Georgia Law - Alexander Campbell King Law Library

Featured Acquisitions - August 2006

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Legal Pluralism in Conflict:  Coping with Cultural Diversity in Law by Prakash Shah
London ; Portland, Or. : Glass House Press, 2005
K236 .S53 2005

Legal Pluralism in Conflict offers a new theoretical perspective for conceptualising and analysing the relationship between ethnic minority laws and the official legal order.

Examining the limits of liberal legal thought in light of a contemporary plurality of ethnic identifications and religious beliefs, Prakash Shah takes up the case for a "legal pluralism" that views ethnic minority laws in interaction with the official British legal order. This form of legal pluralism is not, however, without conflict. This book pursues a series of case studies that critically consider why and how state laws marginalise ethnic minority legal orders. Legal Pluralism In Conflict contains discussions of the recognition of polygamous marriages, homicide, the expertise provided in immigration cases and the legal discourse of nationality. It is in this engagement with some of the most challenging issues posed by the diverse character of modern society that its author sets out an alternative course for ethnic minority legal studies.

Legal Pluralism In Conflict will be invaluable to students and researchers concerned with law's relationship to and treatment of ethnic and religious diversity, as well as to those with wider interests in the limits and possibilities of political pluralism.

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How Free Can Religion Be? by Randall P. Bezanson
Urbana : University of Illinois Press, c2006
KF4865 .B49 2006

Randall P. Bezanson's How Free Can Religion Be? explores the Supreme Court's varied history of interpreting the religious guarantees outlined in the First Amendment. The book discusses eight provocative Supreme Court decisions to track the evolution of Free Exercise and Establishment Clause doctrine, focusing on the court's shift from strict separation of church and state to a position where the government accommodates and even fosters religion.

Understanding the First Amendment as a complex stew of untested political theory, fear of unlimited central government, universal acceptance of Christianity, uncertain ideas about liberty, and the backbone of a secular democracy, Bezanson evaluates the way that the Supreme Court has invoked historical perspectives to follow the shifting threads of judicial theory through a series of detailed case studies. Beginning with cases in the latter half of the nineteenth century, the cases present new problems and revisit some old ones as well: the Mormon Church's claimed belief in polygamy; state support for religious schools; the teaching of evolution and creationism in public schools; Amish claims for exemption from compulsory education laws; comparable claims for Native American religion in relation to drug laws; and rights of free speech and equal access by religious groups in colleges and public schools.

Historical but not a work of history, How Free Can Religion Be? invites readers into a rewarding examination of the contested and ever-changing role and meaning of religion in America. Rather than aiming at conclusions about whether the Court's varied enforcment of the First Amendment's ambiguously worded guarantees is right or wrong, Bezanson instead works to identify the principles underlying the changes. Using transcripts of oral arguments before the Supreme Court accompanied by his own editorial narration, he engages the reader in a revealing Socratic discussion of the issues and encourages them to draw their own conclusions.

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People, Property or Pets? by edited by Marc D. Hauser, Fiery Cushman and Matthew Kamen
West Lafayette, Ind. : Purdue University Press, c2006
KF390.5.A5 P46 2006 Balcony

What's the difference between owning a painting, a dog, or a young child? For starters, you can't own a child, but you are legally responsible for their care. You can own a painting and a dog; both fall under the jurisdiction of the law and in particular, property rights. But why should a dog, man's best friend, an animal with a mind and emotions, fall under the same general category as a painting? Juxtaposed in this way, the question seems silly. How could the law be so foolish? Can't lawyers see the difference? Why shouldn't dogs end up in the same category as young children, a category of living things that require our care? If the law recognized dogs, along with cats, cows, mice, monkeys, birds, and flies as requiring legal guardianship, this would have radical consequences for how we live our lives. We couldn't keep animals in zoos, couldn't eat them, use their fur to keep warm, or test them with drugs to improve our own health. Their lives would be different, and so would ours.

This book explores these issues, but does so in a fresh new way. Rather than engage the debate from the perspective of a single voice, or the combination of voices from different experts, we present a set of essays from a lawyer philosopher, biochemist, psychologist, and animal scientist, together with a group of educated students engaged in the debate. The essays are set up to present both sides, some adopting arguments in favor of a shift to legal guardianship, while others support their status as property. Experts in the field will be engaged by the subtle issues surrounding this debate, while educators will find the student essays refreshing and of interest in class room seminars.

