Legal history Books
McGill-Queen's University Press Married Women and the Law
Book SynopsisInquiries into how law shaped the effects of marriage for generations of women.Trade Review"Married Women and the Law makes a significant contribution to conceptualizing coverture's ever changing impact on women and families and each chapter is interesting and provocative in its own right." Amy Froide, Department of History, University of Maryland, Baltimore County "A much needed and powerful study of married women's status in law." Joanne Bailey, Department of History, Philosophy, and Religion, Oxford Brookes University "The collection provides a number of fresh insights into issues that do not naturally arise in the discussion of a legal doctrine. Authors from a variety of disciplines present an analysis of coverture, which itself has an impact on a diverse set of matters. The result [is] a collection that is accessible and appealing to a multitude of readers." Saskatchewan Law Review
£26.99
University of British Columbia Press Taxing Choices
Book SynopsisWinner, 2003-2004 Harold Adams Innis Prize for Best English-Language Book in the Social Sciences, Canadian Federation for Humanities and Social SciencesIn the early 1990s, lawyer Beth Symes brought an equality challenge against the Canadian Income Tax Act, arguing that her childcare costs were a business expense. The case ignited public controversy. Was Symes disadvantaged on the basis of gender, or unfairly privileged on the basis of class?This book seeks answers to those questions through close attention to the Symes case, where class and gender interests clashed over the tax treatment of childcare. It looks at the history of legislative and litigative struggles, the dynamics of courtroom discourse, and the influence of broad social debates about children and the public/private divide. It reveals how frequently the rhetoric of choice, responsibility, and selfishness is invoked in response to women''s attempts to place issues of childcare on the public agenda.TTrade Review"This book makes a huge contribution to the field of socio-legal studies. The scholarship is first rate, and the author has applied complex theories in a manner that is extremely accessible. It is a "great read," it tells a fascinating story, and should interest anyone attentive to issues of fairness, justice, and how these issues play out in the courts." - Claire Young, Faculty of Law, University of British Columbia, and author of Women, Tax and Social ProgramsTable of ContentsAcknowledgmentsIntroduction: The Intersection of Power and WoundPart 1: Prelude1 Theoretical Foundations2 Childcare Politics in Canada3 Legal Manoeuvring and the Development of Litigation StrategiesPart 2: "The Play's the Thing"4 Strategy and Practice: The Play's the Thing PartPart 3: Sorting Out the Aftermath5 The Limits of Judicial Power: The Court as Constrained6 Power, Constraint, and the Rhetoric of Choice7 Multiple Solitudes: Intersectionality in the Nonexpert Public Response8 Class and Gender on the Terrain of Need: Intersectionality in Expert Public Response9 Lessons to Be Learned and a Case to Be RemadeAppendicesA Selected Statutory ProvisionsB Selections from the Dissent in Symes v. CanadaNotesBibliographyIndex
£73.95
University of British Columbia Press Laws and Societies in the Canadian Prairie West
Book SynopsisChallenging myths about a peaceful west and prairie exceptionalism, the book explores the substance of prairie legal history and the degree to which the region's mentality is rooted in the historical experience of distinctive prairie peoples.Trade ReviewLaws and Societies is a useful contribution to the sparse history of law and governance in Canada ... The editors challenge historians of western Canada to muse about the use of the law and legal documents in their projects. Hopefully, the collection will inspire future conferences, discussions, and monographs on the law and its application in western Canada and in Canada. -- Jonathan Anuik, University of Saskatchewan * H-Net Book Review *[UBC Press’ Law and Society Series], edited by W. Wesley Pue, is a prime example of the excellent scholarly work that is currently being conducted on the critical issues surrounding the interaction between law and society in Canada. The eleven essays in Laws and Societies in the Canadian Prairie West underscore the complexities of implementing the rule of law and administering “justice” in the sparsely settled and geographically vast area of Canada’s Prairie region. As Lou Knafla notes in the introductory chapter, the Prairies represent the “least developed” region in Canadian legal history (p.2). This volume makes a notable contribution to correcting this imbalance. As well as being a valuable source for Canadian legal and social historians, Laws and Societies in the Canadian Prairie West will prove to be beneficial to scholars outside of Canada who wish to gain a better understanding of some of this country’s key legal foundations. -- Michael Boudreau, Department of Criminology & Criminal Justice, St. Thomas University * Law and Politics Book Review, Vol. 16 No. 7, July, 2006 *Table of ContentsIllustrationsPreface1. Introduction: Laws and Societies in the Anglo-Canadian North-West Frontiers and Prairie Provinces, 1670-1940 / Louis A. KnaflaPart One: First Nations and First Peoples2. Law and Necessity in Western Rupert's Land and Beyond, 1670-1870 / Hamar Foster3. “There Seemed to be No Recognized Law”: Canadian Law and the Prairie First Nations / Sidney L. Harring4. The Exclusionary Effect of Colonial Law: Indigenous Peoples and English Law in Western Canada, 1670-1870 / Russell C. Smandych5. Discipline and Discretion in the Mid-Eighteenth-Century Hudson's Bay Company Private Justice System / Paul C. NigolPart Two: Adaptations to Modernity6. Policing Two Imperial Frontiers: The Royal Irish Constabulary and the North-West Mounted Police / Greg Marquis7. The Common Law and Justices of the Supreme Court of the North-West Territories: The First Generation, 1887-1907 / Roderick G. Martin8. The Implications of a Provincial Police Force in Alberta and Saskatchewan / Zhiqiu Lin and Augustine Brannigan9. The Development of Prairie Canada's Water Law, 1870-1940 / Tristan M. Goodman10. Monopolies and State Regulation: The Calgary Power Company, Utilities, and the Alberta Public Utilities Board, 1910-30 / Janice Erion11. The Law and Public Nudity: Prairie and West Coast Reactions to the Sons of Freedom, 1929-1932 / John McLarenAcknowledgments Contributors General Index Index of Cases Index of Ordinances, Proclamations, and Statutes
£26.99
University of British Columbia Press Negotiating Responsibility
Book SynopsisThe meaning of criminal responsibility emerged in early- to mid-twentieth-century Canadian capital murder cases through a complex synthesis of socio-cultural, medical, and legal processes. Kimberley White places the negotiable concept of responsibility at the centre of her interdisciplinary inquiry, rather than the more fixed legal concepts of insanity or guilt. In doing so she brings subtlety to more general arguments about the historical relationship between law and psychiatry, the insanity defence, and the role of psychiatric expertise in criminal law cases.Through capital murder case files, White examines how the idea of criminal responsibility was produced, organized, and legitimized in and through institutional structures such as remissions, trial, and post-trial procedures; identity politics of race, character, citizenship, and gender; and overlapping narratives of mind-state and capacity. In particular, she points to the subtle but deeply influential ways in which comTrade Review"The scholarship is both extensive and rigorous. This book will make a pioneering and important contribution to Canadian historiography and social science in the area of mental disorder and justice. - Michael Petrunik, Department of Criminology, University of Ottawa"Table of ContentsPreface1 Introduction2 The Making and Mapping of Capital Murder Case Files3 Criminological Thinking and Ways of “Knowing” the Criminal4 Negotiating Responsibility in Law’s “Marketplace”: Beyond the Insanity Defence5 The Racialization of Criminal Responsibility6 Murder between “Wives” and “Husbands”7 Concluding ThoughtsAppendicesNotesBibliography
£73.95
University of British Columbia Press Feminized Justice The Toronto Womens Court 191334
Book SynopsisDrawing on case files and newspapers accounts of women’s confrontations with the law in the Toronto Women’s Police Court, Feminized Justice offers a multifaceted portrait of women, crime, and courts in early twentieth-century Toronto.Trade ReviewGlassbeek's book is an important addition to feminist colloquy as well as feminist inquiry...[a] comprehensive and insightful explanation of how and why a path paved with good intentions became a dead end. -- Judith A. Baer, Texas A&M University * Law and Politics Book Review, Vol 20, No 7 *Table of ContentsIntroduction1 The Toronto Women’s Police Court as an Institution2 Feminism, Moral Equality, and the Criminal Law: The Women’s Court as Feminized Justice3 “The badness of their badness when they’re bad”: Women, Crime, and the Court4 “What chance is there for a girl?” Vagrancy and Theft Charges in the Women’s Court5 “Up again, Jenny?” Repeat Offenders in the Women’s Court6 “Can her justice be just?” Margaret Patterson, Male Critics, and Female Criminals, 1922–34ConclusionNotesBibliographyIndex
£73.95
University of British Columbia Press The Practice of Execution in Canada
Book SynopsisThe first comprehensive examination of execution as a social institution in Canada.Trade ReviewIt is difficult to find any major faults with this study, which is a welcome addition to Canadian legal history. -- Greg Marquis, University of New Brunswick * Law and Politics Book Review, Vol 21, No 5 *This study of executions in Canada is morbidly fascinating—literally. In calm, clear, well-written prose, Leyton-Brown looks at several hundred Canadian executions and presents details about enough of them to make a good story ... anyone who reads this dispassionate book will have difficulty concluding that execution can ever be justified. Summing Up: Highly recommended. -- J.L. Granatstein * CHOICE, Vol 48, No 3 *Ken Leyton-Brown has tackled an enormously important piece of research and The Practice of Execution in Canada will, without a doubt, serve as an important reference. Everyone who opposes, and also those who favour the death penalty should read it. -- Gord Barnes, Amnesty International volunteer, activist and fieldworker * ActiveHistory.ca *Table of ContentsPreface and Acknowledgments1 Introduction2 Trial and Sentencing3 Redemption4 Confession5 Procession6 Hanging7 Display8 Inquest9 Disposal10 ConclusionNotesBibliographyIndex
£73.95
University of British Columbia Press Westward Bound Sex Violence the Law and the
Book SynopsisThrough the study of hundreds of criminal cases, Westward Bound explores how encounters between the courts and ordinary people on the Canadian Prairies contributed to the construction of race, class, and gender hierarchies in a settler society.Trade ReviewFascinating ... Erickson’s substantive incorporation of elements beyond the text, including courthouse architecture, prairie visual culture, and police photography, also enliven her discussion of legal and sociocultural developments ... scholars of western Canadian legal, sex-trade, and cultural history will find this book a valuable and engaging addition to both teaching and research. -- Laurie K. Bertram, University of Alberta * Journal of Colonialism and Colonial History, Vol. 13 No. 3, Winter 2012 *This exploration of hegemony and resistance debunks the myth of Canada's peaceful settlement of the West. * Prairie Books Now, No. 59, Summer 2012 *Table of ContentsForewordIntroduction1 Fruitful Land, Happy Homes, Manly Titans: Settlement Frontiers, Law, and the Intimate in Colonialism and Nation Building2 They Know No Better: Maintaining Race and Managing Domestic Space at the Fringes of Civilization3 The Most Public of Private Women: Prostitutes, Reformers, and Police Courts4 The Farmer, the Pioneer Woman, and the Hired Hand: Sexual Violence, Seduction, and the Boundaries of Class5 For Family, Nation, and Empire: Policing Drugs, Abortion, and Heterosexuality in the Interwar City6 The Might of a Good Strong Hand: Domestic Violence, Wife Murder, and Incest7 She Is to Be Pitied, Not Punished: The Murderess, the Woman Question, and the Capital Punishment DebateConclusionNotesBibliographyIndex
£73.95
University of British Columbia Press When Good Drugs Go Bad Opium Medicine and the
