Your cart is empty
In the 1960s and 1970s, analogies between sex discrimination and racial injustice became potent weapons in the battle for women s rights, as feminists borrowed rhetoric and legal arguments from the civil rights movement. Serena Mayeri s Reasoning from Race is the first history of this key strategy and its consequences for American law.
Who controls how one's identity is used by others? This legal question, centuries old, demands greater scrutiny in the Internet age. Jennifer Rothman uses the right of publicity-a little-known law, often wielded by celebrities-to answer that question, not just for the famous but for everyone. In challenging the conventional story of the right of publicity's emergence, development, and justifications, Rothman shows how it transformed people into intellectual property, leading to a bizarre world in which you can lose ownership of your own identity. This shift and the right's subsequent expansion undermine individual liberty and privacy, restrict free speech, and suppress artistic works. The Right of Publicity traces the right's origins back to the emergence of the right of privacy in the late 1800s. The central impetus for the adoption of privacy laws was to protect people from "wrongful publicity." This privacy-based protection was not limited to anonymous private citizens but applied to famous actors, athletes, and politicians. Beginning in the 1950s, the right transformed into a fully transferable intellectual property right, generating a host of legal disputes, from control of dead celebrities like Prince, to the use of student athletes' images by the NCAA, to lawsuits by users of Facebook and victims of revenge porn. The right of publicity has lost its way. Rothman proposes returning the right to its origins and in the process reclaiming privacy for a public world.
Throughout its existence the Federal District Court of Nebraska has echoed the dynamics of its time, reflecting the concerns, interests, and passions of the people who have made this state their home. Echo of Its Time explores the court's development, from its inception in 1867 through 1933, tracing the careers of its first four judges: Elmer Dundy, William Munger, Thomas Munger (no relation), and Joseph Woodrough, whose rulings addressed an array of issues and controversies echoing macro-level developments within the state, nation, and world. Echo of Its Time both informs and entertains while using the court's operations as a unique and accessible prism through which to explore broader themes in the history of the state and the nation. The book explores the inner workings of the court through Thomas Munger's personal correspondence, as well as the court's origins and growing influence under the direction of its legendary first judge, Elmer Dundy. Dundy handled many notable and controversial matters and made significant decisions in the field of Native American law, including Standing Bear v. Crook and Elk v. Wilkins. From the turn of the century through 1933 the court's docket reflected the dramatic and rapid changes in state, regional, and national dynamics, including labor disputes and violence, political corruption and Progressive Era reform efforts, conflicts between cattle ranchers and homesteaders, wartime sedition and "slacker" prosecutions, criminal enterprises, and the endless battles between government agents and bootleggers during Prohibition.
Volume II of the Cambridge History of Law in America focuses on the long nineteenth century (1789-1920). It deals with the formation and development of the American state system, the establishment and growth of systematic legal education, the spread of the legal profession, the growing density of legal institutions and their interaction with political and social action, and the development of the modern criminal justice system. We also see how law intertwines with religion, how it becomes ingrained in popular culture, and how it intersects with the worlds of the American military and of international relations The Cambridge History of Law in America has been made possible by the generous support of the American Bar Foundation.
A stunning revision of our founding document's evolving history that forces us to confront anew the question that animated the founders so long ago: What is our Constitution? Americans widely believe that the United States Constitution was created when it was drafted in 1787 and ratified in 1788. But in a shrewd rereading of the Founding era, Jonathan Gienapp upends this long-held assumption, recovering the unknown story of American constitutional creation in the decade after its adoption-a story with explosive implications for current debates over constitutional originalism and interpretation. When the Constitution first appeared, it was shrouded in uncertainty. Not only was its meaning unclear, but so too was its essential nature. Was the American Constitution a written text, or something else? Was it a legal text? Was it finished or unfinished? What rules would guide its interpretation? Who would adjudicate competing readings? As political leaders put the Constitution to work, none of these questions had answers. Through vigorous debates they confronted the document's uncertainty, and-over time-how these leaders imagined the Constitution radically changed. They had begun trying to fix, or resolve, an imperfect document, but they ended up fixing, or cementing, a very particular notion of the Constitution as a distinctively textual and historical artifact circumscribed in space and time. This means that some of the Constitution's most definitive characteristics, ones which are often treated as innate, were only added later and were thus contingent and optional.
Between 1920 and 1933 the issue of prohibition proved to be the
greatest challenge to Canada-U.S. relations. When the United States
adopted national prohibition in 1920--ironically, just as Canada
was abandoning its own national and provincial experiments with
prohibition--U.S. tourists and dollars promptly headed north and
Canadian liquor went south. Despite repeated efforts, Americans
were unable to secure Canadian assistance in enforcing American
prohibition laws until 1930.
