Now updated with new information, Actual Innocence sheds light on “a system that tolerates lying prosecutors, slumbering defense attorneys and sloppy investigators” (Salt Lake Tribune)—revealing the shocking flaws that can derail the legal process and the ways that DNA testing has often shattered so-called solid evidence that condemned American citizens to death.

    Austin's magnum opus tells the very human story of how the social, political, and day-to-day realities of the Indian people have been reflected in and directed the course of constitutional reforms since 1950.

    

    This book explores the historical and theoretical dimensions of this paradox. Divided into two parts, the first section offers an alternative history of natural law, in which natural rights are represented as the eternal human struggle to resist opression and to fight for a society in which people are no longer degraded or despised. At the time of their birth in the 18th Century and again in the popular uprisings of the last decade, human rights became the dominant critique of law and society. The radical rhetoric of rights and its apparently endless expansive potential has led to its adoption by governments and individuals alike seeking to justify their actions on moral grounds and has undermined its radical edge. Part Two examines the philosophical logic of rights. The classical critiques of Kant, Burke, Hegel and Marx illuminate traditional aproaches to the concept of human rights. The work of Heidegger, Sartre and psychoanalysis is used to deconstruct the metaphisical essentialism of bothe universalists and cultural relativists. Finally, through a consideration of the ethics of otherness, and with reference to recent human rights violations, it is argued that the end of human rights is to judge law and politics from a moral stand point which both transcends the present and is historically relevant.

    Under the guise of good intentions, personal liberties as old as the Magna Carta have become casualties in the wars being waged on pollution, drugs, white-collar crime, and all of the other real and imagined social ills. The result: innocent people caught up in a bureaucratic web that destroys lives and livelihoods; businesses shuttered because of victimless infractions; a justice system that values coerced pleas over the search for truth; bullying police agencies empowered to confiscate property without due process. " A devastating indictment of our current system of justice." -- Milton Friedman In this provocative book, Paul Craig Roberts and Lawrence M. Stratton show how the law, which once shielded us from the government, has now become a powerful weapon in the hands of overzealous prosecutors and bureaucrats. Lost is the foundation upon which our freedom rest-- the intricate framework of Constitutional limits that protect our property, our liberty, and our lives. Roberts and Stratton convincingly argue that this abuse of government power doesn't have ideological boundaries. Indeed, conservatives and liberals alike use prosecutors, regulators, and courts to chase after their own favorite " devils, " to seek punishment over justice and expediency over freedom. The authors present harrowing accounts of people both rich and poor, of CEOs and blue-collar workers who have fallen victim to the tyranny of good intentions, who have lost possessions, careers, loved ones, and sometimes even their lives. This book is a sobering wake-up call to reclaim thatwhich is rightly ours-- liberty protected by the rule of law.

    

    Kurland was the William R. Kenan, Jr., Distinguished Service Professor in the College and Professor in the Law School, University of Chicago.Ralph Lerner is the Benjamin Franklin Professor Emeritus in the College, and Professor Emeritus in the Committee on Social Thought, at the University of Chicago.

    In this witty, moving, persuasive, and impeccably researched argument, Wise demonstrates that the cognitive, emotional, and social capacities of these apes entitle them to freedom from imprisonment and abuse.

    Are you a recording artist, songwriter, music business manager, music industry executive, publisher, music/TV/radio journalist, media student, accountant or lawyer? Are you fascinated by the world of the music industry that fills out daily papers? If the answer is yes, Music: The Business will tell you everything you need to know.Fully revised and updated to embrace the new challenges of the Internet downloads, ringtones and the huge changes at the major labels, this indispensable book answers all the questions, demystifies all the jargon, reveals the facts behind the headlines and the real figures underlying those multimillion pound deals, while offering practical and essential help and advice.

