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Inside the Castle: Law and the Family in 20th Century America
Par Joanna L. Grossman, Lawrence M. Friedman. 2011
A comprehensive social history of families and family law in twentieth-century AmericaInside the Castle is a comprehensive social history of…
twentieth-century family law in the United States. Joanna Grossman and Lawrence Friedman show how vast, oceanic changes in society have reshaped and reconstituted the American family. Women and children have gained rights and powers, and novel forms of family life have emerged. The family has more or less dissolved into a collection of independent individuals with their own wants, desires, and goals. Modern family law, as always, reflects the brute social and cultural facts of family life.The story of family law in the twentieth century is complex. This was the century that said goodbye to common-law marriage and breach-of-promise lawsuits. This was the century, too, of the sexual revolution and women's liberation, of gay rights and cohabitation. Marriage lost its powerful monopoly over legitimate sexual behavior. Couples who lived together without marriage now had certain rights. Gay marriage became legal in a handful of jurisdictions. By the end of the century, no state still prohibited same-sex behavior. Children in many states could legally have two mothers or two fathers. No-fault divorce became cheap and easy. And illegitimacy lost most of its social and legal stigma. These changes were not smooth or linear—all met with resistance and provoked a certain amount of backlash. Families took many forms, some of them new and different, and though buffeted by the winds of change, the family persisted as a central institution in society. Inside the Castle tells the story of that institution, exploring the ways in which law tried to penetrate and control this most mysterious realm of personal life.From South Africa in the nineteenth century to Hong Kong today, nations around the world, including the United States, have…
turned to guestworker programs to manage migration. These temporary labor recruitment systems represented a state-brokered compromise between employers who wanted foreign workers and those who feared rising numbers of immigrants. Unlike immigrants, guestworkers couldn't settle, bring their families, or become citizens, and they had few rights. Indeed, instead of creating a manageable form of migration, guestworker programs created an especially vulnerable class of labor.Based on a vast array of sources from U.S., Jamaican, and English archives, as well as interviews, No Man's Land tells the history of the American "H2" program, the world's second oldest guestworker program. Since World War II, the H2 program has brought hundreds of thousands of mostly Jamaican men to the United States to do some of the nation's dirtiest and most dangerous farmwork for some of its biggest and most powerful agricultural corporations, companies that had the power to import and deport workers from abroad. Jamaican guestworkers occupied a no man's land between nations, protected neither by their home government nor by the United States. The workers complained, went on strike, and sued their employers in class action lawsuits, but their protests had little impact because they could be repatriated and replaced in a matter of hours.No Man's Land puts Jamaican guestworkers' experiences in the context of the global history of this fast-growing and perilous form of labor migration.The Judge in a Democracy
Par Aharon Barak. 2006
Whether examining election outcomes, the legal status of terrorism suspects, or if (or how) people can be sentenced to death,…
a judge in a modern democracy assumes a role that raises some of the most contentious political issues of our day. But do judges even have a role beyond deciding the disputes before them under law? What are the criteria for judging the justices who write opinions for the United States Supreme Court or constitutional courts in other democracies? These are the questions that one of the world's foremost judges and legal theorists, Aharon Barak, poses in this book. In fluent prose, Barak sets forth a powerful vision of the role of the judge. He argues that this role comprises two central elements beyond dispute resolution: bridging the gap between the law and society, and protecting the constitution and democracy. The former involves balancing the need to adapt the law to social change against the need for stability; the latter, judges' ultimate accountability, not to public opinion or to politicians, but to the "internal morality" of democracy. Barak's vigorous support of "purposive interpretation" (interpreting legal texts--for example, statutes and constitutions--in light of their purpose) contrasts sharply with the influential "originalism" advocated by U.S. Supreme Court Justice Antonin Scalia. As he explores these questions, Barak also traces how supreme courts in major democracies have evolved since World War II, and he guides us through many of his own decisions to show how he has tried to put these principles into action, even under the burden of judging on terrorism.Prison Religion: Faith-Based Reform and the Constitution