Book SynopsisThis intoxicating look at the history of drug regulation in Canada reveals how a variety of social and political forces converged at the turn of the twentieth century to transform both public attitudes toward, and access to, narcotics.Trade ReviewIn Malleck’s brilliant account we can see how commercial interests both combined and competed with professionals and sellers to influence Canada’s drug laws … As Canadians debate how marijuana should be designated—legal or illegal, medicine or recreational drug or both—Malleck provides a fascinating description of a similar journey taken by pain medications such as opium and cocaine at the beginning of the last century. His book provides a useful history to help us navigate today’s discussions about who should grow and sell safe and affordable marijuana. -- Colleen Fuller, a researcher and writer focused on health and pharmaceutical policy * Alberta Views *Malleck’s extensive use of primary sources convincingly establishes this context and describes the dominant origin story of Canada’s drug laws that has not frequently been told. -- Noah Wernikowski * Saskatchewan Law Review *Malleck vividly depicts how sensationalism, misunderstanding, and the threat to the practise of medicine fuelled the new concept of addiction distinct from insanity and moral depravity. Malleck’s scouring of all available records provides a rich understanding of how the social and cultural factors surrounding opium in Canada set the stage for the moral debate over drug use … His thorough analysis and ability to draw on a mountain of records to seamlessly tell the story provides the reader with a new found appreciation of the complex development of drug legislation in the modern era. -- Joel Rudewicz * Active History *[A] close study of how doctors, pharmacists, bureaucrats, and policy-makers wrestled over the control of opiates in the decades leading to the first Opium Act of 1908 … When Good Drugs Go Bad will be of interest to scholars exploring the history of drugs and their regulation while also adding to our understanding of state formation and professionalization during the nineteenth century. Its multi-regional focus on Quebec, Ontario, and British Columbia serves to nationalize these issues. Malleck also addresses and critically challenges the association in British Columbia between anti-Chinese sentiments and opium that, he argues, has distorted events by insisting that the Opium Act was a reaction to racial tensions. Instead, by broadening the regional lens, Malleck shifts the story to a contest over professional authority. -- Erika Dyck * BC Studies *When Good Drugs Go Bad deepens our understanding of the connections that could be so easily drawn between the body, race, medicine and the nation in early twentieth century Canada. -- Yvan Prkachin, Harvard University * Left History, Vol. 21 No. 1, Spring-Summer 2016 *[When Good Drugs Go Bad] is a well-written and well-researched book… Readers will learn much about the “awesome, awe-inspiring, and awful substance” that was opium... Readers may also find that Malleck’s discussion of “danger” and addiction fears with this drug in the nineteenth and early twentieth centuries resonates with today’s opioid debates. -- Shelley McKellar, University of Western Ontario * Pharmacy in History, Vol 60, No 3 *Table of ContentsIntroduction: Its Baneful Influences1 Medicating Canada before Regulation2 Opium in Nineteenth-Century Medical Knowledge3 Canada’s First Drug Laws4 Chinese Opium Smoking and Threats to the Nation5 Medicine, Addiction, and Ideas of Nation6 Madness and Addiction in the Asylums of English Canada7 Proprietary Medicines and the Nation’s Health8 Regulating Proprietary Medicine9 Drug Laws and the Creation of IllegalityConclusion: Baneful InfluencesNotes; Bibliography; Index
£29.70
University of British Columbia Press In Search of the Ethical Lawyer Law and Society
Book SynopsisDelving into some of the most challenging issues to confront legal professionals, this book raises important questions about what it means to be an ethical lawyer in Canada.Trade ReviewThere are many different conceptions of what an ethical lawyer is and what legal ethics are and there are tensions among these conceptions that make legal ethics more complex than I had ever imagined … In [In Search of the Ethical Lawyer], Adam Dodek and Alice Woolley have compiled a set of stories that illustrate these diverse aspects of ethical lawyership … I highly recommend this text … All in all, [it] is an indispensable guide for both the seasoned legal practitioner and lay user of the Small Claims Court. -- Philton Moore, Barrister, Solicitor & Notary Public * Canadian Law Library Review *In Search of the Ethical Lawyer is an engrossing collection of essays that seeks to inject a measure of humanity and empathy into discussion of some of the most complex and compelling ethical issues in Canadian legal history, past and present. In this regard, it succeeds, providing a perspective that simply cannot be matched by an examination of related court decisions or academic articles … Ethical Lawyer offers lessons and practical advice that today’s lawyers can understand and integrate into their own careers. -- Jayme Anton * Saskatchewan Law Review *Table of ContentsForeword / Paul WellsIntroduction / Adam Dodek and Alice Woolley1 Keeping Secrets or Saving Lives: What Is a Lawyer to Do? / Adam Dodek2 Putting Up a Defence: Sex, Murder, and Videotapes / Allan C. Hutchinson3 “No One’s Interested in Something You Didn’t Do”: Freeing David Milgaard the Ugly Way / David Asper4 “Begun in Faith, Continued in Determination”: Burnley Allan (Rocky) Jones and the Egalitarian Practice of Law / Richard F. Devlin5 Feminist Lawyering: Insiders and Outsiders / Janine Benedet6 Gender and Race in the Construction of “Legal Professionalism”: Historical Perspectives / Constance Backhouse7 The Helping Profession: Can Pro Bono Lawyers Make Sick Children Well? / Lorne Sossin8 A New Wave of Access to Justice Reform in Canada / Trevor C.W. Farrow9 Michelle’s Story: Creativity and Meaning in Legal Practice / Alice Woolley10 Ian Scott: Renaissance Man, Consummate Advocate, Attorney General Extraordinaire / W. Brent Cotter11 Gerry Laarakker: From Rustic Rambo to Rebel with a Cause / Micah RankinIndex
£25.19
University of British Columbia Press By the Court
Book SynopsisAny court watcher knows that the Supreme Court of Canada delivers some of its major constitutional judgments in a By the Court format. The abandonment of the common law tradition of attributing decisions to individual judges in favour of an anonymous and unanimous approach is unique among Western democracies. By the Court is the first major study of these unanimous and anonymous decisions and features a complete inventory, chronology, and typology of these cases. Some significant examples include the Secession of Quebec reference and the Carter decision on assisted suicide. Peter McCormick and Marc Zanoni also ask where and why the idea emerged and whether it signals a genuinely collegial authorship or simply masks the dominance of the Chief Justice. Ultimately, By the Court explores the purposes and potential future of By the Court, framing this practice as the most dramatic form of a modern style that highlights the institution and downplays indiviTrade ReviewThis is an appealing book, and I recommend it to members of the Canadian Association of Law Libraries. Anyone with an interest in the history of the Supreme Court of Canada, their judgments, and the judgment writing process will enjoy this book. -- Ann Marie Melvie, Law Librarian * Canadian Law Library Review *Table of ContentsPart 1: Introduction1 What are By the Court decisions?2 The Supreme Court of Canada Takes to the Constitutional Stage3 Why Decision Presentation Formats MatterPart 2: The Road to By the Court Decisions4 Originality: Nothing to Copy5 Uniqueness: A Global Common Law Survey6 Early History: The “Minor Tradition”7 Emergence: The Birth of the “Grand Tradition”Part 3: The Modern By the Court Decisions8 Inventory and Chronology of Decisions9 A Typology of Decisions10 Why These Cases?Part 4: Conclusion11 The Meaning and the Future of the By the Court FormatNotes; Bibliography; Index
£25.19
University of British Columbia Press Debt and Federalism
Book SynopsisDebt and Federalism is the first complete account of the Canadian federal bankruptcy and insolvency power, showing how four landmark cases form the bedrock of the modern bankruptcy system.Trade ReviewThis book is a masterpiece of academic contribution enriching our understanding on the bankruptcy law development in Canada and beyond … I am overwhelmed by the quality of the in-depth analysis in this book. -- Zhang Zinian, University of Leeds * Singapore Global Restructuring Initiative Blog *While the tradition of any book review is to mention a few blemishes, I was hard pressed to find any... This is an excellent, thought-provoking and informative book. -- Vern W. DaRe, University of Windsor * Banking & Finance Law Review *Table of ContentsIntroduction: An Untested Federal Power1 The Voluntary Assignments Case (1894) and Lord Herschell’s Dicta2 Royal Bank of Canada v Larue and the Brave New World of Bankruptcy Law3 The Companies’ Creditors Arrangement Act Reference Case and the Debtor’s Financial Condition4 The Farmers’ Creditors Arrangement Act Reference Case and Rehabilitating DebtorsConclusion: A Modern View of Bankruptcy and InsolvencyNotes; Bibliography; Index of Cases; Index
£52.70
University of British Columbia Press Debt and Federalism
Book SynopsisDebt and Federalism is the first complete account of the Canadian federal bankruptcy and insolvency power, showing how four landmark cases form the bedrock of the modern bankruptcy system.Trade ReviewThis book is a masterpiece of academic contribution enriching our understanding on the bankruptcy law development in Canada and beyond … I am overwhelmed by the quality of the in-depth analysis in this book. -- Zhang Zinian, University of Leeds * Singapore Global Restructuring Initiative Blog *While the tradition of any book review is to mention a few blemishes, I was hard pressed to find any... This is an excellent, thought-provoking and informative book. -- Vern W. DaRe, University of Windsor * Banking & Finance Law Review *Table of ContentsIntroduction: An Untested Federal Power1 The Voluntary Assignments Case (1894) and Lord Herschell’s Dicta2 Royal Bank of Canada v Larue and the Brave New World of Bankruptcy Law3 The Companies’ Creditors Arrangement Act Reference Case and the Debtor’s Financial Condition4 The Farmers’ Creditors Arrangement Act Reference Case and Rehabilitating DebtorsConclusion: A Modern View of Bankruptcy and InsolvencyNotes; Bibliography; Index of Cases; Index
£22.79
University of British Columbia Press Reckoning with Racism
Book SynopsisReckoning with Racism is a riveting account of Canada's most momentous race case, which drew in the country's first Black female judge and spotlighted racist police practices.Trade ReviewThis is a landmark book about a landmark case in Canadian history. -- B. F. R. Edwards, Queen's University * CHOICE Connect *"As Backhouse notes in the introduction, decades before George Floyd, this case brought the discussion of race in our legal system into focus, challenging the white privileged and racial silence that generally characterize Western justice." -- Shauna Wilton * Ethnic and Racial Studies *Table of ContentsIntroduction1 The Trial2 The People3 A Black History of Nova Scotia4 Race and Policing in Nova Scotia5 The Initial Fallout6 The Appeals Begin in Nova Scotia’s Supreme Court7 Nova Scotia Court of Appeal8 Gender Matters9 Appeal to the Supreme Court of Canada10 The Supreme Court of Canada’s “Gang of Five”11 The Concurring Opinion in Defence of Judge Sparks12 EpilogueConclusionChronologyNotes; Index
£55.80
University of British Columbia Press Reckoning with Racism
Book SynopsisReckoning with Racism is a riveting account of Canada's most momentous race case, which drew in the country's first Black female judge and spotlighted racist police practices.Trade ReviewThis is a landmark book about a landmark case in Canadian history. -- B. F. R. Edwards, Queen's University * CHOICE Connect *"As Backhouse notes in the introduction, decades before George Floyd, this case brought the discussion of race in our legal system into focus, challenging the white privileged and racial silence that generally characterize Western justice." -- Shauna Wilton * Ethnic and Racial Studies *Table of ContentsIntroduction1 The Trial2 The People3 A Black History of Nova Scotia4 Race and Policing in Nova Scotia5 The Initial Fallout6 The Appeals Begin in Nova Scotia’s Supreme Court7 Nova Scotia Court of Appeal8 Gender Matters9 Appeal to the Supreme Court of Canada10 The Supreme Court of Canada’s “Gang of Five”11 The Concurring Opinion in Defence of Judge Sparks12 EpilogueConclusionChronologyNotes; Index
£22.79
University of British Columbia Press Judging Sex Work
Book SynopsisJudging Sex Work argues that a decision widely considered to be a victory for social justice weakened sex workers' rights far more than it strengthened them.
£55.80
University of British Columbia Press Judging Sex Work
Book SynopsisJudging Sex Work argues that a decision widely considered to be a victory for social justice weakened sex workers' rights far more than it strengthened them.
