Law

Tort law regulates most human activities: from driving a car to using consumer products to providing or receiving medical care. Injuries caused by dog bites, slips and falls, fender benders, bridge collapses, adverse reactions to a medication, bar fights, oil spills, and more all implicate the law of torts. The rules and procedures by which tort cases are resolved engage deeply-held intuitions about justice, causation, intentionality, and the obligations that we owe to one another. Tort rules and procedures also generate significant controversy—most visibly in political debates over tort reform.

The Psychology of Tort Law explores tort law through the lens of psychological science. Drawing on a wealth of psychological research and their own experiences teaching and researching tort law, Jennifer K. Robbennolt and Valerie P. Hans examine the psychological assumptions that underlie doctrinal rules. They explore how tort law influences the behavior and decision-making of potential plaintiffs and defendants, examining how doctors and patients, drivers, manufacturers and purchasers of products, property owners, and others make decisions against the backdrop of tort law. They show how the judges and jurors who decide tort claims are influenced by psychological phenomena in deciding cases. And they reveal how plaintiffs, defendants, and their attorneys resolve tort disputes in the shadow of tort law.

Robbennolt and Hans here shed fascinating light on the tort system, and on the psychological dynamics which undergird its functioning.

2024 Daniel E. Griffiths Research Award Winner

2024 Outstanding Academic Title, given by Choice Reviews

An expansive volume presenting crip approaches to writing, research, and publishing.

Crip Authorship: Disability as Method is an expansive volume presenting the multidisciplinary methods brought into being by disability studies and activism. Mara Mills and Rebecca Sanchez have convened leading scholars, artists, and activists to explore the ways disability shapes authorship, transforming cultural production, aesthetics, and media.

Starting from the premise that disability is plural and authorship spans composition, affect, and publishing, this collection of thirty-five compact essays asks how knowledge about disability is produced and shared in disability studies. Disability alters, generates, and dismantles method. Crip authorship takes place within and beyond the commodity version of authorship, in books, on social media, and in creative works that will never be published.

The chapters draw on the expertise of international researchers and activists in the humanities, social sciences, education, arts, and design. Across five sections—Writing, Research, Genre/Form, Publishing, Media—contributors consider disability as method for creative work: practices of writing and other forms of composition; research methods and collaboration; crip aesthetics; media formats and hacks; and the capital, access, legal standing, and care networks required to publish. Designed to be accessible and engaging for students, Crip Authorship also provides theoretically sophisticated arguments in a condensed form that will make the text a key resource for disability studies scholars.

Essays include Mel Y Chen on the temporality of writing with chronic illness; Remi Yergeau on perseveration; La Marr Jurelle Bruce on mad Black writing; Alison Kafer on the reliance of the manifesto genre on disability; Jaipreet Virdi on public scholarship for disability justice; Ellen Samuels on the importance of disability and illness to autotheory; Xuan Thuy Nguyen on decolonial research methods for disability studies; Emily Lim Rogers on virtual ethnography; Cameron Awkward-Rich on depression and trans reading methods; Robert McRuer on crip theory in translation; Kelsie Acton on plain language writing; and Georgina Kleege on description as an access and aesthetic technique.

A chronicle of ableism and disability activism in New York City during the COVID-19 pandemic

How to Be Disabled in a Pandemic documents the pivotal experiences of disabled people living in an early epicenter of COVID-19: New York City. Among those hardest hit by the pandemic, disability communities across the five boroughs have been disproportionately impacted by city and national policies, work and housing conditions, stigma, racism, and violence—as much as by the virus itself. Disabled and chronically-ill activists have protested plans for medical rationing and refuted the eugenic logic of mainstream politicians and journalists who “reassure” audiences that only older people and those with disabilities continue to die from COVID-19. At the same time, as exemplified by the viral hashtag #DisabledPeopleToldYou, disability expertise has become widely recognized in practices such as accessible remote work and education, quarantine, and distributed networks of support and mutual aid. This edited volume charts the legacies of this “mass disabling event” for uncertain viral futures, exploring the dialectic between disproportionate risk and the creativity of a disability justice response.

How to Be Disabled in a Pandemic includes contributions by wide-ranging disability scholars, writers, and activists whose research and lived experiences chronicle the pandemic’s impacts in prisons, migrant detention centers, Chinatown senior centers, hospitals in Queens and the Bronx, subways, schools, housing shelters, social media, and other locations of public and private life. By focusing on New York City over the course of three years, the book reveals key themes of the pandemic, including hierarchies of disability "vulnerability," the deployment of disability as a tool of population management, and innovative crip pandemic cultural production. How to Be Disabled in a Pandemic honors those lost, as well as those who survived, by calling for just policies and caring infrastructures, not only in times of crisis but for the long haul.

The 2012 Deferred Action for Childhood Arrivals (DACA) program was supposed to be a stepping stone, a policy innovation announced by the White House designed to put pressure on Congress for a broader, lasting set of legislative changes. Those changes never materialized, and the people who hoped to benefit from them have been forced to navigate a tense and contradictory policy landscape ever since, haunted by these unfulfilled promises. Legal Phantoms tells their story.

After Congress failed to pass a comprehensive immigration bill in 2013, President Obama pivoted in 2014 to supplementing DACA with a deferred action program (known as DAPA) for the parents of citizens and lawful permanent residents and a DACA expansion (DACA+) in 2014. But challenges from Republican-led states prevented even these programs from going into effect. Interviews with would-be applicants, immigrant-rights advocates, and government officials reveal how such failed immigration-reform efforts continue to affect not only those who had hoped to benefit, but their families, communities, and the country in which they have made an uneasy home. Out of the ashes of these lost dreams, though, people find their own paths forward through uncharted legal territory with creativity and resistance.

• Writing clear, efficient prose
• Crafting strong arguments
• Telling a client's story through a compelling narrative
• Overcoming procrastination and drafting more productively

Traces the role of the aggravated felony in today’s deportation regime

In immigration courts across America, a non-citizen convicted of an “aggravated felony” will almost certainly face deportation with no access to asylum. However, despite the ominous-sounding name, aggravated felonies need not be either “aggravated” or “felonies.” The term encompasses more than thirty offenses, ranging from check fraud and shoplifting to filing a false tax return. The recent expansion in the list of such offenses has resulted in astronomical rates of deportation.

This book chronicles the rise of the use of the aggravated felony, known by lawyers as the “immigration law death penalty,” to criminalize and then deport immigrants. Immigrants convicted of aggravated felonies are subject to mandatory detention and almost certain deportation—and are ineligible for almost all forms of legal relief from removal. Furthermore, immigrants convicted of aggravated felonies can be detained for months or even years without bond, are not guaranteed lawyers, and can even be deported without an opportunity to plead their case in court. Sarah Tosh provides the first in-depth understanding of how aggravated felonies have been used to deport thousands of documented and undocumented immigrants and how the severe, expansive, and racially disparate outcomes have been met with innovative legal responses, bolstered by networks of community-based resistance. The Immigration Law Death Penalty is an urgent read for anyone committed to protecting the rights of immigrants nationwide.

Introduces key terms, concepts, debates, and histories for Disability Studies

Keywords for Disability Studies aims to broaden and define the conceptual framework of disability studies for readers and practitioners in the field and beyond. The volume engages some of the most pressing debates of our time, such as prenatal testing, euthanasia, accessibility in public transportation and the workplace, post-traumatic stress, and questions about the beginning and end of life.

Each of the 60 essays in Keywords for Disability Studies focuses on a distinct critical concept, including “ethics,” “medicalization,” “performance,” “reproduction,” “identity,” and “stigma,” among others. Although the essays recognize that “disability” is often used as an umbrella term, the contributors to the volume avoid treating individual disabilities as keywords, and instead interrogate concepts that encompass different components of the social and bodily experience of disability. The essays approach disability as an embodied condition, a mutable historical phenomenon, and a social, political, and cultural identity.

An invaluable resource for students and scholars alike, Keywords for Disability Studies brings the debates that have often remained internal to disability studies into a wider field of critical discourse, providing opportunities for fresh theoretical considerations of the field’s core presuppositions through a variety of disciplinary perspectives.

Visit keywords.nyupress.org for online essays, teaching resources, and more.

In our digital world, data is power. Information hoarding businesses reign supreme, using intimidation, aggression, and force to maintain influence and control. Sarah Lamdan brings us into the unregulated underworld of these "data cartels", demonstrating how the entities mining, commodifying, and selling our data and informational resources perpetuate social inequalities and threaten the democratic sharing of knowledge.

Just a few companies dominate most of our critical informational resources. Often self-identifying as "data analytics" or "business solutions" operations, they supply the digital lifeblood that flows through the circulatory system of the internet. With their control over data, they can prevent the free flow of information, masterfully exploiting outdated information and privacy laws and curating online information in a way that amplifies digital racism and targets marginalized communities. They can also distribute private information to predatory entities. Alarmingly, everything they're doing is perfectly legal.

In this book, Lamdan contends that privatization and tech exceptionalism have prevented us from creating effective legal regulation. This in turn has allowed oversized information oligopolies to coalesce. In addition to specific legal and market-based solutions, Lamdan calls for treating information like a public good and creating digital infrastructure that supports our democratic ideals.

In Supreme Bias, Christina L. Boyd, Paul M. Collins, Jr., and Lori A. Ringhand present for the first time a comprehensive analysis of the dynamics of race and gender at the Supreme Court confirmation hearings held before the Senate Judiciary Committee. Drawing on their deep knowledge of the confirmation hearings, as well as rich new qualitative and quantitative evidence, the authors highlight how the women and people of color who have sat before the Committee have faced a significantly different confirmation process than their white male colleagues. Despite being among the most qualified and well-credentialed lawyers of their respective generations, female nominees and nominees of color face more skepticism of their professional competence, are subjected to stereotype-based questioning, are more frequently interrupted, and are described in less-positive terms by senators. In addition to revealing the disturbing extent to which race and gender bias exist even at the highest echelon of U.S. legal power, this book also provides concrete suggestions for how that bias can be reduced in the future.