Par Winnifred Fallers Sullivan. 2009
More than the citizens of most countries, Americans are either religious or in jail--or both. But what does it mean…
when imprisonment and evangelization actually go hand in hand, or at least appear to? What do "faith-based" prison programs mean for the constitutional separation of church and state, particularly when prisoners who participate get special privileges? In Prison Religion, law and religion scholar Winnifred Fallers Sullivan takes up these and other important questions through a close examination of a 2005 lawsuit challenging the constitutionality of a faith-based residential rehabilitation program in an Iowa state prison. Americans United for the Separation of Church and State v. Prison Fellowship Ministries, a trial in which Sullivan served as an expert witness, centered on the constitutionality of allowing religious organizations to operate programs in state-run facilities. Using the trial as a case study, Sullivan argues that separation of church and state is no longer possible. Religious authority has shifted from institutions to individuals, making it difficult to define religion, let alone disentangle it from the state. Prison Religion casts new light on church-state law, the debate over government-funded faith-based programs, and the predicament of prisoners who have precious little choice about what kind of rehabilitation they receive, if they are offered any at all.Lawmaking is crucial to American democracy because it completely defines and regulates the public life of the nation. Yet despite…
its importance, political scientists spend very little time studying the direct impact that the politics surrounding a particular issue has on lawmaking. The Substance of Representation draws on a vast range of historical and empirical data to better understand how lawmaking works across different policy areas. Specifically, John Lapinski introduces a theoretically grounded method for parsing policy issues into categories, and he shows how policymaking varies in predictable ways based on the specific issue area being addressed. Lapinski examines the ways in which key factors that influence policymaking matter for certain types of policy issues, and he includes an exhaustive look at how elite political polarization shifts across these areas. He considers how Congress behaves according to the policy issue at hand, and how particular areas--such as war, sovereignty issues, and immigration reform--change legislative performance. Relying on records of all Congressional votes since Reconstruction and analyzing voting patterns across policy areas from the late nineteenth to late twentieth centuries, Lapinski provides a comprehensive historical perspective on lawmaking in order to shed light on current practices. Giving a clear picture of Congressional behavior in the policymaking process over time, The Substance of Representation provides insights into the critical role of American lawmaking.Strangers to the Constitution: Immigrants, Borders, and Fundamental Law
Par Gerald L. Neuman. 1996
Gerald Neuman discusses in historical and contemporary terms the repeated efforts of U.S. insiders to claim the Constitution as their…
exclusive property and to deny constitutional rights to aliens and immigrants--and even citizens if they are outside the nation's borders. Tracing such efforts from the debates over the Alien and Sedition Acts in 1798 to present-day controversies about illegal aliens and their children, the author argues that no human being subject to the governance of the United States should be a "stranger to the Constitution."Thus, whenever the government asserts its power to impose obligations on individuals, it brings them within the constitutional system and should afford them constitutional rights. In Neuman's view, this mutuality of obligation is the most persuasive approach to extending constitutional rights extraterritorially to all U.S. citizens and to those aliens on whom the United States seeks to impose legal responsibilities. Examining both mutuality and more flexible theories, Neuman defends some constitutional constraints on immigration and deportation policies and argues that the political rights of aliens need not exclude suffrage. Finally, in regard to whether children born in the United States to illegally present alien parents should be U.S. citizens, he concludes that the Constitution's traditional shield against the emergence of a hereditary caste of "illegals" should be vigilantly preserved.On Settling
Par Robert E. Goodin. 2012
The hidden value of settlingIn a culture that worships ceaseless striving, "settling" seems like giving up. But is it? On…
