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Abortion in America by
With the Supreme Court likely to reverse Roe v. Wade, the landmark abortion decision, American debate appears fixated on clashing rights. The first comprehensive legal history of a vital period, Abortion and the Law in America illuminates an entirely different and unexpected shift in the terms of debate. Rather than simply championing rights, those on opposing sides battled about the policy costs and benefits of abortion and laws restricting it. This mostly unknown turn deepened polarization in ways many have missed. Never abandoning their constitutional demands, pro-choice and pro-life advocates increasingly disagreed about the basic facts. Drawing on unexplored records and interviews with key participants, Ziegler complicates the view that the Supreme Court is responsible for the escalation of the conflict. A gripping account of social-movement divides and crucial legal strategies, this book delivers a definitive recent history of an issue that transforms American law and politics to this day.
Beyond Abortion by
For most Americans today, Roe v. Wade concerns just one thing: the right to choose abortion. But the Supreme Court's decision once meant much more. The justices ruled that the right to privacy encompassed the abortion decision. Grassroots activists and politicians used Roe--and popular interpretations of it--as raw material in answering much larger questions: Is there a right to privacy? For whom, and what is protected? As Mary Ziegler demonstrates, Roe's privacy rationale attracted a wide range of citizens demanding social changes unrelated to abortion. Movements questioning hierarchies based on sexual orientation, profession, class, gender, race, and disability drew on Roe to argue for an autonomy that would give a voice to the vulnerable. So did advocates seeking expanded patient rights and liberalized euthanasia laws. Right-leaning groups also invoked Roe's right to choose, but with a different agenda: to attack government involvement in consumer protection, social welfare, racial justice, and other aspects of American life. In the 1980s, seeking to unify a fragile coalition, the Republican Party popularized the idea that Roe was a symbol of judicial tyranny, discouraging anyone from relying on the decision to frame their demands. But Beyond Abortion illuminates the untapped potential of arguments that still resonate today. By recovering the diversity of responses to Roe, and the legal and cultural battles it energized, Ziegler challenges readers to come to terms with the uncomfortable fact that privacy belongs to no party or cause.
Infocrime by
It has often been said that information is power. This is more true in the information age than ever. The book profiles the tools used by criminal law to protect confidential information. It deals with the essence of information, the varieties of confidential information, and the basic models for its protection within the context of the Internet and social networks. Eli Lederman examines the key prohibitions against collecting protected information, and against using, disclosing, and disseminating it without authorization. The investigation cuts across a broad subject matter to discuss and analyze key topics such as trespassing and peeping, the human body as a source of information, computer trespassing, tracking and collecting personal information in the public space, surveillance, privileged communications, espionage and state secrets, trade secrets, personal information held by others, and profiling and sexting. Infocrime will appeal to graduate and undergraduate scholars and academics in the legal arena, in law schools and schools of communication, and to practicing lawyers with an interest in legal theory and a concern for the protection of the personal realm in a world of increasingly invasive technologies.
Legalizing Cannabis by
Marijuana is the most widely used illegal drug in the world. Over the past couple of decades, several Western jurisdictions have seen reforms in, or changes to, the way cannabis use is being controlled, departing from traditional approaches of criminal prohibition that have dominated cannabis use control regimes for most of the twentieth century. While reform is stalled at the international level, the last decade has seen an acceleration of legislative and regulatory reforms at the local and national levels, with countries no longer willing to bear the human and financial costs of prohibitive policies. Furthermore, legalization models have been implemented in US states, Canada and Uruguay, and are being debated in a number of other countries. These models are providing the world with unique pilot programs from which to study and learn. This book assembles an international who's who of cannabis scholars who bring together the best available evidence and expertise to address questions such as: How should we evaluate the models of cannabis legalization as they have been implemented in several jurisdictions in the past few years? Which scenarios for future cannabis legalization have been developed elsewhere, and how similar/different are they from the models already implemented? What lessons from the successes and failures experienced with the regulation of other psychoactive substances (such as alcohol, tobacco, pharmaceuticals and "legal highs") can be translated to the effective regulation of cannabis markets? This book may appeal to anyone interested in public health policies and drug policy reform and offers relevant insights for stakeholders in any other country where academic, societal or political evaluations of current cannabis policies (and even broader: current drug policies) are a subject of debate.
37 Words by
A sweeping history of the federal legislation that prohibits sex discrimination in education, published on the fiftieth anniversary of Title IX "No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving federal financial assistance." --Title IX's first thirty-seven words By prohibiting sex discrimination in federally funded education, the 1972 legislation popularly known as Title IX profoundly changed the lives of women and girls in the United States, accelerating a movement for equal education in classrooms, on sports fields, and in all of campus life. 37 Words is the story of Title IX. Filled with rich characters--from Bernice Resnick Sandler, an early organizer for the law, to her trans grandchild--the story of Title IX is a legislative and legal drama with conflicts over regulations and challenges to the law. It's also a human story about women denied opportunities, students struggling for an education free from sexual harassment, and activists defying sexist discrimination. These intersecting narratives of women seeking an education, playing sports, and wanting protection from sexual harassment and assault map gains and setbacks for feminism in the last fifty years and show how some women benefit more than others. Award-winning journalist Sherry Boschert beautifully explores the gripping history of Title IX through the gutsy people behind it. In the tradition of the acclaimed documentary She's Beautiful When She's Angry, 37 Words offers a crucial playbook for anyone who wants to understand how we got here and who is horrified by current attacks on women's rights.
