Law

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.

Examines how Roberts Court decisions have reshaped "We the People" to favor a narrow vision of belonging rooted in white Christian nationalism and minority rule

Who belongs to “We the People”? Are “the People” exclusive, inegalitarian, and hierarchical, or inclusive and egalitarian? For much of American history, an exclusionary and inegalitarian republican democracy predominated, but in the 1930s, political forces lifted an egalitarian and participatory pluralist democracy to ascendance. Although a conservative Supreme Court initially resisted this change, the Court acquiesced in 1937 and then subsequently deepened the nation’s commitment to pluralist democracy by invigorating constitutional protections for individual rights—religious freedom, free expression, and equal protection. Protection of individual rights facilitated the acceptance of diverse values and the expression of those values in the pluralist democratic arena. Disgruntled with these constitutional developments, conservatives eventually denounced the 1937 transition and urged the Court to restore the original Constitution.

In Who Belongs, Stephen M. Feldman assesses how the conservative justices of the Roberts Court seem intent on undoing the 1937 constitutional transformation. Yet, Feldman reveals, they are not returning the nation to pre-1937 republican democratic constitutional principles. Instead, the justices reinterpret the post-1937 rights of religious freedom, free speech, and equal protection to privilege a narrow segment of the American people—white, Christian, heterosexual men. The Roberts Court is limiting who fully belongs to “We the People,” narrowing the rights of non-Christians, people of color, women, and LGBTQ+ individuals. Ultimately, the conservative justices are interpreting individuals’ rights to serve minority rule—in harmony with the political agenda of white Christian nationalism.

Providing a powerful assessment of white Christian nationalism in American constitutionalism, Who Belongs reminds us that a healthy democracy depends on not only what rights exist but also who enjoys them.

"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.

According to Susan Deller Ross, many human rights advocates still do not see women's rights as human rights. Yet women in many countries suffer from laws, practices, customs, and cultural and religious norms that consign them to a deeply inferior status. Advocates might conceive of human rights as involving torture, extrajudicial killings, or cruel and degrading treatment—all clearly in violation of international human rights—and think those issues irrelevant to women. Yet is female genital mutilation, practiced on millions of young girls and even infants, not a gross violation of human rights? When a family decides to murder a daughter in the name of "honor," is that not an extrajudicial killing? When a husband rapes or savagely beats his wife, knowing the legal authorities will take no action on her behalf, is that not cruel and degrading treatment?

Women's Human Rights is the first human rights casebook to focus specifically on women's human rights. Rich with interdisciplinary material, the book advances the study of the deprivation and violence women suffer due to discriminatory laws, religions, and customs that deny them their most fundamental freedoms. It also provides present and future lawyers the legal tools for change, demonstrating how human rights treaties can be used to obtain new laws and court decisions that protect women against discrimination with respect to employment, land ownership, inheritance, subordination in marriage, domestic violence, female genital mutilation, polygamy, child marriage, and the denial of reproductive rights.

Ross examines international and regional human rights treaties in depth, including treaty language and the jurisprudence and general interpretive guidelines developed by human rights bodies. By studying how international human rights law has been and can be implemented at the domestic level through local courts and legislatures, readers will understand how to call upon these newly articulated human rights to help bring about legislation, court decisions, and executive action that protect women from human rights violations.

The 1998 arrest of General Augusto Pinochet in London and subsequent extradition proceedings sent an electrifying wave through the international community. This legal precedent for bringing a former head of state to trial outside his home country signaled that neither the immunity of a former head of state nor legal amnesties at home could shield participants in the crimes of military governments. It also allowed victims of torture and crimes against humanity to hope that their tormentors might be brought to justice. In this meticulously researched volume, Naomi Roht-Arriaza examines the implications of the litigation against members of the Chilean and Argentine military governments and traces their effects through similar cases in Latin American and Europe.

Roht-Arriaza discusses the difficulties in bringing violators of human rights to justice at home, and considers the role of transitional justice in transnational prosecutions and investigations in the national courts of countries other than those where the crimes took place. She traces the roots of the landmark Pinochet case and follows its development and those of related cases, through Spain, the United Kingdom, elsewhere in Europe, and then through Chile, Argentina, Mexico, and the United States. She situates these transnational cases within the context of an emergent International Criminal Court, as well as the effectiveness of international law and of the lawyers, judges, and activists working together across continents to make a new legal paradigm a reality. Interviews and observations help to contextualize and dramatize these compelling cases.

These cases have tremendous ramifications for the prospect of universal jurisdiction and will continue to resonate for years to come. Roht-Arriaza's deft navigation of these complicated legal proceedings elucidates the paradigm shift underlying this prosecution as well as the traction gained by advocacy networks promoting universal jurisdiction in recent decades.

Drawing on domestic and international law, as well as on judgments given by courts and human rights treaty bodies, Gender Stereotyping offers perspectives on ways gender stereotypes might be eliminated through the transnational legal process in order to ensure women's equality and the full exercise of their human rights.

A leading international framework for debates on the subject of stereotypes, the Convention on the Elimination of All Forms of Discrimination against Women, was adopted in 1979 by the UN General Assembly and defines what constitutes discrimination against women. It also establishes an agenda to eliminate discrimination in all its forms in order to ensure substantive equality for women. Applying the Convention as the primary framework for analysis, this book provides essential strategies for eradicating gender stereotyping. Its proposed methodology requires naming operative gender stereotypes, identifying how they violate the human rights of women, and articulating states' obligations to eliminate and remedy these violations.

According to Rebecca J. Cook and Simone Cusack, in order to abolish all forms of discrimination against women, priority needs to be given to the elimination of gender stereotypes. While stereotypes affect both men and women, they can have particularly egregious effects on women, often devaluing them and assigning them to subservient roles in society. As the legal perspectives offered in Gender Stereotyping demonstrate, treating women according to restrictive generalizations instead of their individual needs, abilities, and circumstances denies women their human rights and fundamental freedoms.

The field of employment law used to be called "master-servant law." Even if this term has fallen out of favor, a central truth has not changed: modern employment law still draws on centuries-old ideas about the rights and obligations of workers. In The Master-Servant Doctrine, Elizabeth Chika Tippett combines historical context with contemporary case studies and interviews to reveal how modern law and management practices are steeped in three core master-servant principles: the right to control, the right to govern, and the duty of support. With each chapter tackling a different aspect of the workplace—including pay, time management, firing, and benefits—this startling and original story of employment law offers fresh insights for legal scholars, historians, attorneys, advocates, and anyone who's ever worked a terrible job.

A free open access ebook is available upon publication. Learn more at www.luminosoa.org

This sweeping book details the extent to which the legal revolution emanating from the US has transformed legal hierarchies of power across the globe, while also analyzing the conjoined global histories of law and social change from the Middle Ages to today. It examines the global proliferation of large corporate law firms—a US invention—along with US legal education approaches geared toward those corporate law firms. This neoliberal-inspired revolution attacks complacent legal oligarchies in the name of America-inspired modernism. Drawing on the combined histories of the legal profession, imperial transformations, and the enduring and conservative role of cosmopolitan elites at the top of legal hierarchies, the book details case studies in India, Hong Kong, South Korea, Japan, and China to explain how interconnected legal histories are stories of both revolution and reproduction. Theoretically and methodologically ambitious, it offers a wholly new approach to studying interrelated fields across time and geographies.

There has recently been a global resurgence of demands for the acknowledgement of historical and contemporary wrongs, as well as for apologies and reparation for harms suffered.

Drawing on the histories of injustice, dispossession and violence in South Africa, this book examines the cultural, political and legal role, and value of, an apology. It explores the multiple ways in which ‘sorry’ is instituted, articulated and performed, and critically analyses its various forms and functions in both historical and contemporary moments. Bringing together an interdisciplinary team of contributors, the book’s analysis offers insights that will be invaluable to global debates on the struggle for justice.

An examination of the forces and events that led to the most successful organized crime control initiatives in American history

Since Prohibition, the Mafia has captivated the media and, indeed, the American imagination. From Al Capone to John Gotti, organized crime bosses have achieved notoriety as anti- heroes in popular culture. In practice, organized crime grew strong and wealthy by supplying illicit goods and services and by obtaining control over labor unions and key industries.

Despite, or perhaps because of, its power and high profile, Cosa Nostra faced little opposition from law enforcement. Yet, in the last 15 years, the very foundations of the mob have been shaken, its bosses imprisoned, its profits diminished, and its influence badly weakened.

In this vivid and dramatic book, James B. Jacobs, Christopher Panarella, and Jay Worthington document the government's relentless attack on organized crime. The authors present an overview of the forces and events that led in the 1980s to the most successful organized crime control initiatives in American history. Enlisting trial testimony, secretly taped conversations, court documents, and depositions, they document five landmark cases, representing the most important organized crime prosecutions of the modern era—Teamsters Local 560, The Pizza Connection, The Commission, the International Teamsters, and the prosecution of John Gotti.

Over the last three decades, welfare policies have been informed by popular beliefs that welfare fraud is rampant. As a result, welfare policies have become more punitive and the boundaries between the welfare system and the criminal justice system have blurred—so much so that in some locales prosecution caseloads for welfare fraud exceed welfare caseloads. In reality, some recipients manipulate the welfare system for their own ends, others are gravely hurt by punitive policies, and still others fall somewhere in between.
In Cheating Welfare, Kaaryn S. Gustafson endeavors to clear up these gray areas by providing insights into the history, social construction, and lived experience of welfare. She shows why cheating is all but inevitable—not because poor people are immoral, but because ordinary individuals navigating complex systems of rules are likely to become entangled despite their best efforts. Through an examination of the construction of the crime we know as welfare fraud, which she bases on in-depth interviews with welfare recipients in Northern California, Gustafson challenges readers to question their assumptions about welfare policies, welfare recipients, and crime control in the United States.

Buying (RED) products—from Gap T-shirts to Apple—to fight AIDS.
Drinking a “Caring Cup” of coffee at the Coffee Bean & Tea Leaf to
support fair trade. Driving a Toyota Prius to fight global warming. All
these commonplace activities point to a central feature of contemporary
culture: the most common way we participate in social activism is by
buying something.



Roopali Mukherjee and Sarah Banet-Weiser have gathered an exemplary
group of scholars to explore this new landscape through a series of case
studies of “commodity activism.” Drawing from television, film,
consumer activist campaigns, and cultures of celebrity and corporate
patronage, the essays take up examples such as the Dove “Real Beauty”
campaign, sex positive retail activism, ABC’s Extreme Home Makeover, and
Angelina Jolie as multinational celebrity missionary.





Exploring the complexities embedded in contemporary political activism, Commodity Activism
reveals the workings of power and resistance as well as citizenship and
subjectivity in the neoliberal era. Refusing to simply position
politics in opposition to consumerism, this collection teases out the
relationships between material cultures and political subjectivities,
arguing that activism may itself be transforming into a branded
commodity.

