constitutional law." --Journal of Church and State"The definitive history of the landmark US Supreme Court case Zobrest v. Catalina Foothills School District 1993 . . . This is a great volume for legal scholars, families of special needs children, and school administrators. . . . Highly recommended." --Choice"An excellent job of telling the story of the Zobrests . . . Disability Rights and Religious Liberty in Education has so much to recommend it, both in its fascinating topic and its nuanced engagement with it." --H-Net Reviews

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Book SynopsisTrade Review"[Harmon] provides an informative context behind the 1978 Oliphant v. Suquamish decision, which removed tribal jurisdictions over non-Indians. This background elucidates the history of tribal jurisdiction over non-Indians, numerous court decisions favoring tribal sovereignty, the evolution of Indian-issue lawyers, tribal decision makers, the place of activists in the campaigns for sovereignty, and case studies of both the Quinault and Suquamish reservation issues. Students of policy and law will benefit from the extensive analysis of the Oliphant case, which includes plausible alternative approaches that might have made the tribal position more effective." * Choice *"Reclaiming the Reservation should be essential reading for anyone interested in federal Indian law and policy andis useful for those who want to know more about how historians and judges tell stories about the past." * Western Historical Quarterly *"Like all good historiography, the story is rich in people with big ideas and chutzpah who beat their heads against convention and established institutions...Reclaiming the Reservation gives them proper recognition as the yeast that gave western Washington tribes the confidence to reassert their cultural and political identities and reclaim collective power in the twentieth century." * Native American and Indigenous Studies Journal *"[T]his clearly written and detailed book... is much more than the story of one lost case. It also documents the ongoing activism and ingenuity of the Quinault and the Suquamish communities and shows, most importantly, what happened outside of the courtroom—in congressional hearings, forests, universities, tribal offices, beaches, intertribal meetings, conferences, and fishing grounds." * Pacific Historical Review *"Reclaiming the Reservation offers an unmatched synopsis of Native American sovereignty cases in a rich historical narrative that emphasizes Indigenous activism. Harmon moves seamlessly between local and national efforts, successfully articulating legal arguments in a human context... [S]imply an exceptional contribution that makes plain an otherwise-complicated field." * Journal of American History *"[A] surprisingly well-balanced look at how tribes have weathered colonialism as tribal nations continue to examine ways to affirm their sovereignty." * Tribal College Journal *"[T]his body of work opens critical intertribal dialogue with Native readers across Indian country…[A] pivotal Native American studies work that boldly demands the inclusion of community experiences outside the courts as a manner to revisit, rewrite, and re-right legal and policy analyses." * American Indian Culture and Research Journal *"Although Harmon has worked as an academic for the past few decades, teaching in the American Indian studies program at the University of Washington, she previously represented various tribes in Washington state, including a stint as the staff attorney for the Suquamish. Harmon makes clear from the outset that she is by no means a neutral, dispassionate observer of the history she writes about... [and she] builds her case through a careful study of Quinault and Suquamish tribal histories." * American Historical Review *

