Law

The newly adopted World Intellectual Property Organization (WIPO) Development Agenda presents a real opportunity to revolutionize the international governance of intellectual property law and policy. The litmus test for its success, however, will be if and how the agenda is implemented in practice. This edited collection brings together a series of incisive essays written by leading thinkers from emerging economies, Canada, and elsewhere to develop concrete strategies for implementing the agenda.
The essays cover a range of fundamental issues surrounding the agenda and examine its recommendations from multidisciplinary and multi-regional perspectives. Several essays explore the role of WIPO and its member states in steering the direction of future reform as well as potential approaches to achieve this goal. Other contributions examine specific recommendations on WIPO’s activities within the broader context of development.
This volume will be a useful source of reference for informed but non-expert readers, including government officials and delegates at international and “capital” levels, leaders of the international business community, individuals in inter- and non-governmental organizations, and scholars in the fields of law and international governance.
Co-published with the International Development Research Centre and the Centre for International Governance Innovation

How is modern-day thinking about crime different from that of previous centuries? What are the similarities and differences in attitudes and systems between the civil and common law societies of Europe and North America? These and other questions were addressed at an international conference on crime and criminal justice at The University of Calgary attended by historians, professors of law, judges, and criminologists.

The essays in Part I consider the evolution of criminal law doctrine, and those in Part II analyse the theory and measurement of crime in the past and at present. Parts III and IV examine the courts and prosecution, and Part V assesses the historical roots of the insanity defence and the theory and practice of punishment. The volume will be of interest, across national boundaries, to historians, sociologists, social workers, lawyers, and persons involved in the administration of justice as well as the general reader concerned about civil rights, social values, and justice. The eighteen contributors include F.H. Baker, J.M. Beattie, W.A. Calder, T.C. Curtis, D. Hay, H. Diederiks, A. Lachance, His Honour W.G. Morrow, A. Soman, and S. Verdun-Jones.

Originally introduced as a form of social welfare with near-universal eligibility, legal aid in the UK is now framed as a benefit external to the legal system and understood in primarily economic terms. This book is the first to evaluate the recent reforms of UK legal aid from a social policy perspective and assess their impact on family law courts and advocacy.

Written by experts in the field, it focuses on the rise in people representing their own legal case and argues that the reforms effectively ‘delawyerise’ disputes, producing a more inquisitorial justice system and impacting the litigants, court system, staff and process.

Arguing for a more holistic concept of the reforms, the book will be of relevance to students, academics, policy-makers, judges, campaigners and social workers, not just in England and Wales, but in other jurisdictions instituting cuts to their legal aid budgets, such as Australia, Scotland, France, and the Netherlands.

Counter-terrorism is now a permanent and sprawling part of the legislative and operational apparatus of the state, yet little is known about the law and practice of how it is reviewed, how effective the review mechanisms are, what impact they have or how they interact with one another.

This book addresses that gap in knowledge by presenting the first comprehensive, critical analysis of counter-terrorism review in the United Kingdom, informed by exclusive interviews with policy makers, politicians, practitioners and civil society.

Available Open Access under CC-BY-NC licence. How does Brexit change Northern Ireland’s system of government? Could it unravel crucial parts of Northern Ireland’s peace process? What are the wider implications of the arrangements for the Irish and UK constitutions?

Northern Ireland presents some of the most difficult Brexit dilemmas.

Negotiations between the UK and the EU have set out how issues like citizenship, trade, the border, human rights and constitutional questions may be resolved. But the long-term impact of Brexit isn’t clear.

This thorough analysis draws upon EU, UK, Irish and international law, setting the scene for a post-Brexit Northern Ireland by showing what the future might hold.

Cohabiting couples and those entering religious-only marriages all too often end up with inadequate legal protection when the relationship ends. Yet, despite this shared experience, the linkages and overlaps between these two groups have largely been ignored in the legal literature.

Based on wide-ranging empirical studies, this timely book brings together scholars working in both areas to explore the complexities of the law, the different ways in which individuals experience and navigate the existing legal framework and the potential solutions for reform.

Illuminating pressing implications for social policy, this is an invaluable resource for policy makers, practitioners, researchers and students of family law.

The law-based, political institutions in many democratic societies are being challenged by fast-growing populist movements, parties, and leaders. In other nations, the state is failing. These seismic changes call for greater attention to be paid to the role society plays in forming and challenging laws—and how the law copes with these challenges.

Amitai Etzioni, one of the most respected thinkers in the US, argues for a new liberal communitarian approach as an effective response to populism. This recognizes that different members of the society have differing values, interests, and needs that cannot be fully reconciled to legislation in a populist age.

The book considers the core challenge in a variety of contexts, including national security versus privacy, private sector responsibility, freedom of the press, campaign finance reform, regulatory law and the legal status of terrorists. Thus the book offers a timely discussion of key issues for contemporary society and the relationship of the law to the citizen in a fast-changing environment.

Counter-terrorism is now a permanent and sprawling part of the legislative and operational apparatus of the state, yet little is known about the law and practice of how it is reviewed, how effective the review mechanisms are, what impact they have or how they interact with one another.

This book addresses that gap in knowledge by presenting the first comprehensive, critical analysis of counter-terrorism review in the United Kingdom, informed by exclusive interviews with policy makers, politicians, practitioners and civil society.

At a time of rising populism and debate about immigration, leading legal academic Jo Shaw sets out to review interactions between constitutions and constructs of citizenship.

This incisive appraisal is the first sustained treatment of the relationship between citizenship and constitutional law in a comparative and transnational perspective.

Drawing on examples from around the world, it assesses how countries’ legal, political and cultural processes help to determine the boundaries of citizenship.

For students and academics across political, social and international disciplines, Shaw offers an accessible response to some of the most pressing international questions of our age.

At a time of rising populism and debate about immigration, leading legal academic Jo Shaw sets out to review interactions between constitutions and constructs of citizenship.

This incisive appraisal is the first sustained treatment of the relationship between citizenship and constitutional law in a comparative and transnational perspective.

Drawing on examples from around the world, it assesses how countries’ legal, political and cultural processes help to determine the boundaries of citizenship.

For students and academics across political, social and international disciplines, Shaw offers an accessible response to some of the most pressing international questions of our age.

This important volume steps beyond conventional legal approaches to sustainability to provide fresh insights into perhaps one of the most critical global challenges of our time.

Offering analysis of sustainability at land and sea alongside trade, labour and corporate governance perspectives, this book articulates important debates about the role of law. From impacts on local societies to domestic sustainable development policies and major international goals, it considers multiple jurisdictional levels.

With original, interdisciplinary research from experts in their legal fields, this is a rounded assessment of the complex interplay of law and sustainability—both as it is now and as it should be in the future.

Written by international practitioners and scholars, this pioneering work offers important insights into peace mediation practice today and the role of third parties in the resolution of armed conflicts.

The authors reveal how peace mediation has developed into a complex arena and how multifaceted assistance has become an indispensable part of it. Offering unique reflections on the new frameworks set out by the UN, they look at the challenges and opportunities of third-party involvement.

With its policy focus and real-world examples from across the globe, this is essential reading for researchers of peace and conflict studies, and a go-to reference point for advisors involved in peace processes.

Legal professionals are thought to have higher levels of mental health issues and lower levels of wellbeing than the general population.

Drawing on qualitative data from new research with legal practitioners, this in-depth study of mental health and wellbeing in the UK and Republic of Ireland’s legal sector is a timely contribution to the urgent international debate on these issues.

The authors present a comprehensive discussion of the cultural, structural and other causes of legal professionals’ compromised wellbeing. They explore the everyday demands and difficulties of the legal working environment and consider the impacts on individuals, the legal profession and wider society.

Making comparisons with systems overseas, this is an invaluable resource that provides evidence-based suggestions for swift and effective organisational and policy-related interventions in the legal sector.

Available Open Access under CC-BY-NC licence

Effective participation in court and tribunal hearings is regarded as essential to justice, yet many barriers limit the capacity of defendants, parties and witnesses to participate.

Featuring policy analysis, courtroom observations and practitioners’ voices, this significant study reveals how participation is supported in the courts and tribunals of England and Wales. Including reflections on changes to the justice system as a result of the COVID-19 pandemic, it also details the socio-structural, environmental, procedural, cultural and personal factors which constrain participation.

This is an invaluable resource that makes a compelling case for a principled, explicit commitment to supporting participation across the justice system of England and Wales and beyond.

Do judges use the power of the state for the good of the nation? Or do they create new laws in line with their personal views?

When newspapers reported a court ruling on Brexit, senior judges were shocked to see themselves condemned as enemies of the people.

But that did not stop them ruling that an order made by the Queen on the advice of her prime minister was just ‘a blank piece of paper’.

Joshua Rozenberg, Britain’s best-known commentator on the law, asks how judges can maintain public confidence while making hard choices.

Court decisions are typically seen as one-off interventions relating to an incident in a person’s life, but a legal decision can impact on the person as they were and the person they will become.

This book is the first to explore the interactions of the law with the life course in order to understand the complex life journey as a whole.

Jonathan Herring reveals how the law privileges ‘middle age’ to the detriment of the whole life story and explains why an understanding of the life course is important for lawyers.

Relevant to those working in family law, elder law, medical law and ethics, jurisprudence, gender and the law, it will promote new thinking by exploring the engagement of the law with the life course of the self.

