|Closing the Courthouse Door: How Your Constitutional Rights Became Unenforceable
The Supreme Court’s decisions on constitutional rights are well known and much talked about. But individuals who want to defend those rights need something else as well: access to courts that can rule on their complaints. And on matters of access, the Court’s record over the past generation has been almost uniformly hostile to the enforcement of individual citizens’ constitutional rights. The Court has restricted who has standing to sue, expanded the immunity of governments and government workers, limited the kinds of cases the federal courts can hear, and restricted the right of habeas corpus. Closing the Courthouse Door, by the distinguished legal scholar Erwin Chemerinsky, is the first book to show the effect of these decisions: taken together, they add up to a growing limitation on citizens’ ability to defend their rights under the Constitution. Using many stories of people whose rights have been trampled yet who had no legal recourse, Chemerinsky argues that enforcing the Constitution should be the federal courts’ primary purpose, and they should not be barred from considering any constitutional question.
More New Books
|Achieving Regulatory Excellence
K3178 .A24 2017
Whether striving to protect citizens from financial risks, climate change, inadequate health care, or the uncertainties of the emerging “sharing” economy, regulators must routinely make difficult judgment calls in an effort to meet the conflicting demands that society places on them.
Operating within a political climate of competing demands, regulators need a lodestar to help them define and evaluate success. Achieving Regulatory Excellence provides that direction by offering new insights from law, public administration, political science, sociology, and policy sciences on what regulators need to do to improve their performance.
Achieving Regulatory Excellence offers guidance from leading international experts about how regulators can set appropriate priorities and make sound, evidence-based decisions through processes that are transparent and participatory. With increasing demands for smarter but leaner government, the need for sound regulatory capacity—for regulatory excellence—has never been stronger.
|Adolescents, Rapid Social Change, and the Law: The Transforming Nature of Protection
KF479 .L479 2017
Adolescence, Privacy, and the Law provides a foundation for understanding privacy rights and how they relate to adolescents. Roger Levesque argues that because privacy is actually an inherently social phenomenon, the ways in which adolescents’ privacy needs and rights are shaped are essential to society’s broader privacy interests. A close look at empirical understandings of privacy, how it shapes development, and how privacy itself can be shaped provides important lessons for addressing the critical juncture facing privacy rights and privacy itself.
Adolescence, Privacy, and the Law provides an overview of the three major strands of privacy rights: decisional, spatial, and informational, and extends current understandings of these strands and how the legal system addresses adolescents and their legal status. Levesque presents comprehensive and specific analyses of the place of privacy in adolescent development and its outcomes, the influences that shape adolescents’ expectations and experiences of privacy, and ways to effectively shape adolescents’ use of privacy. He explains why privacy law must move in new directions to address privacy needs and pinpoints the legal foundation for moving in new directions. The book charts broad proposals to guide the development of sociolegal responses to changing social environments related to the privacy of adolescents and challenges jurisprudential analyses claiming that developmental sciences do not offer important and useful tools to guide responses to adolescents’ privacy. Lastly, Levesque responds to likely criticisms that may hamper the development of sociolegal stances more consistent with adolescents’ needs for privacy as well as with societal concerns about privacy.
|American Spies: Modern Surveillance, Why You Should Care, and What to Do About It
Granick, Jennifer Stisa
US intelligence agencies – the eponymous American spies – are exceedingly aggressive, pushing and sometimes bursting through the technological, legal and political boundaries of lawful surveillance. Written for a general audience by a surveillance law expert, this book educates readers about how the reality of modern surveillance differs from popular understanding. Weaving the history of American surveillance – from J. Edgar Hoover through the tragedy of September 11th to the fusion centers and mosque infiltrators of today – the book shows that mass surveillance and democracy are fundamentally incompatible. Granick shows how surveillance law has fallen behind while surveillance technology has given American spies vast new powers. She skillfully guides the reader through proposals for reining in massive surveillance with the ultimate goal of surveillance reform.