Since the mid-19th century, American law has recognized adoption as a way to create parent-child relationships. As the product of law, rather than blood, adoptive families have become a focal point for debates about the meaning of family, the rights and responsibilities of parents, and the best interests of children.
Families by Law brings together diverse perspectives on contemporary aspects of adoption law and practice. Following a historical overview of adoption in American law and society, the reader presents different responses to concerns about who may place children for adoption, the status of birth parents, who may adopt, and the legal and psychosocial consequences of adoption. The new frontiers of adoption are explored: from transracial and intercountry adoption, adoption by same sex couples, and the adoption of children with special needs, to the movements for opening records and maintaining post-adoption contact between adoptive and birth families. The relationship between adoption and assisted reproductive technologies is discussed, as are feminist, economic, and philosophical perspectives on adoption and procreation. The volume includes statutes and cases, advocacy organization statements, and pieces from legal scholars, social scientists, philosophers, psychologists, and sociologists in order to provide a wealth of information about the contemporary dimensions of adoption.
Families by Law provides undergraduates, as well as law, social welfare, and public policy graduate students and others interested in family relationships with a multifaceted context for understanding the complexities of contemporary family life.

Choice Outstanding Academic Title for 2008
The U.S. Supreme Court has decided that states may require parental involvement in the abortion decisions of pregnant minors as long as minors have the opportunity to petition for a “bypass” of parental involvement. To date, virtually all of the 34 states that mandate parental involvement have put judges in charge of the bypass process. Individual judges are thereby responsible for deciding whether or not the minor has a legitimate basis to seek an abortion absent parental participation. In this revealing and disturbing book, Helena Silverstein presents a detailed picture of how the bypass process actually functions.
Silverstein led a team of researchers who surveyed more than 200 courts designated to handle bypass cases in three states. Her research shows indisputably that laws are being routinely ignored and, when enforced, interpreted by judges in widely divergent ways. In fact, she finds audacious acts of judicial discretion, in which judges structure bypass proceedings in a shameless and calculated effort to communicate their religious and political views and to persuade minors to carry their pregnancies to term. Her investigations uncover judicial mandates that minors receive pro-life counseling from evangelical Christian ministries, as well as the practice of appointing attorneys to represent the interests of unborn children at bypass hearings.
Girls on the Stand convincingly demonstrates that safeguards promised by parental involvement laws do not exist in practice and that a legal process designed to help young women make informed decisions instead victimizes them. In making this case, the book casts doubt not only on the structure of parental involvement mandates but also on the naïve faith in law that sustains them. It consciously contributes to a growing body of books aimed at debunking the popular myth that, in the land of the free, there is equal justice for all.

In this first legal analysis of Title IX, Deborah L. Brake assesses the statute’s successes and failures, using a feminist theory lens to understand, defend, and critique the law. While the statute has created tremendous gains for female athletes, not only raising the visibility and cultural acceptance of women in sports, but also creating social bonds for women, positive body images, and leadership roles, the disparities in funding between men’s and women’s sports have remained remarkably resilient. At the same time, female athletes
continue to receive less prestige and support than their male counterparts, which in turn filters into the arena of professional sports. Brake provides a richer understanding and appreciation of what Title IX has accomplished, while taking a critical look at the places where the law has fallen short.
A unique contribution to the literature on Title IX, Getting in the Game fully explores the theory, policy choices, and successes and limitations of this historic law.

Although the origin of the term “greaser” is debated, its derogatory meaning never has been. From silent movies like The Greaser’s Revenge (1914) and The Girl and the Greaser (1913) with villainous title characters, to John Steinbeck's portrayals of Latinos as lazy, drunken, and shiftless in his 1935 novel Tortilla Flat, to the image of violent, criminal, drug-using gang members of East LA, negative stereotypes of Latinos/as have been plentiful in American popular culture far before Latinos/as became the most populous minority group in the U.S.
In Greasers and Gringos, Steven W. Bender examines and surveys these stereotypes and their evolution, paying close attention to the role of mass media in their perpetuation. Focusing on the intersection between stereotypes and the law, Bender reveals how these negative images have contributed significantly to the often unfair treatment of Latino/as under American law by the American legal system. He looks at the way demeaning constructions of Latinos/as influence their legal treatment by police, prosecutors, juries, teachers, voters, and vigilantes. He also shows how, by internalizing negative social images, Latinos/as and other subordinated groups view themselves and each other as inferior.
Although fighting against cultural stereotypes can be a daunting task, Bender reminds us that, while hard to break, they do not have to be permanent. Greasers and Gringos begins the charge of debunking existing stereotypes and implores all Americans to re-imagine Latinos/as as legal and social equals.

Holocaust Restitution is the first volume to present the Holocaust restitution movement directly from the viewpoints of the various parties involved in the campaigns and settlements. Now that the Holocaust restitution claims are closed, this work enjoys the benefits of hindsight to provide a definitive assessment of the movement.
From lawyers and State Department officials to survivors and heads of key institutes involved in the negotiations, the volume brings together the central players in the Holocaust restitution movement, both pro and con. The volume examines the claims against European banks and against Germany and Austria relating to forced labor, insurance claims, and looted art claims. It considers their significance, their legacy, and the moral issues involved in seeking and receiving restitution.
Contributors: Roland Bank, Michael Berenbaum, Lee Boyd, Thomas Buergenthal, Monica S. Dugot, Stuart E. Eizenstat, Eric Freedman and Richard Weisberg, Si Frumkin, Peter Hayes, Kai Henning, Roman Kent, Lawrence Kill and Linda Gerstel, Edward R. Korman, Otto Graf Lambsdorff, David A. Lash and Mitchell A. Kamin, Hannah Lessing and Fiorentina Azizi, Burt Neuborne, Owen C. Pell, Morris Ratner and Caryn Becker, Shimon Samuels, E. Randol Schoenberg, William Z. Slany, Howard N. Spiegler, Deborah Sturman, Robert A. Swift, Gideon Taylor, Lothar Ulsamer, Melvyn I. Weiss, Roger M. Witten, Sidney Zabludoff, and Arie Zuckerman.

This wide-ranging volume advances our understanding of law and empire in the early modern world. Distinguished contributors expose new dimensions of legal pluralism in the British, French, Spanish, Portuguese, and Ottoman empires. In-depth analyses probe such topics as the shifting legal privileges of corporations, the intertwining of religious and legal thought, and the effects of clashing legal authorities on sovereignty and subjecthood. Case studies show how a variety of individuals engage with the law and shape the contours of imperial rule.

The volume reaches from Peru to New Zealand to Europe to capture the varieties and continuities of legal pluralism and to probe the analytic power of the concept of legal pluralism in the comparative study of empires. For legal scholars, social scientists, and historians, Legal Pluralism and Empires, 1500-1850 maps new approaches to the study of empires and the global history of law.

In 1983 Harvard law professor Duncan Kennedy self-published a biting critique of the law school system called Legal Education and the Reproduction of Hierarchy. This controversial booklet was reviewed in several major law journals—unprecedented for a self-published work—and influenced a generation of law students and teachers.
In this well-known critique, Duncan Kennedy argues that legal education reinforces class, race, and gender inequality in our society. However, Kennedy proposes a radical egalitarian alternative vision of what legal education should become, and a strategy, starting from the anarchist idea of workplace organizing, for struggle in that direction. Legal Education and the Reproduction of Hierarchy is comprehensive, covering everything about law school from the first day to moot court to job placement to life after law school. Kennedy's book remains one of the most cited works on American legal education.
The visually striking original text is reprinted here, making it available to a new generation. The text is buttressed by commentaries by five prominent legal scholars who consider its meaning for today, as well as by an introduction and afterword by the author that describes the context in which Kennedy wrote the book, including a brief history of critical legal studies.

A critical reader of the history of marriage understands that it is an institution that has always been in flux. It is also a decidedly complicated one, existing simultaneously in the realms of religion, law, and emotion. And yet recent years have seen dramatic and heavily waged battles over the proposition of including same sex couples in marriage. Just what is at stake in these battles?

License to Wed examines the meanings of marriage for couples in the two first states to extend that right to same sex couples: California and Massachusetts. The two states provide a compelling contrast: while in California the rights that go with marriage—inheritance, custody, and so forth—were already granted to couples under the state’s domestic partnership law, those in Massachusetts did not have this same set of rights. At the same time, Massachusetts has offered civil marriage consistently since 2004; Californians, on the other hand, have experienced a much more turbulent legal path. And yet, same-sex couples in both states seek to marry for a variety of interacting, overlapping, and evolving reasons that do not vary significantly by location.

The evidence shows us that for many of these individuals, access to civil marriage in particular—not domestic partnership alone, no matter how broad—and not a commitment ceremony alone, no matter how emotional—is a home of such personal, civic, political, and instrumental resonance that it is ultimately difficult to disentangle the many meanings of marriage. This book attempts to do so, and in the process reveals just what is at stake for these couples, how access to a legal institution fundamentally alters their consciousness, and what the impact of legal inclusion is for those traditionally excluded.

Since its founding, the United States has defined itself as the supreme protector of freedom throughout the world, pointing to its Constitution as the model of law to ensure democracy at home and to protect human rights internationally. Although the United States has consistently emphasized the importance of the international legal system, it has simultaneously distanced itself from many established principles of international law and the institutions that implement them. In fact, the American government has attempted to unilaterally reshape certain doctrines of international law while disregarding others, such as provisions of the Geneva Conventions and the prohibition on torture.
America’s selective self-exemption, Natsu Taylor Saito argues, undermines not only specific legal institutions and norms, but leads to a decreased effectiveness of the global rule of law. Meeting the Enemy is a pointed look at why the United States’ frequent—if selective—disregard of international law and institutions is met with such high levels of approval, or at least complacency, by the American public.

According to masculinities theory, masculinity is not a biological imperative but a social construction. Men engage in a constant struggle with other men to prove their masculinity. Masculinities and the Law develops a multidimensional approach. It sees categories of identity—including various forms of raced, classed, and sex-oriented masculinities—as operating simultaneously and creating different effects in different contexts.

By applying multidimensional masculinities theory to law, this cutting-edge collection both expands the field of masculinities and develops new thinking about important issues in feminist and critical race theories. The topics covered include how norms of masculinity influence the behavior of policemen, firefighters, and international soldiers on television and in the real world; employment discrimination against masculine cocktail waitresses and all transgendered employees; the legal treatment of fathers in the U.S. and the ways unauthorized migrant fathers use the dangers of border crossing to boost their masculine esteem; how Title IX fails to curtail the masculinity of sport; the racist assumptions behind the prison rape debate; the surprising roots of homophobia in Jamaican dancehall music; and the contradictions of the legal debate over women veiling in Turkey. Ultimately, the book argues that multidimensional masculinities theory can change how law is interpreted and applied.

A man murders his wife after she has admitted her infidelity; another man kills an openly gay teammate after receiving a massage; a third man, white, goes for a jog in a “bad” neighborhood, carrying a pistol, and shoots an African American teenager who had his hands in his pockets. When brought before the criminal justice system, all three men argue that they should be found “not guilty”; the first two use the defense of provocation, while the third argues he used his gun in self-defense.
Drawing upon these and similar cases, Cynthia Lee shows how two well-established, traditional criminal law defenses—the doctrines of provocation and self-defense—enable majority-culture defendants to justify their acts of violence. While the reasonableness requirement, inherent in both defenses, is designed to allow community input and provide greater flexibility in legal decision-making, the requirement also allows majority-culture defendants to rely on dominant social norms, such as masculinity, heterosexuality, and race (i.e., racial stereotypes), to bolster their claims of reasonableness. At the same time, Lee examines other cases that demonstrate that the reasonableness requirement tends to exclude the perspectives of minorities, such as heterosexual women, gays and lesbians, and persons of color.
Murder and the Reasonable Man not only shows how largely invisible social norms and beliefs influence the outcomes of certain criminal cases, but goes further, suggesting three tentative legal reforms to address problems of bias and undue leniency. Ultimately, Lee cautions that the true solution lies in a change in social attitudes.