Globalization is an extraordinary phenomenon affecting virtually everything in our lives. And it is imperative that we understand the operation of economic power in a globalized world if we are to address the most challenging issues our world is facing today, from climate change to world hunger and poverty.

This revolutionary work rethinks globalization as a power system feeding from, and in competition with, the state system. Cutting across disciplines of law, politics and economics, it explores how multinational enterprises morphed into world political organisations with global reach and power, but without the corresponding responsibilities.

In illuminating how the concentration of property rights within corporations has led to the rejection of democracy as an ineffective system of government and to the rise in inequality, Robé offers a clear pathway to a fairer and more sustainable power system.

How are poverty and social inequality entrenched through a failing justice system?

In this important book, Jon Robins and Daniel Newman examine how the lives of people already struggling with problems with their welfare benefits, jobs, housing and immigration are made much harder by cuts to legal aid and the failings of our creaking justice system.

Over the course of 12 months, interviews were carried out on the ground in a range of settings with people as they were caught up in the justice system, in a range of settings such as foodbanks in a church hall in a wealthy part of London; a community centre in a former mining town; a homeless shelter for rough sleepers in Birmingham; and a destitution service for asylum seekers in a city on the South coast, as well as in courts and advice agencies up and down the country.

The authors argue that a failure to access justice all too often represents a catastrophic step in the life of the person concerned and their family.

This powerful, yet moving, account humanises the hostile political debates that surround legal aid and reveals what access to justice really means in Austerity Britain.

Globalization is an extraordinary phenomenon affecting virtually everything in our lives. And it is imperative that we understand the operation of economic power in a globalized world if we are to address the most challenging issues our world is facing today, from climate change to world hunger and poverty.

This revolutionary work rethinks globalization as a power system feeding from, and in competition with, the state system. Cutting across disciplines of law, politics and economics, it explores how multinational enterprises morphed into world political organisations with global reach and power, but without the corresponding responsibilities.

In illuminating how the concentration of property rights within corporations has led to the rejection of democracy as an ineffective system of government and to the rise in inequality, Robé offers a clear pathway to a fairer and more sustainable power system.

Marriage law in England and Wales is a historical relic which reflects a bygone age.

Successive governments have made a series of progressive but ad hoc reforms, most notably the introduction of civil partnerships and same-sex marriage. However, this has resulted in a legal framework which is complex and controversial, especially in relation to religion.

This book provides the first accessible guide to how contemporary marriage law interacts with religion and identifies pressure points in relation to non-religious organisations and unregistered religious marriages. It reveals the need for the consolidation, modernisation and reform of marriage law and sets out proposals for how the transformation of these laws can be achieved.

Court decisions are typically seen as one-off interventions relating to an incident in a person’s life, but a legal decision can impact on the person as they were and the person they will become.

This book is the first to explore the interactions of the law with the life course in order to understand the complex life journey as a whole.

Jonathan Herring reveals how the law privileges ‘middle age’ to the detriment of the whole life story and explains why an understanding of the life course is important for lawyers.

Relevant to those working in family law, elder law, medical law and ethics, jurisprudence, gender and the law, it will promote new thinking by exploring the engagement of the law with the life course of the self.

How do we maintain core values and rights when governments impose restrictive measures on our lives?

Declaring a state of emergency is the best way to protect public health in a pandemic but how do these powers differ from those for national security and economic crises?

This book explores how human rights, democracy and the rule of law can be protected during a pandemic and how emergency powers can best be ended once it wanes.

Written by an expert on constitutional law and human rights, this accessible book will shape how governments, opposition, courts and society as a whole view future pandemic emergency powers.

Cyberflashing has been on the rise since the Covid-19 pandemic. Yet, despite its prevalence and significant harms, cyberflashing is not a criminal offence in England and Wales.

This crucial book provides new in-depth analysis, understanding and insight into the nature and harms of cyberflashing. The authors consider recently adopted laws in the US, Singapore and Scotland, and set out proposals to criminalise cyberflashing as a sexual offence in English law.

This unique and timely study presents the first comprehensive examination of cyberflashing and the need to reform the criminal law.

The growing demand for social housing is one of the most pressing public issues in the UK today, and this book analyses its role and impact.

Anchored in a discussion of different approaches to the meaning and measurement of wellbeing, the author explores how these perspectives influence our views of the meaning, value and purpose of social housing in today’s welfare state. The closing arguments of the book suggest a more universalist approach to social housing, designed to meet the common needs of a wide range of households, with diverse socioeconomic characteristics, but all sharing the same equality of social status.

When a death is investigated by a coroner, what is the place of the family in that process?

This accessibly written book draws together empirical, theoretical and historical perspectives to develop a rich, nuanced analysis of the contemporary inquest system in England and Wales. It investigates theories of kinship drawn from socio-legal research and analyses law, accountability and the legal process.

Excerpts of conversations with coroners and officers offer real insights into how the role of family can be understood and who family is perceived to be, and how their participation fundamentally shapes the investigation into a death.

The growing demand for social housing is one of the most pressing public issues in the UK today, and this book analyses its role and impact.

Anchored in a discussion of different approaches to the meaning and measurement of wellbeing, the author explores how these perspectives influence our views of the meaning, value and purpose of social housing in today’s welfare state. The closing arguments of the book suggest a more universalist approach to social housing, designed to meet the common needs of a wide range of households, with diverse socioeconomic characteristics, but all sharing the same equality of social status.

How many questions could you answer in a pub quiz about British values?

Designed to ensure new migrants have accepted British values and integrated, the UK's citizenship test is often portrayed as a bad pub quiz with answers few citizens know. With the launch of a new post-Brexit immigration system, this is a critical time to change the test.

Thom Brooks draws on first-hand experience of taking the test, and interviews with key figures including past Home Secretaries, to expose the test as ineffective and a barrier to citizenship. This accessible guide offers recommendations for transforming the citizenship test into a ‘bridge to citizenship’ which fosters greater inclusion and integration.

ePDF and ePUB available Open Access under CC-BY-NC licence.

During the 20th century the locus of care shifted from large institutions into the community. However, this shift was not always accompanied by liberation from restrictive practices. In 2014 a UK Supreme Court ruling on the meaning of ‘deprivation of liberty’ resulted in large numbers of older and disabled people in care homes, supported living and family homes being re-categorized as ‘detained’.

Placing this ruling in its social, historical and global context, this book presents a socio-legal analysis of social care detention in the post-carceral era. Drawing from disability rights law and the meanings of ‘home’ and ‘institution’ it proposes solutions to the Cheshire West ruling’s paradoxical implications.

The effects of COVID-19 are visited disproportionately on the already disadvantaged.

This important text maps out ways in which those already disadvantaged have been affected by legal responses to COVID-19. Contributors tackle issues including virtual trials, adult social care, racism, tax and spending, education and more. They reflect on the implications of COVID-19 and express concerns with policy and practice developments and with the neutral version of the law and the economy which has taken root.

Drawing on diverse resources, this text offers an account of the damage caused by legal responses to the pandemic and demonstrates how the future response can be positive and productive.

Most workers on temporary, zero hours and involuntary part-time contracts in the UK are women. Many are also carers. Yet employment law tends to exclude such women from family-friendly rights.

Drawing on interviews with women in precarious work, this book exposes the everyday problems that these workers face balancing work and care. It argues for stronger and more extensive rights that address precarious workers’ distinctive experiences.

Introducing complex legal issues in an accessible way, this crucial text exposes the failures of family-friendly rights and explains how to grant these women effective rights in the wake of COVID-19.

The UN Global Study on Children Deprived of Liberty detailed many children’s poor experiences in detention, highlighting the urgent need for reform.

Applying a child-centred model of detention that fulfils the rights of the child under the five themes of provision, protection, participation, preparation and partnership, this original book illustrates how reform can happen. Drawing on Ireland’s experience of transforming law, policy and practice, and combining theory with real-life experiences, this compelling book demonstrates how children’s rights can be implemented in detention.

This important case study of reform presents a powerful argument for a progressive, rights-based approach to child detention. Worthy of international application, the book shares practical insights into how theory can be translated into practice.

When a death is investigated by a coroner, what is the place of the family in that process?

This accessibly written book draws together empirical, theoretical and historical perspectives to develop a rich, nuanced analysis of the contemporary inquest system in England and Wales. It investigates theories of kinship drawn from socio-legal research and analyses law, accountability and the legal process.

Excerpts of conversations with coroners and officers offer real insights into how the role of family can be understood and who family is perceived to be, and how their participation fundamentally shapes the investigation into a death.

The effects of COVID-19 are visited disproportionately on the already disadvantaged.

This important text maps out ways in which those already disadvantaged have been affected by legal responses to COVID-19. Contributors tackle issues including virtual trials, adult social care, racism, tax and spending, education and more. They reflect on the implications of COVID-19 and express concerns with policy and practice developments and with the neutral version of the law and the economy which has taken root.

Drawing on diverse resources, this text offers an account of the damage caused by legal responses to the pandemic and demonstrates how the future response can be positive and productive.

In recent years, the United Kingdom's Home Office has started using automated systems to make immigration decisions. These systems promise faster, more accurate, and cheaper decision-making, but in practice they have exposed people to distress, disruption, and even deportation.