|Children’s Justice: How to Improve Legal Representation of Children in the Child Welfare System
KF3735 .D87 2016
This practical guide shares findings from the National Quality Improvement Center on the Representation of Children in the Child Welfare System (QIC-ChildRep), a project of the University of Michigan Law School supported by the U.S. Children’s Bureau. Lawyers trained in the Six Core Skills of the QIC Best Practice Model improved process and outcomes for children. The book identifies: rationale for the QIC Best Practice Model and the Six Core Skills; specifics of the training in the Six Core Skills; lawyer voices as they implemented the new approach; improved child outcomes based on random assignment experimental design; profile of lawyers representing children, their major activities, and the impact; empirical support for social worker/lawyer teams representing children in child welfare cases; and recommendations for the future of child representation based on the QIC experience.
|Climate Change Finance and International Law
Since 2010, a significant quantity of international climate change finance has begun to reach developing countries. However, the transfer of finance under the international climate change regime – the legal and ethical obligations that underpin it, the constraints on its use, its intended outcomes, and its successes, failures, and future potential – constitutes a poorly understood topic.
Climate Change Finance and International Law fills this gap in the legal scholarship. The book analyses the legal obligations of developed countries to financially support qualifying developing countries to pursue globally significant mitigation and adaptation outcomes, as well as the obligations of the latter under the international regime of financial support. Through case studies of climate finance mechanisms and a multitude of other sources, this book delivers a rich legal and empirical understanding of the implementation of states’ climate finance obligations to date.
The book will be of interest to scholars and students of international law and policy, international relations, and the maturing field of climate change law.
|Climate Justice and Human Rights
This book shows that escalating climate destruction today is not the product of public indifference, but of the blocked democratic freedoms of peoples across the world to resist unwanted degrees of capitalist interference with their ecological fate or capacity to change the course of ecological disaster. The author assesses how this state of affairs might be reversed and the societal relevance of universal human rights rejuvenated. It explores how freedom from want, war, persecution and fear of ecological catastrophe might be better secured in the future through a democratic reorganization of procedures of natural resource management and problem resolution amongst self-determining communities. It looks at how increasing human vulnerability to climate destruction forms the basis of a new peoples-powered demand for greater climate justice, as well as a global movement for preventative action and reflexive societal learning.
|Conceptions in the Code: How Metaphors Explain Legal Challenges in Digital Times
Stefan Larsson’s Conceptions in the Code makes a significant contribution to sociolegal analysis, representing a valuable contribution to conceptual metaphor theory. By utilising the case of copyright in a digital context it explains the role that metaphor plays when the law is dealing with technological change, displaying both conceptual path-dependence as well as what is called non-legislative developments in the law.
The overall analysis draws from conceptual studies of “property” in intellectual property. By using Karl Renner’s account of property, Larsson demonstrates how the property regime of copyright is the projection of an older regime of control onto a new set of digital social relations. Further, through an analysis of the concept of “copy” in copyright as well as the metaphorical battle of defining the BitTorrent site “The Pirate Bay” in the Swedish court case with its founders, Larsson shows the historical and embodied dependence of digital phenomena in law, and thereby how normative aspects of the source concept also stains the target domain. The book also draws from empirical studies on file sharing and historical expressions of the conceptualisation of law, revealing both the cultural bias of both file sharing and law. Also law is thereby shown to be largely depending on metaphors and embodiment to be reified and understood. The contribution is relevant for the conceptual and regulatory struggles of a multitude of contemporary socio-digital phenomena in addition to copyright and file sharing, including big data and the oft-praised “openness” of digital innovation.
|Constitutional Torts and the War on Terror
Pfander, James E.
Constitutional Torts and the War on Terror examines the judicial response to human rights claims arising from the Bush Administration’s war on terror. Despite widespread agreement that the Administration’s program of extraordinary rendition, prolonged detention, and “enhanced” interrogation was torture by another name, not a single federal appellate court has confirmed an award of damages to the program’s victims. The silence of the federal courts leaves victims without redress and the constitutional limits on government action undefined.
Many of the suits seeking redress have been based on the landmark 1971 Supreme Court decision in Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics. This book traces the history of common law accountability, the rise of Bivens claims, and the post-Bivens history of constitutional tort litigation. After evaluating the failure of Bivens litigation arising from the war on terror, the book considers and rejects the arguments that have been put forward to explain and justify judicial silence.