    It gives a complete run-down of the stellar, lunar, and solar evolution of our religious systems and contains new, exhaustive research on the gods and our beliefs. The book's main theme centers on the work of Jordan Maxwell. He has become widely known as one of the world's foremost experts on early mythological systems and their influence on both ancient and modern religions. The book also includes an interview with Dr. Alan Snow, referred to by Sydney Ohmarr as the "world's greatest authority on astrology and the Dead Sea Scrolls." Paul Tice also contributes three chapters, the last one explaining how we should revert to the original teachings of religious founders, including Jesus, before they had become corrupted by "organized religion." This book is illustrated, organized, and very comprehensive. Educate yourself with clear documented proof, and prepare to have your belief system shattered!

    This book contains a selection of the essays and addresses written or given by the Senior Law Lord (as a Queen's Bench judge, Lord Justice of Appeal, Master of the Rolls, and Lord Chief Justice of England and Wales) over the last 15 years or so, touching on a wide range of legally-related topics.

    All author royalties from this book will be donated to charity.

    The first edition was adopted as a basic text by military institutions and educational establishments throughout the world and is among the most comprehensive and readable works on the subject. This new third edition brings the content up to date, examinging the significance of the World Court's opinion on the legality of the Israeli' self-defence' wall, as well as the more important judgements of the two United Nations War Crimes Tribunals. It also examines the various problems arising from the "war" against terrorism, as well as the operations against the Tabliban and Iraq, together with consideration of the issues arising from the treatment of those captured in Afghanistan and Iraq. Among the other recent issues analyzed is the Israeli operation against the Hezbollah in Lebanon. The book applies a practical as well as a theorectical approach, and draws on an extensive range of national and international practice. It is thus an indispensable reference for the armed forces and government defence organizations, as well as academics and students interested in the modern law of war. Professor Green has based his text on the draft Manual of Armed Conflict Law he prepared for the Canadian Department of National Defense. The present work is the culmination of many years of study, writing and practical experience of this body of law. This comprehensive work should prove invaluable to such departments around the world, as well as to serving officers, practicing lawyers who have to deal with any aspect of the 'laws of war', and law teachers and their students.

    Given these high stakes, Robert Cooter argues that constitutional theory should trouble itself less with literary analysis and arguments over founders' intentions and focus much more on the real-world consequences of various constitutional provisions and choices. Pooling the best available theories from economics and political science, particularly those developed from game theory, Cooter's economic analysis of constitutions fundamentally recasts a field of growing interest and dramatic international importance.By uncovering the constitutional incentives that influence citizens, politicians, administrators, and judges, Cooter exposes fault lines in alternative forms of democracy: unitary versus federal states, deep administration versus many elections, parliamentary versus presidential systems, unicameral versus bicameral legislatures, common versus civil law, and liberty versus equality rights. Cooter applies an efficiency test to these alternatives, asking how far they satisfy the preferences of citizens for laws and public goods.To answer Cooter contrasts two types of democracy, which he defines as competitive government. The center of the political spectrum defeats the extremes in median democracy, whereas representatives of all the citizens bargain over laws and public goods in bargain democracy. Bargaining can realize all the gains from political trades, or bargaining can collapse into an unstable contest of redistribution. States plagued by instability and contests over redistribution should move towards median democracy by increasing transaction costs and reducing the power of the extremes. Specifically, promoting median versus bargain democracy involves promoting winner-take-all elections versus proportional representation, two parties versus multiple parties, referenda versus representative democracy, and special governments versus comprehensive governments.This innovative theory will have ramifications felt across national and disciplinary borders, and will be debated by a large audience, including the growing pool of economists interested in how law and politics shape economic policy, political scientists using game theory or specializing in constitutional law, and academic lawyers. The approach will also garner attention from students of political science, law, and economics, as well as policy makers working in and with new democracies where constitutions are being written and refined.

    Satisfactory evidence, though not all the evidence, of what the Common Law trial by jury really is'

    An essential for every lawyer's library, this venerable 1891 classic has been completely revised and updated by Bryan Garner, a lawyer with a lifetime passion for language, and includes almost 5,000 new definitions with quotations from important cases.

    It concludes that policies are inadequate for addressing unintended pregnancy and contribute to high abortion rates.