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Book SynopsisTrade Review"[Harmon] provides an informative context behind the 1978 Oliphant v. Suquamish decision, which removed tribal jurisdictions over non-Indians. This background elucidates the history of tribal jurisdiction over non-Indians, numerous court decisions favoring tribal sovereignty, the evolution of Indian-issue lawyers, tribal decision makers, the place of activists in the campaigns for sovereignty, and case studies of both the Quinault and Suquamish reservation issues. Students of policy and law will benefit from the extensive analysis of the Oliphant case, which includes plausible alternative approaches that might have made the tribal position more effective." * Choice *"Reclaiming the Reservation should be essential reading for anyone interested in federal Indian law and policy andis useful for those who want to know more about how historians and judges tell stories about the past." * Western Historical Quarterly *"Like all good historiography, the story is rich in people with big ideas and chutzpah who beat their heads against convention and established institutions...Reclaiming the Reservation gives them proper recognition as the yeast that gave western Washington tribes the confidence to reassert their cultural and political identities and reclaim collective power in the twentieth century." * Native American and Indigenous Studies Journal *"[T]his clearly written and detailed book... is much more than the story of one lost case. It also documents the ongoing activism and ingenuity of the Quinault and the Suquamish communities and shows, most importantly, what happened outside of the courtroom—in congressional hearings, forests, universities, tribal offices, beaches, intertribal meetings, conferences, and fishing grounds." * Pacific Historical Review *"Reclaiming the Reservation offers an unmatched synopsis of Native American sovereignty cases in a rich historical narrative that emphasizes Indigenous activism. Harmon moves seamlessly between local and national efforts, successfully articulating legal arguments in a human context... [S]imply an exceptional contribution that makes plain an otherwise-complicated field." * Journal of American History *"[A] surprisingly well-balanced look at how tribes have weathered colonialism as tribal nations continue to examine ways to affirm their sovereignty." * Tribal College Journal *"[T]his body of work opens critical intertribal dialogue with Native readers across Indian country…[A] pivotal Native American studies work that boldly demands the inclusion of community experiences outside the courts as a manner to revisit, rewrite, and re-right legal and policy analyses." * American Indian Culture and Research Journal *"Although Harmon has worked as an academic for the past few decades, teaching in the American Indian studies program at the University of Washington, she previously represented various tribes in Washington state, including a stint as the staff attorney for the Suquamish. Harmon makes clear from the outset that she is by no means a neutral, dispassionate observer of the history she writes about... [and she] builds her case through a careful study of Quinault and Suquamish tribal histories." * American Historical Review *

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Book SynopsisIntends to revive the people's right to petition the government for a redress of grievances as a key part of First Amendment jurisprudence.

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Book SynopsisHow do we bring the law into line with people's psychological experience?Trade ReviewWinner of the American Psychoanalytic Association's 2018 Courage to Dream Book PrizeWinner of the Sharon Harris 2018 Book Award, given by The University of Connecticut for the best book published in the humanities. "Anne Dailey takes up the controversial relation of law and psychoanalysis in a book of great cogency and importance. She goes far beyond the standard quarrels that divide the two fields and makes a reasoned and forceful case for psychoanalysis as coming to the aid of the law—not opposing it—in a richer account of human autonomy and responsibility."—Peter Brooks, Princeton University, author of Troubling Confessions: Speaking Guilt in Law and Literature"In this wise and wide-ranging book, Anne Dailey breathes fresh life into the psychoanalytic study of law. She makes the best case I know for the continuing relevance to law of the humanistic discipline of psychoanalysis and reminds us of the humility that must always accompany the law's fearful exercise of power when it relies on a conception of human agency that the psychoanalytic discovery of the unconscious teaches us is incomplete."—Anthony Kronman, Sterling Professor of Law, Yale Law School"In this masterpiece of scholarship, Anne Dailey argues that legal theory and our system of justice have been missing an essential ingredient: how the human mind works. Her synthesis of psychoanalysis and the law offers nothing short of a paradigm shift in how we approach some of the most challenging and controversial legal questions of our time."—Jordan Smoller, Professor Psychiatry, Harvard Medical School and author of The Other Side of Normal “With a rare combination of erudition, insight, and vision, Anne Dailey compellingly argues for a reintegration of legal and psychoanalytic thinking about human behavior. This is a provocative, historically grounded study with great contemporary relevance.”—Susanna Blumenthal, author of Law and the Modern Mind: Consciousness and Responsibility in American Legal Culture

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Book SynopsisFrom one of America's most distinguished constitutional scholars, an intriguing exploration of America's most famous political tract and its relevance to today's politicsTrade Review"[Levinson] writes in good humor, with a civil respect for his adversary."—Harvey Mansfield, The Wall Street Journal"Levinson’s scholarship and jurisprudence are indisputable."—Publishers Weekly"This book is a delight, and an excellent introduction to The Federalist. Almost anyone, whether beginner or experienced scholar, can benefit from reading Levinson's take on these classic essays."—Jack M. Balkin, Yale Law School"Sanford Levinson has one of the most original minds in the American legal community, and it is on full display in this wonderful new book."—Alan Wolfe, Boston College"Levinson's brilliant short essays do much more than bring extraordinary insight to one of our most important Founding documents. They show how the questions posed by The Federalist are timeless, global and as compelling today as they were when written. Levinson gives more relevance to The Federalist than it has had since 1788. Fascinating and important."—Elliot Gerson, The Aspen Institute"In his new examination of the Federalist Papers, Levinson lays out a powerful case for believing that the Founders, far from thinking government should be constrained, were focused instead on how to give it sufficient power to function effectively. Agree with him or not, Levinson’s is a brilliant and well-constructed brief for rethinking what our Founders were trying to say."—Former Congressman Mickey Edwards, author of The Parties versus the People: How to Turn Republicans and Democrats into Americans