Settling defends the positive value of settling, explaining why this disdained practice is not only more realistic but more useful than an excessive ideal of striving. In fact, the book makes the case that we'd all be lost without settling—and that even to strive, one must first settle.We may admire strivers and love the ideal of striving, but who of us could get through a day without settling? Real people, confronted with a complex problem, simply make do, settling for some resolution that, while almost certainly not the best that one could find by devoting limitless time and attention to the problem, is nonetheless good enough. Robert Goodin explores the dynamics of this process. These involve taking as fixed, for now, things that we reserve the right to reopen later (nothing is fixed for good, although events might always overtake us). We settle on some things in order to concentrate better on others. At the same time we realize we may need to come back later and reconsider those decisions. From settling on and settling for, to settling down and settling in, On Settling explains why settling is useful for planning, creating trust, and strengthening the social fabric—and why settling is different from compromise and resignation.So, the next time you're faced with a thorny problem, just settle. It's no failure.Law's Dream of a Common Knowledge (The Cultural Lives of Law)
Par Mariana Valverde. 2003
If knowledge is power, then the power of law can be studied through the lens of knowledge. This book opens…
up a substantive new area of legal research--knowledge production--and presents a series of case studies showing that the hybridity and eclecticism of legal knowledge processes make it unfruitful to ask questions such as, "Is law becoming more dominated by science?" Mariana Valverde argues that legal decision making cannot be understood if one counterposes science and technology, on the one hand, to common knowledge and common sense on the other. The case studies of law's flexible collage of knowledges range from determinations of drunkenness made by liquor licensing inspectors and by police, through police testimony in "indecency" cases, to how judges define the "truth" of sexuality and the harm that obscenity poses to communities. Valverde emphasizes that the types of knowledge that circulate in such legal arenas consist of "facts," values, and codes from numerous incompatible sources that combine to produce interesting hybrids with wide-ranging legal and social effects. Drawing on Foucaultian and other analytical tools, she cogently demonstrates that different modes of knowledge, and hence various forms of power, coexist happily. Law's Dream of a Common Knowledge underlines the importance of analyzing dynamically how knowledge formation works. And it helps us to better understand the workings of power and resistance in a variety of contemporary contexts. It will interest scholars and students from disciplines including law, sociology, anthropology, history, and science-and-technology studies as well as those concerned with the particular issues raised by the case studies.Climbing Mount Laurel: The Struggle for Affordable Housing and Social Mobility in an American Suburb
Par Douglas S. Massey, Len Albright, Rebecca Casciano, Elizabeth Derickson, David N. Kinsey. 2013
A close look at the aftereffects of the Mount Laurel affordable housing decisionUnder the New Jersey State Constitution as interpreted…
by the State Supreme Court in 1975 and 1983, municipalities are required to use their zoning authority to create realistic opportunities for a fair share of affordable housing for low- and moderate-income households. Mount Laurel was the town at the center of the court decisions. As a result, Mount Laurel has become synonymous with the debate over affordable housing policy designed to create economically integrated communities. What was the impact of the Mount Laurel decision on those most affected by it? What does the case tell us about economic inequality?Climbing Mount Laurel undertakes a systematic evaluation of the Ethel Lawrence Homes—a housing development produced as a result of the Mount Laurel decision. Douglas Massey and his colleagues assess the consequences for the surrounding neighborhoods and their inhabitants, the township of Mount Laurel, and the residents of the Ethel Lawrence Homes. Their analysis reveals what social scientists call neighborhood effects—the notion that neighborhoods can shape the life trajectories of their inhabitants. Climbing Mount Laurel proves that the building of affordable housing projects is an efficacious, cost-effective approach to integration and improving the lives of the poor, with reasonable cost and no drawbacks for the community at large.Enigmas of Identity
Par Peter Brooks. 2011
From eminent critic Peter Brooks, an exploration of the modern preoccupation with identity"We know that it matters crucially to be…
able to say who we are, why we are here, and where we are going," Peter Brooks writes in Enigmas of Identity. Many of us are also uncomfortably aware that we cannot provide a convincing account of our identity to others or even ourselves. Despite or because of that failure, we keep searching for identity, making it up, trying to authenticate it, and inventing excuses for our unpersuasive stories about it. This wide-ranging book draws on literature, law, and psychoanalysis to examine important aspects of the emergence of identity as a peculiarly modern preoccupation.In particular, the book addresses the social, legal, and personal anxieties provoked by the rise of individualism and selfhood in modern culture. Paying special attention to Rousseau, Freud, and Proust, Brooks also looks at the intersection of individual life stories with the law, and considers the creation of an introspective project that culminates in psychoanalysis.Elegant and provocative, Enigmas of Identity offers new insights into the questions and clues about who we think we are.Starting in the 1970s, conservatives learned that electoral victory did not easily convert into a reversal of important liberal accomplishments,…
