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The United States, and the West in general, has always organized society along bipolar lines. We are either gay or…
straight, male or female, white or not, disabled or not. In recent years, however, America seems increasingly aware of those who defy such easy categorization. Yet, rather than being welcomed for the challenges that they offer, people living the gap are often ostracized by all the communities to which they might belong. Bisexuals, for instance, are often blamed for spreading AIDS to the heterosexual community and are regarded with suspicion by gays and lesbians. Interracial couples are rendered invisible through monoracial recordkeeping that confronts them at school, at work, and on official documents. In Hybrid, Ruth Colker argues that our bipolar classification system obscures a genuine understanding of the very nature of subordination. Acknowledging that categorization is crucial and unavoidable in a world of practical problems and day-to-day conflicts, Ruth Colker shows how categories can and must be improved for the good of all.The Smart Culture: Society, Intelligence, and Law (Critical America #3)
Par Robert Hayman Jr.. 1997
What exactly is intelligence? Is it social achievement? Professional success? Is it common sense? Or the number on an IQ…
test? Interweaving engaging narratives with dramatic case studies, Robert L. Hayman, Jr., has written a history of intelligence that will forever change the way we think about who is smart and who is not. To give weight to his assertion that intelligence is not simply an inherent characteristic but rather one which reflects the interests and predispositions of those doing the measuring, Hayman traces numerous campaigns to classify human intelligence. His tour takes us through the early craniometric movement, eugenics, the development of the IQ, Spearman's "general" intelligence, and more recent works claiming a genetic basis for intelligence differences. What Hayman uncovers is the maddening irony of intelligence: that "scientific" efforts to reduce intelligence to a single, ordinal quantity have persisted--and at times captured our cultural imagination--not because of their scientific legitimacy, but because of their longstanding political appeal. The belief in a natural intellectual order was pervasive in "scientific" and "political" thought both at the founding of the Republic and throughout its nineteenth-century Reconstruction. And while we are today formally committed to the notion of equality under the law, our culture retains its central belief in the natural inequality of its members. Consequently, Hayman argues, the promise of a genuine equality can be realized only when the mythology of "intelligence" is debunked--only, that is, when we recognize the decisive role of culture in defining intelligence and creating intelligence differences. Only culture can give meaning to the statement that one person-- or one group--is smarter than another. And only culture can provide our motivation for saying it. With a keen wit and a sharp eye, Hayman highlights the inescapable contradictions that arise in a society committed both to liberty and to equality and traces how the resulting tensions manifest themselves in the ways we conceive of identity, community, and merit.Anthropology and Law: A Critical Introduction
Par Sally Merry, Mark Goodale. 2017
An introduction to the anthropology of law that explores the connections between law, politics, and technologyFrom legal responsibility for genocide…
to rectifying past injuries to indigenous people, the anthropology of law addresses some of the crucial ethical issues of our day. Over the past twenty-five years, anthropologists have studied how new forms of law have reshaped important questions of citizenship, biotechnology, and rights movements, among many others. Meanwhile, the rise of international law and transitional justice has posed new ethical and intellectual challenges to anthropologists. Anthropology and Law provides a comprehensive overview of the anthropology of law in the post-Cold War era. Mark Goodale introduces the central problems of the field and builds on the legacy of its intellectual history, while a foreword by Sally Engle Merry highlights the challenges of using the law to seek justice on an international scale. The book’s chapters cover a range of intersecting areas including language and law, history, regulation, indigenous rights, and gender. For a complete understanding of the consequential ways in which anthropologists have studied, interacted with, and critiqued, the ways and means of law, Anthropology and Law is required reading.Must We Defend Nazis?: Why the First Amendment Should Not Protect Hate Speech and White Supremacy
Par Richard Delgado, Jean Stefancic. 1997
A controversial argument for reconsidering the limits of free speech Swirling in the midst of the resurgence of neo-Nazi demonstrations,…