£25.19
MB - Cornell University Press Rancor and Reconciliation in Medieval England
Book SynopsisDuels and bloodfeuds have long been regarded as essentially Continental phenomena, counter to the staid and orderly British ways of settling differences. In this surprising work of social and legal history, Paul R. Hyams reveals a post-Conquest England not all that different from the realms across the Channel. Drawing on a wide range of texts and the long history of argument about these texts, Hyams shatters the myth of English exceptionalism, the notion that while feud and vengeance prevailed in the lands of the Franks, England had advanced beyond such anarchic barbarism by the time of the Conquest and forged a centralized political and legal system. This book provides support for the notion that feud and vengeance flourished in England long beyond the Conquest, and that this fact obliges us to reconsider the genealogies of both common law and the English monarchy.Moving back and forth between a broad overview of 300 years of legal history and the details of specific Trade Review"Paul R. Hyams engages in some feuds of his own in this consistently informative, learned, and imaginative account of feud's stubborn refusal to take its leave from the legal and political stage from the 9th to the 13th century, though it was invited (ambivalently) by king and cleric to vacate the scene." -- William Ian Miller, University of Michigan Law School"Rancor and Reconciliation in Medieval England is calculated to start a new round in the endless dialogue among historians. Private vengeance, and specifically the feud, Paul R. Hyams argues, was as much in vogue in early medieval England as it was on the Continent. Not only that, it continued to be the way that medieval English men and women often preferred to redress their wrongs, not only in the decades that followed the Norman conquest, but right up to the reign of Edward I, more than a century after English common law had begun to provide alternative means to settle disputes. Legal historians, Hyams insists, need to pay more attention than they have usually done to the choices that law's consumers make when they seek satisfaction for the wrongs they have suffered. In a book filled with learning and shrewd observations, Hyams offers historians a provocative new construction of the early history of the common law." -- James A. Brundage, Ahmanson-Murphy Professor Emeritus, The University of Kansas
£59.40
Cornell University Press Witches Wife Beaters and Whores
Book SynopsisIn a compelling book full of the extraordinary stories of ordinary people, Elaine Forman Crane reveals the ways in which early Americans clashed with or conformed to the social norms established by the law.Trade ReviewCrane delves deeply into the historical record—particularly legal documents—to present sometimes salacious and always fascinating stories of illegal activities from the past and the ways that individuals and communities sought to right wrongs and mete out punishments.... Crane has selected remarkable stories and pieced together an incredible array of detail from the available documents. -- Bridget M. Marshall * Early American Literature *Crane's earlier microhistory, Killed Strangely, proved her mastery of the genre, and this new book moves us a step closer to understanding law's place in the construction of American society and institutions. A successful legal microhistory has four characteristics: The work must tell a compelling story; place the events in a larger historical context; analyze legal issues without losing the narrative thread; and explain how the case illuminates the rule of law in society. Crane succeeds in every respect. Her stories grab our attention, enlarge our understanding through the power of example, and leave us better equipped to identify significant trends. Morever, Crane offers us a master class in the scrupulous interpretation of court records. Her rigorous interrogation of her sources, exposing all their ambiguities and lacunae, furnishes a model for all who would practice the historian's craft. * American Historical Review *Elaine Forman Crane has unearthed unique stories in local records across both space and time, from mid-seventeenth-century New Amsterdam and Bermuda to eighteenth-century New England to postrevolutionary Maryland. The matters these cases addressed were as diverse as the places they occurred, and Crane uses each chapter to craft a story about such issues as the power of words, domestic violence, rape, and loss of economic stability. Each vignette illustrates how ordinary people's negotiations of extraordinary circumstances helped create distinctively American legal cultures.... Crane's work pokes holes in such generalization as those on the rise of companionate marriage and the relationship between economic and legal power in early America. With this series of local studies Crane contributes even more evidence to support the argument that Americans shaped their law to meet needs peculiar to their own time and place. * Journal of American History *Elaine Forman Crane offers a new variation by using the common theme of legal interactions among Europeans and Africans in colonial North America to link six individual microhistories in a single volume.... The greatest strength of Witches, Wife Beaters, and Whores is Crane's discussion of trials from four very different colonies.... Crane's research, analysis, and storytelling skills are impeccable. Witches, Wife Beaters, and Whores provides readers with a vivid array of characters seemingly designed to walk into lecture halls and dinner-table conversations as illustrations of the rich and complex world of colonial America. * William and Mary Quarterly *This enthralling, deeply researched work demonstrates vividly that early Americans lived in a world saturated by the law. Crane is interested specifically in the 'common folk' of her title; tavern keepers, merchants, a handful of witches, murdered and battered wives, an enslaved black man. To uncover how the law suffused their world, Crane employs the methodology of microhistory, an approach used with great success by historians seeking to discern the lives and mentalities of those often not able to speak for themselves. Crane has undertaken research in challenging sources. Even more impressively, she has taken snippets of information and woven them into engaging, moving, and occasionally riveting stories. Crane demonstrates through her painstakingly re-created life histories just how much 'legal culture and the routine of daily life were knotted together in early America.'... Crane's admirable book is likely to inspire many further studies that will help answer some important questions. In the meantime, she has blazed a trail with her exemplary study, demonstrating that it is possible to bring the dead to life even without the aid of a ghost. Instead, Crane offers us an engaging and detailed analysis of how ordinary people understood and deployed the law in the most adverse circumstances, drawing us in with stories that are sometimes heartbreaking, sometimes funny, sometimes confounding, but always intriguing and absorbing. * Common-place *Table of ContentsIntroduction1. In Dutch with the Neighbors: Slander "in a well regulated Burghery"2. Bermuda Triangle: Witchcraft, Quakers, and Sexual Eclecticism3. "Leave of [f ] or Else I Would Cry Out Murder": The Community Response to Family Violence in Early New England4. Cold Comfort: Race and Rape in Rhode Island5. He Would "Shoot him upon the Spott": The Eviction of Samuel Banister6. A Ghost StoryEpilogueNotes Index
£35.15
Cornell University Press A Mighty Empire
Book SynopsisFirst published in 1988, Marc Egnal''s now classic revisionist history of the origins of the American Revolution, focuses on five coloniesMassachusetts, New York, Pennsylvania, Virginia, and South Carolinafrom 1700 to the post-Revolutionary era. Egnal asserts that throughout colonial America the struggle against Great Britain was led by an upper-class faction motivated by a vision of the rapid development of the New World. In each colony the membership of this group, which Egnal calls the expansionist faction, was shaped by self-interest, religious convictions, and national origins. According to Egnal, these individuals had long shown a commitment to American growth and had fervently supported the colonial wars against France, Spain, and Native Americans.While advancing this interpretation, Egnal explores several salient aspects of colonial society. He scrutinizes the partisan battles within the provinces and argues that they were in fact clashes between the expansionists andTrade ReviewA challenging new interpretation, well written and solidly supported. * Library Journal *This book first appeared in 1988 with a forthright argument about the intersections between political economy and the American Revolution... [and] remains a vital voice amid the cacophonous babble of interpretative approaches to the Revolutionary era.... A Mighty Empire remains a provocative thesis, and it may yet prove to be the building block of a fruitful body of scholarship on the American Revolution. Interested scholars should be grateful to the press for reissuing the book. -- Benjamin L. Carp * The Historian *Table of ContentsPreface 2010 Preface to the First EditionIntroductionPART ONE THE FACTIONS EMERGE, 1690–1762 1. Massachusetts to 1741: Three Parties Were Formed 2. Massachusetts, 1741–1762: Coalition Politics 3. New York: Traders and Warriors 4. Pennsylvania: Quaker Party Ascendancy 5. Virginia: Rise of the Northern Neckers 6. South Carolina: Factions Times TwoPART TWO REVOLUTIONARY POLITICS, 1763–1770 7. The Depression of the 1760s 8. Massachusetts: Patriot Alliance 9. New York: Reluctant Revolutionaries 10. Pennsylvania: Challenging the Quaker Party 11. Virginia: Conflict and Cooperation 12. South Carolina: Triumphant PatriotsPART THREE THE QUIET YEARS, 1771–1773 13. The Quiet YearsPART FOUR THE EXPANSIONISTS PREVAIL, 1774–1776 14. Northern Colonies: Antagonists High and Low 15. Southern Colonies: Maintaining Control 16. Beyond IndependenceAppendix. Members of the Factions Index
£32.30
Cornell University Press Witches Wife Beaters and Whores
Book SynopsisIn a compelling book full of the extraordinary stories of ordinary people, Elaine Forman Crane reveals the ways in which early Americans clashed with or conformed to the social norms established by the law.Trade ReviewCrane delves deeply into the historical record—particularly legal documents—to present sometimes salacious and always fascinating stories of illegal activities from the past and the ways that individuals and communities sought to right wrongs and mete out punishments.... Crane has selected remarkable stories and pieced together an incredible array of detail from the available documents. -- Bridget M. Marshall * Early American Literature *Crane's earlier microhistory, Killed Strangely, proved her mastery of the genre, and this new book moves us a step closer to understanding law's place in the construction of American society and institutions. A successful legal microhistory has four characteristics: The work must tell a compelling story; place the events in a larger historical context; analyze legal issues without losing the narrative thread; and explain how the case illuminates the rule of law in society. Crane succeeds in every respect. Her stories grab our attention, enlarge our understanding through the power of example, and leave us better equipped to identify significant trends. Morever, Crane offers us a master class in the scrupulous interpretation of court records. Her rigorous interrogation of her sources, exposing all their ambiguities and lacunae, furnishes a model for all who would practice the historian's craft. * American Historical Review *Elaine Forman Crane has unearthed unique stories in local records across both space and time, from mid-seventeenth-century New Amsterdam and Bermuda to eighteenth-century New England to postrevolutionary Maryland. The matters these cases addressed were as diverse as the places they occurred, and Crane uses each chapter to craft a story about such issues as the power of words, domestic violence, rape, and loss of economic stability. Each vignette illustrates how ordinary people's negotiations of extraordinary circumstances helped create distinctively American legal cultures.... Crane's work pokes holes in such generalization as those on the rise of companionate marriage and the relationship between economic and legal power in early America. With this series of local studies Crane contributes even more evidence to support the argument that Americans shaped their law to meet needs peculiar to their own time and place. * Journal of American History *Elaine Forman Crane offers a new variation by using the common theme of legal interactions among Europeans and Africans in colonial North America to link six individual microhistories in a single volume.... The greatest strength of Witches, Wife Beaters, and Whores is Crane's discussion of trials from four very different colonies.... Crane's research, analysis, and storytelling skills are impeccable. Witches, Wife Beaters, and Whores provides readers with a vivid array of characters seemingly designed to walk into lecture halls and dinner-table conversations as illustrations of the rich and complex world of colonial America. * William and Mary Quarterly *This enthralling, deeply researched work demonstrates vividly that early Americans lived in a world saturated by the law. Crane is interested specifically in the 'common folk' of her title; tavern keepers, merchants, a handful of witches, murdered and battered wives, an enslaved black man. To uncover how the law suffused their world, Crane employs the methodology of microhistory, an approach used with great success by historians seeking to discern the lives and mentalities of those often not able to speak for themselves. Crane has undertaken research in challenging sources. Even more impressively, she has taken snippets of information and woven them into engaging, moving, and occasionally riveting stories. Crane demonstrates through her painstakingly re-created life histories just how much 'legal culture and the routine of daily life were knotted together in early America.'... Crane's admirable book is likely to inspire many further studies that will help answer some important questions. In the meantime, she has blazed a trail with her exemplary study, demonstrating that it is possible to bring the dead to life even without the aid of a ghost. Instead, Crane offers us an engaging and detailed analysis of how ordinary people understood and deployed the law in the most adverse circumstances, drawing us in with stories that are sometimes heartbreaking, sometimes funny, sometimes confounding, but always intriguing and absorbing. * Common-place *Table of ContentsIntroduction1. In Dutch with the Neighbors: Slander "in a well regulated Burghery"2. Bermuda Triangle: Witchcraft, Quakers, and Sexual Eclecticism3. "Leave of [f ] or Else I Would Cry Out Murder": The Community Response to Family Violence in Early New England4. Cold Comfort: Race and Rape in Rhode Island5. He Would "Shoot him upon the Spott": The Eviction of Samuel Banister6. A Ghost StoryEpilogueNotes Index
£22.79
