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In Trying Biology, Adam R. Shapiro convincingly dispels many conventional assumptions about the 1925 Scopes OC monkeyOCO trial. Most view it as an event driven primarily by a conflict between science and religion. Countering this, Shapiro shows the importance of timing: the Scopes trial occurred at a crucial moment in ...
Trying Biology: The Scopes Trial, Textbooks, and the Antievolution Movement in American Schools
In Trying Biology, Adam R. Shapiro convincingly dispels many conventional assumptions about the 1925 Scopes OC monkeyOCO trial. Most view it as an event driven primarily by a conflict between science and religion. Countering this, Shapiro shows the importance of timing: the Scopes trial occurred at a crucial moment in the history of biology textbook publishing, education reform in Tennessee, and progressive school reform across the country. He places the trial in this broad contextOCoalongside American Protestant antievolution sentimentOCoand in doing so sheds new light on the trial and the historical relationship of science and religion in America.aaaaaaaaaaaFor the first time we see how religious objections to evolution became a prevailing concern to the American textbook industry even before the Scopes trial began. Shapiro explores both the development of biology textbooks leading up to the trial and the ways in which the textbook industry created new books and presented them as OC responsesOCO to the trial. Today, the controversy continues over textbook warning labels, making ShapiroOCOs studyOCoparticularly as it plays out in one of AmericaOCOs most famous trialsOCoan original contribution to a timely discussion.
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Most people understand property as something that is owned, a means of creating individual wealth. But in Commodity and Propriety, the first full-length history of the meaning of property, Gregory Alexander uncovers in American legal writing a competing vision of property that has existed alongside the traditional conception. Property, Alexander ...
Commodity & Propriety: Competing Visions of Property in American Legal Thought, 1776-1970
Most people understand property as something that is owned, a means of creating individual wealth. But in Commodity and Propriety, the first full-length history of the meaning of property, Gregory Alexander uncovers in American legal writing a competing vision of property that has existed alongside the traditional conception. Property, Alexander argues, has also been understood as proprietary, a mechanism for creating and maintaining a properly ordered society. This view of property has even operated in periodsOCosuch as the second half of the nineteenth centuryOCowhen market forces seemed to dominate social and legal relationships. In demonstrating how the understanding of property as a private basis for the public good has competed with the better-known market-oriented conception, Alexander radically rewrites the history of property, with significant implications for current political debates and recent Supreme Court decisions.
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If a picture is worth a thousand words, then it's a good bet that at least half of those words relate to the picture's copyright status. Art historians, artists, and anyone who wants to use the images of others will find themselves awash in byzantine legal terms, constantly evolving copyright ...
Permissions: Blunt Talk about Art as Intellectual Property: Blunt Talk about Art as Intellectual Property
If a picture is worth a thousand words, then it's a good bet that at least half of those words relate to the picture's copyright status. Art historians, artists, and anyone who wants to use the images of others will find themselves awash in byzantine legal terms, constantly evolving copyright law, varying interpretations by museums and estates, and despair over the complexity of the whole situation. Here, on a whiteOConot a highOCohorse, Susan Bielstein offers her decades of experience as an editor working with illustrated books. In doing so, she unsnarls the threads of permissions that have ensnared scholars, critics, and artists for years. Organized as a series of OC takesOCO that range from short sidebars to extended discussions, Permissions, A Survival Guide explores intellectual property law as it pertains to visual imagery. How can you determine whether an artwork is copyrighted? How do you procure a high-quality reproduction of an image? What does OC fair useOCO really mean? Is it ever legitimate to use the work of an artist without permission? Bielstein discusses the many uncertainties that plague writers who work with images in this highly visual age, and she does so based on her years navigating precisely these issues. As an editor who has hired a photographer to shoot an incredibly obscure work in the Italian mountains (a plan that backfired hilariously), who has tried to reason with artists' estates in languages she doesn't speak, and who has spent her time in the archival trenches, she offers a snappy and humane guide to this difficult terrain. Filled with anecdotes, asides, and real courage, Permissions, A Survival Guide is a unique handbook that anyone working in the visual arts will find invaluable, if not indispensable.
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In 1877, the American Humane Society was formed as the national organization for animal and child protection. Thirty years later, there were 354 anticruelty organizations chartered in the United States, nearly 200 of which were similarly invested in the welfare of both humans and animals. In The Rights of the ...