White by Law was published in 1996 to immense critical acclaim, and established Ian Haney López as one of the most exciting and talented young minds in the legal academy. The first book to fully explore the social and specifically legal construction of race, White by Law inspired a generation of critical race theorists and others interested in the intersection of race and law in American society. Today, it is used and cited widely by not only legal scholars but many others interested in race, ethnicity, culture, politics, gender, and similar socially fabricated facets of American society.
In the first edition of White by Law, Haney López traced the reasoning employed by the courts in their efforts to justify the whiteness of some and the non-whiteness of others, and revealed the criteria that were used, often arbitrarily, to determine whiteness, and thus citizenship: skin color, facial features, national origin, language, culture, ancestry, scientific opinion, and, most importantly, popular opinion.
Ten years later, Haney López revisits the legal construction of race, and argues that current race law has spawned a troubling racial ideology that perpetuates inequality under a new guise: colorblind white dominance. In a new, original essay written specifically for the 10th anniversary edition, he explores this racial paradigm and explains how it contributes to a system of white racial privilege socially and legally defended by restrictive definitions of what counts as race and as racism, and what doesn't, in the eyes of the law. The book also includes a new preface, in which Haney Lopez considers how his own personal experiences with white racial privilege helped engender White by Law.

Reveals the secretive, inaccurate, and often violent ways that the American criminal system really works

Curtis Flowers spent twenty-three years on death row for a murder he did not commit. Atlanta police killed 92-year-old Kathryn Johnston during a misguided raid on her home. Rachel Hoffman was murdered at age twenty-three while working for Florida police.

Such tragedies are consequences of snitching. Although it is nearly invisible to the public, the massive informant market shapes the American legal system in risky and sometimes shocking ways. Police rely on criminal suspects to obtain warrants, to perform surveillance, and to justify arrests. Prosecutors negotiate with defendants for information and cooperation, offering to drop charges or lighten sentences in exchange. In this book, Alexandra Natapoff provides a comprehensive analysis of this powerful and problematic practice. She shows how informant deals generate unreliable evidence, allow serious criminals to escape punishment, endanger the innocent, and exacerbate distrust between police and poor communities of color.

First published over ten years ago, Snitching has become known as the “informant bible,” a leading text for advocates, attorneys, journalists, and scholars. This influential book has helped free the innocent, it has fueled reform at the state and federal level, and it is frequently featured in high-profile media coverage of snitching debacles. This updated edition contains a decade worth of new stories, new data, new legislation and legal developments, much of it generated by the book itself and by Natapoff’s own work. In clear, accessible language, the book exposes the social destruction that snitching can cause in heavily-policed Black neighborhoods, and how using criminal informants renders our entire penal process more secretive and less fair. By delving into the secretive world of criminal informants, Snitching reveals deep and often disturbing truths about the way American justice really works.

When first written into the Constitution, intellectual property aimed to facilitate "progress of science and the useful arts" by granting rights to authors and inventors. Today, when rapid technological evolution accompanies growing wealth inequality and political and social divisiveness, the constitutional goal of "progress" may pertain to more basic, human values, redirecting IP's emphasis to the commonweal instead of private interests. Against Progress considers contemporary debates about intellectual property law as concerning the relationship between the constitutional mandate of progress and fundamental values, such as equality, privacy, and distributive justice, that are increasingly challenged in today's internet age. Following a legal analysis of various intellectual property court cases, Jessica Silbey examines the experiences of everyday creators and innovators navigating ownership, sharing, and sustainability within the internet eco-system and current IP laws. Crucially, the book encourages refiguring the substance of "progress" and the function of intellectual property in terms that demonstrate the urgency of art and science to social justice today.

The United Nations (UN) has always loomed large in international conflicts, but today accepted wisdom declares that the organization has lost its way. Liberating The United Nations is a thorough review of its founding and history that tracks critical junctures that obscured or diverted the path to a powerful and just UN that abides by international law. Based on the extensive expertise of two former UN-insiders, Richard Falk and Hans von Sponeck, the book goes beyond critique and diagnosis, proposing ways to achieve a more effective and legitimate UN. The historical sweep of the book offers a uniquely broad perspective on how the UN has evolved from the time of its establishment, and how that evolution reflects, and was defined by, world politics. The book explores these themes through the specific cases of intervention in Palestine, Iraq, and Syria. Liberating The United Nations hopes to reinvigorate the original vision of the UN by asserting its place in a world of amplifying chauvinistic nationalism. Falk and von Sponeck argue for how important the UN has become, and could be, in aiding with the transnational and global challenges of the present and future, including pandemics, environmental crises, and mass migration.

What can the killing of a transgender teen can teach us about the violence of misreading gender identity as sexual identity?

The Life and Death of Latisha King examines a single incident, the shooting of 15-year-old Latisha King by 14-year-old Brian McInerney in their junior high school classroom in Oxnard, California in 2008. The press coverage of the shooting, as well as the criminal trial that followed, referred to Latisha, assigned male at birth, as Larry. Unpacking the consequences of representing the victim as Larry, a gay boy, instead of Latisha, a trans girl, Gayle Salamon draws on the resources of feminist phenomenology to analyze what happened in the school and at the trial that followed. In building on the phenomenological concepts of anonymity and comportment, Salamon considers how gender functions in the social world and the dangers of being denied anonymity as both a particularizing and dehumanizing act.

Salamon offers close readings of the court transcript and the bodily gestures of the participants in the courtroom to illuminate the ways gender and race were both evoked in and expunged from the narrative of the killing. Across court documents and media coverage, Salamon sheds light on the relation between the speakable and unspeakable in the workings of the transphobic imaginary. Interdisciplinary in both scope and method, the book considers the violences visited upon gender-nonconforming bodies that are surveilled and othered, and the contemporary resonances of the Latisha King killing.

Winner of the 2017 Eduardo Bonilla-Silva Outstanding Book Award, sponsored by the Society for the Study of Social Problems.

Finalist for the C. Wright Mills Book Award, sponsored by the Society for the Study of Social Problems.

Winner of the 2017 Oliver Cromwell Cox Book Award, sponsored by the American Sociological Association's Section on Racial and Ethnic Minorities.

Winner of the 2017 Mary Douglas Prize for Best Book, sponsored by the American Sociological Association's Sociology of Culture Section.

Honorable Mention in the 2017 Book Award from the American Sociological Association's Section on Race, Class, and Gender.

NAACP Image Award Nominee for an Outstanding Literary Work from a debut author.

Winner of the 2017 Prose Award for Excellence in Social Sciences and the 2017 Prose Category Award for Law and Legal Studies, sponsored by the Professional and Scholarly Publishing Division, Association of American Publishers.

Silver Medal from the Independent Publisher Book Awards (Current Events/Social Issues category).

Americans are slowly waking up to the dire effects of racial profiling, police brutality, and mass incarceration, especially in disadvantaged neighborhoods and communities of color. The criminal courts are the crucial gateway between police action on the street and the processing of primarily black and Latino defendants into jails and prisons. And yet the courts, often portrayed as sacred, impartial institutions, have remained shrouded in secrecy, with the majority of Americans kept in the dark about how they function internally. Crook County bursts open the courthouse doors and enters the hallways, courtrooms, judges' chambers, and attorneys' offices to reveal a world of punishment determined by race, not offense.

Nicole Gonzalez Van Cleve spent ten years working in and investigating the largest criminal courthouse in the country, Chicago–Cook County, and based on over 1,000 hours of observation, she takes readers inside our so-called halls of justice to witness the types of everyday racial abuses that fester within the courts, often in plain sight. We watch white courtroom professionals classify and deliberate on the fates of mostly black and Latino defendants while racial abuse and due process violations are encouraged and even seen as justified. Judges fall asleep on the bench. Prosecutors hang out like frat boys in the judges' chambers while the fates of defendants hang in the balance. Public defenders make choices about which defendants they will try to "save" and which they will sacrifice. Sheriff's officers cruelly mock and abuse defendants' family members.

Delve deeper into Crook County with related media and instructor resources at www.sup.org/crookcountyresources.

Crook County's powerful and at times devastating narratives reveal startling truths about a legal culture steeped in racial abuse. Defendants find themselves thrust into a pernicious legal world where courtroom actors live and breathe racism while simultaneously committing themselves to a colorblind ideal. Gonzalez Van Cleve urges all citizens to take a closer look at the way we do justice in America and to hold our arbiters of justice accountable to the highest standards of equality.

How the United States can provide equal educational opportunity to every child

The United States Supreme Court closed the courthouse door to federal litigation to narrow educational funding and opportunity gaps in schools when it ruled in San Antonio Independent School District v. Rodriguez in 1973 that the Constitution does not guarantee a right to education. Rodriguez pushed reformers back to the state courts where they have had some success in securing reforms to school funding systems through education and equal protection clauses in state constitutions, but far less success in changing the basic structure of school funding in ways that would ensure access to equitable and adequate funding for schools. Given the limitations of state school funding litigation, education reformers continue to seek new avenues to remedy inequitable disparities in educational opportunity and achievement, including recently returning to federal court.

This book is the first comprehensive examination of three issues regarding a federal right to education: why federal intervention is needed to close educational opportunity and achievement gaps; the constitutional and statutory legal avenues that could be employed to guarantee a federal right to education; and, the scope of what a federal right to education should guarantee. A Federal Right to Education provides a timely and thoughtful analysis of how the United States could fulfill its unmet promise to provide equal educational opportunity and the American Dream to every child, regardless of race, class, language proficiency, or neighborhood.

Each year, over 40,000 new students enter America's law schools. Each new crop experiences startlingly high rates of depression, anxiety, fatigue, and dissatisfaction. Kathryne M. Young was one of those disgruntled law students. After finishing law school (and a PhD), she set out to learn more about the law school experience and how to improve it for future students. Young conducted one of the most ambitious studies of law students ever undertaken, charting the experiences of over 1000 law students from over 100 different law schools, along with hundreds of alumni, dropouts, law professors, and more.

How to Be Sort of Happy in Law School is smart, compelling, and highly readable. Combining her own observations and experiences with the results of her study and the latest sociological research on law schools, Young offers a very different take from previous books about law school survival. Instead of assuming her readers should all aspire to law-review-and-big-firm notions of success, Young teaches students how to approach law school on their own terms: how to tune out the drumbeat of oppressive expectations and conventional wisdom to create a new breed of law school experience altogether.

Young provides readers with practical tools for finding focus, happiness, and a sense of purpose while facing the seemingly endless onslaught of problems law school presents daily. This book is an indispensable companion for today's law students, prospective law students, and anyone who cares about making law students' lives better. Bursting with warmth, realism, and a touch of firebrand wit, How to Be Sort of Happy in Law School equips law students with much-needed wisdom for thriving during those three crucial years.

In its current state, the global food system is socially and ecologically unsustainable: nearly two billion people are food insecure, and food systems are the number one contributor to climate change. While agro-industrial production is promoted as the solution to these problems, growing global "food sovereignty" movements are challenging this model by demanding local and democratic control over food systems. Translating Food Sovereignty accompanies activists based in the Pacific Northwest of the United States as they mobilize the claim of food sovereignty across local, regional, and global arenas of governance. In contrast to social movements that frame their claims through the language of human rights, food sovereignty activists are one of the first to have articulated themselves in relation to the neoliberal transnational order of networked governance. While this global regulatory framework emerged to deepen market logics, Matthew C. Canfield reveals how activists are leveraging this order to make more expansive social justice claims. This nuanced, deeply engaged ethnography illustrates how food sovereignty activists are cultivating new forms of transnational governance from the ground up.