Some half million Chinese immigrants settled in the American West in the nineteenth century. In spite of their vital contributions to the economy in gold mining, railroad construction, the founding of small businesses, and land reclamation, the Chinese were targets of systematic political discrimination and widespread violence. This legal history of the Chinese experience in the American West, based on the author's lifetime of research in legal sources all over the West-from California to Montana to New Mexico-serves as a basic account of the legal treatment of Chinese immigrants in the West. The first two essays deal with anti-Chinese racial violence and judicial discrimination. The remainder of the book examines legal precedents and judicial doctrines derived from Chinese cases in specific western states. The Chinese, Wunder shows, used the American legal system to protect their rights and test a variety of legal doctrines, making vital contributions to the legal history of the American West.
Clarence Darrow was one of the most legendary and influential trial lawyers the world has ever seen. Famous for his ability to turn seemingly unwinnable cases his way through his oratory and his uncanny skill at reading the mood of a jury, he was a man whose work inspired impassioned campaigns against the death penalty as well as lavish Hollywood movies. But, despite his success, he also had a troubled life outside the court, and some of his most famous cases came after he himself had been put on trial. Now award-winning writer Donald McRae revisits the three greatest trials which secured Darrow's near-mythic reputation and brings them vividly to life. The public themes which Darrow confronted still resonate powerfully today: sex and murder, religion and science, racism, the media and the law. Written with great intimacy, drama and immediacy, this is a sweeping story which offers piercing insight into one of the most towering and controversial personalities of the twentieth century.
In 2009, Harper's Magazine sent war-crimes expert Lawrence Douglas to Munich to cover the last chapter of the lengthiest case ever to arise from the Holocaust: the trial of eighty-nine-year-old John Demjanjuk. Demjanjuk's legal odyssey began in 1975, when American investigators received evidence alleging that the Cleveland autoworker and naturalized US citizen had collaborated in Nazi genocide. In the years that followed, Demjanjuk was twice stripped of his American citizenship and sentenced to death by a Jerusalem court as "Ivan the Terrible" of Treblinka--only to be cleared in one of the most notorious cases of mistaken identity in legal history. Finally, in 2011, after eighteen months of trial, a court in Munich convicted the native Ukrainian of assisting Hitler's SS in the murder of 28,060 Jews at Sobibor, a death camp in eastern Poland. An award-winning novelist as well as legal scholar, Douglas offers a compulsively readable history of Demjanjuk's bizarre case. The Right Wrong Man is both a gripping eyewitness account of the last major Holocaust trial to galvanize world attention and a vital meditation on the law's effort to bring legal closure to the most horrific chapter in modern history.
The United Nations estimates that four billion people worldwide live outside the protection of the law. These people can be driven from their land, intimidated by violence, and excluded from society. This book is about community paralegals - sometimes called barefoot lawyers - who demystify law and empower people to advocate for themselves. These paralegals date back to 1950s South Africa and are active today in many countries, but their role has largely been ignored by researchers. Community Paralegals and the Pursuit of Justice is the first book on the subject. Focusing on paralegal movements in six countries, Vivek Maru, Varun Gauri, and their coauthors have collected rich, vivid stories of paralegals helping people to take on injustice, from domestic violence to unlawful mining to denial of wages. From these stories emerges evidence of what works and how. The insights in the book will be of immense value in the global fight for universal justice. This title is also available as Open Access.
This groundbreaking collection of essays shows that, from the moment European expansion commenced through to the twentieth century, indigenous peoples from America, Africa, Australia and New Zealand drafted legal strategies to contest dispossession. The story of indigenous resistance to European colonization is well known. But legal resistance has been wrongly understood to be a relatively recent phenomenon. These essays demonstrate how indigenous peoples throughout the world opposed colonization not only with force, but also with ideas. They made claims to territory using legal arguments drawn from their own understanding of a law that applies between peoples - a kind of law of nations, comparable to that being developed by Europeans. The contributors to this volume argue that in the face of indigenous legal arguments, European justifications of colonization should be understood not as an original and originating legal discourse but, at least in part, as a form of counter-claim. Native Claims: Indigenous Law against Empire, 1500-1920 brings together the work of eminent social and legal historians, literary scholars, and philosophers, including Rolena Adorno, Lauren Benton, Duncan Ivison, and Kristin Mann. Their combined expertise makes this volume uniquely expansive in its coverage of a crucial issue in global and colonial history. The various essays treat sixteenth- and seventeenth-century Latin America, seventeenth- and eighteenth-century North America (including the British colonies and French Canada), and nineteenth-century Australasia and Africa. There is no other book that examines the issue of European dispossession of native peoples in such a way.