The Rights of the Defenseless: Protecting Animals and Children in Gilded Age America
In 1877, the American Humane Society was formed as the national organization for animal and child protection. Thirty years later, there were 354 anticruelty organizations chartered in the United States, nearly 200 of which were similarly invested in the welfare of both humans and animals. In The Rights of the Defenseless, Susan J. Pearson seeks to understand the institutional, cultural, legal, and political significance of the perceived bond between these two kinds of helpless creatures, and the attempts made to protect them.aUnlike many of todayOCOs humane organizations, those Pearson follows were delegated police powers to make arrests and bring cases of cruelty to animals and children before local magistrates. Those whom they prosecuted were subject to fines, jail time, and the removal of either animal or child from their possession. Pearson explores the limits of and motivation behind this power and argues that while these reformers claimed nothing more than sympathy with the helpless and a desire to protect their rights, they turned OC crueltyOCO into a social problem, stretched government resources, and expanded the state through private associations. The first book to explore these dual organizations and their storied history, The Rights of the Defenseless will appeal broadly to reform-minded historians and social theorists alike.
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Slavery appears as a figurative construct during the English revolution of the mid-seventeenth century, and again in the American and French revolutions, when radicals represent their treatment as a form of political slavery. What, if anything, does figurative, political slavery have to do with transatlantic slavery? In Arbitrary Rule, Mary ...
Arbitrary Rule: Slavery, Tyranny, and the Power of Life and Death
Slavery appears as a figurative construct during the English revolution of the mid-seventeenth century, and again in the American and French revolutions, when radicals represent their treatment as a form of political slavery. What, if anything, does figurative, political slavery have to do with transatlantic slavery? In Arbitrary Rule, Mary Nyquist explores connections between political and chattel slavery by excavating the tradition of Western political thought that justifies actively opposing tyranny. She argues that as powerful rhetorical and conceptual constructs, Greco-Roman political liberty and slavery reemerge at the time of early modern Eurocolonial expansion; they help to create racialized OC freeOCO national identities and their OC unfreeOCO counterparts in non-European nations represented as inhabiting an earlier, privative age.aaaaaaaaaaaaaaa Arbitrary Rule is the first book to tackle political slaveryOCOs discursive complexity, engaging Eurocolonialism, political philosophy, and literary studies, areas of study too often kept apart. Nyquist proceeds through analyses not only of texts that are canonical in political thoughtOCoby Aristotle, Cicero, Hobbes, and LockeOCobut also of literary works by Euripides, Buchanan, Vondel, Montaigne, and Milton, together with a variety of colonialist and political writings, with special emphasis on tracts written during the English revolution. She illustrates how OC antityranny discourse, OCO which originated in democratic Athens, was adopted by republican Rome, and revived in early modern Western Europe, provided members of a OC freeOCO community with a means of protesting a threatened reduction of privileges or of consolidating a collective, political identity. Its semantic complexity, however, also enabled it to legitimize racialized enslavement and imperial expansion.aaaaaaaaaaaaaaaThroughout, Nyquist demonstrates how principles relating to political slavery and tyranny are bound up with a Roman jurisprudential doctrine that sanctions the power of life and death held by the slaveholder over slaves and, by extension, the state, its representatives, or its laws over its citizenry.
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Over the past two decades, the United States has seen a dramatic increase in the number and magnitude of punitive damages verdicts rendered by juries in civil trials. Probably the most extraordinary example is the July 2000 award of $144.8 billion in the Florida class action lawsuit brought against cigarette ...
Punitive Damages: How Juries Decide
Over the past two decades, the United States has seen a dramatic increase in the number and magnitude of punitive damages verdicts rendered by juries in civil trials. Probably the most extraordinary example is the July 2000 award of $144.8 billion in the Florida class action lawsuit brought against cigarette manufacturers. Or consider two recent verdicts against the auto manufacturer BMW in Alabama. In identical cases, argued in the same court before the same judge, one jury awarded $4 million in punitive damages, while the other awarded no punitive damages at all. In cases involving accidents, civil rights, and the environment, multimillion-dollar punitive awards have been a subject of intense controversy. But how do juries actually make decisions about punitive damages? To find out, the authors-experts in psychology, economics, and the law-present the results of controlled experiments with more than 600 mock juries involving the responses of more than 8,000 jury-eligible citizens. Although juries tended to agree in their moral judgments about the defendant's conduct, they rendered erratic and unpredictable dollar awards. The experiments also showed that instead of moderating juror verdicts, the process of jury deliberation produced a striking severity shift toward ever-higher awards. Jurors also tended to ignore instructions from the judges; were influenced by whatever amount the plaintiff happened to request; showed hindsight bias, believing that what happened should have been foreseen; and penalized corporations that had based their decisions on careful cost-benefit analyses. While judges made many of the same errors, they performed better in some areas, suggesting that judges (or other specialists) may be better equipped than juries to decide punitive damages. Using a wealth of new experimental data, and offering a host of provocative findings, this book documents a wide range of systematic biases in jury behavior. It will be indispensable for anyone interested not only in punitive damages, but also jury behavior, psychology, and how people think about punishment.