Explores the intersection of race and law enforcement in the controversial area of hate crime

High-profile hate crimes like the torture-murder of Matthew Shepard and the dragging death of James Byrd have drawn the nation’s attention, but there are thousands of other individuals who are attacked because of their race, religion, or sexual orientation each year. This study of hate crimes challenges common assumptions regarding perpetrators and victims: most of the accused tend to be white, while most of their victims are not.

Policing Hatred is an in-depth ethnographic study of how hate crime law works in practice, from the perspective of those enforcing it. It examines the ways in which the police handle bias crimes, and the social impact of those efforts. Bell exposes the power that law enforcement personnel have to influence the social environment by showing how they determine whether an incident will be charged as a bias crime.

Drawing on her unprecedented access to a police hate crime unit, Bell’s work brings to life the stories of female, Black, Latino, and Asian American detectives, in addition to those of their white male counterparts. Policing Hatred also explores the impact of victim’s identity on each officers handling of bias crimes and addresses how the police treat defendants’ First Amendment rights. Bell’s vivid evidence from the field argues persuasively for the need to have the police diligently address even low-level offenses, such as vandalism, given their devastating cumulative effects on society.

The modern law of search and seizure permits warrantless searches that ruin the citizenry's trust in law enforcement, harms minorities, and embraces an individualistic notion of the rights that it protects, ignoring essential roles that properly-conceived protections of privacy, mobility, and property play in uniting Americans. Many believe the Fourth Amendment is a poor bulwark against state tyrannies, particularly during the War on Terror.
Historical amnesia has obscured the Fourth Amendment's positive aspects, and Andrew E. Taslitz rescues its forgotten history in Reconstructing the Fourth Amendment, which includes two novel arguments. First, that the original Fourth Amendment of 1791—born in political struggle between the English and the colonists—served important political functions, particularly in regulating expressive political violence. Second, that the Amendment’s meaning changed when the Fourteenth Amendment was created to give teeth to outlawing slavery, and its focus shifted from primary emphasis on individualistic privacy notions as central to a white democratic polis to enhanced protections for group privacy, individual mobility, and property in a multi-racial republic.
With an understanding of the historical roots of the Fourth Amendment, suggests Taslitz, we can upend negative assumptions of modern search and seizure law, and create new institutional approaches that give political voice to citizens and safeguard against unnecessary humiliation and dehumanization at the hands of the police.

Reveals America’s long history of making both naturalized immigrants and native-born citizens un-American after stripping away their citizenship

Expatriation, or the stripping away citizenship and all the rights that come with it, is usually associated with despotic and totalitarian regimes. The imagery of mass expulsion of once integral members of the community is associated with civil wars, ethnic cleansing, the Holocaust, or other oppressive historical events. Yet these practices are not just a product of undemocratic events or extreme situations, but are standard clauses within the legal systems of most democratic states, including the United States. Witness, for example, Yaser Esam Hamdi, captured in Afghanistan in November 2001, sent to Guantánamo, transferred to a naval brig in South Carolina when it was revealed that he was a U.S. citizen, and held there without trial until 2004, when the Justice Department released Hamdi to Saudi Arabia without charge on the condition that he renounce his U.S. citizenship.

Hamdi’s story may be the best known expatriation story in recent memory, but in Revoking Citizenship, Ben Herzog reveals America’s long history of making both naturalized immigrants and native-born citizens un-American after their citizenship was stripped away. Tracing this history from the early republic through the Cold War, Herzog locates the sociological, political, legal, and historic meanings of revoking citizenship. Why, when, and with what justification do states take away citizenship from their subjects? Should loyalty be judged according to birthplace or actions? Using the history and policies of revoking citizenship as a lens, Revoking Citizenship examines, describes, and analyzes the complex relationships between citizenship, immigration, and national identity.

How sharing, linking, and liking have transformed the media and marketing industries

Spreadable Media is a rare inside look at today’s ever-changing media landscape. The days of corporate control over media content and its distribution have been replaced by the age of what the digital media industries have called “user-generated content.” Spreadable Media maps these fundamental changes, and gives readers a comprehensive look into the rise of participatory culture, from internet memes to presidential tweets.

The authors challenge our notions of what goes “viral” and how by examining factors such as the nature of audience engagement and the environment of participation, and by contrasting the concepts of “stickiness”—aggregating attention in centralized places—with “spreadability”—dispersing content widely through both formal and informal networks. The former has often been the measure of media success in the online world, but the latter describes the actual ways content travels through social media. The book explores the internal tensions businesses face as they adapt to this new, spreadable, communication reality and argues for the need to shift from “hearing” to “listening” in corporate culture.

Now with a new afterword addressing changes in the media industry, audience participation, and political reporting, and drawing on modern examples from online activism campaigns, film, music, television, advertising, and social media—from both the US and around the world—the authors illustrate the contours of our current media environment. For all of us who actively create and share content, Spreadable Media provides a clear understanding of how people are spreading ideas and the implications these activities have for business, politics, and everyday life, both on- and offline.

A startling account of personal data dossiers and the newest grave threat to privacy

Seven days a week, twenty-four hours a day, electronic databases are compiling information about you. As you surf the Internet, an unprecedented amount of your personal information is being recorded and preserved forever in the digital minds of computers. For each individual, these databases create a profile of activities, interests, and preferences used to investigate backgrounds, check credit, market products, and make a wide variety of decisions affecting our lives. The creation and use of these databases—which Daniel J. Solove calls “digital dossiers”—has thus far gone largely unchecked. In this startling account of new technologies for gathering and using personal data, Solove explains why digital dossiers pose a grave threat to our privacy.

The Digital Person sets forth a new understanding of what privacy is, one that is appropriate for the new challenges of the Information Age. Solove recommends how the law can be reformed to simultaneously protect our privacy and allow us to enjoy the benefits of our increasingly digital world.

This is the first volume in the series EX MACHINA: LAW, TECHNOLOGY, AND SOCIETY.

Law and society scholars challenge the
common belief that law is simply a neutral tool by which society sets standards
and resolves disputes. Decades of research shows how much the nature of
communities, organizations, and the people inhabiting them affect how law
works. Just as much, law shapes beliefs, behaviors, and wider social
structures, but the connections are much more nuanced—and surprising—than many
expect.

Law and Society
Reader II
provides readers an accessible overview to the breadth of recent developments
in this research tradition, bringing to life the developments in this dynamic
field. Following up a first Law and
Society Reader published in 1995, editors Erik W. Larson and Patrick D.
Schmidt have compiled excerpts of 43 illuminating articles published since 1993
in The Law & Society Review, the
flagship journal of the Law and Society Association.

By its organization
and approach, this volume enables readers to join in discussing the key ideas
of law and society research. The selections highlight the core insights and
developments in this research tradition, making these works indispensable for
those exploring the field and ideal for classroom use. Across six
concisely-introduced sections, this volume analyzes inequality, lawyering, the
relation between law and organizations, and the place of law in relation to
other social institutions.

The first book to consider the rapid rise of makeover shows from the perspectives of their viewers

Watch this show, buy this product, you can be a whole new you!

Makeover television shows repeatedly promise self-renewal and the opportunity for reinvention, but what do we know about the people who watch them? As it turns out, surprisingly little.

The Makeover is the first book to consider the rapid rise of makeover shows from the perspectives of their viewers. Katherine Sender argues that this genre of reality television continues a long history of self-improvement, shaped through contemporary media, technological, and economic contexts. Most people think that reality television viewers are ideological dupes and obliging consumers. Sender, however, finds that they have a much more nuanced and reflexive approach to the shows they watch. They are critical of the instruction, the consumer plugs, and the manipulative editing in the shows. At the same time, they buy into the shows’ imperative to construct a reflexive self: an inner self that can be seen as if from the outside, and must be explored and expressed to others. The Makeover intervenes in debates about both reality television and audience research, offering the concept of the reflexive self to move these debates forward.

Despite claims from
pundits and politicians that we now live in a post-racial America, people seem
to keep finding ways to talk about race—from celebrations of the inauguration
of the first Black president to resurgent debates about police
profiling, race and racism remain salient features of our world. When faced
with fervent anti-immigration sentiments, record incarceration rates of Blacks and
Latinos, and deepening socio-economic disparities, a new question has erupted
in the last decade: What does being post-racial mean?

The Post-Racial Mystique explores
how a variety of media—the news, network television, and online, independent media—debate,
define and deploy the term “post-racial” in their representations of American
politics and society. Using examples from both mainstream and niche media—from prime-time television series to specialty Christian media and audience
interactions on social media—Catherine Squires draws upon a variety of
disciplines including communication studies, sociology, political science, and
cultural studies in order to understand emergent strategies for framing
post-racial America. She reveals the ways in which media texts cast U.S.
history, re-imagine interpersonal relationships, employ statistics, and
inventively redeploy other identity categories in a quest to formulate
different ways of responding to race.

There is hardly a struggle aimed at upholding and extending therights embedded in the U.S. Constitution in which the Centerfor Constitutional Rights (CCR) has not played a central role,and yet few people have ever heard of it. Whether defendingthe rights of black people in the South, opponents of the war inVietnam and victims of torture worldwide, or fighting illegalactions of the U.S. government, the CCR has stood ready totake on all comers, regardless of their power and wealth. Whenthe United States declared that the Constitution did not applyto detainees at Guantanamo, the CCR waded fearlessly intobattle, its Legal Director declaring, “My job is to defend theConstitution from its enemies. Its main enemies right now arethe Justice Department and the White House.”

In this first-ever comprehensive history of one of the most important legal organizations in the United States, the Center forConstitutional Rights, Albert Ruben shows us exactly what itmeans to defend the Constitution. He examines the innovativetactics of the CCR, the ways in which a radical organization isbuilt and nurtured, and the impact that the CCR has had onour very conception of the law. This book is a must-read notonly for lawyers, but for all the rest of us who may one day findour rights in jeopardy.

An in-depth analysis of the legal entry points and remedies in the school-to-prison pipeline

The “school-to-prison pipeline” is an emerging trend that pushes large numbers of at-risk youth—particularly children of color—out of classrooms and into the juvenile justice system. The policies and practices that contribute to this trend can be seen as a pipeline with many entry points, from under-resourced K-12 public schools, to the over-use of zero-tolerance suspensions and expulsions and to the explosion of policing and arrests in public schools. The confluence of these practices threatens to prepare an entire generation of children for a future of incarceration.

In this comprehensive study of the relationship between American law and the school-to-prison pipeline, co-authors Catherine Y. Kim, Daniel J. Losen, and Damon T. Hewitt analyze the current state of the law for each entry point on the pipeline and propose legal theories and remedies to challenge them. Using specific state-based examples and case studies, the authors assert that law can be an effective weapon in the struggle to reduce the number of children caught in the pipeline, address the devastating consequences of the pipeline on families and communities, and ensure that our public schools and juvenile justice system further the goals for which they were created: to provide meaningful, safe opportunities for all the nation’s children.