    It sheds light on its functions and the process by which it pursues its stated goals of codifying and developing international law. It also addresses the dearth of systematic analysis of the Commission's work.

    It provides a step-by-step methodology for advising clients involved in exploiting creative works in or from foreign countries. Written by one of the most distinguished scholars of copyright both in the United States and abroad, this volume is a unique synthesis of copyright law and practice, taking into account the Berne Convention, the TRIPs Agreement, and the advent of the Internet. National copyright rules on protectible subject matter, ownership, term, and rights are covered in detail and compared from country to country, as are topics on moral rights and neighboring rights. Separate sections cover such important topics as territoriality, national treatment and choice of law, as well as the treaty and trade arrangements that underlie substantive copyright norms.International Copyright is an indispensable reference work for professionals involved with international intellectual property transactions or litigation. It is essential reading for scholars and for intellectual property practitioners worldwide, yet also uniquely accessible for an American readership.

    Containing nearly thirty essays, the book addresses such topical themes as responses to white feminism; the flashpoint issue of female genital mutilation; the intersections of international law with U.S. law; Third World women in the First World; violence against women; and the global workplace.Broadly representative, the reader addresses the role and status-legal and otherwise-of women in such countries as Cuba, New Zealand, France, Serbia, Nicaragua, Colombia, South Africa, Japan, China, Australia, Ghana, and many others. Authors include: Aziza al-Hibri, Penelope Andrews, Taimie Bryant, Devon Carbado, Mai Chen, Brenda Cossman, Lisa Crooms, Mary Dudziak, Isabelle Gunning, Anna Han, Berta Hern�ndez, Laura Ho, Sharon Hom, Rosemary King, Kiyoko Knapp, Hope Lewis, Martha Morgan, Zorica Mrsevic, Vasuki Nesiah, Leslye Obiora, Gaby Or�-Aguilar, Catherine Powell, Jenny Rivera, Celina Romany, Judy Scales-Trent, Antoinette Sedillo Lopez, J. Clay Smith, and Leti Volpp.

    Aust provides a wealth of examples of the real problems experienced in making and using treaties day by day, not just when a treaty is the subject of a court case. As such it is invaluable to the practitioner. Aust aims to supply the reader with a full and rounded understanding of all aspects of treaties. He avoids technical language as far as possible, making his work, there is plenty to interest and inform law students and teachers (it has established itself as a course book), as well as those specialising in political science, international relations or diplomacy.

    The newly revised second edition of We the Students includes: - New Supreme Court cases along with noteworthy state and federal cases.- More examples and exercises to provide readers with a greater understanding of constitutional law in a way in which they can relate and understand.- Expert commentary about protecting students from bullying.- New or expanded coverage of affirmative action; drug testing; school vouchers, discrimination based on gender, sexual orientation, or citizenship; student disabilities; and religion in school.

    

    Malcolm K. Sparrow shows how the vogue prescriptions for reform (centered on concepts of customer service and process improvement) fail to take account of the distinctive character of regulatory responsibilities—which involve the delivery of obligations rather than just services.In order to construct more balanced prescriptions for reform, Sparrow invites us to reconsider the central purpose of social regulation—the abatement or control of risks to society. He recounts the experiences of pioneering agencies that have confronted the risk-control challenge directly, developing operational capacities for specifying risk-concentrations, problem areas, or patterns of noncompliance, and then designing interventions tailored to each problem. At the heart of a new regulatory craftsmanship, according to Sparrow, lies the central notion, "pick important problems and fix them." This beguilingly simple idea turns out to present enormously complex implementation challenges and carries with it profound consequences for the way regulators organize their work, manage their discretion, and report their performance. Although the book is primarily aimed at regulatory and law-enforcement practitioners, it will also be invaluable for legislators, overseers, and others who care about the nature and quality of regulatory practice, and who want to know what kind of performance to demand from regulators and how it might be delivered. It stresses the enormous benefit to society that might accrue from development of the risk-control art as a core professional skill for regulators.

