Law Books
Cambridge University Press Thinking about Property From Antiquity To The Age Of Revolution 90 Ideas in Context Series Number 90
Book SynopsisAn intellectual history of broad scope, beginning with Plato and ending on the brink of modernity. It explores the historical development of some central themes about property, showing how these themes sparked confrontation between apologists and critics of private property over its legitimacy, among philosophers, theologians and jurists through the ages.Trade Review''This marvellous book combines very substantial and wide-ranging scholarship with great conceptual and analytic rigour to present a sophisticated, entirely original and highly compelling history of conceptions of property in the West from the Greeks to the 19th century.' Raymond Geuss, Professor in Philosophy, University of Cambridge'Garnsey's meticulous and focused scholarship will fundamentally change our basic thinking about the origins and legitimation of property in the western tradition … I know of no other work that so accurately traces the genealogy of modern debts to ancient thought on this important subject.' Brent Shaw, Professor of Classics and Andrew Fleming West Professor of Classics, Princeton University'… this is a wide-ranging, learned and ambitious book that is intended to appeal to a wide audience. It should interest historians of ideas, students of political thought, scholars of religion, and anyone interested in the intellectual roots of rights theory. … Garnsey stakes out fruitful common ground for classical, Christian, and early modern legal and political texts.' Bryn Mawr Classical ReviewTable of ContentsIntroduction; 1. Plato's 'communism', Aristotle's critique and Proclus' response; 2. Plato's 'communism': from late antiquity via Islamic Spain to the Renaissance; 3. Renunciation and communality: thinking through the primitive Church; 4. The poverty of Christ: crises of asceticism from the Pelagians to the Franciscans; 5. The state of nature and the origin of private property: Hesiod to William of Ockham; 6. The state of nature and the origin of private property: Grotius to Hegel; 7. Property as a legal right; 8. Property as a human right; Conclusion.
£30.99
Cambridge University Press EC Competition Law
Book SynopsisMonti explores the development of EC competition law through an interdisciplinary approach, focusing on the political and economic considerations that affect the way the rules are interpreted. Written with competition law students in mind, it should also be of interest to undergraduate and postgraduate students of EU politics and economics.Trade Review'… the most readable and yet thoughtful account on the market. Whilst being very practical, it has the great benefit of making clear the distinctive contributions of law and politics (not simply economics) to competition law in the EU.' Daniel Wilsher, City University LondonTable of Contents1. Competition law - policy perspectives; 2. The core values of EC competition law in flux; 3. Economics and competition law; 4. Competition law and public policy; 5. Market power; 6. Abuse of a dominant position: anticompetitive exclusion; 7. Abuse of a dominant position: from competition policy to sector-specific regulation; 8. Merger policy; 9. Oligopoly markets; 10. Distribution agreements; 11. Institutions: who enforces competition law?; 12: Competition law and liberalisation; 13. Conclusions.
£57.99
Cambridge University Press The English Historical Constitution
Book SynopsisThe fundamental legal and institutional changes of recent decades have brought the English constitution into question. Accompanying issues have been the extent to which its traditional character and main features have been changed, lost their former appeal and retained their distinctness in the European Union. These issues are not readily addressed in everyday thinking about a constitution simply conceived as unwritten or in constitutional accounts variously preoccupied with abstract analysis, political accountability or transcendent norms. The English Historical Constitution addresses these issues by developing a historical constitutional approach and thus elaborating on continuity and change in the constitution''s main doctrines and institutions. From an English legal perspective, it offers a complement or corrective to analytical, political and normative approaches by reforming an old conception of the historical constitution and of its history, partly obscured and long neglected thTrade Review'… a deeply impressive piece of legal scholarship. The depth of research is striking when dealing with topics more usually found in legal history books and the strength of analysis on topics of constitutional theory is both extraordinarily lucid and consistent.' The Law Quarterly Review'John Allison's new book is a welcome attempt to place - or rather to replace - a sense of history at the heart of English constitutional law scholarship. … Allison's analysis of the Crown is fascinating … In his nuanced and elegant treatment of the separation of powers … he traces many of the similarities and differences between the English and French understandings … Allison is (to my mind refreshingly) impatient with both the leading schools of thought on the sovereignty of Parliament … In a brilliant passage, Allison shows just how empty vague reliance on 'constitutional principle' can be. … He has valiantly demonstrated the need for constitutional lawyers to embrace as part of their scholarship a sense of history …' Modern Law Review'Regardless of whether one approves of, or is troubled by, the [recent constitutional] reforms, there is much in this book by way of intellectual nourishment for all students of constitutional law and history.' Commonwealth Lawyer'From Coke, through Dicey, to the Human Rights Act 1998, Allison beautifully describes the modes of gradual change of the English historical constitution.' American Journal of Legal History'The English Historical Constitution is an important work which deserves careful study by constitutional lawyers. … [It is] a book that is worth reading many times.' Public LawTable of Contents1. Introduction; 2. A historical constitutional approach; 3. The crown: evolution through institutional change and conservation; 4. The separation of powers as a customary practice; 5. Parliamentary sovereignty and the European Community: the economy of the common law; 6. The brief rule of a controlling common law; 7. Dicey's progressive and reactionary rule of law; 8. Beyond Dicey; 9. Conclusion and implications.
£39.99
Cambridge University Press Gender and the Constitution Equity and Agency in Comparative Constitutional Design
Book SynopsisWe live in an era of constitution-making. New constitutions are appearing in historically unprecedented numbers, but no democratic constitution today can fail to recognize or provide for gender equality. This book attempts comprehensively to consider what needs to be taken into account when gender equity and agency are among the constitution-makers' goals.Trade Review"The book makes an important contribution to a growing literature on a topic of concern to legal scholars, women's rights advocates, and political scientists...By providing a comparative overview of constitution making, interpretation, and application, Irving's book is a valuable resource for constitutional scholars as a whole, and for those especially interested in the role of gender in constitutions and the consequent effects of gender equality in society." Politics & Gender Susan Gluck Mezey, Loyola University Chicago"[This] book provides a necessary, and perhaps long overdue, service by launching a civic discourse about gender and the constitution." International Law and Politics, Kristina AgassiTable of Contents1. Framework; 2. Language; 3. Federalism; 4. Citizenship; 5. The constitutional court; 6. Representation; 7. Equality rights; 8. Reproductive rights; 9. International and customary law; 10. Conclusion.
£33.99
Cambridge University Press Genocide in International Law
Book SynopsisThis second edition of the authoritative guide to the interpretation and application of genocide in international law reviews the drafting and interpretation of the 1948 Genocide Convention and considers the definition of genocide, forms of commission of the crime, defences to charges of genocide and responsibilities in terms of extradition.Table of Contents1. Origins of the legal prohibition of genocide; 2. Drafting of the Convention and subsequent normative developments; 3. Groups protected by the Convention; 4. The physical element or actus reus of genocide; 5. The mental element or mens rea of genocide; 6. 'Other acts' of genocide; 7. Defences to genocide; 8. Prosecution of genocide by international and domestic tribunals; 9. State responsibility and the role of the International Court of Justice; 10. Prevention of genocide; 11. Treaty law questions and the Convention; Appendix. The three principal drafts of the Convention.
£88.99
Cambridge University Press Custom as a Source of Law
Book SynopsisCustom is simply the practices and usages of distinctive communities. But are such customs legally binding? Is custom a source of law that we should embrace in modern legal systems, or is the notion of law from below outdated? This volume offers a fresh perspective on custom's enduring place in both domestic and international law.Trade Review"In comparing these diverse areas of law, this rich study draws on an impressive array of methodologies and disciplines, including anthropology, history, psychology, and economics. Although Professor Bederman’s vision of custom is familiar in many ways — he adheres to the traditional view that custom involves both objective and subjective components — his contribution is nonetheless significant in its delineation of the jurisprudential and practical factors that explain custom’s staying power." - Harvard Law ReviewTable of ContentsPart I. Customary Law in Perspective: 1. Anthropology: custom in pre-literate societies; 2. Culture: the western legal tradition of positivism; 3. History: the common law and custom; 4. Economics, socio-biology and psychology: the human impulse of custom; Part II. Custom in Domestic Legal Systems: 5. Family law; 6. Property; 7. Contracts; 8. Torts; 9. Constitutional law; Part III. Custom in International Law: 10. Private international law: international commercial usage; 11. Public international law: custom among nations; Conclusion: how and why custom endures.
£33.99
Cambridge University Press Crime and Law in England 17501840
Book SynopsisHow was law made in England in the eighteenth and early nineteenth centuries? Peter King argues that parliament and the Westminster courts played a less important role in the process of law making than is usually assumed. Justice was often remade from the margins by magistrates and judges.Trade Review"There is not much with which to quibble in this beautifully researched book. King's references show a mastery of historical writings relevant to his work as well as an understanding of the literature in several related fields such as criminology... his study is undeniably important." - H-Law, Elisabeth Cawthon, University of Texas at Arlington"Crime and Law in England is the product of years of painstaking research. While five of its ten chapters have previously been published, their reproduction here is a boon to anyone teaching criminal justice history. More importantly... King has advanced a thought-provoking argument with respect to the way in which we approach the history of English criminal justice as a whole." - H-Law, Allyson N. May, Department of History, The University of Western OntarioTable of ContentsIntroduction; 1. Shaping and remaking justice from the margins: the courts, the law and patterns of lawbreaking 1750–1840; Part I. Juveniles: 2. The rise of juvenile delinquency in England 1780–1840: changing patterns of perception and prosecution; 3. The punishment of juvenile offenders in the English Courts 1780–1830: changing attitudes and policies; 4. The making of the reformatory: the development of informal reformatory sentences for juvenile offenders 1780–1830; Part II. Gender: 5. Female offenders, work and lifecycle change in late eighteenth-century London; 6. Gender, crime and justice in late eighteenth and early nineteenth-century England; 7. Gender and recorded crime. The impact of female offenders in England and Wales 1750–1850; Part III. Non-Lethal Violence: 8. Punishing assault: the transformation of attitudes in the English courts; 9. Changing attitudes to violence in the Cornish courts 1730–1830; Part IV. The Attack on Customary Rights: 10. Customary right and women's earnings: the importance of gleaning to the rural labouring poor 1750–1850; 11. Legal change, customary right and social conflict in late eighteenth-century England: the origins of the great gleaning case of 1788; 12. Gleaners, farmers and the failure of legal sanctions in England 1750–1850.
