|The Bill of Rights: The Fight to Secure America’s Liberties
The real story of how the Bill of Rights came to be: a concise, vivid history of political strategy, big egos, and partisan interest that set the terms of the ongoing contest between the federal government and the states.
Revered today for articulating America’s founding principles, the first ten amendments—the Bill of Rights—was in fact a political stratagem executed by James Madison to preserve the Constitution, the Federal government, and the latter’s authority over the states. In the skilled hands of award-winning historian Carol Berkin, the story of the Founders’ fight over the Bill of Rights comes alive in a gripping drama of partisan politics, acrimonious debate, and manipulated procedure. From this familiar story of a Congress at loggerheads, an important truth emerges.
|Climate Change Impacts on Ocean and Coastal Law: U.S. and International Perspectives
K3585.5 .C555 2015
Ocean and coastal law has grown rapidly in the past three decades as a specialty area within natural resources law and environmental law. The protection of oceans has received increased attention in the past decade because of sea-level rise, ocean acidification, the global overfishing crisis, widespread depletion of marine biodiversity such as marine mammals and coral reefs, and marine pollution. Paralleling the growth of ocean and coastal law, climate change regulation has emerged as a focus of international environmental diplomacy, and has gained increased attention in the wake of disturbing and abrupt climate change related impacts throughout the world that have profound implications for ocean and coastal regulation and marine resources.
Climate Change Impacts on Ocean and Coastal Law effectively unites these two worlds. It raises important questions about whether and how ocean and coastal law will respond to the regulatory challenges that climate change presents to resources in the oceans and coasts of the U.S. and the world. This comprehensive work assembles the insights of global experts from academia and major NGOs (e.g., Center for International Environmental Law, Ocean Conservancy, and Environmental Law Institute) to address regulatory challenges from the perspectives of U.S. law, foreign domestic law, and international law.
|A Class by Herself: Protective Laws for Women Workers, 1890s-1990s
A Class by Herself explores the historical role and influence of protective legislation for American women workers, both as a step toward modern labor standards and as a barrier to equal rights. Spanning the twentieth century, the book tracks the rise and fall of women-only state protective laws–such as maximum hour laws, minimum wage laws, and night work laws–from their roots in progressive reform through the passage of New Deal labor law to the feminist attack on single-sex protective laws in the 1960s and 1970s.
Nancy Woloch considers the network of institutions that promoted women-only protective laws, such as the National Consumers’ League and the federal Women’s Bureau; the global context in which the laws arose; the challenges that proponents faced; the rationales they espoused; the opposition that evolved; the impact of protective laws in ever-changing circumstances; and their dismantling in the wake of Title VII of the Civil Rights Act of 1964. Above all, Woloch examines the constitutional conversation that the laws provoked–the debates that arose in the courts and in the women’s movement. Protective laws set precedents that led to the Fair Labor Standards Act of 1938 and to current labor law; they also sustained a tradition of gendered law that abridged citizenship and impeded equality for much of the century.
Drawing on decades of scholarship, institutional and legal records, and personal accounts, A Class by Herself sets forth a new narrative about the tensions inherent in women-only protective labor laws and their consequences.
|A Constitutional History of the U.S. Supreme Court
Regan, Richard J.
In A Constitutional History of the U.S. Supreme Court, Richard Regan presents a concise overview and general history for readers and students in constitutional history and politics, one that will also make an excellent fact-filled source book for lawyers and political scientists. The chapters deal with leading decisions of successive courts and begin with brief biographies of the justices on the courts. Famous cases from Marbury v Madison, to the Dred-Scott decision, Brown v Board of Education, Roe v Wade, up to the Roberts court decision on the constitutionality of Obamacare are discussed. Four appendices deal with the text of the Constitution and amendments, the court system, a chronological list of the justices with biographical details, and a chronological list of the membership on successive courts. Regan devotes more attention to later courts, specifically the Rehnquist and Roberts courts. This is done due to the wealth of material that exists on earlier courts, but also because the decisions of the more recent courts concern developing areas of constitutional law. Finally, extensive treatment of the most recent courts gives great insights into the current Supreme Court justices and their jurisprudence. As any follower of the Supreme Court will perceive, many recent cases involve decisions by a sharply divided court and the concurring and dissenting opinion of the justices make for fascinating and one hard-hitting reading. Regan hopes that an understanding of the individuals who wrote these opinions will help a reader to understand the legal, political and cultural reality of the present-day legal landscape in the United States. This “just the facts” approach to the Supreme Court make A Constitutional History of the U.S. Supreme Court a worthy addition to Richard Regan’s body of work.