Dubbed a pioneer of critical race theory, Delgado offers a book of compelling conversations about race in America

Richard Delgado is one of the most evocative and forceful voices writing on the subject of race and law in America today. The New York Times has described him as a pioneer of critical race theory, the bold and provocative movement that, according to the Times "will be influencing the practice of law for years to come."

In The Rodrigo Chronicles, Delgado, adopting his trademark storytelling approach, casts aside the dense, dry language so commonly associated with legal writing and offers up a series of incisive and compelling conversations about race in America. Rodrigo, a brash and brilliant African-American law graduate has been living in Italy and has just arrived in the office of a professor when we meet him. Through the course of the book, the professor and he discuss the American racial scene, touching on such issues as the role of minorities in an age of global markets and competition, the black left, the rise of the black right, black crime, feminism, law reform, and the economics of racial discrimination.

Expanding on one of the central themes of the critical race movement, namely that the law has an overwhelmingly white voice, Delgado here presents a radical and stunning thesis: it is not black, but white, crime that poses the most significant problem in modern American life.

Visualizing Atrocity takes Hannah Arendt’s provocative and polarizing account of the 1961 trial of Nazi official Adolf Eichmann as its point of departure for reassessing some of the serviceable myths that have come to shape and limit our understanding both of the Nazi genocide and totalitarianism’s broader, constitutive, and recurrent features. These myths are inextricably tied to and reinforced viscerally by the atrocity imagery that emerged with the liberation of the concentration camps at the war’s end and played an especially important, evidentiary role in the postwar trials of perpetrators.

At the 1945 Nuremberg Tribunal, particular practices of looking and seeing were first established with respect to these images that were later reinforced and institutionalized through Eichmann’s trial in Jerusalem as simply part of the fabric of historical fact. They have come to constitute a certain visual rhetoric that now circumscribes the moral and political fields and powerfully assists in contemporary mythmaking about how we know genocide and what is permitted to count as such. In contrast, Arendt’s claims about the “banality of evil” work to disrupt this visual rhetoric. More significantly still, they direct our attention well beyond the figure of Eichmann to a world organized now as then by practices and processes that while designed to sustain and even enhance life work as well to efface it.

Rape law reform has long been hailed as one of the most successful projects of second-wave feminism. Yet forty years after the anti-rape movement emerged, legal and medical institutions continue to resist implementing reforms intended to provide more just and compassionate legal and medical responses to victims of sexual violence. In Up Against a Wall, Rose Corrigan draws on interviews with over 150 local rape care advocates in communities across the United States to explore how and why mainstream systems continue to resist feminist reforms.



In a series of richly detailed case studies, the book weaves together scholarship on law and social movements, feminist theory, policy formation and implementation, and criminal justice to show how the innovative legal strategies employed by anti-rape advocates actually undermined some of their central claims. But even as its more radical elements were thwarted, pieces of the rape law reform project were seized upon by conservative policy-makers and used to justify new initiatives that often prioritize the interests and rights of criminal justice actors or medical providers over the needs of victims.

Legal experts rewrite the landmark court decision

Brown v. Board of Education, the Supreme Court's landmark 1954 decision ordering the desegregation of America's public schools, is perhaps the most famous case in American constitutional law. Criticized and even openly defied when first handed down, in half a century Brown has become a venerated symbol of equality and civil rights.

Its meaning, however, remains as contested as the case is celebrated. In the decades since the original decision, constitutional interpreters of all stripes have found within it different meanings. Both supporters and opponents of affirmative action have claimed the mantle of Brown, criticizing the other side for betraying its spirit. Meanwhile, the opinion itself has often been criticized as bland and uninspiring, carefully written to avoid controversy and maintain unanimity among the Justices.

As the 50th anniversary of Brown approaches, America's schools are increasingly divided by race and class. Liberals and conservatives alike harbor profound regrets about the development of race relations since Brown, while disagreeing heatedly about the proper role of the courts in promoting civil equality and civil rights.

In this volume, nine of America's top constitutional and civil rights experts have been challenged to rewrite the Brown decision as they would like it to have been written, incorporating what they now know about the subsequent history of the United States but making use of only those sources available at the time of the original decision. In addition, Jack Balkin gives a detailed introduction to the case, chronicling the history of the litigation in Brown, and explaining the current debates over its legacy.

Contributors include: Bruce Ackerman, Jack M Balkin, Derrick A. Bell, Drew S. Days, John Hart Ely, Catharine A. MacKinnon, Michael W. McConnell, Frank I Michelman, and Cass R. Sunstein.

Preventing risks of severe damage from climate change not only requires deep cuts in developed country greenhouse gas emissions, but enormous amounts of public and private investment to limit emissions while promoting green growth in developing countries. While attention has focused on emissions limitations commitments and architectures, the crucial issue of what must be done to mobilize and govern the necessary financial resources has received too little consideration. In Climate Finance, a leading group of policy experts and scholars shows how effective mitigation of climate change will depend on a complex mix of public funds, private investment through carbon markets, and structured incentives that leave room for developing country innovations. This requires sophisticated national and global regulation of cap-and-trade and offset markets, forest and energy policy, international development funding, international trade law, and coordinated tax policy.
Thirty-six targeted policy essays present a succinct overview of the emerging field of climate finance, defining the issues, setting the stakes, and making new and comprehensive proposals for financial, regulatory, and governance mechanisms that will enrich political and policy debate for many years to come. The complex challenges of climate finance will continue to demand fresh insights and creative approaches. The ideas in this volume mark out starting points for essential institutional and policy innovations.

This book, Corruption and Racketeering In The New York City Construction Industry: The Final Report of the New York State Organized Task Force, lays out in close and compelling detail the intricate patterns of currupt activities and relationships that for the better part of a century have characterized business as usual in the construction industry in America's largest metropolis.
The book is the end product of more than five years' worth of investigation, prosecutions, and research by the New York State Organized Crime Task Force, a unique agency that has set a national example for marrying law enforcement initiatives with comprehensive and exhausting analysis of the causes and dynamics of industrial racketeering. This is a sobering analysis of the construction industry , one of New York City's largest industries, and in effect, one of the city's most significant economic sectors. In any given year during the 1980s, billions of dollars of construction were being carried out at any one time. The industry regularly employs more than 100,000 people in the city, involving some one hundred union locals and many hundreds of general and specialty contractors as well as a large number of architects, engineers, and materials suppliers. The book shows—in great and provocative detail—how organized extortion, bribery illegal cartels, and bid rigging characterize construction in the city. The basis for much of this crim is labor racketeering, controlled or orchestrated by organized crime. It reveals how this world of corruption affects not only the private sector but the city's vast public works program, and it spells out the ways in which both organized crime and official corruption each sustain the dynamics of ongoing criminality.
Wrong-doing on a massive scale is documented at length. But this book is more than a recitation of extensive and systematic criminality. The book recommends a number of plausible options for genuine reform. Necessarily these are profound and radical solutions, but everyone who reads this book will conclude that only profound and radical solutions could hope to solve such an entrenched and intractable crime problem.

The first book to comprehensively
describe the history, theory, and application of prosecutorial discretion in
immigration law

When Beatles star John Lennon faced deportation from the U.S. in the 1970s, his lawyer Leon Wildes made a groundbreaking argument. He argued that Lennon should be granted “nonpriority” status pursuant to INS’s (now DHS’s) policy of prosecutorial discretion. In U.S. immigration law, the agency exercises prosecutorial discretion favorably when it refrains from enforcing the full scope of immigration law. A prosecutorial discretion grant is important to an agency seeking to focus its priorities on the “truly dangerous” in order to conserve resources and to bring compassion into immigration enforcement. The Lennon case marked the first moment that the immigration agency’s prosecutorial discretion policy became public knowledge. Today, the concept of prosecutorial discretion is more widely known in light of the Obama Administration’s Deferred Action for Childhood Arrivals or DACA program, a record number of deportations and a stalemate in Congress to move immigration reform.

Beyond Deportation is the first book to comprehensively describe the history, theory, and application of prosecutorial discretion in immigration law. It provides a rich history of the role of prosecutorial discretion in the immigration system and unveils the powerful role it plays in protecting individuals from deportation and saving the government resources. Shoba Sivaprasad Wadhia draws on her years of experience as an immigration attorney, policy leader, and law professor to advocate for a bolder standard on prosecutorial discretion, greater mechanisms for accountability when such standards are ignored, improved transparency about the cases involving prosecutorial discretion, and recognition of “deferred action” in the law as a formal benefit.

“Baby safe haven” laws, which allow a parent to relinquish a newborn baby legally and anonymously at a specified institutional location—such as a hospital or fire station—were established in every state between 1999 and 2009. Promoted during a time of heated public debate over policies on abortion, sex education, teen pregnancy, adoption, welfare, immigrant reproduction, and child abuse, safe haven laws were passed by the majority of states with little contest. These laws were thought to offer a solution to the consequences of unwanted pregnancies: mothers would no longer be burdened with children they could not care for, and newborn babies would no longer be abandoned in dumpsters.

Yet while these laws are well meaning, they ignore the real problem: some women lack key social and economic supports that mothers need to raise children. Safe haven laws do little to help disadvantaged women. Instead,
advocates of safe haven laws target teenagers, women of color, and poor women with safe haven information and see relinquishing custody of their newborns as an act of maternal love. Disadvantaged women are preemptively judged as “bad” mothers whose babies would be better off without them.

Laury Oaks argues that the labeling of certain kinds of women as potential “bad” mothers who should consider anonymously giving up their newborns for adoption into a “loving” home should best be understood as an issue of reproductive justice. Safe haven discourses promote narrow images of who deserves to be a mother and reflect restrictive views on how we should treat women experiencing unwanted pregnancy.

Asked if the country was governed by a republic or a monarchy, Benjamin Franklin replied, “A republic, if you can keep it.”

Since its founding, Americans have worked hard to nurture and protect their hard-won democracy. And yet few consider the role of constitutional law in America’s survival. In Unfit for Democracy, Stephen Gottlieb argues that constitutional law without a focus on the future of democratic government is incoherent—illogical and contradictory. Approaching the decisions of the Roberts Court from political science, historical, comparative, and legal perspectives, Gottlieb highlights the dangers the court presents by neglecting to interpret the law with an eye towards preserving democracy.

A senior scholar of constitutional law, Gottlieb brings a pioneering will to his theoretical and comparative criticism of the Roberts Court. The Roberts Court decisions are not examined in a vacuum but instead viewed in light of constitutional politics in India, South Africa, emerging Eastern European nations, and others. While constitutional decisions abroad have contributed to both the breakdown and strengthening of democratic politics, decisions in the Roberts Court have aggravated the potential destabilizing factors in democratic governments. Ultimately, Unfit for Democracy calls for an interpretation of the Constitution that takes the future of democracy seriously. Gottlieb warns that the Roberts Court’s decisions have hurt ordinary Americans economically, politically, and in the criminal process. They have damaged the historic American melting pot, increased the risk of anti-democratic paramilitaries, and clouded the democratic future.

