Legal history Books

Book SynopsisThe Persons Case is a comprehensive study of this important event, examining the case itself, the ruling of the Privy Council, and the profound affect that it had on women's rights and the constitutional history of Canada.

Read more less

Book SynopsisIn the early history of Halifax (1749-1766), debt litigation was extremely common. People from all classes frequently used litigation and its use in private matters was higher than almost all places in the British Empire in the 18th century. In Law, Debt, and Merchant Power, James Muir offers an extensive analysis of the civil cases of the time as well as the reasons behind their frequency. Muir’s lively and detailed account of the individuals involved in litigation reveals a paradoxical society where debtors were also debt-collectors. Law, Debt, and Merchant Power demonstrates how important the law was for people in their business affairs and how they shaped it for their own ends. Trade Review‘At the higher methodological level, the work both fascinates and provokes… Muir’s book is an interesting, original, and important work, part of the new wave of regional scholarship that integrates greater Nova Scotia into the history of the eighteenth-century British Atlantic.’ -- Barry Cahill * Acadiensis February 2017 *‘James Muir presents an articulate, nuanced approach to the development of civil procedure in Canada… He has collected an impressive amount of historical data in order to reconstruct patterns of litigation in eighteenth-century Halifax.’ -- Ashton Butler * Saskatchewan Law Review vol 80:2017 *"This is the 103rd book published by the Osgoode Society for Legal History since 1981, part of a sustained effort to understand the law, the courts, and practitioners over the whole of Canadian history from many perspectives." -- Douglas McCalla, University of Guelph * Canadian Business History Association Newlsetter, July 2018 *Table of ContentsChapter 1: Introduction Chapter 2: Halifax, a community of litigants Chapter 3: Initiating Actions Chapter 4: Avoiding Trial Chapter 5: Going to Trial Chapter 6: Ending the Action Chapter 7: Appeals and Other Courts Chapter 8: Conclusion Appendix 1: Sources and Methods Appendix 2: Interpreting Occupational and Status Data Bibliography

Read more less

Book SynopsisInternational law is a fundamentally modern phenomenon. Tracing its roots to nineteenth-century pronouncements on the 'law of nations,' the discipline took shape in the elaborate treaty structures of the post-First World War era and in the institutions and tribunals established after the Second World War. International law as scholars know and study it today is a product of modernism.In The Aesthetics of International Law, Ed Morgan engages in a literary parsing of international legal texts. In order to demonstrate how these types of legal narratives are imbued with modernist aesthetics, Morgan juxtaposes international legal documents and modern (as well as some immediately pre- and post-modern) literary texts. He demonstrates how the same intellectual currents that flow through the works of authors ranging from Edgar Allan Poe to James Joyce to Vladimir Nabokov are also present in legal doctrines ranging from the law of war to international commercial disputes to hu

Read more less

Book SynopsisWounded Feelings is the first legal history of emotions in Canada. Through detailed histories of how people litigated emotional injuries like dishonour, humiliation, grief, and betrayal before the Quebec civil courts from 1870 to 1950, Eric H. Reiter explores the confrontation between people’s lived experience of emotion and the legal categories and terminology of lawyers, judges, and courts. Drawing on archival case files, newspapers, and contemporary legal writings, he examines how individuals narrated their claims of injured feelings and how the courts assessed those claims using legal rules, social norms, and the judges’ own feelings to validate certain emotional injuries and reject others. The cases reveal both contemporary views of emotion as well as the family, gender, class, linguistic, and racial dynamics that shaped those understandings and their adjudication. Examples include a family’s grief over their infant sonȁTrade Review"Wounded Feelings is a very rich book that less seeks to provide a simple explanation of what emotional suffering was meant to be than to use discussions of such feeling as an access point to how people considered questions of self, reputation, bodily autonomy, and personal rights." -- Katie Barclay, University of Adelaide * Borealia *"This book masterfully blends jurisprudence and legislation, with emphasis on the Quebec Civil Code, to elucidate how the subjectivity of emotions has been legally interpreted over time. […] Wounded Feelings provides a uniquely Canadian perspective on the interrelated topics of litigation, social history, legal history, and human sentiment. Upon reading, it is clear why this book has been so well received. This book comes highly recommended for academic law libraries, as well as the history collections of academic libraries." -- Mary Hemmings, Thompson Rivers University * Canadian Law Library Review *Table of ContentsIllustrations Foreword Acknowledgments Introduction 1. Feelings and the Law in Nineteenth-Century Quebec 2. Shame, Mortification, Disgrace, Dishonour 3. Family Dishonour 4. Bodily Intrusion 5. Betrayal 6. Grief and Mourning 7. Indignation, Anger, Fear 8. Conclusion: From Wounded Feelings to Violated Rights Abbreviations Case Citations Notes Bibliography Index

Read more less

Book SynopsisIn 1900, German legislators passed the Civil Code, a controversial law that designated women as second-class citizens with regard to marriage, parental rights, and marital property. Despite the upheavals in early twentieth-century Germany the fall of the German Empire after the First World War, the tumultuous Weimar Republic, and the destructive Third Reich the Civil Code remained the law of the land. After Nazi Germany’s defeat in 1945 and the founding of East and West Germany, legislators in both states finally replaced the old law with new versions that expanded women’s rights in marriage and the family. Entangled Emancipation reveals how the complex relationship between the divided Germanys in the early Cold War catalysed but sometimes blocked efforts to reshape legal understandings of gender and the family after decades of inequality. Using methods drawn from gender history and discourse analysis, the book restores the history of the women’Table of ContentsList of Illustrations Abbreviations Acknowledgments Introduction 1. Reimagining Postwar German Families, 1945–7 2. Gender Equality and the Family in the Two Constitutions, 1948–9 3. The Failed Reforms of Family Law, 1949–53 4. A Series of Stalemates, 1953–57 5. Achieving Equality, 1957–76 Conclusion Bibliography

Read more less

Book SynopsisIn 1900, German legislators passed the Civil Code, a controversial law that designated women as second-class citizens with regard to marriage, parental rights, and marital property. Despite the upheavals in early twentieth-century Germany the fall of the German Empire after the First World War, the tumultuous Weimar Republic, and the destructive Third Reich the Civil Code remained the law of the land. After Nazi Germany’s defeat in 1945 and the founding of East and West Germany, legislators in both states finally replaced the old law with new versions that expanded women’s rights in marriage and the family. Entangled Emancipation reveals how the complex relationship between the divided Germanys in the early Cold War catalysed but sometimes blocked efforts to reshape legal understandings of gender and the family after decades of inequality. Using methods drawn from gender history and discourse analysis, the book restores the history of the women’Table of ContentsList of Illustrations Abbreviations Acknowledgments Introduction 1. Reimagining Postwar German Families, 1945–7 2. Gender Equality and the Family in the Two Constitutions, 1948–9 3. The Failed Reforms of Family Law, 1949–53 4. A Series of Stalemates, 1953–57 5. Achieving Equality, 1957–76 Conclusion Bibliography

Read more less

Book SynopsisThis collection investigates historical cases involving women and gender relations in order to uncover the power dynamics at the heart of the legal system.Table of ContentsIntroduction Joan Sangster and Lori Chambers 1. The Trials of Caroline Ferguson: Reputation and Litigation in Quebec, 1852–1857 Eric Reiter 2. A Cause Célèbre: Marriage, Quebec Law, and the Delpit Affair of 1901 Mélanie Méthot 3. The Trials and Travails of Eliza Maria Campbell Jim Phillips 4. Meunier v. Macdonald and Secord, 1911: A Métis Woman Takes on Prominent Edmonton Settler Businessmen, Politicians, and Land Speculators Sarah Carter 5. Credibility, Corroboration, and Legal Betrayal of Rape Victims Constance Backhouse 6. The Execution of Tommasina Teolis: Capital Punishment, Gender, and Ethnicity in Quebec in the First Half of the Twentieth Century Don Fyson 7. The WTEA (1917), Canadian Women’s Suffrage, and Constitutional Thought in World War I Lyndsay Campbell 8. Discipline as Deterrence: Labour Relations and the Silencing of Feminist Labour Activists Joan Sangster and Julia Smith 9. Women Not Welcome: Martinie v. the Italian Society of Port Arthur Laura Nigro, Lori Chambers, and Michel Beaulieu 10. Internal and External Advocacy for Legal Reform: Genesis of the Ontario Family Law Act [1986] 1967–1986 Taylor Starr

Read more less

Book SynopsisBuilding Justice draws on the inspiring life of former Canadian Supreme Court Justice Frank Iacobucci to offer insight into the meaning of engaged citizenship through law.Trade Review“Few are the justices of a nation’s highest court whose most significant work is done after they leave the bench. Fewer still are those magnanimous enough not to seek credit for it. Justice Frank Iacobucci, the man whose labors were instrumental to the creation of Canada’s newest federal holiday—National Day for Truth and Reconciliation— is such an individual, Shauna Van Praagh tells us in this biography.Van Praagh, who considers Justice Iacobucci a consummate mentor in her life, infuses the book with many stories told—and, crucially, retold—by and about her subject both to bring us into particular conversations and to try to immortalize his perspectives and experiences." -- Charles Bartlett, University of Miami * Italian Americana *Table of ContentsPrologue: Foot Fragments and the Cathedral Part I. Cutting Stone: Welcome to Law 1. The Dean’s Speech 2. Frank’s Facts 3. Prelude to a Legal Education: Frank’s Stories 4. Law School 5. Legal Education Continued Part II. Five Dollars a Day: Lawyering in the World 6. Farewell to Law School 7. You Will Keep Learning: Frank Iacobucci and the Law of Corporations 8. You Will Lead: Frank Iacobucci as Playmaker 9. You Will Pursue Justice: Frank Iacobucci at the Supreme Court 10. Less than Five Dollars a Day: Nancy Iacobucci as Lawyer 11. Beyond the Court Part III. Building a Cathedral: Called to Action 12. The Third Worker 13. The Law Class Reunion 14. Cathedral as Project: Residential Schools and Reconciliation 15. Cathedral as Congregation: Mentorship and the Extended Family 16. Cathedral as Identity: Community and Belonging 17. Individuals and the Cathedral: The Maker’s Mark Epilogue: The Work of Building and the Journey of Justice

Read more less

Book SynopsisThis volume, containing ten essays, is the first of two designed to illustrate the wide possibilities for research and writing in Canadian legal history and reflecting the current interests of those working in that area. Topics covered include historical aspects of company law, the law and the economy, legal reform in Ontario, custody law, the law of master and servant, the law of nuisance, origins of the Canadian Criminal Code, and women's rights in Quebec. Professor Flaherty supplies an introduction to the writing of Canadian legal history and, with his contributors, provides an important building block on which a significant tradition of indigenous legal history in Canada may grow and flourish.