especially in the law. As a result, conservatives' mobilizing efforts increasingly turned to law schools, professional networks, public interest groups, and the judiciary--areas traditionally controlled by liberals. Drawing from internal documents, as well as interviews with key conservative figures, The Rise of the Conservative Legal Movement examines this sometimes fitful, and still only partially successful, conservative challenge to liberal domination of the law and American legal institutions. Unlike accounts that depict the conservatives as fiendishly skilled, The Rise of the Conservative Legal Movement reveals the formidable challenges that conservatives faced in competing with legal liberalism. Steven Teles explores how conservative mobilization was shaped by the legal profession, the legacy of the liberal movement, and the difficulties in matching strategic opportunities with effective organizational responses. He explains how foundations and groups promoting conservative ideas built a network designed to dislodge legal liberalism from American elite institutions. And he portrays the reality, not of a grand strategy masterfully pursued, but of individuals and political entrepreneurs learning from trial and error. Using previously unavailable materials from the Olin Foundation, Federalist Society, Center for Individual Rights, Institute for Justice, and Law and Economics Center, The Rise of the Conservative Legal Movement provides an unprecedented look at the inner life of the conservative movement. Lawyers, historians, sociologists, political scientists, and activists seeking to learn from the conservative experience in the law will find it compelling reading.After the collapse of communism, some thirty countries scrambled to craft democratic constitutions. Surprisingly, the constitutional model they most often…
chose was neither the pure parliamentary model found in most of Western Europe at the time, nor the presidential model of the Americas. Rather, it was semi-presidentialism--a rare model known more generally as the "French type." This constitutional model melded elements of pure presidentialism with those of pure parliamentarism. Specifically, semi-presidentialism combined a popularly elected head of state with a head of government responsible to a legislature. Borrowing Constitutional Designs questions the hasty adoption of semi-presidentialism by new democracies. Drawing on rich case studies of two of the most important countries for European politics in the twentieth century--Weimar Germany and the French Fifth Republic--Cindy Skach offers the first theoretically focused, and historically grounded, analysis of semi-presidentialism and democracy. She demonstrates that constitutional choice matters, because under certain conditions, semi-presidentialism structures incentives that make democratic consolidation difficult or that actually contribute to democratic collapse. She offers a new theory of constitutional design, integrating insights from law and the social sciences. In doing so, Skach challenges both democratic theory and democratic practice. This book will be welcomed not only by scholars and practitioners of constitutional law but also by those in fields such as comparative politics, European politics and history, and international and public affairs.Cultivating Conscience: How Good Laws Make Good People
Par Lynn Stout. 2011
How the science of unselfish behavior can promote law, order, and prosperityContemporary law and public policy often treat human beings…
as selfish creatures who respond only to punishments and rewards. Yet every day we behave unselfishly—few of us mug the elderly or steal the paper from our neighbor's yard, and many of us go out of our way to help strangers. We nevertheless overlook our own good behavior and fixate on the bad things people do and how we can stop them. In this pathbreaking book, acclaimed law and economics scholar Lynn Stout argues that this focus neglects the crucial role our better impulses could play in society. Rather than lean on the power of greed to shape laws and human behavior, Stout contends that we should rely on the force of conscience.Stout makes the compelling case that conscience is neither a rare nor quirky phenomenon, but a vital force woven into our daily lives. Drawing from social psychology, behavioral economics, and evolutionary biology, Stout demonstrates how social cues—instructions from authorities, ideas about others' selfishness and unselfishness, and beliefs about benefits to others—have a powerful role in triggering unselfish behavior. Stout illustrates how our legal system can use these social cues to craft better laws that encourage more unselfish, ethical behavior in many realms, including politics and business. Stout also shows how our current emphasis on self-interest and incentives may have contributed to the catastrophic political missteps and financial scandals of recent memory by encouraging corrupt and selfish actions, and undermining society's collective moral compass.This book proves that if we care about effective laws and civilized society, the powers of conscience are simply too important for us to ignore.Philosophy of Law (Princeton Foundations of Contemporary Philosophy #10)