Answers the calls of grassroots communities pressing for integration and increased education funding with a complete rethinking of school discipline

In the era of zero tolerance, we are flooded with stories about schools issuing draconian punishments for relatively innocent behavior. One student was suspended for chewing a Pop-Tart into the shape of a gun. Another was expelled for cursing on social media from home. Suspension and expulsion rates have doubled over the past three decades as zero tolerance policies have become the normal response to a host of minor infractions that extend well beyond just drugs and weapons. Students from all demographic groups have suffered, but minority and special needs students have suffered the most. On average, middle and high schools suspend one out of four African American students at least once a year.

The effects of these policies are devastating. Just one suspension in the ninth grade doubles the likelihood that a student will drop out. Fifty percent of students who drop out are subsequently unemployed. Eighty percent of prisoners are high school drop outs. The risks associated with suspension and expulsion are so high that, as a practical matter, they amount to educational death penalties, not behavioral correction tools. Most important, punitive discipline policies undermine the quality of education that innocent bystanders receive as well—the exact opposite of what schools intend.

Derek Black, a former attorney with the Lawyers’ Committee for Civil Rights Under Law, weaves stories about individual students, lessons from social science, and the outcomes of courts cases to unearth a shockingly irrational system of punishment. While schools and legislatures have proven unable and unwilling to amend their failing policies, Ending Zero Tolerance argues for constitutional protections to check abuses in school discipline and lays out theories by which courts should re-engage to enforce students’ rights and support broader reforms.

The captivating story of how a diverse group of women, including Janet Reno and Ruth Bader Ginsburg, broke the glass ceiling and changed the modern legal profession

In Stories from Trailblazing Women Lawyers, award-winning legal historian Jill Norgren curates the oral histories of one hundred extraordinary American women lawyers who changed the profession of law. Many of these stories are being told for the first time. As adults these women were on the front lines fighting for access to law schools and good legal careers. They challenged established rules and broke the law’s glass ceiling.Norgren uses these interviews to describe the profound changes that began in the late 1960s, interweaving social and legal history with the women’s individual experiences.

In 1950, when many of the subjects of this book were children, the terms of engagement were clear: only a few women would be admitted each year to American law schools and after graduation their professional opportunities would never equal those open to similarly qualified men. Harvard Law School did not even begin to admit women until 1950. At many law schools, well into the 1970s, men told female students that they were taking a place that might be better used by a male student who would have a career, not babies.

In 2005 the American Bar Association’s Commission on Women in the Profession initiated a national oral history project named the Women Trailblazers in the Law initiative: One hundred outstanding senior women lawyers were asked to give their personal and professional histories in interviews conducted by younger colleagues. The interviews, made available to the author, permit these women to be written into history in their words, words that evoke pain as well as celebration, humor, and somber reflection. These are women attorneys who, in courtrooms, classrooms, government agencies, and NGOs have rattled the world with insistent and successful demands to reshape their profession and their society. They are women who brought nothing short of a revolution to the profession of law.

Winner, 2020 Best Book Award, Law Category, given by the American Book Fest

Examines immigration enforcement and discretion during the first eighteen months of the Trump administration

Within days of taking office, President Donald J. Trump published or announced changes to immigration law and policy. These changes have profoundly shaken the lives and well-being of immigrants and their families, many of whom have been here for decades, and affected the work of the attorneys and advocates who represent or are themselves part of the immigrant community. Banned examines the tool of discretion, or the choice a government has to protect, detain, or deport immigrants, and describes how the Trump administration has wielded this tool in creating and executing its immigration policy.

Banned combines personal interviews, immigration law, policy analysis, and case studies to answer the following questions: (1) what does immigration enforcement and discretion look like in the time of Trump? (2) who is affected by changes to immigration enforcement and discretion?; (3) how have individuals and families affected by immigration enforcement under President Trump changed their own perceptions about the future?; and (4) how do those informed about immigration enforcement and discretion describe the current state of affairs and perceive the future? Shoba Sivaprasad Wadhia pairs the contents of these interviews with a robust analysis of immigration enforcement and discretion during the first eighteen months of the Trump administration and offers recommendations for moving forward.

The story of immigration and the role immigrants play in the United States is significant. The government has the tools to treat those seeking admission, refuge, or opportunity in the United States humanely. Banned offers a passionate reminder of the responsibility we all have to protect America’s identity as a nation of immigrants.

Why are women still at a disadvantage in Chinese divorce courts?

Despite the increase of gender consciousness in Chinese society and a trove of legislation to protect women, why are Chinese women still disadvantaged in divorce courts? Xin He argues that institutional constraints to which judges are subject, a factor largely ignored by existing literature, play a crucial role. Twisting the divorce law practices are the bureaucratic incentives of courts and their political concerns for social stability. Because of these concerns, judges often choose the most efficient, and safest, way to handle issues in divorce cases. In so doing, they allow the forces of inequality in social, economic, cultural, and political areas to infiltrate their decisions. Divorce requests are delayed; domestic violence is trivialized; and women’s child custody is sacrificed. The institutional failure to enforce the laws has become a major obstacle to gender justice.

Divorce in China is the only study of Chinese divorce cases based on fieldwork and interviews conducted inside Chinese courtrooms over the course of a decade. With an unusual vantage point, Xin He offers a rare and unfiltered view of the operation of Chinese courts in the authoritarian regime. Through a socio-legal perspective highlighting the richness, sophistication, and cutting-edge nature of the research, Divorce in China is as much an account of Chinese courts in action as a social ethnography of China in the midst of momentous social change.

A user’s guide to understanding contemporary free speech issues in the United States

Americans today are confronted by a barrage of questions relating to their free speech freedoms. What are libel laws, and do they need to be changed to stop the press from lying? Does Colin Kaepernick have the right to take a knee? Can Saturday Night Live be punished for parody? While citizens are grappling with these questions, they generally have nowhere to turn to learn about the extent of their First Amendment rights.

The Fight for Free Speech answers this call with an accessible, engaging user’s guide to free speech. Media lawyer Ian Rosenberg distills the spectrum of free speech law down to ten critical issues. Each chapter in this book focuses on a contemporary free speech question—from student walkouts for gun safety to Samantha Bee’s expletives, from Nazis marching in Charlottesville to the muting of adult film star Stormy Daniels— and then identifies, unpacks, and explains the key Supreme Court case that provides the answers. Together these fascinating stories create a practical framework for understanding where our free speech protections originated and how they can develop in the future. As people on all sides of the political spectrum are demanding their right to speak and be heard, The Fight for Free Speech is a handbook for combating authoritarianism, protecting our democracy, and bringing an understanding of free speech law to all.

For more than half a century, the world community has sought to codify a series of fundamental precepts intended to prevent such abuses of human rights as torture, discrimination, starvation, and forced eviction. The United Nations, other international organizations, regional institutions, and governments have developed various procedures for protecting against and providing remedies for human rights violations.

International Human Rights Law is a comprehensive introductory treatise, intended for all concerned about this critical area of international law, including students, lawyers, other advocates, teachers, and academics. The book contains an overview of the development of human rights as a domain of international law; a collection of brief summaries of each of the rights specified in the Universal Declaration of Human Rights and other critical human rights instruments; and a review of the national, regional, and international procedures for implementing human rights precepts.

The overview traces the history of human rights, from early philosophical and religious ideas and theories of natural law to modern formulations. The second section provides concise summaries of the substantive principles of and practices relevant to self-determination, equality, life, slavery, torture, fair trial, detention, privacy, health, food, housing, and clothing, as well as emerging rights such as sustainable development, environmental health, peace, and security from terrorism. A final section describes UN human rights procedures (both Charter-based and treaty-based); criminal procedures; African, European, inter-American, and other regional systems; national institutions and processes, truth and reconciliation commissions, and nongovernmental organizations. Throughout, example cases are cited, and each chapter concludes with a list of the most useful print and web resources.

We live in an age where one person's judicial "activist" legislating from the bench is another's impartial arbiter fairly interpreting the law. After the Supreme Court ended the 2000 Presidential election with its decision in Bush v. Gore, many critics claimed that the justices had simply voted their political preferences. But Justice Clarence Thomas, among many others, disagreed and insisted that the Court had acted according to legal principle, stating: "I plead with you, that, whatever you do, don't try to apply the rules of the political world to this institution; they do not apply."

The legitimacy of our courts rests on their capacity to give broadly acceptable answers to controversial questions. Yet Americans are divided in their beliefs about whether our courts operate on unbiased legal principle or political interest. Comparing law to the practice of common courtesy, Keith Bybee explains how our courts not only survive under these suspicions of hypocrisy, but actually depend on them.

Law, like courtesy, furnishes a means of getting along. It frames disputes in collectively acceptable ways, and it is a habitual practice, drummed into the minds of citizens by popular culture and formal institutions. The rule of law, thus, is neither particularly fair nor free of paradoxical tensions, but it endures. Although pervasive public skepticism raises fears of judicial crisis and institutional collapse, such skepticism is also an expression of how our legal system ordinarily functions.

This groundbreaking book analyzes the decisions made by the United States circuit courts over the past half century. These courts have a profound impact on the law—they issue many more decisions in many more areas of law than the Supreme Court. Cross demonstrates that while the courts' judges are influenced by ideology and by the appointing president, legal requirements exercise a much stronger influence on their decisions. He also shows that these courts are independent of the other branches of government and free from undue influence of various parties. The book further introduces new research on the precedent-setting power of decisions.

Are innovation and creativity helped or hindered by our intellectual property laws? In the two hundred plus years since the Constitution enshrined protections for those who create and innovate, we're still debating the merits of IP laws and whether or not they actually work as intended. Artists, scientists, businesses, and the lawyers who serve them, as well as the Americans who benefit from their creations all still wonder: what facilitates innovation and creativity in our digital age? And what role, if any, do our intellectual property laws play in the growth of innovation and creativity in the United States?

Incentivizing the "progress of science and the useful arts" has been the goal of intellectual property law since our constitutional beginnings. The Eureka Myth cuts through the current debates and goes straight to the source: the artists and innovators themselves. Silbey makes sense of the intersections between intellectual property law and creative and innovative activity by centering on the stories told by artists, scientists, their employers, lawyers and managers, describing how and why they create and innovate and whether or how IP law plays a role in their activities. Their employers, business partners, managers, and lawyers also describe their role in facilitating the creative and innovative work. Silbey's connections and distinctions made between the stories and statutes serve to inform present and future innovative and creative communities.

Breaking new ground in its examination of the U.S. economy and cultural identity, The Eureka Myth draws out new and surprising conclusions about the sometimes misinterpreted relationships between creativity and intellectual property protections.

The felony murder doctrine is one of the most widely criticized features of American criminal law. Legal scholars almost unanimously condemn it as irrational, concluding that it imposes punishment without fault and presumes guilt without proof. Despite this, the law persists in almost every U.S. jurisdiction.

Felony Murder is the first book on this controversial legal doctrine. It shows that felony murder liability rests on a simple and powerful idea: that the guilt incurred in attacking or endangering others depends on one's reasons for doing so. Inflicting harm is wrong, and doing so for a bad motive—such as robbery, rape, or arson—aggravates that wrong. In presenting this idea, Guyora Binder criticizes prevailing academic theories of criminal intent for trying to purge criminal law of moral judgment. Ultimately, Binder shows that felony murder law has been and should remain limited by its justifying aims.