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The Antiquities Act:  A Century of American Archaeology, Historic Preservation, and Nature Conservation  Edited by David Harmon, Francis P. McManamon, and Dwight T. Pitcaithley
Tucson : University of Arizona Press, c2006
KF4310 .A96 2006 Balcony

Enacted in 1906, the Antiquities Act is one of the most important pieces of conservation legislation in American history and has had a far-reaching influence on the preservation of our nation's cultural and natural heritage. Thanks to the foresight of thirteen presidents, parks as diverse as Acadia, Grand Canyon, and Olympic National Park, along with historic and archaeological sites such as Thomas Edison's Laboratory and the Gila Cliff Dwellings, have been preserved for posterity.

A century after its passage, this book presents a definitive assessment of the Antiquities Act and its legacy, addressing the importance and breadth of the act - as well as the controversy it has engendered. Authored by professionals intimately involved with safeguarding the nation's archaeological, historic, and natural heritage, it describes the applications of the act and assesses its place in our country's future. With a scope as far-reaching as the resources the act embraces, this book offers an unparalleled opportunity for today's stewards to reflect on the act's historic accomplishments, to remind fellow professionals and the general public of its continuing importance, and to look ahead to its continuing implementation in the twenty-first century. The Antiquities Act invites all who love America's natural and cultural treasures not only to learn about the act's rich legacy but also to envision its next hundred years.

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Whose Body is it Anyway?  Justice and the Integrity of the Person  by  Cecile Fabre
Oxford ; Clarendon Press ; Oxford ; New York : Oxford University Press, 2006
K627 .F33 2006 Balcony

In the prevailing liberal ethos, if there is one thing that is beyond the reach of others, it is our body in particular, and our person in general: our legal and political tradition is such that we have the right to deny others access to our person and body, even though doing so would harm those who need personal services from us, or body parts. However, we lack the right to use ourselves as we wish in order to raise income, even though we do not necessarily harm others by doing so--even though we might in fact benefit them by doing so.

Cecile Fabre's aim in this book is to show that, according to the principles of distributive justice which inform most liberal democracies, both in practice and in theory, it should be exactly the other way around: that is, if it is true that we lack the right to withhold access to material resources from those who need them, we also lack the right to withhold access to our person from those who need it; but we do, under some circumstances, have the right to decide how to use it in order to raise income.

Thus, the book argues for a highly qualified right to personal integrity. In so far as those who might need our body parts and personal services sometimes have a right to them, our right to personal integrity does not include a right to the exclusive use of our person; however, it does include, under some conditions, a right to sell some of our body parts, and lease ourselves out for sexual and reproductive purposes.

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Legal Feminism:  Activism, Lawyering & Legal Theory by Ann Scales
New York : New York University Press, c2006
K349 .S296 2006

In the late 1970s, feminist scholars and activists joined together to build a movement aimed at bringing feminist theory and experiences to the practice and teaching of American law. Since then, the feminist jurisprudence movement has taken root, with courts and legislatures addressing matters of sex and gender inequality, and law schools employing feminist and post-feminist theory in the classroom. In this important book, Ann Scales, a founding contributor to the movement, reflects on the past, present, and future of feminist jurisprudence.

Legal Feminism situates the feminist jurisprudence movement within the larger context of Western law and philosophy, focusing first on common problem areas of legal theory and decision-making, and then explaining how feminist jurisprudence can analyze and address these issues in new ways. Throughout, Scales draws on legal disputes to show how feminist theory works in the courtroom and in other real-life arenas.

Part personal memoir, part primer, and part treatise, Legal Feminism is a de-jargonized, lively account of how feminist jurisprudence can solve traditional legal conflicts, and why it matters to anyone committed to building an equitable and progressive society.

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Rediscovering a Lost Freedom:  The First Amendment Right to Censor Unwanted Speech  by Patrick M. Garry
New Brunswick, N.J. : Transaction Publishers, c2006
KF4775 .G37 2006 Balcony

Since ratification of the First Amendment in the late eighteenth century, there has been a sea change in American life. When the amendment was ratified, individuals were almost completely free of unwanted speech; but today they are besieged by it. Indeed, the First Amendment has, for all practical purposes, been commandeered by the media to justify intrusions of offensive speech into private life.

In its application, the First Amendment has become one-sided. Even though America is virtually drowning in speech, the First Amendment only applies to the speaker's delivery of speech. Left out of consideration is the one participant in the communications process who is the most vulnerable and least protected -- the helpless recipient of offensive speech. In Rediscovering a Lost Freedom, Patrick Garry addresses what he sees as the most pressing speech problem of the twenty-first century: an often irresponsible media using the First Amendment as a shield behind which to hide its socially corrosive speech. To Garry, the First Amendment should protect the communicative process as a whole. And for this process to be free and open, listeners should have as much right to be free from unwanted speech as speakers do of not being thrown in jail for uttering unpopular ideas.