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We live in an era defined by corporate greed and malfeasanceOCoone in which unprecedented accounting frauds and failures of compliance run rampant. In order to calm investor fears, revive perceptions of legitimacyain markets, and demonstrate the resolve of state and federal regulators, a host of reforms, high-profile investigations, and symbolic ...
Corporate Bodies and Guilty Minds: The Failure of Corporate Criminal Liability: The Failure of Corporate Criminal Liability
We live in an era defined by corporate greed and malfeasanceOCoone in which unprecedented accounting frauds and failures of compliance run rampant. In order to calm investor fears, revive perceptions of legitimacyain markets, and demonstrate the resolve of state and federal regulators, a host of reforms, high-profile investigations, and symbolic prosecutions have been conducted in response. But are they enough?In this timely work, William S. Laufer argues that even with recent legal reforms, corporate criminal law continues to be ineffective. As evidence, Laufer considers the failure of courts and legislatures to fashion liability rules that fairly attribute blame for organizations. He analyzes the games that corporations play to deflect criminal responsibility. And he also demonstrates how the exchange of cooperation for prosecutorial leniency and amnesty belies true law enforcement. But none of these factors, according to Laufer, trumps the fact that there is no single constituency or interest group that strongly and consistently advocates the importance and priority of corporate criminal liability. In the absence of a new standard of corporate liability, the power of regulators to keep corporate abuses in check will remain insufficient. aaaaaaaaaaa A necessary corrective to our current climate of graft and greed, Corporate Bodies and Guilty Minds will be essential to policymakers and legal minds alike.aOC [This] timely work offers a dispassionate analysis of problems relating to corporate crime.OCOOCo Harvard Law Review
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The gay rights question is whether the second-class legal status of gay people should be changed. In this book Andrew Koppelman shows the powerful legal and moral case for gay equality, but argues that courts cannot and should not impose it. The Gay Rights Question in Contemporary American Law offers ...
The Gay Rights Question in Contemporary American Law
The gay rights question is whether the second-class legal status of gay people should be changed. In this book Andrew Koppelman shows the powerful legal and moral case for gay equality, but argues that courts cannot and should not impose it. The Gay Rights Question in Contemporary American Law offers an unusually nuanced analysis of the most pressing gay rights issues. Does antigay discrimination violate the Constitution? Is there any sound moral objection to homosexual conduct? Are such objections the moral and constitutional equivalent of racism? Must state laws recognizing same-sex unions be given effect in other states? Should courts take account of popular resistance to gay equality? Koppelman sheds new light on all these questions. Sure to upset purists on either side of the debate, Koppelman's book criticizes the legal arguments advanced both for and against gay rights. Just as important, it places these arguments in broader moral and social contexts, offering original, pragmatic, and workable legal solutions.
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In 2005, Iraq drafted its first constitution and held the countryOCOs first democratic election in more than fifty years. Even under ideal conditions, drafting a constitution can be a prolonged process marked by contentious debate, and conditions in Iraq are far from ideal: Iraq has long been racked by ethnic ...
Negotiating in Civil Conflict: Constitutional Construction and Imperfect Bargaining in Iraq
In 2005, Iraq drafted its first constitution and held the countryOCOs first democratic election in more than fifty years. Even under ideal conditions, drafting a constitution can be a prolonged process marked by contentious debate, and conditions in Iraq are far from ideal: Iraq has long been racked by ethnic and sectarian conflict, which intensified following the American invasion and continues today. This severe division, which often erupted into violence, would not seem to bode well for the fate of democracy. So how is it that Iraq was able to surmount its sectarianism to draft a constitution that speaks to the conflicting and largely incompatible ideological view of the Sunnis, ShiOCOah, and Kurds?aHaider Ala Hamoudi served in 2009 as an adviser to IraqOCOs Constitutional Review Committee, and he argues here that the terms of the Iraqi Constitution are sufficiently capacious to be interpreted in a variety of ways, allowing it to appeal to the countryOCOs three main sects despite their deep disagreements. While some say that this ambiguity avoids the challenging compromises that ultimately must be made if the state is to survive, Hamoudi maintains that to force these compromises on issues of central importance to ethnic and sectarian identity would almost certainly result in the imposition of one groupOCOs views on the others. Drawing on the original negotiating documents, he shows that this feature of the Constitution was not an act of evasion, as is sometimes thought, but a mark of its draftersOCO awareness in recognizing the need to permit the groups the time necessary to develop their own methods of working with one another over time.
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An American Travesty is the first scholarly book in half a century to analyze the justice systemOCOs response to sexual misconduct by children and adolescents in the United States. Writing with a refreshing dose of common sense, Franklin E. Zimring discusses our society's failure to consider the developmental status of ...