Cornell University Press Negotiating Space
Book SynopsisWhy did early medieval kings declare certain properties to be immune from the judicial and fiscal encroachments of their own agents? Did weakness compel them to prohibit their agents from entering these properties, as historians have traditionally...Trade ReviewAn unconventional new contribution.... Rosenwein's line of thought opens up entirely new vistas of interpretation to historians as she reads between the lines of apparently dry-as-dust material hitherto relegated to diplomatic and legal history, and finds vitally important power politics and enormous creativity lurking behind its demurely formal record.... Beyond its stated subject of the ordering of space, Rosenwein's book suggests that creativity and ingenious power politics are as characteristic of troubled times as of peaceful prosperity. -- Aline G. Hornaday * Journal of Unconventional History *While it is essential reading for anyone interested in questions of law, power, and politics in the early Middle Ages, Rosenwein's forays into anthropological literature and Anglo-American legal history recommend this work to a wider audience. -- Adam J. Kosto * Law and History Review *In this able and thought-provoking book... Rosenwein investigates her case studies with her customary disciplined scholarship and sensitivity to nuance. There is much absorbing material to ponder here, not only about the workings of power relationships in early medieval societies but also about notions concerning holy places, gift-giving, purity, defilement, protection, and asylum.... There are lessons to be learned in all sorts of directions.... Historians will find challenging food for thought in Rosenwein's pages. -- Richard Fletcher * Times Literary Supplement *Our understanding of how early-medieval Europe functioned as a secular and a religious community is greatly enhanced by this splendid monograph.... A superb study. -- Harry Rosenberg * Speculum *Anyone who has picked up a volume of early medieval charters has encountered an immunity diploma. Anyone who has read Barbara Rosenwein's wonderful book will never read an immunity the same way again. This is one of the most interesting and important books I have read in many years. -- Thomas F. X. Noble * Arthuriana *Readers will learn much from this book about monastic privileges in the early Middle Ages. Rosenwein has taken a subject that has been in the bailiwick of continental scholarship and introduced it to an English-speaking audience with style and wit. -- Kenneth Pennington, Syracuse University * American Historical Review *Rosenwein has produced another original and ambitious study of a topic with wide-ranging implications. One of its greatest merits is that it seems likely to provoke readers to thought and, with luck, to further research on some of the issues that it raises. -- James A. Brundage * Church History *
£26.59
Cornell University Press In the Matter of J. Robert Oppenheimer
Book SynopsisAt the end of World War II, J. Robert Oppenheimer was one of America's preeminent physicists. For his work as director of the Manhattan Project, he was awarded the Medal for Merit, the highest honor the U.S. government can bestow on a civilian. Yet...Trade ReviewThe Polenburg edition has a number of important virtues, beginning with the fact that it brings this classic back into print, three decades after the original 1954 edition was reprinted by MIT Press in 1971. Whereas the original volume extended over a thousand pages of tiny, densely packed type and was nearly unreadable for more than a few pages at a time, the new edition is handsomely produced with a decently sized typeface and is a pleasure to read. -- Steven Aftergood * Journal of Cold War Studies *In the spring of 1954... the Atomic Energy Commission (AEC) held hearings to determine if Dr. J. Robert Oppenheimer, scientific director of the WWII atomic bomb project, should be allowed to retain his security clearance. The proceedings were initiated by a letter from the Chief of Staff of the AEC... in which he suggested that Oppenheimer was an agent of the Soviet Union.... The 28-page introduction contains a useful discussion of the background and politics behind the hearings. The index is good, and the list of suggested reading material is useful. * Choice *This book is a wonderful resource for teaching. It is ideal for use as a core text in courses on twentieth-century American history and on the history of modern science. And it should appeal also to the general reader as an accessible version of an authentic and pivotal historical drama. -- Charles Thorpe * British Journal for the History of Science *The criteria of significane and balance are very well met, making the book an excellent case study in the temper of those times.... This book deserves high marks indeed. -- Gordon L. Shull * Perspectives on Politics *
£28.49
Stanford University Press Henry Fords War on Jews and the Legal Battle
Book SynopsisThe complex story behind Henry Ford's stunning 1927 apology to the Jews-a statement that was supposed to put an end to his career as a purveyor of hate speech but which ironically kept his name on one of the most widely circulated antisemitic tracts in history.Trade Review"Woeste [delivers an] in-depth [analysis] rich with ethnographic and historical detail . . . [O]ne discovers a [theme], that fostering meaningful equality in diverse communities can only be done where law is not willfully color-blind . . . [Woeste provides] the sort of nuanced and substantive discussions of diversity that [is] sorely needed in public discourse today."—Tanya Katerí Hernández, Journal of Legal Education"Victoria Woeste has written a brilliantly detailed account of the responses to Ford's 'War on Jews,' focusing on two leading American Jewish lawyers: Louis Marshall and Aaron Sapiro . . . One of the signal virtues of this fine book, then, is that it provides readers with ample, rich, and fascinating evidence on which to form their own views about its provocative arguments and conclusions."—William E. Forbath, Law and History Review"[Henry Ford's War on Jews and the Legal Battle Against Hate Speech] is an exciting, elegantly written, and meticulously researched book."—Klaus P. Fischer, American Historical Review"Thoroughly researched and ably written, Henry Ford's War on Jews traces [Aaron] Sapiro's valiant attempt to defend not only his good name but that of the Jewish people."—Rafael Medoff, Journal of American Studies"The book is useful for the historian, students of law, and students of American Jewish history."—Chaim Seymour, Association of Jewish Libraries (AJL) Newsletter"Drawing on new evidence from archives and private family collections, this study details the depth of Ford's involvement in every aspect of this case and explains why Jewish civil rights lawyers and religious leaders were deeply divided over how to handle Ford."—Law & Social Inquiry"Victoria Saker Woeste's Henry Ford's War on Jews and the Legal Battle Against Hate Speech contributes significantly to our understanding of the dramatic libel lawsuit brought by Aaron Sapiro against the American automotive pioneer. Woeste's meticulously researched book thoughtfully examines the complex circumstances and personalities behind the case, the intricacies of the trial, and the implications of its resolution . . . Woeste's book offers a fascinating and rewarding account of Sapiro v. Ford, and what the case teaches us about hate speech, libel law, and the anti-Jewish crusade of an American icon."—Jessica Cooperman, American Studies"A major new book by American Bar Foundation scholar Victoria Saker Woeste, Henry Ford's War on Jews and the Legal Battle Against Hate Speech provides a startling new interpretation of a watershed episode in the life of Henry Ford. . . never-before discovered evidence. . . new insights."—LegalNews.com"Thoroughly researched and footnoted, the book analyzes Sapiro v Ford and its aftermath in the larger social context of combating hate speech. This ambitious scope is paried with lively writing to produce an impressive history for Michigan readers." — Gary Maveal, Michigan Bar Journal"Victoria Saker Woeste's Henry Ford's War on Jews and the Legal Battle Against Hate Speech provides great insight into Ford's relationship with Jews through the lens of a dramatic court case . . . Woeste does an excellent job of capturing the many and varied nuances of the reactions from American Jews as well as the public at-large and the Ford machine . . . This is a thoroughly researched and well-written investigation. Woeste mined the archives and uncovered evidence that prior biographers had not found. It is recommended for serious readers interested in Henry Ford and in the political and social developments of the American Jewish community."—Mike Smith, Michigan Historical Review"At the heart of this fine study are the efforts to silence Henry Ford's virulent anti-Semitism . . . Recommended."—J. Kleiman, CHOICE"It is not often that I read a book that is as important, well-researched, and well-written as Henry Ford's War. This volume, based upon primary sources that have for the most part never been examined before, brilliantly recreates the legal struggle against Ford's Dearborn Independent and underscores its larger significance. Anyone interested in Henry Ford, in antisemitism, or in legal battles against hate speech will want to read this book."—Jonathan D. Sarna, Brandeis University"Victoria Saker Woeste gives us great courtroom drama and captures an important historical moment. This will be the definitive work on Henry Ford and his confrontation by American Jews. Woeste not only presents and explains what was at stake on the basis of significant new evidence, she brings to her analysis the legal expertise to exploit a whole body of secondary literature that most historians are simply unable to evaluate."—Richard S. Levy, University of Illinois at Chicago
£98.60
Stanford University Press The Eureka Myth
Book SynopsisAre innovation and creativity helped or hindered by our intellectual property laws? In the two hundred plus years since the Constitution enshrined protections for those who create and innovate, we're still debating the merits of IP laws and whether or not they actually work as intended. Artists, scientists, businesses, and the lawyers who serve them, as well as the Americans who benefit from their creations all still wonder: what facilitates innovation and creativity in our digital age? And what role, if any, do our intellectual property laws play in the growth of innovation and creativity in the United States? Incentivizing the progress of science and the useful arts has been the goal of intellectual property law since our constitutional beginnings. The Eureka Myth cuts through the current debates and goes straight to the source: the artists and innovators themselves. Silbey makes sense of the intersections between intellectual property law and creative and innovative activity by centTrade Review"Ultimately, The Eureka Myth does truly 'chart new terrain for our understanding of . . . scientific and artistic innovation and the intellectual property that purports to sustain them' (pp.5–6). Silbey offers unique insights into the work and motivations of creators and innovators and makes an original and thoughtful contribution to the discourse on intellectual property rights. The Eureka Myth would be a good addition to an academic law library collection, and it is a worthwhile read for anyone interested in intellectual law and policy."—Morgan M. Stoddard, Law Library Journal"The purpose of intellectual property laws is to promote the 'progress of science and useful arts' by securing property rights for authors and creators . . . Silbey articulates a compelling challenge to the incentive argument . . . A compelling counter to common assumption about IP law, backed by interesting anecdotal evidence, that will interest IP law scholars and practitioners . . . Recommended."—C. Fruin, CHOICE"The Eureka Myth substantially advances our understanding of why and how artists, scientists, businesses, and the lawyers who serve them use intellectual property as part of broader strategies, and how both economic and moral claims about creativity and IP match—and mismatch—with the formal law."—Rebecca Tushnet, Georgetown University Law Center"The Eureka Myth enriches our empirical understanding of the roles that intellectual property laws play in the lives of individual creators in scientific, and more literary and artistic fields. This provocative book explains why creators sometimes under-enforce their rights, and contrary to the common assumptions of IP specialists, it shows that individual creators rarely think of intellectual property rights as an inducement to be creative."—Pamela Samuelson, Berkeley Law School"The relationship between intellectual property law and human creativity is too often assumed rather than interrogated. By listening to creators, Silbey uncovers new and different reasons why people create and how intellectual property matters. This wise and luminous book is required reading for anyone who claims to understand IP law."—Julie E. Cohen, Georgetown University"At last—a book that provides the only sound basis for sound policy. Silbey did the hard work of asking those who create why they create and what they need to keep creating. In place of phony political bromides like 'I stand with artists,' we can finally hear what artists themselves say. We should listen."—Bill Patry, Senior Copyright Counsel, GoogleTable of ContentsContents and AbstractsIntroduction: Introduction chapter abstractThe introduction introduces the book as a qualitative empirical interview study with artists, scientists, engineers and business people in creative and innovative industries. It situates the book as an investigation into the motives and mechanisms of creative and innovative work and in the context of the theoretical and quantitative literature on IP and its success at achieving the "progress of science and the useful arts," a Constitutional goal. Based on analysis of the accounts from the interviews, the introduction describes how there exists a diversity of reasons for and mechanisms by which creative and innovative work gets made and distributed, only a small part of which is intellectual property law. This challenges core principles of IP law, especially an assumption that exclusivity through property rights is essential to stimulating art, science and technological progress. 