The book provides the Supreme Court with the tools needed to rethink its Bivens jurisprudence. Rather than treating the overseas national security context as disabling, modern federal courts should take a page from the nineteenth century, presume the viability of tort litigation, and proceed to the merits. Only by doing so can the federal courts ensure redress for victims and prevent future Administrations from using torture as an instrument of official policy.
|Corporate Human Rights Violations: Global Prospects for Legal Action
This book develops an analysis of the historical, political and legal contexts behind current demands by NGOs and the United Nations Human Rights Council to hold corporations accountable for their human rights violations. Based on an analysis of the range of mechanisms of accountability that currently exist, it argues that that those demands are a response to the failure of neo-liberal policies that have dominated the practice of politics and law since the emergence of this debate in its current form in the 1970s.
Offering a new approach to understanding how struggles for hegemony are refracted through a range of legal challenges to corporate human rights violations, the book offers a fresh perspective for understanding how those struggles are played out in the global sphere. In order to analyse the prospects for using human rights law to challenge the right of corporations to author human rights violations, the book explores the development of a range of political initiatives in the UN, the uses of tort law in domestic courts, and the uses of human rights law at the European Court of Human Rights and at the Inter-American Court of Human Rights.
This book will be essential reading for all those interested in how international institutions and NGOs are both shaping and being shaped by global struggles against corporate power.
|Courting Death: The Supreme Court and Capital Punishment
Steiker, Carol S.
Unique among Western democracies in refusing to eradicate the death penalty, the United States has attempted instead to reform and rationalize state death penalty practices through federal constitutional law. Courting Death traces the unusual and distinctive history of top-down judicial regulation of capital punishment under the Constitution and its unanticipated consequences for our time.
In the 1960s and 1970s, in the face of widespread abolition of the death penalty around the world, provisions for capital punishment that had long fallen under the purview of the states were challenged in federal courts. The U.S. Supreme Court intervened in two landmark decisions, first by constitutionally invalidating the death penalty in Furman v. Georgia (1972) on the grounds that it was capricious and discriminatory, followed four years later by restoring it in Gregg v. Georgia (1976). Since then, by neither retaining capital punishment in unfettered form nor abolishing it outright, the Supreme Court has created a complex regulatory apparatus that has brought executions in many states to a halt, while also failing to address the problems that led the Court to intervene in the first place.
While execution chambers remain active in several states, constitutional regulation has contributed to the death penalty’s new fragility. In the next decade or two, Carol Steiker and Jordan Steiker argue, the fate of the American death penalty is likely to be sealed by this failed judicial experiment. Courting Death illuminates both the promise and pitfalls of constitutional regulation of contentious social issues.
|The Dignity of Commerce: Markets and the Moral Foundations of Contract Law
Why should the law care about enforcing contracts? We tend to think of a contract as the legal embodiment of a moral obligation to keep a promise. When two parties enter into a transaction, they are obligated as moral beings to play out the transaction in the way that both parties expect. But this overlooks a broader understanding of the moral possibilities of the market. Just as Shakespeare’s Shylock can stand on his contract with Antonio not because Antonio is bound by honor but because the enforcement of contracts is seen as important to maintaining a kind of social arrangement, today’s contracts serve a fundamental role in the functioning of society.
With The Dignity of Commerce, Nathan B. Oman argues persuasively that well-functioning markets are morally desirable in and of themselves and thus a fit object of protection through contract law. Markets, Oman shows, are about more than simple economic efficiency. To do business with others, we must demonstrate understanding of and satisfy their needs. This ability to see the world from another’s point of view inculcates key virtues that support a liberal society. Markets also provide a context in which people can peacefully cooperate in the absence of political, religious, or ideological agreement. Finally, the material prosperity generated by commerce has an ameliorative effect on a host of social ills, from racial discrimination to environmental destruction.
The first book to place the moral status of the market at the center of the justification for contract law, The Dignity of Commerce is sure to elicit serious discussion about this central area of legal studies.
|Divorce in Transnational Families: Marriage, Migration and Family Law
K695 .S66 2016
This book uniquely focuses on the role of family law in transnational marriages. The author demonstrates how family law is of critical importance in understanding transnational family life. Based on extensive field research in Morocco, Egypt and the Netherlands, the book examines how, during marriage and divorce, transnational families deal with the interactions of two different legal systems. Sportel studies the interactions of European and Islamic family law, addressing its interconnections with migration and everyday life, within the context of highly politicised debates on gender, Islam, migration and the family.