Read more less

Book Synopsis2024 American Legacy Book Awards WinnerJustice in Plain Sightis the story of a hometown newspaper in Riverside, California, that set out to do its job: tell readers about shocking crimes in their own backyard. But when judges slammed the courtroom door on the public, including the press, it became impossible to tell the whole story. Pinning its hopes on business lawyerJim Ward, whom Press-Enterprise editor Tim Hays had come to know and trust, the newspaper took two cases to the U.S. Supreme Court in the 1980s. Hays was convinced that the publicincluding the pressneeded to have these rights and needed to bear witness to justice because healing in the aftermath of a horrible crime could not occur without community catharsis.The newspaper won both cases and established First Amendment rights that significantly broadened public access to the judicial system, including the right for the public to witness jury selection and preliminary hearings. Justice in Plain Sightis a unique story thatTrade Review"The considerable research, numerous interviews, and primary documentation combine to make Justice in Plain Sight a comprehensive look at two landmark cases and the underdog newspaper that ensured that the justice process can't operate in secret."—Jeff Fleischer, Foreword Reviews"Whether you're a lawyer or a history buff, you will enjoy reading about how an unlikely small-town Riverside newspaper and lawyers successfully fought to open public access to criminal proceedings in the United States."—Theresa Han Savage, Riverside Lawyer"Justice in Plain Sight provides a timely and intriguing glimpse at the operation of an earlier Supreme Court, which was functioning in the aftermath of the political and social upheaval of the 1970s."—Kim Himstreet, Bend Bulletin"It is one thing for an attorney litigating an access case today to know and memorize the Press-Enterprise test. But as Bernstein’s book reveals, it is a far more interesting thing to understand the backstory about how that rule evolved and to appreciate the hard-fought efforts of so many people that went into it."—Clay Calvert, Criminal Law and Criminal Justice Books“Dan Bernstein’s new book disproves two stereotypes about history: First, that it’s made only by the famous, and second, that it’s boring. This is a tale of small-town heroes, newspaper professionals, and lawyers. . . . In Dan’s capable hands, it’s smart, funny, and above all, enlightening.”—George Rodrigue, two-time winner of the Pulitzer Prize and president and editor of the Cleveland Plain Dealer “I simply loved Justice in Plain Sight. It is like a fairy tale with a landscape populated by now-extinct beasts. . . . For those who want to understand what journalism can mean to a community, here’s a well-told story of a very good newspaper.”—Donald E. Graham, former publisher of the Washington Post“As courts and the media today face political criticism and threats, Bernstein’s story of the paper’s landmark victories is a timely reminder of how crucial public access is to the integrity of our judicial system.”—Marcia Coyle, chief Washington correspondent of the National Law Journal and author of The Roberts Court: The Struggle for the Constitution“A suspenseful, true-life legal page-turner about honest men and women standing up for freedom. A thoroughly compelling and engaging read.”—Jonathan Eig, New York Times best-selling author of Ali: A Life“The doors of America’s courtrooms are open today because one small newspaper in California refused to let justice take place in secret. Justice in Plain Sight is a long-overdue look at the legal fight that changed the history of the First Amendment.”—David E. McCraw, vice president and deputy general counsel, the New York Times Company“This book, which tells the highly interesting story behind two Supreme Court precedents, has it all: heinous crimes, protective judges, dogged journalists, skilled local lawyers, captious Supreme Court justices, and a very fortunate public that, thanks to the Press-Enterprise, secured a First Amendment right to attend jury selection and preliminary hearings.”—James T. Hamilton, Hearst Professor of Communication at Stanford UniversityTable of ContentsList of Illustrations Prologue 1. “They Can’t Do That, Can They?” 2. “You’ll Never See Your Daughter Again” 3. Slamming the Door 4. The “Thrill-Killer” Nurse 5. The Hays-Cherniss Newspaper 6. “They Won’t Laugh at You Now” 7. “Mr. Everything” 8. The Battleground 9. Building the Case 10. The Diaz Case Advances 11. Mr. Ward Goes to Washington 12. The Audience of Nine 13. “I Will Be Back” 14. “The Presumption of Openness” 15. A Halt to the “Ominous Progression”? 16. Smacked Down Again 17. “Expanding the Right of Access” 18. Needle in a Haystack 19. “The Soil of Openness” 20. “Hands over His Face” 21. “Safeguard against the Corrupt and Eccentric” Epilogue Acknowledgments Notes Bibliography Index

Read more less

Book SynopsisAt the intersection of the growing national conversation about our food system and the long-running debate about the US government's role in society is the complex farm bill. In The Fault Lines of Farm Policy Jonathan Coppess analyses the legislative and political history of the farm bill, including the evolution of congressional politics for farm policy.Trade Review"Without question, Coppess instills in readers the importance of reflecting on the origins and evolution of the farm policy before, during, and after embarking on future farm policy-making processes."—Sheila Fleischhacker, Journal of Agriculture, Food Systems, and Community Development"The Fault Lines of Farm Policy is a briskly paced and informative account of the process of making farm legislation."—J. L. Anderson, South Dakota History“Jonathan Coppess brings his experience and expertise to bear on the challenges faced in crafting a farm bill. The historical perspective of this work will give policy makers the opportunity to learn from the mistakes of the past.”—Tom Vilsack, U.S. Secretary of Agriculture (2009–16) and president and CEO of the U.S. Dairy Export Council “Jonathan Coppess’s understanding of farm policy since 1990 is especially impressive, and his ability to root this discussion in a larger historical context makes this book a first-rate work of scholarship. The Fault Lines of Farm Policy will be a major contribution to the literature on farm policy and on congressional behavior and the legislative process.”—David Hamilton, author of From New Day to New Deal: American Farm Policy from Hoover to Roosevelt, 1928–1933“A prolific contributor to today’s farm policy dialogue, Jonathan Coppess draws on legal expertise, legislative experience, political observations, and economic analysis to provide substantial insights about the forces that have driven eighty years of policy decisions.”—David Orden, director of the Global Issues Initiative of the Institute for Society, Culture, and Environment at Virginia Tech Research CenterTable of ContentsPreface Acknowledgments Introduction: Fault Lines and Farm Policy 1. The Origins of Farm Policy, 1909–1933 2. Adjusting to the New Deal and War, 1933–1945 3. Transition and Turbulence after War, 1945–1949 4. A Surplus of Problems and Disagreement, 1950–1969 5. The Commodity “Roller Coaster” and the Crash, 1970–1989 6. Revolution and Reform Launch the Modern Era, 1990–1999 7. Cotton, Ethanol, and Risk Management Form the Modern Era, 2000–2010 8. Old Fights Plague the Agricultural Act of 2014, 2011–2014 9. Trying to Reason with the Fault Lines Appendix 1: Graphs and Charts Appendix 2: Bills and Terms Notes Bibliography Index

Read more less

Book SynopsisThroughout its existencethe Federal District Court of Nebraska has echoed the dynamics of its time, reflecting the concerns, interests, and passions of the people who have made this statetheir home.Echo of Its Timeexplores the court's development, from its inception in 1867 through 1933, tracing the careers of its first four judges:Elmer Dundy, William Munger, Thomas Munger (no relation), and Joseph Woodrough,whose rulings addressed an array of issues and controversies echoing macro-level developments within the state, nation, and world. Echo of Its Time both informs and entertains while using the court's operations as a unique and accessible prism through which to explore broader themes in the history of the state and the nation. The book explores the inner workings of the court through Thomas Munger's personal correspondence, as well as the court's origins and growing influence under the direction of its legendary first judge, Elmer Dundy.Dundy handled many notable and controversial Trade Review"One test of a good history book is whether it increases one's desire to read further on the subjects it covers. Echo of Its Time is a book that makes me want to read more."—Troy Johnson, Annals of Wyoming"This well-researched and written study should appeal to lawyers; those interested in the advance of justice in our state; those wishing to know the influence of various economic or political forces from early railroad days to the end of Prohibition; historians in general; and anyone with an interest in the struggle of our federal courts to balance the national economic and political interests with the interests of the common man, whether small farmers, laborers, or Native Americans."—John A. Gale, Nebraska History"[A] well-written new book."—Omaha World-Herald“Echo of Its Time makes an important contribution to the sometimes clouded working of the federal courts. Because much Great Plains legal history has focused on the nineteenth century, this book is especially welcome, delving as it does into the often neglected twentieth century. I have taught Nebraska history for almost twenty years but I still learned a great deal about the state’s federal judges and the types of cases that ended up in federal court.”—Mark R. Ellis, professor of history at the University of Nebraska Kearney and author of Law and Order in Buffalo Bill’s Country: Legal Culture and Community on the Great Plains, 1867–1910“Echo of Its Time is an excellent title for a book which shows how the judges of the Federal District Court of Nebraska addressed major issues as the Great Plains frontier jurisdiction evolved into an early twentieth-century rural-urban Midwestern society. . . . Wunder and Scherer have done an excellent job in showing us how our courts, their judges, and other officers are at the heart of the American experience.”—Harl Dalstrom, professor of history emeritus at the University of Nebraska OmahaTable of ContentsContents List of Illustrations Introduction 1. In the Beginning 2. The Dundy Years 3. Native Americans and Judge Dundy 4. Railroads and the Ermine of the Bench 5. The Politics of Transition 6. The “One Munger” Court 7. The Cattle Barons Cases 8. The “Two Munger” Court 9. The Early Munger-Woodrough Years 10. Prohibition and the Dennison Trial Notes Bibliography Index

Read more less

Book SynopsisThe improbable story of a modest-sized Southern California newspaper and its lawyer, who took two cases to the U.S. Supreme Court in the 1980s, winning them both and establishing First Amendment rights that significantly expanded public access to the American judicial system. Trade Review"The considerable research, numerous interviews, and primary documentation combine to make Justice in Plain Sight a comprehensive look at two landmark cases and the underdog newspaper that ensured that the justice process can't operate in secret."—Jeff Fleischer, Foreword Reviews"Whether you're a lawyer or a history buff, you will enjoy reading about how an unlikely small-town Riverside newspaper and lawyers successfully fought to open public access to criminal proceedings in the United States."—Theresa Han Savage, Riverside Lawyer"Justice in Plain Sight provides a timely and intriguing glimpse at the operation of an earlier Supreme Court, which was functioning in the aftermath of the political and social upheaval of the 1970s."—Kim Himstreet, Bend Bulletin"It is one thing for an attorney litigating an access case today to know and memorize the Press-Enterprise test. But as Bernstein’s book reveals, it is a far more interesting thing to understand the backstory about how that rule evolved and to appreciate the hard-fought efforts of so many people that went into it."—Clay Calvert, Criminal Law and Criminal Justice Books“Dan Bernstein’s new book disproves two stereotypes about history: First, that it’s made only by the famous, and second, that it’s boring. This is a tale of small-town heroes, newspaper professionals, and lawyers. . . . In Dan’s capable hands, it’s smart, funny, and above all, enlightening.”—George Rodrigue, two-time winner of the Pulitzer Prize and president and editor of the Cleveland Plain Dealer “I simply loved Justice in Plain Sight. It is like a fairy tale with a landscape populated by now-extinct beasts. . . . For those who want to understand what journalism can mean to a community, here’s a well-told story of a very good newspaper.”—Donald E. Graham, former publisher of the Washington Post“As courts and the media today face political criticism and threats, Bernstein’s story of the paper’s landmark victories is a timely reminder of how crucial public access is to the integrity of our judicial system.”—Marcia Coyle, chief Washington correspondent of the National Law Journal and author of The Roberts Court: The Struggle for the Constitution“A suspenseful, true-life legal page-turner about honest men and women standing up for freedom. A thoroughly compelling and engaging read.”—Jonathan Eig, New York Times best-selling author of Ali: A Life“The doors of America’s courtrooms are open today because one small newspaper in California refused to let justice take place in secret. Justice in Plain Sight is a long-overdue look at the legal fight that changed the history of the First Amendment.”—David E. McCraw, vice president and deputy general counsel, the New York Times Company“This book, which tells the highly interesting story behind two Supreme Court precedents, has it all: heinous crimes, protective judges, dogged journalists, skilled local lawyers, captious Supreme Court justices, and a very fortunate public that, thanks to the Press-Enterprise, secured a First Amendment right to attend jury selection and preliminary hearings.”—James T. Hamilton, Hearst Professor of Communication at Stanford UniversityTable of ContentsList of Illustrations Prologue 1. “They Can’t Do That, Can They?” 2. “You’ll Never See Your Daughter Again” 3. Slamming the Door 4. The “Thrill-Killer” Nurse 5. The Hays-Cherniss Newspaper 6. “They Won’t Laugh at You Now” 7. “Mr. Everything” 8. The Battleground 9. Building the Case 10. The Diaz Case Advances 11. Mr. Ward Goes to Washington 12. The Audience of Nine 13. “I Will Be Back” 14. “The Presumption of Openness” 15. A Halt to the “Ominous Progression”? 16. Smacked Down Again 17. “Expanding the Right of Access” 18. Needle in a Haystack 19. “The Soil of Openness” 20. “Hands over His Face” 21. “Safeguard against the Corrupt and Eccentric” Epilogue Acknowledgments Notes Bibliography Index

Read more less

Book SynopsisDwelling along the Mississippi River, the Tennessee state line, the Tenn-Tom Waterway, and the Gulf of Mexico are a trove of characters with fascinating lives and histories. James Robertson weaves these stories to reveal a tapestry of Mississippi's border counties and the towns and people that occupy them.