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Book SynopsisDo the dead have rights? In a persuasive argument, Don Herzog makes the case that the deceased's interests should be protectedTrade Review“This fascinating book is not merely about defamation and death but about rationality, the nature of human interests, and what we value and why we value it. Herzog offers for all of these topics interesting arguments, fascinating puzzles, and constant provocation to think and to contemplate.”—Frederick Schauer, David and Mary Harrison Distinguished Professor of Law, University of Virginia"The conclusion of this book—that it ought to be possible to recover damages for defamation of the dead—is hardly an earth-shattering thesis in public policy. But the route that Don Herzog takes to his conclusion is beautifully laid out, sparkling with history, anecdote, and argument, all presented in his inimitably engaging style."—Jeremy Waldron, New York University"Don Herzog explores an odd corner of tort law--defamation and other cases on behalf of the dead--to make the case that individuals really do have interests in what happens after they are dead, and that the point of tort law is to vindicate individual interests. A must-read for those who deny that the dead have interests; a terrific romp for those who think they do.—Elizabeth Anderson, John Dewey Distinguished University Professor of Philosophy and Women's Studies, University of Michigan, Ann Arbor

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Book SynopsisTrade Review“Jack Balkin has gathered a terrific group of constitutional scholars to debate a fundamental issue: same-sex marriage. This is a great introduction to the confounding question of how Americans should interpret their Constitution in today's world.”—Geoffrey R. Stone, author of Sex and the Constitution"By including a wide spectrum of voices and social movement perspectives, this book provides an extraordinary case study of how constitutional law and politics can produce starkly different social meanings of such fundamental concepts as marriage and equality."—Nan D. Hunter, Georgetown University“This engaging and thought-provoking book features a wide range of scholarly views about marriage, constitutional liberty and equality, and the roads not taken in Obergefell.”— Mary L. Bonauto, attorney at GLBTQ Legal Advocates & Defenders (GLAD)

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Book SynopsisWhy originalism is a flawed, incoherent, and dangerously ideological method of constitutional interpretationTrade Review“Chemerinsky . . . offers a concise, point-by-point refutation of the theory [of originalism]. He argues that it cannot deliver what it promises—and if it could, no one would want what it is selling.”—David Cole, New York Review of Books Listed by Wall Street Journal in “12 Books to Read: The Best Reviews of September” “Chemerinsky has written a powerful, respectful but devastating critique of the political practice known as originalism. This rich and careful book provides essential context for understanding the confusions and self-deceptions of that project.”—Aziz Z. Huq, Frank and Bernice J. Greenberg Professor of Law, University of Chicago “Worse Than Nothing addresses an exceptionally timely and significant issue. Chemerinsky provides a definitive account of the rise and pitfalls of originalism that is accessible to a broad audience of lawyers and nonlawyers alike.”—Leah Litman, professor of law, University of Michigan Law School “Worse Than Nothing is a devastating, concise, and beautifully written critique of originalism. It is a must read for anyone interested in the current debates about originalism and constitutional interpretation.”—Eric J. Segall, author of Originalism as Faith “Originalism mistakenly seeks to slavishly tie interpretation of our living Constitution to a single point in time. Nowhere is this mistake more forcefully and clearly explained than in this excellent new book by Erwin Chemerinsky.”—Martin H. Redish, author of Judicial Independence and the American Constitution “Clear, concise and devastating. . . . A must-read for anyone interested in the Constitution and its contemporary meaning.”—David Cole, national legal director of the ACLU

