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The Soul of Creativity
Regular price $28.00 Save $-28.00In the United States, human creativity is historically understood to be motivated by economic concerns. However, this perspective fails to account for the reality that human creativity is also often the result of internal motivations having nothing to do with money. This book addresses what motivates human creativity and how the law governing authors' rights should be shaped in response to these motivations.
On a practical level, it illustrates how integrating a fuller appreciation of the inspirational dimension of the creative process will allow us to think more expansively about legal protections for authors. Many types of creators currently lack the legal ability to compel attribution for their work, to prevent misattribution, and to safeguard their work from unwanted modifications. Drawing from a number of diverse sources, including literary, philosophical, and religious works, this book offers real solutions for crafting legal measures that facilitate an author's ability to safeguard his or her work without entirely sacrificing the intellectual property policies in practice in the United States today.

The Street Politics of Abortion
Regular price $110.00 Save $-110.00The U.S. Supreme Court decision in Roe v. Wade stands as a historic victory for abortion-rights activists. But rather than serving as the coda to what had been a comparatively low-profile social conflict, the decision mobilized a wave of anti-abortion protests and ignited a heated struggle that continues to this day.
Picking up the story in the contentious decades that followed Roe, The Street Politics of Abortion is the first book to consider the rise and fall of clinic-front protests through the 1980s and 1990s, the most visible and contentious period in U.S. reproductive politics. Joshua Wilson considers how street level protests lead to three seminal Court decisions—Planned Parenthood v. Williams, Schenck v. Pro-Choice Network of Western N.Y., and Hill v. Colorado. The eventual demise of street protests via these cases taught anti-abortion activists the value of incremental institutional strategies that could produce concrete policy gains without drawing the public's attention. Activists on both sides ultimately moved—often literally—from the streets to fight in state legislative halls and courtrooms.
At its core, the story of clinic-front protests is the story of the Christian Right's mercurial assent as a force in American politics. As the conflict moved from the street, to the courts, and eventually to legislative halls, the competing sides came to rely on a network of lawyers and professionals to champion their causes. New Christian Right institutions—including Pat Robertson's American Center for Law and Justice and the Regent University Law School, and Jerry Falwell's Liberty University School of Law—trained elite activists for their "front line" battles in government. Wilson demonstrates how the abortion-rights movement, despite its initial success with Roe, has since faced continuous challenges and difficulties, while the anti-abortion movement continues to gain strength in spite of its losses.

The Street Politics of Abortion
Regular price $28.00 Save $-28.00The U.S. Supreme Court decision in Roe v. Wade stands as a historic victory for abortion-rights activists. But rather than serving as the coda to what had been a comparatively low-profile social conflict, the decision mobilized a wave of anti-abortion protests and ignited a heated struggle that continues to this day.
Picking up the story in the contentious decades that followed Roe, The Street Politics of Abortion is the first book to consider the rise and fall of clinic-front protests through the 1980s and 1990s, the most visible and contentious period in U.S. reproductive politics. Joshua Wilson considers how street level protests lead to three seminal Court decisions—Planned Parenthood v. Williams, Schenck v. Pro-Choice Network of Western N.Y., and Hill v. Colorado. The eventual demise of street protests via these cases taught anti-abortion activists the value of incremental institutional strategies that could produce concrete policy gains without drawing the public's attention. Activists on both sides ultimately moved—often literally—from the streets to fight in state legislative halls and courtrooms.
At its core, the story of clinic-front protests is the story of the Christian Right's mercurial assent as a force in American politics. As the conflict moved from the street, to the courts, and eventually to legislative halls, the competing sides came to rely on a network of lawyers and professionals to champion their causes. New Christian Right institutions—including Pat Robertson's American Center for Law and Justice and the Regent University Law School, and Jerry Falwell's Liberty University School of Law—trained elite activists for their "front line" battles in government. Wilson demonstrates how the abortion-rights movement, despite its initial success with Roe, has since faced continuous challenges and difficulties, while the anti-abortion movement continues to gain strength in spite of its losses.

The Theory and Practice of Statutory Interpretation
Regular price $28.00 Save $-28.00Today, statutes make up the bulk of the relevant law heard in federal courts and arguably represent the most important source of American law. The proper means of judicial interpretation of those statutes have been the subject of great attention and dispute over the years. This book provides new insights into the theory and practice of statutory interpretation by courts.
Cross offers the first comprehensive analysis of statutory interpretation and includes extensive empirical evidence of Supreme Court practice. He offers a thorough review of the active disputes over the appropriate approaches to statutory interpretations, namely whether courts should rely exclusively on the text or also examine the legislative history. The book then considers the use of these approaches by the justices of the recent Rehnquist Court and the degree to which they were applied by the justices, either sincerely or in pursuit of an ideological agenda.