hate speech, and acts of domestic terrorism are uncomfortable questions about the limits of free speech. The United States stands apart from many other countries in that citizens have the power to say virtually anything without legal repercussions. But, in the case of white supremacy, does the First Amendment demand that we defend Nazis? In Must We Defend Nazis?, legal experts Richard Delgado and Jean Stefancic argue that it should not. Updated to consider the white supremacy demonstrations and counter-protests in Charlottesville and debates about hate speech on campus and on the internet, the book offers a concise argument against total, unchecked freedom of speech. Delgado and Stefancic instead call for a system of free speech that takes into account the harms that hate speech can inflict upon disempowered, marginalized people. They examine the prevailing arguments against regulating speech, and show that they all have answers. They also show how limiting free speech would work in a legal framework and offer suggestions for activist lawyers and judges interested in approaching the hate speech controversy intelligently. As citizens are confronting free speech in contention with equal dignity, access, and respect, Must We Defend Nazis? puts aside clichés that clutter First Amendment thinking, and presents a nuanced position that recognizes the needs of our increasingly diverse society.Seriatim: The Supreme Court Before John Marshall
Par Scott Gerber. 1998
Seldom has American law seen a more towering figure than Chief Justice John Marshall. Indeed, Marshall is almost universally regarded…
as the "father of the Supreme Court" and "the jurist who started it all." Yet even while acknowledging the indelible stamp Marshall put on the Supreme Court, it is possible--in fact necessary--to examine the pre-Marshall Court, and its justices, to gain a true understanding of the origins of American constitutionalism. The ten essays in this tightly edited volume were especially commissioned for the book, each by the leading authority on his or her particular subject. They examine such influential justices as John Jay, John Rutledge, William Cushing, James Wilson, John Blair, James Iredell, William Paterson, Samuel Chase, Oliver Ellsworth, and Bushrod Washington. The result is a fascinating window onto the origins of the most powerful court in the world, and on American constitutionalism itself.Manifest Destinies, Second Edition: The Making of the Mexican American Race
Par Laura Gómez. 2018
An essential resource for understanding the complex history of Mexican Americans and racial classification in the United States Manifest Destinies…
tells the story of the original Mexican Americans—the people living in northern Mexico in 1846 during the onset of the Mexican American War. The war abruptly came to an end two years later, and 115,000 Mexicans became American citizens overnight. Yet their status as full-fledged Americans was tenuous at best. Due to a variety of legal and political maneuvers, Mexican Americans were largely confined to a second class status. How did this categorization occur, and what are the implications for modern Mexican Americans?Manifest Destinies fills a gap in American racial history by linking westward expansion to slavery and the Civil War. In so doing, Laura E Gómez demonstrates how white supremacy structured a racial hierarchy in which Mexican Americans were situated relative to Native Americans and African Americans alike. Steeped in conversations and debates surrounding the social construction of race, this book reveals how certain groups become racialized, and how racial categories can not only change instantly, but also the ways in which they change over time.This new edition is updated to reflect the most recent evidence regarding the ways in which Mexican Americans and other Latinos were racialized in both the twentieth and early twenty-first centuries. The book ultimately concludes that it is problematic to continue to speak in terms Hispanic “ethnicity” rather than consider Latinos qua Latinos alongside the United States’ other major racial groupings. A must read for anyone concerned with racial injustice and classification today. Listen to Laura Gómez's interviews on The Brian Lehrer Show, Wisconsin Public Radio, Texas Public Radio, and KRWG.Juveniles possess less maturity, intelligence, andcompetence than adults, heightening their vulnerability in the justice system.For this reason, states try juveniles…
in separate courts and use differentsentencing standards than for adults. Yet, when police bring kids in forquestioning, they use the same interrogation tactics they use for adults,including trickery, deception, and lying to elicit confessions or to produceincriminating evidence against the defendants.In Kids, Cops, and Confessions, Barry Feld offers thefirst report of what actually happens when police question juveniles. Drawingon remarkable data, Feld analyzes interrogation tapes and transcripts, policereports, juvenile court filings and sentences, and probation and sentencingreports, describing in rich detail what actually happens in the interrogationroom. Contrasting routine interrogation and false confessions enables police,lawyers, and judges to identify interrogations that require enhanced scrutiny,to adopt policies to protect citizens, and to assure reliability and integrityof the justice system. Feld has produced an invaluable look at how the justicesystem really works.Choice Outstanding Academic Title 2003 Personal rights, such as the right to procreateor notand the right to die generate endless…