This book identifies a pattern of risky experimentation with automated systems in the Home Office. It analyses three recent case studies including: a voice recognition system used to detect fraud in English-language testing; an algorithm for identifying ‘risky’ visa applications; and automated decision-making in the EU Settlement Scheme.

The book argues that a precautionary approach is essential to ensure that society benefits from government automation without exposing individuals to unacceptable risks.

The use of a rape victim’s sexual history as evidence attracted intense public attention after the acquittal of footballer Ched Evans in 2017. Set within the context of a criminal justice system widely perceived to be failing rape victims, the use of sexual history evidence remains a flashpoint of contention around rape law reform.

This accessible book mounts an important interrogation into the use of a victim’s sexual history as evidence in rape trials. Adopting a critical multidisciplinary perspective underpinned by feminist theory, the authors explore the role and significance of sexual history evidence in criminal justice responses to rape.

Even though legal aid is available for people seeking asylum, there is uneven access to advice across Britain.

Based on empirical research, this book offers fresh thinking on what has gone wrong in the legal aid market. It presents a rare picture of the barristers, solicitors and caseworkers practising immigration law in charities and private firms. In doing so, this book examines supply and demand and illuminates what constitutes high-quality legal aid work/provision, subsequent conflicts with financial rationality and how practitioners resolve these issues.

Challenging existing legal aid policy, this book presents innovative insights to ensure public service markets around the globe function well for all those involved.

The UN Global Study on Children Deprived of Liberty detailed many children’s poor experiences in detention, highlighting the urgent need for reform.

Applying a child-centred model of detention that fulfils the rights of the child under the five themes of provision, protection, participation, preparation and partnership, this original book illustrates how reform can happen. Drawing on Ireland’s experience of transforming law, policy and practice, and combining theory with real-life experiences, this compelling book demonstrates how children’s rights can be implemented in detention.

This important case study of reform presents a powerful argument for a progressive, rights-based approach to child detention. Worthy of international application, the book shares practical insights into how theory can be translated into practice.

This accessible critique of urban construction reimagines city development and life in an era of unprecedented building.

Exploring the proliferation of building and construction, Imrie sets out its many degrading impacts on both people and the environment. Using examples from around the world, he illustrates how construction is motivated by economic and political ideologies rather than actual need, and calls for a more sensitive, humane and nature-focused culture of construction.

This compelling book calls for radical changes to city living and environments by building less, but better.

The word ‘refugee’ is both evocative and contested; it means different things to different people. For lawyers, the main legal reference point is the UN Refugee Convention of 1951.

This concise and engaging book follows the structure of the Convention to explore international refugee law. Including an introduction to the historical and legal context, Colin Yeo draws on his experience as an immigration barrister to explain the present-day legal framework for global refugee protection. Chapters consider:

• well-founded fear;

• persecution;

• the loss of refugee status and exclusion;

• the rights of refugees;

• and state responses to refugee claims.

The book includes studies of key legal cases, reviews the successes and failures of the Convention and looks ahead to the future, including the impact of climate change and the Global Compact on Refugees.

Communicating important legal concepts in an approachable way, this is an essential guide for students, lawyers and non-specialists.

Austerity continues to impact the criminal justice process in England and Wales: police numbers are down, the Crown Prosecution Service is in disarray, legal aid has been reduced, courts are closing and magistrates are leaving.

Research into the criminal process usually focuses on England, however this book offers a rare insight into South Wales. Drawing on first-hand accounts of lawyers, police, suspects, and the convicted and their families, it uncovers how these affected individuals navigate the challenges caused by austerity, what has changed and what can be done to improve the system.

This book is a reliable and evocative account of the reality of criminal justice in Wales.

The word ‘refugee’ is both evocative and contested; it means different things to different people. For lawyers, the main legal reference point is the UN Refugee Convention of 1951.

This concise and engaging book follows the structure of the Convention to explore international refugee law. Including an introduction to the historical and legal context, Colin Yeo draws on his experience as an immigration barrister to explain the present-day legal framework for global refugee protection. Chapters consider:

• well-founded fear;

• persecution;

• the loss of refugee status and exclusion;

• the rights of refugees;

• and state responses to refugee claims.

The book includes studies of key legal cases, reviews the successes and failures of the Convention and looks ahead to the future, including the impact of climate change and the Global Compact on Refugees.

Communicating important legal concepts in an approachable way, this is an essential guide for students, lawyers and non-specialists.

Austerity continues to impact the criminal justice process in England and Wales: police numbers are down, the Crown Prosecution Service is in disarray, legal aid has been reduced, courts are closing and magistrates are leaving.

Research into the criminal process usually focuses on England, however this book offers a rare insight into South Wales. Drawing on first-hand accounts of lawyers, police, suspects, and the convicted and their families, it uncovers how these affected individuals navigate the challenges caused by austerity, what has changed and what can be done to improve the system.

This book is a reliable and evocative account of the reality of criminal justice in Wales.

Should digital platforms be responsible for intimate images posted without the subject’s consent? Could the viewers of such images be liable simply for viewing them?

This book answers these questions in the affirmative, while considering the social, legal and technological features of unauthorized dissemination of intimate images, or ‘revenge porn’. In doing so, it asks fundamental socio-legal questions about responsibility, causation and apportionment, as well as conceptualizing private information as property.

With a focus on private law theory, the book defines the appropriate scope of liability of platforms and viewers while critiquing both EU and US solutions to the problem. Through its analysis, the book develops a new theory of egalitarian digital privacy.

How big a problem is torture? Are the right things being done to prevent it? Why does the UN appear at times to be so impotent in the face of it?

In this vitally important work, Malcolm D. Evans tells the story of torture prevention under international law, setting out what is really happening around the world. Challenging assumptions about torture’s root causes, he calls for what is needed to enable us to bring about change.

The author draws on over ten years’ experience as Chair of the UN Subcommittee on Prevention of Torture to give a frank account of the remarkable capacities of this system, what it has achieved in practice, or not been able to achieve – and most importantly, why.

This book examines the divergent medical, political and legal constructions of intersex. The authors use empirical data to explore how intersex people are embodied through these frameworks which in turn influence their lived experiences.

Through their analysis, the authors reveal the factors that motivate and influence the way in which policy makers and legislators approach the area of intersex rights. They reflect on the limitations of law as the primary vehicle in challenging healthcare’s framing of intersex as a ‘disorder’ in need of fixing. Finally, they offer a more holistic account of intersex justice which is underpinned by psychosocial support and bodily integrity.

How big a problem is torture? Are the right things being done to prevent it? Why does the UN appear at times to be so impotent in the face of it?

In this vitally important work, Malcolm D. Evans tells the story of torture prevention under international law, setting out what is really happening around the world. Challenging assumptions about torture’s root causes, he calls for what is needed to enable us to bring about change.

The author draws on over ten years’ experience as Chair of the UN Subcommittee on Prevention of Torture to give a frank account of the remarkable capacities of this system, what it has achieved in practice, or not been able to achieve – and most importantly, why.

Slaves, mistresses, concubines – the English courts have used these terms to describe polygamous wives in the past, but are they still seen this way today?

Using a critical postcolonial feminist lens, this book provides a contextualized exploration of English legal responses to polygamy. Through the legacies of British imperialism, the book shows how attitudes to polygamy are shaped by indifference and hostility towards its participants. This goes beyond the law, as shown by the stories of women shared throughout the book negotiating their identities and relationships in the UK today.

Through its analysis, the book demonstrates how polygamy and polygamous wives are subjected to imperialist and orientalist discourses which dehumanise them for practising a relationship that has existed for millennia.

Persons with disabilities report high levels of harassment worldwide, often based on intersectional characteristics such as race, gender and age. However, while #MeToo and #BlackLivesMatter have highlighted ongoing experiences of sexual and racial harassment, disability harassment has received little attention.

This book focuses on legal measures to combat disability harassment at work. It sets disability harassment in its international context, including its human rights framework, and confronts the lack of empirical information by evaluating the Irish legal framework in practice.

It explores the capacity of the law to address intersectional harassment, particularly that faced by women with disabilities, and outlines the barriers to effective legal solutions.

With contributions from an international team of experts, this collection provides a much-needed international, comparative approach to mental capacity law.

The book focuses particularly on exploring substantive commonalities and divergences in normative orientation and practical application embedded in different legal frameworks. It draws together contributions from eleven different jurisdictions across Europe, Asia and the UK and explores what productive or unproductive values and practices currently exist.

By providing a detailed comparison of how legal and ethical commitments to persons with disabilities are framed in capacity law across different national systems, the book highlights the values and practices that could lead to changes that better respect persons with disabilities in mental capacity regimes.

Since the Second World War, dignity has increasingly been recognized as an important moral and legal value. Although important examples of dignity-based arguments can be found in western European and North American case law and legal theory, the dignity jurisprudence of the Constitutional Court of South African is widely considered to be the most sweeping in the world. In part, this is related to the unique provisions of the South African Constitution in areas such as socioeconomic rights and allowing dignity to be taken into the sphere of economic justice as well as that of human rights.

This book brings together the first sixteen years of constitutional jurisprudence addressing the meaning, role, and reach of dignity in the law of South Africa as a multiracial democracy. The case law is coupled with analysis from a range of selected contributors.