In his historic 1919 dissent, Justice Oliver Wendell Holmes named, and thus catalyzed the creation of, the marketplace of ideas. This conceptual space has, ever since, been used to give shape to American constitutional notions of the freedom of expression. It has also eluded clear definition, as jurists and scholars have contested its meaning for more than a century. In The Structure of Ideas, Jared Schroeder takes on the task of mapping the various iterations of the marketplace, from its early foundations in Enlightenment beliefs in universal truths and rational actors, to its increasingly expansive parameters for protecting expression in the arenas of commercial, corporate, and online speech. Schroeder contends that in today's information landscape, marked by the rapid emergence of artificial intelligence, the marketplace is failing to provide a space where truths succeed and falsity fails. AI and networked technologies have thoroughly overpowered all traditional pictures of the marketplace up to now. Schroeder proposes various theoretical interventions that would revise the marketplace for the current moment, and concludes by describing a new space built around algorithms, AI, and virtual communication.

• articulates the scope and limits of governmental powers and duties to protect the public's health,
• builds a case for why social justice must be prioritized as a core value of public health ethics,
• examines the role of the courts in striking down democratically enacted laws, and
• covers today’s most pressing health issues, such as chronic diseases, opioid overdoses, gun violence, disability rights, sexual and reproductive autonomy, and racial and gender equity.

A revealing look at the constitutional issues that confronted and shaped each presidency from Woodrow Wilson through Donald J. Trump

Drawing from the monumental publication The Presidents and the Constitution: A Living History in 2016, the nation’s foremost experts in the American presidency and the US Constitution tell the intertwined stories of how the last eighteen American presidents have interfaced with the Constitution and thus defined the most powerful office in human history.

This volume leads off with Woodrow Wilson, the president who led the nation through World War I, and ends with Donald J. Trump, who ushered the US into uncharted political and legal territory. In between, the country was confronted with international wars, the civil rights movement, 9/11, and the advent of the internet, all of which presented unique and pressing constitutional issues. The last one hundred years reveals the awesome powers of the American presidency in domestic and foreign affairs, illustrating how they have stood up to modern and novel legal challenges. The Presidents and the Constitution is for anyone interested in a captivating and illuminating account of one of the most compelling subjects in our American democracy.

Today, the concept of "the refugee" as distinct from other migrants looms large. Immigration laws have developed to reinforce a dichotomy between those viewed as voluntary, often economically motivated, migrants who can be legitimately excluded by potential host states, and those viewed as forced, often politically motivated, refugees who should be let in. In Crossing, Rebecca Hamlin argues against advocacy positions that cling to this distinction. Everything we know about people who decide to move suggests that border crossing is far more complicated than any binary, or even a continuum, can encompass. Drawing on cases of various "border crises" across Europe, North America, South America, and the Middle East, Hamlin outlines major inconsistencies and faulty assumptions on which the binary relies. The migrant/refugee binary is not just an innocuous shorthand—indeed, its power stems from the way in which it is painted as apolitical. In truth, the binary is a dangerous legal fiction, politically constructed with the ultimate goal of making harsh border control measures more ethically palatable to the public. This book is a challenge to all those invested in the rights and study of migrants to move toward more equitable advocacy for all border crossers.

Sex work occupies a legally gray space in Johannesburg, South Africa, and police attitudes towards it are inconsistent and largely unregulated. As I. India Thusi argues in Policing Bodies, this results in both room for negotiation that can benefit sex workers and also extreme precarity in which the security police officers provide can be offered and taken away at a moment's notice. Sex work straddles the line between formal and informal. Attitudes about beauty and subjective value are manifest in formal tasks, including police activities, which are often conducted in a seemingly ad hoc manner. However, high-level organizational directives intended to regulate police obligations and duties toward sex workers also influence police action and tilt the exercise of discretion to the formal. In this liminal space, this book considers how sex work is policed and how it should be policed. Challenging discourses about sexuality and gender that inform its regulation, Thusi exposes the limitations of dominant feminist arguments regarding the legal treatment of sex work. This in-depth, historically informed ethnography illustrates the tension between enforcing a country's laws and protecting citizens' human rights.

A thorough and engaging look at an unexpected driver of changes in the American criminal justice system

Driving is an unavoidable part of life in the United States. Even those who don't drive much likely know someone who does. More than just a simple method of getting from point A to point B, however, driving has been a significant influence on the United States' culture, economy, politics – and its criminal justice system. Rules of the Road tracks the history of the car alongside the history of crime and criminal justice in the United States, demonstrating how the quick and numerous developments in criminal law corresponded to the steadily rising prominence, and now established supremacy, of the automobile.

Spencer Headworth brings together research from sociology, psychology, criminology, political science, legal studies, and histories of technology and law in illustrating legal responses to changing technological and social circumstances. Rules of the Road opens by exploring the early 20th-century beginnings of the relationship between criminal law and automobility, before moving to the direct impact of the automobile on prosecutorial and criminal justice practices in the latter half of the 20th century. Finally, Headworth looks to recent debates and issues in modern-day criminal justice to consider what this might presage for the future.

Using a seemingly mundane aspect of daily life as its investigative lens, this creative, imaginative, and thoroughly researched book provides a fresh perspective on the transformations of the U.S. criminal justice system.

How one law tells the story of America's modern criminal justice movement

In late 2018, the First Step Act was signed into law by President Donald Trump just hours before a government shutdown. It was one of few major pieces of federal criminal justice reform since the 1970s to move toward reversing the incarceration frenzy that had characterized United States policy. While it did not amount to revolutionary reform, in Reform Nation, Colleen P. Eren investigates it as a symbol for the larger movement's trajectory. Its unlikely passage during a period of political polarization was testament to the power of a new constellation of advocates, stakeholders, and strange bedfellow alliances.

These intriguing and complex dynamics are indicative of a longer, twenty-year shift in which the movement became nationalized and mainstreamed. Using in-depth interviews with major players in the national movement, formerly incarcerated activists, celebrities, and donors, this is the first book to turn the mirror back on the criminal justice reform movement itself—the frames used, the voices heard, the capital activated among elite participants, and the bitter controversies. This snapshot in time raises much larger questions about how our democratic processes inform criminal justice policy, and where we are going in the decades to come.

A critical look at the movement for environmental justice

When Bill Clinton signed an Executive Order on Environmental Justice in 1994, the phenomenon of environmental racism—the disproportionate impact of environmental hazards, particularly toxic waste dumps and polluting factories, on people of color and low-income communities—gained unprecedented recognition. Behind that momentous signature, however, lies a remarkable tale of grassroots activism and political mobilization. Today, thousands of activists in hundreds of locales are fighting for their children, their communities, their quality of life, and their health.

From the Ground Up critically examines one of the fastest growing social movements in the United States—the movement for environmental justice. Tracing the movement's roots, Luke Cole and Sheila Foster combine long-time activism with powerful storytelling to provide gripping case studies of communities across the US—towns like Kettleman City, California; Chester, Pennsylvania; and Dilkon, Arizona—and their struggles against corporate polluters. The authors use social, economic and legal analysis to reveal the historical and contemporary causes for environmental racism. Environmental justice struggles, they demonstrate, transform individuals, communities, institutions and the nation as a whole.

Argues that racial inequality reproduces itself automatically over time because early unfair advantage for whites has paved the way for continuing advantage

This book is designed to change the way we think about racial inequality. Long after the passage of civil rights laws, blacks and Latinos possess barely a nickel of wealth for every dollar that whites have. Why have we made so little progress?

Legal scholar Daria Roithmayr provocatively argues that racial inequality lives on because white advantage functions as a powerful self-reinforcing monopoly, reproducing itself automatically from generation to generation even in the absence of intentional discrimination. Drawing on work in antitrust law and a range of other disciplines, Roithmayr brilliantly compares the dynamics of white advantage to the unfair tactics of giants like AT&T and Microsoft.

With penetrating insight, Roithmayr locates the engine of white monopoly in positive feedback loops that connect the dramatic disparity of Jim Crow to modern racial gaps in jobs, housing and education. Wealthy white neighborhoods fund public schools that then turn out wealthy white neighbors. Whites with lucrative jobs informally refer their friends, who refer their friends, and so on. Roithmayr concludes that racial inequality might now be locked in place, unless policymakers immediately take drastic steps to dismantle this oppressive system.

An essential collection of the writings of progressive lawyer and race activist Derrick Bell

Lawyer, activist, teacher, writer: for over 40 years, Derrick Bell provoked his critics and challenged his readers with uncompromising candor and progressive views on race and class in America. A founder of Critical Race Theory and pioneer of the use of allegorical stories as tools of analysis, Bell's groundbreaking work shattered conventional legal orthodoxies and turned comfortable majoritarian myths inside out.

Edited and with an extensive introduction by leading critical race theorists Richard Delgado and Jean Stefancic, The Derrick Bell Reader reflects the tremendous breadth of issues that Bell grappled with over his phenomenal career, including affirmative action, Black nationalism, legal education and ethics. Together, these selections offer the most complete collection of Derrick Bell's writing available today.

Examines the outsized influence of jurors on prosecutorial discretion

Thanks to television and popular media, the jury is deeply embedded in the American public’s imagination of the legal system. For the country’s federal prosecutors, however, jurors have become an increasingly rare sight. Today, in fact, less than 2% of their cases will proceed to an actual jury trial. And yet, when federal prosecutors describe their jobs and what the profession means to them, the jury is a central theme.

Anna Offit’s The Imagined Juror examines the counterintuitive importance of jurors in federal prosecutors’ work at a moment when jury trials are statistically in decline. Drawing on extensive field research among federal prosecutors, the book represents “the first ethnographic study of US attorneys,” according to legal scholar Annelise Riles. It describes a world of legal practice in which jurors are frequently summoned—as make-believe audiences for proposed arguments, hypothetical evaluators of evidence, and invented decision-makers who would work together to reach a verdict. Even the question of moving forward with a prosecution often hinges on how federal prosecutors assume a jury will react to elements of the case—an exercise where the perspectives of the public are imagined and incorporated into every stage of trial preparation.