debate. This book maps out the legal, political, and ethical issues swirling around personal rights. Howard Ball shows how the Supreme Court has grappled with the right to reproduce and to abort, and takes on the issue of auto-euthanasia and assisted suicide, from Karen Ann Quinlan through Kevorkian and just recently to the Florida case of the woman who was paralyzed by a gunshot from her mother and who had the plug pulled on herself. For the last half of the twentieth century, the justices of the Supreme Court have had to wrestle with new and difficult life and death questions for them as well as for doctors and their patients, medical ethicists, sociologists, medical practitioners, clergy, philosophers, law makers, and judges. The Supreme Court in the Intimate Lives of Americans offers a look at these issues as they emerged and examines the manner in which the men and women of the U.S. Supreme Court addressed them.Forgotten Trials of the Holocaust
Par Michael Bazyler, Frank Tuerkheimer. 2014
In the wake of the Second World War, how were the Allies torespond to the enormous crime of the Holocaust?…
Even in an ideal world, itwould have been impossible to bring all the perpetrators to trial.Nevertheless, an attempt was made to prosecute some. This book uncovers ten “forgotten trials” of the Holocaust,selected from the many Nazi trials that have taken place over the course of thelast seven decades. It showcases how perpetrators of the Holocaust were dealtwith in courtrooms around the world, revealing how differentlegal systems responded to the horrors of the Holocaust. The book provides agraphic picture of the genocidal campaign against the Jews through eyewitnesstestimony and incriminating documents and traces how the public memory of theHolocaust was formed over time.The Communicator's Guide to Media Law and Ethics: A Handbook for Australian Professionals
Par Mark Pearson. 2024
This book offers an introduction to the key legal and ethical topics confronting Australian journalists and strategic communicators both at…
home and internationally and offers a suite of reflective techniques for navigating them. It starts by positioning morals, ethics, and the law in their historical and philosophical frameworks by tracing the evolution of free expression and professional media ethics. Media law and ethics are then contextualized in their modern international human rights framework. Readers are equipped with a skill set for reflecting on the law and ethics of professional media dilemmas – including mindful reflection, the Potter Box, journaling, concept mapping, and discussion. Such approaches are then applied to key topic areas, including free expression; reputation; confidentiality; privacy; justice; intellectual property; national security; discrimination and harassment; and conflicted interests. Each is examined in terms of its philosophical underpinnings, relationship to human rights, professional ethical context, international examples, legal principles, key Australian laws, legal cases, and strategies for applying reflective practice techniques. It concludes on a confident note – imploring communicators to engage in constructive and mindful strategic communication with the authority and confidence that results from a working knowledge of media law and ethics. This handbook is for professional communicators and students in all fields, but particularly in journalism, public relations, corporate communication, media relations, and marketing.Rebels at the Bar: The Fascinating, Forgotten Stories of America’s First Women Lawyers
Par Jill Norgren. 2013
An engaging history of women's rights and the legal profession in the nineteenth centuryLong before Sandra Day O'Connor and Ruth…
Bader Ginsberg earned their positions on the Supreme Court, they were preceded in their goal of legal excellence by several intrepid trailblazers. In Rebels at the Bar, prize-winning legal historian Jill Norgren recounts the life stories of a small group of nineteenth century women who were among the first female attorneys in the United States. Beginning in the late 1860s, these determined rebels pursued the radical ambition of entering the then all-male profession of law. They were motivated by a love of learning. They believed in fair play and equal opportunity. They desired recognition as professionals and the ability to earn a good living. Through a biographical approach, Norgren presents the common struggles of eight women first to train and to qualify as attorneys, then to practice their hard-won professional privilege. Their story is one of nerve, frustration, and courage. This first generation