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Book SynopsisCole excavates the forgotten global history of criminal identificationfrom photography to exotic anthropometric systems based on measuring body parts, from fingerprinting to DNA typing. He reveals how fingerprinting ultimately won the trust of the public and the law after a long battle against rival identification systems.Trade ReviewFor most of the century since it made its courtroom debut, fingerprinting has enjoyed an impeccable reputation for identifying criminals. What jury would acquit a suspect if his prints matched those found at the scene of a crime? …Simon Cole…is one of a small group of people that has started looking at the technique which, above all others, gave forensic ‘science’ its scientific status. And, surprisingly, he has found it is scientifically and statistically wanting. * The Economist *For almost a century, fingerprinting remained one of the most respected tools of forensic science. Only in the early nineties did faith in its reliability begin to erode. In [Suspect Identities], Simon A. Cole recounts how a number of cases involving the New York State Police revealed tampering with fingerprint evidence, as well as the incompetence of many police labs. -- William Cohen * New Yorker *[A] fascinating, thought-provoking book. * Science *Simon A. Cole's well-written and interesting book is a cultural, social, and scientific history of fingerprint identification. It makes the intriguing argument that scientific merit had nothing to do with the acceptance of fingerprints as uniquely good identification evidence. -- Adina Schwartz * New York Law Journal *Cole's treatment of fingerprinting is...commendable...[He] shows that...court cases...were not quite as singular in ascendancy of fingerprinting over the Bertillon system, but rather added weights that finally tipped the scales in favor of fingerprinting; he is also cautionary about its claim to absolute reliability. * Booklist *Cole weaves the intriguing tale of how and why people were identified as who they claimed to be. This history begins in the era where identification was largely unnecessary because people did not travel very far and were known in their own communities. As both travel and criminal behavior increased, the need to identify people grew...Cole describes the ancient use of fingerprints up through time until they became commonplace for use in identifying criminals. He presents an excellent account of the problems and controversies surrounding the use of fingerprints for identification, ending with the current issues of using DNA for identification. The illustrative stories are excellent, making this a fascinating trip through identification history. -- J. A. Brown * Choice *Cole's comprehensive...book investigates the tangled intersections of scientific identification and law enforcement...[with] rigorous detail and attention to historical ambiguities...This well-wrought history will be admired by scholars and serious lay readers. * Publishers Weekly *Cole's Suspect Identities is far more than a masterly and detailed chronicle of the journey from the anonymous mobile stranger in the seventeenth century to today's DNA-fingerprinted sex offender whose moves are tracked via the Internet. It is also an astute analysis of the social, political, and economic forces that explain why the journey took certain paths. This book sets the high benchmark for scholarship in this area. -- Troy Duster, New York UniversitySuspect Identities is a fascinating account of an important subject. In his history of identification techniques from fingerprints to DNA, Simon Cole tells the story of our recurring attempts to forge reliable links between bodies, persons, and crimes. As Cole shows in these pages, the aim of these techniques, from Martin Guerre to O. J. Simpson, is not just to link persons with criminal acts. It is to link persons to themselves, to establish their identities with the certainty of science, and to use these identifiers for bureaucratic and diagnostic purposes. And therein lies their danger, as well as their usefulness, as critics of 'DNA fingerprinting' are beginning to discover. Written with intelligence, wit, and insight, this book will stand as the definitive account for a long time to come. -- David Garland, author of The Culture of Control: Crime and Social Order in Late ModernitySuspect Identities shows that a fascinating journey through the history of science can illuminate current controversies. This well-written book teaches us as much about the problems facing forensic scientists today as it does the history of fingerprinting. -- Barry Scheck, Co-Director, The Innocence ProjectTable of ContentsPrologue: Jekylls and Hydes 1. Impostors and Incorrigible Rogues 2. Measuring the Criminal Body 3. Native Prints 4. Degenerate Fingerprints 5. Fingerprinting Foreigners 6. From Anthropometry to Dactyloscopy 7. Bloody Fingerprints and Brazen Experts 8. Dazzling Demonstrations and Easy Assumptions 9. Identification at a Distance 10. Digital Digits 11. Fraud, Fabrication, and False Positives 12. The Genetic Age Epilogue: Bodily Identities Notes Credits Acknowledgments Index