An American Travesty: Legal Responses to Adolescent Sexual Offending
An American Travesty is the first scholarly book in half a century to analyze the justice systemOCOs response to sexual misconduct by children and adolescents in the United States. Writing with a refreshing dose of common sense, Franklin E. Zimring discusses our society's failure to consider the developmental status of adolescent sex offenders. Too often, he argues, the American legal system ignores age and developmental status when adjudicating young sexual offenders, in many cases responding as they would to an adult.aOC An opinionated, articulate, and forceful critique of current politics and practices. . . . I would recommend this book for anyone interested in rethinking the fundamental questions of how our courts and systems should respond to these cases.OCOOCo Law and Politics Book Review aOC One of the most important new books in the field of juvenile justice. . . . Zimring offers a thoughtful, research-based analysis of what went wrong with legal policy development.OCOOCoBarry Krisberg, President, National Council on Crime and Delinquencyaa
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More than a decade ago, before globalization became a buzzword, Yves Dezalay and Bryant G. Garth established themselves as leading analysts of how that process has shaped the legal profession. Drawing upon the insights of Pierre Bourdieu, Asian Legal Revivals explores the increasing importance of the positions of the law ...
Asian Legal Revivals: Lawyers in the Shadow of Empire
More than a decade ago, before globalization became a buzzword, Yves Dezalay and Bryant G. Garth established themselves as leading analysts of how that process has shaped the legal profession. Drawing upon the insights of Pierre Bourdieu, Asian Legal Revivals explores the increasing importance of the positions of the law and lawyers in South and Southeast Asia.aaaaaaaaaaa Dezalay and Garth argue that the current situation in many Asian countries can only be fully understood by looking to their differing colonial experiencesOCoand in considering how those experiences have laid the foundation for those societiesOCO legal profession today. Deftly tracing the transformation of the relationship between law and state into different colonial settings, the authors show how nationalist legal elites in countries such as India, Indonesia, Malaysia, the Philippines, Singapore, and South Korea came to wield political power as agents in the move toward national independence. Including fieldwork from over 350 interviews, Asian Legal Revivals illuminates the more recent past and present of these legally changing nations and explains the professionOCOs recent revival of influence, as spurred on by American geopolitical and legal interests.
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Called a fig leaf for inaction by many at its inception, the International Criminal Tribunal for the Former Yugoslavia has surprised its critics by growing from an unfunded U.N. Security Council resolution to an institution with more than 1,000 employees and a $100 million annual budget. With Slobodan Milosevic now ...
Justice in the Balkans
Called a fig leaf for inaction by many at its inception, the International Criminal Tribunal for the Former Yugoslavia has surprised its critics by growing from an unfunded U.N. Security Council resolution to an institution with more than 1,000 employees and a $100 million annual budget. With Slobodan Milosevic now on trial and more than forty fellow indictees currently detained, the success of the Hague tribunal has forced many to reconsider the prospects of international justice. John Hagan's Justice in the Balkans is a powerful firsthand look at the inner workings of the tribunal as it has moved from an experimental organization initially viewed as irrelevant to the first truly effective international court since Nuremberg. Creating an institution that transcends national borders is a challenge fraught with political and organizational difficulties, yet, as Hagan describes here, the Hague tribunal has increasingly met these difficulties head-on and overcome them. The chief reason for its success, he argues, is the people who have shaped it, particularly its charismatic chief prosecutor, Louise Arbour. With drama and immediacy, Justice in the Balkans re-creates how Arbour worked with others to turn the tribunal's fortunes around, reversing its initial failure to arrest and convict significant figures and advancing the tribunal's agenda to the point at which Arbour and her colleagues, including her successor, Carla Del Ponte (nicknamed the Bulldog), were able to indict Milosevic himself. Leading readers through the investigations and criminal proceedings of the tribunal, Hagan offers the most original account of the foundation and maturity of the institution. Justice in the Balkans brilliantly shows how an international social movement for human rights in the Balkans was transformed into a pathbreaking legal institution and a new transnational legal field. The Hague tribunal becomes, in Hagan's work, a stellar example of how individuals working with collective purpose can make a profound difference. The Hague tribunal reaches into only one house of horrors among many; but, within the wisely precise remit given to it, it has beamed the light of justice into the darkness of man's inhumanity, to woman as well as to man.OCo The Times (London)
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Opponents of speech codes often argue that liberal academics use the codes to advance an agenda of political correctness. But Jon B. Gould's provocative book, based on an enormous amount of empirical evidence, reveals that the real reasons for their growth are to be found in the pragmatic, almost utilitarian, ...