    Everything he and his parents needed, grocery stores, churches, local businesses, and doctors' offices provided their services in Chinese, but when Kinney entered Elementary School he found that he spoke no English and his teacher spoke no Chinese. How would he ever follow along? Kinney Lau's parents filed a lawsuit on behalf of their son and hundreds of other students in similar situations in the San Francisco school system. They wanted the schools to provide some means for these children to learn . In a landmark decision, the Supreme Court agreed with the Lau family. In San Francisco the bilingual (two-language) approach to learning was implemented. In other places, schools were required to find and implement the best approach for teaching non-English-speaking students.

    Yet until now we have known very little about these critically important persons beyond the caricatured portrayals of corruption and venality left by Qing high officials and elites.Drawing from the rich archival records of Ba county, Sichuan, the author challenges the simplicity of these portrayals by taking us inside the county yamen to provide the first detailed look at local administrative practice from the perspective of those who actually carried it out. Who were the county clerks and runners? How were they recruited, organized, disciplined, and rewarded? What was the economic basis for a career in the yamen? How did clerks and runners view themselves as well as legitimize their role in Qing government? And what impact did their interests and practices have on symbolically laden elements of imperial government such as the magistrate's court?In addressing these questions, the author traverses the disjuncture between statutory regulations and the realities of daily administrative practice, uncovering a realm of informal, semiautonomous, yet highly structured and even rationalized procedures. Although frequently in violation of formal law, this extra-statutory system nevertheless remained an irreducible component of local government under the Qing. Recognizing the centrality of such informal practice to yamen administration forces us to rethink not only traditional assumptions concerning local corruption in the Qing, but also the ways in which we conceptualize the boundaries between state and society in late imperial China.

    As America's fascination with crime and justice has grown, so has attention to the ways in which youthful offenders are charged, tried, and sentenced. While they may once have been viewed as misguided youth, more and more juveniles are being charged as adults and sentenced to adult prisons. Myers questions whether doing so is an effective deterrent for young offenders, if rehabilitation is out of the question, and if youth and society are better served by sending children away to adult prisons rather than juvenile detention facilities. These questions and others are addressed in this careful analysis of the history and evolution of transfer laws that are increasingly prevalent throughout the United States.The move toward charging juvenile delinquents as adult criminals initially coincided with an increase in violent crimes committed by youthful offenders. However, as such policies have grown and expanded, the methods by which youth are formally treated as adults in the criminal justice system have changed. Here, Myers examines the demographic, legal, criminal, and social characteristics of those youth who are waived to adult courts, assessing the nature, use, and effectiveness of punishment and rehabilitation efforts in modern juvenile and criminal justice systems. He concludes that as long as separate juvenile and adult justice systems are maintained, there will be a desire and perceived need for transferring some youth to adult court. However, he suggests that such transfers should be facilitated on a much more limited basis, while greater resources and funding for prevention and early intervention should be implemented to prevent youth from offending in the first place. This controversial topic receives a thorough accounting in this volume, which will open readers' eyes to the realities of juvenile delinquency and its treatment by the criminal justice system.

    a book of signal significance” (The Saturday Review) “gives a vivid picture of (Soviet) courts at work, and therefore, since it is very good reporting, as sharp a picture of (Soviet) life and people... it is an entrancing book.” (The Economist) “The most vivid reportage in years.” —The New Statesman Extraordinary, compelling (and) an inspired achievement,” (The London Listener) it is “the most interesting, perceptive and refreshing book by an American on life in the Soviet Union since time out of mind.” (Newsweek)

    Our lives are complicated by what other people do, and by the harms that flow from our social, economic, and political institutions. Our relations as individuals to these collective harms constitute the domain of complicity. This book examines the relationship between collective responsibility and individual guilt. It presents a rigorous philosophical account of the nature of our relations to the social groups in which we participate, and uses that account in a discussion of contemporary moral theory.