1Inspired Beginnings chapter abstractChapter 1 traces the features of a specific story form, "the origin story" throughout the interviews. An "origin story" begins with an inspired moment that sets the person or organization on its path. Origin stories serves particular purposes. They explain how a culture or society began (e.g., Genesis). They infuse an aspect of everyday life with special significance by explaining why things are as they are (e.g., "you were born that way"). They guide how things should evolve in the future (e.g., "the agreement memorializes our future intentions"). Each interviewee explains a milestone in their professional life in terms of an origin story, referring to a past that has unique significance for making sense of the present. Chapter 1 canvasses these origin stories to explain how most describe the embarkation of their work in art or science mostly due to intrinsic or serendipitous forces, unrelated to IP. 2Daily Craft: Work Makes Work chapter abstractChapter 2 explores the varied ways the interviewees describe their daily work. Similarities in accounts coalesce around the dimensions of time, space and labor. Most articulate a common respect for constant and committed daily work, focusing on the importance of physical spaces (studio, lab, desk) and time spent. Distinct metaphors and word patterns illuminate the expressive focus on time, space and labor, highlighting a misfit between IP protection and the interviewees' aspirations or expectations for reward. Interviewees describe work with natural metaphors (e.g., harvesting or fishing), implying that the physical labor dignifies the output. This contrasts with IP, which does not reward labor or time. Interviewees translate their intellectual work into tangible output, comparing their work to real or personal property. Ironically, describing the value of their work in material terms strengthens the possessive impulse manifesting as property claims that are more robust than IP law provides. 3Making Do With A Mismatch chapter abstractChapter 3 describes the transitions from beginnings and everyday work to the business of developing a career in IP-rich fields. Interviewees provide diverse accounts of "making do" in creative and innovative industries. Although some interviewees describe direct reliance on specific forms of IP, many business models rely only indirectly on IP rights. Indeed, most interviewees embrace a system of IP that is "leaky" or misaligned insofar as IP is not the optimal avenue for achieving professional goals. Interviewees rarely describe the need to exercise the full range of exclusivity to which IP law entitles them. Although IP rights are both under-enforced and over-enforced at times, the most common strategy interviewees describe is to relax IP rights in order to achieve three common goals: a sustainable business, productive and satisfying relationships, and a measure of autonomy in life and work. 4Reputation chapter abstractChapter 4 describes how interviewees value reputation and attribution. When asked to describe some of the most contentious infractions during their career, interviewees describe reputational free riding, not economic free riding. And where the two intersect (which is often, especially in the trademark context), language of dignity and desert rather than economic harm dominates. Moreover, interviewees assert a desire for reputational control from IP law where it rarely exists. This Chapter analyzes the common accounts and metaphors that predominate in stories of reputational injury – stories of family, bodily integrity and life or death. Understandably, emotions run high in this context and the language seeking to justify the entitlement to reputational control often resemble stronger rights and obligations than IP (or neighboring regimes) provide. Over-protection in these situations can lead to misuse of IP laws or an increasing frustration from artists and scientists that IP law is irrelevant to them. 5Instruction: How Lawyers Harvest IP chapter abstractChapter Five describes how IP intervenes as an external force shaping and directing art and science. IP law affecting the work's on-going vitality is largely absent until a lawyer or business partner intervenes. IP arrives later for creative and innovative work trajectory and comes with a coach. Interviewees describe lawyers as disruptive and distracting, whereas the lawyer describes herself as bringing tools to facilitate work or business. When the lawyer is welcome, it is when she has translated IP into client interests resonating with everyday work or goals. The lawyer's varied characterizations of IP in terms the client accepts correlates to jurisprudential categories of legality (e.g., natural law, distributive justice). This invites the conclusion that IP's form and purpose, shaped by legal advice and client concerns, is not predetermined by legal rules or economic principles, but is constitutive of creativity and innovation and influenced by preexisting interests and motivations. 6Distribution: How IP Circulates chapter abstractDissemination is the ultimate goal of IP and a dominant reason interviewees pursue their work. Interviewees describe managing formal and informal agreements outlining the nature and scope of distribution. These agreements vary, from free and promiscuous sharing to circumscribed and discriminating price schemes. The propertization of the work (protecting it through exclusivity) is sometimes a precondition to fulfilling distribution goals, which include: earning a living, building relationships, sustaining professional autonomy and challenging core competencies. But interviewees describe how relaxed distribution networks satisfy most personal and professional goals. Indeed, strictly controlling dissemination – what IP law provides – is only one distributional method and not the most common. This chapter analyzes the interviews for accounts of the many forms dissemination takes and the reasons for engaging in it, unpacking the relationships between exclusive rights to distribution on the one hand and dissemination as a form of professional and personal success on the other. Conclusion: Conclusion chapter abstractThe book closes with a summary of how U.S. intellectual property regimes are misaligned with the needs of and hopes for those engaging in creative and inventive work. It further suggests reasons for and ways that the IP system should remain misaligned: to promote choice and flexibility for creators and innovators (whether or not they own or claim IP rights). But the conclusion also suggests places in our IP system where some relaxation of our IP system might usefully occur in order to facilitate core concerns of IP-rich fields and their audience as accounted for in the interview data.
£89.10
Stanford University Press Henry Fords War on Jews and the Legal Battle
Book SynopsisThe complex story behind Henry Ford's stunning 1927 apology to the Jews-a statement that was supposed to put an end to his career as a purveyor of hate speech but which ironically kept his name on one of the most widely circulated antisemitic tracts in history.Trade Review"Woeste [delivers an] in-depth [analysis] rich with ethnographic and historical detail . . . [O]ne discovers a [theme], that fostering meaningful equality in diverse communities can only be done where law is not willfully color-blind . . . [Woeste provides] the sort of nuanced and substantive discussions of diversity that [is] sorely needed in public discourse today."—Tanya Katerí Hernández, Journal of Legal Education"Victoria Woeste has written a brilliantly detailed account of the responses to Ford's 'War on Jews,' focusing on two leading American Jewish lawyers: Louis Marshall and Aaron Sapiro . . . One of the signal virtues of this fine book, then, is that it provides readers with ample, rich, and fascinating evidence on which to form their own views about its provocative arguments and conclusions."—William E. Forbath, Law and History Review"[Henry Ford's War on Jews and the Legal Battle Against Hate Speech] is an exciting, elegantly written, and meticulously researched book."—Klaus P. Fischer, American Historical Review"Thoroughly researched and ably written, Henry Ford's War on Jews traces [Aaron] Sapiro's valiant attempt to defend not only his good name but that of the Jewish people."—Rafael Medoff, Journal of American Studies"The book is useful for the historian, students of law, and students of American Jewish history."—Chaim Seymour, Association of Jewish Libraries (AJL) Newsletter"Drawing on new evidence from archives and private family collections, this study details the depth of Ford's involvement in every aspect of this case and explains why Jewish civil rights lawyers and religious leaders were deeply divided over how to handle Ford."—Law & Social Inquiry"Victoria Saker Woeste's Henry Ford's War on Jews and the Legal Battle Against Hate Speech contributes significantly to our understanding of the dramatic libel lawsuit brought by Aaron Sapiro against the American automotive pioneer. Woeste's meticulously researched book thoughtfully examines the complex circumstances and personalities behind the case, the intricacies of the trial, and the implications of its resolution . . . Woeste's book offers a fascinating and rewarding account of Sapiro v. Ford, and what the case teaches us about hate speech, libel law, and the anti-Jewish crusade of an American icon."—Jessica Cooperman, American Studies"A major new book by American Bar Foundation scholar Victoria Saker Woeste, Henry Ford's War on Jews and the Legal Battle Against Hate Speech provides a startling new interpretation of a watershed episode in the life of Henry Ford. . . never-before discovered evidence. . . new insights."—LegalNews.com"Thoroughly researched and footnoted, the book analyzes Sapiro v Ford and its aftermath in the larger social context of combating hate speech. This ambitious scope is paried with lively writing to produce an impressive history for Michigan readers." — Gary Maveal, Michigan Bar Journal"Victoria Saker Woeste's Henry Ford's War on Jews and the Legal Battle Against Hate Speech provides great insight into Ford's relationship with Jews through the lens of a dramatic court case . . . Woeste does an excellent job of capturing the many and varied nuances of the reactions from American Jews as well as the public at-large and the Ford machine . . . This is a thoroughly researched and well-written investigation. Woeste mined the archives and uncovered evidence that prior biographers had not found. It is recommended for serious readers interested in Henry Ford and in the political and social developments of the American Jewish community."—Mike Smith, Michigan Historical Review"At the heart of this fine study are the efforts to silence Henry Ford's virulent anti-Semitism . . . Recommended."—J. Kleiman, CHOICE"It is not often that I read a book that is as important, well-researched, and well-written as Henry Ford's War. This volume, based upon primary sources that have for the most part never been examined before, brilliantly recreates the legal struggle against Ford's Dearborn Independent and underscores its larger significance. Anyone interested in Henry Ford, in antisemitism, or in legal battles against hate speech will want to read this book."—Jonathan D. Sarna, Brandeis University"Victoria Saker Woeste gives us great courtroom drama and captures an important historical moment. This will be the definitive work on Henry Ford and his confrontation by American Jews. Woeste not only presents and explains what was at stake on the basis of significant new evidence, she brings to her analysis the legal expertise to exploit a whole body of secondary literature that most historians are simply unable to evaluate."—Richard S. Levy, University of Illinois at Chicago
£25.19
Stanford University Press Laws of Image
Book SynopsisTrade Review"When at its best Barbas's writing and organization represents the best in legal history: clear and straightforward prose with rich detail and legal precision that shows where legal concepts came from, how they evolved, and the role they played in people's lives." -- Patrick C. File * Journalism and Mass Communication Quarterly *"Dr. Samantha Barbas's book, Laws of Image: Privacy and Publicity in America, makes an original, important, and engaging contribution to the history of the privacy law in the United StatesGiven that Laws of Image spans more than 100 years of legal and cultural developments, it is remarkable how readable this book is: It is well-written, and the flow and pacing are excellent." -- Lyrissa B. Lidsky * JOTWELL *"Beautifully written and powerfully argued, Laws of Image shows us how the law develops through culture, leaving us with a rich sense of the struggle that remains as digital culture renders the image as common as the bit. This is not a story with a known ending—Samantha Barbas charts the very origin of an increasingly important legal protection, and the ongoing battle to counter a technology that knows no limits." -- Lawrence Lessig * Harvard Law School *"In Laws of Image Samantha Barbas provides an accessible, highly readable cultural and legal history of privacy and the balance struck among competing interests over more than a century of litigation and legislation. Readers with little knowledge of the legal history of privacy will learn of the changing legal protections for the use of an individual's image and the cultural influences that shaped the law. More knowledgeable readers will gain new insights about the law and a richer understanding of the cultural context that shapes privacy law." -- Tim Gleason * Journal of American History *"In a series of compelling stories of court cases and their social contexts, Samantha Barbas illuminates how evolving ideas about self-image and privacy transformed tort law and the freedom of speech. Laws of Image is an artful combination of cultural and legal history." -- Stuart Banner * UCLA Law School *"Barbas's book offers a lucid, wide-ranging, and accessible cultural and legal history of a time when privacy mattered, when the law helped ordinary individuals control their images, and when courts considered ratifying a right to be protected from uses others might make of an image. Laws of Image provides readers with an extraordinary voyage to a past that seems almost impossibly quaint and distant." -- Hendrik Hartog * Princeton University *Table of ContentsContents and Abstracts1Image and Reputation chapter abstractThe late 19th century saw the rise of the sensationalistic popular press in the United States, and with it, the expansion of libel law and litigation. In increasing number, both famous and ordinary people were bringing suit against the press over false, defamatory, unflattering depictions. Once seen as something to be negotiated through social interactions, in the rough and tumble of everyday life, reputations and public images were becoming legal entities, to be controlled and maintained through the use of law and legal institutions. 2The Right to Privacy chapter abstract"The Right to Privacy" by Samuel Warren and Louis Brandeis, published in the Harvard Law Review in 1890 and dubbed the "most famous law review article of all time," established the practical and theoretical foundations of the tort action for invasion of privacy. The privacy action permitted people to sue over the mental anguish that ensued when they were depicted before the public in an embarrassing or unfavorable manner, even though the material was not necessarily false or defamatory. Like the surge in libel litigation, the development of the right to privacy was a response to the rise of the popular press. It also reflected a new sensitivity to public image that emerged from the demands of social life in a urban, commercial, mass-mediated society, where appearances, first impressions, and superficial images were becoming important foundations of social evaluation and judgment. 