practiced civil and criminal law, solo and in partnership. The women wrote extensively and lobbied on the major issues of the day, but the professional opportunities open to them had limits. They never had the opportunity to wear the black robes of a judge. They were refused entry into the lucrative practices of corporate and railroad law. Although male lawyers filled legislatures and the Foreign Service, presidents refused to appoint these early women lawyers to diplomatic offices and the public refused to elect them to legislatures. Rebels at the Bar expands our understanding of both women’s rights and the history of the legal profession in the nineteenth century. It focuses on the female renegades who trained in law and then, like men, fought considerable odds to create successful professional lives. In this engaging and beautifully written book, Norgren shares her subjects’ faith in the art of the possible. In so doing, she ensures their place in history.Tax Compliance and Risk Management: Perspectives from Central and Eastern Europe (Routledge Research in Tax Law)
Par Piotr Karwat, Katarzyna Kimla-Walenda, Aleksander Werner. 2024
The concept of tax compliance is as old as the tax itself, but staying compliant with tax regulations has become…
increasingly demanding. A changing tax regulatory environment, resulting from regulatory actions of the OECD, the European Union and national governments, poses many problems for tax compliance awareness. This book explores various approaches to improving tax compliance. Starting with the procedures and processes that are at the centre of the debate, it includes the level of tax position security obtained as a result of cooperation between tax administration and an organisation, ending with tax compliance requirements imposed by one-sided action of tax administration. Offering an experience and evidence-based analysis of how tax compliance influences an organisation’s tax and financial position, the issues are examined from both a theoretical and a practical perspective, using empirical research and case studies with an international dimension for illustration. Emphasising a holistic approach to tax compliance and its role in tax risk management within an organisation, this study offers a framework for making the challenging task of tax compliance and risk management more effective and more efficient. Exploring tax compliance focusing on the tax world after the BEPS project and anti-tax evasion and anti-tax avoidance regulatory actions undertaken by the European Union and OECD, the book has a practical focus on tax system design within the organisation and will be of interest to students, researchers and practitioners working in the areas of tax law and tax compliance.The Psychology of Environmental Law (Psychology and the Law)
Par Arden Rowell, Kenworthey Bilz, Linda Demaine. 2021
Offers psychological insights into how people perceive, respond to, value, and make decisions about the environmentEnvironmental law may seem a…
strange space to seek insights from psychology. Psychology, after all, seeks to illuminate the interior of the human mind, while environmental law is fundamentally concerned with the exterior surroundings—the environment—in which people live.Yet psychology is a crucial, undervalued factor in how laws shape people’s interactions with the environment. Psychology can offer environmental law a rich, empirically informed account of why, when, and how people act in ways that affect the environment—which can then be used to more effectively pursue specific policy goals. When environmental law fails to incorporate insights from psychology, it risks misunderstanding and mispredicting human behaviors that may injure or otherwise affect the environment, and misprescribing legal tools to shape or mitigate those behaviors.The Psychology of Environmental Law provides key insights regarding how psychology can inform, explain, and improve how environmental law operates. It offers concrete analyses of the theoretical and practical payoffs in pollution control, ecosystem management, and climate change law and policy when psychological insights are taken into account.Read Peter's Op-ed on Trump's Immigration Ban in The New York TimesThe rise of dual citizenship could hardly have been…
imaginable to a time traveler from a hundred or even fifty years ago. Dual nationality was once considered an offense to nature, an abomination on the order of bigamy. It was the stuff of titanic battles between the United States and European sovereigns. As those conflicts dissipated, dual citizenship continued to be an oddity, a condition that, if not quite freakish, was nonetheless vaguely disreputable, a status one could hold but not advertise. Even today, some Americans mistakenly understand dual citizenship to somehow be “illegal”, when in fact it is completely tolerated. Only recently has the status largely shed the opprobrium to which it was once attached.At Home in Two Countries charts the history of dual citizenship from strong disfavor to general acceptance. The