£99.75
Cambridge University Press Crafting Law on the Supreme Court
Book SynopsisDecisions made by US Supreme Court justices stem to a great extent from the political nature of the opinion writing process. The portrait of the Court that emerges stands in contrast to the conventional portrait where justices act solely on the basis of the law or their personal policy preferences.Trade Review"Crafting Law on the Supreme Court is a first-rate examination of what happens in the crucial stages after the justices reach a decision on the merits. By putting hypotheses about strategic interdependence through the rigors of (appropriately) sophisticated econometric tests, we learn much that is new about bargaining and accommodation over the Court's opinion." Jeffrey Segal, State University of New York, Stony Brook"In this pathbreaking study, Maltzman, Spriggs, and Wahlbeck unravel the mysteries of strategic behavior inside the Supreme Court--how Justices engage in instrumental behavior to achieve case outcomes consistent with their doctrinal and policy perspectives. Their efforts to extend the analysis beyond mere case studies and to reach significant general conclusions should set the agenda for further research and be of interest to all students of the Supreme Court." Philip P. Frickey, University of Minnesota"Utilizing data drawn from the papers of several Supreme Court justices, Crafting Law on the Supreme Court is an outstanding addition to the rational choice and the courts literature and will surely be seen as a classic in the field. More traditional students of public law will also profit from the extensive reprinting and discussion of justices' memoranda and the fashioning of Supreme Court doctrine." Sheldon Goldman, University of Massachusetts at Amherst"Forrest Maltzman, James Spriggs, and Paul Wahlbeck argue that court opinions do in fact matter: in the "collegial setting" of the Supreme Court, the opinion-writing process features its own unique set of political dynamics, as justices try to secure opinions that lie as close as possible to their own policy preferences. The authors advance this important argument by drawing on justices' papers and other evidence of internal deliberations on the Burger Court. The final product of their efforts is quite persuasive, more than justifying the authors' strategic departure from recent trends in judicial research." Choice"Forrest Maltzman, James Spriggs, and Paul Wahlbeck argue that court opinions do in fact matter: in the "collegial setting" of the Supreme Court, the opinion-writing process features its own uniques set of political dynamics, as justices try to secure opinions that lie as close as possible to their own policy preferences. The authors advance this important argument by drawing on justices' papers and other evidence of internal deliberations on the Burger Court. The final product of their efforts is quite persuasive, more than justifying the authors' strategic departure from recent trends in judicial research." Choice"The product of their efforts is quite persuasive" Choice April 2001"Crafting Law on the Supreme Court has something to say to, and should be read by, all students of the Court whether one is grounded more in scientific and empirical research on the Court or whether one's interests are more doctrinally oriented. The book's presentation is both rich in detail, mostly provided through the anecdotes the authors share with the reader, but more important, their analysis is systematic, thorough, and ultimately convincing." Journal of PoliticsTable of Contents1. Introduction; 2. Selecting an author: assigning the majority opinion; 3. A strategic response to draft opinions; 4. The decision to accommodate; 5. The politics of coalition formation; 6. Conclusion.
£23.99
Cambridge University Press European Law in the Past and the Future
Book SynopsisR. C. van Caenegem considers the historical reasons behind European legal diversity, stressing the adoption of the classical law of the Romans, the influence of the rise of the nation states, and the impact of politics on legal development. He concludes with a consideration of the desirability of European legal unification.Trade Review'… a valuable discussion of the role of law (along with lawyers and courts) in the development of a 'federal' Europe.' Contemporary Review'For anyone interested in the … legal past and the possibility of a common European law of the future, this book is an ideal starting point … extremely well written …' Political Studies'This book takes the reader along a brisk, pleasant stroll down well-trodden paths - filled as they usually are with familiar turns and the occasional, unexpected gem.' Legal HistoryTable of ContentsPreface; 1. The national codes: a transient phase; 2. Ius commune: the first unification of European law; 3. Common law and civil law: neighbours yet strangers; 4. The holy books of the law; 5. Why did the ius commune conquer Europe?; 6. Law is politics; Epilogue: a look into the twenty-first century; Bibliography; Index.
£66.00
Cambridge University Press The History of the Supreme Court of the United States
Book SynopsisA history of the United States Supreme Court in the momentous yet usually overlooked years between the 1930s and 1950s. This period, written off as a time of failure and futility, was in reality the first phase of modern struggles to define the constitutional order of the twenty-first century.Trade Review"This well-researched volume skillfully chronicles the work of the Supreme Court under Chief Justices Stone and Vinson. Although scholars have tended to give short shrift to this era, Wiecek makes a compelling argument that these years marked a watershed in constitutional history and pointed the court toward a new constitutional understanding. Wiecekas book will undoubtedly generate debate and will likely become the definitive treatment of the Stone-Vinson era." - James W. Ely, Jr., Vanderbilt University Law School"A brilliantly done book by a master in the field. Wiecek guides us through an era that is troubled and often confusing, and he does it with a sure hand for what is important. This is a welcome and a noteworthy contribution to the Holmes Devise." - Melvin I. Urofsky, author of A March of Liberty: A Constitutional History of the United States and The Continuity of Change: The Supreme Court and Individual Liberties, 1953-1986"William Wiecek blends research in the papers of the justices with the best insights of political, intellectual, and social history, and adds his own mature judgments to produce this superb, comprehensive, and accessible account of an often neglected period of constitutional history, demonstrating that the Supreme Court from 1941 to 1953 laid the foundations for nearly all of today's constitutional law." - Mark Tushnet, Georgetown University Law Center"Wiecek, Congdon Professor of Law and Professor of History at Syracuse Unviersity, has written an encyclopedic study of the stone and Vinson Courts that is detailed and intellectually first-rate...it is a volume worthy of our attention and continued consultation." - The Green Bag Richard A. Paschal"The cases that Wiecek chooses to write about he covers well and illuminatingly." - Law and History ReviewTable of ContentsPart I. The Roosevelt Court: 1. American Public Law in 1941; 2. A new Court; 3. Carolene Products (1938): prism of the Stone Court; Part II. First Amendment Freedoms: 4. Freedom of speech in the Stone Court; 5. Freedom of speech in the Vinson Court; 6. The free exercise of religion; 7. The establishment of religion; Part III. World War Two and the Constitution: 8. Total war and the constitution; 9. Military courts and treason; 10. Silent Leges: Japanese internment; 11. National authority during and after the war; Part IV. The Truman Court: 12. The Truman Court; 13. American jurisprudence after the war: 'reason called law'; 14. The problem of incorporation; 15. Adamson v. California (1947): prism of the Vinson Court; Part V. The Cold War: 16. Anticommunism and the Cold War: Dennis v. United States; 17. The Cold War cases; Part VI. Civil Rights: 18. Civil Rights and the Stone Court; 19. Civil Rights and the Vinson Court.
£166.25
Cambridge University Press International Sales Law
Book SynopsisProvides a selective analysis of the provisions of the CISG that have been applied in a 'critical mass' of court and arbitral decisions. The book, assessing the state of international sales law, is timely given the maturing state of CISG jurisprudence. Will be of interest to practitioners and scholars alike.Table of Contents1. Introduction; 2. CISG methodology and jurisprudence; 3. Formation: writing requirements; 4. Formation: offer and acceptance rules; 5. Obligations of buyers; 6. Obligations of sellers; 7. Common obligations of buyers and sellers; 8. Breach of contract by seller; 9. Breach of contract by buyer; 10. Damages, excuses, and preservation; 11. Summary and observations.
£95.00
Cambridge University Press Against Intellectual Monopoly
Book SynopsisThis book examines patents and copyrights. It argues that these are not necessary for innovation and are detrimental to the common good, rather than beneficial. Unlike competing titles, the book has broad coverage of both copyrights and patents and is designed for a general audience, focusing on simple examples.Trade Review'One should bear a heavy burden of proof to enjoy a monopoly. Boldrin and Levine have dramatically increased that burden for those who enjoy intellectual monopoly. All economists, lawyers, judges, and policymakers should read this book.' W. A. Brock, University of Wisconsin, Madison'Boldrin and Levine, highly respected economic theorists, have produced a lively and readable book for the intelligent layman. In it, they challenge conventional wisdom about patents and argue that we would be better off without them. The book will open a fresh debate on the policy on intellectual property protection.' Boyan Jovanovic, New York University'There is a growing and important skepticism about the fundamental rules we have used to regulate access to information and innovation. This beautifully written and compelling argument takes the lead in that skeptical charge.' Lawrence Lessig, Stanford Law School'For centuries, intellectual property rights have been viewed as essential to innovation. Now Boldrin and Levine, two top-flight economists, propose that the entire IPR system be scrapped. Their arguments will generate controversy but deserve serious examination.' Eric Maskin, Institute for Advanced Study, Princeton'This is an important and needed book. The case made by Boldrin and Levine against giving excessive monopoly rights to intellectual property is a convincing one. Monopoly in intellectual property impedes the development of useful knowledge. I think they make the case that granting these monopoly rights slows innovation.' Edward C. Prescott, University of Minnesota'Boldrin and Levine present a powerful argument that intellectual property rights as they have evolved are detrimental to efficient economic organization.' Douglass C. North, Washington University in St Louis'How have we come to view ideas as if they have some physical existence that we can lock up behind a set of property rights laws akin to, but remarkably different from, those we use to protect our physical property? This is the central question in Against Intellectual Monopoly by Michele Boldrin and David Levine. The answer they come to is startling: except in a few rare cases, intellectual property protection does more economic harm than good and ought to be eliminated. The technology of digital computers and the Internet, as Boldrin and Levine show again and again, has exposed long-standing moral shortcomings of current intellectual property laws in a particularly stark way.' Stephen Spear, Carnegie Mellon University'This thought-provoking book should be read not only by academics interested in intellectual property, innovation, growth and the dynamics of markets, but also by policymakers and the general public.' Martin Peitz, University of MannheimTable of Contents1. Introduction; 2. Creation under consumption; 3. Innovation under competition; 4. The evil of intellectual monopoly; 5. The devil in Disney; 6. How competition works; 7. Defenses of intellectual monopoly; 8. Does intellectual monopoly increase innovation?; 9. The pharmaceutical industry; 10. The bad, the good, and the ugly.