Based on these findings, Offit argues that the decreasing number of jury trials at the federal level has not eliminated the influence of the jury but altered it. As imaginary figures, jurors continue to play an important and understudied role in shaping the work and professional identities of federal prosecutors. At the same time, imaginary jurors are not real jurors, and prosecutors at times caricature the public by leaning on stereotypes or preconceived and simplistic ideas about how laypeople think. Imagined jurors, it turns out, are a critical, if flawed, resource for introducing lay perspective into the legal process. As Offit shows, recentering laypeople and achieving the democratic promise of our legal system will require renewed commitment to the jury trial and juries that reflect the diversity of the American public.

2024 Outstanding Academic Title, given by Choice Reviews

Features the stories of undocumented mothers who reunite with their children in the US years after fleeing violence at home

Facing escalating chaos and violence in their home countries, many Central American mothers have found that a desperate flight to the north was their only choice. Many left their children behind in order to spare them the hardships of the journey. If they made it across the border without getting locked up or deported, they entered a country increasingly unwilling to recognize claims of asylum.

This book features the stories of women who crossed the border without encountering immigration authorities, in some cases several times, and settled in the greater Washington, DC, area, living in the shadows for years. By centering on the voices of the women themselves, it offers an intimate look at what drove them from home and the challenges they face in reuniting years later with their children.

Forced Out traces the women’s evolving attitudes toward the violence embedded in institutions and everyday life in their home countries, as well as their continued vulnerability and dependence in the US. It also highlights the challenges they face in parenting children adapting to American society and learning English while living with mothers who had left them years before and become strangers to them. Rather than sensationalizing their trauma or dwelling on their vulnerability, the stories reveal the women’s rich, complex inner lives, their resilience in overcoming senseless violence, and their unswerving commitment to bettering their children’s lives. Clear, vivid, and impactful, this is a humbling and humane look at the state of migration to America today.

When Misfortune Becomes Injustice surveys the progress and challenges in deploying human rights to advance health and social equality over recent decades. Alicia Ely Yamin weaves together theory and firsthand experience in a compelling narrative of how evolving legal norms, empirical knowledge, and development paradigms have interacted in the realization of health rights, and challenges us to consider why these advances have failed to produce greater equality within and between nations. In this revised and expanded second edition, Yamin incorporates crucial lessons learned about the state of global health equity and public health systems during the COVID-19 pandemic, demonstrating just how incompatible the current institutionalized world order—based on neoliberal, financialized capitalism—is with one in which the rights of diverse people around the globe can be realized. COVID-19 struck a world that had been shaped by decades of disinvestment in public health, health systems, and social protection, as well as privatization of wealth and gaping social inequalities within and between countries, and the evident crisis of confidence in the capacity of democratic political institutions and global governance was deepened by the pandemic. Yamin argues that transformative human rights praxis in health calls for addressing issues of structural inequality and political economy, and working across disciplinary silos through networks and social movements.

Choice Outstanding Academic Title 2023

The author of the bestselling Just Medicine reveals how racial inequality undermines public health and how we can change it

With the rise of the Movement for Black Lives and the feverish calls for Medicare for All, the public spotlight on racial inequality and access to healthcare has never been brighter. The rise of COVID-19 and its disproportionate effects on people of color has especially made clear how the color of one’s skin is directly related to the quality of care (or lack thereof) a person receives, and the disastrous health outcomes Americans suffer as a result of racism and an unjust healthcare system.

Timely and accessible, Just Health examines how deep structural racism embedded in the fabric of American society leads to worse health outcomes and lower life expectancy for people of color. By presenting evidence of discrimination in housing, education, employment, and the criminal justice system, Dayna Bowen Matthew shows how racial inequality pervades American society and the multitude of ways that this undermines the health of minority populations. The author provides a clear path forward for overcoming these massive barriers to health and ensuring that everyone has an equal opportunity to be healthy. She encourages health providers to take a leading role in the fight to dismantle the structural inequities their patients face.

A compelling and essential read, Just Health helps us to understand how racial inequality damages the health of our minority communities and explains what we can do to fight back.

Written by two internationally respected authors, this unique primer distills the environmental law and policy of the United States into a practical guide for a nonlegal audience, as well as for lawyers trained in other regions. The first part of the book explains the basics of the American legal system: key actors, types of laws, and overarching legal strategies for environmental management. The second part delves into specific environmental issues (pollution, ecosystem management, and climate change) and how American law addresses each. Chapters include summaries of key concepts, discussion questions, and a glossary of terms, as well as informative "spotlights"—brief overviews of topics. With a highly accessible structure and useful illustrative features, A Guide to U.S. Environmental Law is a long-overdue synthetic reference on environmental law for students and for those who work in environmental policy or environmental science. Pairing this book with its companion, A Guide to EU Environmental Law, allows for a comparative look at how two of the most important jurisdictions in the world deal with key environmental problems.

This book exposes the dangerously imperfect forensic evidence that we rely on for criminal convictions.

"That's not my fingerprint, your honor," said the defendant, after FBI experts reported a "100-percent identification." The FBI was wrong. It is shocking how often they are. Autopsy of a Crime Lab is the first book to catalog the sources of error and the faulty science behind a range of well-known forensic evidence, from fingerprints and firearms to forensic algorithms. In this devastating forensic takedown, noted legal expert Brandon L. Garrett poses the questions that should be asked in courtrooms every day: Where are the studies that validate the basic premises of widely accepted techniques such as fingerprinting? How can experts testify with 100-percent certainty about a fingerprint, when there is no such thing as a 100 percent match? Where is the quality control at the crime scenes and in the laboratories? Should we so readily adopt powerful new technologies like facial recognition software and rapid DNA machines? And why have judges been so reluctant to consider the weaknesses of so many long-accepted methods?

Taking us into the lives of the wrongfully convicted or nearly convicted, into crime labs rocked by scandal, and onto the front lines of promising reform efforts driven by professionals and researchers alike, Autopsy of a Crime Lab illustrates the persistence and perniciousness of shaky science and its well-meaning practitioners.

Winner, 2019 Global Legal Skills Book Award, given by the Global Legal Skills Conference


An essential handbook for international lawyers and students

Focusing on vocabulary, Essential Legal English in Context introduces the US legal system and its terminology. Designed especially for foreign-trained lawyers and students whose first language is not English, the book is a must-read for those who want to expand their US legal vocabulary and basic understanding of US government. Ross uses a unique approach by selecting legal terms that arise solely within the context of the levels and branches of US government, including terminology related to current political issues such as partisanship. Inspired by her students’ questions over her years of teaching, she includes a vast collection of legal vocabulary, concepts, idioms, and phrasal verbs and unpacks concepts embedded in US case law, such as how the US constitutional separation of powers may affect a court’s interpretation of the law. The handbook differentiates basic terms in civil and criminal cases and compares terms that may seem similar because of close spellings but in fact have different meanings. For instance, what is the distinction between “taking the stand” and “taking a stand?” What is the difference between “treaties” and “treatises”? Featuring illustrations and hands-on exercises, Essential Legal English in Context is a valuable self-study resource for those who want to improve their legal English terminology before entering a US law school, studying US law or government, or working as a seconded attorney to a US law firm. Instructors can use the handbook in an introductory US legal English course.

Examines LatCrit’s emergence as a scholarly and activist community within and beyond the US legal academy

Emerging from the US legal academy in 1995, LatCrit theory is a genre of critical outsider jurisprudence—a vital hub of contemporary scholarship that includes Feminist Legal Theory and Critical Race Theory, among other critical schools of legal knowledge. Its basic goals have been: (1) to develop a critical, activist, and inter-disciplinary discourse on law and society affecting Latinas/os/x, and (2) to foster both the development of coalitional theory and practice as well as the accessibility of this knowledge to agents of social and legal transformative change.

This slim volume tells the story of LatCrit’s growth and influence as a scholarly and activist community. Francisco Valdes and Steven W. Bender offer a living example of how critical outsider academics can organize long-term collective action, both in law and society, that will help those similarly inclined to better organize themselves. Part roadmap, part historical record, and part a path forward, LatCrit: From Critical Legal Theory to Academic Activismshows that with coalition, collaboration, and community, social transformation can take root.

A unique introduction to the constitutional arguments for and against the right to abortion

In January 1973, the Supreme Court’s opinion in Roe v. Wade struck down most of the country's abortion laws and held for the first time that the Constitution guarantees women the right to safe and legal abortions. Nearly five decades later, in 2022, the Court’s 5-4 decision in Dobbs v. Jackson Women's Health Organization overturned Roe and eliminated the constitutional right, stunning the nation. Instead of finally resolving the constitutional issues, Dobbs managed to bring new attention to them while sparking a debate about the Supreme Court’s legitimacy.

Originally published in 2005, What Roe v. Wade Should Have Said asked eleven distinguished constitutional scholars to rewrite the opinions in this landmark case in light of thirty years’ experience but making use only of sources available at the time of the original decision. Offering the best arguments for and against the constitutional right to abortion, the contributors have produced a series of powerful essays that get to the heart of this fascinating case. In addition, Jack Balkin gives a detailed historical introduction that chronicles the Roe litigation—and the constitutional and political clashes that followed it—and explains the Dobbs decision and its aftermath.

Woman Lawyer tells the story of Clara Foltz, the first woman admitted to the California Bar. Famous in her time as a public intellectual, leader of the women's movement, and legal reformer, Foltz faced terrific prejudice and well-organized opposition to women lawyers as she tried cases in front of all-male juries, raised five children as a single mother, and stumped for political candidates. She was the first to propose the creation of a public defender to balance the public prosecutor. Woman Lawyer uncovers the legal reforms and societal contributions of a woman celebrated in her day, but lost to history until now. It casts new light on the turbulent history and politics of California in a period of phenomenal growth and highlights the interconnection of the suffragists and other movements for civil rights and legal reforms.

The Color of Creatorship examines how copyright, trademark, and patent discourses work together to form American ideals around race, citizenship, and property.

Working through key moments in intellectual property history since 1790, Anjali Vats reveals that even as they have seemingly evolved, American understandings of who is a creator and who is an infringer have remained remarkably racially conservative and consistent over time. Vats examines archival, legal, political, and popular culture texts to demonstrate how intellectual properties developed alongside definitions of the "good citizen," "bad citizen," and intellectual labor in racialized ways. Offering readers a theory of critical race intellectual property, Vats historicizes the figure of the citizen-creator, the white male maker who was incorporated into the national ideology as a key contributor to the nation's moral and economic development. She also traces the emergence of racial panics around infringement, arguing that the post-racial creator exists in opposition to the figure of the hyper-racial infringer, a national enemy who is the opposite of the hardworking, innovative American creator.