status has touched many; there are few Americans who do not have someone in their past or present who has held the status, if only unknowingly. The history reflects on the course of the state as an institution at the level of the individual. The state was once a jealous institution, justifiably demanding an exclusive relationship with its members. Today, the state lacks both the capacity and the incentive to suppress the status as citizenship becomes more like other forms of membership. Dual citizenship allows many to formalize sentimental attachments. For others, it’s a new way to game the international system. This book explains why dual citizenship was once so reviled, why it is a fact of life after globalization, and why it should be embraced today.The Unpredictable Constitution: Essential Writings And Speeches Of The Scholar-president
Par Norman Dorsen. 2001
The Unpredictable Constitution brings together a distinguished group of U.S. Supreme Court Justices and U.S. Court of Appeals Judges, who…
are some of our most prominent legal scholars, to discuss an array of topics on civil liberties. In thoughtful and incisive essays, the authors draw on decades of experience to examine such wide-ranging issues as how legal error should be handled, the death penalty, reasonable doubt, racism in American and South African courts, women and the constitution, and government benefits. Contributors: Richard S. Arnold, Martha Craig Daughtry, Harry T. Edwards, Ruth Bader Ginsburg, Betty B. Fletcher, A. Leon Higginbotham, Jr., Lord Irvine of Lairg, Jon O. Newman, Sandra Day O'Connor, Richard A. Posner, Stephen Reinhardt, and Patricia M. Wald.It is one of the unspoken truths of the American judicial system that courts go out of their way to…
avoid having to decide important and controversial issues. Even the Supreme Court from which the entire nation seeks guidance frequently engages in transparent tactics to avoid difficult, politically sensitive cases. The Court's reliance on avoidance has been inconsistent and at times politically motivated. For example, liberal New Deal Justices, responding to the activism of a conservative Court, promoted deference to Congress and the presidency to protect the Court from political pressure. Likewise, as the Warren Court recognized new constitutional rights, conservative judges and critics praised avoidance as a foundational rule of judicial restraint. And as conservative Justices have constituted the majority on the Court in recent years, many liberals and moderates have urged avoidance, for fear of disagreeable verdicts. By sharing the stories of litigants who struggled unsuccessfully to raise before the Supreme Court constitutional matters of the utmost importance from the 1970s-1990s, Playing it Safe argues that judges who fail to exercise their power in hard cases in effect abdicate their constitutional responsibility when it is needed most, and in so doing betray their commitment to neutrality. Lisa Kloppenberg demonstrates how the Court often avoids socially sensitive cases, such as those involving racial and ethnic discrimination, gender inequalities, abortion restrictions, sexual orientation discrimination, and environmental abuses. In the process, the Court ducks its responsibility to check the more politically responsive branches of government when "majority rule" pushes the boundaries of constitutional law. The Court has not used these malleable doctrines evenhandedly: it has actively shielded states from liability and national oversight, and aggressively expanded standing requirements to limit the role of federal courts.In this unique volume, James Hackney invites readers toenter the minds of 10 legal experts that in the late 20th…
century changed theway we understand and use theory in law today. True to the title of the book,Hackney spent hours in conversation with legal intellectuals, interviewing themabout their early lives as thinkers and scholars, their contributions toAmerican legal theory, and their thoughts regarding some fundamentaltheoretical questions in legal academe, particularly the law/politics debate. LegalIntellectuals in Conversation is a veritable “Who’sWho” of legal thought, presented in a sophisticated yetintimate manner.The Psychology of Tort Law (Psychology and the Law #2)
Par Jennifer Robbennolt, Valerie Hans. 2016
Tort law regulates most human activities: from driving a car to using consumer products to providing or receiving medical care.…