Speak No Evil: The Triumph of Hate Speech Regulation: The Triumph of Hate Speech Regulation
Opponents of speech codes often argue that liberal academics use the codes to advance an agenda of political correctness. But Jon B. Gould's provocative book, based on an enormous amount of empirical evidence, reveals that the real reasons for their growth are to be found in the pragmatic, almost utilitarian, considerations of college administrators. Instituting hate speech policy, he shows, was often a symbolic response taken by university leaders to reassure campus constituencies of their commitment against intolerance. In an academic version of keeping up with the Joneses, some schools created hate speech codes to remain within what they saw as the mainstream of higher education. Only a relatively small number of colleges crafted codes out of deep commitment to their merits. Although college speech codes have been overturned by the courts, Speak No Evil argues that their rise has still had a profound influence on curtailing speech in other institutions such as the media and has also shaped mass opinion and common understandings of constitutional norms. Ultimately, Gould contends, this kind of informal law can have just as much power as the Constitution.
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It has been said that how a society treats its least well-off members speaks volumes about its humanity. If so, our treatment of the mentally ill suggests that American society is inhumane: swinging between overintervention and utter neglect, we sometimes force extreme treatments on those who do not want them, ...
Refusing Care
It has been said that how a society treats its least well-off members speaks volumes about its humanity. If so, our treatment of the mentally ill suggests that American society is inhumane: swinging between overintervention and utter neglect, we sometimes force extreme treatments on those who do not want them, and at other times discharge mentally ill patients who do want treatment without providing adequate resources for their care in the community. Focusing on overinterventionist approaches, Refusing Care explores when, if ever, the mentally ill should be treated against their will. Basing her analysis on case and empirical studies, Elyn R. Saks explores dilemmas raised by forced treatment in three contextsOCocivil commitment (forced hospitalization for noncriminals), medication, and seclusion and restraints. Saks argues that the best way to solve each of these dilemmas is, paradoxically, to be both more protective of individual autonomy and more paternalistic than current law calls for. For instance, while Saks advocates relaxing the standards for first commitment after a psychotic episode, she also would prohibit extreme mechanical restraints (such as tying someone spread-eagled to a bed). Finally, because of the often extreme prejudice against the mentally ill in American society, Saks proposes standards that, as much as possible, should apply equally to non-mentally ill and mentally ill people alike. Mental health professionals, lawyers, disability rights activists, and anyone who wants to learn more about the way the mentally ill are treatedOCoand ought to be treatedOCoin the United States should read Refusing Care.
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Refusing Care

by Elyn R. Saks
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The role of the U.S. Supreme Court in the aftermath of the 2000 presidential election raised questions in the minds of many Americans about the relationships between judges and political influence; the following years saw equally heated debates over the appropriate role of political ideology in selecting federal judges. Legal ...
Measuring Judicial Independence: The Political Economy of Judging in Japan
The role of the U.S. Supreme Court in the aftermath of the 2000 presidential election raised questions in the minds of many Americans about the relationships between judges and political influence; the following years saw equally heated debates over the appropriate role of political ideology in selecting federal judges. Legal scholars have always debated these questionsOCoasking, in effect, how much judicial systems operate on merit and principle and how much they are shaped by politics. The Japanese Constitution, like many others, requires that all judges be independent in the exercise of their conscience and bound only by this Constitution and its laws. Consistent with this requirement, Japanese courts have long enjoyed a reputation for vigilant independenceOCoan idea challenged only occasionally, and most often anecdotally. But in this book, J. Mark Ramseyer and Eric B. Rasmusen use the latest statistical techniques to examine whether that reputation always holds up to scrutinyOCowhether, and to what extent, the careers of lower court judges can be manipulated to political advantage. On the basis of careful econometric analysis of career data for hundreds of judges, Ramseyer and Rasmusen find that Japanese politics do influence judicial careers, discreetly and indirectly: judges who decide politically charged cases in ways favored by the ruling party enjoy better careers after their decisions than might otherwise be expected, while dissenting judges are more likely to find their careers hampered by assignments to less desirable positions. Ramseyer and Rasmusen's sophisticated yet accessible analysis has much to offer anyone interested in either judicial independence or the application of econometric techniques in the social sciences.
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The first months of the Obama administration have led to expectations, both in the United States and abroad, that in the coming years America will increasingly promote the international rule of lawOCoa position that many believe is both ethically necessary and in the nationOCOs best interests.aWith The Perils of Global ...