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Book SynopsisPresents a comprehensive theory of legal interpretation. This book argues that an alternative approach - purposive interpretation - allows jurists and scholars to approach all legal texts in a similar manner while remaining sensitive to the important differences.Trade Review"One of the most respected judges serving today is Aharon Barak, President of the Supreme Court of Israel. His commitment to the rule of law and constitutional rights, and his encyclopedic knowledge of the history, case law and principles of a wide variety of legal systems, are at the heart of Purposive Interpretation in Law. In this major work of legal philosophy, Barak develops a legal theory to explain how judges should resolve cases which depend on the interpretation of texts, whether contracts, statutes or constitutions."--David Pannick, QC, The Times (London) "Must reading for social scientists and legal theorists, as well as for jurists and other legal practitioners, who seek to witness the complexities of contemporary judicial decision-making... Barak has written a masterful book that will further the quest for a general theory of legal interpretation. And for this both scholars and practitioners should be thankful."--Ronald Kahn, Law and Politics Book Review "This book is a must-read for anyone interested in political theory and legal philosophy, but the specific areas of law that Barak so carefully investigates, make it relevant for private, public and comparative law academics and practitioners as well."--AlbertoVespaziani, European LegacyTable of ContentsIntroduction xi PART ONE: INTERPRETATION 1 Chapter One: What Is Legal Interpretation? 3 1. Definition of Legal Interpretation 3 2. The Limits of Interpretation 16 3. Basic Problems in Interpretation 26 4. Systems of Interpretation in Law 30 5. Advantages and Disadvantages of Interpretive Rules 38 6. The Status and Sources of Interpretive Rules 47 7. Laws of Interpretation, Jurisprudence, and General Hermeneutics 54 Chapter Two: Non-Interpretive Doctrines 61 1. The Essence of Non-Interpretive Doctrines 61 2. Filling in a Gap in a Legal Text 66 3. Resolving Contradictions Normatively 74 4. Correcting Mistakes in the Language of a Text 77 5. Deviating from the Language of the Text to Avoid Absurdity 80 6. Cy Pres Performance 80 7. From Interpretive Theory to Purposive Interpretation 82 PART TWO PURPOSIVE INTERPRETATION 83 Chapter Three: The Essence of Purposive Interpretation 85 1."Purposive Interpretation": Terminology 85 2. Fundamentals of Purposive Interpretation 88 Chapter Four: The Semantic Component of Purposive Interpretation 97 1. Interpretive Theory and Semantic Theory 97 2. Types of Language 103 3. Canons of Interpretation 107 Chapter Five: The Purposive Component of Purposive Interpretation 110 1. The Essence of Purpose 110 2. Multiple Purposes 113 Chapter Six: Subjective Purpose: Authorial Intent 120 1. The Essence of Subjective Purpose 120 2. Abstract Purpose and Concrete Purpose 126 3. Subjective Purpose and the Problem of Multiple Authors 129 4. Sources of Subjective Purpose 135 5. Subjective Purpose as a Presumption about the Text's Purpose 145 Chapter Seven: Objective Purpose: Intent of the Reasonable Author; Intent of the System 148 1. The Essence of Objective Purpose 148 2. Sources of Objective Purpose: Internal and External 157 3. Presumptions of Objective Purpose 170 4. Contradictions between Purposive Presumptions 176 Chapter Eight: The Purposive Component: Ultimate Purpose 182 1. The Weight of Subjective and Objective Purpose in Determining Ultimate Purpose 182 2. Type of Text: Will, Contract, Statute, and Constitution 185 3. Type of Text: The Effect of a Text's Age on Its Ultimate Purpose 191 4. Type of Text: Distinguishing Texts by Scope of Issues Regulated 193 5. Type of Text: Changes in Regime Character and Society's Fundamental Assumptions 195 6. Type of Text: Texts Based on Rules and Texts Based on Standards 197 7. Type of Text: Content of the Provision 200 8. The Effect of Type of Text on Ultimate Purpose 203 9. Formulating Ultimate Purpose 205 Chapter Nine: Discretion as a Component in Purposive Interpretation 207 1. The Essence of Judicial Discretion 207 2. Situations of Judicial Discretion 214 Chapter Ten: The Theoretical Basis for Purposive Interpretation 218 1. The Need to Justify a System of Interpretation 218 2. Social Support for Purposive Interpretation 221 3. Jurisprudential Support for Purposive Interpretation 224 4. Hermeneutic Considerations in Favor of Purposive Interpretation 230 5. Constitutional Considerations in Favor of Purposive Interpretation 233 Chapter Eleven: Purposive Interpretation and Its Critique of Other 260 Systems of Interpretation 1. Purposive Interpretation and Subjective Systems of Interpretation 260 2. Purposive Interpretation and Objective Systems of Interpretation: Textualism,"Old " and "New "269 3. Purposive Interpretation and Pragmatism 286 4. Purposive Interpretation and Dworkin's System of Interpretation 290 5. Purposive Interpretation and Free Interpretation 297 6. Critique of Purposive Interpretation and Some Responses 301 PART THREE INTERPRETATION IN LAW 305 Chapter Twelve: The Interpretation of Wills 307 1. The Uniqueness of a Will and How It Affects Interpretation 307 2. The Language of a Will 309 3. The Purpose of a Will 309 Chapter Thirteen: The Interpretation of Contracts 318 1. The Uniqueness of a Contract and How It Affects Interpretation 318 2. Contract Theory and Contractual Interpretation 321 3. The Purpose of a Contract 325 4. The Subjective Purpose of a Contract 326 5. Sources of Subjective Purpose 329 6. The Objective Purpose of a Contract 332 7. Presumptions for Identifying Objective Purpose 334 8. The Ultimate Purpose of a Contract 336 Chapter Fourteen: Statutory Interpretation 339 1. The Uniqueness of a Statute and How It Affects Interpretation 339 2. The Subjective Purpose of a Statute 341 3. Subjective Purpose Learned from the Language of a Statute 342 4. Subjective Purpose Learned from Sources External to the Statute: Legislative History 344 5. The Objective Purpose of a Statute 350 6. Sources of Objective Purpose 352 7. Presumptions of Objective Purpose 358 8. The Ultimate Purpose of a Statute 363 Chapter Fifteen: Constitutional Interpretation 370 1. The Uniqueness of a Constitution and How It Affects Interpretation 370 2. The Language of a Constitution 372 3. The Subjective Purpose of a Constitution 375 4. The Objective Purpose of a Constitution 377 5. Sources of Objective Purpose 377 6. The Ultimate Purpose of a Constitution 384 Appendix 1 The Structure of Legal Interpretation 395 Appendix 2 Purposive Interpretation 396 Appendix 3 Weighting Subjective and Objective Purposes 397 Index 399