The Color of Creatorship contributes to a rapidly-developing conversation in critical race intellectual property. Vats argues that once anti-racist activists grapple with the underlying racial structures of intellectual property law, they can better advocate for strategies that resist the underlying drivers of racially disparate copyright, patent, and trademark policy.

Investigating cinema under the magnifying glass

From a look at classics like Psycho and Double Indemnity to recent films like Traffic and Thelma & Louise, Nicole Rafter and Michelle Brown show that criminological theory is produced not only in the academy, through scholarly research, but also in popular culture, through film. Criminology Goes to the Movies connects with ways in which students are already thinking criminologically through engagements with popular culture, encouraging them to use the everyday world as a vehicle for theorizing and understanding both crime and perceptions of criminality. The first work to bring a systematic and sophisticated criminological perspective to bear on crime films, Rafter and Brown’s book provides a fresh way of looking at cinema, using the concepts and analytical tools of criminology to uncover previously unnoticed meanings in film, ultimately making the study of criminological theory more engaging and effective for students while simultaneously demonstrating how theories of crime circulate in our mass-mediated worlds. The result is an illuminating new way of seeing movies and a delightful way of learning about criminology.

A classic anthology of writings on the legal status and lived experiences of women of color

Now in its second edition, the acclaimed anthology Critical Race Feminism presents over 40 readings on the legal status of women of color by leading authors and scholars such as Anita Hill, Lani Guinier, Kathleen Neal Cleaver, and Angela Harris. The collection gives voice to Black, Latina, Asian, Native American, and Arab women, and explores both straight and queer perspectives. Both a forceful statement and a platform for change, the anthology addresses an ambitious range of subjects, from life in the workplace and motherhood to sexual harassment, domestic violence, and other criminal justice issues. Extending beyond national borders, the volume tackles global issues such as the rights of Muslim women, immigration, multiculturalism, and global capitalism.

Revealing how the historical experiences and contemporary realities of women of color are profoundly influenced by a legacy of racism and sexism that is neither linear nor logical, Critical Race Feminism serves up a panoramic perspective, illustrating how women of color can find strength in the face of oppression.

Offers an innovative plan to eliminate inequalities in American health care and save the lives they endanger

Over 84,000 black and brown lives are needlessly lost each year due to health disparities: the unfair, unjust, and avoidable differences between the quality and quantity of health care provided to Americans who are members of racial and ethnic minorities and care provided to whites. Health disparities have remained stubbornly entrenched in the American health care system—and in Just Medicine Dayna Bowen Matthew finds that they principally arise from unconscious racial and ethnic biases held by physicians, institutional providers, and their patients.

Implicit bias is the single most important determinant of health and health care disparities. Because we have missed this fact, the money we spend on training providers to become culturally competent, expanding wellness education programs and community health centers, and even expanding access to health insurance will have only a modest effect on reducing health disparities. We will continue to utterly fail in the effort to eradicate health disparities unless we enact strong, evidence-based legal remedies that accurately address implicit and unintentional forms of discrimination, to replace the weak, tepid, and largely irrelevant legal remedies currently available.

Our continued failure to fashion an effective response that purges the effects of implicit bias from American health care, Matthew argues, is unjust and morally untenable. In this book, she unites medical, neuroscience, psychology, and sociology research on implicit bias and health disparities with her own expertise in civil rights and constitutional law. In a time when the health of the entire nation is at risk, it is essential to confront the issues keeping the health care system from providing equal treatment to all.

A gripping insight into the digital debate over data ownership, permanence and policy

“This is going on your permanent record!” is a threat that has never held more weight than it does in the Internet Age, when information lasts indefinitely. The ability to make good on that threat is as democratized as posting a Tweet or making blog. Data about us is created, shared, collected, analyzed, and processed at an overwhelming scale. The damage caused can be severe, affecting relationships, employment, academic success, and any number of other opportunities—and it can also be long lasting.

One possible solution to this threat? A digital right to be forgotten, which would in turn create a legal duty to delete, hide, or anonymize information at the request of another user. The highly controversial right has been criticized as a repugnant affront to principles of expression and access, as unworkable as a technical measure, and as effective as trying to put the cat back in the bag. Ctrl+Z breaks down the debate and provides guidance for a way forward. It argues that the existing perspectives are too limited, offering easy forgetting or none at all. By looking at new theories of privacy and organizing the many potential applications of the right, law and technology scholar Meg Leta Jones offers a set of nuanced choices. To help us choose, she provides a digital information life cycle, reflects on particular legal cultures, and analyzes international interoperability. In the end, the right to be forgotten can be innovative, liberating, and globally viable.

A vital collection for reforming criminal justice

After five decades of punitive expansion, the entire U.S. criminal justice system— mass incarceration, the War on Drugs, police practices, the treatment of juveniles and the mentally ill, glaring racial disparity, the death penalty and more — faces challenging questions. What exactly is criminal justice? How much of it is a system of law and how much is a collection of situational social practices? What roles do the Constitution and the Supreme Court play? How do race and gender shape outcomes? How does change happen, and what changes or adaptations should be pursued?

The New Criminal Justice Thinking addresses the challenges of this historic moment by asking essential theoretical and practical questions about how the criminal system operates. In this thorough and thoughtful volume, scholars from across the disciplines of legal theory, sociology, criminology, Critical Race Theory, and organizational theory offer crucial insights into how the criminal system works in both theory and practice. By engaging both classic issues and new understandings, this volume offers a comprehensive framework for thinking about the modern justice system.

For those interested in criminal law and justice, The New Criminal Justice Thinking offers a profound discussion of the complexities of our deeply flawed criminal justice system, complexities that neither legal theory nor social science can answer alone.

Winner, 2018 Law & Legal Studies PROSE Award

The consequences of big data and algorithm-driven policing and its impact on law enforcement

In a high-tech command center in downtown Los Angeles, a digital map lights up with 911 calls, television monitors track breaking news stories, surveillance cameras sweep the streets, and rows of networked computers link analysts and police officers to a wealth of law enforcement intelligence.

This is just a glimpse into a future where software predicts future crimes, algorithms generate virtual “most-wanted” lists, and databanks collect personal and biometric information. The Rise of Big Data Policing introduces the cutting-edge technology that is changing how the police do their jobs and shows why it is more important than ever that citizens understand the far-reaching consequences of big data surveillance as a law enforcement tool.

Andrew Guthrie Ferguson reveals how these new technologies —viewed as race-neutral and objective—have been eagerly adopted by police departments hoping to distance themselves from claims of racial bias and unconstitutional practices. After a series of high-profile police shootings and federal investigations into systemic police misconduct, and in an era of law enforcement budget cutbacks, data-driven policing has been billed as a way to “turn the page” on racial bias.

But behind the data are real people, and difficult questions remain about racial discrimination and the potential to distort constitutional protections.

In this first book on big data policing, Ferguson offers an examination of how new technologies will alter the who, where, when and how we police. These new technologies also offer data-driven methods to improve police accountability and to remedy the underlying socio-economic risk factors that encourage crime.

The Rise of Big Data Policing is a must read for anyone concerned with how technology will revolutionize law enforcement and its potential threat to the security, privacy, and constitutional rights of citizens.

Read an excerpt and interview with Andrew Guthrie Ferguson in The Economist.

A critical resource for approaching sustainability across the disciplines

Sustainability and social justice remain elusive even though each is unattainable without the other. Across the industrialized West and the Global South, unsustainable practices and social inequities exacerbate one another. How do social justice and sustainability connect? What does sustainability mean and, most importantly, how can we achieve it with justice?

This volume tackles these questions, placing social justice and interdisciplinary approaches at the center of efforts for a more sustainable world. Contributors present empirical case studies that illustrate how sustainability can take place without contributing to social inequality. From indigenous land rights, climate conflict, militarization and urban drought resilience, the book offers examples of ways in which sustainability and social justice strengthen one another. Through an understanding of history, diverse cultural traditions, and complexity in relation to race, class, and gender, this volume demonstrates ways in which sustainability can help to shape better and more robust solutions to the world’s most pressing problems.

Blending methods from the humanities, environmental sciences and the humanistic social sciences, this book offers an essential guide for the next generation of global citizens.

A controversial argument for reconsidering the limits of free speech

Swirling in the midst of the resurgence of neo-Nazi demonstrations, hate speech, and acts of domestic terrorism are uncomfortable questions about the limits of free speech. The United States stands apart from many other countries in that citizens have the power to say virtually anything without legal repercussions. But, in the case of white supremacy, does the First Amendment demand that we defend Nazis?

In Must We Defend Nazis?, legal experts Richard Delgado and Jean Stefancic argue that it should not. Updated to consider the white supremacy demonstrations and counter-protests in Charlottesville and debates about hate speech on campus and on the internet, the book offers a concise argument against total, unchecked freedom of speech.

Delgado and Stefancic instead call for a system of free speech that takes into account the harms that hate speech can inflict upon disempowered, marginalized people. They examine the prevailing arguments against regulating speech, and show that they all have answers. They also show how limiting free speech would work in a legal framework and offer suggestions for activist lawyers and judges interested in approaching the hate speech controversy intelligently.

As citizens are confronting free speech in contention with equal dignity, access, and respect, Must We Defend Nazis? puts aside clichés that clutter First Amendment thinking, and presents a nuanced position that recognizes the needs of our increasingly diverse society.

Uses techniques from psychological science and legal theory to explore police interrogation in the United States

Understanding Police Interrogation provides a single comprehensive source for understanding issues relating to police interrogation and confession. It sheds light on the range of factors that may influence the outcome of the interrogation of a suspect, which ones make it more likely that a person will confess, and which may also inadvertently lead to false confessions.

There is a significant psychological component to police interrogations, as interrogators may try to build rapport with the suspect, or trick them into thinking there is evidence against them that does not exist. Also important is the extent to which the interrogator is convinced of the suspect’s guilt, a factor that has clear ramifications for today’s debates over treatment of black suspects and other people of color in the criminal justice system.

The volume employs a totality of the circumstances approach, arguing that a number of integrated factors, such as the characteristics of the suspect, the characteristics of the interrogators, interrogation techniques and location, community perceptions of law enforcement, and expectations for jurors and judges, all contribute to the nature of interrogations and the outcomes and perceptions of the criminal justice system. The authors argue that by drawing on this approach we can better explain the likelihood of interrogation outcomes, including true and false confessions, and provide both scholars and practitioners with a greater understanding of best practices going forward.

Offers one hundred rules that every first year law student should live by

“Dear Law Student: Here’s the truth. You belong here.”