The Perils of Global Legalism
The first months of the Obama administration have led to expectations, both in the United States and abroad, that in the coming years America will increasingly promote the international rule of lawOCoa position that many believe is both ethically necessary and in the nationOCOs best interests.aWith The Perils of Global Legalism, Eric A. Posner explains that such views demonstrate a dangerously naive tendency toward legalismOCoan idealistic belief that law can be effective even in the absence of legitimate institutions of governance. After tracing the historical roots of the concept, Posner carefully lays out the many illusionsOCosuch as universalism, sovereign equality, and the possibility of disinterested judgment by politically unaccountable officialsOCoon which the legalistic view is founded. Drawing on such examples as NATOOCOs invasion of Serbia, attempts to ban the use of land mines, and the free-trade provisions of the WTO, Posner demonstrates throughout that the weaknesses of international law confound legalist ambitionsOCoand that whatever their professed commitments, all nations stand ready to dispense with international agreements when it suits their short- or long-term interests.aProvocative and sure to be controversial, The Perils of Global Legalism will serve as a wake-up call for those who view global legalism as a panaceaOCoand a reminder that international relations in a brutal world allow no room for illusions.
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Patent law is crucial to encourage technological innovation. But as the patent system currently stands, diverse industries from pharmaceuticals to software to semiconductors are all governed by the same rules even though they innovate very differently. The result is a crisis in the patent system, where patents calibrated to the ...
The Patent Crisis and How the Courts Can Solve It
Patent law is crucial to encourage technological innovation. But as the patent system currently stands, diverse industries from pharmaceuticals to software to semiconductors are all governed by the same rules even though they innovate very differently. The result is a crisis in the patent system, where patents calibrated to the needs of prescription drugs wreak havoc on information technologies and vice versa. According to Dan L. Burk and Mark A. Lemley in The Patent Crisis and How the Courts Can Solve It, courts should use the tools the patent system already gives them to treat patents in different industries differently. Industry tailoring is the only way to provide an appropriate level of incentive for each industry. Burk and Lemley illustrate the barriers to innovation created by the catch-all standards in the current system. Legal tools already present in the patent statute, they contend, offer a solutionOCocourts can tailor patent law, through interpretations and applications, to suit the needs of various types of businesses. The Patent Crisis and How the Courts Can Solve It awill be essential reading for those seeking to understand the nexus of economics, business, and law in the twenty-first century.
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Lawyers today are in a moral crisis. The popular perception of the lawyer, both within the legal community and beyond, is no longer the Abe Lincoln of American mythology, but is often a greedy, cynical manipulator of access and power. In The Lawyer's Myth, Walter Bennett goes beyond the caricatures ...
The Lawyer's Myth: Reviving Ideals in the Legal Profession
Lawyers today are in a moral crisis. The popular perception of the lawyer, both within the legal community and beyond, is no longer the Abe Lincoln of American mythology, but is often a greedy, cynical manipulator of access and power. In The Lawyer's Myth, Walter Bennett goes beyond the caricatures to explore the deeper causes of why lawyers are losing their profession and what it will take to bring it back. Bennett draws on his experience as a lawyer, judge, and law teacher, as well as upon oral histories of lawyers and judges, in his exploration of how and why the legal profession has lost its ennobling mythology. Effectively using examples from history, philosophy, psychology, mythology, and literature, Bennett shows that the loss of professionalism is more than merely the emergence of win-at-all-cost strategies and a scramble for personal wealth. It is something more profoundOCoa loss of professional community and soul. Bennett identifies the old heroic myths of American lawyers and shows how they informed the values of professionalism through the middle of the last century. He shows why, in our more diverse society, those myths are inadequate guides for today's lawyers. And he also discusses the profession's agony over its trickster image and demonstrates how that archetype is not only a psychological reality, but a necessary component of a vibrant professional mythology for lawyers. At the heart of Bennett's eloquently written book is a call to reinvigorate the legal professional community. To do this, lawyers must revive their creative capacities and develop a meaningful, professional mythologyOCoone based on a deeper understanding of professionalism and a broader, more compassionate ideal of justice.
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During the Progressive Era, a rehabilitative agenda took hold of American juvenile justice, materializing as a citizen-and-state-building project and mirroring the unequal racial politics of American democracy itself. Alongside this liberal manufactory of citizens, OCO a parallel structure was enacted: a Jim Crow juvenile justice system that endured across the ...
Black Child-Savers
During the Progressive Era, a rehabilitative agenda took hold of American juvenile justice, materializing as a citizen-and-state-building project and mirroring the unequal racial politics of American democracy itself. Alongside this liberal manufactory of citizens, OCO a parallel structure was enacted: a Jim Crow juvenile justice system that endured across the nation for most of the twentieth century.aIn The Black Child Savers, the first study of the rise and fall of Jim Crow juvenile justice, Geoff Ward examines the origins and organization ofathis separate and unequal juvenile justice system. Ward explores how generations of OC black child-saversOCOamobilized to challengeathe threat to black youth and communityainterests and how this struggle grew aligned with a wider civil rights movement, eventuallyaforcing the formal integration of American juvenile justice. WardOCOs book reveals nearly a century of struggle to build a more democratic model of juvenile justiceOCoan effort that succeeded in part, but ultimately failed to deliver black youth and communityato liberal rehabilitative ideals.aAt once an inspiringastory about theashifting boundaries of race, citizenship, and democracy in America and a crucial look at the nature of racial inequality, The Black Child Savers is a stirring account of the stakes and meaning of social justice.