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Book SynopsisFocusing on the relationship between law and communities, this volume critically examines the ways that the incarceration explosion, the disproportionate number of African-Americans in American prisons and various forms of racial profiling (policing motorists, juror narratives, campaigns playing the race card, for instance) concentrate disadvantage and make salient political challenges to prevailing understandings of the relationship between crime, punishment, and governance.Table of ContentsContents: Series preface; Introduction. Police Powers: Street stops and broken windows: terry, race and disorder in New York City, Jeffrey Fagan and Garth Davies; Theorizing policing: the drama and myth of crime control in the NYPD, Peter K. Manning; The role of procedural justice and legitimacy in shaping public support for policing, Jason Sunshine and Tom R. Tyler; Schools as communities: the relationships among communal school organization, student bonding and school disorder, Allison Ann Payne, Denise C. Gottfredson and Gary D. Gottfredson; Legal cynicism and (subcultural?) tolerance of deviance: the neighborhood context of racial differences, Robert J. Sampson and Dawn Jeglum Bartusch. Racial Profiling: Deadly symbiosis: when ghetto and prison meet and mesh, Loïc Wacquant; Race and place: the ecology of racial; profiling African American motorists, Albert J. Meehan and Michael C. Ponder; Narratives of the death sentence: toward a theory of legal narrativity, Benjamin Fleury-Steiner; Executing Hortons: racial crime in the 1988 Presidential campaign, Tali Mendelberg; Racial typification of crime and support for punitive measures, Ted Chiricos, Kelly Welch and Marc Gertz.The Incarceration Explosion: Ballot manipulation and the 'menace of negro domination': racial threat and felon disenfranchisement in the United States, 1850-2002, Angela Behrens, Christopher Uggen and Jeff Manza; The impact of incarceration on wage mobility and inequality, Bruce Western ; The mark of a criminal record, Devah Pager;Coercive mobility and crime: a preliminary examination of concentrated incarceration and social disorganization, Todd R. Clear, Dina R. Rose, Elin Waring and Kirsten Scully; Why are US incarceration rates so high?, Michael Tonry. Political Challenges: The punishment across time and space: a pooled time-series analysis of imprisonment rates, David Jacobs and Jason T. Carmichael; The politics of punishing: building a state governance theory of American imprisonment, Vanessa Barker; The political response to black insurgency: a critical test of competing theories of the State, Richard C. Fording; Megan's Law: crime and democracy in late modern America, Jonathan Simon; The politics of crime and punishment, William Lyons and Stuart Scheingold; Name index.