The Expanding Spaces of Law presents readers with cutting-edge scholarship in legal geography. An invaluable resource for those new to this line of scholarship, the book also pushes the boundaries of legal geography, reinvigorating previous modes of inquiry and investigating new directions. It guides scholars interested in the law–space–power nexus to underexplored empirical sites and to novel theoretical and disciplinary resources. Finally, The Expanding Spaces of Law asks readers to think about the temporality and dynamism of legal spaces.

Societies have long sought security by identifying potentially dangerous individuals in their midst. America is surely no exception. Knowledge as Power traces the evolution of a modern technique that has come to enjoy nationwide popularity—criminal registration laws. Registration, which originated in the 1930s as a means of monitoring gangsters, went largely unused for decades before experiencing a dramatic resurgence in the 1990s. Since then it has been complemented by community notification laws which, like the "Wanted" posters of the Frontier West, publicly disclose registrants' identifying information, involving entire communities in the criminal monitoring process.

Knowledge as Power provides the first in-depth history and analysis of criminal registration and community notification laws, examining the potent forces driving their rapid nationwide proliferation in the 1990s through today, as well as exploring how the laws have affected the nation's law, society, and governance. In doing so, the book provides compelling insights into the manifold ways in which registration and notification reflect and influence life in modern America.

This law and society reader taps a rich and diverse literature to compare and contrast the legal experience of many different cultures and nations. Drawing on a variety of methodological approaches, the selections allow students to evaluate whether there are general patterns that explain how legal systems work (or fail to work) and how these patterns relate to the structural and cultural facts of society.

Every country, of course, has its own legal system, and no two systems are the same. But in teaching law and society, texts have focused nearly exclusively on American readings to the neglect of comparative and international work. This reader fills an obvious gap. It recognizes that law is increasingly global and cross-national, and shows how law relates to society in different times and places, the world over.

Taming the Electoral College explores poorly understood aspects of the electoral college, including two possibilities in particular that could pose the most serious danger for American democracy. These are, first, determination of the president by "faithless electors" who ignore the popular vote in their states, and, second, choice of the president in the House of Representatives, which is required if no electoral college majority votes in favor of a single candidate. In any given election, neither of these outcomes is likely, but the 2000 election showed that we would do well to take both of them seriously and take action now to prevent them from occurring. Both possibilities could be dealt with by constitutional amendment, but amendment is difficult to achieve, particularly as it bears on the electoral college process. This engaging book instead offers nonconstitutional solutions to the two possibilities, as well as to a variety of other problems that lurk in the shadows of the electoral college process. It also offers a way to work toward popular election of the president without a constitutional amendment.

In What's Law Got to Do With It?, the nation's top legal scholars and political scientists examine to what extent the law actually shapes how judges behave and make decisions, and what it means for society at large.

Although there is a growing consensus among legal scholars and political scientists, significant points of divergence remain. Contributors to this book explore ways to reach greater accord on the complexity and nuance of judicial decisionmaking and judicial elections, while acknowledging that agreement on what judges do is not likely to occur any time soon.

As the first forum in which political scientists and legal scholars engage with one another on these hot button issues, this volume strives to establish a true interdisciplinary conversation. The inclusion of reactions from practicing judges puts into high relief the deep-seated and opposing beliefs about the roles of law and politics in judicial work.

Since 1979, China has been building new legal institutions made necessary by economic reforms that have reduced the role of state planning, and by the decline of Maoist totalitarianism. This book analyzes the principal legal institutions that have emerged and assesses the prospects for increasing the rule of law in China.

The book first establishes the cultural and institutional context in which legal reforms take place. It traces the main features of pre-Communist Chinese legal tradition, the drastic impact on law of thirty years of Maoist rule, and the extensive changes throughout Chinese society since Mao’s death, notably the rise of the local party-state at the expense of central government power. The book’s analysis begins with the Chinese leadership’s policy toward law, identifying basic ambivalence toward law that makes the Chinese commitment to legality incomplete. It then surveys major developments, emphasizing the creation of new rights, revision of criminal law and procedure, and construction of a nascent administrative law.

The book then examines in detail dispute resolution by extrajudicial mediation and the courts. Although mediation is no longer infused with Maoism, it is still used as an instrument to maintain public order. The study of the courts examines court organization, the selection and training of judges, the rise of litigation, the critical influence of localism, and ongoing conflicts between professionalism and a continuing tendency to view the judge as a soldier of the state. The author suggests that the limited role that Chinese courts are today permitted to play combines with the organization of the judicial process and the mentality of the judiciary to make Chinese adjudication more akin to bureaucratic decision making than judging in the West.

How should the accomplishments of legal reform and the continuing obstacles to further reform affect U.S. policy toward China? The book concludes by appraising implications for U.S. policy on such issues as human rights, Chinese involvement with the World Trade Organization, and bilateral relations generally. The author argues that U.S. policy makers must neither moralize about the rule of law nor dismiss it as a concept alien to China. They must also curb both optimism and expectations that legal reform will lead to political reform. Chinese law can only grow slowly, no matter how urgently the West may desire quick progress.

Marc Galanter's seminal work, "Why the 'Haves' Come Out Ahead," is among the most well-cited law review articles of all time. With his distinction between experienced "repeat players" and inexperienced "one shotters" in the U.S. judicial system, Galanter established a clear and predictable model of how the structure of our legal system and one's frequency of interaction with it influence the outcomes of cases.

This book collects the original paper and ten contemporary articles about Galanter's theory in a single volume. The articles, which present new research results and synthesize work done over the past few decades, examine the lasting influence and continued importance of this groundbreaking work. In Litigation provides a thorough presentation of the most durable theory explaining litigation and legal participation that sociolegal scholarship has produced.

Voting rights are a perennial topic in American politics. Recent elections and the Supreme Court's decision in Shelby County v. Holder, which struck down key enforcement provisions in the Voting Rights Act (VRA), have only placed further emphasis on the debate over voter disenfranchaisement. Over the past five decades, both Democrats and Republicans in Congress have consistently voted to expand the protections offered to vulnerable voters by the Voting Rights Act. And yet, the administration of the VRA has become more fragmented and judicial interpretation of its terms has become much less generous. Why have Republicans consistently adopted administrative and judicial decisions that undermine legislation they repeatedly endorse?

Ballot Blocked shows how the divergent trajectories of legislation, administration, and judicial interpretation in voting rights policymaking derive largely from efforts by conservative politicians to narrow the scope of federal enforcement while at the same time preserving their public reputations as supporters of racial equality and minority voting rights. Jesse H. Rhodes argues that conservatives adopt a paradoxical strategy in which they acquiesce to expansive voting rights protections in Congress (where decisions are visible and easily traceable) while simultaneously narrowing the scope of federal enforcement via administrative and judicial maneuvers (which are less visible and harder to trace). Over time, the repeated execution of this strategy has enabled a conservative Supreme Court to exercise preponderant influence over the scope of federal enforcement.

This book is the first formal, empirical investigation into the law faculty experience using a distinctly intersectional lens, examining both the personal and professional lives of law faculty members.

Comparing the professional and personal experiences of women of color professors with white women, white men, and men of color faculty from assistant professor through dean emeritus, Unequal Profession explores how the race and gender of individual legal academics affects not only their individual and collective experience, but also legal education as a whole. Drawing on quantitative and qualitative empirical data, Meera E. Deo reveals how race and gender intersect to create profound implications for women of color law faculty members, presenting unique challenges as well as opportunities to improve educational and professional outcomes in legal education. Deo shares the powerful stories of law faculty who find themselves confronting intersectional discrimination and implicit bias in the form of silencing, mansplaining, and the presumption of incompetence, to name a few. Through hiring, teaching, colleague interaction, and tenure and promotion, Deo brings the experiences of diverse faculty to life and proposes a number of mechanisms to increase diversity within legal academia and to improve the experience of all faculty members.

You can't copyright facts, but is news a category unto itself? Without legal protection for the "ownership" of news, what incentive does a news organization have to invest in producing quality journalism that serves the public good? This book explores the intertwined histories of journalism and copyright law in the United States and Great Britain, revealing how shifts in technology, government policy, and publishing strategy have shaped the media landscape.

Publishers have long sought to treat news as exclusive to protect their investments against copying or "free riding." But over the centuries, arguments about the vital role of newspapers and the need for information to circulate have made it difficult to defend property rights in news. Beginning with the earliest printed news publications and ending with the Internet, Will Slauter traces these countervailing trends, offering a fresh perspective on debates about copyright and efforts to control the flow of news.

Social justice and human rights movements are entering a new phase. Social media, artificial intelligence, and digital forensics are reshaping advocacy and compliance. Technicians, lawmakers, and advocates, sometimes in collaboration with the private sector, have increasingly gravitated toward the possibilities and dangers inherent in the nonhuman. #HumanRights examines how new technologies interact with older models of rights claiming and communication, influencing and reshaping the modern-day pursuit of justice.

Ronald Niezen argues that the impacts of information technologies on human rights are not found through an exclusive focus on sophisticated, expert-driven forms of data management but in considering how these technologies are interacting with other, "traditional" forms of media to produce new avenues of expression, public sympathy, redress of grievances, and sources of the self. Niezen considers various ways that the pursuit of justice is happening via new technologies, including crowdsourcing, social media–facilitated mobilizations (and enclosures), WhatsApp activist networks, and the selective attention of Google's search engine algorithm. He uncovers how emerging technologies of data management and social media influence the ways that human rights claimants and their allies pursue justice, and the "new victimology" that prioritizes and represents strategic lives and types of violence over others. #HumanRights paints a striking and important panoramic picture of the contest between authoritarianism and the new tools by which people attempt to leverage human rights and bring the powerful to account.

Born into a tenant farming family in North Carolina in 1946, Mary Louise, Mary Ann, Mary Alice, and Mary Catherine were medical miracles. Annie Mae Fultz, a Black-Cherokee woman who lost her ability to hear and speak in childhood, became the mother of America's first surviving set of identical quadruplets. They were instant celebrities. Their White doctor named them after his own family members. He sold the rights to use the sisters for marketing purposes to the highest-bidding formula company. The girls lived in poverty, while Pet Milk's profits from a previously untapped market of Black families skyrocketed.

Over half a century later, baby formula is a seventy-billion-dollar industry and Black mothers have the lowest breastfeeding rates in the country. Since slavery, legal, political, and societal factors have routinely denied Black women the ability to choose how to feed their babies. In Skimmed, Andrea Freeman tells the riveting story of the Fultz quadruplets while uncovering how feeding America's youngest citizens is awash in social, legal, and cultural inequalities. This book highlights the making of a modern public health crisis, the four extraordinary girls whose stories encapsulate a nationwide injustice, and how we can fight for a healthier future.

A unique investigation into how alliances form in highly polarized times among LGBTQ, immigrant, and labor rights activists, revealing the impacts within each rights movement.

Queer Alliances investigates coalition formation among LGBTQ, immigrant, and labor rights activists in the United States, revealing how these new alliances impact political movement formation.