£83.42
Cambridge University Press Environmental Law and Justice in Context
Book SynopsisThis collection of essays discusses the extent to which considerations of justice and fairness have permeated the legal debate on environmental protection, examining their influence on policy choices relating to topics like climate change, protection of the stratospheric zone, trade, state borders and the conduct of warfare.Table of ContentsIntroduction: dimensions of justice in environmental law Jonas Ebbesson; Part I. The Notion of Justice in International Law: 2. The second cycle of ecological urgency: an environmental justice perspective Richard Falk; 3. Describing the elephant: international justice and environmental law Dinah Shelton; 4. Law, justice and rights: some implications of a global perspective William Twining; 5. Gender and environmental law and justice?: thoughts on sustainable masculinities Hanne Petersen; Part II. Public Participation and Access to the Judiciary: 6. Participatory rights in natural resource management: the role of communities in south Asia Jona Razzaque; 7. Public participation and the challenges of environmental justice in China Qun Du; 8. Environmental justice through courts in countries in economic transition Stephen Stec; 9. Environmental justice through environmental courts?: lessons learned from the Swedish experience Jan Darpö; 10. Environmental justice in the European Court of Justice Ludwig Krämer; 11. Environmental justice through international complaints procedures?: comparing the Aarhus Convention and the North American Agreement on Environmental Cooperation Malgosia Fitzmaurice; Part III. State Sovereignty and State Borders: 12. Environmental justice in situations of armed conflict Phoebe Okowa; 13. Sovereignty and environmental justice in international law André Nollkaemper; 14. Piercing the state veil in the pursuit of environmental justice Jonas Ebbesson; Part IV. North-South Concerns in Global Contexts: 15. Competing narratives of justice in north-south environmental relations: the case of ozone layer depletion Karin Mickelson; 16. Climate change, global environmental justice and international environmental law Jutta Brunée; 17. Justice in global environmental negotiations: the case of desertification Bo Kjellén; Part V. Access to Natural Resources: 18. Distributive justice and procedural fairness in global water law Ellen Hey; 19. Environmental justice in the use, knowledge and exploitation of genetic resources Philippe Cullet; 20. Law, gender and environmental resources: women's access to environmental justice in east Africa Patricia Kameri-Mbote; Part VI. Corporate Activities and Trade: 21. The polluter pays principle: dilemmas of justice in national and international contexts Hans Christian Bugge; 22. Corporate activities and environmental justice: perspectives on Sierra Leone's mining Priscilla Schwartz; 23. Environmental justice and international trade law Nicolas de Sadeleer.
£118.75
Cambridge University Press Child Pornography and Sexual Grooming
Book SynopsisSuzanne Ost critically examines how society and law have responded to child pornography and sexual grooming, exploring the way in which the harms of child pornography and grooming are perceived and suggesting that the legal and societal reactions to these problems need to be more rational and considered.Trade Review'… uniquely well-informed … consistently deep coverage … she raises some uncomfortingly convincing arguments …' Family Law'Ost puts forward a new approach to tackle the harms of child pornography and sexual grooming rationally and effectively. … a decidedly valuable contribution to the literature and debates on sex offending against children … It is the first British book to provide a balanced perspective by going beyond purely legalistic discourses … providing a detailed theoretical and critical account … readable and accessible … perhaps the greatest strength and contribution of this book are its important message …' British Journal of Criminology'Suzanne Ost … pushes her materials in new directions to argue that we should be less concerned with child sexual abuse and also consider the various other ways that children are exploited. … Crucial in all of this is her contention that we need to abandon the dominant social construct of childhood vulnerability and, instead, empower children to let them explain how childhood should be understood and experienced. … Ost … was … able … to open up the space that we call 'childhood' and how that construction exploits children whether we are considering Norway or England.' The Howard Journal'This book is a timely, rational antidote to the sex panic urging people to remove the naked body of a child from art galleries, photo albums, and the beach.' Dany Lacombe, Simon Fraser UniversityTable of ContentsIntroduction: Constructions, themes and critical tensions; 1. The modern day phenomena of child pornography and sexual grooming; 2. Criminalizing child pornography and behaviour related to sexual grooming; 3. Matters of harm and exploitation; 4. Moral panics and the impact of the construction of childhood innocence; 5. The law elsewhere and questions of individual rights; 6. Conclusions and implications; Appendix A. Details of dates of interviews with police officers.
£95.00
Lulu.com Plain Language Legal Writing
£14.78
Taylor & Francis Ltd The Rule of Law 16031660 Crowns Courts and Judges Studies In Modern History
Book SynopsisThis book measures contemporary attitudes to the law - within and outside of the legal profession to see how c17th century Englishmen defined the role of law in their society, to see what their expectations were of the law and how these expectations helped shape political debate and ultimately determined political decisions over the course of a very turbulent century.Trade Review'Thorough, free of too much academic jargon, and up to speed with recent scholarship, this is a valuable...work for serious students of the period.' BBC HistoryTable of ContentsSECTION I: FOUNDATIONS OF LAW. Introduction. 1. The Structure and Machinery of the Law. 2. The Judiciary. SECTION II: ROYAL GOVERNMENT. 3. James I: of Kings and Kingdoms. 4. Charles I: New Solutions for Old Problems. SECTION III: PARLIAMENTARY GOVERNMENT. 5. The High Court of Parliament. 6. The Great Council. SECTION IV: CROMWELLIAN GOVERNMENT. 7. Law and the New Republic. 8. The Good Constable. Conclusion.
£73.14
£21.38
Gary Owen Pittman Phosphate Fluorides Toxic Torts
£12.17
Tafelberg Publishers Ltd Justice A Personal Account
£19.55
University of California Press Open Hand Closed Fist Practices of Undocumented Organizing in a Hostile State
Book SynopsisHow does a group that lacks legal status organize its members to become effective political activists? In the early 2000s, Arizona's campaign of attrition through enforcement aimed to make life so miserable for undocumented immigrants that they would self-deport. Undocumented activists resisted hostile legislation, registered thousands of new Latino voters, and joined a national movement to advance justice for immigrants. Drawing on five years of observation and interviews with activists in Phoenix, Arizona, Kathryn Abrams explains howthepracticesofstorytelling, emotion cultures, and performative citizenship fueled this grassroots movement. Together these practices produced both the open hand (the affective bonds among participants) and the closed fist (the pragmatic strategies of resistance) thathave allowed the movement to mobilize and sustain itself over time.Trade Review"In sum, Open Hand, Closed Fist is a must read for scholars of immigrant activism and, more broadly, for social movement scholars interested in the dynamic strategies of “challenger movements”. By offering a richly empirically illustrated and well-researched inside look into the Arizona movement, the book solves a piece of the puzzle in accounting for the spectacular rise of the immigrant rights movement in the United States." * Social Forces *
£80.00
University of California Press Bizarro
£22.36
University of California Press Precarious Protections Unaccompanied Minors Seeking Asylum in the United States
Trade Review"One of the most impressive ethnographic studies. . . .theoretically inspiring, methodologically rigorous, empirically rich, and politically significant. This brilliant book will be foundational to future studies of refugees and asylum seekers." * Sociology of Race and Ethnicity *Table of ContentsContents List of Illustrations Acknowledgments 1. Exclusion and Protection in US Immigration Law and Policy 2. Central American Youths Escape from Violence 3. Enter the Bureaucratic Maze: The Legal Socialization of Unaccompanied Minors Begins 4. Access to Legal Representation: Representing Eligible Youths or Choosing the “Compelling” Case 5. Lawyering with Unaccompanied Minors: Helping Youths Apply for Asylum and Protections for Abandoned, Abused, or Neglected Children 6. Coming of Age under the Gaze of the State 7. Beyond Precarious Protections: Lessons for Humane Immigration Reform Methods Appendix Notes References Index
£80.00
University of California Press Debts Grip Risk and Consumer Bankruptcy
£80.00
University of California Press Democracy in Captivity
Book SynopsisWho ought to govern those held in custody, and by what right?Democracy in Captivityexamines various efforts to answer these questions, centering on two case studies at custodial institutions: the rise and demise of patient self-governance at St. Elizabeths Hospital in Washington, DC, between 1947 and 1965 and the prisoner-organized governance of Massachusetts's Walpole State Prison following a 1973 prison-guard strike. As Christopher D. Berk shows, the promise of these initiatives was tempered by the custodians' backlash to their wards' attempts at self-rule. This backlash arrived not only in the blunt forms of restraint chairs, riot gear, and a surgeon's scalpel but also as more covert measures taken under the cover of so-called democratic managementwhich in turn entrenched disenfranchisement and naturalized authoritarian rule. Turning from these case studies to a wider consideration of custody and democracy, Berk explores pathologies that have captured the politics of punishment, witTable of ContentsContents Acknowledgments 1. Custody and Democracy 2. Patients, Prisoners, Children, and Travelers 3. Mad Politics 4. Community Control in Custody 5. On Prison Democracy 6. Democratic Erosion Notes Bibliography Index
£80.00
University of California Press Law Clerks and the Judicial Process
£80.00
University of California Press On the Record
£80.00
Harvard University Press Economic Structure of International Law