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Book SynopsisCorporate Finance for Lawyers explores the intricate relationship between law and corporate finance. Utilising the ‘Financial Mindmap’ throughout, chapters depict financial concepts by using colours and visualisations in a clear and intuitive manner.Trade Review‘Using an easy to follow financial tool the authors explain how key elements of corporate finance including leverage finance, company valuations, secured lending and non-interest bearing finance work and interrelate, how returns are achieved and what terms like enterprise value and working capital really mean. They do so in an innovative way drawing together finance theory and the reality of practice to produce what is likely to be a key foundation text not just for corporate lawyers but all those working in the world of M&A and finance.’ -- Chris Hale, Chair Emeritus, Private Equity and Financial Sponsors‘This work presents a great utility in how it addresses issues affecting businesses from legal, economic, financial and accounting perspectives from the moment of setting up to when a business experiences financial difficulties. The treatment is holistic, the materials from impeccable sources and the arguments firmly grounded in the authors' many years of experience. Without doubt, it is an important and timely text.’ -- Paul Omar, De Montfort Leicester Law School, UKTable of ContentsContents: 1 Introduction to law and corporate finance Rolef de Weijs 2. Does leverage create value? Rolef de Weijs 3. Corporate finance and company valuation: why cash became king Joost de Vries and Rolef de Weijs 4. Discounted cash flow valuation and indirect cash flow analyses: retracing the cash Joost de Vries 5. Secured credit and its use: distinguishing between productive and non-productive credit Rolef de Weijs 6 Hybrid finance by means of shareholder loans Rolef de Weijs 7. Financing through shareholder guarantees Aart Jonkers 8 Reorganisation procedures Aart Jonkers and Rolef de Weijs Index

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Book SynopsisThe Encyclopedia of Crime and Punishment provides the most comprehensive reference for a vast number of topics relevant to crime and punishment with a unique focus on the multi/interdisciplinary and international aspects of these topics and historical perspectives on crime and punishment around the world.Trade ReviewThis work may just start a revolution in the production of subject encyclopedias...concisely written entries refrain from excessive technical jargon without compromising definitions or information. Articles are comprehensible to students and professionals or criminal-justice aficionados alike...This resource belongs in every public and academic library...." Summing Up: Highly recommended. All readership levels - CHOICE, Editor Picks, November 2016Table of ContentsVolume I About the Editors vii Notes on Contributors ix Lexicon xliii Introduction xlvii Acknowledgments xlix Crime and Punishment A–C 1 Volume II Crime and Punishment D–N 467 Volume III Crime and Punishment O–Z 913 Index 1319