In the early 2000s, the LGBTQ and immigrant rights movements operated separately from and, sometimes, in a hostile manner towards each other. Since 2008, by contrast, major alliances have formed at the national and state level across these communities. Yet, this new coalition formation came at a cost. Today, coalitions across these communities have been largely reluctant to address issues of police brutality, mass incarceration, economic inequality, and the ruthless immigrant regulatory complex. Queer Alliances examines the extent to which grassroots groups bridged historic divisions based on race, gender, class, and immigration status through the development of coalitions, looking specifically at coalition building around expanding LGBTQ rights in Washington State and immigrant and migrant rights in Arizona. Erin Mayo-Adam traces the evolution of political movement formation in each state, and shows that while the movements expanded, they simultaneously ossified around goals that matter to the most advantaged segments of their respective communities.

Through a detailed, multi-method study that involves archival research and in-depth interviews with organization leaders and advocates, Queer Alliances centers local, coalition-based mobilization across and within multiple movements rather than national campaigns and court cases that often occur at the end of movement formation. Mayo-Adam argues that the construction of common political movement narratives and a shared core of opponents can help to explain the paradoxical effects of coalition formation. On the one hand, the development of shared political movement narratives and common opponents can expand movements in some contexts. On the other hand, the episodic nature of rights-based campaigns can simultaneously contain and undermine movement expansion, reinforcing movement divisions. Mayo-Adam reveals the extent to which inter- and intra-movement coalitions, formed to win rights or thwart rights losses, represent and serve intersectionally marginalized communities—who are often absent from contemporary accounts of social movement formation.

This groundbreaking book investigates the emergence and evolution of the organ trade across North Africa and Europe. Seán Columb illuminates the voices and perspectives of organ sellers and brokers to demonstrate how crime and immigration controls produce circumstances where the business of selling organs has become a feature of economic survival.

Drawing on the experiences of African migrants, Trading Life brings together five years of fieldwork charting the development of the organ trade from an informal economic activity into a structured criminal network operating within and between Egypt, Libya, Sudan, Eritrea, and Europe. Ground-level analysis provides new insight into the operation of organ trading networks and the impact of current legal and policy measures in response to the organ trade. Columb reveals how investing financial and administrative resources into law enforcement and border securitization at the expense of social services has led to the convergence of illicit smuggling and organ trading networks and the development of organized crime.

Trading Life delivers a powerful and grounded analysis of how economic pressures and the demands of survival force people into exploitative arrangements, like selling a kidney, that they would otherwise avoid. This fascinating and accessible book is a must-read for anyone interested in migration, organized crime, and exploitation.

In Copy This Book!, Paul J. Heald draws on a vast knowledge of copyright scholarship and a deep sense of irony to explain what's gone wrong with copyright in the twenty-first century. Distilling extensive empirical data to clearly show the implications of copyright laws and doctrine for public welfare, he illustrates his findings with lighthearted references to familiar (and obscure) works and their creators (and sometimes their creators' oddball relations). Among the questions he tackles: How does copyright deter composers from writing new songs? Why are so many famous photographs unprotected orphans, and how does Getty Images get away with licensing them? What can the use of music in movies tell us about the proper length of the copyright term? How do publishers get away with claiming rights in public domain works and extracting unmerited royalties from the public? Heald translates piles of data, complex laws, and mysterious economics, equipping readers with the tools for judging past and future copyright law.

Women war criminals are far more common than we think. From the Holocaust to ethnic cleansing in the Balkans to the Rwandan genocide, women have perpetrated heinous crimes. Few have been punished. These women go unnoticed because their very existence challenges our assumptions about war and about women. Biases about women as peaceful and innocent prevent us from "seeing" women as war criminals—and prevent postconflict justice systems from assigning women blame.

Women as War Criminals argues that women are just as capable as men of committing war crimes and crimes against humanity. In addition to unsettling assumptions about women as agents of peace and reconciliation, the book highlights the gendered dynamics of law, and demonstrates that women are adept at using gender instrumentally to fight for better conditions and reduced sentences when war ends.

The book presents the legal cases of four women: the President (Biljana Plavšić), the Minister (Pauline Nyiramasuhuko), the Soldier (Lynndie England), and the Student (Hoda Muthana). Each woman's complex identity influenced her treatment by legal systems and her ability to mount a gendered defense before the court. Justice, as Steflja and Trisko Darden show, is not blind to gender.

With a history marked by incompetence, political maneuvering, and secrecy, America's "most humane" execution method is anything but.

From the beginning of the Republic, this country has struggled to reconcile its use of capital punishment with the Constitution's prohibition of cruel punishment. Death penalty proponents argue both that it is justifiable as a response to particularly heinous crimes, and that it serves to deter others from committing them in the future. However, since the earliest executions, abolitionists have fought against this state-sanctioned killing, arguing, among other things, that the methods of execution have frequently been just as gruesome as the crimes meriting their use. Lethal injection was first introduced in order to quell such objections, but, as Austin Sarat shows in this brief history, its supporters' commitment to painless and humane death has never been certain.

This book tells the story of lethal injection's earliest iterations in the United States, starting with New York state's rejection of that execution method almost a century and half ago. Sarat recounts lethal injection's return in the late 1970s, and offers novel and insightful scrutiny of the new drug protocols that went into effect between 2010 and 2020. Drawing on rare data, he makes the case that lethal injections during this time only became more unreliable, inefficient, and more frequently botched. Beyond his stirring narrative history, Sarat mounts a comprehensive condemnation of the state-level maneuvering in response to such mishaps, whereby death penalty states adopted secrecy statutes and adjusted their execution protocols to make it harder to identify and observe lethal injection's flaws.

What was once touted as America's most humane execution method is now its most unreliable one. What was once a model of efficiency in the grim business of state killing is now marked by mayhem. The book concludes by critically examining the place of lethal injection, and the death penalty writ large, today.

Women as Wartime Rapists reveals the stories of female perpetrators of sexual violence and their place in wartime conflict, legal policy, and the punishment of sexual violence.

Very few women are wartime rapists. Very few women issue commands to commit sexual violence. Very few women play a role in making war plans that feature the intentional sexual violation of other women. This book is about those very few women. More broadly, Laura Sjoberg asks, what do the actions and perceptions of female perpetrators of sexual violence reveal about our broader conceptions of war, violence, sexual assault, and gender?

This book explores specific historical case studies, such as Nazi Germany, Serbia, the contemporary case of ISIS, and others, to understand how and why women participate in rape during war and conflict. Sjoberg examines the contrast between the visibility of female victims and the invisibility of female perpetrators, as well as the distinction between rape and genocidal rape, which is used as a weapon against a particular ethnic or national group. Further, she explores women’s engagement with genocidal rape and how some orchestrated the ethnic cleansing of entire regions. A provocative approach to a sensationalized topic, Women as Wartime Rapists offers important insights into not only the topic of female perpetrators of wartime sexual violence, but to larger notions of gender and violence with crucial cultural, legal, and political implications.

Nancy Leong reveals how powerful people and institutions use diversity to their own advantage and how the rest of us can respond—and do better.

Why do people accused of racism defend themselves by pointing to their black friends? Why do men accused of sexism inevitably talk about how they love their wife and daughters? Why do colleges and corporations alike photoshop people of color into their websites and promotional materials? And why do companies selling everything from cereal to sneakers go out of their way to include a token woman or person of color in their advertisements?

In this groundbreaking book, Nancy Leong coins the term "identity capitalist" to label the powerful insiders who eke out social and economic value from people of color, women, LGBTQ people, the poor, and other outgroups. Leong deftly uncovers the rules that govern a system in which all Americans must survive: the identity marketplace. She contends that the national preoccupation with diversity has, counterintuitively, allowed identity capitalists to infiltrate the legal system, educational institutions, the workplace, and the media. Using examples from law to literature, from politics to pop culture, Leong takes readers on a journey through the hidden agendas and surprising incentives of various ingroup actors. She also uncovers a dire dilemma for outgroup members: do they play along and let their identity be used by others, or do they protest and risk the wrath of the powerful?

Arming readers with the tools to recognize and mitigate the harms of exploitation, Identity Capitalists reveals what happens when we prioritize diversity over equality.

The book provides students of European company law courses, scholars and practitioners with an overview. Although company law remains mainly regulated at the level of national laws, it has become important to obtain a systematic view of the main directives in the field of company law, the EU Court of Justice’s jurisprudence, the European Model Company Act and the state of implementation of these directives in the member states of the Union.

The book therefore contains, in addition to the illustration of the law laid down by EU legislative bodies and the related soft laws, detailed references to the most important domestic legislations and case laws, in order to make them known and usable as much as possible.

Moreover, the book allows identifying the most relevant current legislative trends and the main historical reasons for divergences.

Family law is a site of social conflict and the erasure of non-traditional families. This book explores how conservative religious and progressive queer groups can cooperatively work together to expand family law’s recognition beyond the traditional state-sponsored family. Various religious groups have shown an interest in promoting alternative family structures.

For example, certain Muslim and Mormon communities have advocated for polygamy, in the process aligning with queer groups’ interest in overcoming the engrafting of monogamy into state law. Advocacy by North American religious conservatives for reforms in favor of non-conjugal families and against same-sex marriage overlaps with certain queer efforts to legitimize friendships and non-traditional families more generally.

This book explores these potential areas of queer and religious political cooperation—including limitations and principled reservations to such cooperation. It then looks at additional future arenas of queer and religious political cooperation going beyond family law.

Ultimately, this book aims to locate and systematize seemingly isolated interest convergences between queer and religious groups into a coherent theoretical framework that can also be used on the ground in political work. In challenging dominant narratives of ‘culture wars,’ the book’s analysis is timely and in line with the need to prevent the escalation of social cleavages looming over our increasingly diverse societies. 

Shines a light on the emerging field of law dedicated to responding to and resolving the crises of the twenty-first century

In an increasingly globalized world, a complex and interlocking web of nations, governments, non-state actors, laws, and rules affect human behavior. When crisis hits—whether that be extrajudicial detention, unprompted deportation, pandemics, or natural disasters—lawyers are increasingly among the first responders, equipped with the knowledge necessary to navigate the regulations of this ever more complex world.

Crisis Lawyering explores this phenomenon and attempts to identify and define what it means to engage in the practice of law in crisis situations. In so doing, it hopes to sketch out the contours of the emerging field of crisis lawyering. Contributors to this volume explore cases surrounding domestic violence; dealing with immigrants in detention and banned from travel; policing in Ferguson, Missouri; the kidnapping of journalists; and climate change, among other crises. Their analysis not only serves as guidance to lawyers in such situations, but also helps others who deal with crises understand those crises—and the role of lawyers in them—better so that they may respond to them more effectively, efficiently, collaboratively and creatively.

Crisis Lawyering shines a light on the emerging field of law dedicated to responding to and resolving the complex crises of the twenty-first century.

Explores the burgeoning menstrual advocacy movement and analyzes how law should evolve to take menstruation into account.

Approximately half the population menstruates for a large portion of their lives, but the law is mostly silent about the topic. Until recently, most people would have said that periods are private matters not to be discussed in public. But the last few years have seen a new willingness among advocates and allies of all ages to speak openly about periods. Slowly around the globe, people are recognizing the basic fundamental human right to address menstruation in a safe and affordable way, free of stigma, shame, or barriers to access.