Book SynopsisThis book presents policymakers and scholars with an over-arching analytical model of international law, one that demonstrates the potential of international law, but also explains how policymakers should choose among different international legal structures.Trade ReviewThe Economic Structure of International Law is an elegantly and clearly argued contribution to the burgeoning literature connecting social science and international law. Trachtman has a true gift of demystifying jargon and explaining complicated concepts in ways that will be valuable for legal scholars and law students alike. -- Anne-Marie Slaughter, Dean, Woodrow Wilson School of Public Affairs, Princeton UniversityJoel Trachtman is to be heartily congratulated for The Economic Structure of International Law. In this pioneering study, he deftly deploys social scientific analysis to illuminate core structural questions about the international legal order. Throughout, one sees the rich and wise understanding of international law as well as the deep scrupulousness about both tools and data that have always characterized Trachtman's scholarship. -- William Alford, Harvard Law SchoolAn important new contribution to both the theoretical and practical approach to international law. -- William W. Burke-White, University of Pennsylvania Law SchoolTrachtman presents a scholarly and coherent economic analysis of international law as well as a useful methodology. -- Andrew T. Guzman, University of California, BerkeleyTrachtman reframes the international legal field through economic analysis and public choice theory. Focusing on jurisdiction, norm generation, and institutional form, he returns to the most fundamental structural issues of the international legal order, viewing them anew by applying and extending analytic tools developed by law and economics scholars. Comprehensive, imaginative, and provocative. -- David Kennedy, Vice President for International Affairs, Brown UniversityIt is impressive that Trachtman, who is thoroughly learned in the law, is also highly competent in the relevant portions of economics and political science. The Economic Structure of International Law should help to set a standard for the systematic use of social science in the analysis of international law. -- Robert O. Keohane * Journal of Economic Literature *Joel Trachtman presents a painstaking review of economic approaches to understanding international relations theory and international law...The history of international law theory consists of a debate in which the pendulum has swung between the natural law theorists and the positivists. Trachtman's achievement is to show that even on the terms of positivists or rational choice theorists, the notion that states act according to their self-interest is not sufficient to establish that customary international law is not binding on states so acting: self-interest cannot justify everything. This is important...It may be hoped that Trachtman's work will help weigh the pendulum more heavily in favor of compliance with international law. -- Niall Meagher * World Trade Review *Neither political scientists nor economists have known enough about law to show how a rational–institutional analysis would relate to various technical rules and specific practices of international law, as Trachtman does. It is impressive that Trachtman, who is thoroughly learned in the law, is also highly competent in the relevant portions of economics and political science. The Economic Structure of International Law should help to set a standard for the systematic use of social science in the analysis of international law. -- Robert O. Keohane * Journal of Economic Literature *Perhaps the most commendable aspect of the book is its breadth. It provides a solid overview of international law, covers a large number of economic methodologies, and manages to combine the two in a way that creates an original argument without being repetitive or confusing...The book is rich with examples of where international law works and where it fails to induce compliance and align results with preferences. -- Sharanya Sai Mohan * Yale Journal of International Law *Table of Contents* Preface * Introduction * Jurisdiction * Customary International Law * Treaty * International Organization * Inter-Functional Linkage and Fragmentation * International Adjudication * Afterword * Notes * Index
£56.06
Harvard University Press Presidential Constitutionalism in Perilous Times
Book SynopsisPresidents have exercised extraordinary power to protect the nation in ways that raised serious constitutional concerns about individual liberties and separation of powers. Evaluating a variety of constitutional perspectives, Matheson achieves a deeper understanding of wartime presidential power.Trade ReviewAt a time when citizens are vigorously discussing the proper balance between personal liberties and national security, Scott Matheson has produced a lucid, brilliant volume to guide this vital debate. Drawing on a wide swath of American history, Matheson convincingly demonstrates that the contemporary concern about presidential excess is not new. And he suggests a wise path for the nation to follow--one that will meet threats to our security but also will require presidents to respect constitutional limits. -- Larry J. Sabato, author of A More Perfect Constitution and director of the University of Virginia Center for PoliticsRefracting our post-9/11 history through the lens of prior presidencies, a distinguished dean, legal scholar, and government servant makes a compelling call to recalibrate national security and civil liberties through a renewed commitment to executive constitutionalism. -- Dean Harold Hongju Koh, Yale Law School; former Assistant Secretary of State for Democracy, Human Rights and LaborTable of Contents* Introduction 1. Presidential Power and Constitutionalism * Constitutionalism and Executive Power * Dynamic Variables in Emergency Constitutionalism * Emergencies and Constitutional Perspectives 2. Presidents and Constitutionalism * President Lincoln: "Popular demand and public necessity" * President Wilson: "if there should be disloyalty, it will be dealt with with a firm hand of stern repression" * President Roosevelt: "every possible protection against espionage and against sabotage" * President Truman: "Within the aggregate of his constitutional powers" 3. President Bush and Constitutionalism * Torture * Surveillance * Detention Conclusion: A Call for Executive Constitutionalism * Presidential Power Claims and Constitutional Perspectives * Executive Constitutionalism * Notes * Acknowledgments * Index
£44.76
Harvard University Press Republic of Debtors
Book SynopsisDebt was a fact of life in early America. At the beginning of the 18th century, its sinfulness was preached by ministers and the right to imprison debtors was unquestioned. By 1800, imprisonment for debt was under attack and insolvency was no longer seen as a moral failure. Mann illuminates this crucial transformation in early American society.Trade ReviewA landmark study of eighteenth-century financial failure. -- Jill Lepore * New Yorker *Back [in colonial days] debtors were treated worse than thieves. In prison they had to foot the bill for their own food and heat, or else go without. In 1798, when yellow fever swept Philadelphia, all prisoners from city jails were evacuated to safety—all, that is, but the deadbeats. Bruce Mann, a law and history professor at the University of Pennsylvania, says such harsh treatment reflected a culture in which failure to repay debt was regarded as a moral failing rather than a business one. How Americans’ attitude toward debt changed is the subject of Mann’s masterful (but largely overlooked) 2002 history, Republic of Debtors. -- Bernard Condon * Forbes *In this gripping account of being in debt in the land of the free, Bruce Mann illuminates the origins of Americans’ ambivalent relationship to business failure… Mann employs his considerable talents to bring to life a world where much that seems normal and logical to us now—like a unified currency, or the fact that you cannot pay off a debt if you are stuck in jail—was not. Mr. Mann’s genius is to explain in clear and human terms the legal and economic intricacies by which early American creditors and debtors lived and died. -- Evan Haefeli * Washington Times *Bruce Mann, a noted authority on early American law and society, offers an incomparable study of 18th-century indebtedness and insolvency, tackling a tough subject with clarity and sympathy… Anyone interested in the history of American law and business will find this an enlightening book. -- Christopher Clark * Times Higher Education Supplement *Bankruptcy scholars and conventional legal historians aim to capture [societal and political tensions] by directing their attention to high legal text and their framers’ original intentions. But for Mann, such documents serve only as points of reference on a journey whose aim is to understand contemporary cultural conceptions. Mann wisely identifies debtors’ prisons, rather than legal texts or political discourse, as the path into his world… Mann uses the correspondence, memoirs, and pamphlets written by inmates to portray not only their miserable daily lives but also their cries for help… The 1800 Bankruptcy Act, amid controversy, narrowly passed. Mann is the first to narrate its passage authoritatively. -- Ron Harris * American Historical Review *In his new illuminating book…[Bruce Mann] identifies a fundamental societal change in attitude toward debtors… He traces the evolution of American attitudes toward debt and insolvency throughout the 1700s, culminating in the first federal bankruptcy law in 1800. -- Stephen Smith * Books and Culture *Bankruptcy, that familiar constant in an age of boom and bust, has a moral as well as financial component. Deservedly or not, in the early days of the American republic, shame and mistrust attached to a debtor who sought shelter and relief under the law… A fascinating work of economic history that sheds light on daily life in the young Republic. * Kirkus Reviews *This new work from Mann…examines the relationship between creditors and debtors during late 18th-century America. He specifically focuses on the transformation of society’s view of indebtedness from a moral failing to an economic one… This thoroughly researched work is an excellent resource. -- Robert K. Flatley * Library Journal *Republic of Debtors is a superb, even dramatic, book about debt, the law on debt, and the experience of debt in the early American republic that reveals how problems over money, credit, and debt shattered lives and transfixed politics as thoroughly in the Revolutionary and early national eras as they still do in the twenty-first century. -- Jon Butler, Yale UniversityThis is a lucid, deeply researched, and powerfully insightful study of attitudes toward debt and bankruptcy in the ‘long eighteenth century.’ In sparkling prose, Mann introduces us to a key aspect of how Americans put their own spin on emergent capitalism while he also addresses the ambivalent legacies of the constitution-framing years. -- Cornelia H. Dayton, University of ConnecticutWriting with clarity, grace and wit, Bruce Mann tells a compelling tale that opens up fresh dimensions of the politics, imagination and nightmares of the founding generation. I emerged with a far better grasp of the complexities of paper money and credit than I ever hoped to have. As we struggle to handle our own credit cards, it is useful to reflect on the deeply ironic relationship among personal independence, personal identity, and personal indebtedness that has long characterized American life. -- Linda K. Kerber, University of IowaBruce Mann has given us a superb study of the evolution of early American cultural attitudes towards personal indebtedness and their impact on law and legal procedures. His vivid stories of imprisoned debtors are both eye-opening and instructive. Mann has made a fresh, original, and immensely significant contribution to the history of the Early Republic. -- Gloria L. Main, University of Colorado, BoulderReaders now owe Bruce Mann a hefty debt of their own for this imaginative and painstakingly researched account of changing ideas of credit, debt, and bankruptcy in eighteenth-century America. Debt is one of those pervasive aspects of society that we take for granted, yet its functions and complications require unusual diligence to master. But mastery of this rich subject is exactly what Mann has gained. This model study contributes at once to the legal, social, economic, moral, political, and intellectual history of early America, while telling an intriguing story of shifting attitudes and relations. -- Jack N. Rakove, Stanford UniversityTable of Contents* Acknowledgments * Introduction *1. Debtors and Creditors *2. The Law of Failure *3. Imprisoned Debtors in the Early Republic *4. The Imagery of Insolvency *5. A Shadow Republic *6. The Politics of Insolvency *7. The Faces of Bankruptcy * Conclusion * Notes * Index
£23.36
Harvard University Press Lincoln and the Court