The Theory and Practice of Statutory Interpretation
Regular price $110.00 Save $-110.00Today, statutes make up the bulk of the relevant law heard in federal courts and arguably represent the most important source of American law. The proper means of judicial interpretation of those statutes have been the subject of great attention and dispute over the years. This book provides new insights into the theory and practice of statutory interpretation by courts.
Cross offers the first comprehensive analysis of statutory interpretation and includes extensive empirical evidence of Supreme Court practice. He offers a thorough review of the active disputes over the appropriate approaches to statutory interpretations, namely whether courts should rely exclusively on the text or also examine the legislative history. The book then considers the use of these approaches by the justices of the recent Rehnquist Court and the degree to which they were applied by the justices, either sincerely or in pursuit of an ideological agenda.

The Transparency Fix
Regular price $110.00 Save $-110.00Is the government too secret or not secret enough? Why is there simultaneously too much government secrecy and a seemingly endless procession of government leaks? The Transparency Fix asserts that we incorrectly assume that government information can be controlled. The same impulse that drives transparency movements also drives secrecy advocates. They all hold the mistaken belief that government information can either be released or kept secure on command.
The Transparency Fix argues for a reformation in our assumptions about secrecy and transparency. The world did not end because Julian Assange, WikiLeaks, and Edward Snowden released classified information. But nor was there a significant political change. "Transparency" has become a buzzword, while secrecy is anathema. Using a variety of real-life examples to examine how government information actually flows, Mark Fenster describes how the legal regime's tenuous control over state information belies both the promise and peril of transparency. He challenges us to confront the implausibility of controlling government information and shows us how the contemporary obsession surrounding transparency and secrecy cannot radically change a state that is defined by so much more than information.

The Transparency Fix
Regular price $28.00 Save $-28.00Is the government too secret or not secret enough? Why is there simultaneously too much government secrecy and a seemingly endless procession of government leaks? The Transparency Fix asserts that we incorrectly assume that government information can be controlled. The same impulse that drives transparency movements also drives secrecy advocates. They all hold the mistaken belief that government information can either be released or kept secure on command.
The Transparency Fix argues for a reformation in our assumptions about secrecy and transparency. The world did not end because Julian Assange, WikiLeaks, and Edward Snowden released classified information. But nor was there a significant political change. "Transparency" has become a buzzword, while secrecy is anathema. Using a variety of real-life examples to examine how government information actually flows, Mark Fenster describes how the legal regime's tenuous control over state information belies both the promise and peril of transparency. He challenges us to confront the implausibility of controlling government information and shows us how the contemporary obsession surrounding transparency and secrecy cannot radically change a state that is defined by so much more than information.

Tort, Custom, and Karma
Regular price $26.00 Save $-26.00Diverse societies are now connected by globalization, but how do ordinary people feel about law as they cope day-to-day with a transformed world? Tort, Custom, and Karma examines how rapid societal changes, economic development, and integration into global markets have affected ordinary people's perceptions of law, with a special focus on the narratives of men and women who have suffered serious injuries in the province of Chiangmai, Thailand.
This work embraces neither the conventional view that increasing global connections spread the spirit of liberal legalism, nor its antithesis that backlash to interconnection leads to ideologies such as religious fundamentalism. Instead, it looks specifically at how a person's changing ideas of community, legal justice, and religious belief in turn transform the role of law particularly as a viable form of redress for injury. This revealing look at fundamental shifts in the interconnections between globalization, state law, and customary practices uncovers a pattern of increasing remoteness from law that deserves immediate attention.

Tort, Custom, and Karma
Regular price $105.00 Save $-105.00Diverse societies are now connected by globalization, but how do ordinary people feel about law as they cope day-to-day with a transformed world? Tort, Custom, and Karma examines how rapid societal changes, economic development, and integration into global markets have affected ordinary people's perceptions of law, with a special focus on the narratives of men and women who have suffered serious injuries in the province of Chiangmai, Thailand.
This work embraces neither the conventional view that increasing global connections spread the spirit of liberal legalism, nor its antithesis that backlash to interconnection leads to ideologies such as religious fundamentalism. Instead, it looks specifically at how a person's changing ideas of community, legal justice, and religious belief in turn transform the role of law particularly as a viable form of redress for injury. This revealing look at fundamental shifts in the interconnections between globalization, state law, and customary practices uncovers a pattern of increasing remoteness from law that deserves immediate attention.