The book will therefore be a crucial source for anyone seeking to evaluate dignity, whether in law or in human life more broadly.

This is the first comprehensive casePub to address the relationship of uBuntu to law. It also provides the most important critical articles on the use of uBuntu, both by the Constitutional Court and by other levels of the judiciary in South Africa.

Although uBuntu is an ideal or value rooted in South Africa, its purchase as a performative ethic of the human goes beyond its roots in African languages. Indeed, this casePub helps break through some of the stale antinomies in the discussions of cultures and rights, since both the courts and the critical essays discuss ubuntu as not simply an indigenous or even African ideal but one that is its own terms calls for universal justification. The efforts of the Constitutional Court to take seriously competing ideals of law and justice has led to original ethical reasoning, which has significant implications for post apartheid constitutionalism and law more generally.

uBuntu, then, as it is addressed as an activist ethic of virtue and then translated into law, helps to expand the thinking of a modern legal system’s commitment to universality by deepening discussions of what inclusion and equality actually mean in a postcolonial country. Since uBuntu claims to have universal purchase, its importance as a way of thinking about law and justice is not limited to South Africa but becomes important in any human rights discourse that is not limitedly rooted in Western European ideals. Thus this book will be a crucial resource for anyone who is seriously grappling with human rights, postcolonial constitutionalism, and competing visions of the relations between law and justice.

The front pages of our newspapers and the chatter on the blogs bear witness to the divorce of law from justice. Highly paid lawyers mine the law for loopholes to help Fortune 500 corporations legally evade their taxes and spoil the environment. In a world governed by the rule of law, justice, it seems, is a chimera, an abstraction, and thus a distraction from the real world struggle over political interest. Ought we, then, to abandon talk about abstract ideals of justice in favor of strategic and political arguments?

In The Gift of Science, a bold, revisionist account of 300 years of jurisprudence, Roger Berkowitz argues that the idea of justice is endangered and needs to be saved. Moving from the scientific revolution to the rise of law and economics, Berkowitz tells the story of how lawyers invented a science of law to preserve law's claim to moral authority. The "gift" of science to law, however, proved bittersweet. Instead of strengthening the bond between law and justice, the subordination of law to science transformed law from an ethical order into a tool for social and economic ends.

The Gift of Science is a mesmerizing and original intellectual history of law. As a genealogy of the modern divorce of law from justice, Berkowitz shows that positive law has its formative impulse not in the English works of Thomas Hobbes and John Austin, but in the German tradition of legal science stretching from Gottfried Wilhelm Leibniz to Friedrich Carl von Savigny and Rudolf von Jhering. As a contribution to jurisprudence, Berkowitz argues that positive law is best understood as a product of science and not, as usually thought, as the will of a sovereign. As a work of political theory, Berkowitz explores how the subordination of law to social science has hollowed out the ethical center of law as the institutional embodiment of justice. Finally, the book makes manifest the danger that the transformation of law itself into a product of science poses for the possibility of law, justice, and freedom in the modern age.

One of the largest county bar associations in the country, the New York County Lawyers’ Association has also been one of the most influential since its founding in 1908. Today, representing more than 10,000 members, the Association is a major force for professional ethics and integrity and a powerful voice in such issues as racial, gender, and ethnic inclusion, and legal assistance to the poor.

In this detailed chronicle of the Association’s first century, Edwin David Robertson draws on a rich array of primary sources that bring to life both the internal history of the Association and its role in the legal and political life of the City. Here are stories of the legions of lawyers who, in the Association, successfully faced the challenges of their profession and created a powerful community of shared interests and commitments.

Filled with accounts of key cases and many of the backroom “bar stories” that have become local legal legends, this book is also a unique look at the inner life of the law played out during Manhattan’s most dynamic era.

The relation between law and revolution is one of the most pressing questions of our time. As one country after another has faced the challenge that comes with the revolutionary overthrow of past dictatorships, how one reconstructs a new government is a burning issue.

South Africa, after a long and bloody armed struggle and a series of militant uprisings, negotiated a settlement for a new government and remains an important example of what a substantive revolution might look like. The essays collected in this book address both the broader question of law and revolution and some of the specific issues of transformation in South Africa.

The relation between law and revolution is one of the most pressing questions of our time. As one country after another has faced the challenge that comes with the revolutionary overthrow of past dictatorships, how one reconstructs a new government is a burning issue.

South Africa, after a long and bloody armed struggle and a series of militant uprisings, negotiated a settlement for a new government and remains an important example of what a substantive revolution might look like. The essays collected in this book address both the broader question of law and revolution and some of the specific issues of transformation in South Africa.

Corporate Romanticism offers an alternative history of the connections between modernity, individualism, and the novel. In early nineteenth-century England, two developments—the rise of corporate persons and the expanded scale of industrial action—undermined the basic assumption underpinning both liberalism and the law: that individual human persons can be meaningfully correlated with specific actions and particular effects. Reading works by Godwin, Austen, Hogg, Mary Shelley, and Dickens alongside a wide-ranging set of debates in nineteenth-century law and Romantic politics and aesthetics, Daniel Stout argues that the novel, a literary form long understood as a reflection of individualism’s ideological ascent, in fact registered the fragile fictionality of accountable individuals in a period defined by corporate actors and expansively entangled fields of action.

Examining how liberalism, the law, and the novel all wrestled with the moral implications of a highly collectivized and densely packed modernity, Corporate Romanticism reconfigures our sense of the nineteenth century and its novels, arguing that we see in them not simply the apotheosis of laissez-fair individualism but the first chapter of a crucial and distinctly modern problem about how to fit the individualist and humanist terms of justice onto a world in which the most consequential agents are no longer persons.

Corporate Romanticism offers an alternative history of the connections between modernity, individualism, and the novel. In early nineteenth-century England, two developments—the rise of corporate persons and the expanded scale of industrial action—undermined the basic assumption underpinning both liberalism and the law: that individual human persons can be meaningfully correlated with specific actions and particular effects. Reading works by Godwin, Austen, Hogg, Mary Shelley, and Dickens alongside a wide-ranging set of debates in nineteenth-century law and Romantic politics and aesthetics, Daniel Stout argues that the novel, a literary form long understood as a reflection of individualism’s ideological ascent, in fact registered the fragile fictionality of accountable individuals in a period defined by corporate actors and expansively entangled fields of action.

Examining how liberalism, the law, and the novel all wrestled with the moral implications of a highly collectivized and densely packed modernity, Corporate Romanticism reconfigures our sense of the nineteenth century and its novels, arguing that we see in them not simply the apotheosis of laissez-fair individualism but the first chapter of a crucial and distinctly modern problem about how to fit the individualist and humanist terms of justice onto a world in which the most consequential agents are no longer persons.

In Managing Crisis: Presidential Disability and the Twenty-Fifth Amendment, the contributors explore not only the historical beginnings and the subsequent development of the Twenty-Fifth Amendment, but also its contributions to the health of the nation.

The Watergate scandal of 1973-1974 solidified the Amendment's strength when it was invoked after the resignation of Vice President Spiro Agnew, and again after Richard Nixon's resignation. President Reagan's failure to use the Amendment in 1981 after being shot and seriously wounded disappointed those who championed its provisiouns but the strong backlash he received actually strengthened the Amendment and convinced subsequent Administrations to develop plans for its use. The President who takes office in 2001 is likely to devise similar plans.

The Amendment is positioned to be a crucial tool if, as seems inevitable, the country again confronts a case of presidential inability, whether the inability entails illness or even kidnapping. It respects the presidency by making it difficult to oust a Chief Executive from exercising his powers and duties, giving a decisive role to those likely to protect the president and embodying checks and balances at every point in the processs.It avoids a definition of the term "inability" so as to provide decision-makers with flexibility and escapes the legalisms that such a definition could cause in a time of political turmoil. Both a legal and a political document, the Amendment deals with its subjects practically and in a manner consistent with the principle of separation of powers. It is likely to ensure stability and continuity in the event of a national crisis.

The contributors to this essential volume are: Birch Bayh, three-term United States Senator from Indiana, who authored and sponsored both the Twenty-Fifth and Twenty-Sixth Amendments; John D. Feerick, Dean of the Fordham University School of Law and author of The Twenty-Fifth Amendment; Robert E. Gilbert, Professor of Political Science at Northeastern University, and author of The Mortal Presidency, which was designated a 1998 outstanding book by Choice; Jeol K. Goldstein, Professor of Law at St. Louis University School of Law and author of The Modern Vice-Presidency and Understanding Constitutional Law; Robert J. Joynt, Distinguished University Professor of Neurology, Neurobiology, and Anatomy at the University of Rochester; E. Connie Mariano; M.D., Personal Physician to President Clinton and Director of the White House Medical Unit; Lawrence C. Mhr, M.D., White House physician from 1987 to 1993, serving Presidents Reagan, Bush, and Clinton, and currently professor of Medicine and Director of the Environmental Biosciences Program at the Medical University of South Carolina; Jerrold M. Post, M.D., Professor of Psychiatry and Director of the Political Psychology Program at the George Washington University; Robert S. Robbins, Professor of Political Science at Tulane University and co-author of When Illness Strikes the Leader; Kenneth W. Thompson, Director of the Miller Center at the University of Virginia frm 1978 to 1998; James F. Toole, M.D., Teagle Professor of Neurology and Professor of Public Health Sciences at the Bowman Gray School of Medicine at Wake Forest University; Tom Wicker, former Washington Bureau Chief for the New York Times, and James M. Young M.D., White House Physician serving Presidents Kennedy and Johnson, from 1963 to 1966.