Law professor Andrew Ferguson and former student Jonathan Yusef Newton open with this statement of reassurance in The Law of Law School. As all former law students and current lawyers can attest, law school is disorienting, overwhelming, and difficult. Unlike other educational institutions, law school is not set up simply to teach a subject. Instead, the first year of law school is set up to teach a skill set and way of thinking, which you then apply to do the work of lawyering. What most first-year students don’t realize is that law school has a code, an unwritten rulebook of decisions and traditions that must be understood in order to succeed.

The Law of Law School endeavors to distill this common wisdom into one hundred easily digestible rules. From self-care tips such as “Remove the Drama,” to studying tricks like “Prepare for Class like an Appellate Argument,” topics on exams, classroom expectations, outlining, case briefing, professors, and mental health are all broken down into the rules that form the hidden law of law school. If you don’t have a network of lawyers in your family and are unsure of what to expect, Ferguson and Newton offer a forthright guide to navigating the expectations, challenges, and secrets to first-year success. Jonathan Newton was himself such a non-traditional student and now shares his story as a pathway to a meaningful and positive law school experience. This book is perfect for the soon-to-be law school student or the current 1L and speaks to the growing number of first-generation law students in America.

A revealing look at the history and legacy of the "War on Drugs"

Fifty years after President Richard Nixon declared a "War on Drugs," the United States government has spent over a trillion dollars fighting a losing battle. In recent years, about 1.5 million people have been arrested annually on drug charges—most of them involving cannabis—and nearly 500,000 Americans are currently incarcerated for drug offenses. Today, as a response to the dire human and financial costs, Americans are fast losing their faith that a War on Drugs is fair, moral, or effective.

In a rare multi-faceted overview of the underground drug market, featuring historical and ethnographic accounts of illegal drug production, distribution, and sales, The War on Drugs: A History examines how drug war policies contributed to the making of the carceral state, racial injustice, regulatory disasters, and a massive underground economy. At the same time, the collection explores how aggressive anti-drug policies produced a “deviant” form of globalization that offered economically marginalized people an economic life-line as players in a remunerative transnational supply and distribution network of illicit drugs. While several essays demonstrate how government enforcement of drug laws disproportionately punished marginalized suppliers and users, other essays assess how anti-drug warriors denigrated science and medical expertise by encouraging moral panics that contributed to the blanket criminalization of certain drugs.

By analyzing the key issues, debates, events, and actors surrounding the War on Drugs, this timely and impressive volume provides a deeper understanding of the role these policies have played in making our current political landscape and how we can find the way forward to a more just and humane drug policy regime.

Winner, 2021-2022 AES Senior Book Prize, awarded by the American Ethnological Society

Honorable Mention, Senior Book Prize of the Association for Feminist Anthropology

Uncovers how the process of sexual assault adjudication reinforces inequality and becomes a public spectacle of violence

For victims in sexual assault cases, trials rarely result in justice. Instead, the courts drag defendants, victims, and their friends and family through a confusing and protracted public spectacle. Along the way, forensic scientists, sexual assault nurse examiners, and police officers provide their insight and expertise, shaping the story that emerges for the judge and jury. These expert narratives intersect with the stories of victims, witnesses, and their communities to reproduce our cultural understandings of sexual violence, but too often this process results in reinscribing racial, gendered, and class inequalities.

Bodies in Evidence draws on observations of over 680 court appearances in Milwaukee County’s felony sexual assault courts, as well as interviews with judges, attorneys, forensic scientists, jurors, sexual assault nurse examiners, and victim advocates. It shows how forensic science helps to propagate public misunderstandings of sexual violence by bestowing an aura of authority to race and gender stereotypes and inequalities. Expert testimony reinforces the idea that sexual assault is physically and emotionally recognizable and always leaves material evidence. The court’s reliance on the presence of forensic evidence infuses these very familiar stereotypes and myths about sexual assault with new scientific authority.

Powerful, unflinching, and at times heartbreaking, Bodies in Evidence reveals the human cost of sexual assault adjudication, and the social cost we all bear when investing in forms of justice that reproduce inequality and racial injustice.

Examines the decisions of US presidents to appoint judges from diverse backgrounds to federal courts

In Diversifying the Courts, Nancy Scherer addresses why presidents choose—or don’t choose—to diversify the federal courts by race, ethnicity, and gender. She explores how and why the issue became a bitter partisan fight in the first place, tracking the controversial history—and politics—of court diversification.

Drawing on polls, political experiments, surveys and one-on-one interviews, Scherer illuminates the complicated relationship between diversity and court legitimacy. She shows us how diverse representation can positively impact perceptions of the court among women and racial minorities, while having a negative impact on the perceptions among white people and men. Ultimately, Diversifying the Courts provides insight into the impact of gender, race, and ethnicity on the courts, illuminating some of the major challenges facing the American judicial system in the years that lie ahead.

The Internet Age has created vast and ubiquitous databases of personal information in universities, corporations, government agencies, and doctors' offices. Every week, stories of databases being compromised appear in the news. Yet, despite the fact that lost laptops and insecure computer servers jeopardize our privacy, privacy and security are typically considered in isolation. Advocates of privacy have sought to protect individuals from snooping corporations, while advocates of security have sought to protect corporations from snooping individuals.

Securing Privacy in the Internet Age aims to merge the discussion of these two goals. The book brings together many of the world's leading academics, litigators, and public policy advocates to work towards enhancing privacy and security. While the traditional adversary of privacy advocates has been the government, in what they see as the role of the Orwellian Big Brother, the principal focus of this book is the fraternity of Little Brothers—the corporations and individuals who seek to profit from gathering personal information about others.

The Politics of Love in Myanmar offers an intimate ethnographic account of a group of LGBT activists before, during, and after Myanmar's post-2011 political transition. Lynette J. Chua explores how these activists devoted themselves to, and fell in love with, the practice of human rights and how they were able to empower queer Burmese to accept themselves, gain social belonging, and reform discriminatory legislation and law enforcement. Informed by interviews with activists from all walks of life—city dwellers, villagers, political dissidents, children of military families, wage laborers, shopkeepers, beauticians, spirit mediums, lawyers, students—Chua details the vivid particulars of the LGBT activist experience founding a movement first among exiles and migrants and then in Myanmar's cities, towns, and countryside. A distinct political and emotional culture of activism took shape, fusing shared emotions and cultural bearings with legal and political ideas about human rights. For this network of activists, human rights moved hearts and minds and crafted a transformative web of friendship, fellowship, and affection among queer Burmese. Chua's investigation provides crucial insights into the intersection of emotions and interpersonal relationships with law, rights, and social movements.

The United States has experienced a dramatic shift in attitudes towards cannabis use from the 1970s, when only 12% of Americans said that they thought that cannabis should be legal, to today. What once had been a counterculture drug supplied for the black market by socially marginal figures like drug smugglers and hippies has become a big business, dominated by a few large corporations. Pot for Profit, traces the cultural, historical, political, and legal roots of these changing attitudes towards cannabis. The book also showcases interviews with dispensary owners, bud tenders, and other industry employees about their experience working in the legal cannabis industry, and cannabis reform activists working towards legalization. Mello argues that embracing the profit potential of this drug has been key to the success of cannabis reform, and that this approach has problematic economic and racial implications. The story of cannabis reform shows that neoliberalism may not be an absolute barrier to social change, but it does determine the terrain on which these debates must occur. When activists capitulate to these pressures, they may make some gains, but those gains come with strings attached. This only serves to reinforce the totalizing power of the neoliberal ethos on American life. The book concludes by meditating on what, if anything, can be done to move the cannabis legalization movement back onto a more progressive track.

International scholars offer ethnographic analyses of the relations between transnationalism, law, and culture

The recent surge of right-wing populism in Europe and the United States is widely perceived as evidence of ongoing challenges to the policies and institutions of globalization. But as editors Carol J. Greenhouse and Christina L. Davis observe in their introduction to Landscapes of Law, the appeal to national culture is not restricted to the ethno-nationalisms of the developing world outside of industrial democracies nor to insurgent groups within them. The essays they have collected in this volume reveal how claims of national culture emerge in the pursuit of transnationalism and, under some circumstances, become embedded within international law. The premise that there is inherent tension between nationalism and globalism is misleading. Whether asserted explicitly as state sovereignty or implicitly as cultural community, claims of national culture mediate how governments assert their interests and values when engaging with transnational law. Landscapes of Law demonstrates how nationalism operates in the contested zone between borderless capital and bordered states.

Drawing from the fields of anthropology, international relations, law, political science, and sociology, the book's international contributors examine the ways in which claims of national differences are produced within transnational institutions. Insights from case studies across a wide range of topics reveal how such claims may be worked into policy prescriptions and legal arrangements or provide ad hoc bargaining chips. Together, they show that expressions of national culture outside of state boundaries consolidate claims of sovereignty. The contributors offer innovative frameworks for analyzing the relationships among transnationalism, law, and cultural claims at various levels and scales. They demonstrate how overlapping communities use law to define borders and shape relationships among actors rather than to generate a single social ordering.

Landscapes of Law traces the theoretical implications generated by an understanding of transnational law that challenges the conventional separation of individual, community, society, national, and international spaces.

Contributors: Katayoun Alidadi, Tugba Basaran, Rachel Brewster, Sandra Brunnegger, Christina L. Davis, Sara Dezalay, Marie-Claire Foblets, Henry Gao, Carol J. Greenhouse, David Leheny, Mark Fathi Massoud, Teresa Rodríguez-de-las-Heras Ballell, Gregory Shaffer, Mariana Valverde.

Bibliography: http://www.nyupress.org/webchapters/9780814775998_benhabib_biblio.pdf
In an increasingly globalized world, the movement of peoples across national borders is posing unprecedented challenges, for the people involved as well as for the places to which they travel and their countries of origin. Citizenship is now a topic in focus around the world but much of that discussion takes place without sufficient attention to the women, men, and children, in and out of families, whose statuses and treatments depend upon how countries view their arrival. As essays in this volume detail, both the practices and theories of citizenship need to be reappraised in light of the array of persons and of twentieth-century commitments to their dignity and equality.
Migrations and Mobilities uniquely situates gender in the context of ongoing, urgent conversations about globalization, citizenship, and the meaning of borders. Following an introductory essay by editors Seyla Benhabib and Judith Resnik that addresses the parameters and implications of gendered migration, the interdisciplinary contributors consider a wide range of issues, from workers' rights to children's rights, from theories of the nation-state and federalism to obligations under transnational human rights conventions. Together, the essays in this path-breaking collection force us to consider the pivotal role that gender should play in reconceiving the nature of citizenship in the contemporary, transnational world.
Contributors: Selya Benhabib, Jacqueline Bhabha, Linda Bosniak, Catherine Dauvergne, Talia Inlender, Vicki C. Jackson, David Jacobson, Linda K. Kerber, Audrey Macklin, Angela Means, Valentine M. Moghadam, Patrizia Nanz, Aihwa Ong, Cynthia Patterson, Judith Resnik, and Sarah K. van Walsum.