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Black Child-Savers

by Geoff K. Ward
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Winner of the 2005 J. David Greenstone Book Award from the Politics and History section of the American Political Science Association. aWinner of the 2005 Ralph J. Bunche Award of the American Political Science AssociationWinner of the 2005 V.O. Key, Jr. Award of the Southern Political Science AssociationThe Reconstruction era ...
The Two Reconstructions: The Struggle for Black Enfranchisement
Winner of the 2005 J. David Greenstone Book Award from the Politics and History section of the American Political Science Association. aWinner of the 2005 Ralph J. Bunche Award of the American Political Science AssociationWinner of the 2005 V.O. Key, Jr. Award of the Southern Political Science AssociationThe Reconstruction era marked a huge political leap for African Americans, who rapidly went from the status of slaves to voters and officeholders. Yet this hard-won progress lasted only a few decades. Ultimately a second reconstructionOCoassociated with the civil rights movement and the Voting Rights ActOCobecame necessary. How did the first reconstruction fail so utterly, setting the stage for the complete disenfranchisement of Southern black voters, and why did the second succeed? These are among the questions Richard M. Valelly answers in this fascinating history. The fate of black enfranchisement, he argues, has been closely intertwined with the strengths and constraints of our political institutions. Valelly shows how effective biracial coalitions have been the key to success and incisively traces how and why political parties and the national courts either rewarded or discouraged the formation of coalitions. Revamping our understanding of American race relations, The Two Reconstructions brilliantly explains a puzzle that lies at the heart of AmericaOCOs development as a political democracy.
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The late twentieth century has seen a fantastic expansion of personal, sexual, and domestic liberties in the United States.aIn Not Just Roommates, Elizabeth H. Pleck explores the rise of cohabitation, and the changing social norms that have allowed cohabitation to become the chosen lifestyle of more than fifteen million Americans. ...
Not Just Roommates
The late twentieth century has seen a fantastic expansion of personal, sexual, and domestic liberties in the United States.aIn Not Just Roommates, Elizabeth H. Pleck explores the rise of cohabitation, and the changing social norms that have allowed cohabitation to become the chosen lifestyle of more than fifteen million Americans. Despite this growing social acceptance, Pleck contends that when it comes to the law, cohabitors have been, and continue to be, treated as second-class citizens, subjected to discriminatory laws, limited privacy, a lack of political representation, and little hope for change. Because cohabitation is not a sexual identity, Pleck argues, cohabitors face the legal discrimination of a population with no group identity, no civil rights movement, no legal defense organizations, and, often, no consciousness of being discriminated against.aThrough in-depth research in written sources and interviews, Pleck shines a light on the emergence of cohabitation in American culture, its complex history, and its unpleasant realities in the present day.
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Not Just Roommates

by Professor of History Elizabeth H Pleck
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During the past three decades, nations all over the world have been debating whether to allow same-sex couples to marry, or at least grant these couples various rights associated with marriage. In Equality for Same-Sex Couples, Yuval Merin presents the first comparative study of the legal regulation of same-sex partnerships ...
Equality for Same-Sex Couples: The Legal Recognition of Gay Partnerships in Europe and the United States: The Legal Recognition of Gay Partnerships in Europe and the United States
During the past three decades, nations all over the world have been debating whether to allow same-sex couples to marry, or at least grant these couples various rights associated with marriage. In Equality for Same-Sex Couples, Yuval Merin presents the first comparative study of the legal regulation of same-sex partnerships worldwide, as well as a unique survey of the status of same-sex couples in Europe. Merin begins by providing a historical overview of the transformation of marriage from antiquity to the present. He then identifies and critically compares four principal models for the legal regulation and recognition of same-sex partnerships: civil marriage, registered partnership, domestic partnership, and cohabitation. Merin concludes that all of the models except civil marriage discriminate against gays and lesbians just as the separate but equal doctrine discriminated against African Americans; thus, so-called alternatives to marriage, even if they provide the same rights and benefits as marriage, are inherently unequal and therefore unconstitutional.
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Since the rise of Napster and other file-sharing services in its wake, most of us have assumed that intellectual piracy is a product of the digital age and that it threatens creative expression as never before. The Motion Picture Association of America, for instance, claimed that in 2005 the film ...