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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 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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Book SynopsisThis is a new English translation of St. Thomas Aquinas’s Treatise on Law, found in Questions 90–108 of the First Part of the Second Part of the Summa Theologiae. In fact, it is the only free-standing English translation of the entire Treatise, which includes both a general account of law (Questions 90–92) and also specific treatments of what St. Thomas identifies as the five kinds of law: the eternal law (Question 93), the natural law (Question 94), human law (Questions 95–97), the Old Law (Questions 98–105), and the New Law (Questions 106–108). All other extant editions of Treatise on Law stop with the human law, and are thus approximately one-third the size of the full Treatise. St. Thomas’s account of law is firmly embedded within a general moral theory that begins with a rich conception of human flourishing, i.e., the good for human beings (Questions 1–5). This good consists, first and foremost, in our ultimate and intimate union with the Persons of the Blessed Trinity – a union that in our present state we can grasp intellectively and pursue affectively only with God’s supernatural assistance. It is within this framework that we order our loves and pursue the more proximate goals they open up to us as human beings in this life. Given the appropriate goals, the next question is how we can get from where we are, in the grips of the consequences of Original Sin, to where we want to be. The answer is: by means of (a) human actions that are good, i.e., rightly ordered toward our ultimate end and (b) the habits that these actions either engender or flow from. In analyzing human actions (Questions 6–21) and their relation to the passions (Questions 22–48), St. Thomas gives a general account of what he calls the ‘intrinsic principles’ of human actions and their associated habits – both virtues (Questions 49–70) and vices (Questions 71–89). It is only then that he turns to what he calls the ‘extrinsic principles’ of good human actions, viz., law (Questions 90–108) and grace (Questions 109–114). According to St. Thomas, law, far from supplanting virtue as a basic principle of action, serves as an independent principle of action that complements virtue and is itself capable of being factored into practical deliberation. The reason is that all of God’s precepts, prohibitions, and punishments are aimed at promoting the good of the whole universe and, more particularly, the good for human beings, both individually and within the various forms of social life. Because of this, law serves as both a restraint on bad actions and a spur to good action, i.e., a restraint on actions that take us away from virtue and genuine human flourishing and a spur to actions that promote virtue and flourishing. There are many benefits of having the whole treatise rather than just the first few questions, as has been the standard practice in previous editions of the Treatise on Law. To mention just a few of these benefits, the question on the moral precepts of the Old Law (question 100) helps to illuminate in many different ways the earlier questions on natural law and human law (questions 94–97). Again, the questions on the ceremonial and judicial precepts of the Old Law (questions 101–105) demon-strate in depth the symbiotic relationship that St. Thomas takes to obtain between the Old Testament and the New Testament. The questions on the New Law provide an introduction to the Christian way of life that will be described in incomparable detail in the Second Part of the Second Part, the bulk of which is structured around the treatment of the three theological virtues and the four cardinal virtues.

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Book SynopsisThis special issue of the Journal of Human Rights and the Environment revisits Professor Christopher D. Stone's iconic 1972 article, and features an introduction by Professor Philippe Sands QC, a set of elegant and thought-provoking reflections on the original article by Baroness Mary Warnock, Professor Ngaire Naffine and Professor Lorraine Code, and an equally elegant and thought-provoking response to their reflections from Professor Stone himself. This thoughtful collection of essays will be a valuable addition to contemporary debates concerning the crucial search for new relationships between humanity and the living world and between human rights and the environment. The renowned contributors offer rich reflections on questions of legal standing, legal subjectivity and epistemology raised by Stone's article, and which have greater salience than ever as we face the environmental and human challenges of the 21st century. Contributors: L. Code, A. Grear, N. Naffine, P. Sands, C.D. Stone, M. WarnockTable of ContentsContents: Editorial Should Trees Have Standing: 40 Years On? Anna Grear Foreword On Being 40: A Celebration of ‘Should Trees Have Standing?’ Philippe Sands Articles Should Trees Have Standing? Toward Legal Rights for Natural Objects Christopher D Stone Should Trees Have Standing? Mary Warnock Legal Personality and the Natural World: On the Persistence of the Human Measure of Value Ngaire Naffine Ecological Responsibilities: Which Trees? Where? Why? Lorraine Code Response to Commentators Christopher D Stone

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Book SynopsisA SUNDAY TIMES BESTSELLER In the past few decades, legislatures throughout the world have suffered from gridlock. In democracies, laws and policies are just as soon unpicked as made. It seems that Congress and Parliaments cannot forge progress or consensus. Moreover, courts often overturn decisions made by elected representatives. In the absence of effective politicians, many turn to the courts to solve political and moral questions. Rulings from the Supreme Courts in the United States and United Kingdom, or the European court in Strasbourg may seem to end the debate but the division and debate does not subside. In fact, the absence of democratic accountability leads to radicalisation. Judicial overreach cannot make up for the shortcomings of politicians. This is especially acute in the field of human rights. For instance, who should decide on abortion or prisoners' rights to vote, elected politicians or appointed judges? Expanding on arguments first laid out in the 2019 Reith Lectures, Jonathan Sumption argues that the time has come to return some problems to the politicians.Trade Reviewbrisk, entertaining, brilliant ... one of the great lawyers of our time -- Bryan Appleyard * the Sunday Times *magisterial -- Edward Fennell * the Times *

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