The book will be of interest to scholars and students of family sociology, migration and diaspora studies, transnational families, family law, and sociology of law.
|Due Process of Law Beyond the State: Requirements of Administrative Procedure
Della Cananea, Giacinto
Traditionally the issues concerning the exercise of administrative powers by public authorities were considered a type of national enclave. It was the responsibility of the state to ensure that adequate procedural safeguards were in place to prevent the government from interfering with the rights of its citizens. During the last few decades, however, a variety of sets of rules regarding procedural due process has developed to govern the conduct of those public authorities who operate on a regional or world regulatory footing, such as the European Union and the World Trade Organization.
Analysing the procedural due process requirements applicable to administrative procedure beyond the borders of the States, this volume demonstrates how regional and global regulatory regimes impose requirements that are strikingly similar to those set out by the most developed legal systems of the world. The book argues that such requirements of administrative procedure are justified not only by the traditional concerns for the protection of individual interests against the misuse of power by public authorities, but also by other values, such as good governance and cooperation between public authorities. Finally, the book conceptualizes such rules as legal requirements which arbitral tribunals and other agencies should respect when interpreting standards of justice.
|Electronic Health Records and Medical Big Data: Law and Policy
This book helps readers gain an in-depth understanding of electronic health record (EHR) systems, medical big data, and the regulations that govern them. It analyzes both the shortcomings and benefits of EHR systems, exploring the law’s response to the creation of these systems, highlighting gaps in the current legal framework, and developing detailed recommendations for regulatory, policy, and technological improvements. Electronic Health Records and Medical Big Data addresses not only privacy and security concerns but also other important challenges, such as those related to data quality and data analysis. In addition, the author formulates a large body of recommendations to improve the technology’s safety, security, and efficacy for both clinical and secondary (such as research) uses of medical data.
|Fundamentals of Guardianship: What Every Guardian Should Know
KF553 .H87 2017
Serving as guardian is never simple or easy. Having the responsibility to make major life decisions for another is much more difficult than making decisions for oneself. This book thoroughly explains the roles and responsibilities of a guardian and provides a step-by-step guide through the process of how to make responsible and ethic decisions, prudently manage another person’s resources, avoid conflicts of interest, and involve the person under guardianship in the decision process. The book is written by guardians with decades of experience and members of the National Guardianship Association.
This book will appeal to anyone appointed as guardian or conservator i.e., lawyer, family member, friend, volunteer, or public or private entity, as well as all those who serve vulnerable adults.
|Growing Up Coy
Growing Up Coy follows a landmark transgender rights case in Colorado where a six-year-old transgender girl named Coy has been banned from the girl’s bathroom at her school. Coy’s parents hire a lawyer to pursue a civil rights case of discrimination, and the family is thrust into the international media spotlight, causing their lives to change forever. A timely topic as states across the US battle with this civil rights issue. The film also asks a universal question that every parent may face: “How far would you go to fight for your child’s rights?”
|The Human Right to Water: From Concept to Reality
K3496 .H86 2016
The discourse on the human right to water presents deliberations on the concept, content and rationale for the right, with little attention to the practical question of translating the right into reality. This book aims to fill this void by focusing on ‘realization’ of the right by its holders, examining how effective the mechanisms are for ‘implementing’ the right in enabling its universal realization. In a quest to answer this question, the book draws a conceptual differentiation between ‘implementation’ and ‘realization’ of the right, arguing that unlike implementation – which is an objective process of creation and implementation of measures such as legal frameworks, institutional structures or policy and action guidelines, realization of the right is a subjective process that extends much beyond. It takes shape within specific contextual settings which may include varied situations, yet remains neglected in the related academic and action forums. This book attempts to address this void by discussing some of the most significant contexts and the underlying problems and concerns that strongly influence realization of the human right to water. It contends that if the right is to be truly realized, these different contexts – which can be further classified as ‘objective’ and ‘subjective’ – must be understood, analysed and appropriately addressed before framing and implementing relevant action. The book further situates the human right to water discourse in a broader interdisciplinary perspective, expanding its scope beyond the narrower legal dimensions, linking it to the wider field of water resources management/governance. Through the novel ideas it proposes, the book makes an innovative and unique contribution in the field of human right to water which is of great scientific value.