|Drone Wars: Transforming Conflict, Law, and Policy
KZ6687 .D76 2015
Drones are the iconic military technology of many of today’s most pressing conflicts, a lens through which U.S. foreign policy is understood, and a means for discussing key issues regarding the laws of war and the changing nature of global politics. Drones have captured the public imagination, partly because they project lethal force in a manner that challenges accepted rules, norms, and moral understandings. Drone Wars presents a series of essays by legal scholars, journalists, government officials, military analysts, social scientists, and foreign policy experts. It addresses drones’ impact on the ground, how their use adheres to and challenges the laws of war, their relationship to complex policy challenges, and the ways they help us understand the future of war. The book is a diverse and comprehensive interdisciplinary perspective on drones that covers important debates on targeted killing and civilian casualties, presents key data on drone deployment, and offers new ideas on their historical development, significance, and impact on law and policy. Drone Wars documents the current state of the field at an important moment in history when new military technologies are transforming how war is practiced by the United States and, increasingly, by other states and by non-state actors around the world.
|Environment in the Balance: The Green Movement and the Supreme Court
Cannon, Jonathan Z.
The first Earth Day in 1970 marked environmentalism’s coming-of-age in the United States. More than four decades later, does the green movement remain a transformative force in American life? Presenting a new account from a legal perspective, Environment in the Balance interprets a wide range of U.S. Supreme Court decisions, along with social science research and the literature of the movement, to gauge the practical and cultural impact of environmentalism and its future prospects.
Jonathan Z. Cannon demonstrates that from the 1960s onward, the Court’s rulings on such legal issues as federalism, landowners’ rights, standing, and the scope of regulatory authority have reflected deep-seated cultural differences brought out by the mass movement to protect the environment. In the early years, environmentalists won some important victories, such as the Supreme Court’s 1973 decision allowing them to sue against barriers to recycling. But over time the Court has become more skeptical of their claims and more solicitous of values embodied in private property rights, technological mastery and economic growth, and limited government.
Today, facing the looming threat of global warming, environmentalists struggle to break through a cultural stalemate that threatens their goals. Cannon describes the current ferment in the movement, and chronicles efforts to broaden its cultural appeal while staying connected to its historical roots, and to ideas of nature that have been the source of its distinctive energy and purpose.
|Family Law in America
Katz, Sanford N.
In Family Law in America, Professor Sanford N. Katz examines the present state of family law in America. Themes include the tension between individual autonomy and governmental regulation in all aspects of family law, the extent to which relationships established before marriage are being regulated, and how marriage is being redefined to take into account equality of the sexes, and the legal recognition of same-sex marriage in some jurisdictions. It demonstrates how the definition of marriage as a partnership in which the individual spouse’s rights are recognized has resulted in protection of the vulnerable spouse. It also examines fault and no-fault divorce procedures and the extent to which these procedures reflect social realities. This volume describes state intervention into the parent and child relationship and how this is reflected in the reexamination of the privacy of the family unit. It concludes with a discussion of the conventional model of adoption of children and how new assisted reproductive technologies are having an impact on family formation, particularly adoption, to take into account new family forms. This second edition captures recent developments affecting family law in America, including the transformation of the institution of marriage from being a relationship between a man and a woman to encompassing same-sex marriage. Also, this new edition features timely material with insights into adoption that take into account developments in assisted reproduction technologies and the discussion of sexual abuse of children by clergy.
|The First Amendment and the Business Corporation
Colombo, Ronald J.