Book SynopsisThis meticulously researched and engagingly written narrative rescues the story of Abraham Lincoln and the Supreme Court from long and undeserved neglect, recounting the compelling history of the Civil War president's relations with the nation's highest tribunal and the role it played in resolving the agonizing issues raised by the conflict.Trade ReviewThe most complete account to date of President Lincoln and the Supreme Court in wartime. In a beautifully written narrative, McGinty makes complicated legal issues accessible, and his descriptions of the Dickensian characters involved in this contentious and critical period are fascinating. He makes clear that of all U.S. presidents, Lincoln was the lawyer in the White House. -- Frank J. Williams, Chief Justice of the Rhode Island Supreme Court, and founding chair of The Lincoln ForumMcGinty's outstanding work on Lincoln's relationship with the Supreme Court has long been needed, and is especially trenchant as we deal anew with the limits of governmental power versus individual rights. McGinty brings a valuable background in law to this thoughtful and perceptive account of what Lincoln and the war did to and with the relationship between law and freedom. -- William C. Davis, author of Jefferson Davis: The Man and His HourMcGinty offers a lucid review of the major Civil War Supreme Court cases. The Civil War, as McGinty explains, was a struggle over constitutional interpretation: did Lincoln have the constitutional authority to do whatever he thought necessary to compel seceding states back to the Union? He thought so, but Chief Justice Roger Brooke Taney sometimes stood in his way. The first major clash was over Lincoln's suspension of habeas corpus, which Taney declared unconstitutional in the 1861 Merryman case. In 1862 came another battle, the Prize cases, regarding the constitutionality of Lincoln's declaring a blockade of Confederate ports. The Court also heard cases about whether a Union citizen could criticize a president during wartime and whether the Treasury Department could regulate trade between a Union state and the Confederacy. McGinty says that the Court "could have struck down the president's major war measures" but "chose not to do so"... McGinty's engaging account, which treats a topic with obvious parallels to the present, will delight history buffs. * Publishers Weekly *It's not easy to find Lincoln territory where good, open grazing land remains, but McGinty has found it. Combining expertise as an attorney and historian with a style that welcomes readers, he gives us Lincoln the lawyer-president who worked with a Supreme Court to which he ultimately appointed five members. The Civil War brought forth numerous legal conflicts, and McGinty shows that the personalities and issues involved were as vital and fascinating as those we are more familiar with on the military side. -- Margaret Heilbrun * Library Journal *[A] fascinating book...The issue of presidential power in wartime is as fresh as today's headlines. -- Charles Lane * Washington Post *Lincoln and the Court addresses a subject that has been neglected, if not ignored, by historians: the story of our sixteenth president and the Supreme Court during the Civil War...Brian McGinty has written an important book for military historians...This is a well-written, tightly organized, and thoughtful book that will appeal to anyone interested in a new perspective on Lincoln's actions as Commander-in-Chief, and the legality of measures he took to achieve a Union victory. -- Fred L. Borch * Journal of Military History *Table of ContentsIntroduction 1. A Solemn Oath 2. Dred Scott 3. First Blood 4. Judges and Circuits 5. The Prizes 6. The Boom of Cannon 7. The Old Lion 8. A New Chief 9. A Law for Rulers and People 10. The Union Is Unbroken 11. History in Marble Afterword: The Legacy Acknowledgments Abbreviations Notes Bibliography Index
£30.56
Harvard University Press Law and Literature
Book SynopsisThis third edition, extensively revised and enlarged, emphasizes essential differences between law and literature, rooted in the different social functions of legal and literary texts. It also explores new topics: cruel and unusual punishments, illegal immigration, surveillance, global warming and bioterrorism, and plagiarism.Trade ReviewWith his usual astonishing range of interests, Richard Posner treats facets of ‘law and literature’ ranging from popular culture to copyright to whether reading great literature necessarily contributes to one’s moral growth (and more besides). Every reader will be provoked, challenged, and illuminated by Posner’s insights and arguments. -- Sanford V. Levinson, author of Our Undemocratic Constitution: Where the Constitution Goes Wrong (And How We the People Can Correct It)This complex, superbly argued book remains a remarkable achievement and is made even more useful in this new edition. Richard Posner knows how much legal thinking can profit from the study of literary traditions and classic works of fiction. He also is acutely aware of the limits on the application of literary practice to the law. The bracing manner in which he debunks the sentimental notion that literature and—worse—literary theory are law’s salvation is a pleasure to read. -- Denis Dutton, Editor, Philosophy and Literature[Posner] has written and rewritten the most comprehensive study of the connections between law and literature. -- James Seaton * Weekly Standard *Table of Contents* Contents * Preface * Critical Introduction Part I. Literary Texts as Legal Texts * Reflections of Law in Literature Theoretical Considerations The American Legal Novel The Law in Popular Culture Camus and Stendhal Farcical Trials * Law's Beginnings: Revenge as Legal Prototype and Literary Genre The Logic of Revenge Revenge Literature The Iliad and Hamlet * Antinomies of Legal Theory Jurisprudential Drama from Sophocles to Shelley Has Law Gender? * The Limits of Literary Jurisprudence Kafka Dickens Wallace Stevens * Literary Indictments of Legal Injustice Law and Ressentiment Romantic Values in Literature and Law Billy Budd, The Brothers Karamazov, and Law's Limits * Two Legal Perspectives on Kafka On Reading Kafka Politically In Defense of Classical Liberalism The Grand Inquisitor and Other Social Theorists * Penal Theory in Paradise Lost The Punishment of Satan and His Followers The Punishment of Man The Punishment of the Animals Part II. Legal Texts as Literary Texts * Interpreting Contracts, Statutes, and Constitutions Interpretation Theorized What Can Law Learn from Literary Criticism? Chain Novels and Black Ink Interpretation as Translation * Judicial Opinions as Literature Meaning, Style, and Rhetoric Aesthetic Integrity and the "Pure" versus the "Impure" Style Two Cultures Part III. How Else Might Literature Help Law? * Literature as a Source of Background Knowledge for Law Arch of Triumph From Huxley to The Matrix * Improving Trial and Appellate Advocacy Sherlock Holmes to the Rescue? Legal Narratology Fictional Depictions of Lawyers The Funeral Orations in Julius Caesar * But Can Literature Humanize Law? Aesthetic versus Moralistic Literary Criticism Then Why Read Literature? Part IV. The Regulation of Literature * Protecting Nonwriters Pornographic Fiction Defamation by Fiction * Protecting (Other) Writers What Is an "Author"? Copyright, Plagiarism, and Creativity Parody * Conclusion. Law and Literature: A Manifesto * Index
£23.76
Harvard University Press The Common Law
Book SynopsisMuch more than an historical examination of liability, criminal law, torts, bail, possession and ownership, and contracts, The Common Law articulates the ideas and judicial theory of one of the greatest justices of the Supreme Court.Table of Contents* Introduction G. Edward White * Note on the Text * Chronology of Oliver Wendell Holmes's Life The Common Law * Preface * Lecture I. Early Forms of Liability * Lecture II. The Criminal Law * Lecture III. Torts: Trespass and Negligence * Lecture V. The Bailee at Common Law * Lecture VI. Possession * Lecture VII. Contract: I. History * Lecture VIII. Contract: II. Elements * Lecture IX. Contract: III. Void and Voidable * Lecture X. Successions: I. After Death II. Inter Vivos * Lecture XI. Successions: II. Inter Vivos * Selected Bibliography * Glossary of Legal Terms * Table of Cases * Year Books and Early Cases * Index
£24.26
Harvard University Press Capital Rules
Book SynopsisIn this intellectual, legal, and political history of financial globalization, Abdelal argues that European policy makers promoted the liberal rules that compose the international financial architecture, while U.S. policy makers have tended to embrace unilateral, ad hoc globalization.Trade ReviewIn this era of globalisation, Rawi Abdelal's analysis of the foundations of global financial markets is a valuable contribution towards advancing the cause of global governance. -- Pascal Lamy, Director General of the World Trade OrganisationThis book addresses one of the most significant shifts in the organization of the international economy--the lowering of national border level controls to the entry and exit of capital--and explains how and why states renounced this powerful lever of national control over their economies. In place of the standard explanations, Abdelal develops a sociological argument about the construction of norms and their spread across institutions. Beautifully and engagingly written with brio and clarity, Capital Rules is a brilliant work that will become a mainstay of political economy literatures. -- Suzanne Berger, Massachusetts Institute of TechnologyDrawing on extensive documentary evidence, as well as dozens of interviews with high-level finance officials and midlevels bureaucrats, [Abdelal] tells a fascinating (and largely unknown) tale: how a clutch of French socialists helped to upend economic orthodoxy and lead the charge for lifting restrictions on capital flows within Europe and throughout the world...The book is a mix of accessible political history and counterintuitive insight, bringing to our attention one of the most important, and least appreciated, developments in the postwar global economy. -- Matthew Rees * Wall Street Journal *Brilliant and authoritative...Abdelal's book is the definitive account of the politics of global financial deregulation--and its increasingly disastrous consequences...This book deserves the widest general audience of serious people. -- Robert Kuttner * American Prospect *Capital Rules is an engaging description of the history behind changes in capital flow doctrine...Abdelal...accomplishes an excellent and quite thorough treatment of the subject matter. -- Ikee Gardner * Journal of Economic Issues *Offer[s] original insights into the politics of international financial regulation. -- Tim Büthe * Review of International Organizations *Rawi Abdelal supplies a valuable historical perspective. He explains that the liberalization of capital markets emerged not from a conspiracy of global financiers or the hegemony of Wall Street, but from a turn towards liberal economics by the French Socialists under François Mitterrand. -- Robert Howse * Harvard Law Review *Table of ContentsPreface 1. Orthodoxy and Heresy 2. The Rules of Global Finance: Causes and Consequences 3. Capital Ruled: Embedded Liberalism and the Regulation of Finance 4. The Paris Consensus: European Unification and the Freedom of Capital 5. Privilege and Obligation: The OECD and Its Code of Liberalization 6. Freedom and Its Risks: The IMF and the Capital Account 7. A Common Language of Risk: Credit Rating Agencies and Sovereigns 8. The Rebirth of Doubt 9. Conclusion Appendix: List of Archives and Interviewees Notes Index
£24.26
Harvard University Press Police Interrogation and American Justice