|Human Rights and Disability: Interdisciplinary Perspectives
K637 .H856 2017
The formerly established medically-based idea of disability, with its charity-based approach to treatment and services, is being replaced by a human rights-based approach in which people with impairments are no longer considered medical problems, totally dependent on the beneficence of non-impaired people in society, but have fundamental rights to support, inclusion, and participation. This interdisciplinary book examines the diverse concerns that people with impairments face in the context of human rights, provides insights into new developments on important issues relating human rights to disability, and features new approaches and solutions to vital problems in the current debate.
|Human Rights Mechanism in South Asia
Shveta Dhaliwal teaches at the Rajiv Gandhi National University of Law, Punjab, Patiala, India. Her areas of specialisation are geopolitics, regional human rights systems, comparative political thought and international relations. She has published more than 40 research papers and presented over 150 papers in international and national conferences. She has an authored and three edited books to her credit. She is member of the Indian Political Science Association and the Indian Society of International Law and South Asian Foundation.
Hall, Keith B.
Identifying the major legal issues raised by hydraulic fracturing, including the current transactional, regulatory, and litigation issues that are most relevant to the real estate and environmental law practitioner, this book also provides practical suggestions to lawyers representing clients in real property transactions.
|In Praise of Litigation
KF8840 .L255 2017
While the right to have one’s day in court is a cherished feature of the American democratic system, alarms that the United States is hopelessly litigious and awash in frivolous claims have become so commonplace that they are now a fixture in the popular imagination. According to this view, litigation wastes precious resources, stifles innovation and productivity, and corrodes our social fabric and the national character. Calls for reform have sought, often successfully, to limit people’s access to the court system, most often by imposing technical barriers to bringing suit.
Alexandra Lahav’s In Praise of Litigation provides a much needed corrective to this flawed perspective, reminding us of the irreplaceable role of litigation in a well-functioning democracy and debunking many of the myths that cloud our understanding of this role. For example, the vast majority of lawsuits in the United States are based on contract claims, the median value of lawsuits is on a downward trend, and, on a per capita basis, many fewer lawsuits are filed today than were filed in the 19th century. Exploring cases involving freedom of speech, foodborne illness, defective cars, business competition, and more, the book shows that despite its inevitable limitations, litigation empowers citizens to challenge the most powerful public and private interests and hold them accountable for their actions.
Lawsuits change behavior, provide information to consumers and citizens, promote deliberation, and express society’s views on equality and its most treasured values. In Praise of Litigation shows how our court system protects our liberties and enables civil society to flourish, and serves as a powerful reminder of why we need to protect people’s ability to use it.
|International Human Rights Protection: Balanced, Critical, Realistic
Bossuyt, Marc J.
International Human Rights Protection is addressed to judges and lawyers, diplomats and civil servants, researchers and students. It is based on the author’s personal research and personal involvement with a wide range of subjects, such as: the basic concepts of civil and social rights; discrimination and affirmative action; issues of procedure and jurisdiction; the death penalty; and issues such as the protection of refugees, minorities and victims of armed conflicts. At the universal level, the book introduces the reader to the labyrinth of United Nations Charter-based and treaty-based procedures. As well as an overview of the Inter-American and African systems, it deals at the regional level-particularly with the case law of the European Court of Human Rights in Strasbourg, and also looks at the national level at the case law of the US Supreme Court and the South African Constitutional Court. This book adopts a particularly critical approach to the so-called “dynamic” interpretation of the European Convention on Human Rights by the Court of Strasbourg. It is the author’s feeling that judges, in particular those belonging to courts specialising in human rights, have a tendency to systematically support interpretations benefitting the applicants, while overlooking too easily the far-reaching implications of judgments for society as a whole. The author, instead, puts forward a more balanced and more realistic approach which takes into account the difficulties democratic governments face in coping with the challenges of our present time and with the pressing needs of the realities of today’s world.