Piracy: The Intellectual Property Wars from Gutenberg to Gates
Since the rise of Napster and other file-sharing services in its wake, most of us have assumed that intellectual piracy is a product of the digital age and that it threatens creative expression as never before. The Motion Picture Association of America, for instance, claimed that in 2005 the film industry lost $2.3 billion in revenue to piracy online. But here Adrian Johns shows that piracy has a much longer and more vital history than we have realizedOCoone that has been largely forgotten and is little understood. Piracy explores the intellectual property wars from the advent of print culture in the fifteenth century to the reign of the Internet in the twenty-first. Brimming with broader implications for todayOCOs debates over open access, fair use, free culture, and the like, JohnsOCOs book ultimately argues that piracy has always stood at the center of our attempts to reconcile creativity and commerceOCoand that piracy has been an engine of social, technological, and intellectual innovations as often as it has been their adversary. From Cervantes to Sonny Bono, from Maria Callas to Microsoft, from Grub Street to Google, no chapter in the story of piracy evades JohnsOCOs graceful analysis in what will be the definitive history of the subject for years to come.
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In the aftermath of sixth-century barbarian invasions, the legal profession that had grown and flourished during the Roman Empire vanished. Nonetheless, professional lawyers suddenly reappeared in Western Europe seven hundred years later during the 1230s when church councils and public authorities began to impose a body of ethical obligations on ...
The Medieval Origins of the Legal Profession: Canonists, Civilians, and Courts
In the aftermath of sixth-century barbarian invasions, the legal profession that had grown and flourished during the Roman Empire vanished. Nonetheless, professional lawyers suddenly reappeared in Western Europe seven hundred years later during the 1230s when church councils and public authorities began to impose a body of ethical obligations on those who practiced law. James BrundageOCOs The Medieval Origins of the Legal Profession traces the history of legal practice from its genesis in ancient Rome to its rebirth in the early Middle Ages and eventual resurgence in the courts of the medieval church. aaaaaaaaaaaaaaaaaaaaaaa By the end of the eleventh century, Brundage argues, renewed interest in Roman law combined with the rise of canon law of the Western church to trigger a series of consolidations in the profession. New legal procedures emerged, and formal training for proctors and advocates became necessary in order to practice law in the reorganized church courts. Brundage demonstrates that many featuresathat characterize legal advocacy today were already in place by 1250, as lawyers trained in Roman and canon law became professionals in every sense of the term. A sweeping examination of the centuries-long power struggle between local courts and the Christian church, secular rule and religious edict, The Medieval Origins of the Legal Profession will be a resource for the professional and the student alike.
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Since the early 1990s, transnational adoptions have increased at an astonishing rate, not only in the United States, but worldwide. In Belonging in an Adopted World, Barbara Yngvesson offers a penetrating exploration of the consequences and implications of this unprecedented movement of children, usually from poor nations to the affluent ...
Belonging in an Adopted World: Race, Identity, and Transnational Adoption
Since the early 1990s, transnational adoptions have increased at an astonishing rate, not only in the United States, but worldwide. In Belonging in an Adopted World, Barbara Yngvesson offers a penetrating exploration of the consequences and implications of this unprecedented movement of children, usually from poor nations to the affluent West. Yngvesson illuminates how the politics of adoption policy has profoundly affected the families, nations, and children involved in this new form of social and economic migration. aStarting from the transformation of the abandoned child into an adoptable resource for nations that give and receive children in adoption, this volume examines the ramifications of such gifts, especially for families created through adoption and later, the adopted adults themselves. Bolstered by an account of the authorOCOs own experience as an adoptive parent, and fully attuned to the contradictions of race that shape our complex forms of family, Belonging in an Adopted World explores the fictions that sustain adoptive kinship, ultimately exposing the vulnerability and contingency behind all human identity.
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Over the past thirty-five years, federal courts have dramatically retreated from actively promoting school desegregation. In the meantime, state courts have taken up the mantle of promoting the vision of educational equity originally articulated in Brown v. Board of Education. Courts and Kids is the first detailed analysis of why ...
Courts and Kids: Pursuing Educational Equity Through the State Courts
Over the past thirty-five years, federal courts have dramatically retreated from actively promoting school desegregation. In the meantime, state courts have taken up the mantle of promoting the vision of educational equity originally articulated in Brown v. Board of Education. Courts and Kids is the first detailed analysis of why the state courts have taken on this active role and how successful their efforts have been.aSince 1973, litigants have challenged the constitutionality of education finance systems in forty-five states on the grounds that they deprive many poor and minority students of adequate access to a sound education. While the plaintiffs have won in the majority of these cases, the decisions are often branded OC judicial activismOCOOCoa stigma that has reduced their impact. To counter the charge, Michael A. Rebell persuasively defends the courtsOCO authority and responsibility to pursue the goal of educational equity. He envisions their ideal role as supervisory, and in Courts and Kids he offers innovative recommendations on how the courts can collaborate with the executive and legislative branches to create a truly democratic educational system.
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