Judges As Guardians of Constitutionalism and Human Rights by
There are many challenges that national and supranational judges have to face when fulfilling their roles as guardians of constitutionalism and human rights. This book brings together academics and judges from different jurisdictions in an endeavour to uncover the intricacies of the judicial function. The contributors discuss several points that each represent contemporary challenges to judging: analysis of judicial balancing of conflicting considerations; the nature of courts' legitimacy and its alleged dependence on public support; the role of judges in upholding constitutional values in the times of transition to democracy, surveillance and the fight against terrorism; and the role of international judges in guaranteeing globally recognized fundamental rights and freedoms. This book will be of interest to human rights scholars focusing on the issues of judicial oversight, as well as constitutional law scholars interested in comparative perspectives on the role of judges in different contexts. It will also be useful to national constitutional court judges, and law clerks aiming to familiarise themselves with judicial practices within other jurisdictions. Contributors:A. Abat i Ninet, E. Afsah, C. Ayala, A. Barak, O. Bassok, D.T. Björgvinsson, W. Hoffmann-Riem, D. Hope, D. Jenkins, H. Krunke, TJ McIntyre, M. Scheinin, B. Tuzmukhamedov, G. Ulfstein, A. Usacka
Law 101 by
In each of the first three editions of the bestselling Law 101, Jay Feinman gave readers an upbeat and vivid examination of the American legal system. Since the third edition was published in 2010, much has happened: several key Supreme Court cases have been decided, we've seen sensationalcriminal trials, and the legal system has had to account for the latest developments in Internet law.This fully updated fourth edition of Law 101 accounts for all this and more, as Feinman once again provides a clear introduction to American law. The book covers all the main subjects taught in the first year of law school, and discusses every facet of the American legal tradition, includingconstitutional law, the litigation process, and criminal, property, and contracts law.To accomplish this, Feinman brings in the most noteworthy, infamous, and often outrageous examples and cases. We learn about the case involving scalding coffee that cost McDonald's half a million dollars, the murder trial in Victorian London that gave us the legal definition of insanity, and theepochal decision of Marbury vs. Madison that gave the Supreme Court the power to declare state and federal law unconstitutional. A key to learning about the law is learning legal vocabulary, and Feinman helps by clarifying terms like "due process" and "equal protection," as well as by drawingdistinctions between terms like "murder" and "manslaughter."Above all, though, is that Feinman reveals to readers of all kinds that despite its complexities and quirks, the law is can be understood by everyone. Perfect for students contemplating law school, journalists covering legislature, or even casual fans of "court-television" shows, Law 101 is a clearand accessible introduction to the American legal system.New to this edition:Featured analysis of:* the Obamacare case* Citizens United* the DOMA decision* the Trayvon Martin caseAs well as recent legal developments pertaining to:* online contracting* mortgages* police investigations* criminal sentencing
Law in and As Culture by
There are two oppositional narratives in relation to telling the story of indigenous peoples and minorities in relation to globalization and intellectual property rights. The first, the narrative of Optimism, is a story of the triumphant opening of brave new worlds of commercial integration and cultural inclusion. The second, the narrative of Fear, is a story of the endangerment, mourning, and loss of a traditional culture. While the story of Optimism deploys a rhetoric of commercial mobilization and innovation, the story of Fear emphasizes the rhetoric of preserving something pure and traditional that is dying. Both narratives have compelling rhetorical force, and actually need each other, in order to move their opposing audiences into action. However, as Picart shows, the realities behind these rhetorically framed political parables are more complex than a simple binary. Hence, the book steers a careful path between hope rather than unbounded Optimism, and caution, rather than Fear, in exploring how law functions in and as culture as it contours the landscape of intellectual property rights, as experienced by indigenous peoples and minorities. Picart uses, among a variety of tools derived from law, critical and cultural studies, anthropology and communication, case studies to illustrate this approach. She tracks the fascinating stories of the controversies surrounding the ownership of a Taiwanese folk song; the struggle over control of the Mapuche s traditional land in Chile against the backdrop of Chile s drive towards modernization; the collaboration between the Kani tribe in India and a multinational corporation to patent an anti-fatigue chemical agent; the drive for respect and recognition by Australian Aboriginal artists for their visual expressions of folklore; and the challenges American women of color such as Josephine Baker and Katherine Dunham faced in relation to the evolving issues of choreography, improvisation and copyright. The book also analyzes the cultural conflicts that result from these encounters between indigenous populations or minorities and majority groups, reflects upon the ways in which these conflicts were negotiated or resolved, both nationally and internationally, and carefully explores proposals to mediate such conflicts."
Life Imprisonment by
Life imprisonment has replaced capital punishment as the most common sentence imposed for heinous crimes worldwide. As a consequence, it has become the leading issue in international criminal justice reform. In the first global survey of prisoners serving life terms, Dirk van Zyl Smit and Catherine Appleton argue for a human rights-based reappraisal of this exceptionally harsh punishment. The authors estimate that nearly half a million people face life behind bars, and the number is growing as jurisdictions both abolish death sentences and impose life sentences more freely for crimes that would never have attracted capital punishment. Life Imprisonment explores this trend through systematic data collection and legal analysis, persuasively illustrated by detailed maps, charts, tables, and comprehensive statistical appendices. The central question-can life sentences be just?-is straightforward, but the answer is complicated by the vast range of penal practices that fall under the umbrella of life imprisonment. Van Zyl Smit and Appleton contend that life imprisonment without possibility of parole can never be just. While they have some sympathy for the jurisprudence of the European Court of Human Rights, they conclude that life imprisonment, in many of the ways it is implemented worldwide, infringes on the requirements of justice. They also examine the outliers-states that have no life imprisonment-to highlight the possibility of abolishing life sentences entirely. Life Imprisonment is an incomparable resource for lawyers, lawmakers, criminologists, policy scholars, and penal-reform advocates concerned with balancing justice and public safety.