Book Synopsis"Read him his rights." We all recognize this line from cop dramas. But what happens afterward? In this book, Leo sheds light on a little-known corner of our criminal justice system--the police interrogation. An important study of the criminal justice system, this book provides interesting answers and raises some unsettling questions.Trade ReviewThe 'third degree' is long gone. But as Richard Leo shows, trickery, manipulation, and deceit are still basic tools of police interrogation of suspects. His unsettling and brilliant book gives a bird's-eye view of systematic coercion that undermines basic rights at the entrance to the legal system. -- Elizabeth Loftus, author of Eyewitness TestimonyThis is the best book on police interrogation I have ever read-- and I have been reading about the subject (and writing about it) for 50 years. The long chapter on the 'third degree' is fascinating-- and it reveals that a century ago the city police of America were using some of the same harsh interrogation techniques that the CIA used after 9/11. -- Yale Kamisar, University of San DiegoA gripping indictment of what goes on behind the closed doors of police interrogation rooms. From psychological manipulation, to threats of harm and promises of leniency, to lengthy incommunicado questioning, all the way to outright brutality...Leo's book is a powerful contribution to criminal justice public policy...Police Interrogation and American Justice causes one to marvel at the extent to which the parties in the justice system have been complicit in enabling lawless police to effect convictions of suspects by coercing their confessions. Leo offers suggestions for reform, which are fair and reasonable in a country that has the highest incarceration rate in the world. -- Heidi Boghosian * Federal Lawyer *It is the best book on this subject. Richard Leo uses data not ordinarily available. He brilliantly documents the everydayness of police dialogue with suspects in chapters discussing "professionalizing the police" and "the third degree in America" as well as through analysis of relentlessly systematic police use of deceit, manipulation, lying and disguised coercion...The result is both convincing and brilliant...This is an excellent book. Read it. Use it. Such books are exceedingly rare. -- Ephraim Margolin * The Champion *[A] brilliant analysis of police interrogations. In this rich tome, [Leo] analyzes police interrogations in the broad context of the adversarial system of American criminal justice. He presents a thorough look at interrogations as a truth-seeking tool as well as a manipulative means to coerce suspects to say what they should not say, and do not necessarily want to say. Leo's approach of using case studies to supplement his scholarly arguments makes this an interesting and valuable read for anyone interested in police work...The result is a well-organized, well-written social scientific account of police interrogations...His book is an important contribution to the workings of the police in America. -- Geoffrey P. Alpert * Contemporary Sociology *Law professor Leo, one of the most prolific and knowledgeable scholars on police investigations, offers a book both eye-opening and important. -- B. J. Goetz * Choice *Table of ContentsAcknowledgments Introduction 1. Police Interrogation and the American Adversary System 2. The Third Degree 3. Professionalizing Police Interrogation 4. The Structure and Psychology of Police Interrogation 5. Constructing Culpability 6. False Confessions 7. Miscarriages of Justice 8. Policy Directions Conclusion References
£26.06
Harvard University Press The Double Helix and the Law of Evidence
Book SynopsisEssential reading for lawyers, judges, and expert witnesses in DNA cases, this book is an informative contribution to the interdisciplinary study of law and science. Bridging law, genetics, and statistics, it provides an authoritative history of the long and tortuous process by which DNA science has been integrated into the American legal system.Trade ReviewThis unique history of the forensic use of genetic testing, and the controversies from the earliest days to the present, is both accurate and intelligible. An acknowledged authority in the field, David Kaye uses striking case histories and excellent analogies to make the scientific issues clear to a nonspecialist. It is an impressive achievement. -- James F. Crow, University of Wisconsin–MadisonFrom the intricacies of genetics and statistics, to the niceties of the law of evidence, Kaye's sure grasp of the field has produced a fascinating critical history, though one in which the technical details never become overbearing. Both lawyers and forensic scientists will learn much from Kaye's diligent work. -- Mike Redmayne, London School of Economics and Political ScienceA cogent, fascinating history of the scientific and legal history of the most important breakthrough in the history of forensic science—DNA evidence. -- David E. Bernstein, George Mason University School of LawThe scope of Kaye's analysis, his insightful and meticulous eye for detail, the coverage of both law and science (not forgetting the math), and the spicing with human tales of crimes and academic rivalries combine to ensure the book will interest a medley of readers. As Kaye points out in his introduction, the power of DNA technology is now beyond dispute. However, media portrayals of this power are often inaccurate, while those professionals tasked with employing the technology may not possess a competent understanding of its actual strengths and limitations. The book could go a long way toward correcting these failures, were it to become essential reading for reporters, criminal investigators, legal professionals, and, ultimately, the public—who are most often characterized as demanding the increased use of DNA evidence by law enforcement. Further, Kaye's account may help forensic scientists who do not work with DNA to better understand the trials and tribulations that were weathered by forensic DNA profiling on the 'far from smooth' road to legal acceptance. With DNA hailed as the gold standard of forensic science, Kaye presents a lesson that bears learning by those disciplines or techniques currently struggling to sustain their integrity as a science and gain, or maintain, legal acceptance. DNA profiling did not become the gold standard overnight, and even gold can be tarnished if mistreated or mishandled… If we are to realize the full forensic potential of DNA to improve detection rates, convict the guilty, and exculpate the innocent, then everyone involved in the use of DNA profiling needs a proper appreciation of the technology's history, strengths, and weaknesses. This is what The Double Helix and the Law of Evidence provides… May the book get the wide readership it deserves. -- Carole McCartney * Science *Kaye is a law professor renowned for his meticulous attention to detail, careful argumentation and impressive technical mastery of statistical and scientific issues… The Double Helix and the Law of Evidence offers a detailed, authoritative accounting of the legal cases of this period and of scientific debates that ran in parallel in the pages of scientific journals. -- Simon A. Cole * American Scientist *
£48.56
Harvard University Press True American Language Identity and the Education
Book SynopsisHow can schools meet the needs of an increasingly diverse population of newcomers? Do bilingual programs help children transition into American life, or do they keep them in a linguistic ghetto? This title explores what national identity means in an age of globalization, transnationalism, and dual citizenship.Trade ReviewTrue American is an impressive synthesis of cultural and legal history, social science research, and literary understanding that look at immigration and the politics of language, language education, and debates about multiculturalism. It uses anecdotes and stories, as well as research, to offer a lively account of the deep issues behind the headlines -- Martha Minow, Jeremiah Smith, Jr. Professor of Law and Dean, Harvard Law SchoolAmerican attitudes toward languages other than English are full of contradictions as we absorb non-English speakers into our stubbornly-monolingual society. We claim that the foreign-born don't learn English, when the loss of the native language is a more widespread problem. Legal scholar Rosemary C. Salomone is among our most astute and thoughtful education observers. In True American, she proves to be an exceptional listener as well. -- Michael Olivas, William B. Bates Distinguished Chair of Law, University of Houston Law CenterTrue American provides an insightful and engaging analysis of debates over language policy in schools that are at the heart of concerns about immigration. Salomone shows that views about immigrant schooling and language in the past are too often romanticized myths. Looking at the present, she sheds light on the complex ways that language policies and educational practices are linked to notions of identity. -- Nancy Foner, Distinguished Professor of Sociology, Hunter College and The Graduate Center, City University of New YorkTrue American should be required reading for those involved in educating the children of immigrants. How can we make sure that they learn English, and still maintain parents' support for their schooling? A further complication is the demand in the world economy for multilingual Americans. Salomone offers wise responses to all these concerns. -- Kenneth Karst, David G. Price and Dallas P. Price Professor of Law Emeritus, University of California, Los AngelesTrue American by Rosemary Salomone is a valuable contribution to this growing field of research. In it, the author skillfully weaves a narrative of U.S. legislative history affecting language education into a solid rebuttal of the numerous myths about bilingualism on which the relevant laws and bills have been premised...Anti-immigrationists brandishing the mythical "problem" of bilingualism continue to fuel vitriolic debates, while reactionary legislation reasserts the prominence of English in education and public life. This, Salomone concludes, is to the detriment of U.S. authorities that have hitherto ignored heritage-language speakers as a potential solution to problems in national security, international trade and the U.S.'s geopolitical standing. -- Darren Paffey * Times Higher Education *True American provides teachers of immigrant students with a vision of an American identity and education that includes language, civic engagement, and a common historical memory. -- L. Lockard * Choice *Table of Contents* Preface * The Symbolic and the Salient * Americanization Past * The New Immigrants * Language, Identity, and Belonging * Rights, Ambivalence, and Ambiguities * Backlash * More Wrongs than Rights * Setting the Record Straight * Looking Both Ways * A Meaningful Education * Notes * Index
£34.81
Harvard University Press Someday All This Will Be Yours
Book SynopsisHartog tells the heartbreaking stories of how families fought over the work of caring for the elderly, and its compensation, in a time before pensions, Social Security, and nursing homes filled this gap. As an explosive economy drew the young away from home, we see how the elderly used promises of inheritance to keep children at their side.Trade ReviewIn this gem of a book, Hartog reveals the human drama of growing old and dependent, and the enduring dilemma in mixing love and economic need. -- Martha Minow, Dean, Harvard Law SchoolHartog brilliantly illuminates the central role that law has played in shaping Americans' ideas about getting old. Poignant, funny, and analytically razor-sharp, this is a groundbreaking book. -- Dylan Penningroth, author of The Claims of Kinfolk: African American Property and Community in the Nineteenth-Century SouthWith empathy and captivating style, Hartog, a superb historian, offers a memorable analysis of changing family struggles over inheritance and care. -- Viviana A. Zelizer, author of Economic Lives: How Culture Shapes the EconomyThis is a disturbing book, in the best sense--a transformative book. With unique sensitivity and ingenuity, Hartog tells a profound story about the meaning of inheritance and what one owes and is owed as a member of a family, making brilliant history of seemingly eternal human predicaments. -- Amy Dru Stanley, author of From Bondage to Contract: Wage Labor, Marriage, and the Market in the Age of Slave EmancipationA page-turner with Dickensian overtones. -- Fred A Bernstein * New York Times blog *Aside from the history of development in this area of law, the book offers a social and cultural history of families caring for their elder members. This book will be of interest not only to those interested in estate law but also students and researchers of gerontology. -- C. Ross * Choice *
£30.56
Harvard University Press Eurolegalism