Par Andrei Marmor. 2011
In Philosophy of Law, Andrei Marmor provides a comprehensive analysis of contemporary debates about the fundamental nature of law—an issue…
that has been at the heart of legal philosophy for centuries. What the law is seems to be a matter of fact, but this fact has normative significance: it tells people what they ought to do. Marmor argues that the myriad questions raised by the factual and normative features of law actually depend on the possibility of reduction—whether the legal domain can be explained in terms of something else, more foundational in nature.In addition to exploring the major issues in contemporary legal thought, Philosophy of Law provides a critical analysis of the people and ideas that have dominated the field in past centuries. It will be essential reading for anyone curious about the nature of law.Boilerplate: The Fine Print, Vanishing Rights, and the Rule of Law
Par Margaret Jane Radin. 2012
Why the increasing use of boilerplate is eroding our rightsBoilerplate—the fine-print terms and conditions that we become subject to when…
we click "I agree" online, rent an apartment, enter an employment contract, sign up for a cellphone carrier, or buy travel tickets—pervades all aspects of our modern lives. On a daily basis, most of us accept boilerplate provisions without realizing that should a dispute arise about a purchased good or service, the nonnegotiable boilerplate terms can deprive us of our right to jury trial and relieve providers of responsibility for harm. Boilerplate is the first comprehensive treatment of the problems posed by the increasing use of these terms, demonstrating how their use has degraded traditional notions of consent, agreement, and contract, and sacrificed core rights whose loss threatens the democratic order.Margaret Jane Radin examines attempts to justify the use of boilerplate provisions by claiming either that recipients freely consent to them or that economic efficiency demands them, and she finds these justifications wanting. She argues, moreover, that our courts, legislatures, and regulatory agencies have fallen short in their evaluation and oversight of the use of boilerplate clauses. To improve legal evaluation of boilerplate, Radin offers a new analytical framework, one that takes into account the nature of the rights affected, the quality of the recipient's consent, and the extent of the use of these terms. Radin goes on to offer possibilities for new methods of boilerplate evaluation and control, among them the bold suggestion that tort law rather than contract law provides a preferable analysis for some boilerplate schemes. She concludes by discussing positive steps that NGOs, legislators, regulators, courts, and scholars could take to bring about better practices.On Rumors: How Falsehoods Spread, Why We Believe Them, and What Can Be Done
Par Cass R. Sunstein. 2014
Many of us are being misled. Claiming to know dark secrets about public officials, hidden causes of the current economic…
situation, and nefarious plans and plots, those who spread rumors know precisely what they are doing. And in the era of social media and the Internet, they know a lot about how to manipulate the mechanics of false rumors—social cascades, group polarization, and biased assimilation. They also know that the presumed correctives—publishing balanced information, issuing corrections, and trusting the marketplace of ideas—do not always work. All of us are vulnerable.In On Rumors, Cass Sunstein uses examples from the real world and from behavioral studies to explain why certain rumors spread like wildfire, what their consequences are, and what we can do to avoid being misled. In a new afterword, he revisits his arguments in light of his time working in the Obama administration.Exporting American Dreams: Thurgood Marshall's African Journey
Par Mary L. Dudziak. 2011
Mary Dudziak's Exporting American Dreams tells the little-known story of Thurgood Marshall's work with Kenyan leaders as they fought with…
the British for independence in the early 1960s. Not long after he led the legal team in Brown v. Board of Education, Marshall aided Kenya's constitutional negotiations, as adversaries battled over rights and land--not with weapons, but with legal arguments. Set in the context of Marshall's civil rights work in the United States, this transnational history sheds light on legal reform and social change in the midst of violent upheavals in Africa and America. While the struggle for rights on both continents played out on a global stage, it was a deeply personal journey for Marshall. Even as his belief in the equalizing power of law was challenged during his career as a Supreme Court justice, and in Kenya the new government sacrificed the rights he cherished, Kenya's founding moment remained for him a time and place when all things had seemed possible.The Crisis of American Foreign Policy: Wilsonianism in the Twenty-first Century