3The Crisis of the Circulating Portrait chapter abstractDespite its invention as a remedy for the victims of sensationalistic journalism, the tort of invasion of privacy was rarely used in that context in its early years. The right to privacy took off in a different kind of violation of the right to one's image. At the turn of the 20th century, the right to privacy was mobilized in cases where people were upset about having their visual likenesses presented to the public in a displeasing manner. In particular, individuals whose photographs had been used in advertisements without consent brought suits for invasion of privacy. At a time when advertising was seen as disreputable, these acts of image appropriation were regarded as truly offensive. The right to privacy was the right to recover for the anguish caused by this particular form of identity theft — having one's picture used, without authorization, in an embarrassing and undignified commercial context. 4Insult and Image chapter abstractThe emerging mass media were not the only threats to personal image in turn of the century urban America. Commercial institutions such as railroads, department stores, and theatres were also posing threats to people's reputations, public images, and social identities. In an era before courtesy was standard in service occupations, patrons suffered acts of shaming and public humiliation by train conductors, theater ushers, and other commercial personnel. By the early twentieth century, courts had devised a tort action that would permit people to recover damages for emotional distress caused by these sorts of insults. This law of 'institutional insult,' the forerunner of the modern tort of intentional infliction of emotional distress, was an important component of the developing laws of image. Like the right to privacy, it was a right to legal redress for injuries to one's public image and one's feelings about one's image. 5The Image Society chapter abstractIn the first decades of the twentieth century, the United States became an image society. In an emerging culture of celebrity and consumption, a nation where the mass media, especially visual media, were exerting a powerful hold over the popular consciousness, Americans were envisioning themselves and their social identities as images, entangled with, if not congruent with, the impressions they made in the eyes of others. The self inhered in the image: who one was was how one appeared before others, and that appearance was fluid and malleable. The self lived on the surface and was continuously regenerated through managed acts of self-performance and self-display. The actor became the modal self, and the act of managing and perfecting one's image was freighted with tremendous emotional and psychological weight. 6The Laws of Image chapter abstractAs the image-conscious sensibility gained purchase on the popular imagination, and the mass media proliferated, existing areas of law were expanded and new laws created to protect people's interests in their public images. In the 1930s and 40s, a majority of states recognized the tort right to privacy, described as a right to avoid undesirable and "unwarranted publicity." Libel claims increased, and courts were extending libel law to address a broad range of harms to people's emotions, reputations, and public personas. A new tort action remedied serious, intentionally inflicted injuries to people's feelings, including their feelings about their images. In a number of different contexts, courts were recognizing a right to manage and control aspects of one's public image, and the personal image lawsuit became a fixture of American legal culture. 7The Freedom to Image chapter abstractBefore World War I, William James Sidis was a famous child prodigy. As an adult, Sidis neglected his talents and retreated from public life. At 39, he was an adding-machine operator living alone in a shabby rooming house. The New Yorker wrote up his story in the magazine in 1937. Humiliated, Sidis sued for invasion of privacy. This chapter tells the story of the 1940 case Sidis v. F.R. Publishing, a milestone in the history of personal image law. Sidis was the first decision from a high federal court to imply that the right to privacy could be limited in the interest of freedom of speech. Sidis suggested that the right of the individual to control and express his own public image impinged on a more important right: the right of publishers to make and circulate images of people, and the right of the public to consume those images. 8An Age of Images chapter abstractBy the 1950s, the laws of image were firmly established in American law and legal culture. Both the famous and the unknown were asserting a sense of entitlement to their images and mobilizing the law to defend themselves against unwanted publicity and perceived distortions of their public personae. Although courts in the post World War II era imposed further limitations on the image torts in the name of freedom of speech, the proliferation of the media, new communication technologies, and a cultural focus on personal images and "image management" nonetheless led to the significant growth of image law and personal image litigation. At the same time the laws of image were being narrowed, they expanded to accommodate people's increasing protectiveness of their public images in an image-saturated society, what was being described as an "age of images." 9Privacy and the Image in Postwar America chapter abstractThe privacy tort came into its own in the 1950s and 60s. The number of reported privacy cases more than doubled that of any previous decade, and the tort was recognized in a majority of states. After years of avoiding the question, in 1967 the Supreme Court finally addressed the question of whether, as a matter of formal constitutional law, the privacy tort could coexist with modern interpretations of freedom of speech. The uneasy, tentative truce between privacy and free speech that the Court achieved in Time, Inc. v. Hill (1967) was emblematic of the culture of the time, which struggled to reconcile competing commitments to personal freedom — the freedom to determine one's own public persona and the freedom to make images of people and public affairs. Privacy and the Image in Postwar America chapter abstractBy the 1970s, the basic doctrines of the tort laws of image had been established, as had the "image-conscious sensibility." As this book has illustrated, the twentieth century witnessed the rise of a cultural attitude or outlook in which the self is conceptualized in terms of images. The law both responded to and contributed to this focus on images and the rise of the image-conscious self. A body of tort law — "image law" — was created to protect the individual's public image, his ability to control his image, and his feelings about his image. Free speech limitations notwithstanding, American culture embraced the idea of a legal right to be vindicated and compensated for image-based harms, part of a broader, fundamental right to possess and control the self.
£22.79
Stanford University Press Letters to the Contrary
Book SynopsisThis remarkable collection of letters reveals the debate over universal human rights. Prominent mid-twentieth-century intellectuals and leadersincluding Gandhi, T.S. Eliot, W.H. Auden, Aldous Huxley, Jawaharlal Nehru, and Arnold Schoenbergengaged with the question of universal human rights. Letters to the Contrary presents the foundation of the intellectual struggles and ideological doubts still present in today''s human rights debates. Since its adoption in 1948, historians and human rights scholars have claimed that the Universal Declaration of Human Rights was influenced by UNESCO''s 194748 global survey of intellectuals, theologians, and cultural and political leaders, that supposedly demonstrated a truly universal consensus on human rights. Based on meticulous archival research, Letters to the Contrary provides a curated history of the UNESCO human rights survey and demonstrates its relevance to contemporary debates over the origins, legitimacy, and universTrade Review"In this clever and timely book, Mark Goodale complicates the presumed universality of human rights, providing an alternative history of the UNESCO process. Besides representing a fabulous archival 'find,' Letters to the Contrary provides vital historical and anthropological analysis to illuminate these texts. This stellar book is novel in its focus on a largely overlooked episode in the history of UNESCO and rights and classic in the sense that rights and internationalism continue to be central to so many disciplines today. Unearthed letters from the likes of Eliot, Auden, Schoenberg, Carr, and Huxley form a veritable who's who of twentieth-century political thought. Lively, eminently readable, and utterly stimulating."—Lynn Meskell, Stanford University"Goodale's superb reconstruction of the history surrounding the UNESCO-sponsored survey of human rights demonstrates perfectly the political and contingent nature of the origins of the international human rights enterprise. It reveals both the centrality of philosophy to that enterprise, and the virtual impossibility of seeking a conception of human rights that is universal in philosophical analysis rather than political compromise."—Philip Alston, New York University"Human rights might survive our age of rupture if we cease to delude ourselves with myth-making about their historical origins. In this outstanding book, Mark Goodale shows unequivocally that the creation moment of 'the age of rights' was in no sense universal at all. Letters to the Contrary makes it impossible to defend the triumphalist vision of the postwar human rights story with the blithe assertion that everybody agreed human rights were now the only game in town."—Stephen Hopgood, SOAS, University of London"All international human rights lawyers concerned with the universality of human rights should read this book. Mark Goodale reveals how human rights comparison and distinction, not identification of a common denominator, were at the core of the UNESCO human rights survey and the resulting examination of the grounds of an international declaration of human rights. Rediscovering a differentiated and culturally sensitive philosophical discussion of human rights is not only humbling, it allows us to hope for reinvigorated universal debate."—Samantha Besson, University of FribourgTable of ContentsHistory: UNESCO in the Paradigmatic Transition Interpretations: From a "Hollow Sham" to a "Plurality of Cultural Values" Memorandum and Questionnaire Circulated by UNESCO on the Theoretical Bases of the Rights of Man The Grounds of an International Declaration of Human Rights Foreword and Introduction to Human Rights, Comments and Interpretations, UNESCO 1949 Liberalism from the Ashes Beyond Egotistic Man: Communist, Socialist, and Social Democratic Challenges Rights in a Sacred Universe The Universal Declaration of Human Duties The Technological Society of the Future Universal Human Rights in a Colonial World Human Rights as History and Practice Specific Freedoms From Repudiation to the Play of Fancy
£91.80
John Wiley & Sons Seeking Justice for the Holocaust Herbert C.
Book SynopsisWith its broad new examination of the background and context of the Nuremberg trials, and its expanded view of the roles played by Roosevelt and his unlikely deputy Pell, Seeking Justice for the Holocaust offers a deeper and more nuanced understanding of how the Allies came to hold Nazis accountable for their crimes against humanity.
£20.66
Louisiana State University Press Fair Labor Lawyer The Remarkable Life of New Deal
Book SynopsisSupreme Court advocate Bessie Margolin (1909-1996) molded modern American labor policy while creating a space for female lawyers in the nation's high courts. In this comprehensive biography, Marlene Trestman reveals the forces that shaped Margolin's remarkable journey.
£20.85
MP-NCA Uni of North Carolina The Peoples Welfare Law and Regulation in
Book SynopsisThis study refutes the vision of the USA's stateless past by documenting America's long history of government regulation in the areas of public safety and health, political economy and property, and morality. Challenging the myth of individualism, the author explores the commitment to public duty.
£33.96
MP-NCA Uni of North Carolina Law Land and Family Aristocratic Inheritance in
Book SynopsisAn interpretation of the history of inheritance among the English gentry and aristocracy. The text argues that one of the principal and determinative features of upper-class inheritance was the virtual exclusion of females from land holding.
£32.36
MP-SIL Southern Illinois Uni Celebrating the First Fifty Years of Southern
Book SynopsisFeaturing more than one hundred photographs, complete indexed lists of full-time faculty members and deans, and identification of numerous ‘firsts’ in the law school’s history, this detailed commemoration is a testament to the faculty, staff, students, and alumni who have paved the way for future generations.Table of Contents Foreword: A Message from the Dean Preface Acknowledgments Part One: Timeline of Southern Illinois University School of Law, 1972-2023 1. 1972-1979 2. 1980-1989 3. 1990-1999 4. 2000-2009 5. 2010-2019 6. 2020 and Beyond Part Two: Images of Southern Illinois University School of Law, 1972-2023 Faculty and Staff Law School Life and Activities Appendix A: Deans, 1972-2022 Appendix B: Full-Time Faculty Members, 1973-2022 Index
£24.71
University of Pennsylvania Press Dark Speech
Book SynopsisWhat does it mean to talk about law as theater, to speak about the performance of transactions as mundane as the sale of a pig or as agonizing as receiving compensation for a dead kinsman? In Dark Speech, Robin Chapman Stacey explores such questions by examining the interaction between performance and law in Ireland between the seventh and ninth centuries.Exposing the inner workings of the Irish legal system, Stacey examines the manner in which publicly enacted words and silences were used to construct legal and political relationships in a society where traditional hierarchies were very much in flux.Law in early Ireland was a verbal art, grounded as much in aesthetics as in the enforcement of communal norms. In contrast with modern law, no sharp distinction existed between art and politics. Visualizing legal events through the lens of procedure, Stacey helps readers recognize the creative, fluid, and inherently risky nature of these same events.While many hTrade Review"An extremely important, learned, and very thoughtful book that addresses a central issue . . . being hotly debated across the social scientific spectrum, among historians, anthropologists, sociologists, and others: the significance of language and performance in understanding traditional societies generally." * Patrick Geary, University of California, Los Angeles *"The best history book I have read in a very long time. It is full of important ideas based on impressive research expressed in prose that is not dark but clear and amiable." * Law and History Review *Table of ContentsIntroduction Chapter One: The Play's the Thing Chapter Two: Jurists on Stage Chapter Threee: The Power of the Word Chapter Four: Voicing Over Chapter Five: Voices Within the Law Conclusion: The Dangers of Performance List of Abbreviations Notes Bibliography Index Acknowledgments
£52.70
MP-FLO Uni Press of Florida Fifty Years of Justice A History of the U.S.