Menstruation Matters explores the role of law in this movement. It asks what the law currently says about menstruation (spoiler alert: not much) and provides a roadmap for legal reform that can move society closer to a world where no one is held back or disadvantaged by menstruation. Bridget J. Crawford and Emily Gold Waldman examine these issues in a wide range of contexts, from schools to workplaces to prisons to tax policies and more. Ultimately, they seek to transform both law and society so that menstruation is no longer an obstacle to full participation in all aspects of public and private life.

International efforts to ensure that armed forces meet the requirements of IHL so that the protection of civilians and detainees in armed conflict is increased continue to face implementation challenges that compromise their effectiveness. This includes, for example, the operations of the International Criminal Court, or the nascent norm of Responsibility to Protect. Relying on initiatives such as these also means that before pressure can be brought to bear on those who violate IHL, irreparable damage is done to victims’ lives and dignity. 

At the same time, the ICRC has grown to recognize that its traditional approach of informing militaries about IHL and emphasizing the incorporation of IHL principles into military policies, doctrines, and educational and training curricula, while healthy measures, are not by themselves sufficient to keep soldiers from not complying with IHL and injuring or killing civilians and detainees. Importantly, this recognition has been driven by empirical data on IHL training effectiveness, and it has been coupled with an understanding that soldiers need to internalize IHL principles to ensure they comply with them. The ICRC has realized that the role played by military leaders, both officers and NCOs, in establishing a sense of positive military identity and professionalism can lead to the development of a values-oriented culture that includes IHL compliance.

Using case studies of empirical assessment in IHL and IHL-related training, as they have occurred over the last 20 years, this book illustrates for military leaders and both civilian and military IHL instructors the many different ways empirical assessment can be used to measure training effectiveness long before troops take to the field. The results of these assessments can also be used to support the deliberate creation of better IHL training curricula and programs, especially ones that emphasize the importance of relying on multidisciplinary teams supporting military leaders as they directly engage with their troops on the ethical and moral issues as well as the legal issues raised by armed conflict. This book also looks to the future and considers the potential of war video games to serve as an effective training platform for young soldiers.

Explores the global landscape of abortion law reform

In many countries, barriers to abortion access—legal, cultural, or practical—have been dismantled in places as diverse as Mexico, Kenya, Thailand, and Ireland. Yet, in a few countries—the United States and Poland to name two—obstacles to abortion abound. Why? Why do some countries find abortion access a publicly polarizing issue and others a relatively uncontroversial health and family decision? Why has abortion access been a rallying point for progressive political organizing and, in others, the site of democratic backsliding?

In Accessing Abortion, expert academics and lawyers look to countries that have passed permissive abortion laws to make visible how legislation both settled and stirred conflict in politically-divided environments. By comparing the process of enacting laws in these countries, the volume spotlights current social mobilization for and against abortion rights. At the same time, the volume assesses how these varied and comparative national developments unfolded in an international and transnational context where the floor of what countries can do is set by international human rights norms. Ultimately, this collection aims to show how law and public policy functions to facilitate both permissive and restrictive abortion law reform, and how that reform then changes the delivery of abortion services. Providing a sustained comparative analysis of the costs and benefits of legislating and/or judicializing abortion rights across the globe, Accessing Abortion assesses what is missing from contemporary conversations on reproductive justice.

A clear and comprehensive overview of presidential impeachment from a leading expert in the field

As a result of Donald Trump’s presidency, impeachment was once again thrust into the spotlight of American political discussion. However, its history goes back to the very founding of the nation, when American colonists, remembering their grievances against their former king, entrenched the process in their new Constitution.

The Law of Presidential Impeachment breaks down both the law and politics of this process, providing a comprehensive, nonpartisan, and up-to-date explanation of the Constitution’s various mechanisms for holding presidents accountable for their misdeeds. Based on a lifetime of scholarly research, as well as unique experience as a witness and consultant in the impeachment trials of Bill Clinton and Donald Trump, Michael J. Gerhardt’s new book takes the reader back to the basics of presidential impeachments. Rather than provide reasons for or against impeaching particular presidents, he explains the law and procedures that govern impeachment, examining a number of significant, yet under-explored, issues and themes. Gerhardt offers new perspectives on the subject, arguing that it cannot be properly understood in a vacuum, but must instead be viewed in the context of its coordination with such other mechanisms as criminal prosecutions, censure, elections, congressional oversight, and the Fourteenth and Twenty-Fifth Amendments.

The Law of Presidential Impeachment will be an invaluable, accessible guide for future generations, giving them a succinct yet remarkably nuanced understanding of this core aspect of our executive branch and overarching governmental system.

Explores the critical role that American lawyers have played since the nation’s founding and what the future holds for the profession

The American legal profession faces significant challenges: the changing nature of work in the wake of the COVID-19 pandemic; calls for greater racial and gender justice; threats to democracy; the inaccessibility of legal services for the majority of Americans; the risk of obsolescence owing to the emergence of new technologies; and the disaffection many lawyers feel toward their work.

Ambitious in its scope yet straightforward in its approach, Lawyer Nation seeks to address these crises by offering a path forward for the legal profession. Ray Brescia provides concrete ideas for transforming law into a field whose services are accessible, egalitarian, and viable in the long term. Further, he addresses how the profession can improve so that the health of its practitioners is not compromised in the process. If the legal profession does not respond to its crises in an effective way, he argues, the dysfunction and unfairness plaguing the legal world will deepen. This is an unprecedented opportunity for the world of law to reimagine its future in way that honors its highest ideals: preserving the rule of law, protecting individual liberty, and addressing social inequality in all of its forms.

Centers families of color in family law, revealing their pivotal role in shaping justice, equality, and social change and how their perspectives reframes the scope of family law

Centering Families of Color argues for the reframing of how we define “family law.” Centering the voices and perspectives of families of color, it expands and contextualizes how the law functions in relation to families. It exposes the impact of structural inequalities as they differentially and hierarchically impact families. This groundbreaking volume thus reorients how we think of family law, offering the experiences of families of color as critical to both the diagnoses and solutions for structural inequality.

While conventional treatment of families of color marginalizes their role socially and politically as add-ons, this volume centers them as essential. Leading scholars across disciplinary groups unearth and expose the hidden norms of family law, identify the critical history of how the law impacts families of color, and detail their dynamic contributions to social transformation. Families of color offer affirmative, resilient strategies for social justice and reform.

At a time of diversity among families and dramatic changes in the pattern of life, this volume provides a critical examination of the legal structures that impact families from the much-needed perspective of families of color. Centering Families of Color showcases how families of color are central to understanding what family is and how families interact with the law.

Explores the diverse applications of narrative in law beyond the courtroom, from client-lawyer interactions to legal decisions

Once regarded by law professors as serving an ornamental purpose in legal argumentation, narrative has gained an increasingly prominent role in legal scholarship. Yet while scholars have examined the many functions and effects of narrative in legal decisions, courtroom arguments, and the stories we tell about the law, research on law and narrative has generally limited its focus to the most overtly noticeable place for narrative in legal writing—the factual material presented in trials.

Law, Narrative, Narratology explores legal narrative in a variety of contexts, including pre-trial litigation, trial argument-framing, legal decisions, human rights law, media reports on court cases, and work advocating for legal change. Taking a comparative approach to the intersections of law, narrative, and narratology, contributors consider various “narrators” of law to make sense of areas of legal argumentation beyond the current scope of narratological-legal research. By examining topics ranging from the distinction between a story’s narrative and its discourse, to the use of narrative perspective, the essays in this volume illuminate the techniques legal actors use to craft stories, as well as the narrative arcs their interlocutors inhabit.

Editors Greta Olson and Simon Stern have cultivated a collection of essays by global legal and narrative scholars, allowing the volume and its contributors to assess an array of narratological issues across national and international boundaries, and civil and criminal law contexts. Offering a fresh analysis of narrative’s uses in the law, Law, Narrative, and Narratology provides a needed expansion of the study of narrative across the justice system.

Die Textsammlung enthält den Kernbestand des EU-Privat- und Wirtschaftsrechts in einem Band. Der Fokus liegt auf den drei großen Gebieten Schuld-, Arbeits- und Unternehmensrecht. Neu aufgenommen sind die wesentlichen Rechtsakte im Bereich Digitales und Nachhaltigkeit, wie z.B. die KI-VO sowie die CSRD II, CSDDD und die Taxonomie-VO.

The award-winning “radically original” (The Atlantic) restorative justice leader, whose work the Washington Post has called “totally sensible and totally revolutionary,” grapples with the problem of violent crime in the movement for prison abolition

A National Book Foundation Literature for Justice honoree

A Kirkus “Best Book of 2019 to Fight Racism and Xenophobia”

Winner of the National Association of Community and Restorative Justice Journalism Award

Finalist for the Goddard Riverside Stephan Russo Book Prize for Social Justice

In a book Democracy Now! calls a “complete overhaul of the way we’ve been taught to think about crime, punishment, and justice,” Danielle Sered, the executive director of Common Justice and renowned expert on violence, offers pragmatic solutions that take the place of prison, meeting the needs of survivors and creating pathways for people who have committed violence to repair harm. Critically, Sered argues that reckoning is owed not only on the part of individuals who have caused violence, but also by our nation for its overreliance on incarceration to produce safety—at a great cost to communities, survivors, racial equity, and the very fabric of our democracy.

Although over half the people incarcerated in America today have committed violent offenses, the focus of reformers has been almost entirely on nonviolent and drug offenses. Called “innovative” and “truly remarkable” by The Atlantic and “a top-notch entry into the burgeoning incarceration debate” by Kirkus Reviews, Sered’s Until We Reckon argues with searing force and clarity that our communities are safer the less we rely on prisons and jails as a solution for wrongdoing.

Sered asks us to reconsider the purposes of incarceration and argues persuasively that the needs of survivors of violent crime are better met by asking people who commit violence to accept responsibility for their actions and make amends in ways that are meaningful to those they have hurt—none of which happens in the context of a criminal trial or a prison sentence.

The shocking story of the judges who were found guilty in federal court of engaging in a criminal conspiracy to send thousands of kids to a for-profit juvenile detention facility in exchange for cash payments—and who were finally ordered to pay hundreds of millions in damages to the victims of their scheme

From the Pulitzer Prize–winning Philadelphia Inquirer reporter William Ecenbarger comes the exposé of a shocking scandal that ruined thousands of young lives. As the Boston Globe wrote, “the story is incredible: thousands of children wrongfully sentenced to juvenile detention centers, many without legal representation and after cursory hearings, by two rogue judges in northern Pennsylvania who received millions of dollars in bribes from the private institutions’ owners.” The story has all the elements of a true-crime legal thriller—mafia connections, colorful characters, corruption—and was made into a documentary of the same title released in theaters in 2014. But the survivors of the harrowing ordeal have finally gotten some justice: in August 2022, it was ordered that the disgraced judges must pay hundreds of millions of dollars in compensatory and punitive damages to the victims.

When it was first released, Kids for Cash brought the story to national attention, where it has stayed ever since. As the Philadelphia Inquirer pointed out, this is the “worst stain on Pennsylvania, a state with more than its share of stains. . . . Ecenbarger offers a detail-packed, sickening account of the scandal and its impact. Anyone caring about courts, justice, or children should read it.”