In Managing Crisis: Presidential Disability and the Twenty-Fifth Amendment, the contributors explore not only the historical beginnings and the subsequent development of the Twenty-Fifth Amendment, but also its contributions to the health of the nation.

The Watergate scandal of 1973-1974 solidified the Amendment's strength when it was invoked after the resignation of Vice President Spiro Agnew, and again after Richard Nixon's resignation. President Reagan's failure to use the Amendment in 1981 after being shot and seriously wounded disappointed those who championed its provisiouns but the strong backlash he received actually strengthened the Amendment and convinced subsequent Administrations to develop plans for its use. The President who takes office in 2001 is likely to devise similar plans.

The Amendment is positioned to be a crucial tool if, as seems inevitable, the country again confronts a case of presidential inability, whether the inability entails illness or even kidnapping. It respects the presidency by making it difficult to oust a Chief Executive from exercising his powers and duties, giving a decisive role to those likely to protect the president and embodying checks and balances at every point in the processs.It avoids a definition of the term "inability" so as to provide decision-makers with flexibility and escapes the legalisms that such a definition could cause in a time of political turmoil. Both a legal and a political document, the Amendment deals with its subjects practically and in a manner consistent with the principle of separation of powers. It is likely to ensure stability and continuity in the event of a national crisis.

The contributors to this essential volume are: Birch Bayh, three-term United States Senator from Indiana, who authored and sponsored both the Twenty-Fifth and Twenty-Sixth Amendments; John D. Feerick, Dean of the Fordham University School of Law and author of The Twenty-Fifth Amendment; Robert E. Gilbert, Professor of Political Science at Northeastern University, and author of The Mortal Presidency, which was designated a 1998 outstanding book by Choice; Jeol K. Goldstein, Professor of Law at St. Louis University School of Law and author of The Modern Vice-Presidency and Understanding Constitutional Law; Robert J. Joynt, Distinguished University Professor of Neurology, Neurobiology, and Anatomy at the University of Rochester; E. Connie Mariano; M.D., Personal Physician to President Clinton and Director of the White House Medical Unit; Lawrence C. Mhr, M.D., White House physician from 1987 to 1993, serving Presidents Reagan, Bush, and Clinton, and currently professor of Medicine and Director of the Environmental Biosciences Program at the Medical University of South Carolina; Jerrold M. Post, M.D., Professor of Psychiatry and Director of the Political Psychology Program at the George Washington University; Robert S. Robbins, Professor of Political Science at Tulane University and co-author of When Illness Strikes the Leader; Kenneth W. Thompson, Director of the Miller Center at the University of Virginia frm 1978 to 1998; James F. Toole, M.D., Teagle Professor of Neurology and Professor of Public Health Sciences at the Bowman Gray School of Medicine at Wake Forest University; Tom Wicker, former Washington Bureau Chief for the New York Times, and James M. Young M.D., White House Physician serving Presidents Kennedy and Johnson, from 1963 to 1966.

Our federal campaign finance system is in a state of disarray. The current regulatory scheme is not curbing, and may be abetting, the enormous increase in campaign contributions and expenditures. The enormous influence of major campaign donors on the process of government is a growing cause of national concern.

The Special Commission of The Association of the Bar of the City of New York has spent the past two years studying the current system and developing a blueprint for reform. Composed of members with diverse political views and extensive legal and government experience, the Commission takes a fresh look at how to limit the undue influence of private money in federal elections.

The result is a highly readable report that tells how the current system, established in the wake of the Watergate scandal, is being manipulated by monied special interests, and how the system can be reformed.

The report addresses: how to develop a level playing field for candidates; how to limit the amount of money flowing into campaigns while allowing candidates to mount effective races; how to curb the use of soft money and issue advocacy while preserving the role of political parties; and how to structure a system that will restore public confidence in government.

This account is must reading on an issue that is moving to the center of the national stage.

Available in a new digital edition with reflowable text suitable for e-readers

The presidency is hazardous to your health. Fully two-thirds of our presidents have died before reaching their life-expectancy- despite being wealthier, better educated, and better cared for that most Americans. In Mortal Presidency, the first complete account of death and illness in the White House, Robert E. Gilbert looks at modern presidents including Coolidge, FDR, Eisenhower, Kennedy, and Reagan. He shows- in some cases, for the first time- that all suffered from debilitating medical problems, physical and/or psychological, which they frequently managed to conceal from the public but which, in important ways, affected their political lives. This edition is updated to include a brief look at Presidents Clinton and Bush, both of whom suffered sudden and unpleasant indispositions while in office which to some degree affected their presidencies.

Our federal campaign finance system is in a state of disarray. The current regulatory scheme is not curbing, and may be abetting, the enormous increase in campaign contributions and expenditures. The enormous influence of major campaign donors on the process of government is a growing cause of national concern.

The Special Commission of The Association of the Bar of the City of New York has spent the past two years studying the current system and developing a blueprint for reform. Composed of members with diverse political views and extensive legal and government experience, the Commission takes a fresh look at how to limit the undue influence of private money in federal elections.

The result is a highly readable report that tells how the current system, established in the wake of the Watergate scandal, is being manipulated by monied special interests, and how the system can be reformed.

The report addresses: how to develop a level playing field for candidates; how to limit the amount of money flowing into campaigns while allowing candidates to mount effective races; how to curb the use of soft money and issue advocacy while preserving the role of political parties; and how to structure a system that will restore public confidence in government.

This account is must reading on an issue that is moving to the center of the national stage.

Available in a new digital edition with reflowable text suitable for e-readers

The presidency is hazardous to your health. Fully two-thirds of our presidents have died before reaching their life-expectancy- despite being wealthier, better educated, and better cared for that most Americans. In Mortal Presidency, the first complete account of death and illness in the White House, Robert E. Gilbert looks at modern presidents including Coolidge, FDR, Eisenhower, Kennedy, and Reagan. He shows- in some cases, for the first time- that all suffered from debilitating medical problems, physical and/or psychological, which they frequently managed to conceal from the public but which, in important ways, affected their political lives. This edition is updated to include a brief look at Presidents Clinton and Bush, both of whom suffered sudden and unpleasant indispositions while in office which to some degree affected their presidencies.

For many inside and outside the legal academy, the right place to look for law is in constitutions, statutes, and judicial opinions. This book looks for law in the “wrong places”—sites and spaces in which no formal law appears. These may be geographic regions beyond the reach of law, everyday practices ungoverned or ungovernable by law, or works of art that have escaped law’s constraints.

Looking for Law in All the Wrong Places brings together essays by leading scholars of anthropology, cultural studies, history, law, literature, political science, race and ethnic studies, religion, and rhetoric, to look at law from the standpoint of the humanities. Beyond showing law to be determined by or determinative of distinct cultural phenomena, the contributors show how law is itself interwoven with language, text, image, and culture.

Many essays in this volume look for law precisely in the kinds of “wrong places” where there appears to be no law. They find in these places not only reflections and remains of law, but also rules and practices that seem indistinguishable from law and raise challenging questions about the locations of law and about law’s meaning and function. Other essays do the opposite: rather than looking for law in places where law does not obviously appear, they look in statute books and courtrooms from perspectives that are usually presumed to have nothing to say about law.

Looking at law sideways, or upside down, or inside out defamiliarizes law. These essays show what legal understanding can gain when law is denied its ostensibly proper domain.

Contributors: Kathryn Abrams, Daniel Boyarin, Wendy Brown, Marianne Constable, Samera Esmeir, Daniel Fisher, Sara Ludin, Saba Mahmood, Rebecca McLennan, Ramona Naddaff, Beth Piatote, Sarah Song, Christopher Tomlins, Leti Volpp, Bryan Wagner

Populism in politics and policy orientations in law have thrown the jurisdiction of the academy and the disciplines of interpretation into disarray. Critique flounders in abstraction and negativity, law loses itself in particularity. Administering Interpretation brings together philosophers, humanists, and jurists from both continental and Anglophone jurisdictions to reassess the status and trajectory of interpretative theory as applied in the art of law. Tracking the thread of philosophical influences upon the community of legal interpretation, the essays move from the translation and wake of Derrida to the work of Agamben, from deconstruction to oikononmia. Sharing roots in the philological excavation of the political theology of modern law, contributors assess the failure of secularism and the continuing theological borrowings of juridical interpretation. The book brings contemporary critique to bear upon the interpretative apparatuses of exclusion, the law of spectacular sovereignty, and the bodies that lie in its wake.


Contributors: Giovanna Borradori, Marinos Diamantides, Allen Feldman, Stanley Fish, Pierre Legrand, Bernadette Meyler, Michel Rosenfeld, Bernhard Schlink, Jeanne Schroeder, Laurent de Sutter, Katrin Trüstedt, Marco Wan

Populism in politics and policy orientations in law have thrown the jurisdiction of the academy and the disciplines of interpretation into disarray. Critique flounders in abstraction and negativity, law loses itself in particularity. Administering Interpretation brings together philosophers, humanists, and jurists from both continental and Anglophone jurisdictions to reassess the status and trajectory of interpretative theory as applied in the art of law. Tracking the thread of philosophical influences upon the community of legal interpretation, the essays move from the translation and wake of Derrida to the work of Agamben, from deconstruction to oikononmia. Sharing roots in the philological excavation of the political theology of modern law, contributors assess the failure of secularism and the continuing theological borrowings of juridical interpretation. The book brings contemporary critique to bear upon the interpretative apparatuses of exclusion, the law of spectacular sovereignty, and the bodies that lie in its wake.