Priests of Our
Democracy tells of the teachers and professors who
battled the anti-communist witch hunt of the 1950s. It traces the political fortunes
of academic freedom beginning in the late 19th century, both on
campus and in the courts. Combining political and legal history with wrenching
personal stories, the book details how the anti-communist excesses of the 1950s
inspired the Supreme Court to recognize the vital role of teachers and
professors in American democracy. The crushing of dissent in the 1950s
impoverished political discourse in ways that are still being felt, and First
Amendment academic freedom, a product of that period, is in peril today. In
compelling terms, this book shows why the issue should matter to everyone.

How Spanish-language radio has influenced American and Latino discourse on key current affairs issues such as citizenship and immigration.

Winner, Book of the Year presented by the American Association of Hispanics in Higher Education

Honorable Mention for the 2015 Latino Studies Best Book presented by the Latin American Studies Association


The
last two decades have produced continued Latino population growth, and marked
shifts in both communications and immigration policy. Since the 1990s, Spanish-
language radio has dethroned English-language radio stations in major cities
across the United States, taking over the number one spot in Los Angeles,
Houston, Miami, and New York City. Investigating the cultural and political
history of U.S. Spanish-language broadcasts throughout the twentieth century, Sounds
of Belonging reveals how these changes have helped Spanish-language radio
secure its dominance in the major U.S. radio markets.






Bringing together theories on the immigration experience with
sound and radio studies, Dolores Inés Casillas documents
how Latinos form listening relationships with Spanish-language radio
programming. Using a vast array of sources, from print culture and industry
journals to sound archives of radio programming, she reflects on institutional
growth, the evolution of programming genres, and reception by the radio
industry and listeners to map the trajectory of Spanish-language radio, from
its grassroots origins to the current corporate-sponsored business it has
become. Casillas focuses on Latinos’ use of Spanish-language radio to help
navigate their immigrant experiences with U.S. institutions, for example in
broadcasting discussions about immigration policies while providing anonymity
for a legally vulnerable listenership. Sounds of Belonging proposes that
debates of citizenship are not always formal personal appeals but a collective
experience heard loudly through broadcast radio.

The Passions of Law is the first anthology to treat the role that emotions play, don't play, and ought to play in the practice and conception of law and justice. Lying at the intersection of law, psychology, and philosophy, this emergent field of law scholarship raises some of the most profound and interesting questions at the heart of jurisprudence. For example, what role do emotions ranging from disgust to compassion play in the decision-making processes of judges, lawyers, juries, and clients? What emotions belong in which legal contexts? Is there a hierarchy of emotions, and, if so, through what sources do we identify it? To what extent are emotions subject to change or tutelage? How can we evaluate the role of emotion in such disparate contexts as death sentencing, laws about same sex marriage, hate crime legislation, punitive damages or shaming penalties?
Consisting of original essays by leading scholars of law, theology, political science, and philosophy, The Passions of Law contributes to ongoing efforts to humanize law and reveals how this previously unacknowledged aspect of decision-making exerts a much greater impact on justice and the practice of law than most tend, or like, to think.
Learn more about Susan Bandes

An argument for the constitutional responsibility to participate in jury duty

It’s easy to forget how important the jury really is to America. The right to be a juror is one of the fundamental rights guaranteed to all eligible citizens. The right to trial by jury helped spark the American Revolution, was quickly adopted at the Constitutional Convention, and is the only right that appears in both the Constitution and the Bill of Rights. But for most of us, a jury summons is an unwelcome inconvenience. Who has time for jury duty? We have things to do.

In Why Jury Duty Matters, Andrew Guthrie Ferguson reminds us that whether we like it or not, we are all constitutional actors. Jury duty provides an opportunity to reflect on that constitutional responsibility. Combining American history, constitutional law, and personal experience, the book engages citizens in the deeper meaning of jury service. Interweaving constitutional principles into the actual jury experience, this book is a handbook for those Americans who want to enrich the jury experience. It seeks to reconnect ordinary citizens to the constitutional character of a nation by focusing on the important, and largely ignored, democratic lessons of the jury.

Jury duty is a shared American tradition. It connects people across class and race, creates habits of focus and purpose, and teaches values of participation, equality, and deliberation. We know that juries are important for courts, but we don’t know that jury service is important for democracy. This book inspires us to re-examine the jury experience and act on the constitutional principles that guide our country before, during, and after jury service.

Identifies and evaluates the psychological choices implicit in the rules of evidence

Evidence law is meant to facilitate trials that are fair, accurate, and efficient, and that encourage and protect important societal values and relationships. In pursuit of these often-conflicting goals, common law judges and modern drafting committees have had to perform as amateur applied psychologists. Their task has required them to employ what they think they know about the ability and motivations of witnesses to perceive, store, and retrieve information; about the effects of the litigation process on testimony and other evidence; and about our capacity to comprehend and evaluate evidence. These are the same phenomena that cognitive and social psychologists systematically study.

The rules of evidence have evolved to restrain lawyers from using the most robust weapons of influence, and to direct judges to exclude certain categories of information, limit it, or instruct juries on how to think about it. Evidence law regulates the form of questions lawyers may ask, filters expert testimony, requires witnesses to take oaths, and aims to give lawyers and factfinders the tools they need to assess witnesses’ reliability. But without a thorough grounding in psychology, is the “common sense” of the rulemakers as they create these rules always, or even usually, correct? And when it is not, how can the rules be fixed?

Addressed to those in both law and psychology, The Psychological Foundations of Evidence Law draws on the best current psychological research-based knowledge to identify and evaluate the choices implicit in the rules of evidence, and to suggest alternatives that psychology reveals as better for accomplishing the law’s goals.

A look at First Amendment coverage of music, non-representational art, and nonsense




The Supreme Court has unanimously held that Jackson Pollock’s paintings, Arnold Schöenberg’s music, and Lewis Carroll’s poem “Jabberwocky” are “unquestionably shielded” by the First Amendment. Nonrepresentational art, instrumental music, and nonsense: all receive constitutional coverage under an amendment protecting “the freedom of speech,” even though none involves what we typically think of as speech—the use of words to convey meaning.



As a legal matter, the Court’s conclusion is clearly correct, but its premises are murky, and they raise difficult questions about the possibilities and limitations of law and expression. Nonrepresentational art, instrumental music, and nonsense do not employ language in any traditional sense, and sometimes do not even involve the transmission of articulable ideas. How, then, can they be treated as “speech” for constitutional purposes? What does the difficulty of that question suggest for First Amendment law and theory? And can law resolve such inquiries without relying on aesthetics, ethics, and philosophy?



Comprehensive and compelling, this book represents a sustained effort to account, constitutionally, for these modes of “speech.” While it is firmly centered in debates about First Amendment issues, it addresses them in a novel way, using subject matter that is uniquely well suited to the task, and whose constitutional salience has been under-explored. Drawing on existing legal doctrine, aesthetics, and analytical philosophy, three celebrated law scholars show us how and why speech beyond words should be fundamental to our understanding of the First Amendment.

Narratives of mixed-race people bringing claims of racial discrimination in court, illuminating traditional understandings of civil rights law

As the mixed-race population in the United States grows, public fascination with multiracial identity has promoted the belief that racial mixture will destroy racism. However, multiracial people still face discrimination. Many legal scholars hold that this is distinct from the discrimination faced by people of other races, and traditional civil rights laws built on a strict black/white binary need to be reformed to account for cases of discrimination against those identifying as mixed-race.

In Multiracials and Civil Rights, Tanya Katerí Hernández debunks this idea, and draws on a plethora of court cases to demonstrate that multiracials face the same types of discrimination as other racial groups. Hernández argues that multiracial people are primarily targeted for discrimination due to their non-whiteness, and shows how the cases highlight the need to support the existing legal structures instead of a new understanding of civil rights law. The legal and political analysis is enriched with Hernández's own personal narrative as a mixed-race Afro-Latina.

Coming at a time when explicit racism is resurfacing, Hernández’s look at multiracial discrimination cases is essential for fortifying the focus of civil rights law on racial privilege and the lingering legacy of bias against non-whites, and has much to teach us about how to move towards a more egalitarian society.

A look at gun control, campus sexual assault, immigration, and more that considers the future of responses to domestic violence

Domestic violence is commonly assumed to be a bipartisan, nonpolitical issue, with politicians of all stripes claiming to work to end family violence. Nevertheless, the Violence Against Women Act expired for over 500 days between 2012 and 2013 due to differences between the U.S. Senate and House, demonstrating that legal protections for domestic abuse survivors are both highly political and highly vulnerable. Racial and gender politics, the move toward criminalization, reproductive justice concerns, gun control debates, and political interests are increasingly shaping responses to domestic violence, demonstrating the need for greater consideration of the interplay of politics, domestic violence, and how the law works in people’s lives.

The Politicization of Safety provides a critical historical perspective on domestic violence responses in the United States. It grapples with the ways in which child welfare systems and civil and criminal justice responses intersect, and considers the different, overlapping ways in which survivors of domestic abuse are forced to cope with institutionalized discrimination based on race, gender, sexual orientation, and immigration status. The book also examines movement politics and the feminist movement with respect to domestic violence policies. The tensions discussed in this book, similar to those involved in the #metoo movement, include questions of accountability, reckoning, redemption, healing, and forgiveness.

What is the future of feminism and the movements against gender-based violence and domestic violence? Readers are invited to question assumptions about how society and the legal system respond to intimate partner violence and to challenge the domestic violence field to move beyond old paradigms and contend with larger justice issues.

An analysis of how problematic laws ought to be framed and considered

From the murder of George Floyd to the systematic dismantling of voting rights, our laws and their implementation are actively shaping the course of our nation. But however abhorrent a legal decision might be—whether Dred Scott v. Sanford or Plessy v. Ferguson—the stories we tell of the law’s failures refer to their injustice and rarely label them in the language of infamy. Yet in many instances, infamy is part of the story law tells about citizens’ conduct. Such stories of individual infamy work on both the social and legal level to stigmatize and ostracize people, to mark them as unredeemably other.

Law’s Infamy seeks to alter that course by making legal actions and decisions the subject of an inquiry about infamy. Taken together, the essays demonstrate how legal institutions themselves engage in infamous actions and urge that scholars and activists label them as such, highlighting the damage done when law itself acts infamously and focus of infamous decisions that are worthy of repudiation. Law's Infamy asks when and why the word infamy should be used to characterize legal decisions or actions. This is a much-needed addition to the broader conversation and questions surrounding law’s complicity in evil.