Par G. John Ikenberry, Thomas Knock, Anne-Marie Slaughter, Tony Smith. 2008
Was George W. Bush the true heir of Woodrow Wilson, the architect of liberal internationalism? Was the Iraq War a…
result of liberal ideas about America's right to promote democracy abroad? In this timely book, four distinguished scholars of American foreign policy discuss the relationship between the ideals of Woodrow Wilson and those of George W. Bush. The Crisis of American Foreign Policy exposes the challenges resulting from Bush's foreign policy and ponders America's place in the international arena. Led by John Ikenberry, one of today's foremost foreign policy thinkers, this provocative collection examines the traditions of liberal internationalism that have dominated American foreign policy since the end of World War II. Tony Smith argues that Bush and the neoconservatives followed Wilson in their commitment to promoting democracy abroad. Thomas Knock and Anne-Marie Slaughter disagree and contend that Wilson focused on the building of a collaborative and rule-centered world order, an idea the Bush administration actively resisted. The authors ask if the United States is still capable of leading a cooperative effort to handle the pressing issues of the new century, or if the country will have to go it alone, pursuing policies without regard to the interests of other governments. Addressing current events in the context of historical policies, this book considers America's position on the global stage and what future directions might be possible for the nation in the post-Bush era.Making Human Rights a Reality
Par Emilie M. Hafner-Burton. 2013
In the last six decades, one of the most striking developments in international law is the emergence of a massive…
body of legal norms and procedures aimed at protecting human rights. In many countries, though, there is little relationship between international law and the actual protection of human rights on the ground. Making Human Rights a Reality takes a fresh look at why it's been so hard for international law to have much impact in parts of the world where human rights are most at risk. Emilie Hafner-Burton argues that more progress is possible if human rights promoters work strategically with the group of states that have dedicated resources to human rights protection. These human rights "stewards" can focus their resources on places where the tangible benefits to human rights are greatest. Success will require setting priorities as well as engaging local stakeholders such as nongovernmental organizations and national human rights institutions. To date, promoters of international human rights law have relied too heavily on setting universal goals and procedures and not enough on assessing what actually works and setting priorities. Hafner-Burton illustrates how, with a different strategy, human rights stewards can make international law more effective and also safeguard human rights for more of the world population.The Copyright Wars: Three Centuries of Trans-Atlantic Battle
Par Peter Baldwin. 2014
Today's copyright wars can seem unprecedented. Sparked by the digital revolution that has made copyright—and its violation—a part of everyday…
life, fights over intellectual property have pitted creators, Hollywood, and governments against consumers, pirates, Silicon Valley, and open-access advocates. But while the digital generation can be forgiven for thinking the dispute between, for example, the publishing industry and Google is completely new, the copyright wars in fact stretch back three centuries—and their history is essential to understanding today’s battles. The Copyright Wars—the first major trans-Atlantic history of copyright from its origins to today—tells this important story.Peter Baldwin explains why the copyright wars have always been driven by a fundamental tension. Should copyright assure authors and rights holders lasting claims, much like conventional property rights, as in Continental Europe? Or should copyright be primarily concerned with giving consumers cheap and easy access to a shared culture, as in Britain and America? The Copyright Wars describes how the Continental approach triumphed, dramatically increasing the claims of rights holders. The book also tells the widely forgotten story of how America went from being a leading copyright opponent and pirate in the eighteenth and nineteenth centuries to become the world’s intellectual property policeman in the late twentieth. As it became a net cultural exporter and its content industries saw their advantage in the Continental ideology of strong authors’ rights, the United States reversed position on copyright, weakening its commitment to the ideal of universal enlightenment—a history that reveals that today’s open-access advocates are heirs of a venerable American tradition.Compelling and wide-ranging, The Copyright Wars is indispensable for understanding a crucial economic, cultural, and political conflict that has reignited in our own time.