Victims' Rights and Victims' Wrongs
Regular price $65.00 Save $-65.00"Don't blame the victim" is a cornerstone maxim of Anglo-American jurisprudence, but should the law generally ignore a victim's behavior in determining a defendant's liability? Victims' Rights and Victims' Wrongs criticizes the current criminal law approach and outlines a more fair, coherent, and efficient set of rules to recognize that victims sometimes co-author their own losses or injuries.
Evaluating a number of controversial cases involving euthanasia, sadomasochism, date rape, battered wives, and "innocent" aggressors, Vera Bergelson builds a theoretical foundation for reform. Her approach to comparative criminal liability takes into account the actions of both the perpetrator and the victim and offers a unitary explanation for consent, self-defense, and provocation. This innovative book supplies a practical and coherent mechanism for evaluating the impact of a victim's conduct on a perpetrator's liability in a variety of circumstances, including those that are now artificially excluded from comparative analysis.

Virtual Freedom
Regular price $105.00 Save $-105.00
Virtual Freedom
Regular price $26.00 Save $-26.00Communications giants like Google, Comcast, and AT&T enjoy increasingly unchecked control over speech. As providers of broadband access and Internet search engines, they can control online expression. Their online content restrictions—from obstructing e-mail to censoring cablecasts—are considered legal because of recent changes in free speech law.
In this book, Dawn Nunziato criticizes recent changes in free speech law in which only the government need refrain from censoring speech, while companies are permitted to self-regulate. By enabling Internet providers to exercise control over content, the Supreme Court and the FCC have failed to protect the public's right to access a broad diversity of content. Nunziato argues that regulation is necessary to ensure the free flow of information and to render the First Amendment meaningful in the twenty-first century. This book offers an urgent call to action, recommending immediate steps to preserve our free speech rights online.

Wholesale Justice
Regular price $140.00 Save $-140.00
Wholesale Justice
Regular price $35.00 Save $-35.00In recent years, much political and legal debate has centered on the class action lawsuit. Many lawyers and judges have noted the intense pressure to settle caused by the very filing of a suit. Some contend that the procedure amounts to a form of judicial blackmail. Others counter that it is an effective means of policing corporate behavior and assuring injured victims' fair compensation.
This book represents the first scholarly effort to view the modern class action comprehensively through the lenses of American political and constitutional theory. Redish argues that the modern class action undermines foundational constitutional principles, including procedural due process and separation of powers, and has been improperly transformed from its origins as a complex procedural device into a means for altering controlling substantive law in highly undemocratic ways. Redish proposes an alternative vision of the class action lawsuit, one that is designed to enable the device to serve its valuable procedural purposes without simultaneously contravening core precepts of American constitutional democracy.

Zooland
Regular price $110.00 Save $-110.00This book takes a unique stance on a controversial topic: zoos. Zoos have their ardent supporters and their vocal detractors. And while we all have opinions on what zoos do, few people consider how they do it. Irus Braverman draws on more than seventy interviews conducted with zoo managers and administrators, as well as animal activists, to offer a glimpse into the otherwise unknown complexities of zooland.
Zooland begins and ends with the story of Timmy, the oldest male gorilla in North America, to illustrate the dramatic transformations of zoos since the 1970s. Over these decades, modern zoos have transformed themselves from places created largely for entertainment to globally connected institutions that emphasize care through conservation and education.
Zoos naturalize their spaces, classify their animals, and produce spectacular experiences for their human visitors. Zoos name, register, track, and allocate their animals in global databases. Zoos both abide by and create laws and industry standards that govern their captive animals. Finally, zoos intensely govern the reproduction of captive animals, carefully calculating the life and death of these animals, deciding which of them will be sustained and which will expire. Zooland takes readers behind the exhibits into the world of zoo animals and their caretakers. And in so doing, it turns its gaze back on us to make surprising interconnections between our understandings of the human and the nonhuman.

Zooland
Regular price $28.00 Save $-28.00This book takes a unique stance on a controversial topic: zoos. Zoos have their ardent supporters and their vocal detractors. And while we all have opinions on what zoos do, few people consider how they do it. Irus Braverman draws on more than seventy interviews conducted with zoo managers and administrators, as well as animal activists, to offer a glimpse into the otherwise unknown complexities of zooland.
Zooland begins and ends with the story of Timmy, the oldest male gorilla in North America, to illustrate the dramatic transformations of zoos since the 1970s. Over these decades, modern zoos have transformed themselves from places created largely for entertainment to globally connected institutions that emphasize care through conservation and education.
Zoos naturalize their spaces, classify their animals, and produce spectacular experiences for their human visitors. Zoos name, register, track, and allocate their animals in global databases. Zoos both abide by and create laws and industry standards that govern their captive animals. Finally, zoos intensely govern the reproduction of captive animals, carefully calculating the life and death of these animals, deciding which of them will be sustained and which will expire. Zooland takes readers behind the exhibits into the world of zoo animals and their caretakers. And in so doing, it turns its gaze back on us to make surprising interconnections between our understandings of the human and the nonhuman.