Oxford's variorum edition of William Blackstone's seminal treatise on the common law of England and Wales offers the definitive account of the Commentaries' development in a modern format. For the first time it is possible to trace the evolution of English law and Blackstone's thought through the eight editions of Blackstone's lifetime, and the authorial corrections of the posthumous ninth edition. Introductions by the general editor and the volume editors set the Commentaries in their historical context, examining Blackstone's distinctive view of the common law, and editorial notes throughout the four volumes assist the modern reader in understanding this key text in the Anglo-American common law tradition. In the final volume of the Commentaries Blackstone presents a comprehensive and critical overview of English criminal law and procedure, prefaced by a discussion of the philosophical and basis of the criminal justice system. His final chapter 'On the Rise, Progress, and Gradual Improvements, of the Laws of England' provides a fitting historical conclusion to the work as a whole.
In the mid-1990s, as public trust in big government was near an all-time low, 80% of Americans told Gallup that they supported the death penalty. Why did people who didn't trust government to regulate the economy or provide daily services nonetheless believe that it should have the power to put its citizens to death? That question is at the heart of Executing Freedom, a powerful, wide-ranging examination of the place of the death penalty in American culture and how it has changed over the years. Drawing on an array of sources, including congressional hearings and campaign speeches, true crime classics like In Cold Blood, and films like Dead Man Walking, Daniel LaChance shows how attitudes toward the death penalty have reflected broader shifts in Americans' thinking about the relationship between the individual and the state. Emerging from the height of 1970s disillusion, the simplicity and moral power of the death penalty became a potent symbol for many Americans of what government could do-and LaChance argues, fascinatingly, that it's the very failure of capital punishment to live up to that mythology that could prove its eventual undoing in the United States.
Brabbling Women takes its title from a 1662 law enacted by Virginia's burgesses, which was intended to offer relief to the "poore husbands" forced into defamation suits because their "brabling" wives had slandered or scandalized their neighbors. To quell such episodes of female misrule, lawmakers decreed that husbands could choose either to pay damages or to have their wives publicly ducked.
But there was more at stake here. By examining women's use of language, Terri L. Snyder demonstrates how women resisted and challenged oppressive political, legal, and cultural practices in colonial Virginia. Contending that women's voices are heard most clearly during episodes of crisis, Snyder focuses on disorderly speech to illustrate women's complex relationships to law and authority in the seventeenth century.
Ordinary women, Snyder finds, employed a variety of strategies to prevail in domestic crises over sexual coercion and adultery, conflicts over women's status as servants or slaves, and threats to women's authority as independent household governors. Some women entered the political forum, openly participating as rebels or loyalists; others sought legal redress for their complaints. Wives protested the confines of marriage; unfree women spoke against masters and servitude. By the force of their words, all strove to thwart political leaders and local officials, as well as the power of husbands, masters, and neighbors. The tactics colonial women used, and the successes they met, reflect the struggles for empowerment taking place in defiance of the inequalities of the colonial period.
With its roots in ancient Greece, Roman law and Christianity, European legal history is the history of a common civilisation. The exchange of legislative models, doctrines and customs within Europe included English common law and has been extensive from the early middle ages to the present time. In this seminal work which spans from the fifth to the twentieth century, Antonio Padoa-Schioppa explores how law was brought to life in the six main phases of European legal history. By analysing a selection of the institutions of private and public law which are most representative of each phase and of each country, he also sheds light on the common features throughout the history of European legal culture. Translated in English for the first time, this new edition has been revised to include the recent developments of the European Union and the legal-historical works of the last decade.
On the way to offering a new analysis of the basis of the Supreme Court's iconic decision in "Brown v. Board of Education, " Jeffrey Hockett critiques an array of theories that have arisen to explain it and Supreme Court decision making generally. Drawing upon justices' books, articles, correspondence, memoranda, and draft opinions, "A Storm over This Court" demonstrates that the puzzle of "Brown"'s basis cannot be explained by any one theory.
Borrowing insights from numerous approaches to analyzing Supreme Court decision making, this study reveals the inaccuracy of the popular perception that most of the justices merely acted upon a shared, liberal preference for an egalitarian society when they held that racial segregation in public education violates the equal protection clause of the Fourteenth Amendment. A majority of the justices were motivated, instead, by institutional considerations, including a recognition of the need to present a united front in such a controversial case, a sense that the Court had a significant role to play in international affairs during the Cold War, and a belief that the Court had an important mission to counter racial injustice in American politics.