Read more less

Book SynopsisIn early modern Europe, international law emerged as a means of governing relations between rapidly consolidating sovereign states, purporting to establish a normative order for the perilous international world. However, it was intrinsically fragile and uncertain, for sovereign states had no acknowledged common authority that would create, change, apply, and enforce legal norms. In Imagining World Order, Chenxi Tang shows that international world order was as much a literary as a legal matter. To begin with, the poetic imagination contributed to the making of international law. As the discourse of international law coalesced, literary works from romances and tragedies to novels responded to its unfulfilled ambitions and inexorable failures, occasionally affirming it, often contesting it, always uncovering its problems and rehearsing imaginary solutions.Tang highlights the various modes in which literary textssome highly canonical (Camões, Shakespeare, Corneille, LohensTrade ReviewAdding to the growing body of work on law and literature, Tang (German, Univ. of California, Berkeley) offers a solid overview of the emergence and evolution of international law, and he argues plausibly that, lacking a supranational enforcement mechanism, international law depended on the poetic imagination to create an idea of world order. * Choice *Table of ContentsAcknowledgments Introduction International Law Literary Approaches to International World Order A Dual History of International Law and European Literature 1. The Old World Order Dissolving Universal Laws in Flux: (Neoscholastic Jurisprudence) Cosmic Order Disturbed: (Camões's Os Lusíadas, Reason of State) The Beginnings of Public International Law: (Gentili, Suárez, Grotius) 2. The Poetics of International Legal Order Treaty and Allegory in the Renaissance The Founding Narratives of International Legal Personality: (Grotius, Hobbes, Leibniz) The Founding Narratives of International Society: (Grotius, Leibniz) Spectacles of International Order The Drama of International Society 3. International Order as Tragedy The Renaissance of Tragedy and the Problem of International Order The Sovereign Will and the Tragic Form: (Marlowe's Tamburlaine, Shakespeare's King John) A Tragicomic Intermezzo: The Shapes of World Order in Shakespeare's Romances The Tragedy of Reason of State: (Lohenstein) The Tragedy of Marriage Alliance: (Corneille) International Order Through Tragic Experience 4. International Order as Romance The Romance Form and World Order: (The Greek Romance, Barclay's Argenis) The Crisis of Political Romance in the Mid-Seventeenth Century: (Herbert) The Apotheosis and Extinction of Political Romance: (Anton Ulrich, Leibniz) 5. The Divergence Between International Law and Literature around 1700 The Depersonalization of the State: (Gryphius, Milton) The Birth of the Private Individual: (Milton, Racine) International Law as a Field of Expert Knowledge Literature and the Private Individual 6. The Novel and International Order in the Eighteenth Century The Fictional Construction of Society: Ius Naturae et Gentium The Fictional Construction of Society: Poetics of the Novel Transnational Commercial World Order: (Defoe) Sentimental World Order: (Gellert, Sterne) Cosmopolitan World Order: (Wieland, Goethe, Kant) Epilogue Notes References Index

Read more less

Book SynopsisVia rigorous study of the legal arguments Spain developed to justify its acts of war and conquest, The Other Side of Empire illuminates Spain''s expansionary ventures in the Mediterranean in the late fifteenth and early sixteenth centuries. Andrew Devereux proposes and explores an important yet hitherto unstudied connection between the different rationales that Spanish jurists and theologians developed in the Mediterranean and in the Americas.Devereux describes the ways in which Spaniards conceived of these two theatres of imperial ambition as complementary parts of a whole. At precisely the moment that Spain was establishing its first colonies in the Caribbean, the Crown directed a series of Old World conquests that encompassed the Kingdom of Naples, Navarre, and a string of presidios along the coast of North Africa. Projected conquests in the eastern Mediterranean never took place, but the Crown seriously contemplated assaults on Egypt, Greece, Turkey, and Palestine.Trade ReviewAn outstanding book that marks a major step forward in our understanding of the politics of the early sixteenth-century Mediterranean, and will be required reading for anyone looking at Spanish relations with north Africa, Naples and the Ottoman Empire. * Al-Masāq: Journal of the Medieval Mediterranean *Overall, the work represents an outstanding analysis of Ferdinand's policy of expansion in the Mediterranean and enriches the history of European law and rule in the early early modern period... Devereux's analyzes are essential and make an important contribution to seeing the European perspective on expansion in America, the debates about cultural contact and the emergence of the Spanish colonies in a new light. * Francia-Recensio *[E]ssential reading for scholars of early modern Europe, and should generate fruitful discussion among those interested in broader questions of Christian empires and their legal, moral, and intellectual foundations. * Church History *Table of ContentsIntroduction Part 1 1. The Mediterranean in the Spanish Imaginary During the Age of Exploration 2. The Christian Commonwealth Besieged Part 2 3. The Turk Within 4. The African Horizon 5. The Eastern Chimera 6. One Shepherd, One Flock Conclusion

Read more less

Book SynopsisIn The Case of Literature, Arne Höcker offers a radical reassessment of the modern European literary canon. His reinterpretations of Goethe, Schiller, Büchner, Döblin, Musil, and Kafka show how literary and scientific narratives have determined each other over the past three centuries, and he argues that modern literature not only contributed to the development of the human sciences but also established itself as the privileged medium for a modern style of case-based reasoning.The Case of Literature deftly traces the role of narrative fiction in relation to the scientific knowledge of the individual from eighteenth-century psychology and pedagogy to nineteenth-century sexology and criminology to twentieth-century psychoanalysis. Höcker demonstrates how modern authors consciously engaged casuistic forms of writing to arrive at new understandings of literary discourse that correspond to major historical transformations in the function of fiction. He argues for theTrade ReviewThis is an important book on a number of counts. The book is well-written, well-argued, and well-researched—in short, a smart, well-executed monograph. [T]his is an extremely valuable contribution to our field and will be a useful resource. * Monatshefte *Höcker's study is exemplary in how it combines reflections on the history of literary fiction with considerations of formal questions of literary representation, narration, and genre, while also offering nuanced readings of some of the most prominent texts of the German literary canon. * The German Quarterly *Table of ContentsIntroduction: Unfelt Affect 1. Philosophy: Affective Nonconsciousness 2. Fiction: Unfelt Engagement 3. Historiography: Insensible Revolutions 4. Epilogue: Insensible Embrace

Read more less

Book SynopsisIn The Case of Literature, Arne Höcker offers a radical reassessment of the modern European literary canon. His reinterpretations of Goethe, Schiller, Büchner, Döblin, Musil, and Kafka show how literary and scientific narratives have determined each other over the past three centuries, and he argues that modern literature not only contributed to the development of the human sciences but also established itself as the privileged medium for a modern style of case-based reasoning.The Case of Literature deftly traces the role of narrative fiction in relation to the scientific knowledge of the individual from eighteenth-century psychology and pedagogy to nineteenth-century sexology and criminology to twentieth-century psychoanalysis. Höcker demonstrates how modern authors consciously engaged casuistic forms of writing to arrive at new understandings of literary discourse that correspond to major historical transformations in the function of fiction. He argues for theTrade ReviewThis is an important book on a number of counts. The book is well-written, well-argued, and well-researched—in short, a smart, well-executed monograph. [T]his is an extremely valuable contribution to our field and will be a useful resource. * Monatshefte *Höcker's study is exemplary in how it combines reflections on the history of literary fiction with considerations of formal questions of literary representation, narration, and genre, while also offering nuanced readings of some of the most prominent texts of the German literary canon. * The German Quarterly *Table of ContentsIntroduction: Unfelt Affect 1. Philosophy: Affective Nonconsciousness 2. Fiction: Unfelt Engagement 3. Historiography: Insensible Revolutions 4. Epilogue: Insensible Embrace

Read more less

Book SynopsisThe Neoliberal Republic traces the corrosive effects of the revolving door between public service and private enrichment on the French state and its ability to govern and regulate the private sector. Casting a piercing light on this circulation of influence among corporate lawyers and others in the French power elite, Antoine Vauchez and Pierre France analyze how this dynamic, a feature of all Western democracies, has developed in concert with the rise of neoliberalism over the past three decades. Based on interviews with dozens of public officials in France and a unique biographical database of more than 200 civil-servants-turned-corporate-lawyers, The Neoliberal Republic explores how the always-blurred boundary between public service and private interests has been critically compromised, enabling the transformation of the regulatory state into either an ineffectual bystander or an active collaborator in the privatization of public welfare. The cumulative effecTrade ReviewBased on interviews with dozens of public officials in France and a biographical database of more than 200 civil-servants-turned-corporate-lawyers, the book explores how the always-blurred boundary between public service and private interests has been critically compromised, enabling the transformation of the regulatory state into either an ineffectual bystander or an active collaborator in the privatization of public welfare. * Journal of Consumer Policy *Antoine Vauchez and Pierre France's The Neoliberal Republic sheds a new and fascinating light on the rise of neoliberalism around the world. Through an unprecedented empirical study of what could be dubbed the "Paris corporate-state bar," Vauchez and France confront a blind spot that permeates both the US sociology of the legal profession and Pierre Bourdieu's field theory: the nexus between the state, businesses, and legal fields. * Law & Social Inquiry *Vauchez and France's book provides an illuminating portrait of what a neoliberal regime looks like and lifts the hood on it so that the curious reader can see what makes the engine run. Business law, it turns out, is the lubricant that oils the machine. * Journal of Modern History *Table of ContentsIntroduction 1. In-between the Public and the Private: The New Lawyering Business 2. The Public-Private Foundations of the Neoliberal State 3. The Hollowing Out of the Public Interest 4. A Black Hole in Democracy? Conclusion: On the "Public Spirited-ness" of the State