Book SynopsisDespite western Europe’s traditional disdain for the United States’ “adversarial legalism,” the European Union is shifting toward a similar approach to the law, according to Daniel Kelemen. Coining the term “eurolegalism” to describe the hybrid, he shows how the political and organizational realities of the EU make this shift inevitable.Trade ReviewThis clearly argued and exhaustively researched book makes an important and original contribution to our understanding of the legal impact of the EU. It deserves to be carefully read not only by those interested in the development of European institutions, but by students of comparative legal studies. -- David Vogel, Haas School of Business, University of California, BerkeleyEurolegalism is one of the most important books ever written on the European Court of Justice and the European Union's legal system. It may, in fact, be the best book. -- Alec Stone Sweet, Yale Law SchoolThis book…serves as a useful introduction to the subject. And by demonstrating the flexibility and sophistication of European law, it poses a challenge to skeptics who, perhaps encouraged by recent headlines, believe that the EU is an insubstantial and inessential organization likely to collapse in the face of economic crisis. -- Andrew Moravcsik * Foreign Affairs *Eurolegalism thoughtfully applies Robert A. Kagan's concept of 'adversarial legalism' to the EU and its evolving legal institutions. This clearly written, up-to-date volume does an excellent job of arguing that the EU's fragmented political structures and ambitious policy objectives lead to coordination and enforcement by courts (especially the European Court of Justice) that rely on detailed regulations in place of the old model of national regulators that rely on ongoing but informal relationships… Eurolegalism is a boon to scholars and teachers of comparative law and law and society. -- J. D. Marshall * Choice *The book is quite simply wonderful. Kelemen weaves together clear concepts, big macro level changes, and a deep understanding of EU politics and the regulatory politics in the issue areas he studies. The book is of obvious interest for scholars interested in the globalization of law, the rise of adversarial legalism, administrative law in Europe, European integration, and securities regulation, competition policy, and disability rights politics. But the book should also have a larger resonance. -- Karen Alter * Common Market Law Review *What Daniel Kelemen shows is that this legal tide is both qualitatively different from previous law-making and, paradoxically, given the expressed intent of most European policymakers to avoid U.S.-style litigation practices, is distinctly American in style. -- Andy Tarrant * European Voice *Kelemen's ambitious survey of the spread of adversarial legalism across Europe offers a compelling account of the way in which the EU's instrumentalisation of litigation as a regulatory technique has transformed the European legal field. -- Anne Orford * Modern Law Review *R. Daniel Kelemen has written a superb book that deserves wide readership… It will obviously interest students of the European Union. Kelemen's arguments, however, transcend the book's subject matter. They simultaneously engage fundamental issues concerning the relationship between law and society as well as macro-level theories of state-building and judicialization. Oddly enough, this book merits attention from socio-legal scholars with an interest in the ways in which legal rules shape human behavior and comparativist political scientists who are interested in large-scale processes of political development. -- Rhonda Evans Case * Tulsa Law Review *European studies specialists, comparative legal scholars, and political economists will find this a fascinating read. Given that legalization processes are increasingly defining politics around the globe, Kelemen's book is without a doubt essential reading for our time. -- Rachel Cichowski * Governance *
£44.76
Harvard University Press The Invention of Law in the West
Book SynopsisLaw is a specific form of social regulation distinct from religion, ethics, and even politics, and endowed with a strong and autonomous rationality. Its invention, a crucial aspect of Western history, took place against the backdrop of the Roman Empire's gradual consolidation. Schiavone reconstructs this development with clear-eyed passion.Trade ReviewEveryone recognizes that during the early Roman Empire law emerged as a professionalized and vital part of statecraft, but few understand the wrenching intellectual controversy that accompanied the transformation. Aldo Schiavone's terrific book brings this historic debate into dazzling focus. -- Bruce Frier, University MichiganThe wide sweep and deeply humanistic approach of The Invention of Law in the West--with its emphasis on the primary sources and concise critical synthesis of much previous scholarship--make this ambitious volume perhaps the best attempt yet by any scholar to animate the venerable yet highly complex, technically demanding and intellectually isolated field of Roman law for a wider readership...It indisputably marks a new and welcome opening in its field. -- T. Corey Brennan * Time Literary Supplement *
£44.76
Harvard University Press What Blood Wont Tell
Book SynopsisUnearthing the legal history of racial identity, Gross’s book examines the paradoxical and often circular relationship of race and the perceived capacity for citizenship in American society.Trade ReviewWhat Blood Won't Tell brings us at long last a brilliant analysis of the changing meanings of race in American law from the colonial era to the present. It will be indispensable for any informed discussions of a subject that lies at the very core of both American history and identity. -- David Brion Davis * author of Inhuman Bondage: The Rise and Fall of Slavery in the New World *This exquisite inquiry into the complex and shifting ways in which the 'black-white' divide has been marked over the last three centuries excavates the deep roots of racial identification. -- Patricia J. Williams, author of The Alchemy of Race and RightsThrough a close reading of racial identity trials in America, this book offers an eloquent contribution to ongoing debates over affirmative action, identity politics and the construction of a "colorblind" society. Historian Gross argues that racial identity trials--court cases in which outcomes turned on determining a person's "race" and their concomitant rights and privileges--provides an excellent basis for viewing the construction of "whiteness" and assessing the volatile category of race in American society. The author rigorously examines select cases including the outcomes of suits for freedom by onetime slaves like Abby Guy, who in 1857 convinced an all-white male jury that she was white and thus deserving of freedom. Upsetting the familiar notion of the "one-drop rule" in determining racial identity, Gross shows that in such cases the notion of what constituted race was itself as much in play as whether a particular individual could be identified (through some unstable combination of expert and "common sense" opinion) as one race or another. The social "performance" of identity is key, and enduringly so, as Gross periodically underscores by reference to various modern debates and trends. * Publishers Weekly (starred review) *Gross' book, a history of cases in which people have challenged their official racial designation, eloquently demonstrates just how difficult it can be to say what race--mine, yours, anybody's--actually consists of...What Blood Won't Tell is largely a catalog of delusions and the strategies by which Americans tried to prop up those delusions in courts of law...The very fact that some people with African "blood" (not a biologically valid concept, but a common term, then and now) could pass themselves off as white betrayed the reality; blacks, whites and Indians had been marrying, having sex and producing mixed-race children from the very beginning...A book like What Blood Won't Tell--which is, after all, a history, not a prescription--may not offer much that's usable as a guide to the future. But it does provide us with plenty of evidence of how badly we can and have screwed up, and how much imagination and determination it will take to do it better. -- Laura Miller * Salon.com *Argues forcefully that, for all the progress our public life has made toward the formal semblance of racial equality, the history and legal armature of white racism are much more stubborn, institutionalized features of our common life than a single presidential election, no matter how groundbreaking, can wipe away...Gross maps, through countless twists and turns, the extraordinary legal fictions enlisted to keep the formal workings of racial privilege on track. [The book] serves as a bracing reminder that "postracial politics," however captivating it may be as a catchphrase, is very nearly an oxymoron in American life. -- Brian Gilmore * Bookforum *Challenging the presumption of many scholars of the dominance of the "one-drop" rule in conferring black status, Gross argues that despite the rule, in court and by custom, racial boundaries were much more fluid and flexible--yet, primarily in the service of white supremacy...Gross also reflects on how this history of race determination fits into current efforts at a "color-blind" approach that ignores the significance of race in American culture. -- Vernon Ford * Booklist *What Blood Won't Tell chronicles the history of efforts to determine racial identity in the courts. Seldom, if ever, does science enter into the effort; rather, attorneys and others turn their attention to the evidence of skin color, social behavior, cultural customs, and other subjective and changeable evidence. The only thing that remains constant is the underlying assumption that white equals "full social and political citizenship" while anything else is inferior, less-than, and undeserving of Constitutional protection...The overriding opinion was that it's best to be white, but if you can't manage that, just don't be black. This shameful and ignorant American caste system is still as deeply entrenched in the nation's consciousness as ever, it seems...What Blood Won't Tell turns out to be a riveting overview of legal decisions regarding race and freedoms and a dizzying look at the insanity of social hierarchy and its ongoing impact on social development. -- Deborah Adams * Curled Up with a Good Book *Gross [has written] an amazing book that addresses the relationship between race and citizenship in the U.S. Gross's presentation is both detailed and complex. The first half is devoted to establishing the role race and racism have played within the history and law of the U.S., as well as further developing the rich literature within whiteness scholarship. The strength of her argument lies in her ability to inject specific examples, oftentimes cases from the 19th century, into her whiteness discussions. The second half is equally impressive. Here Gross utilizes critical race theory to discuss black Indian identity, race in Hawaii, and other contemporary issues. This book is innovative, accessible, and valuable for undergraduates, graduates, and laypeople interested in a deep conversation on race and history. -- A. R. S. Lorenz * Choice *Table of Contents* A Note on Terminology * Introduction *1. The Common Sense of Race *2. Performing Whiteness *3. Race as Association *4. Citizenship of the "Little Races" *5. Black Indian Identity in the Allotment Era *6. From Nation to Race in Hawai'i *7. Racial Science, Immigration, and the "White Races" *8. Mexican Americans and the "Caucasian Cloak" * Conclusion: The Common Sense of Race Today * Notes * Acknowledgments * Index
£24.26
Harvard University Press How Judges Think OISC