|Interpretation of International Investment Treaties
K3830 .G39 2016
This book offers a systematic study of the interpretation of investment-related treaties-primarily bilateral investment treaties, the Energy Charter Treaty, Chapter XI NAFTA, as well as relevant parts of Free Trade Agreements. The importance of interpretation in international law cannot be overstated and, indeed, most treaty claims adjudicated before investment arbitral tribunals have raised, and continue to raise, crucial and often complex issues of interpretation. The interpretation of investment treaties is governed by the Vienna Convention on the Law of Treaties (VCLT). The disputes related to these treaties, however, are very peculiar as they oppose a multinational company (or a natural person) to a sovereign government. Fundamental questions dealt with in the study include: Are investment treaties a special category of treaties for the purpose of interpretation? How have the rules on interpretation contained in the VCLT been applied in investment disputes? What are the main problems encountered in investment-related disputes? To what extent are the VCLT rules suited to the interpretation of investment treaties? Have tribunals developed new techniques concerning treaty interpretation? Are these techniques consistent with the VCLT? How can problems related to interpretation be solved or minimised? How creative have arbitral tribunals been in interpreting investment treaties? And are States capable of keeping effective control over interpretation?
|Inventing American Exceptionalism : The Origins of American Adversarial Legal Culture, 1800-1877
Kessler, Amalia D.
When Americans imagine their legal system, it is the adversarial trial—dominated by dueling larger-than-life lawyers undertaking grand public performances—that first comes to mind. But as award-winning author Amalia Kessler reveals in this engrossing history, it was only in the turbulent decades before the Civil War that adversarialism became a defining American practice and ideology, displacing alternative, more judge-driven approaches to procedure. By drawing on a broad range of methods and sources—and by recovering neglected influences (including from Europe)—the author shows how the emergence of the American adversarial legal culture was a product not only of developments internal to law, but also of wider socioeconomic, political, and cultural debates over whether and how to undertake market regulation and pursue racial equality. As a result, adversarialism came to play a key role in defining American legal institutions and practices, as well as national identity.
|Judicial Elections in the 21st Century
KF8776 .J85 2017
Leading authorities present the latest cutting edge research on state judicial elections. Starting with recent transformations in the electoral landscape, including those brought about by U.S. Supreme Court rulings, this volume provides penetrating analyses of partisan, nonpartisan, and retention elections to state supreme courts, intermediate appellate courts, and trial courts. Topics include citizen participation, electoral competition, fundraising and spending, judicial performance evaluations, reform efforts,attack campaigns, and other organized efforts to oust judges. This volume also evaluates the impact of judicial elections on numerous aspects of American politics, including citizens’ perceptions of judicial legitimacy, diversity on the bench, and the consequences of who wins on subsequent court decisions. Many of the chapters offer predictions about how judicial elections might look in the future. Overall, this collection provides a sharp evidence-based portrait of how modern judicial elections actually work in practice and their consequences for state judiciaries and the American people.
|Lawyers as Changemakers: The Global Integrative Law Movement
Wright, J. Kim
Integrative lawyers are the harbingers of a new cultural consciousness and are leaders in social evolution. Integrative Law isn’t just an approach to legal procedures. It has to do with a fundamental shift in world view, an expansion of what we think is possible. Integrative Lawyers explore and draw upon many disciplines and wisdom traditions, such as philosophy, science, psychology, and spirituality. They bring this consciousness into the law and are partners with colleagues in other disciplines.
|Legal But Corrupt: A New Perspective on Public Ethics
KF9409 .L44 2017
Labeling a person, institution or particular behavior as “corrupt” signals both political and moral disapproval and, in a functioning democracy, should stimulate inquiry, discussion, and, if the charge is well-founded, reform. This book argues, in a set of closely related chapters, that the political community and scholars alike have underestimated the extent of corruption in the United States and elsewhere and thus, awareness of wrong-doing is limited and discussion of necessary reform is stunted. In fact, there is a class of behaviors and institutions that are legal, but corrupt. They are accepted as legitimate by statute and practice, but they inflict very real social, economic, and political damage. This book explains why it is important to identify legally accepted corruption and provides a series of examples of corruption using this perspective.