    Lying at the intersection of law, psychology, and philosophy, this emergent field of law scholarship raises some of the most profound and interesting questions at the heart of jurisprudence. For example, what role do emotions ranging from disgust to compassion play in the decision-making processes of judges, lawyers, juries, and clients? What emotions belong in which legal contexts? Is there a hierarchy of emotions, and, if so, through what sources do we identify it? To what extent are emotions subject to change or tutelage? How can we evaluate the role of emotion in such disparate contexts as death sentencing, laws about same sex marriage, hate crime legislation, punitive damages or shaming penalties?Consisting of original essays by leading scholars of law, theology, political science, and philosophy, The Passions of Law contributes to ongoing efforts to humanize law and reveals how this previously unacknowledged aspect of decision-making exerts a much greater impact on justice and the practice of law than most tend, or like, to think.Learn more about Susan Bandes

    Fourteen were eventually sentenced to death, and in the ensuing four years, Andrea's life becam inextricably linked with those of the defendants, as it was to the barrister on the case - Anton Lubowski - who became her closest friend. After the largest court case in South African legal history, 11 defendants had their sentence reduced. Four months after the remaining 14 defendants were sentenced to death by hanging, Anton Lubowski was assassinated.

    Grewe's "Epochen der Volkerrechtsgeschichte," published in 1984, is widely regarded as one of the classic twentieth century works of international law. This revised translation by Michael Byers of Duke University, Durham, North Carolina, makes this important book available to non-German readers for the first time."The Epocs of International Law" provides a theoretical overview and detailed analysis of the history of international law from the Middle Ages, to the Age of Discovery and the Thirty Years War, from Napoleon Bonaparte to the Treaty of Versailles, the Cold War and the Age of the Single Superpower, and does so in a way that reflects Grewe's own experience as one of Germany's leading diplomats and professors of international law.A new chapter, written by Wilhelm G. Grewe and Michael Byers, updates the book to October 1998, making the revised translation of interest to German international layers, international relations scholars and historians as well.Wilhelm G. Grewe was one of Germany's leading diplomats, serving as West German ambassador to Washington, Tokyo and NATO, and was a member of the International Court of Arbitration in The Hague. Subsequently professor of International Law at the University of Freiburg, he remains one of Germany's most famous academic lawyers. Wilhelm G. Grewe died in January 2000.Professor Dr. Michael Byers, Duke University, School of Law, Durham, North Carolina, formerly a Fellow of Jesus College, Oxford, and a visiting Fellow of the Max-Planck-Institute for Comparative Public Law and International Law, Heidelberg."

    Recent theorizing about punishment offers a variety of answers to that question-answers that try to make plausible sense of the idea that punishment is justified as being deserved for past crimes; answers that try to identify some beneficial consequences in terms of which punishment might be justified; as well as abolitionist answers telling us that we should seek to abolish, rather than to justify, criminal punishment.This book begins with a critical survey of recent trends in penal theory, but goes on to develop an original account (based on Duff's earlier Trials and Punishments) of criminal punishment as a mode of moral communication, aimed at inducing repentance, reform, and reconciliation through reparation-an account that undercuts the traditional controversies between consequentialist and retributivist penal theories, and that shows how abolitionist concerns can properly be met by a system of communicative punishments. In developing this account, Duff articulates the liberal communitarian conception of political society (and of the role of the criminal law) on which it depends; he discusses the meaning and role of different modes of punishment, showing how they can constitute appropriate modes of moral communication between political community and its citizens; and he identifies the essential preconditions for the justice of punishment as thus conceived-preconditions whose non-satisfaction makes our own system of criminal punishment morally problematic.Punishment, Communication, and Community offers no easy answers, but provides a rich and ambitious ideal of what criminal punishment could be-an ideal of what criminal punishment cold be-and ideal that challenges existing penal theories as well as our existing penal theories as well as our existing penal practices.

    This extraordinary anthology of autobiographical prison writings brings the reader inside their silent and hidden world. Culled from more than four hundred submissions nationwide, the thirty-six pieces here represent works by a broad spectrum of prisoners: young and old, unknown and infamous, minimum security check forgers and death row inmates. The authors include notorious "Preppie Murderer" Robert Chambers; an elderly truck driver who strangled the woman he professed to love; and a gang member recalling his violent street life. All talk in their own uncensored words about themselves and their families, about their motives and personal demons, about committing crime and doing time. Just as this collection gives prisoners the rare chance to communicate who they are and what went wrong, it also gives the reader a unique opportunity to see convicts not as hardened criminals but as human beings.