"A Storm over This Court" demonstrates that the infusion of justices' personal policy preferences into the abstract language of the Constitution is not the only alternative to an originalist approach to constitutional interpretation. Ultimately, Hockett concludes that the justices' decisions in Brown resist any single, elegant explanation. To fully explain this watershed decision--and, by implication, others--it is necessary to employ a range of approaches dictated by the case in question.
This volume brings together contributions from two separate editors. The first is a collection of texts edited by Peter Clarke that evidence Cardinal Thomas Wolsey's legatine powers to grant dispensations and other papal graces and his exercise of these powers during the 1520s in Henry VIII's realm; these papal favours released Henry's subjects from the rules of canon law in certain instances. The second is a text edited by Michael Questier comprising glosses on and suggested readings of the Elizabethan statute law which imposed treason penalties on Catholic clergy who exercised their office in reconciling to Rome (i.e. absolving from schism and heresy) and on those who availed themselves of this sacramental power. Both contributions illuminate the limits of the law and flexibility in interpreting and applying it and regard the role of Catholic clergy as agents of papal authority in Tudor England before and after the break with Rome.
In "Signposts," Sally E. Hadden and Patricia Hagler Minter have
assembled seventeen essays, by both established and rising
scholars, that showcase new directions in southern legal history
across a wide range of topics, time periods, and locales. The
essays will inspire today's scholars to dig even more deeply into
the southern legal heritage, in much the same way that David
Bodenhamer and James Ely's seminal 1984 work, "Ambivalent Legacy,"
inspired an earlier generation to take up the study of southern
Officials of football's world governing body, FIFA,are arrested in dramatic dawn raids in Switzerland and America. Sport has, once again, encountered the law. From Match Fixing to Murder looks at 101 diverse cases involving sport or sporting personalities that have ended up before courts or tribunals: from the 'body in the trunk 'murder by a former Wimbledon finalist to the fixing of baseball's 1919 World Series; from a transsexual tennis player seeking to play in the women's singles at the US Open to a wife's claim in the divorce courts that 'golf was his mistress'. Written in an entertaining style for the general sports fan,the book includes football's Eric Cantona, Bobby Moore andJohn Terry; Tony Greig and Ian Botham from cricket; golfersTiger Woods and Rory McIlroy; Lewis Hamilton from motor racing; jockeys Lester Piggott and Kieren Fallon; rugby's JPR Williams; and cyclist Lance Armstrong. All have contributed,some reluctantly, to the history of sporting encounters with the law.
Evangelos Raftopoulos explores international negotiation as a structured process of relational governance that generates international common interest between and among international participants and in relation to the international public order. He challenges prescriptive models of negotiation - developed in international relations and positivistic approaches to international law, which artificially separate treaties from negotiation in the name of 'objectivity' - and opens a window for looking at international negotiations from a novel, international law perspective. Using an interdisciplinary approach that incorporates law, philosophy, politics, and linguistics, he proposes a holistic, theoretical model of multilateral international negotiation that not only offers a 'subjective' view of international law in practice but also demonstrates the importance of understanding the horizontal normativity of international ordering. This work should be read by academics and practitioners of international law and negotiations, officials of international organizations, and anyone else interested in international law and international relations.
At the height of the Middle Ages, a peculiar system of perpetual exile--or abjuration--flourished in western Europe. It was a judicial form of exile, not political or religious, and it was meted out to felons for crimes deserving of severe corporal punishment or death. From England to France explores the lives of these men and women who were condemned to abjure the English realm, and draws on their unique experiences to shed light on a medieval legal tradition until now very poorly understood. William Chester Jordan weaves a breathtaking historical tapestry, examining the judicial and administrative processes that led to the abjuration of more than seventy-five thousand English subjects, and recounting the astonishing journeys of the exiles themselves. Some were innocents caught up in tragic circumstances, but many were hardened criminals. Almost every English exile departed from the port of Dover, many bound for the same French village, a place called Wissant. Jordan vividly describes what happened when the felons got there, and tells the stories of the few who managed to return to England, either illegally or through pardons. From England to France provides new insights into a fundamental pillar of medieval English law and shows how it collapsed amid the bloodshed of the Hundred Years' War.