The First Amendment and the Business Corporation explores the means by which the debate over the First Amendment rights of business corporations can be resolved. By recognizing that corporations possess constitutionally relevant differences, we discover a principled basis by which to afford some corporations the rights and protections of the First Amendment but not others. This is critically important, because a “one-size-fits-all” approach to corporate constitutional rights seriously threatens either democratic government or individual liberty. Recognizing rights where they should not be recognized unnecessarily augments the already considerable power and influence that corporations have in our society. However, denying rights where they are due undermines the liberty of human beings to create, patronize, work for, and invest in companies that share their most cherished values and beliefs.
|Intellectual Property and Genetically Modified Organisms: A Convergence in Laws
K3927 .I58 2015
Taking a global viewpoint, this volume addresses issues arising from recent developments in the enduring and topical debates over Genetically Modified Organisms (GMOs) and their relationship to Intellectual Property (IP). The work examines changing responses to the growing acceptance and prevalence of GMOs. Drawing together perspectives from several of the leading international scholars in this area, the contributions seek to break away from analysis of safety and regulation and examine the diversity of ways the law and GMOs have become entangled. This collection presents the start of a much broader engagement with GMOs and law. As GMO technology becomes increasingly more complex and embedded in our lives, this volume will be a useful resource in leading further discussion and debate about GMOs in academia, in government and among those working on future policy.
|Patients with Passports: Medical Tourism, Law and Ethics
Medical tourism is a growing multi-billion dollar industry involving millions of patients who travel abroad each year to get health care. Some seek legitimate services like hip replacements and travel to avoid queues, save money, or because their insurer has given them an incentive to do so. Others seek to circumvent prohibitions on accessing services at home and go abroad to receive abortions, assisted suicide, commercial surrogacy, or experimental stem cell treatments.
In this book, author I. Glenn Cohen focuses on patients traveling for cardiac bypass and other legal services to places like India, Thailand, and Mexico, and analyzes issues of quality of care, disease transmission, liability, private and public health insurance, and the effects of this trade on foreign health care systems. He goes on to examine medical tourism for services illegal in the patient’s home country, such as organ purchase, abortion, assisted suicide, fertility services, and experimental stem cell treatments. Here, Cohen examines issues such as extraterritorial criminalization, exploitation, immigration, and the protection of children. Through compelling narratives, expert data, and industry explanations Patients with Passports enables the reader to connect with the most prevalent legal and ethical issues facing medical tourism today.
|Speak Now: Marriage Equality on Trial: The Story of Hollingsworth v. Perry.
KF229.H654 Y67 2015
Speak Now tells the story of a watershed trial that unfolded over twelve tense days in California in 2010, a trial that legalized same-sex marriage in our most populous state. A trial that interrogated the nature of marriage, the political status of gays and lesbians, the ideal circumstances for raising children, and the ability of direct democracy to protect fundamental rights. A trial that stands as the most potent argument for marriage equality this nation has ever seen.
In telling the story of Hollingsworth v. Perry, the groundbreaking federal lawsuit against Proposition 8, Kenji Yoshino has also written a paean to the vanishing civil trial–an oasis of rationality in what is often a decidedly uncivil debate. Above all, this book is a work of deep humanity, in which Yoshino brings abstract legal arguments to life by sharing his own story of finding love, marrying, and having children as a gay man.
Intellectually rigorous and profoundly compassionate, Speak Now will stand as the definitive account of a landmark civil-rights trial.
|The Tyranny of the Meritocracy: Democratizing Higher Education in America
Standing on the foundations of America’s promise of equal opportunity, our universities purport to serve as engines of social mobility and practitioners of democracy. But as acclaimed scholar and pioneering civil rights advocate Lani Guinier argues, the merit systems that dictate the admissions practices of these institutions are functioning to select and privilege elite individuals rather than create learning communities geared to advance democratic societies. Having studied and taught at schools such as Harvard University, Yale Law School, and the University of Pennsylvania Law School, Guinier has spent years examining the experiences of ethnic minorities and of women at the nation’s top institutions of higher education, and here she lays bare the practices that impede the stated missions of these schools.
|The U.S. Supreme Court’s Modern Common Law Approach to Judicial Decision Making
This book studies the U.S. Supreme Court and its current common law approach to judicial decision making from a national and transnational perspective. The Supreme Court’s modern approach appears detached from and inconsistent with the underlying fundamental principles that ought to guide it, an approach that often leads to unfair and inefficient results. This book suggests the adoption of a judicial decision-making model that proceeds from principles and rules and treats these principles and rules as premises for developing consistent unitary theories to meet current social conditions. This model requires that judicial opinions be informed by a wide range of considerations, beginning with established legal standards – but also including the insights derived from deductive and inductive reasoning, the lessons learned from history and custom – and ending with an examination of the social and economic consequences of the decision. Under this model, the considerations taken to reach a specific result should be articulated through a process that considers various hypotheses, arguments, confutations, and confirmations, and they should be shared with the public.