    Highly acclaimed, Prison On Trial is the classic critique of prisons and imprisonment: a book for everyone's library shelf and collection. For anyone seeking to understand the modern trend towards locking-up ever more people, it distils the arguments for and against incarceration in a readable, accessible and authoritative way - gaining in status each time prison populations increase across large parts of the world. In this new Third Edition - with its New Preface, Epilogue and other Revisions (plus all the material from earlier editions) - the author expands on the control aspects of prison, the gear change brought about by responses to international terrorism post-September 11 and the London bombings and explains how contemporary events are changing the boundaries of crime and punishment and increasing the risks to civil liberties and the Rule of Law. Thomas Mathiesen also argues for an 'Alternative Public Space' where discussion of serious and fundamental issues of this nature can take place free from the superficial world of knee-jerk reactions from politicians and the entertainment driven needs of the press and media. Prison On Trial distils the arguments for and against imprisonment in a readable, accessible and authoritative way - making Thomas Mathiesen's work a classic for students and other people concerned to understand the real issues. It is as relevant today as when it was first published - arguably more so as policy-making becomes increasingly politicized and true opportunities to influence developments diminish. Mindful of this, Mathiesen recommends an 'alternative public space' where people can engage in valid discussion on the basis of sound information, free from the survival priority of the media - to entertain. Reviews 'Does exactly what it says on the cover: it puts the institition of prison on trial ... this is vitally important ... Retains its place as a leading presentation of the abolitionist case': Prison Service Journal 'A classic for students and other people': Inside Time Author Thomas Mathiesen is Professor of Sociology of Law at the University of Oslo. He was one of the founders of the Norwegian Association for Penal Reform. His widely acclaimed works include The Defences of the Weak (1995), Across the Boundaries of Organizations (1971), The Politics of Abolition (1974), Law, Society and Political Action (1980) and Silently Silenced: Essays on the Creation of Aquiescence in Modern Society (First English Edition, 2004).

    In this definitive work William A. Schabas gives detailed attention to the concept of protected groups, the quantitative dimension of genocide, problems of criminal prosecution, and issues of international judicial cooperations such as extradition. He explores the duty to prevent genocide, and the consequences this may have on the emerging law of humanitarian intervention.

    T. J. Hochstrasser investigates the influence of theories of natural law from Grotius to Kant, with a comparative analysis of important intellectual innovations in ethics and political philosophy. This book assesses the first histories of political thought, giving insights into eighteenth-century natural jurisprudence. Ambitious in range and conceptually sophisticated, it will be of great interest to scholars in history, political thought, law and philosophy.

    This concise volume examines the relationship between law, governance, and economic development and shows the main substantive and procedural legal factors that developing nations must address to promote political stability and economic growth, intended for the general informed reader as well as for policymakers in governments and civil society.

    

    In a pragmatic sense, an examination of the issue of remedies is crucial to civil litigators in that it provides critical insights into specific legal rules and arrangements. From a theoretical perspective, an understanding of the principles governing the choice of remedies and the methods of quantifying damages reveals much about the nature of the common law process. "Remedies: The Law of Damages" is both a succinct handbook for the practitioner and a rich entry point to the study of judge-made law.Unlike other texts, this book takes a functional and interest-based approach to the subject. The book is organized not so much according to whether the cause of action is in tort or contract, but rather according to the remedial purposes pursued and the interests at stake. The first part of the book deals with compensation, providing separate chapters that focus on the way in which courts treat different interests: economic, proprietary, physical, and intangible. Part Two describes the function of other non-compensatory damages such as restitutionary, punitive, and nominal damages. In both cases the authors explain when a particular remedy is most appropriate and how that remedy is formulated and applied once chosen. Part Three of the book looks at the limiting or balancing principles that protect the defendant from undue liability, including rules regarding proof and certainty, remoteness, mitigation of damages, and judicial oversight of remedy stipulation.