Read more less

Book SynopsisThe Neoliberal Republic traces the corrosive effects of the revolving door between public service and private enrichment on the French state and its ability to govern and regulate the private sector. Casting a piercing light on this circulation of influence among corporate lawyers and others in the French power elite, Antoine Vauchez and Pierre France analyze how this dynamic, a feature of all Western democracies, has developed in concert with the rise of neoliberalism over the past three decades. Based on interviews with dozens of public officials in France and a unique biographical database of more than 200 civil-servants-turned-corporate-lawyers, The Neoliberal Republic explores how the always-blurred boundary between public service and private interests has been critically compromised, enabling the transformation of the regulatory state into either an ineffectual bystander or an active collaborator in the privatization of public welfare. The cumulative effecTrade ReviewBased on interviews with dozens of public officials in France and a biographical database of more than 200 civil-servants-turned-corporate-lawyers, the book explores how the always-blurred boundary between public service and private interests has been critically compromised, enabling the transformation of the regulatory state into either an ineffectual bystander or an active collaborator in the privatization of public welfare. * Journal of Consumer Policy *Antoine Vauchez and Pierre France's The Neoliberal Republic sheds a new and fascinating light on the rise of neoliberalism around the world. Through an unprecedented empirical study of what could be dubbed the "Paris corporate-state bar," Vauchez and France confront a blind spot that permeates both the US sociology of the legal profession and Pierre Bourdieu's field theory: the nexus between the state, businesses, and legal fields. * Law & Social Inquiry *Vauchez and France's book provides an illuminating portrait of what a neoliberal regime looks like and lifts the hood on it so that the curious reader can see what makes the engine run. Business law, it turns out, is the lubricant that oils the machine. * Journal of Modern History *Table of ContentsIntroduction 1. In-between the Public and the Private: The New Lawyering Business 2. The Public-Private Foundations of the Neoliberal State 3. The Hollowing Out of the Public Interest 4. A Black Hole in Democracy? Conclusion: On the "Public Spirited-ness" of the State

Read more less

Book SynopsisTrade ReviewDiamant's vivid and trenchant study offers a vital contribution to our understanding of the Chinese constitution as a political tool, both during the Mao era and today. It should be required reading for social scientists, legal scholars, and historians seeking to understand the interplay between state and society in the People's Republic, and the ways in which the Party-state is able to refashion key political instruments like state constitutions to better suit its needs. * Journal of Chinese Political Science *Diamant's provocative arguments, sharp prose style, and thoughtful close reading of previously unused historical documentation amply delivers on the promise of his book's arresting cover and transgressive title. * The University of British Columbia *Table of ContentsIntroduction: Constitutions, Legitimacy, and Interpreting Popular Commentary 1. Officials Read the Draft Constitution 2. The Draft Constitution in China's Business Community 3. Popular Constitutionalism 4. Reading about Rights and Obligations 5. Christians, Buddhists, and Ethnic Minorities 6. Constitutional Afterlives Conclusion: The Meanings of the Constitution and Comparative Perspectives

Read more less

Book SynopsisIn Negotiation and Resistance, Constance Brittain Bouchard challenges familiar depictions of the peasantry as an undifferentiated mass of impoverished and powerless workers. Peasants in eleventh- and twelfth-century France had far more scope for action, self-determination, and resistance to oppressive treatmentthat is, for agencythan they are usually credited with having. Through innovative readings of documents collected in medieval cartularies, Bouchard finds that while peasants lived hard, impoverished lives, they were able to negotiate, individually or collectively, to better their position, present cases in court, and make their own decisions about such fundamental issues as inheritance or choice of marriage partner. Negotiation and Resistance upends the received view of this period in French history as one in which lords dealt harshly and without opposition toward subservient peasants, offering numerous examples of peasants standing up for thTrade ReviewNegotiation and Resistance will be invaluable in the undergraduate classroom as a powerful antidote to the all-too-frequent image of the generic peasant who operated as part of some medieval hive mind. Accessibly and engagingly written, this book effectively humanizes and concretizes people who often appear too distant to perceive clearly, while challenging some of the easy frameworks through which the Middle Ages are conventionally understood. * H-France *

Read more less

Book SynopsisAs featured on CBS Saturday Morning. Finalist for the 2023 National Book Critics Circle John Leonard Prize.In Judgment and Mercy, Martin J. Siegel offers an insightful and compelling biography of Irving Robert Kaufman, the judge infamous for condemning Julius and Ethel Rosenberg to death for atomic espionage.In 1951, world attention fixed on Kaufman''s courtroom as its ambitious young occupant stridently blamed the Rosenbergs for the Korean War. To many, the harsh sentences and their preening author left an enduring stain on American justice. But then the judge from Cold War central casting became something unexpected: one of the most illustrious progressive jurists of his day. Upending the simplistic portrait of Judge Kaufman as a McCarthyite villain, Siegel shows how his pathbreaking decisions desegregated a Northern school for the first time, liberalized the insanity defense, reformed Attica-era prisons, sparedTrade ReviewA major judicial biography that earns a place of distinction alongside other notable recent works such as Tomiko Brown-Nagin's Civil Rights Queen: Constance Baker Motley and the Struggle for Equality, and Brad Snyder's Democratic Justice: Felix Frankfurter, the Supreme Court, and the Making of the Liberal Establishment, Siegel's Judgment and Mercy gives its flawed, complex, and perhaps too-long-reviled subject the captivating, multi-dimensional chronicle his life and work deserve. * New York Journal of Books *The trial and executions of the Rosenbergs remain controversial to this day, and they've spawned a vast historical and polemical literature. Judgment and Mercy is the latest contribution. It seeks to provide a complete portrait of Kaufman by distinguishing between the bad judge of the Rosenberg trial and the good jurist who championed a variety of causes dear to the hearts of progressives. These included broadening the insanity defense, defending civil liberties and the desegregation of neighborhood schools, prosecuting individuals accused of torture outside the United States, and encouraging prison reform. * Jewish Book Council *Attorney Martin J. Siegel's well-written biography of his former boss (he was Kaufman's final law clerk), Judgment and Mercy, is fascinating and scrupulously fair. * Washington Independent Review of Books *There is more to Kaufman than the Rosenberg case, as Martin J. Siegel shows in his excellent biography.... [Judgment and Mercy] succeeds masterfully in illuminating the life of the ambitious son of immigrants who became a federal judge at the age of thirty-nine, angled to try the espionage case of the 20th century, and then had to live with the consequences of his actions the rest of his long tenure on the bench. * Washington Monthly *A meticulous and unsentimental inquiry aimed at solving the mystery at the heart of Kaufman's career. Martin J. Siegel's new biography has the virtue of persuading a reader that the puzzle is worth investigating. * The New York Review of Books *Table of ContentsPrologue: The Funeral 1. Isidore Mortem 2. Demon Boy Prosecutor 3. A Dream Come True 4. At Home on the Bench and Park Avenue 5. The Trial of the Century 6. Worse Than Murder 7. Immortality 8. Beaten by the Harvards 9. Apalachin and the Little Rock of the North 10. Elevation and Descent 11. The Forgotten Man 12. Hippieland 13. The Most Cherished Tenet 14. Annus Horribilis 15. Some Form of Justice 16. Keep the Beacon Burning Epilogue: "I Can't Believe I'm Going to Die"

Read more less

Book SynopsisThe Bureaucracy of Empathy revolves around two central questions: What is pain? And how do we recognize, understand, and ameliorate the pain of nonhuman animals? Shira Shmuely investigates these ethical issues through a close and careful history of the origins, implementation, and enforcement of the 1876 Cruelty to Animals Act of Parliament, which for the first time imposed legal restrictions on animal experimentation and mandated official supervision of procedures calculated to give pain to animal subjects.Exploring how scientists, bureaucrats, and lawyers wrestled with the problem of animal pain and its perception, Shmuely traces in depth and detail how the Act was enforced, the medical establishment''s initial resistance and then embrace of regulation, and the challenges from anti-vivisection advocates who deemed it insufficient protection against animal suffering. She shows how a bureaucracy of empathy emerged to support and administer the legislationTable of ContentsIntroduction 1. The Legal and Scientific Landscapes of the Act 2. The Right Forms for the Job: Anesthesia, Brain Research, and Certificate E 3. The Prick of a Needle: The Challenges of Inoculation 4. Regulating Pain in Laboratories: The Inspectorate 5. Libel, Slander, and Vivisection Conclusion: The Act in the Twentieth Century Postscript: "Can They Suffer?"

Read more less

Book SynopsisThe Bureaucracy of Empathy revolves around two central questions: What is pain? And how do we recognize, understand, and ameliorate the pain of nonhuman animals? Shira Shmuely investigates these ethical issues through a close and careful history of the origins, implementation, and enforcement of the 1876 Cruelty to Animals Act of Parliament, which for the first time imposed legal restrictions on animal experimentation and mandated official supervision of procedures calculated to give pain to animal subjects.Exploring how scientists, bureaucrats, and lawyers wrestled with the problem of animal pain and its perception, Shmuely traces in depth and detail how the Act was enforced, the medical establishment''s initial resistance and then embrace of regulation, and the challenges from anti-vivisection advocates who deemed it insufficient protection against animal suffering. She shows how a bureaucracy of empathy emerged to support and administer the legislationTable of ContentsIntroduction 1. The Legal and Scientific Landscapes of the Act 2. The Right Forms for the Job: Anesthesia, Brain Research, and Certificate E 3. The Prick of a Needle: The Challenges of Inoculation 4. Regulating Pain in Laboratories: The Inspectorate 5. Libel, Slander, and Vivisection Conclusion: The Act in the Twentieth Century Postscript: "Can They Suffer?"