How the problematic behavior of private citizens—and not just the police force itself—contributes to the perpetuation of police brutality and institutional racism

“Warning: Neighborhood Watch Program in Force. If I don’t call the police, my neighbor will!”

Signs like this can be found affixed to telephone poles on streets throughout the US, warning trespassers that the community is an active participant in its own policing efforts. Thijs Jeursen calls this phenomenon, in which individuals take on the responsibility of defending themselves and share with the police the duty to mitigate everyday insecurity, “vigilant citizenship.”

Drawing on eleven months of fieldwork in Miami and sharing the stories and experiences of police officers, private security guards, neighborhood watch groups, civil society organizations, and a broad range of residents and activists, Jeursen uses the lens of vigilant citizenship to extend the analysis of police brutality beyond police encounters, focusing on the often blurred boundaries between policing actors and policed citizens and highlighting the many ways in which policing produces and perpetuates inequality and injustice. As a central premise in everyday policing, vigilant citizenship frames racist and violent policing as matters of personal blame and individual guilt, ultimately downplaying the realities of how systemically race operates in policing and US society more broadly.

The Vigilant Citizen illustrates how a focus on individualized responsibility for security exacerbates and legitimizes existing inequalities, a situation that must be addressed to end institutionalized racism in politics and the justice system.

The Poverty of Privacy Rights makes a simple, controversial argument: Poor mothers in America have been deprived of the right to privacy.

The U.S. Constitution is supposed to bestow rights equally. Yet the poor are subject to invasions of privacy that can be perceived as gross demonstrations of governmental power without limits. Courts have routinely upheld the constitutionality of privacy invasions on the poor, and legal scholars typically understand marginalized populations to have "weak versions" of the privacy rights everyone else enjoys. Khiara M. Bridges investigates poor mothers' experiences with the state—both when they receive public assistance and when they do not. Presenting a holistic view of just how the state intervenes in all facets of poor mothers' privacy, Bridges shows how the Constitution has not been interpreted to bestow these women with family, informational, and reproductive privacy rights. Bridges seeks to turn popular thinking on its head: Poor mothers' lack of privacy is not a function of their reliance on government assistance—rather it is a function of their not bearing any privacy rights in the first place. Until we disrupt the cultural narratives that equate poverty with immorality, poor mothers will continue to be denied this right.

Ronald Dworkin is widely accepted as the most important and most controversial Anglo-American jurist of the past forty years. And this same-named volume on his work has become a minor classic in the field, offering the most complete analysis and integration of Dworkin's work to date. This third edition offers a substantial revision of earlier texts and, most importantly, incorporates discussion of Dworkin's recent masterwork Justice for Hedgehogs.

Accessibly written for a wide readership, this book captures the complexity and depth of thought of Ronald Dworkin. Displaying a long-standing commitment to Dworkin's work, Stephen Guest clearly highlights the scholar's key theories to illustrate a guiding principle over the course of Dworkin's work: that there are right answers to questions of moral value. In assessing this principle, Guest also expands his analysis of contemporary critiques of Dworkin. The third edition includes an updated and complete bibliography of Dworkin's work.

In 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.

Designed for the general reader and students of law, this is a concise history and analysis of the civil law tradition, which is dominant in most of Europe, all of Latin America, and many parts of Asia, Africa, and the Middle East. The fourth edition is fully updated to include the latest developments in the field and to correct and update historical details gleaned from newly-published research on Roman and Medieval law. In the past ten years, the legal profession has changed radically, with the growing international ubiquity of large law firms operating across borders (which was previously a uniquely American phenomenon). This new edition updates the book from the post-Soviet era to ongoing current issues, including Brexit and the status of the European Union. It discusses how civil law codes have shifted in some countries to adapt to modern and changing ideologies and also includes brand-new material on legal education, which is of central importance to the legal profession today.

Migrant Crossings examines the experiences and representations of Asian and Latina/o migrants trafficked in the United States into informal economies and service industries. Through sociolegal and media analysis of court records, press releases, law enforcement campaigns, film representations, theatre performances, and the law, Annie Isabel Fukushima questions how we understand victimhood, criminality, citizenship, and legality.

Fukushima examines how migrants legally cross into visibility, through frames of citizenship, and narratives of victimhood. She explores the interdisciplinary framing of the role of the law and the legal system, the notion of "perfect victimhood", and iconic victims, and how trafficking subjects are resurrected for contemporary movements as illustrated in visuals, discourse, court records, and policy. Migrant Crossings deeply interrogates what it means to bear witness to migration in these migratory times—and what such migrant crossings mean for subjects who experience violence during or after their crossing.

Rich, personal stories shed light on midwives at the frontier of women's reproductive rights.

Midwives in the United States live and work in a complex regulatory environment that is a direct result of state and medical intervention into women's reproductive capacity. In Birthing a Movement, Renée Ann Cramer draws on over a decade of ethnographic and archival research to examine the interactions of law, politics, and activism surrounding midwifery care.

Framed by gripping narratives from midwives across the country, she parses out the often-paradoxical priorities with which they must engage—seeking formal professionalization, advocating for reproductive justice, and resisting state-centered approaches. Currently, professional midwives are legal and regulated in their practice in 32 states and illegal in eight, where their practice could bring felony convictions and penalties that include imprisonment. In the remaining ten states, Certified Professional Midwives (CPMs) are unregulated, but nominally legal. By studying states where CPMs have differing legal statuses, Cramer makes the case that midwives and their clients engage in various forms of mobilization—at times simultaneous, and at times inconsistent—to facilitate access to care, autonomy in childbirth, and the articulation of women's authority in reproduction. This book brings together literatures not frequently in conversation with one another, on regulation, mobilization, health policy, and gender, offering a multifaceted view of the experiences and politics of American midwifery, and promising rich insights to a wide array of scholars, activists, healthcare professionals alike.

Reveals how the U.S. Supreme Court's presidentialism threatens our democracy and what to do about it.

Donald Trump's presidency made many Americans wonder whether our system of checks and balances would prove robust enough to withstand an onslaught from a despotic chief executive. In The Specter of Dictatorship, David Driesen analyzes the chief executive's role in the democratic decline of Hungary, Poland, and Turkey and argues that an insufficiently constrained presidency is one of the most important systemic threats to democracy. Driesen urges the U.S. to learn from the mistakes of these failing democracies. Their experiences suggest, Driesen shows, that the Court must eschew its reliance on and expansion of the "unitary executive theory" recently endorsed by the Court and apply a less deferential approach to presidential authority, invoked to protect national security and combat emergencies, than it has in recent years. Ultimately, Driesen argues that concern about loss of democracy should play a major role in the Court's jurisprudence, because loss of democracy can prove irreversible. As autocracy spreads throughout the world, maintaining our democracy has become an urgent matter.

Twenty to forty percent of the US prison population will spend time in restricted housing units—or solitary confinement. These separate units within prisons have enhanced security measures, and thousands of staff control and monitor the residents. Though commonly assumed to be punishment for only the most dangerous behaviors, in reality, these units may also be used in response to minor infractions. In Surviving Solitary, Danielle S. Rudes offers an unprecedented look inside RHUs—and a resounding call to more vigorously confront the intentions and realities of these structures. As the narratives unfold we witness the slow and systematic damage the RHUs inflict upon those living and working inside, through increased risk, arbitrary rules, and strained or absent social interactions. Rudes makes the case that we must prioritize improvement over harm. Residents uniformly call for more humane and dignified treatment. Staff yearn for more expansive control. But, as Rudes shows, there also remains fierce resilience among residents and staff and across the communities they forge—and a perpetual hope that they may have a different future.

Provides compelling and manageable solutions for how to reform the criminal justice system from the inside out

A racial reckoning in the US criminal justice system was long overdue well before the highly publicized murders of George Floyd, Breonna Taylor, and many others in 2020. Progressive Prosecution argues that prosecutors, having helped build our failed system of mass incarceration, must now lead the charge to dismantle it.

With contributions from practicing district attorneys as well as leading scholars in the fields of law and criminal justice, Taylor-Thompson and Thompson’s volume offers an unapologetically ambitious vision for reform. The contributors draw from empirical evidence and years of combined research experience to argue that change must happen at the local level, with prosecutors choosing to adopt race-conscious approaches. These prosecutors must do the hard work themselves, actively focusing on the ways that race misshapes perceptions of criminality, influences discretionary calls, affects how we select juries, and induces a reliance on punitive responses. Progressive Prosecution acts as both a call to action and a practical guide, instructing prosecutors on what they need to do to bring about lasting and meaningful change. Progressive Prosecution is an urgent work of scholarship, a must-read for anyone committed to racial equity and meaningful criminal justice reform.

Governing Security investigates the surprising history of two major federal agencies that touch the lives of Americans every day: the Roosevelt-era Federal Security Agency––which eventually became today's Department of Health and Human Services––and the more recently created Department of Homeland Security. By describing the legal, political, and institutional history of both organizations, Mariano-Florentino Cuéllar offers a compelling account of crucial developments affecting the basic architecture of our nation. He shows how Americans end up choosing security goals not through an elaborate technical process, but in lively and overlapping settings involving conflict over statutory programs, agency autonomy, presidential power, and priorities for domestic and international risk regulation. Ultimately, as Cuéllar shows, ongoing fights about the scope of national security reshape the very structure of government and the intricate process through which statutes and regulations are implemented, particularly during––or in anticipation of––a national crisis.

"Harmonizing Similarities" is a study of the legal distinctions (al-furūq al-fiqhiyya) literature and its role in the development of the Islamic legal heritage. This book reconsiders how the public performance of Islamic law helped shape legal literature. It identifies the origins of this tradition in contemporaneous lexicographic and medical literature, both of which demonstrated the productive potential of drawing distinctions.

Elias G. Saba demonstrates the implications of the legal furūq and how changes to this genre reflect shifts in the social consumption of Islamic legal knowledge. The interest in legal distinctions grew out of the performance of knowledge in formalized legal disputations. From here, legal distinctions incorporated elements of play through its interactions with the genre of legal riddles.

As play, books of legal distinctions were supplements to performance in literary salons, study circles, and court performances; these books also served as mimetic objects, allowing the reader to participate in a session virtually. Saba underscores how social and intellectual practices helped shape the literary development of Islamic law and that literary elaboration became a main driver of dynamism in Islamic law.

This monograph has been awarded the annual BRAIS – De Gruyter Prize in the Study of Islam and the Muslim World.