Contributors: Giovanna Borradori, Marinos Diamantides, Allen Feldman, Stanley Fish, Pierre Legrand, Bernadette Meyler, Michel Rosenfeld, Bernhard Schlink, Jeanne Schroeder, Laurent de Sutter, Katrin Trüstedt, Marco Wan

For many inside and outside the legal academy, the right place to look for law is in constitutions, statutes, and judicial opinions. This book looks for law in the “wrong places”—sites and spaces in which no formal law appears. These may be geographic regions beyond the reach of law, everyday practices ungoverned or ungovernable by law, or works of art that have escaped law’s constraints.

Looking for Law in All the Wrong Places brings together essays by leading scholars of anthropology, cultural studies, history, law, literature, political science, race and ethnic studies, religion, and rhetoric, to look at law from the standpoint of the humanities. Beyond showing law to be determined by or determinative of distinct cultural phenomena, the contributors show how law is itself interwoven with language, text, image, and culture.

Many essays in this volume look for law precisely in the kinds of “wrong places” where there appears to be no law. They find in these places not only reflections and remains of law, but also rules and practices that seem indistinguishable from law and raise challenging questions about the locations of law and about law’s meaning and function. Other essays do the opposite: rather than looking for law in places where law does not obviously appear, they look in statute books and courtrooms from perspectives that are usually presumed to have nothing to say about law.

Looking at law sideways, or upside down, or inside out defamiliarizes law. These essays show what legal understanding can gain when law is denied its ostensibly proper domain.

Contributors: Kathryn Abrams, Daniel Boyarin, Wendy Brown, Marianne Constable, Samera Esmeir, Daniel Fisher, Sara Ludin, Saba Mahmood, Rebecca McLennan, Ramona Naddaff, Beth Piatote, Sarah Song, Christopher Tomlins, Leti Volpp, Bryan Wagner

This book represents the distinguished Sonnett lecture series sponsored by Fordham’s Law School that has taken place for the last 45 years. In this collection, U.S. Supreme Court Justices, a Lord Chancellor of England, three Chief Justices of Ireland, a Chief Justice of South Africa, a President of the Supreme Court of Israel, and other leading judges and lawyers examine common law–based legal systems and underlying principles. The lectures encourage attorneys and society to improve the training of lawyers, respect the independence of the judiciary, place ethics at the forefront, question the efficacy of the criminal justice system, and explore the complex philosophical issues facing the judiciary.

Taken as a whole, these lectures are a prescription for improvements and innovations throughout the legal system. The lectures were delivered by judges and lawyers who were involved in many of the most significant cases of the last half-century that strengthened individual rights and promoted access to justice. Each finds its deepest meaning in advancing the theme of Fordham Law School: “In the Service of Others.”

WINNER, SLSA SOCIO-LEGAL THEORY AND HISTORY PRIZE

SHORTLISTED, THE HART-SLSA BOOK PRIZE

Spectacles and Specters draws on theories of performativity to conceptualize the entanglements of law and political violence, offering a radical departure from accounts that consider political trials as instrumental in exercising or containing political violence. Legal scholar Başak Ertür argues instead that making sense of the often incalculable interpenetrations of law, politics, and violence in trials requires shifting the focus away from law’s instrumentality to its performativity.

Ertür develops a theory of political trials by reconstructing and building on a legacy of critical thought on Nuremberg in close engagement with theories of performativity. She then offers original case studies that introduce a new perspective by looking beyond the Holocaust trials, to the Armenian genocide and its fragmentary legal aftermaths. These cases include the 1921 trial of Soghomon Tehlirian, the 2007-21 Hrant Dink Murder Trial, and the 2015 case before the European Court of Human Rights concerning the denial of the Armenian genocide.

Enabling us to capture the various modalities in which the political emerges in, through and in relation to legal forms on the stage of the trial, this focus on law’s performativity also allows us to account for how sovereign schemes can misfire and how trials can come to have unintended political lives and afterlives. Further, it reveals how law is entangled with and perpetuates certain histories of violence, rather than simply ever mastering these histories or providing closure.

The first book to explore food allergies in the United States from the perspective of disability and race

Are food allergies disabilities? What structures and systems ensure the survival of some with food allergies and not others? Allergic Intimacies is a groundbreaking critical engagement with food allergies in their cultural representations, advocacy, law, and stories about personal experiences from a disability studies perspective. Author Michael Gill questions the predominantly individualized medical approaches to food allergies, pointing out that these approaches are particularly problematic where allergy testing and treatments are expensive, inconsistent, and inaccessible for many people of color.

This thought-provoking book explores the multiple meanings of food allergies and eating in the United States, demonstrating how much more is at stake than we realize, at a critical time when food allergies are on the rise: An estimated 32 million Americans, including one in thirteen children, have food allergies. Diagnoses of food allergies in children have increased by 50 percent since 1997. Yet as the author makes clear, the whiteness of the food allergy community and single-identity disability theory is inherently limiting and insufficient to address the complex choices that those with food allergies make. Gill argues that racism and ableism create unique precarity for disabled people of color that food allergic communities are only beginning to address. There is a huge disparity in access to testing and treatment, with African American and Latinx children having higher risk of adverse outcomes than white children, including more rates of anaphylaxis. Food allergy professionals have a responsibility to move beyond individualized approaches to more robust coalitional efforts grounded in disability and racial justice to undo these patterns of exclusion.

Allergic Intimacies celebrates the various creative ways food allergic communities are challenging historical and current practice of exclusion, while identifying the depth of work that still needs to be done to shift focus from a white allergic experience toward a more representative understanding of the racial, ethnic, religious, and economic diversity of those in the United States. Gill’s book is a discerning and vital exploration of the key debates about risks, dangers, safety, representations, and political concerns affecting the lives of individuals with food allergies.

WINNER, SLSA SOCIO-LEGAL THEORY AND HISTORY PRIZE

SHORTLISTED, THE HART-SLSA BOOK PRIZE

Spectacles and Specters draws on theories of performativity to conceptualize the entanglements of law and political violence, offering a radical departure from accounts that consider political trials as instrumental in exercising or containing political violence. Legal scholar Başak Ertür argues instead that making sense of the often incalculable interpenetrations of law, politics, and violence in trials requires shifting the focus away from law’s instrumentality to its performativity.

Ertür develops a theory of political trials by reconstructing and building on a legacy of critical thought on Nuremberg in close engagement with theories of performativity. She then offers original case studies that introduce a new perspective by looking beyond the Holocaust trials, to the Armenian genocide and its fragmentary legal aftermaths. These cases include the 1921 trial of Soghomon Tehlirian, the 2007-21 Hrant Dink Murder Trial, and the 2015 case before the European Court of Human Rights concerning the denial of the Armenian genocide.

Enabling us to capture the various modalities in which the political emerges in, through and in relation to legal forms on the stage of the trial, this focus on law’s performativity also allows us to account for how sovereign schemes can misfire and how trials can come to have unintended political lives and afterlives. Further, it reveals how law is entangled with and perpetuates certain histories of violence, rather than simply ever mastering these histories or providing closure.

The first book to explore food allergies in the United States from the perspective of disability and race

Are food allergies disabilities? What structures and systems ensure the survival of some with food allergies and not others? Allergic Intimacies is a groundbreaking critical engagement with food allergies in their cultural representations, advocacy, law, and stories about personal experiences from a disability studies perspective. Author Michael Gill questions the predominantly individualized medical approaches to food allergies, pointing out that these approaches are particularly problematic where allergy testing and treatments are expensive, inconsistent, and inaccessible for many people of color.

This thought-provoking book explores the multiple meanings of food allergies and eating in the United States, demonstrating how much more is at stake than we realize, at a critical time when food allergies are on the rise: An estimated 32 million Americans, including one in thirteen children, have food allergies. Diagnoses of food allergies in children have increased by 50 percent since 1997. Yet as the author makes clear, the whiteness of the food allergy community and single-identity disability theory is inherently limiting and insufficient to address the complex choices that those with food allergies make. Gill argues that racism and ableism create unique precarity for disabled people of color that food allergic communities are only beginning to address. There is a huge disparity in access to testing and treatment, with African American and Latinx children having higher risk of adverse outcomes than white children, including more rates of anaphylaxis. Food allergy professionals have a responsibility to move beyond individualized approaches to more robust coalitional efforts grounded in disability and racial justice to undo these patterns of exclusion.

Allergic Intimacies celebrates the various creative ways food allergic communities are challenging historical and current practice of exclusion, while identifying the depth of work that still needs to be done to shift focus from a white allergic experience toward a more representative understanding of the racial, ethnic, religious, and economic diversity of those in the United States. Gill’s book is a discerning and vital exploration of the key debates about risks, dangers, safety, representations, and political concerns affecting the lives of individuals with food allergies.