Book Synopsis
£15.26
University Press of Florida From Death Row to Freedom The Struggle for
Book SynopsisOffers an insider’s account of the case of Freddie Lee Pitts and Wilbert Lee, two Black men who were wrongfully charged and convicted of the murder of two white gas station attendants in Port St. Joe, Florida, in 1963, and sentenced to death.
£26.06
The Catholic University of America Press The Hibernensis Volume 1 A Study and Edition
Book SynopsisThe Hibernensis is the longest and most comprehensive canon-law text to have circulated in Carolingian Europe. This edition offers a complete text of The Hibernensis combining the two main branches of its manuscript transmission. This is accompanied by an English translation and commentary.
£63.75
MP-VIR Uni of Virginia Public Vows Fictions of Marriage in the English
Book SynopsisIn eighteenth-century England, the institution of marriage became the subject of heated debates, as clerics, jurists, legislators, philosophers, and social observers began rethinking its contractual foundation. Public Vows argues that these debates shaped English fiction in crucial and previously unrecognised ways.
£37.00
MP-VIR Uni of Virginia When Dissents Matter
Book SynopsisAnalysing the influence of past dissents on later Supreme Court majority opinions, this book presents the first comprehensive study of the effects of dissenting opinions and illuminates which types of dissents successfully influence legal and policy debates, which ones fail to make a difference, and why.Table of Contents List of Figures List of Tables Acknowledgments 1. Introduction 2. Dissenting Behavior on the United States Supreme Court 3. Endeavoring to Accommodate: Dissent Coalition Behavior 4. Intra-Court Dialogue: Contemporaneous Effect of Dissents on Majority Opinions 5. Judicial Conversations Through Time: The Influence of Dissents on Future U.S. Supreme Court Majority Opinions 6. Conclusion Notes References
£70.55
MP-VIR Uni of Virginia When Dissents Matter Judicial Dialogue through
Book SynopsisAnalysing the influence of past dissents on later Supreme Court majority opinions, this book presents the first comprehensive study of the effects of dissenting opinions and illuminates which types of dissents successfully influence legal and policy debates, which ones fail to make a difference, and why.Table of Contents List of Figures List of Tables Acknowledgments 1. Introduction 2. Dissenting Behavior on the United States Supreme Court 3. Endeavoring to Accommodate: Dissent Coalition Behavior 4. Intra-Court Dialogue: Contemporaneous Effect of Dissents on Majority Opinions 5. Judicial Conversations Through Time: The Influence of Dissents on Future U.S. Supreme Court Majority Opinions 6. Conclusion Notes References
£22.95
Wayne State University Press Detroits Wayne State University Law School
a huge range and FREE tracked UK delivery on ALL orders.
£31.96
New York University Press Making Race in the Courtroom The Legal
Book SynopsisNo American city's history better illustrates both the possibilities for alternative racial models and the role of the law in shaping racial identity than New Orleans, Louisiana, which prior to the Civil War was home to America's most privileged community of people of African descent. This book deals with this topic.Trade Review"Between 1791 and 1812, as New Orleans was transformed by the consequences of the Haitian Revolution and the Louisiana Purchase, the city's free people of color fought to establish and defend their freedoms and to protect their property rights. Despite facing a legal, political, and social system that was increasingly hostile to their interests, this book demonstrates how they successfully utilized the court system to carve out a space for themselves within New Orleans' racial hierarchy. Most importantly, Aslakson's exhaustive examination of the records of the New Orleans City Court reveals the ways in which free people of color participated in the continuous project that was race making in the early republic." -- Jennifer M. Spear,Simon Fraser University"Historians are fond of spotlighting the role of 'human agency' in making history. Kenneth Aslakson is one of those rare scholars who actually map out its modus operandiin this case, in the courtrooms of New Orleans, where free people of color used jurisprudence to defend their rights and, unwittingly, erect a tripartite racial order that was Caribbean before it was American. Aslaksons research is superb, his writing unfailingly clear, his arguments smart and crisp. Making Race in the Courtroom joins a lengthening bookshelf that is changing how we think about race in America." -- Lawrence N. Powell,Tulane University"Kenneth R. Aslaksons insightfulMaking Race in the Courtroomcontributes to our understanding of how civil law and French and Spanish cultural influences helped shape a different set of racial dynamics in one section of American South." * Journal of American History *"Making Race in the Courtroomis well written and tightly argued, and it contains much for historians of southern race law." * Journal of Southern History *"Aslaksons book deserves praise for his strong organizational structure, clear writing style, and useful descriptions of thevarious elements of Louisianas cosmopolitan social and legal arenas." * William and Mary Quarterly *Table of ContentsContents Acknowledgments ix Introduction 1 1. The Gulf and Its City 17 2. A Legal System in Flux 44 3. "We Shall Serve with Fidelity and Zeal" 67 4. Outside the Bonds of Matrimony 98 5. Owning So as Not to Be Owned 127 6. "When the Question Is Slavery or Freedom" 153 Epilogue: From Adele to Plessy 185 Notes 191 Index 241 About the Author 249
£37.05
New York University Press Law Gender and Injustice
Book SynopsisA groundbreaking analysis of how gendered oppression is written into the American legal systemLaw, Gender, and Injustice: A Legal History of U.S. Woman is a landmark study of how women remain second-class citizens under the current legal system. In this widely acclaimed book, Joan Hoff questions whether the continued pursuit of equality based on a one-size-fits-all vision of traditional individual rights is really what will most improve conditions for women in America. Concluding that equality based on liberal male ideology is no longer an adequate framework for improving women''s legal status, Hoff''s highly original and incisive volume calls for a demystification of legal doctrine and a reinterpretation of legal texts (including the Constitution) to create a feminist jurisprudence.Trade Review"A fascinating social history of women's rights, centered on a lengthy and discouraging series of constitutional confrontations .... a remarkably complete accounting of a historical trail that shape us all .... Law, Gender, and Injustice is an elegant example of the very best in feminist theorizing." -- Patricia J. Williams * Women's Review of Books *"Joan Hoff's legal history of U.S. women is a provocative, comprehensive, and realistic reinterpretation of women's legal status during the entire period of U.S. history. The book is sure to stimulate controversial reassessments of women's experience with the legal system." -- Mary Frances Berry,Geraldine R. Segal Professor of History, University of Pennsylvania"Requisite for establishing women's legal history as a field. . . . Hoff's work is pivotal for both its conceptualization of the issues and its periodization of the field. . . . In contending with law as it was as well as with law as it is and ought to be, Hoff not only synthesizes recent scholarship, but she also charts new territory especially with regard to a chronological framework." -- Norma Basch * The Journal of Women's History *"A brilliant, original, and thought-provoking book must reading for anyone interested in the full emancipation of women." * Ms. Magazine *
£22.79
New York University Press The Guant225namo Lawyers Inside a Prison Outside
Book SynopsisContains over 100 personal narratives from attorneys who have represented detainees held at 'Gitmo' as well as at other 'black sites' such as Bagram Air Base in Afghanistan.Trade ReviewPerhaps the appeal to enlightened national interest was the best strategic means of accelerating the end of Guantánamo; but it necessarily de-emphasized in the public discourse the great cost imposed on the detainees. The many stories told in The Guantánamo Lawyers, which make Guantánamos human cost much more tangible, go some way towards redressing this. * Concurring Opinions *A critically important and inspired project. . . . Guantánamo from the point of view of the habeas lawyersthose courageous men and women who have stood up for the rule of law, the constitution and human rights as they represented the detainees beginning in December, 2001. -- Peter Jan Honigsburg,author of Our Nation, Unhinged: The Human Consequences of the War on TerrorFinally, the silence surrounding Guantánamo has been broken. Person by person, through the eyes of their civilian and military defense attorneys, the Guantánamo detainees have found a voice. This collection of stories underscores the valiant efforts of these lawyers and the intentional cruelty of the Bush administrations legal obstructiveness which withheld due process and imposed intolerable conditions upon hundreds of detainees. Readable, heartbreaking and expansive in its intimate detail, Hafetz and Denbeauxs volume is an invaluable contribution to the history of Guantánamo. -- Karen Greenberg,author of The Least Worst Place: Guantánamos First 100 DaysOne of the most inspiring features of the post-9/11 world has been the willingness of lawyers from all walks of life to volunteer to represent those condemned to indefinite detention at Guantánamo. This book provides an invaluable birds-eye view of what its like to fight for justice in a law-free zone, representing men who the government has labeled the worst of the worst. -- David Cole,author of Justice at War: The Men and Ideas that Shaped Americas War on TerrorThe narratives are excellent and very powerful, and provide an insightful view into what it is like to be a prisoner at Guantánamo and the challenges and emotional experiences in representing those prisoners. -- Jules Lobel,co-author of Less Safe, Less Free: Why America is Losing the War on TerrorThis is a fascinating and revealing behind-the-scenes account of the human stories inside Guantánamo, told candidly by some of Americas best, and most public-spirited, lawyers. -- Jane Mayer,author of The Dark Side: The Inside Story of How The War on Terror Turned into a War on American Ideals“The most compelling reason to read is that the legal questions created by Guantanamo have not yet been fully resolved. President Obama’s promise to close the prison has so far gone unfulfilled, and John Paul Stevens, who will perhaps be remembered more for his writings on Guantanamo than any other subject, will leave the Court at the end of this term. No matter how the Guantanamo question is resolved, historians will no doubt benefit from Denbeaux and Hafetz’s excellent book. -- Tyler D. Helmond, in The Champion (NACDL)The desperate words, quoted here, of Gitmo detainees on torture grab the heart and do not let go. This compelling book on the American penal colony and its residents is a cautionary tale of overzealous executive wartime power and the awful mess it sometimes leaves behind. * Publishers Weekly *This collection of stirring narrative, government data and testimony, edited by two of the lawyers for those detained by the Bush administration as unlawful combatants at Guantánamo, puts America on notive about the issues of civil liberties and constitutional freedoms * Publishers Weekly *A new and remarkable book... made up of the written accounts by more than a hundred of the lawyers who provide detailed accounts of their meetings with their clients inside the prison... an informative and telling chronicle of what Guantanamo is really like... * The New York Times *[M]akes for gripping if somber reading. . .They have produced a book that will make other lawyers vicariously proud. * TimesOnline *The Guantánamo Lawyers is a powerful and important book. These first-hand accounts strip way much of the veneer that has encased tepid and lifeless news stories of what has happened at Guantanamo and elsewhere. This behind-the-scenes look at these brave lawyers and abused detainees is fascinating and revealing. * TruthOut *A valuable contribution to the record of an unfinished story bound to reverberate for years to come. * Kirkus Reviews *In this admirable compliation, Mark P. Denbeaux, a professor at Seaton hall University School of Law and Jonathan Hafetz, a staff attorney at the ACLU’s National Security Project, have explored one of this generation’s great moral questions by assembling first-person reports from over 100 attourneys who represent prisoners held at Guantanamo Bay.” * New York Law Journal *This volume is as chilling an indictment of the executive's disdain for the rule of law as could be imagined…. The details of what passes for law in Guantánamo will shock readers familiar with any concept of due process…. The skill, courage and resourcefulness of the unofficial Guantánamo Bay Bar Association give us genuine cause for pride in lawyers. * New York Law Journal *Provides an invaluable perspectiveor more accurately, perspectives, since more than one hundred lawyers contributed to the volume. These men and women, all working for nothing, have gained intimate access to those whom the United States sought to keep hidden behind strictly closed doors.The stories these lawyers have been able to tell, adroitly edited by Mark Denbeaux and Jonathan Hafetz, offer a multifaceted portrait of life on the base. * New York Review of Books *Table of ContentsIntroduction Mark P. Denbeaux and Jonathan Hafetz Prelude 1 Representing the "Worst of the Worst" How and Why the Lawyers Started Representing Detainees 2 Getting behind the Wire Rasul/Al Odah: The Right to Representation 3 Uncovering Guantanamo's Human Face First Impressions Rendered: How the Detainees Got to Guantanamo Female Attorneys Family Members Interpreters 4 Red Tape and Kangaroo Courts Barriers to Representation The No-Hearing Hearings: Combatant Status Review Tribunals Military Commissions Political Maneuvering Boumediene v. Bush: The Death Knell for Prisons beyond the Law 5 Tortured A Product of Torture Culture Reactions Hunger Strikes Suicides 6 Alternative Forms of Advocacy 7 Leaving Guantanamo Stuck in Limbo Out but Not Free Happy Endings? 8 Guantanamo beyond Cuba: A Global Detention System outside the Law Guantanamo Comes to America Black Sites Coda Timeline: Guantanamo and the "War on Terror" Contributors