Read more less

Book SynopsisYou can't copyright facts, but is news a category unto itself? Without legal protection for the "ownership" of news, what incentive does a news organization have to invest in producing quality journalism that serves the public good? This book explores the intertwined histories of journalism and copyright law in the United States and Great Britain, revealing how shifts in technology, government policy, and publishing strategy have shaped the media landscape. Publishers have long sought to treat news as exclusive to protect their investments against copying or "free riding." But over the centuries, arguments about the vital role of newspapers and the need for information to circulate have made it difficult to defend property rights in news. Beginning with the earliest printed news publications and ending with the Internet, Will Slauter traces these countervailing trends, offering a fresh perspective on debates about copyright and efforts to control the flow of news. Trade Review"This history of the idea and practice of trying to control news by treating it as intangible property is an important and hugely timely work—brilliantly researched and presented with real sophistication."—Lionel Bently, University of Cambridge"Who Owns the News? is a meticulous and fascinating history of attempts over four centuries to copyright news, but it is also much more than that. Will Slauter has given us a commercial history of journalism, which demonstrates that news is a public good that always needs to be embedded in a set of favorable arrangements in order to survive. It is a useful corrective to today's bromides about the promise of new forms of market support for news, at a time when its economic base has severely eroded."—Nicholas Lemann, Columbia Journalism School"A gripping tale, mixing the high principle of Supreme Court opinions with the low subterfuge of editors concocting fake news to expose pilfering rivals. At a moment of peril for both the news industry and the culture that depends on it, there could be no better demonstration of our need for a historical perspective on the most pressing issue of our time."—Adrian Johns, University of Chicago"Slauter spins stories of information-gatherers who bundled [the news], monetized it and tried (by means legal and extralegal) to protect their hard-earned labors. Who Owns the News weaves these strands into a magnificent narrative....Who Owns the News? is an entertaining and well-written reminder of the need to examine the history and first principles of copyright."—Raymond J. Dowd, New York Law Journal"This is a well-written, thoughtful book, demonstrating how copyright law has struggled to keep up with the development of news culture, setting out the historical context in great detail and supported by much research, and with interesting conclusions and predictions for the future. It is unreservedly recommended."—Charles Oppenheim, European Intellectual Property Review"[Slauter's] gripping history, which stretches over four centuries of the development of claims to legal control of news, refuses to succumb to simplistic or monolithic accounts....Slauter weaves an account rich in both details and perspectives. One finds in it a masterful synthesis of law, technological development, political context and ideals, economic practices, and the everyday norms of people working in the relevant industries."—Oren Bracha, Critical Analysis of Law"[It] would be a mistake to underestimate either the ambition or the accomplishments of Who Owns the News? By pursuing copyright questions that arose in contests to profit from news, Slauter (as he says) 'sheds light on the history of both.' The wisdom of this polynomial approach to history—solving for two variables at once—lies in the way it avoids consolidating either of its objects arbitrarily in light of what eventually happened, in order to see them in ongoing relation with one another."—Lisa Gitelman, Critical Analysis of Law"Slauter's thoughtful and detailed narrative of the battle among newspaper publishers to secure legal and other protection for their work product is inseparable from questions about what it means for something to be "news" in the first place—and, indeed, whether "journalism" is something different from 'news'....Slauter's carefully researched history doesn't put this question at its center, but it is certainly an undercurrent."—Laura A. Heymann, Critical Analysis of Law"A history of how copyright got to be property risks being a just-so story, per Kipling: a careful arrangement of moments suggesting that the result could not be other than it is. Who Owns the News?, Will Slauter's excellent account of copyright conflicts through history...nicely avoids that trap. The law of the news is a messy affair, like the news itself, and Slauter navigates its history elegantly."—Michael J. Madison, Critical Analysis of Law"With striking contemporary relevance, Who Owns the News? explores what happens when those involved in timely fact-based publishing, or news information, pursue copyright....Rather than providing a set of solutions to the strange time for truth that consumers of information find themselves in, Who Owns the News provides a history of copyright that gives readers an extensive and accessible story of possible paths to take, alongside ones to avoid."—Nora Slonimsky, Critical Analysis of Law"Slauter's work...can help us recognize the role that law and legal history play in structuring the political economy of copying....[It helps] us understand why permanent answers to copyright issues are, and will likely remain, elusive."—David Suisman, Reviews in American History"Who Owns the News? will be indispensable reading for anyone who engages in journalism history and will play an important role in shaping future research on this subject....[Slauter's] scholarship is a tour de force that has set the agenda for how to approach this essential and timely topic."—Stephan Pigeon, Victorian Periodicals Review

Read more less

Book SynopsisThis remarkable collection of letters reveals the debate over universal human rights. Prominent mid-twentieth-century intellectuals and leaders—including Gandhi, T.S. Eliot, W.H. Auden, Aldous Huxley, Jawaharlal Nehru, and Arnold Schoenberg—engaged 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 1947–48 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 universality of human rights. In collecting, annotating, and analyzing these responses, including letters and responses that were omitted and polite refusals to respond, Mark Goodale shows that the UNESCO human rights survey was much less than supposed, but also much more. In many ways, the intellectual struggles, moral questions, and ideological doubts among the different participants who both organized and responded to the survey reveal a strikingly critical and contemporary orientation, raising similar questions at the center of current debates surrounding human rights scholarship and practice. This volume contains letters and survey responses from Jacques Havet, Jacques Maritain, Arnold J. Lien, Richard P. Mckeon, Quincy Wright, Levi Carneiro, Arthur H. Compton, Charles E. Merriam, Lewis Mumford, E. H. Carr, John Lewis, Harold J. Laski, Serge Hessen, John Somerville, Boris Tchechko, Luc Somerhausen, Hyman Levy, Ture Nerman, R. Palme Dutt, Maurice Dobb, Pierre Teilhard De Chardin, Marcel De Corte, Pedro Troncoso Sánchez, Mahatma Gandhi, Chung-Shu Lo, Kurt Riezler, Inocenc Arnošt Bláha, Hubert Frère, M. Nicolay, W. Albert Noyes, Jr., Aldous Huxley, Ralph W. Gerard, Johannes M. Burgers, Humayun Kabir, A. P. Elkin, S. V. Puntambekar, Leonard Barnes, Benedetto Croce, Jean Haesart, F. S. C. Northrop, Peter Skov, Emmanuel Mounier, Maurice Webb, John Macmurray, Julius Moór, L. Horváth, Alfred Weber, Don Salvador De Madariaga, Frank R. Scott, Jawaharlal Nehru, Margery Fry, Isaac Leon Kandel, René Maheu, Albert Szent-Györgyi, Morris L. Ernst, Arnold Schoenberg, W. H. Auden, Melville Herskovits, Theodore Johannes Haarhoff, Ernest Henry Burgmann, Herbert Read, and T. S. Eliot.Trade 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

Read more less

Book SynopsisYou can't copyright facts, but is news a category unto itself? Without legal protection for the "ownership" of news, what incentive does a news organization have to invest in producing quality journalism that serves the public good? This book explores the intertwined histories of journalism and copyright law in the United States and Great Britain, revealing how shifts in technology, government policy, and publishing strategy have shaped the media landscape. Publishers have long sought to treat news as exclusive to protect their investments against copying or "free riding." But over the centuries, arguments about the vital role of newspapers and the need for information to circulate have made it difficult to defend property rights in news. Beginning with the earliest printed news publications and ending with the Internet, Will Slauter traces these countervailing trends, offering a fresh perspective on debates about copyright and efforts to control the flow of news. Trade Review"This history of the idea and practice of trying to control news by treating it as intangible property is an important and hugely timely work—brilliantly researched and presented with real sophistication."—Lionel Bently, University of Cambridge"Who Owns the News? is a meticulous and fascinating history of attempts over four centuries to copyright news, but it is also much more than that. Will Slauter has given us a commercial history of journalism, which demonstrates that news is a public good that always needs to be embedded in a set of favorable arrangements in order to survive. It is a useful corrective to today's bromides about the promise of new forms of market support for news, at a time when its economic base has severely eroded."—Nicholas Lemann, Columbia Journalism School"A gripping tale, mixing the high principle of Supreme Court opinions with the low subterfuge of editors concocting fake news to expose pilfering rivals. At a moment of peril for both the news industry and the culture that depends on it, there could be no better demonstration of our need for a historical perspective on the most pressing issue of our time."—Adrian Johns, University of Chicago"Slauter spins stories of information-gatherers who bundled [the news], monetized it and tried (by means legal and extralegal) to protect their hard-earned labors. Who Owns the News weaves these strands into a magnificent narrative....Who Owns the News? is an entertaining and well-written reminder of the need to examine the history and first principles of copyright."—Raymond J. Dowd, New York Law Journal"This is a well-written, thoughtful book, demonstrating how copyright law has struggled to keep up with the development of news culture, setting out the historical context in great detail and supported by much research, and with interesting conclusions and predictions for the future. It is unreservedly recommended."—Charles Oppenheim, European Intellectual Property Review"[Slauter's] gripping history, which stretches over four centuries of the development of claims to legal control of news, refuses to succumb to simplistic or monolithic accounts....Slauter weaves an account rich in both details and perspectives. One finds in it a masterful synthesis of law, technological development, political context and ideals, economic practices, and the everyday norms of people working in the relevant industries."—Oren Bracha, Critical Analysis of Law"[It] would be a mistake to underestimate either the ambition or the accomplishments of Who Owns the News? By pursuing copyright questions that arose in contests to profit from news, Slauter (as he says) 'sheds light on the history of both.' The wisdom of this polynomial approach to history—solving for two variables at once—lies in the way it avoids consolidating either of its objects arbitrarily in light of what eventually happened, in order to see them in ongoing relation with one another."—Lisa Gitelman, Critical Analysis of Law"Slauter's thoughtful and detailed narrative of the battle among newspaper publishers to secure legal and other protection for their work product is inseparable from questions about what it means for something to be "news" in the first place—and, indeed, whether "journalism" is something different from 'news'....Slauter's carefully researched history doesn't put this question at its center, but it is certainly an undercurrent."—Laura A. Heymann, Critical Analysis of Law"A history of how copyright got to be property risks being a just-so story, per Kipling: a careful arrangement of moments suggesting that the result could not be other than it is. Who Owns the News?, Will Slauter's excellent account of copyright conflicts through history...nicely avoids that trap. The law of the news is a messy affair, like the news itself, and Slauter navigates its history elegantly."—Michael J. Madison, Critical Analysis of Law"With striking contemporary relevance, Who Owns the News? explores what happens when those involved in timely fact-based publishing, or news information, pursue copyright....Rather than providing a set of solutions to the strange time for truth that consumers of information find themselves in, Who Owns the News provides a history of copyright that gives readers an extensive and accessible story of possible paths to take, alongside ones to avoid."—Nora Slonimsky, Critical Analysis of Law"Slauter's work...can help us recognize the role that law and legal history play in structuring the political economy of copying....[It helps] us understand why permanent answers to copyright issues are, and will likely remain, elusive."—David Suisman, Reviews in American History"Who Owns the News? will be indispensable reading for anyone who engages in journalism history and will play an important role in shaping future research on this subject....[Slauter's] scholarship is a tour de force that has set the agenda for how to approach this essential and timely topic."—Stephan Pigeon, Victorian Periodicals Review