The United Nations's groundbreaking Arms Trade Treaty (ATT), which went into effect in 2014, sets legally binding standards to regulate global arms exports and reflects the growing concerns toward the significant role that small and major conventional arms play in perpetuating human rights violations, conflict, and societal instability worldwide. Many countries that once staunchly opposed shared export controls and their perceived threat to political and economic autonomy are now beginning to embrace numerous agreements, such as the ATT and the EU Code of Conduct.

Jennifer L. Erickson explores the reasons top arms-exporting democracies have put aside past sovereignty, security, and economic worries in favor of humanitarian arms transfer controls, and she follows the early effects of this about-face on export practice. She begins with a brief history of failed arms export control initiatives and then tracks arms transfer trends over time. Pinpointing the normative shifts in the 1990s that put humanitarian arms control on the table, she reveals that these states committed to these policies out of concern for their international reputations. She also highlights how arms trade scandals threaten domestic reputations and thus help improve compliance. Using statistical data and interviews conducted in France, Germany, Belgium, the United Kingdom, and the United States, Erickson challenges existing IR theories of state behavior while providing insight into the role of reputation as a social mechanism and the importance of government transparency and accountability in generating compliance with new norms and rules.

The United Nations's groundbreaking Arms Trade Treaty (ATT), which went into effect in 2014, sets legally binding standards to regulate global arms exports and reflects the growing concerns toward the significant role that small and major conventional arms play in perpetuating human rights violations, conflict, and societal instability worldwide. Many countries that once staunchly opposed shared export controls and their perceived threat to political and economic autonomy are now beginning to embrace numerous agreements, such as the ATT and the EU Code of Conduct.

Jennifer L. Erickson explores the reasons top arms-exporting democracies have put aside past sovereignty, security, and economic worries in favor of humanitarian arms transfer controls, and she follows the early effects of this about-face on export practice. She begins with a brief history of failed arms export control initiatives and then tracks arms transfer trends over time. Pinpointing the normative shifts in the 1990s that put humanitarian arms control on the table, she reveals that these states committed to these policies out of concern for their international reputations. She also highlights how arms trade scandals threaten domestic reputations and thus help improve compliance. Using statistical data and interviews conducted in France, Germany, Belgium, the United Kingdom, and the United States, Erickson challenges existing IR theories of state behavior while providing insight into the role of reputation as a social mechanism and the importance of government transparency and accountability in generating compliance with new norms and rules.

Since the publication of Sex Trafficking in 2007, Siddharth Kara has continued to travel across countries and continents, documenting the local factors and economic forces that support sexual slavery worldwide. His riveting encounters with victims and traffickers informed his screenplay for Trafficked (2016), now a major motion picture. The film features familiar figures from Sex Trafficking and the shocking conditions of their exploitation. It also includes cases Kara has uncovered since his book debuted.

This new paperback edition of Sex Trafficking includes a preface by Kara in which he discusses his findings and updates the statistics relating to his business and economic analysis of contemporary slavery. After fifteen years, Kara has recorded nearly 900 cases of sex trafficking in forty-one countries and has helped advise on numerous legal, tactical, and policy efforts for abolishing modern-day slavery across the globe. Sex Trafficking continues to lead as a resource for those hoping to expose this hidden evil and eradicate its practice once and for all.

In 1989, Texas executed Carlos DeLuna, a poor Hispanic man with childlike intelligence, for the murder of Wanda Lopez, a convenience store clerk. His execution passed unnoticed for years until a team of Columbia Law School faculty and students almost accidentally chose to investigate his case and found that DeLuna almost certainly was innocent. They discovered that no one had cared enough about either the defendant or the victim to make sure the real perpetrator was found. Everything that could go wrong in a criminal case did. This book documents DeLuna's conviction, which was based on a single, nighttime, cross-ethnic eyewitness identification with no corroborating forensic evidence. At his trial, DeLuna's defense, that another man named Carlos had committed the crime, was not taken seriously. The lead prosecutor told the jury that the other Carlos, Carlos Hernandez, was a "phantom" of DeLuna's imagination. In upholding the death penalty on appeal, both the state and federal courts concluded the same thing: Carlos Hernandez did not exist.

The evidence the Columbia team uncovered reveals that Hernandez not only existed but was well known to the police and prosecutors. He had a long history of violent crimes similar to the one for which DeLuna was executed. Families of both Carloses mistook photos of each for the other, and Hernandez's violence continued after DeLuna was put to death. This book and its website (thewrongcarlos.net) reproduce law-enforcement, crime lab, lawyer, court, social service, media, and witness records, as well as court transcripts, photographs, radio traffic, and audio and videotaped interviews, documenting one of the most comprehensive investigations into a criminal case in U.S. history.

The result is eye-opening yet may not be unusual. Faulty eyewitness testimony, shoddy legal representation, and prosecutorial misfeasance continue to put innocent people at risk of execution. The principal investigators conclude with novel suggestions for improving accuracy among the police, prosecutors, forensic scientists, and judges.

In 1989, Texas executed Carlos DeLuna, a poor Hispanic man with childlike intelligence, for the murder of Wanda Lopez, a convenience store clerk. His execution passed unnoticed for years until a team of Columbia Law School faculty and students almost accidentally chose to investigate his case and found that DeLuna almost certainly was innocent. They discovered that no one had cared enough about either the defendant or the victim to make sure the real perpetrator was found. Everything that could go wrong in a criminal case did. This book documents DeLuna's conviction, which was based on a single, nighttime, cross-ethnic eyewitness identification with no corroborating forensic evidence. At his trial, DeLuna's defense, that another man named Carlos had committed the crime, was not taken seriously. The lead prosecutor told the jury that the other Carlos, Carlos Hernandez, was a "phantom" of DeLuna's imagination. In upholding the death penalty on appeal, both the state and federal courts concluded the same thing: Carlos Hernandez did not exist.

The evidence the Columbia team uncovered reveals that Hernandez not only existed but was well known to the police and prosecutors. He had a long history of violent crimes similar to the one for which DeLuna was executed. Families of both Carloses mistook photos of each for the other, and Hernandez's violence continued after DeLuna was put to death. This book and its website (thewrongcarlos.net) reproduce law-enforcement, crime lab, lawyer, court, social service, media, and witness records, as well as court transcripts, photographs, radio traffic, and audio and videotaped interviews, documenting one of the most comprehensive investigations into a criminal case in U.S. history.

The result is eye-opening yet may not be unusual. Faulty eyewitness testimony, shoddy legal representation, and prosecutorial misfeasance continue to put innocent people at risk of execution. The principal investigators conclude with novel suggestions for improving accuracy among the police, prosecutors, forensic scientists, and judges.

In October of 2002, a series of sniper attacks paralyzed the Washington Beltway, turning normally placid gas stations, parking lots, restaurants, and school grounds into chaotic killing fields. After the spree, ten people were dead and several others wounded. The perpetrators were forty-one-year-old John Allen Muhammad and his seventeen-year-old protégé, Lee Boyd Malvo.

Called in by the judge to serve on Malvo's defense team, social worker Carmeta Albarus was instructed by the court to uncover any information that might help mitigate the death sentence the teen faced. Albarus met with Malvo numerous times and repeatedly traveled back to his homeland of Jamaica, as well as to Antigua, to interview his parents, family members, teachers, and friends. What she uncovered was the story of a once promising, intelligent young man, whose repeated abuse and abandonment left him detached from his biological parents and desperate for guidance and support. In search of a father figure, Malvo instead found John Muhammad, a veteran of the first Gulf War who intentionally shaped his protégé through a ruthlessly efficient campaign of brainwashing, sniper training, and race hatred, turning the susceptible teen into an angry, raging, and dissociated killer with no empathy for his victims.

In this intimate and carefully documented account, Albarus details the nature of Malvo's tragic attachment to his perceived "hero father," his indoctrination, and his subsequent dissociation. She recounts her role in helping to extricate Malvo from the psychological clutches of Muhammad, which led to a dramatic courtroom confrontation with the man who manipulated and exploited him. Psychologist Jonathan H. Mack identifies and analyzes the underlying clinical psychological and behavioral processes that led to Malvo's dissociation and turn toward serial violence. With this tragic tale, the authors emphasize the importance of parental attachment and the need for positive and loving relationships during the critical years of early childhood development. By closely examining the impact of Lee Boyd Malvo's childhood on his later development, they reach out to parents, social workers, and the community for greater awareness and prevention.

This unprecedented study of sex trafficking, forced labor, organ trafficking, and sex tourism across twenty-four nations highlights the experiences of the victims, perpetrators, and anti-traffickers involved in this brutal trade. Combining statistical data with intimate accounts and interviews, journalist Stephanie Hepburn and justice scholar Rita J. Simon create a dynamic volume sure to educate and spur action.

Hepburn and Simon recount the lives of victims during and after their experience with trafficking, and they follow the activities of traffickers before capture and their outcomes after sentencing. Each chapter centers on the trafficking practices and anti-trafficking measures of a single country: Australia, Brazil, Canada, Chile, China, Colombia, France, Germany, India, Iran, Iraq, Israel, Italy, Japan, Mexico, Niger, Poland, Russia, South Africa, Syria, Thailand, the United Arab Emirates, the United Kingdom, and the United States. Examining these nations' laws, Hepburn and Simon reveal gaps in legislation and enforcement and outline the cultural norms and biases, societal assumptions, and conflicting policies that make trafficking scenarios so pervasive and resilient. This study points out those most vulnerable in each nation and the specific cultural, economic, environmental, and geopolitical factors that contribute to each nation's trafficking issues. Furthermore, the study also highlights common phenomena that governments and international anti-traffickers should consider in their fight against this illicit trade.