Injuries caused by dog bites, slips and falls, fender benders, bridge collapses, adverse reactions to a medication, bar fights, oil spills, and more all implicate the law of torts. The rules and procedures by which tort cases are resolved engage deeply-held intuitions about justice, causation, intentionality, and the obligations that we owe to one another. Tort rules and procedures also generate significant controversy—most visibly in political debates over tort reform.The Psychology of Tort Law explores tort law through the lens of psychological science. Drawing on a wealth of psychological research and their own experiences teaching and researching tort law, Jennifer K. Robbennolt and Valerie P. Hans examine the psychological assumptions that underlie doctrinal rules. They explore how tort law influences the behavior and decision-making of potential plaintiffs and defendants, examining how doctors and patients, drivers, manufacturers and purchasers of products, property owners, and others make decisions against the backdrop of tort law. They show how the judges and jurors who decide tort claims are influenced by psychological phenomena in deciding cases. And they reveal how plaintiffs, defendants, and their attorneys resolve tort disputes in the shadow of tort law. Robbennolt and Hans here shed fascinating light on the tort system, and on the psychological dynamics which undergird its functioning.In Defense of Single-Parent Families
Par Nancy Dowd. 1999
Single-parent families succeed. Within these families children thrive, develop, and grow, just as they do in a variety of family…
structures. Tragically, they must do so in the face of powerful legal and social stigma that works to undermine them. As Nancy E. Dowd argues in this bold and original book, the justifications for stigmatizing single-parent families are founded largely on myths, myths used to rationalize harshly punitive social policies. Children, in increasing numbers, bear the brunt of those policies. In this generation, more than two-thirds of all children will spend some time in a single-parent family before reaching age 18. The damage done in the name of justified stigma, therefore, harms a great many children. Dowd details the primary justifications for stigmatizing single-parent families, marshalling an impressive array of resources about single parents that portray a very different picture of these families. She describes them in all their forms, with particular attention to the differential treatment given never-married and divorced single parents, and to the impact of gender, race, and class. Emphasizing that all families face significant conflicts between work and family responsibilities, Dowd argues many two-parent families, in fact, function as single-parent caregiving households. The success or failure of families, she contends, has little to do with form. Many of the problems faced by single-parent families mirror problems faced by all families. Illustrating the harmful impact of current laws concerning divorce, welfare, and employment, Dowd makes a powerful case for centering policy around the welfare and equality of all children. A thought-provoking examination of the stereotypes, realities and possibilities of single-parent families, In Defense of Single-Parent Families asks us to consider the true purpose or goal of a family.Winner, 2020 ACJS Outstanding Book Award, given by the Academy of Criminal Justice SciencesA major statement on the juvenile justice…
system by one of America’s leading expertsThe juvenile court lies at the intersection of youth policy and crime policy. Its institutional practices reflect our changing ideas about children and crime control. The Evolution of the Juvenile Court provides a sweeping overview of the American juvenile justice system’s development and change over the past century. Noted law professor and criminologist Barry C. Feld places special emphasis on changes over the last 25 years—the ascendance of get tough crime policies and the more recent Supreme Court recognition that “children are different.”Feld’s comprehensive historical analyses trace juvenile courts’ evolution though four periods—the original Progressive Era, the Due Process Revolution in the 1960s, the Get Tough Era of the 1980s and 1990s, and today’s Kids Are Different era. In each period, changes in the economy, cities, families, race and ethnicity, and politics have shaped juvenile courts’ policies and practices. Changes in juvenile courts’ ends and means—substance and procedure—reflect shifting notions of children’s culpability and competence.The Evolution of the Juvenile Court examines how conservative politicians used coded racial appeals to advocate get tough policies that equated children with adults and more recent Supreme Court decisions that draw on developmental psychology and neuroscience research to bolster its conclusions about youths’ reduced criminal responsibility and diminished competence. Feld draws on lessons from the past to envision a new, developmentally appropriate justice system for children. Ultimately, providing justice for children requires structural changes to reduce social and economic inequality—concentrated poverty in segregated urban areas—that disproportionately expose children of color to juvenile courts’ punitive policies.Historical, prescriptive, and analytical, The Evolution of the Juvenile Court evaluates the author’s past recommendations to abolish juvenile courts in light of this new evidence, and concludes that separate, but reformed, juvenile courts are necessary to protect children who commit crimes and facilitate their successful transition to adulthood.