Read more less

Book SynopsisGold Medal (tie) in the 2022 Independent Publisher Book Awards (IPPYs) - History (U.S.) Category. A rich account of 1920s to 1950s New York City, starring an eclectic mix of icons like James Joyce, Margaret Sanger, and Alfred Kinsey—all led by an unsung hero of free expression and reproductive rights: Morris L. Ernst. At the turn of the twentieth century, the United States was experiencing an awakening. Victorian-era morality was being challenged by the introduction of sexual modernism and women's rights into popular culture, the arts, and science. Set during this first sexual revolution, when civil libertarian-minded lawyers overthrew the yoke of obscenity laws, Dirty Works focuses on a series of significant courtroom cases that were all represented by the same lawyer: Morris L. Ernst. Ernst's clients included a who's who of European and American literati and sexual activists, among them Margaret Sanger, James Joyce, and Alfred Kinsey. They, along with a colorful cast of burlesque-theater owners and bookstore clerks, had run afoul of stiff obscenity laws, and became actors in Ernst's legal theater that ultimately forced the law to recognize people's right to freely consume media. In this book, Brett Gary recovers the critically neglected Ernst as the most important legal defender of literary expression and reproductive rights by the mid-twentieth century. Each chapter centers on one or more key trials from Ernst's remarkable career battling censorship and obscenity laws, using them to tell a broader story of cultural changes and conflicts around sex, morality, and free speech ideals. Dirty Works sets the stage, legally and culturally, for the sexual revolution of the 1960s and beyond. In the latter half of the century, the courts had a powerful body of precedents, many owing to Ernst's courtroom successes, that recognized adult interests in sexuality, women's needs for reproductive control, and the legitimacy of sexual inquiry. The legacy of this important, but largely unrecognized, moment in American history must be reckoned with in our contentious present, as many of the issues Ernst and his colleagues defended are still under attack eight decades later.Trade Review"This impressive book sheds new light on the entangled, ages-old relationship of law, progress, and morality. Brett Gary has written a compelling tour de force."—Nadine Strossen, former president, American Civil Liberties Union"Attorney Morris Ernst relentlessly pursued a mission to secure legal protection for sexual expression. Gary recounts legal strategies and courtroom dramas in an original and important work, both authoritative and compelling."—Michael Schudson, Columbia University"Gary brilliantly resurrects the stirring histories of those who championed the censorial cause with brutish force and those who battled against it with exemplary determination. This engagingly written and thoroughly remarkable book provides a salutary lesson of what can go wrong when the eyes of beholders are closed."—Ronald K.L. Collins, co-author of We Must not be Afraid to be Free and editor of First Amendment News"In this well-researched, beautifully written book, Gary provides a compelling account of the struggles over censorship, sex, and morality in an age of explosive technological, economic, and social change. This is a fascinating story that opens up new perspectives on the changing status of women and the sexual revolution of the 60s and 70s."—Janice Radway, Northwestern University"How did sexual freedom become the law? In this marvelous history, Brett Gary returns to the sexual revolution of the early 20th century and introduces us to the long-forgotten courtroom hero, Morris Leopold Ernst. If you think you know who broke the chain of Victorian sexuality, this book will make you think again."—Fred Turner, author of The Democratic Surround"Brett Gary offers an original, insightful, and compelling analysis of the evolution of American obscenity law. As Morris Ernst himself put the point, his work was a project of 'sex enlightenment' that enriched our nation's commitment to individual liberty."—Geoffrey R. Stone, The University of Chicago"Brett Gary's study of censorship in the modern U.S. is 'a study of progress.' Gary shows in great detail that struggles over pornography and birth control are part of a checkered, but ultimately noble history of the advance of 'the right to be an informed, educated, free sexual being.'"—Francis G. Couvares, Amherst College"An important book about a neglected figure in the fight for reproductive rights and freedom of expression."—Kirkus"Readers will appreciate the thoroughness and accessibility of this deeply researched account."—Publishers Weekly"[R]eaders interested in 20th-century U.S. history, civil liberties litigation, Ernst and his legal colleagues, birth control, or the cultural basis of obscenity laws will find this book worthwhile."—Mark Jones, Library Journal"Dirty Worksis meticulously researched, including careful attention to primary documents, and we can see a deep enthusiasm for archival exploration throughout the book. Thanks to the author's diligence, readers will find a wealth of new information... The book is incredibly thorough, and anyone working on this period in obscenity law will want to consult its pages."—Jordan S. Carroll, Criminal Law & Criminal Justice BooksTable of Contents1. Moral Guardians and Sexual Modernists 2. Fighting for Sexual Education: Mary Ware Dennett Versus Postal Power 3. Women's Right to Sexual Pleasure: Marie Stopes Versus Customs Authority 4. The Taboo of Inversion: Radclyffe Hall and Literary Censorship 5. The Vomit School of Literature: Fighting Censorship in New York City 6. Defending Literary Genius: James Joyce's Ulysses on Trial 7. Battles for Birth Control: Margaret Sanger and the Moral Authority of Doctors 8. The Allure of the Erotic: Alfred Kinsey and Sexual Science, 1947–1957 Conclusion: From the First to the Second Sexual Revolution Epilogue: Morris Ernst's Complicated Legacy

Read more less

Book SynopsisThe rural county of Poyang, lying in northern Jiangxi Province, goes largely unmentioned in the annals of modern Chinese history. Yet records from the Public Security Bureau archive hold a treasure trove of data on the every day interactions between locals and the law. Drawing on these largely overlooked resources, Tiger, Tyrant, Bandit, Businessman follows four criminal cases that together uniquely illuminate the dawning years of the People's Republic. Using a unique casefile approach, Brian DeMare recounts stories of a Confucian scholar who found himself allied with bandits and secret society members; a farmer who murdered a cadre; an evil tyrant who exploited religious traditions to avoid prosecution; and a merchant accused of a crime he did not commit. Each case is a tremendous tale, complete with memorable characters, plot twists, and drama. And while all depict the enemies of New China, each also reveals details of village life during this most pivotal moment of recent Chinese history. Together, the narratives bring rural regime change to life, illustrating how the Chinese Communist Party cemented its authority through mass political campaigns, careful legal investigations, and sheer patience. Balancing storytelling with historical inquiry, this book is at once a grassroots view of rural China's legal system and its application to apparent counterrevolutionaries, and a lesson in archival research itself.Trade Review"Written in a lively and accessible style, each chapter presents a skillfully crafted and entertaining narrative of events triggered by the PRC party-state's efforts to intervene in one Chinese local society during the early 1950s. A valuable addition to the field."—Micah Muscolino, University of California, San Diego"Through masterful and transparent close readings of criminal cases from the Chinese countryside,Tiger, Tyrant, Bandit, Businessman models the practice of archival research as detective work. The book not only provides a lively portrait of a period and place in contemporary Chinese history, but also offers a marvelous introduction to the historian's craft for student researchers regardless of field."—Tobie Meyer-Fong, Johns Hopkins University"In this Le Carré-esquely titled gem, DeMare exploits a unique cache of criminal case files to document the impact that regime change had on the lives of four individuals suspected of 'counterrevolution.' Carefully crafted with an impressive capacity to develop narrative scope and intensity, the outcome is remarkable and riveting grassroots history at its best."—Michael Schoenhals, Lund UniversityTable of ContentsThe Setting: The County by the Lake 1. Casefile 1: Bandits, Big Swords, and the Rebel Scholar 2. Casefile 2: Big Tiger, Tyrant of the Mountain 3. Casefile 3: The Case of the Bodhisattva Society 4. Casefile 4: Merchant Zha Goes to Court A Few More Words in Closing

Read more less

Book SynopsisFor more than century before World War II, traders, merchants, financiers, and laborers steadily moved between places on the Indian Ocean, trading goods, supplying credit, and seeking work. This all changed with the war and as India, Burma, Ceylon, and Malaya wrested independence from the British empire. Set against the tumult of the postwar period, Boats in a Storm centers on the legal struggles of migrants to retain their traditional rhythms and patterns of life, illustrating how they experienced citizenship and decolonization. Even as nascent citizenship regimes and divergent political trajectories of decolonization papered over migrations between South and Southeast Asia, migrants continued to recount cross-border histories in encounters with the law. These accounts, often obscured by national and international political developments, unsettle the notion that static national identities and loyalties had emerged, fully formed and unblemished by migrant pasts, in the aftermath of empires. Drawing on archival materials from India, Sri Lanka, Myanmar, London, and Singapore, Kalyani Ramnath narrates how former migrants battled legal requirements to revive prewar circulations of credit, capital, and labor, in a postwar context of rising ethno-nationalisms that accused migrants of stealing jobs and hoarding land. Ultimately, Ramnath shows how decolonization was marked not only by shipwrecked empires and nation-states assembled and ordered from the debris of imperial collapse, but also by these forgotten stories of wartime displacements, their unintended consequences, and long afterlives.Trade Review"Ramnath offers a rich rethinking of the seismic shifts in governance and citizenship that accompanied war and decolonization in South and Southeast Asia. She shifts our gaze from official narratives, written from the perspective of politicians and diplomats, to the experience of the everyday subjects who had for generations made the interconnected shores of the Bay of Bengal their homes. A marvel of archival research and storytelling, Ramnath breathes life into dusty, crumbling records of legal disputes to reconstruct deeply moving tales of human separation and suffering, but also resilience and bravery."—Julia Stephens, Rutgers University"Boats in a Storm provides a moving and ethnographic panorama of people caught in the midst of changing contortions of nation, citizenship and borders in the era of decolonization. It tracks personal displacements and disputes, through tax, inheritance and remittance, and shows the everyday dilemmas that shot through people's lives. In place of diplomacy or high politics, we are left with the granular in comprehending jurisdictional demarcations that have potent afterlives to the present, for violent structures of statelessness, nationalism or for conflicts and authoritarianism that followed in later-twentieth century Sri Lanka, Burma, India or Malaysia."—Sujit Sivasundaram, University of Cambridge"Boats in a Storm is a magnificent contribution to the history of law and displacement in the Indian Ocean. Using a rich legal archive, Kalyani Ramnath shows us the history of decolonization in a new light through this astonishingly detailed picture of the loss suffered by migrants who found their itineraries interrupted by new borders and new jurisdictions. This is a spectacularly accomplished and insightful book!"—Sunil Amrith, Yale University"In her beautifully written book Boats in a Storm, Kalyani Ramnath scrutinises a plethora of archived legal accounts, memoirs, and administrative records to reconstruct the multiple migratory destinies of Indian migrants in Burma and Malaya after the Japanese occupation in 1942."—Antje Missbach, Journal of Current Southeast Asian Affairs"Ramnath's book deserves a wide readership because the issues that she discusses around the disruptive histories of decolonization and state formation, border-making and citizenship, as well as the experiences and narration of displacement, have a wide resonance. I recommend this model study unreservedly."—Peter Gatrell, European Review of HistoryTable of ContentsIntroduction: Boats in a Storm 1. 1942 2. Banana Money 3. Partnership Deeds 4. Application Forms 5. Women Who Wait 6. Red Flags 7. 1962 Conclusion: An Uneasy Calm

Read more less

Book SynopsisWith a history marked by incompetence, political maneuvering, and secrecy, America's "most humane" execution method is anything but. From the beginning of the Republic, this country has struggled to reconcile its use of capital punishment with the Constitution's prohibition of cruel punishment. Death penalty proponents argue both that it is justifiable as a response to particularly heinous crimes, and that it serves to deter others from committing them in the future. However, since the earliest executions, abolitionists have fought against this state-sanctioned killing, arguing, among other things, that the methods of execution have frequently been just as gruesome as the crimes meriting their use. Lethal injection was first introduced in order to quell such objections, but, as Austin Sarat shows in this brief history, its supporters' commitment to painless and humane death has never been certain. This book tells the story of lethal injection's earliest iterations in the United States, starting with New York state's rejection of that execution method almost a century and half ago. Sarat recounts lethal injection's return in the late 1970s, and offers novel and insightful scrutiny of the new drug protocols that went into effect between 2010 and 2020. Drawing on rare data, he makes the case that lethal injections during this time only became more unreliable, inefficient, and more frequently botched. Beyond his stirring narrative history, Sarat mounts a comprehensive condemnation of the state-level maneuvering in response to such mishaps, whereby death penalty states adopted secrecy statutes and adjusted their execution protocols to make it harder to identify and observe lethal injection's flaws. What was once touted as America's most humane execution method is now its most unreliable one. What was once a model of efficiency in the grim business of state killing is now marked by mayhem. The book concludes by critically examining the place of lethal injection, and the death penalty writ large, today. Trade Review"This book does more to unmask lethal injection's everyday cruelty than any other book that I know. Sarat writes with clarity and compassion, and anyone interested in justice would be well advised to read his words."—Sister Helen Prejean, author of Dead Man Walking"Macabre and painstakingly detailed, this book puts to rest any illusions that lethal injection is clean, safe or painless. This little book doesn't let us get away with abstract debates and intellectual complacency. It lands like a gut punch."—Congressman Jamie Raskin (MD-8),"This enormously readable book uncovers the troubled history and failed promise of lethal injection, and is sure to help change our national conversation about capital punishment."—Harlan Coben, #1 New York Times-bestselling author"Sarat vividly delineates the historical, social, legal, and ideological forces governing capital punishment and their implications and ramifications for individuals, the criminal justice system, and society. In a highly charged political era, this book is a timely education in capital punishment, executions, law, race relations, and social and legal reform—a must-read for all people interested in better understanding the application of the death penalty and those vested in positive transformation. Highly recommended."—M. G. Urbina, CHOICE"Lethal Injection and the False Promise of Humane Executionchronicles a significant, comprehensive, and insightful analysis of the history and evolutionary process of lethal injection executions in the United States, as well as the false promise of the perceived humanity of this method of execution. This ground-breaking book provides a thoughtful analysis including: the origins of lethal injection in this country, collapse of the original protocol of three-drugs (at issue in theBaze v. Reescase), a decade of botched executions from 2010-2020, state responses to these flagrant errors, and implications for futile reform and the future of capital punishment itself."—Talia Roitberg Harmon, Criminal Law and Criminal Justice BooksTable of Contents1. One Week in the World of Lethal Injection 2. The Origins of Lethal Injection 3. The Collapse of the Original Paradigm 4. A Decade of Mishaps 5. State Responses 6. Failure, Reform, and the Future