In October of 2002, a series of sniper attacks paralyzed the Washington Beltway, turning normally placid gas stations, parking lots, restaurants, and school grounds into chaotic killing fields. After the spree, ten people were dead and several others wounded. The perpetrators were forty-one-year-old John Allen Muhammad and his seventeen-year-old protégé, Lee Boyd Malvo.

Called in by the judge to serve on Malvo's defense team, social worker Carmeta Albarus was instructed by the court to uncover any information that might help mitigate the death sentence the teen faced. Albarus met with Malvo numerous times and repeatedly traveled back to his homeland of Jamaica, as well as to Antigua, to interview his parents, family members, teachers, and friends. What she uncovered was the story of a once promising, intelligent young man, whose repeated abuse and abandonment left him detached from his biological parents and desperate for guidance and support. In search of a father figure, Malvo instead found John Muhammad, a veteran of the first Gulf War who intentionally shaped his protégé through a ruthlessly efficient campaign of brainwashing, sniper training, and race hatred, turning the susceptible teen into an angry, raging, and dissociated killer with no empathy for his victims.

In this intimate and carefully documented account, Albarus details the nature of Malvo's tragic attachment to his perceived "hero father," his indoctrination, and his subsequent dissociation. She recounts her role in helping to extricate Malvo from the psychological clutches of Muhammad, which led to a dramatic courtroom confrontation with the man who manipulated and exploited him. Psychologist Jonathan H. Mack identifies and analyzes the underlying clinical psychological and behavioral processes that led to Malvo's dissociation and turn toward serial violence. With this tragic tale, the authors emphasize the importance of parental attachment and the need for positive and loving relationships during the critical years of early childhood development. By closely examining the impact of Lee Boyd Malvo's childhood on his later development, they reach out to parents, social workers, and the community for greater awareness and prevention.

Refusing to cast gangs in solely criminal terms, Robert J. Durán, a former gang member turned scholar, recasts such groups as an adaptation to the racial oppression of colonization in the American Southwest. Developing a paradigm rooted in ethnographic research and almost two decades of direct experience with gangs, Durán completes the first-ever study to follow so many marginalized groups so intensely for so long, revealing their core characteristics, behavior, and activities within two unlikely American cities.

Durán spent five years in Denver, Colorado, and Ogden, Utah, conducting 145 interviews with gang members, law enforcement officers, prosecutors, and other relevant individuals. From his research, he constructs a comparative outline of the emergence and criminalization of Latino youth groups, the ideals and worlds they create, and the reasons for their persistence. He also underscores the failures of violent gang suppression tactics, which have only further entrenched these groups within the barrio. Encouraging cultural activists and current and former gang members to pursue grassroots empowerment, Durán proposes new solutions to racial oppression that challenge and truly alter the conditions of gang life.

This unprecedented study of sex trafficking, forced labor, organ trafficking, and sex tourism across twenty-four nations highlights the experiences of the victims, perpetrators, and anti-traffickers involved in this brutal trade. Combining statistical data with intimate accounts and interviews, journalist Stephanie Hepburn and justice scholar Rita J. Simon create a dynamic volume sure to educate and spur action.

Hepburn and Simon recount the lives of victims during and after their experience with trafficking, and they follow the activities of traffickers before capture and their outcomes after sentencing. Each chapter centers on the trafficking practices and anti-trafficking measures of a single country: Australia, Brazil, Canada, Chile, China, Colombia, France, Germany, India, Iran, Iraq, Israel, Italy, Japan, Mexico, Niger, Poland, Russia, South Africa, Syria, Thailand, the United Arab Emirates, the United Kingdom, and the United States. Examining these nations' laws, Hepburn and Simon reveal gaps in legislation and enforcement and outline the cultural norms and biases, societal assumptions, and conflicting policies that make trafficking scenarios so pervasive and resilient. This study points out those most vulnerable in each nation and the specific cultural, economic, environmental, and geopolitical factors that contribute to each nation's trafficking issues. Furthermore, the study also highlights common phenomena that governments and international anti-traffickers should consider in their fight against this illicit trade.

Refusing to cast gangs in solely criminal terms, Robert J. Durán, a former gang member turned scholar, recasts such groups as an adaptation to the racial oppression of colonization in the American Southwest. Developing a paradigm rooted in ethnographic research and almost two decades of direct experience with gangs, Durán completes the first-ever study to follow so many marginalized groups so intensely for so long, revealing their core characteristics, behavior, and activities within two unlikely American cities.

Durán spent five years in Denver, Colorado, and Ogden, Utah, conducting 145 interviews with gang members, law enforcement officers, prosecutors, and other relevant individuals. From his research, he constructs a comparative outline of the emergence and criminalization of Latino youth groups, the ideals and worlds they create, and the reasons for their persistence. He also underscores the failures of violent gang suppression tactics, which have only further entrenched these groups within the barrio. Encouraging cultural activists and current and former gang members to pursue grassroots empowerment, Durán proposes new solutions to racial oppression that challenge and truly alter the conditions of gang life.

In fifty years of prosecuting and defending criminal cases in New York City and elsewhere,Michael F. Armstrong has often dealt with cops. For a single two-year span, as chief counsel to the Knapp Commission, he was charged with investigating them. Based on Armstrong's vivid recollections of this watershed moment in law enforcement accountability—prompted by the New York Times's report on whistleblower cop Frank Serpico—They Wished They Were Honest recreates the dramatic struggles and significance of the Commission and explores the factors that led to its success and the restoration of the NYPD's public image.

Serpico's charges against the NYPD encouraged Mayor John Lindsay to appoint prominent attorney Whitman Knapp to chair a Citizen's Commission on police graft. Overcoming a number of organizational, budgetary, and political hurdles, Chief Counsel Armstrong cobbled together an investigative group of a half-dozen lawyers and a dozen agents. Just when funding was about to run out, the "blue wall of silence" collapsed. A flamboyant "Madame," a corrupt lawyer, and a weasely informant led to a "super thief" cop, who was trapped and "turned" by the Commission. This led to sensational and revelatory hearings, which publicly refuted the notion that departmental corruption was limited to only a "few rotten apples."

In the course of his narrative, Armstrong illuminates police investigative strategy; governmental and departmental political maneuvering; ethical and philosophical issues in law enforcement; the efficacy (or lack thereof) of the police's anticorruption efforts; the effectiveness of the training of police officers; the psychological and emotional pressures that lead to corruption; and the effects of police criminality on individuals and society. He concludes with the effects, in today's world, of Knapp and succeeding investigations into police corruption and the value of permanent outside monitoring bodies, such as the special prosecutor's office, formed in response to the Commission's recommendation, as well as the current monitoring commission, of which Armstrong is chairman.

In the debate over U. S. immigration, all sides now support policy and practice that expand the parameters of enforcement. Philip Kretsedemas examines this development from several different perspectives, exploring recent trends in U.S. immigration policy, the rise in extralegal state power over the course of the twentieth century, and discourses on race, nation, and cultural difference that have influenced politics and academia. He also analyzes the recent expansion of local immigration law and explains how forms of extralegal discretionary authority have become more prevalent in federal immigration policy, making the dispersion of local immigration laws possible.

While connecting such extralegal state powers to a free flow position on immigration, Kretsedemas also observes how these same discretionary powers have been used historically to control racial minority populations, particularly African Americans under Jim Crow. This kind of discretionary authority often appeals to "states rights" arguments, recently revived by immigration control advocates. Using these and other examples, Kretsedemas explains how both sides of the immigration debate have converged on the issue of enforcement and how, despite differing interests, each faction has shaped the commonsense assumptions defining the debate.

The 1996 U.S. Immigration Reform and Responsibility Act has led to the forcible deportation of tens of thousands of Dominicans from the United States. Following thousands of these individuals over a seven-year period, David C. Brotherton and Luis Barrios use a unique combination of sociological and criminological reasoning to isolate the forces that motivate emigrants to leave their homeland and then commit crimes in the Unites States violating the very terms of their stay. Housed in urban landscapes rife with gangs, drugs, and tenuous working conditions, these individuals, the authors find, repeatedly play out a tragic scenario, influenced by long-standing historical injustices, punitive politics, and increasingly conservative attitudes undermining basic human rights and freedoms.

Brotherton and Barrios conclude that a simultaneous process of cultural inclusion and socioeconomic exclusion best explains the trajectory of emigration, settlement, and rejection, and they mark in the behavior of deportees the contradictory effects of dependency and colonialism: the seductive draw of capitalism typified by the American dream versus the material needs of immigrant life; the interests of an elite security state versus the desires of immigrant workers and families to succeed; and the ambitions of the Latino community versus the political realities of those designing crime and immigration laws, which disadvantage poor and vulnerable populations. Filled with riveting life stories and uncommon ethnographic research, this volume relates the modern deportee's journey to broader theoretical studies in transnationalism, assimilation, and social control.