    ***Human Rights: Documentary Supplement*** by Louis Henkin, Gerald L. Neuman, Diane F. Orentlicher, and David W. Leebron.

    Part II set also available. Price is for both.

    Wade " is a riveting history of the thorniest ethical debate ever brought before the Supreme Court. this is the bull story behind the struggle of two lawyers, Sarah Weddington and Linda Coffee and their unwed, unemployed, pregnant client Norma McCorvey. In this updated edition Faux details recent challengesand erosions to the decision-including parental consent laws and bans on partial-birth abortions-and illuminates how the ruling has impacted public attitudes and policy.

    In this groundbreaking work, leading philosophers, legal theorists, bioethicists, and policy makers offer incisive looks into the philosophical and moral foundations of disability law and policy.

    The twelve essays in this collection by one of the world's preeminent Kant scholars argue for a radically different account of Kant's ethics. They explore an interpretation of the moral philosophy according to which freedom is the fundamental end of human action, but an end that can only be preserved and promoted by adherence to moral law. Paul Guyer radically revises the traditional interpretation of Kant's moral and political philosophy and shows how Kant's coherent liberalism can guide us in current debates.

    Post argues modern American antidiscrimination law should not be conceived as protecting the transcendental dignity of individual persons but instead as transforming social practices that define and sustain potentially oppressive categories like race or gender. Arguing that the prevailing logic of American antidiscrimination law is misleading, Post lobbies for deploying sociological understandings to reevaluate the antidiscrimination project in ways that would render the law more effective and just. Four distinguished commentators respond to Post’s provocative essay. Each adopts a distinctive perspective. K. Anthony Appiah investigates the philosophical logic of stereotyping and of equality. Questioning whether the law ought to endorse any social practices that define persons, Judith Butler explores the tension between sociological and postmodern approaches to antidiscrimination law. Thomas C. Grey examines whether Post’s proposal can be reconciled with the values of the rule of law. And Reva B. Siegel applies critical race theory to query whether antidiscrimination law’s reshaping of race and gender should best be understood in terms of practices of subordination and stratification. By illuminating the consequential rhetorical maneuvers at the heart of contemporary U.S. antidiscrimination law, Prejudical Appearances forces readers to reappraise the relationship between courts of law and social behavior. As such, it will enrich scholars interested in the relationships between law, rhetoric, postmodernism, race, and gender.

    Free Speech, “The People’s Darling Privilege” refutes this misconception by examining popular struggles for free speech that stretch back through American history. Michael Kent Curtis focuses on struggles in which ordinary and extraordinary people, men and women, black and white, demanded and fought for freedom of speech during the period from 1791—when the Bill of Rights and its First Amendment bound only the federal government to protect free expression—to 1868, when the Fourteenth Amendment sought to extend this mandate to the states. A review chapter is also included to bring the story up to date. Curtis analyzes three crucial political struggles: the controversy that surrounded the 1798 Sedition Act, which raised the question of whether criticism of elected officials would be protected speech; the battle against slavery, which raised the question of whether Americans would be free to criticize a great moral, social, and political evil; and the controversy over anti-war speech during the Civil War. Many speech issues raised by these controversies were ultimately decided outside the judicial arena—in Congress, in state legislatures, and, perhaps most importantly, in public discussion and debate. Curtis maintains that modern proposals for changing free speech doctrine can usefully be examined in the light of this often ignored history. This broader history shows the crucial effect that politicians, activists, ordinary citizens—and later the courts—have had on the American understanding of free speech. Filling a gap in legal history, this enlightening, richly researched historical investigation will be valuable for students and scholars of law, U.S. history, and political science, as well as for general readers interested in civil liberties and free speech.