|Newsworthy: The Supreme Court Battle over Privacy and Press Freedom
In 1952, the Hill family was held hostage by escaped convicts in their suburban Pennsylvania home. The family of seven was trapped for nineteen hours by three fugitives who treated them politely, took their clothes and car, and left them unharmed. The Hills quickly became the subject of international media coverage. Public interest eventually died out, and the Hills went back to their ordinary, obscure lives. Until, a few years later, the Hills were once again unwillingly thrust into the spotlight by the media―with a best-selling novel loosely based on their ordeal, a play, a big-budget Hollywood adaptation starring Humphrey Bogart, and an article in Life magazine. Newsworthy is the story of their story, the media firestorm that ensued, and their legal fight to end unwanted, embarrassing, distorted public exposure that ended in personal tragedy. This story led to an important 1967 Supreme Court decision―Time, Inc. v. Hill―that still influences our approach to privacy and freedom of the press. Newsworthy draws on personal interviews, unexplored legal records, and archival material, including the papers and correspondence of Richard Nixon (who, prior to his presidency, was a Wall Street lawyer and argued the Hill family’s case before the Supreme Court), Leonard Garment, Joseph Hayes, Earl Warren, Hugo Black, William Douglas, and Abe Fortas. Samantha Barbas explores the legal, cultural, and political wars waged around this seminal privacy and First Amendment case. This is a story of how American law and culture struggled to define and reconcile the right of privacy and the rights of the press at a critical point in history―when the news media were at the peak of their authority and when cultural and political exigencies pushed free expression rights to the forefront of social debate. Newsworthy weaves together a fascinating account of the rise of big media in America and the public’s complex, ongoing love-hate affair with the press.
|No Simple Solutions: Transforming Public Housing in Chicago
Popkin, Susan J.
In this book, Sue Popkin tells the story of how an ambitious and risky social experiment affected the lives of the people it was ultimately intended to benefit: the residents who had suffered through the worst days of crime, decay, and rampant mismanagement of the Chicago Housing Authority (CHA), and now had to face losing the only home many of them had known. The stories Popkin tells in this book offer important lessons not only for Chicago, but for the many other American cities still grappling with the legacy of racial segregation and failed federal housing policies, making this book a vital resource for city planners and managers, urban development professionals, and anti-poverty activists.
|Owning Ideas: The Intellectual Origins of American Intellectual Property, 1790-1909
Owning Ideas is a comprehensive account of the emergence of the concept of intellectual property in the United States during the long nineteenth century. In the modern information era, intellectual property has become a central economic and cultural phenomenon and an important lever for allocating wealth and power. This book uncovers the intellectual origins of this modern concept of private property in ideas through a close study of its emergence within the two most important areas of this field: patent and copyright. By placing the development of legal concepts within their social context, this study reconstructs the radical transformation of the idea. Our modern notion of owning ideas, it argues, came into being when the ideals of eighteenth-century possessive individualism at the heart of early patent and copyright were subjected to the forces and ideology of late-nineteenth-century corporate liberalism.
|The State and the Body: Legal Regulation of Bodily Autonomy
This book investigates the limits of the legitimate role of the state in regulating the human body. It questions whether there is a public interest in issues of bodily autonomy, with particular focus on reproductive choices, end of life choices, sexual autonomy, body modifications, and selling the body. The main question addressed in this book is whether such autonomous choices about the human body are, and should be, subject to state regulation. Potential justifications for the state’s intervention into these issues through mechanisms such as criminal law and regulatory schemes are evaluated. These include preventing harm to others and/or to the individual involved, as well as more abstract concepts, such as public morality, the sanctity of human life, and the protection of human dignity. The State and the Body argues that the state should be particularly wary about encroaching upon exercises of autonomy by embodied selves. It concludes that only interventions based upon Mill’s harm principle or, in tightly confined circumstances, the dignity of the human species as a whole should suffice to justify public intervention into private choices about the body.
|Tainted Witness: Why We Doubt What Women Say About Their Lives
In 1991, Anita Hill’s testimony during Clarence Thomas’s Senate confirmation hearing brought the problem of sexual harassment to a public audience. Although widely believed by women, Hill was defamed by conservatives and Thomas was confirmed to the Supreme Court. The tainting of Hill and her testimony is part of a larger social history in which women find themselves caught up in a system that refuses to believe what they say. Hill’s experience shows how a tainted witness is not who someone is, but what someone can become.