£62.90
New York University Press The Guant225namo Lawyers Inside a Prison Outside
Book SynopsisContains over 100 personal narratives from attorneys who have represented detainees held at "Gitmo" as well as at other "black sites" such as Bagram Air Base in AfghanistanTrade ReviewPerhaps the appeal to enlightened national interest was the best strategic means of accelerating the end of Guantánamo; but it necessarily de-emphasized in the public discourse the great cost imposed on the detainees. The many stories told in The Guantánamo Lawyers, which make Guantánamos human cost much more tangible, go some way towards redressing this. * Concurring Opinions *A critically important and inspired project. . . . Guantánamo from the point of view of the habeas lawyersthose courageous men and women who have stood up for the rule of law, the constitution and human rights as they represented the detainees beginning in December, 2001. -- Peter Jan Honigsburg,author of Our Nation, Unhinged: The Human Consequences of the War on TerrorFinally, the silence surrounding Guantánamo has been broken. Person by person, through the eyes of their civilian and military defense attorneys, the Guantánamo detainees have found a voice. This collection of stories underscores the valiant efforts of these lawyers and the intentional cruelty of the Bush administrations legal obstructiveness which withheld due process and imposed intolerable conditions upon hundreds of detainees. Readable, heartbreaking and expansive in its intimate detail, Hafetz and Denbeauxs volume is an invaluable contribution to the history of Guantánamo. -- Karen Greenberg,author of The Least Worst Place: Guantánamos First 100 DaysOne of the most inspiring features of the post-9/11 world has been the willingness of lawyers from all walks of life to volunteer to represent those condemned to indefinite detention at Guantánamo. This book provides an invaluable birds-eye view of what its like to fight for justice in a law-free zone, representing men who the government has labeled the worst of the worst. -- David Cole,author of Justice at War: The Men and Ideas that Shaped Americas War on TerrorThe narratives are excellent and very powerful, and provide an insightful view into what it is like to be a prisoner at Guantánamo and the challenges and emotional experiences in representing those prisoners. -- Jules Lobel,co-author of Less Safe, Less Free: Why America is Losing the War on TerrorThis is a fascinating and revealing behind-the-scenes account of the human stories inside Guantánamo, told candidly by some of Americas best, and most public-spirited, lawyers. -- Jane Mayer,author of The Dark Side: The Inside Story of How The War on Terror Turned into a War on American Ideals“The most compelling reason to read is that the legal questions created by Guantanamo have not yet been fully resolved. President Obama’s promise to close the prison has so far gone unfulfilled, and John Paul Stevens, who will perhaps be remembered more for his writings on Guantanamo than any other subject, will leave the Court at the end of this term. No matter how the Guantanamo question is resolved, historians will no doubt benefit from Denbeaux and Hafetz’s excellent book. -- Tyler D. Helmond, in The Champion (NACDL)The desperate words, quoted here, of Gitmo detainees on torture grab the heart and do not let go. This compelling book on the American penal colony and its residents is a cautionary tale of overzealous executive wartime power and the awful mess it sometimes leaves behind. * Publishers Weekly *This collection of stirring narrative, government data and testimony, edited by two of the lawyers for those detained by the Bush administration as unlawful combatants at Guantánamo, puts America on notive about the issues of civil liberties and constitutional freedoms * Publishers Weekly *A new and remarkable book... made up of the written accounts by more than a hundred of the lawyers who provide detailed accounts of their meetings with their clients inside the prison... an informative and telling chronicle of what Guantanamo is really like... * The New York Times *[M]akes for gripping if somber reading. . .They have produced a book that will make other lawyers vicariously proud. * TimesOnline *The Guantánamo Lawyers is a powerful and important book. These first-hand accounts strip way much of the veneer that has encased tepid and lifeless news stories of what has happened at Guantanamo and elsewhere. This behind-the-scenes look at these brave lawyers and abused detainees is fascinating and revealing. * TruthOut *A valuable contribution to the record of an unfinished story bound to reverberate for years to come. * Kirkus Reviews *In this admirable compliation, Mark P. Denbeaux, a professor at Seaton hall University School of Law and Jonathan Hafetz, a staff attorney at the ACLU’s National Security Project, have explored one of this generation’s great moral questions by assembling first-person reports from over 100 attourneys who represent prisoners held at Guantanamo Bay.” * New York Law Journal *This volume is as chilling an indictment of the executive's disdain for the rule of law as could be imagined…. The details of what passes for law in Guantánamo will shock readers familiar with any concept of due process…. The skill, courage and resourcefulness of the unofficial Guantánamo Bay Bar Association give us genuine cause for pride in lawyers. * New York Law Journal *Provides an invaluable perspectiveor more accurately, perspectives, since more than one hundred lawyers contributed to the volume. These men and women, all working for nothing, have gained intimate access to those whom the United States sought to keep hidden behind strictly closed doors.The stories these lawyers have been able to tell, adroitly edited by Mark Denbeaux and Jonathan Hafetz, offer a multifaceted portrait of life on the base. * New York Review of Books *Table of ContentsIntroduction Mark P. Denbeaux and Jonathan Hafetz Prelude 1 Representing the "Worst of the Worst" How and Why the Lawyers Started Representing Detainees 2 Getting behind the Wire Rasul/Al Odah: The Right to Representation 3 Uncovering Guantanamo's Human Face First Impressions Rendered: How the Detainees Got to Guantanamo Female Attorneys Family Members Interpreters 4 Red Tape and Kangaroo Courts Barriers to Representation The No-Hearing Hearings: Combatant Status Review Tribunals Military Commissions Political Maneuvering Boumediene v. Bush: The Death Knell for Prisons beyond the Law 5 Tortured A Product of Torture Culture Reactions Hunger Strikes Suicides 6 Alternative Forms of Advocacy 7 Leaving Guantanamo Stuck in Limbo Out but Not Free Happy Endings? 8 Guantanamo beyond Cuba: A Global Detention System outside the Law Guantanamo Comes to America Black Sites Coda Timeline: Guantanamo and the "War on Terror" Contributors
£23.74
New York University Press Feminist Legal History Essays on Women and Law
Book SynopsisAn exploration of feminist legal history in America, covering two centuries of American historyTrade ReviewWell worth reading...the variety of topics, perspectives, and outlooks confirms the richness and complexity of the field of women's history. * The Journal of American History *An exciting, interdisciplinary collection of original articles that demonstrates the complex and dynamic interplay among history, law, and gender. This volume will help historians think more practically about legal change, challenge law professors and legal professionals to employ history with greater care, and provide all readers with fresh perspectives on interrelationships between women and the law, past and present but with an eye on the future. -- Leigh Ann Wheeler,author of Against Obscenity: Reform and the Politics of Womanhood in America, 1873-1935These essays clearly indicate where women’s legal history has been and anticipate where it is going based on the various kinds of feminism that emerged in the course of the twentieth century. They constitute the most comprehensive review to date of the role that gender issues have played and will continue to play in the enduring historical struggle to reconcile female and male legal rights in the United States well into the twenty-first century. -- Joan Hoff,author of Law, Gender, and Injustice: A Legal History of U.S. WomenTable of ContentsForeword Reva Siegel Preface Tracey Jean Boisseau Introduction: Law, History, and Feminism Tracy A. Thomas and Tracey Jean BoisseauPart I: Contradictions in Legalizing Gender 1 Courts and Temperance "Ladies" Richard H. Chused 2 Women behind the WheelGender and Transportation Law, 1860-1930 Margo Schlanger 3 Expatriation by Marriage The Case of Asian American Women Leti Volpp 4 Made with Men in Mind Melissa Murray 5 Fighting Women Jill Elaine Hasday 6 Irrational Women Maya Manian Part II: Women's Transformation of the Law 7 Elizabeth Cady Stanton and the Notion of a Legal Class of Gender Tracy A. Thomas 8 "Them Law Wimmin" 156 Gwen Hoerr Jordan 9 Legal Aid, Women Lay Lawyers, and the Rewriting of History 1863-1930 Felice Batlan 10 Sisterhood of Struggle Lynda Dodd 11 "Feminizing" Courts Mae C. Quinn 12 Sexual Harassment Carrie N. Baker 13 Ledbetter's Continuum Eileen Boris Selected Bibliography Contributors Index
£23.74
University of Arizona Press Miranda
Book Synopsis
£18.66
The University of Alabama Press Alabama Justice
Book SynopsisExamines the legacies of eight momentous US Supreme Court decisions that have their origins in Alabama legal disputes. Written in a concise and accessible manner, each case law chapter begins with the circumstances that created the dispute. Brown then provides historical and constitutional background for the issue.Trade ReviewThis is a fine book built around a fine premise, namely that ordinary readers in Alabama—and elsewhere, but especially in Alabama—should understand the profound impact that Alabama cases have had upon our nation’s laws. Any reader who examines Alabama Justice will understand that in the mid-twentieth century, and beyond, Alabama was an epicenter of American jurisprudence." —Paul M. Pruitt Jr., author of Taming Alabama: Lawyers and Reformers, 1804–1929Table of Contents List of Figures Acknowledgments Introduction Chapter 1. A Moment of Silence: Public School Prayers and Wallace v. Jaffree (1985) Chapter 2. Compelled Disclosure: Freedom of Association and NAACP v. Alabama (1958) Chapter 3. Heed Their Rising Voices: The Actual Malice Test and New York Times v. Sullivan (1964) Chapter 4. Scottsboro: The Right to Effective Counsel and Powell v. Alabama (1932) Chapter 5. Transforming Tuskegee: Racial Redistricting and Gomillion v. Lightfoot (1960) Chapter 6. Equal Protection, Equal Benefits: Women’s Rights and Frontiero v. Richardson (1973) Chapter 7. One Person, One Vote: Legislative Reapportionment and Reynolds v. Sims (1964) Chapter 8. Ollie’s Barbecue: The Commerce Clause and Katzenbach v. McClung (1964) Chapter 9. Revered and Reviled: The Supreme Court Legacies of John McKinley, John Archibald Campbell, and Hugo Black Notes Bibliography Index
£36.51
UNIV OF ALABAMA PR John McKinley and the Antebellum Supreme Court
Book SynopsisProvides a penetrating analysis of US Supreme Court justice John McKinley. In providing the first in depth assessment of the life and Supreme Court career of Justice McKinley, Steven Brown has given us a compelling portrait of a man active in the leading financial, legal, and political circles of his day.Trade Review“Professor Steven Brown sets out to rehabilitate McKinley's reputation and historical legacy in this engaging and accessible biography. The portrait that emerges is one of a dedicated public servant and thoughtful jurist, a far cry from the surly and unimpressive caricature that has defined McKinley's modern-day perception. . . . [Brown] also provides a rare look into the workings of the antebellum Supreme Court, particularly the travails of circuit riding prior to the development of a robust interstate transportation infrastructure. . . . Brown persuasively argues that McKinley's career and legacy deserve another look.”—Harvard Law Review “Steven Brown's splendid new work is the only book-length account of the Alabama Justice's life and years of public service--not only as a Justice, but as a practicing attouney, state legislator, state university trustee, member of the U.S. House of Representatives, and U.S. Senator. The book refutes the usual assessment that McKinley was at best a very average jurist who failed to carry his share of the judicial burden and was unable to hold his own among his judicial colleagues.”—Journal of Supreme Court History “Students of southern history and Alabama history, as well as legal scholars and the state and national legal communities, will appreciate this longoverdue revision of Justice John McKinley’s historical reputation. With this book, Steven Brown has established himself as the authority on the life and times of Justice McKinley and, to a significant degree, the antebellum US Supreme Court.”—R. Volney Riser, author of Defying Disfranchisement: Black Voting Rights Activism in the Jim Crow South, 1890–1908
£26.96