    It discusses the intricacies of the legal system, showing the blurred distinction between the legal and the non-legal, and the authors provide an insightful contextual analysis of the system and its main protagonists.The authors discuss the police and their powers, the role of the CPS, private policing, the work of non-police agencies, and various methods of alternative dispute resolution, As well as the traditional core areas of the English legal system such as the courts, case law, legal professionals, and the civil and criminal proceedings. Students will find the coverage of the legal profession of particular interest; this text is distinctive in its detailed examination of the role of law schools and law students in the development of the legal profession.With a clear, logical structure, and a wealth of references to take the reader further into the subject, this is a perceptive and wide-ranging study that explains and illuminates this fascinating subject.

    This book analyzes the principal legal institutions that have emerged and assesses the prospects for increasing the rule of law in China.The book first establishes the cultural and institutional context in which legal reforms take place. It traces the main features of pre-Communist Chinese legal tradition, the drastic impact on law of thirty years of Maoist rule, and the extensive changes throughout Chinese society since Mao’s death, notably the rise of the local party-state at the expense of central government power. The book’s analysis begins with the Chinese leadership’s policy toward law, identifying basic ambivalence toward law that makes the Chinese commitment to legality incomplete. It then surveys major developments, emphasizing the creation of new rights, revision of criminal law and procedure, and construction of a nascent administrative law.The book then examines in detail dispute resolution by extrajudicial mediation and the courts. Although mediation is no longer infused with Maoism, it is still used as an instrument to maintain public order. The study of the courts examines court organization, the selection and training of judges, the rise of litigation, the critical influence of localism, and ongoing conflicts between professionalism and a continuing tendency to view the judge as a soldier of the state. The author suggests that the limited role that Chinese courts are today permitted to play combines with the organization of the judicial process and the mentality of the judiciary to make Chinese adjudication more akin to bureaucratic decision making than judging in the West.How should the accomplishments of legal reform and the continuing obstacles to further reform affect U.S. policy toward China? The book concludes by appraising implications for U.S. policy on such issues as human rights, Chinese involvement with the World Trade Organization, and bilateral relations generally. The author argues that U.S. policy makers must neither moralize about the rule of law nor dismiss it as a concept alien to China. They must also curb both optimism and expectations that legal reform will lead to political reform. Chinese law can only grow slowly, no matter how urgently the West may desire quick progress.

    Yet the question of whether the fetus is or is not a person is central in two other policy domains: substance abuse by pregnant women and assaults on pregnant women, especially assaults that cause the death of a fetus.At first glance, all three issues seem similar-all ask the question of how the state should respond to actions that threaten or destroy fetal life. But the response of state and society to each has been very different: while the highly charged debate over abortion rights rages unabated, the other two issues engender no such social or political divisions. And while drug use and third-party fetal killings are universally condemned, "fetal abuse" is a term used only to describe harm that a pregnant woman brings to her own fetus, and not harm brought to it by a third party. Similarly, a great deal of media attention has been paid to such "fetal abuse," while the question of third-party harm has been all but ignored.Is the Fetus a Person? analyzes fetal personhood by examining all of the major areas of the law that could implicitly or explicitly award the fetus such status. Jean Reith Schroedel presents a comprehensive history of fetal protection ideas and policies in America, considering the moral and legal underpinnings of existing laws while paying particular attention to the influence of gender and power relations on their formation. As much a model for future research as a study of the status of the fetus, this book offers an extraordinary examination of one of the most divisive and complex issues of late-twentieth-century American life.

    Perlin reveals a pattern of prejudice against mentally disabled individuals that keeps them from receiving equal treatment under the law. Sanism, like racism, is a prejudice against a minority population. This mostly hidden prejudice against mentally ill people has pervaded Western culture throughout history and continues to affect our culture and legal system. Under the pretext of improving society, a judge, lawyer or fact-finder may rationalize turning a blind eye to faulty evidence and render a sanist decision. The pretext for this testimonial dishonesty is that the end result justifies the means. In cases involving the mentally disabled, these results are founded on the prejudicial belief that the mentally disabled are not responsible for or intelligent enough to deserve full rights of citizenship. Perlin argues that these sanist decisions, rationalized on pretextuality, are much more common than most of us are likely to realize.