Read more less

Book SynopsisFor more than century before World War II, traders, merchants, financiers, and laborers steadily moved between places on the Indian Ocean, trading goods, supplying credit, and seeking work. This all changed with the war and as India, Burma, Ceylon, and Malaya wrested independence from the British empire. Set against the tumult of the postwar period, Boats in a Storm centers on the legal struggles of migrants to retain their traditional rhythms and patterns of life, illustrating how they experienced citizenship and decolonization. Even as nascent citizenship regimes and divergent political trajectories of decolonization papered over migrations between South and Southeast Asia, migrants continued to recount cross-border histories in encounters with the law. These accounts, often obscured by national and international political developments, unsettle the notion that static national identities and loyalties had emerged, fully formed and unblemished by migrant pasts, in the aftermath of empires. Drawing on archival materials from India, Sri Lanka, Myanmar, London, and Singapore, Kalyani Ramnath narrates how former migrants battled legal requirements to revive prewar circulations of credit, capital, and labor, in a postwar context of rising ethno-nationalisms that accused migrants of stealing jobs and hoarding land. Ultimately, Ramnath shows how decolonization was marked not only by shipwrecked empires and nation-states assembled and ordered from the debris of imperial collapse, but also by these forgotten stories of wartime displacements, their unintended consequences, and long afterlives.Trade Review"Ramnath offers a rich rethinking of the seismic shifts in governance and citizenship that accompanied war and decolonization in South and Southeast Asia. She shifts our gaze from official narratives, written from the perspective of politicians and diplomats, to the experience of the everyday subjects who had for generations made the interconnected shores of the Bay of Bengal their homes. A marvel of archival research and storytelling, Ramnath breathes life into dusty, crumbling records of legal disputes to reconstruct deeply moving tales of human separation and suffering, but also resilience and bravery."—Julia Stephens, Rutgers University"Boats in a Storm provides a moving and ethnographic panorama of people caught in the midst of changing contortions of nation, citizenship and borders in the era of decolonization. It tracks personal displacements and disputes, through tax, inheritance and remittance, and shows the everyday dilemmas that shot through people's lives. In place of diplomacy or high politics, we are left with the granular in comprehending jurisdictional demarcations that have potent afterlives to the present, for violent structures of statelessness, nationalism or for conflicts and authoritarianism that followed in later-twentieth century Sri Lanka, Burma, India or Malaysia."—Sujit Sivasundaram, University of Cambridge"Boats in a Storm is a magnificent contribution to the history of law and displacement in the Indian Ocean. Using a rich legal archive, Kalyani Ramnath shows us the history of decolonization in a new light through this astonishingly detailed picture of the loss suffered by migrants who found their itineraries interrupted by new borders and new jurisdictions. This is a spectacularly accomplished and insightful book!"—Sunil Amrith, Yale University"In her beautifully written book Boats in a Storm, Kalyani Ramnath scrutinises a plethora of archived legal accounts, memoirs, and administrative records to reconstruct the multiple migratory destinies of Indian migrants in Burma and Malaya after the Japanese occupation in 1942."—Antje Missbach, Journal of Current Southeast Asian Affairs"Ramnath's book deserves a wide readership because the issues that she discusses around the disruptive histories of decolonization and state formation, border-making and citizenship, as well as the experiences and narration of displacement, have a wide resonance. I recommend this model study unreservedly."—Peter Gatrell, European Review of HistoryTable of ContentsIntroduction: Boats in a Storm 1. 1942 2. Banana Money 3. Partnership Deeds 4. Application Forms 5. Women Who Wait 6. Red Flags 7. 1962 Conclusion: An Uneasy Calm

Read more less

Book SynopsisCircumventing the Law probes the rabbinic logic behind the use of loopholes, the legal phenomenon of finding and using gaps within law to achieve otherwise illegal outcomes. The logic of ha’aramah, a subset of rabbinic legal circumventions mostly defined as a tool for private life, underpins both well-known circumventions, such as selling leaven before Passover, and lesser-known mechanisms, such as designating an animal intended for sacrifice “blemished” before birth to allow it to be slaughtered for food instead. Elana Stein Hain traces the development of these loopholes over time, revealing that rabbinic literature does not consistently accept or reject loopholes. Instead, rabbinic Judaism applies categories of evasion (prohibited), avoidance (permitted), and avoision (contested) to loopholes on a case-by-case basis. The intended outcome of a given loophole determines its classification, as does the legal integrity of the circumventive process in question. Yet these understandings of loopholes are not static—instead, rabbinic attitudes toward loopholing change over time. Early works display an objective, performative understanding of the self and of intention, but evolve over time to reflect more subjective and intimate understanding of the self and intention. This evolution redefines what legal integrity means in Jewish legal philosophy. Circumventing the Law brings readers through the Second Temple period to the modern era to see how loopholing has evolved over millennia. With a focus on late antiquity, Stein Hain explores tannaitic literature, the Palestinian Talmud, and contemporaneous Greco-Roman and Persian thought to show that when warranted, Jewish rhetoric and philosophy around understandings of loopholes was a unique phenomenon that relied on changes in understanding the definition of integrity itself, a key finding for scholars of Jewish Studies and of religious and of secular law writ large.Trade Review"More than a historical and comparative phenomenology of rabbinic legal ‘loopholes,’ this conceptually sophisticated and beautifully written volume offers a fascinating exploration of the role of values, intention, and subjectivity in classical rabbinic jurisprudence and exposes the paradoxical faithfulness behind the circumvention of divine law." * Christine Hayes, author of What's Divine About Divine Law: Early Perspectives *"Elana Stein Hain offers a provocative and persuasive reading of early rabbinic techniques for circumventing the law that immeasurably enriches our understanding of the early rabbinic worldview and invites readers to reconsider how our varying understandings of human nature shape legal rules from within." * Suzanne Last Stone, Yeshiva University *

Read more less

Book Synopsis

Read more less

Book SynopsisIn The Supreme Court under Morrison R. Waite, 1874-1888, Paul Kens provides a history of the Court during a time that began in the shadow of the Civil War and ended with America on the verge of establishing itself as an industrial world power. Morrison R. Waite (1816-1888) led the Court through a period that experienced great racial violence and sectional strife. At the same time, a commercial revolution produced powerful new corporate businesses and, in turn, dissatisfaction among agrarian and labor interests. The nation was also consolidating the territory west of the Mississippi River, an expansion often marred with bloodshed and turmoil. It was an era that strained America's thinking about the purpose, nature, and structure of government and ultimately about the meaning of the constitution.Challenging the conventional portrayal of the Waite Court as being merely transitional, Kens observes that the majority of these justices viewed themselves as guardians of tradition. Even while facing legal disputes that grew from the drastic changes in post-Civil War America's social, political, and economic order, the Waite Court tended to look backward for its cues. Its rulings on issues of liberty and equality, federalism and the powers of government, and popular sovereignty and the rights of the community were driven by constitutional traditions established prior to the Civil War. This is an important distinction because the conventional portrayal of this Court as transitional leaves the impression that later changes in legal doctrine were virtually inevitable, especially with respect to the subjects of civil rights and economic regulation. By demonstrating that there was nothing inevitable about the way constitutional doctrine has evolved, Kens provides an original and insightful interpretation that enhances our understanding of American constitutional traditions as well as the development of constitutional doctrine in the late nineteenth century.

Read more less

Book Synopsis

Read more less

Book SynopsisLewis M. Steel, born a Warner Brothers' grandson, inherited a life of privilege, access, and opportunity. With every option available, he chose a life of purpose, spending more than fifty years as a no-holds-barred civil rights lawyer whose victories set legal precedents still relevant today. In The Butler's Child, Steel explores the important role race played in his upbringing, anchored by his relationship with the family's African American butler, and why this attorney has devoted his life to pursuing racial justice.This insightful life story chronicles his close relationship with Robert L. Carter, his mentor and extraordinary NAACP general counsel. Steel was there during the Attica uprising, represented innocent African Americans in front-page murder cases, and played a central role in the evolution of civil rights law from the height of the movement to landmark cases in the decades that followed. The Butler's Child provides an insider's look at some of these emotion-packed, hard-fought trials and decisions from the 1960s to the present by an attorney still working to advance rights that should be available to all.