When a thirteen-year-old boy strikes out on his own in 1885, leaving his Civil War-ravaged Mississippi homeland for the wild Red River border land between North Texas and Indian Territory, the American West is a land beyond the reach of the law. Crime thrives in the absence of law officers, courtrooms, judges, and jails. Vigilante justice, the posse, and the hangman's noose fill the void. But by the time the young man - now a veteran outlaw dies by the gun in 1929 after a tempestuous career, the Old West has been largely tamed, its official legal systems firmly in place. In this companion volume to ""Getting Away with Murder on the Texas Frontier"", veteran defense attorney and prosecutor Bill Neal takes readers from Mississippi to the frontiers of West Texas, Indian Territory, New Mexico Territory, and finally the frozen Montana wilderness through a series of linked, true-life tales of crimes and trials. Tracing the struggles of incipient criminal justice in the Southwest through an engaging progression of outlaws and lawmen, plus a host of colorful frontier trial lawyers and judges, Neal reveals how law and society matured together. Virtually an anecdotal textbook, ""From Guns to Gavels"" follows a bloody trail from the Wild West through the decade after World War I, when the gavel-wielding, black-robed Judge Blackstone at last gained ascendancy over Judge Winchester and Judge Lynch.
The Supreme Court's 1919 decision in Schenck vs. the United States is one of the most important free speech cases in American history. Written by Oliver Wendell Holmes, it is most famous for saying that 'shouting fire in a crowded theater' is not protected by the First Amendment. The case itself upheld an espionage conviction, but it also created a much stricter standard for governmental suppression of speech. Over time, the standard Holmes devised made freedom of speech in America a reality rather than merely an ideal. In The Free Speech Century, two of American's leading First Amendment scholars, Geoffrey Stone and Lee Bollinger, have gathered a group of the nation's leading legal scholars (Cass Sunstein, Lawrence Lessig, Laurence Tribe, Kathleen Sullivan, Catherine McKinnon, and others) to evaluate the development of free speech doctrine since Schenk and assess where it might be headed in our post-Snowden era. Since 1919, First Amendment jurisprudence in America has been a signal development in the history of constitutional democracies-remarkable for its level of doctrinal refinement, remarkable for its lateness in coming (in relation to the adoption of the First Amendment), and remarkable for the scope of protection for free expression it has afforded since the 1960s. Since 1919, the degree of judicial engagement with these fundamental rights has grown exponentially. We now have an elaborate set of free speech laws and norms, but as Stone and Bollinger stress, the context is always shifting. New societal threats like terrorism, heightened political sensitivities, and new technologies of communication continually reshape our understanding of what sort of speech should be allowed. Publishing on the one hundredth anniversary of the decision that established free speech as we have come to understand it today, The Free Speech Century will serve as essential overview for anyone interested in how our understanding of the First Amendment transformed over time and why it continues to change to this day.
Is comparative legal history an emerging discipline or a much-needed dialogue between two academic subjects? This research handbook presents the field in a uniquely holistic way, and illustrates how comparative law and legal history are inextricably related. Cementing a solid theoretical grounding for the discipline, legal historians and comparatists place this subject at the forefront of legal science. Comprehensive in coverage, this handbook collates theory and method for comparative legal history, as well as discussing international legal sources and judicial and civil institutions. Particular attention is paid to custom and codification, contracts, civil procedure and ownership. By assessing the evolution of law across European, Asian, African and American environments from the pre-modern era to the nineteenth century, the chapters provide stimulating and enlightening cases of legal history through a comparative lens. A centrepiece for this field of scholarship, this research handbook will be an essential resource for scholars interested in comparative law, legal theory and legal history, from both legal and social science backgrounds.
You may like...
Regsalmanak - 100 Stories Uit Ons…
Gustaf Pienaar Paperback R281 Discovery Miles 2 810
Under Devil's Peak - The Life And Times…
Gavin Cooper Paperback (2)
Licensed to Lie
Sidney Powell Paperback
Bar, Bench & Bullshifters - Cape Tales…
Gerald Friedman, Jeremy Gauntlett Paperback
The Justice Gap - Whatever Happened to…
Steve Hynes, Jon Robins Paperback R435 Discovery Miles 4 350
The Lion & The Thespian - The True Story…
David Bloomberg Paperback (1)
The Land Is Ours - Black Lawyers And The…
Tembeka Ngcukaitobi Paperback (10)
Bourbon Justice - How Whiskey Law Shaped…
Brian F Haara Hardcover
Rule Of Law - A Memoir
Glynnis Breytenbach, Nechama Brodie Paperback (2)
Judges In Conversation - Landmark Human…
N. Rajab Budlender, S. Budlender Paperback