Book SynopsisA distinguished and experienced appellate court judge, Posner offers in this new book a unique and, to orthodox legal thinkers, a startling perspective on how judges and justices decide cases.Trade ReviewPosner is unique in the world of American jurisprudence, a highly regarded U.S. appellate judge and a prolific and controversial writer on legal philosophy. Opinionated, sarcastic and argumentative as ever, Posner is happy to weigh in not only on how judges think, but how he thinks they should think. When sticking to explaining the nine intellectual approaches to judging that he identifies, and to the gap between legal academics and judges, and his well-formulated pragmatic approach to judging, Posner is insightful, accessible, often funny and a model of clarity. * Publishers Weekly *Posner's latest book, How Judges Think, is important, if only because it's Posner looking at his own profession from the inside. Two of the chapters, "Judges Are Not Law Professors" and "Is Pragmatic Adjudication Inescapable?," are worth the price of admission by themselves. The book can be read as one long screed against the jurisprudence of Supreme Court Justice Antonin Scalia, and stands as a refutation to those who believe the category of conservative can lazily be applied to a mind as independent as Posner's. -- Barry Gewen * New York Times online *A prolific and brilliant writer, Posner's How Judges Think is perhaps his most illuminating work for its profound, and sometimes polemical, insights into the judicial process...Judge Posner's examination of the issues is thorough, scholarly and riveting. He has written an important book--a must read not just for lawyers, but also for anyone who wants to understand how the inscrutable, and sometimes oracular, process of judging really works. -- James D. Zirin * Forbes.com *Table of Contents* Introduction Part One: The Basic Model * Nine Theories of Judicial Behavior * The Judge as Labor-Market Participant * The Judge as Occasional Legislator * The Mind of the Legislating Judge Part Two: The Model Elaborated * The Judicial Environment: External Constraints on Judging * Altering the Environment: Tenure and Salary Issues * Judicial Method: Internal Constraints on Judging * Judges Are Not Law Professors * Is Pragmatic Adjudication Inescapable? Part Three: Justices * The Supreme Court Is a Political Court * Comprehensive Constitutional Theories * Judicial Cosmopolitanism * Conclusion * Acknowledgments * Index
£20.66
Harvard University Press Constitutional Theocracy
Book SynopsisPresents a comparative analysis of religion-and-state jurisprudence from dozens of countries worldwide to explore the role of constitutional law and courts in a non-secularist world.Trade ReviewA tour de force. Ran Hirschl's powerful analysis convincingly demonstrates that constitutionalism encompasses constitutional theocracy as well as constitutional democracy, that constitutional theocracy is becoming a dominant form of constitutionalism globally, and that this conflation of constitutional and religious values may have underappreciated virtues (and vices). -- Mark Graber, University of Maryland School of LawRan Hirschl proves himself to be among the leading scholars of comparative constitutionalism writing today, and his signal contribution is to develop and analyze a distinctive form of constitutional polity, "constitutional theocracy." Anyone interested in the interaction of law and society will certainly need to read this book and will find themselves fascinated by the stories about developments in Iran, Pakistan, India, Israel, and Turkey, to name only five of the countries Hirschl analyzes in depth. -- Sanford Levinson, University of Texas at Austin School of LawInevitably this book will raise hackles - given its critically important subject how could it be otherwise? But Hirschl is learned in exposition and acute in analysis. He demonstrates the same superb comparative skills familiar from his previous classic. -- JHH Weiler, Editor-in-Chief, I-CON The International Journal of Constitutional LawHirschl brings a wealth of understanding of comparative judicial politics in numerous contexts... [Constitutional Theocracy] proceeds to explore the implications of the constitutional embrace and limitation of religion, arguing that constitutionalism and theocratic government work hand-in-hand in both secular and theocratic contexts. It holds that secular elites in particular make use of legal texts as a means of consolidating their rule in all such societies, whether officially religious or secular...Hirschl's work is unique and extremely important. It is a must-read for all scholars of religion and legal politics. -- P. Rowe * Choice *
£43.31
Harvard University Press What the Best Law Teachers Do
Book SynopsisThis pioneering book is the first to identify the methods, strategies, and personal traits of law professors whose students achieve exceptional learning. Modeling good behavior through clear, exacting standards and meticulous preparation, these instructors know that little things also count--starting on time, learning names, responding to emails.Trade ReviewReading this book is like sitting down and having extensive conversations with excellent teaching mentors. It is a wonderful addition to the professional mentorship that is so important yet often so lacking in faculty development. -- Alison Grey Anderson, University of California, Los AngelesThis book fills an enormous vacuum in law teaching literature. Based on painstaking, methodical, individual attention to 26 carefully-selected law professors from around the country, it presents cogent, inspiring, and concrete approaches to teaching and student-teacher relationships in the voices of the teachers and their students themselves. -- Jean Koh Peters, Yale UniversityThe authors present several interesting ideas relevant to teaching and learning law, ideas that should flourish at a time when law schools are seeking ways to reinvent themselves. The intended reach of this book, primarily teachers of law, is narrow, but teachers of all subjects stand to benefit. * Publishers Weekly *
£22.46
Harvard University Press The Behavior of Federal Judges
Book SynopsisFederal judges are not just robots or politicians in robes, yet their behavior is not well understood, even among themselves. Using statistical methods, a political scientist, an economist, and a judge construct a unified theory of judicial decision-making to dispel the mystery of how decisions from district courts to the Supreme Court are made.Trade Review[The Behavior of Federal Judges] provides the most comprehensive and detailed empirical analysis yet of the role played by ideology and political affiliation in judicial decision making...It collects and analyzes a daunting amount of data. -- Adam Liptak * New York Times *The most detailed and elaborate quantitative analysis of the federal judiciary to date... [The authors] show that the role of judicial ideology gets a lot bigger as we move up the judicial hierarchy...Epstein, Landes, and Posner have produced the best and most comprehensive study of judicial behavior by reference to quantitative measures and statistical analysis. Their book will almost certainly define the field for many years to come...Epstein, Landes, and Posner have performed an important service in establishing the truths, and the limits, of both legalism and realism. -- Cass R. Sunstein * New Republic *Epstein, Landes, and Posner have written a brilliant book that ultimately shows the importance of the individual judge or justice to the outcome of cases. The Behavior of Federal Judges shows that who is on the bench matters enormously. It is a work that will shape discussions and research about the federal courts for many years to come. -- Erwin Chemerinsky * Judicature *The Behavior of Federal Judges has the potential to radically reorient the entire field of research into judicial behavior, one of the most exciting fields in law, economics, and political science. Epstein, Landes, and Posner go beyond the artificial divisions amongst these fields, and show how their different perspectives can be combined into a powerful model that not only makes enormous sense theoretically, but is backed by a mountain of data across all levels of the federal judiciary. I have little doubt that, in the years to come, this book will be seen as having begun a new type of scholarship on judicial behavior and institutions. -- Mitu Gulati, Duke University School of LawThe Behavior of Federal Judges sets out to be the definitive book on the subject of judicial behavior. The authors establish a new mainstream in this exciting field—a unified model of judicial behavior that incorporates legal, economic, and political perspectives. There is no question that this book is a major work, providing both a benchmark and an agenda for future work. -- William H. J. Hubbard, University of Chicago Law School
£41.56
Harvard University Press Corruption in America
Book SynopsisWhen Louis XVI gave Ben Franklin a diamond-encrusted snuffbox, the gift troubled Americans: it threatened to corrupt him by clouding his judgment. By contrast, in 2010 the Supreme Court gave corporations the right to spend unlimited money to influence elections. Zephyr Teachout shows that Citizens United was both bad law and bad history.
£21.95
Harvard University Press The Law of Life and Death
Book SynopsisAre you alive? Most people believe that some law defines our status as living (or not) for all purposes. But Foley shows that “not being dead” isn’t necessarily the same as being alive, in the eyes of the law. The need for more organ transplants and conservation of health care resources is exerting pressure to expand the legal definition of death.Trade ReviewFoley’s book is essentially a primer or textbook on these legal issues of life and death, suitable for ethicists interested in learning about the law and for lawyers interested in learning about ethics… Foley ably lays out the moral arguments and legal disputes, and persuasively criticizes poorly reasoned judicial opinions. -- Eric Posner * New Republic online *Foley presents a profoundly intelligent, distinctive, and disturbing book. In seven short chapters, she dissects the legality behind what makes a person alive or dead… This work will be appreciated by legislators, serious readers, and legal and medical professionals. -- Harry Charles * Library Journal *Elizabeth Price Foley takes us on an agile and insightful romp through the briar patch of state and federal laws governing medical practice at the beginning and end of life. American politics is mired in legal debates over the limits of life and death practices, including embryo research, abortion, transplantation, treatment termination, suicide, and, most recently, ‘death panels.’ The Law of Life and Death deserves close attention from anyone trying to understand why lawyers have more influence than physicians on birth and death. -- George J. Annas, author of Worst Case Bioethics
£30.56
The Department of Sanskrit and Indian Studies The Law Code of Viu
Book SynopsisThe Law Code of Viṣṇu is one of the latest of the ancient Indian legal texts composed around the seventh century CE in Kashmir. This volume contains a critical edition of the Sanskrit text based on fifteen manuscripts, an annotated English translation, and an introduction evaluating its textual history.
£35.66
Harvard University Press Laying Down the Law
Book SynopsisAfter WWII, U.S. leaders sought to create liberal rule-of-law regimes in Germany and Japan, but the effort was often unsuccessful. Kostal argues that the manifest failings of America’s own rule-of-law democracy were partially to blame, weakening U.S. credibility and resolve and revealing the country’s ambiguous status as a global moral authority.Trade ReviewIn 1945, Americans boldly set out to remake the legal systems of occupied Japan, where they knew nothing about Japanese law, and Germany, where they often ignored German experts. Kostal’s book is a wonderfully novel, clear, and caustic history of the successes and failures of these endeavors. -- Robert W. Gordon, author of Taming the Past: Essays on Law in History and History in LawThis much-needed and compelling book examines American legal reform in occupied Germany and Japan, emphasizing the centrality of individual rights and the rule of law to American conceptualizations of democratic transformation. Kostal’s close attention to the successes, hypocrisies, and shortcomings of these American efforts offers vital insights while highlighting the intellectual, institutional, and moral limits of American visions of postwar democratization. -- Jennifer M. Miller, author of Cold War Democracy
£43.31