Why are women so often considered unreliable witnesses to their own experiences? How are women discredited in legal courts and in courts of public opinion? Why is women’s testimony so often mired in controversies fueled by histories of slavery and colonialism? How do new feminist witnesses enter testimonial networks and disrupt doubt? Tainted Witness examines how gender, race, and doubt stick to women witnesses as their testimony circulates in search of an adequate witness. Judgment falls unequally upon women who bear witness, as well-known conflicts about testimonial authority in the late twentieth and early twenty-first centuries reveal. Women’s testimonial accounts demonstrate both the symbolic potency of women’s bodies and speech in the public sphere and the relative lack of institutional security and control to which they can lay claim. Each testimonial act follows in the wake of a long and invidious association of race and gender with lying that can be found to this day within legal courts and everyday practices of judgment, defining these locations as willfully unknowing and hostile to complex accounts of harm. Bringing together feminist, literary, and legal frameworks, Leigh Gilmore provides provocative readings of what happens when women’s testimony is discredited. She demonstrates how testimony crosses jurisdictions, publics, and the unsteady line between truth and fiction in search of justice.
|Vaccine Court: The Law and Politics of Injury
The so-called vaccine court is a small special court in the United States Court of Federal Claims that handles controversial claims that a vaccine has harmed someone. While vaccines in general are extremely safe and effective, some people still suffer severe vaccine reactions and bring their claims to vaccine court. In this court, lawyers, activists, judges, doctors, and scientists come together, sometimes arguing bitterly, trying to figure out whether a vaccine really caused a person’s medical problem.
In Vaccine Court, Anna Kirkland draws on the trials of the vaccine court to explore how legal institutions resolve complex scientific questions. What are vaccine injuries, and how do we come to recognize them? What does it mean to transform these questions into a legal problem and funnel them through a special national vaccine court, as we do in the U.S.? What does justice require for vaccine injury claims, and how can we deliver it? These are highly contested questions, and the terms in which they have been debated over the last forty years are highly revealing of deeper fissures in our society over motherhood, community, health, harm, and trust in authority. While many scholars argue that it’s foolish to let judges and lawyers decide medical claims about vaccines, Kirkland argues that our political and legal response to vaccine injury claims shows how well legal institutions can handle specialized scientific matters. Vaccine Court is an accessible and thorough account of what the vaccine court is, why we have it, and what it does.
|What Every Law Student Really Needs to Know: An Introduction to the Study of Law
George, Tracey E.
This brief book is designed to prepare students for their first year of law school, thereby decreasing their anxiety and increasing their chances of achieving academic success. Also appropriate for non-J.D. students, including LLM students from foreign countries and graduate students outside law school.
Features: Gives student basic grounding in discrete non-legal topics that are important to the contemporary study of law; Includes Test Your Understanding boxes to allow students to use what they are learning; Friendly writing style; Images and graphics help students remember material
|Working Law: Courts, Corporations, and Symbolic Civil Rights
Edelman, Lauren B.
Since the passage of the Civil Rights Act, virtually all companies have antidiscrimination policies in place. Although these policies represent some progress, women and minorities remain underrepresented within the workplace as a whole and even more so when you look at high-level positions. They also tend to be less well paid. How is it that discrimination remains so prevalent in the American workplace despite the widespread adoption of policies designed to prevent it?
One reason for the limited success of antidiscrimination policies, argues Lauren B. Edelman, is that the law regulating companies is broad and ambiguous, and managers therefore play a critical role in shaping what it means in daily practice. Often, what results are policies and procedures that are largely symbolic and fail to dispel long-standing patterns of discrimination. Even more troubling, these meanings of the law that evolve within companies tend to eventually make their way back into the legal domain, inconspicuously influencing lawyers for both plaintiffs and defendants and even judges. When courts look to the presence of antidiscrimination policies and personnel manuals to infer fair practices and to the presence of diversity training programs without examining whether these policies are effective in combating discrimination and achieving racial and gender diversity, they wind up condoning practices that deviate considerably from the legal ideals.