Read more less

Book SynopsisHave you ever wondered what it's like to argue before the Supreme Court of the United States?In this poignant and compelling memoir, Lisa Sarnoff Gochman captures the terror, wonder, and joy of preparing for and arguing a landmark criminal case before the nine justices of the US Supreme Court in Washington, DC. At the Altar of the Appellate Gods traces the arc of a violent, racially motivated crime by white supremacist Charles C. Apprendi Jr. in rural Vineland, New Jersey, through the New Jersey state court system, and all the way up to the Supreme Court, where Gochman defended the constitutionality of New Jersey's Hate Crime Statute before a very hot bench. Gochman went head-to-head with Justice Antonin Scalia, fielded tough questions from Justice Ruth Bader Ginsburg, and strolled down memory lane with Justice Sandra Day O'Connor. Told with grace and humor, At the Altar of the Appellate Gods will interest anyone who is curious about the inner workings of our court system and what it is really like to bring a case before the highest court in the country.Trade ReviewLisa Gochman tells the story of her one argument before the US Supreme Court with warmth, humor, and a dose of well-earned pride. Here is a rare glimpse of life at the court—not on the bench but in front of it—that even experienced court-watchers will find illuminating. -- Linda Greenhouse, author of Justice on the Brink: The Death of Ruth Bader GinsburgAn entertaining and informative look at the challenges facing a lawyer making her first argument before the Supreme Court—in what turns out to be one of the most important criminal law cases of the decade. At the Altar of the Appellate Gods shows not just the legal side, but also the human side, of this once-in-a-lifetime experience. -- Dan SchweitzerThe rarefied lawyers who argue before the US Supreme Court often call it the pinnacle of their appellate careers. But they rarely talk about the arduous, intense, nerve-racking, drop-everything steps they take to get to the lectern for a half-hour of answering a barrage of questions from the nine most important jurists in the nation. In a book that every appellate lawyer or Supreme Court aficionado should read, Lisa Sarnoff Gochman has pulled back the velvet curtain of the court to reveal what it is really like to argue before the Supreme Court. Gochman, currently of counsel at Monmouth County Prosecutor's Office in New Jersey, argued 22 years ago in Apprendi v. New Jersey, an important criminal law case ruling that juries, not judges should decide when factors increase the penalty for a crime. Her book, At the Altar of the Appellate Gods: Arguing Before the US Supreme Court, is frank, funny, and a page-turner at times as Gochman vividly spells out the inside details leading up to oral argument day. An example: lawyers about to argue waited at the Lawyer's Lounge, where the clerk of the court offered advice on what to do and not do (such as don't call a justice 'judge'). They were also offered cough drops, aspirin, Band-Aids, and yes, smelling salts, of all things. "I was comforted to know that fainting in the United States Supreme Court was not unprecedented," she wrote. Oyez, oyez, read this book! -- Tony Mauro, Supreme Court journalist for 43 years and author of several books about the court's landmark casesNo 'dehydrated peach' of a legal treatise or trial transcript here! At the Altar of the Appellate Gods takes us on one woman's colossal roller coaster ride of presenting argument at the United States Supreme Court in the landmark hate-crime sentencing case of Apprendi v. New Jersey. Through Lisa Gochman's vivid and candid account, we're on the white-knuckled ride with her—cheering her hard work and successes while commiserating with her self-doubts and tribulations—and come away better understanding our judicial system. A great read for lawyers, law students, and anyone interested in the appellate process. -- Marlene Trestman, author of Fair Labor Lawyer:The Remarkable Life of New Deal Attorney and Supreme Court Advocate Bessie MargolinLisa Gochman's excellent memoir about her argument before the United States Supreme Court is lively, engaging, funny, warm, and kind. Her well-paced book adeptly weaves together the personal and professional parts of the story. The writing is admirably clear—accurate for the legal or even specialist reader yet accessible to anyone. -- Edward DuMont, Supreme Court litigatorLegal-minded readers and SCOTUS watchers will enjoy the author's account of her brief spell in the lion's den. * Kirkus Reviews *At the At the Altar of the Appellate Gods: Arguing before the US Supreme Court, tells the story of how the experience of arguing Apprendi made a lasting impact on one of the attorneys. . . . At slightly under 200 pages (including endnotes) At the Altar of the Appellate Gods is a fast-paced, behind-the-scenes account of Gochman's preparation for oral argument culminating in that monumental day in front of the nine justices. She is by turns reverent and irreverent, sometimes self-deprecating, but always cognizant of her responsibility to the State of New Jersey and ultimately, the family who were victimized by Apprendi. -- Elizabeth Kelley * ABA Criminal Justice Section Newsletter *Table of ContentsAcknowledgmentsPrologueChapter 1Chapter 2Chapter 3Chapter 4Chapter 5Chapter 6Chapter 7Chapter 8Chapter 9Chapter 10Chapter 11Chapter 12Chapter 13Chapter 14Chapter 15Chapter 16Chapter 17Chapter 18Chapter 19Chapter 20Chapter 21Chapter 22Chapter 23

Read more less

Book SynopsisA nation often amends its laws during war, not least to regulate life at home. Yet few historians have considered the impact of law on everyday lives in Australia during the Great War.In this original book, lawyer and historian Catherine Bond breathes life into the laws that were central to the way that people’s daily lives were managed in Australia 1914–18. Riveting and at times shocking, it argues that in First World War Australia, law perpetuated a form of tyranny in the name of victory in war.Bond finds that law was used as a tool against many Australians to discriminate, oppress, censor and deprive them of property, liberty and basic human rights. This legal regime created a deep injustice that, for the most part, has remained undocumented and unacknowledged.The book examines and documents individual experiences under the law, so we meet: The men who wrote the laws A police officer who enforced the law Two men interned under the law Two female protesters who were gaoled under the law A man imprisoned multiple times then deported Three men who were discriminated against by the law Two men who benefitted from the law Many infamous laws were used during this period, including the War Precautions Act (and its myriad regulations) and the Unlawful Associations Act. Engaging and informative, this book holds those who wrote the laws to account, exposing the sheer breadth and impact of this wartime legal regime, some of which is still in force to this day.

Read more less

Book SynopsisCanada's Legal Pasts presents new essays on a range of topics and episodes in Canadian legal history, provides an introduction to legal methodologies, shows researchers new to the field how to locate and use a variety of sources, and includes a combined bibliography arranged to demonstrate best practices in gathering and listing primary sources. It is an essential welcome for scholars who wish to learn about Canada's legal pasts - and why we study them. Telling new stories - about a fishing vessel that became the subject of an extraordinarily long diplomatic dispute, young Northwest Mounted Police constables subject to an odd mixture of police discipline and criminal procedure, and more, this book presents the vibrant evolution of Canada's legal tradition. Explorations of primary sources, including provincial archive records that suggest how Quebec courts have been used in interfamilial conflict, newspaper records that disclose the details of bigamy cases, and penitentiary records that reveal the details of the lives and legal entanglements of Canada's most marginalized people, show the many different ways of researching and understanding legal history. This is Canadian legal history as you've never seen it before. Canada's Legal Pasts dives into new topics in Canada's fascinating history and presents practical approaches to legal scholarship, bringing together established and emerging scholars in collection essential for researchers at all levels.Table of Contents Foreword: A Student's Take on Canada's Legal Pasts Nick Austin Introduction: Canada's Legal Pasts: Looking Forward, Looking Back Ted McCoy, Lyndsay Campbell, Mélanie Méthot Part I: Illuminating Cases Family Defamation in Quebec: The View from the Archives Eric H. Reiter Writing Penitentiary History Ted McCoy Analyzing Bigamy Cases without Archival Records: It Is Possible Mélanie Méthot Trial Pamphlets and Newspaper Accounts Lyndsay Campbell The Last Voyage of the Frederick Gerring, Jr Christopher Shorey The Textbook Edition of Kent's Commentaries Used in the Gerring Angela Fernandez Part II: Exploring Systems Empire's Law: Archives and the Judicial Committee of the Privy Council Catharine MacMillan Practising Law in the ""Lawyerless"" Colony of New France Alexandra Havrylyshyn Poursuivre son mari en justice au Bas-Canada: femmes mariées et coutume de Paris devant la cour du Banc du roi (1795-1830) Jean-Philippe Garneau Getting Their Man: The NWMP as Accused in the Territorial Criminal Court in the Canadian North-West, 1876-1905 Shelley A.M. Gavigan Part III: Writing Legal History: Past, Present and Future Sex Discrimination in Law: From Equal Citizenship to Human Rights Law Dominique Clément Legal-Historical Writing for the Canadian Prairies: Past, Present, Future Louis A. Knafla Primary source bibliography Secondary source bibliography Contributors Index

Read more less

Book SynopsisCanada's Legal Pasts presents new essays on a range of topics and episodes in Canadian legal history, provides an introduction to legal methodologies, shows researchers new to the field how to locate and use a variety of sources, and includes a combined bibliography arranged to demonstrate best practices in gathering and listing primary sources. It is an essential welcome for scholars who wish to learn about Canada's legal pasts-and why we study them.Telling new stories-about a fishing vessel that became the subject of an extraordinarily long diplomatic dispute, young Northwest Mounted Police constables subject to an odd mixture of police discipline and criminal procedure, and more-this book presents the vibrant evolution of Canada's legal tradition. Explorations of primary sources, including provincial archival records that suggest how Quebec courts have been used in interfamilial conflict, newspaper records that disclose the details of bigamy cases, and penitentiary records that reveal the details of the lives and legal entanglements of Canada's most marginalized people, show the many different ways of researching and understanding legal history.This is Canadian legal history as you've never seen it before. Canada's Legal Pasts dives into new topics in Canada's fascinating history and presents practical approaches to legal scholarship, bringing together established and emerging scholars in collection essential for researchers at all levels.Table of Contents Foreword: A Student's Take on Canada's Legal Pasts, Nick Austin Introduction: Canada's Legal Pasts: Looking Forward, Looking Back, Ted McCoy, Lyndsay Campbell, Mélanie Méthot Part I: Illuminating Cases Family Defamation in Quebec: The View from the Archives, Eric H. Reiter Writing Penitentiary History, Ted McCoy Analyzing Bigamy Cases without Archival Records: It Is Possible, Mélanie Méthot Trial Pamphlets and Newspaper Accounts, Lyndsay Campbell The Last Voyage of the Frederick Gerring, Jr, Christopher Shorey The Textbook Edition of Kent's Commentaries Used in the Gerring, Angela Fernandez Part II: Exploring Systems Empire's Law: Archives and the Judicial Committee of the Privy Council, Catharine MacMillan Practising Law in the "Lawyerless" Colony of New France, Alexandra Havrylyshyn Poursuivre son mari en justice au Bas-Canada: femmes mariées et coutume de Paris devant la cour du Banc du roi (1795-1830) , Jean-Philippe Garneau Getting Their Man: The NWMP as Accused in the Territorial Criminal Court in the Canadian North-West, 1876-1905, Shelley A.M. Gavigan Part III: Writing Legal History: Past, Present and Future Sex Discrimination in Law: From Equal Citizenship to Human Rights Law, Dominique Clément Legal-Historical Writing for the Canadian Prairies: Past, Present, Future, Louis A. Knafla Primary source bibliography Secondary source bibliography Contributors Index

Read more less

Book SynopsisThe 1911 Copyright Act, often termed the 'Imperial Copyright Act', changed the jurisprudential landscape in respect of copyright law, not only in the United Kingdom but also within the then Empire. This book offers a bird's eye perspective of why and how the first global copyright law launched a new order, often termed the 'common law copyright system'.This carefully researched and reflective work draws upon some of the best scholarship from Australia, Canada, India, Israel, Jamaica, New Zealand, Singapore, South Africa and United Kingdom. The authors - academics and practitioners alike - situate the Imperial Copyright Act 1911 within their national laws, both historically and legally. In doing so, the book queries the extent to which the ethos and legacy of the 1911 Copyright Act remains within indigenous laws.A Shifting Empire offers a unique global, historical view of copyright development and will be a valuable resource for policymakers, academic scholars and members of international copyright associations.Contributors include: T.G. Agitha, M.D. Birnhack, D. Daley, Y. Gendreau, N.S. Gopalakrishnan, N.-L.W. Loon, G. McLay, S. Ricketson, U. SuthersanenTrade Review‘An excellent resource for historians and legal scholars, as well as an instructive text for policymakers and international copyright associations, A Shifting Empire is enthusiastically recommended especially for college libraries and reference collections with a focus on copyright law.’ -- The Midwest Book ReviewTable of ContentsContents: Introduction: Albion’s Legacy? Uma Suthersanen and Ysolde Gendreau 1. The First Global Copyright Act Uma Suthersanen 2. New Zealand and the Imperial Copyright Tradition Geoff McLay 3. The Imperial Copyright Act 1911 in Australia Sam Ricketson 4. Mandatory Copyright: From Pre-Palestine to Israel, 1910–2007 Michael D. Birnhack 5. The Imperial Copyright Act 1911 and the Indian Copyright Law T.G. Agitha and N.S. Gopalakrishnan 6. The Imperial Copyright Act 1911 in Singapore: Copyright Creatures Great and Small, This Act it Made Them All Ng-Loy Wee Loon 7. Shades of Grey: Uncovering the Century Old Imperial Imprint on Jamaica’s Modern Copyright Act Dianne Daley 8. The Imperial Copyright Act 1911’s Role in Shaping South African Copyright Law Tana Pistorius 9. No Copyright Law is an Island Ysolde Gendreau Index

Read more less