Rediscovering a Lost Freedom seeks to modernize the First Amendment. With other constitutional rights, changed circumstances have prompted changes in the law. Restrictions on political advertising seek to combat the perceived influences of big money; the Second Amendment right to bear arms, due to the prevalence of violence in America, has been curtailed; and the Equal Protection clause has been altered to permit affirmative action programs aimed at certain racial and ethnic groups. But when it comes to the flood of violent and vulgar media speech, there has been no change in First Amendment doctrines. This work proposes a government-facilitated private right to censor. Rediscovering a Lost Freedom will be of interest to students of American law, history, and the U.S. Constitution.

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Gay Marriage:  For Better or for Worse?  What We've Learned from the Evidence by William N. Eskridge, Jr. and Darren R. Spedale
Oxford [England] ; New York : Oxford University Press, 2006
K699 .E85 2006

As gay marriage has moved to the forefront of political discourse in the United States, its proponents and opponents have vastly different views of the effects such unions would have on society. While proponents suggest they would not lead to problems, opponents of same-sex marriage often claim that it would lead to the downfall of the institution of marriage and would harm children. Traditionalists have recently based this latter "defense-of-marriage" argument upon the experiences of foreign countries - particularly the Scandinavian countries, where same-sex couples have enjoyed the rights and benefits of marriage since 1989.

Gay Marriage: For Better or For Worse?
is the first book to present empirical evidence about the effects of same-sex marriage, based on almost two decades worth of data and experience from the Nordic countries. Darren R. Spedale and William N. Eskridge, Jr. look at how same-sex marriage (in the form of registered partnerships) came to be in Scandinavia; who is getting married and why they are tying the knot; the Church's reception to same-sex unions; and how same-sex marriage has affected the couples, their families, their children, and their greater communities, both nationally and internationally.

Spedale and Eskridge find that the defense-of-marriage argument is inconsistent with the Scandinavian evidence. In no way has marriage in the Nordic countries suffered from legalization of same-sex unions; if anything, it has benefited. If we look at the proof from abroad, we must conclude that the sanctioning of gay marriage in the United States would neither undermine marriage as an institution nor harm the well-being of our nation's children.

Tackling the issue of gay marriage outside of the heated realm of ideology, Gay Marriage: For Better or For Worse? offers up a sophisticated look at same-sex marriage in practice, one which emphasizes evidence over rhetoric.

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The Struggle of Democracy Against Terrorism:  Lessons from the United States, the United Kingdom and Israel  by Emanuel Gross
Charlottesville : University of Virginia Press, 2006
K5256 .G76 2006 Balcony

Radically different from other struggles covered by the international laws of war, the war on terrorism continues to create new legal challenges and grave moral dilemmas for the free world. Democracies are increasingly faced with balancing security against civil liberties, human rights, and the rule of law. In his new book The Struggle of Democracy against Terrorism, Emanuel Gross examines the legal and moral complexities democracies face when dealing with terrorism. Drawing on his own experience as a former judge in the Israeli military courts, Gross compares the experiences of the United States, Israel, and the United Kingdom, providing a broad picture of the dangers posed by the measures these democracies use to combat terrorism.

Particularly critical of the U.S. Patriot Act, Gross outlines what he argues to be the three cornerstones of Israel's experience with terrorism applicable to other democracies. On this platform, he bases his examination of the various laws that apply to a democracy's fight against terrorism, providing sharp and wide-ranging analysis that will be of great use to citizens and governments worldwide. Both provocative and informative, The Struggle of Democracy against Terrorism will appeal to students and teachers of law, political science, and philosophy, as well as to citizens and activists concerned with the impact of terrorism on civil liberties.

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James Madison and the Struggle for the Bill of Rights  by Richard Labunski
Oxford ; New York : Oxford University Press, 2006
K370 .L395 2006 Balcony

Today we hold the Constitution in such high regard that we can hardly imagine how hotly contested was its adoption. In fact, many of the thirteen states saw fierce debate over the document, and ratification was by no means certain. Virginia, the largest and most influential state, approved the Constitution by the barest of margins, and only after an epic political battle between James Madison and Patrick Henry. Now Richard Labunski offers a dramatic account of a time when the entire American experiment hung in the balance, only to be saved by the most unlikely of heroes--the diminutive and exceedingly shy Madison.

Here is a vividly written account of not one but several major political struggles which changed the course of American history. Labunski takes us inside the sweltering converted theater in Richmond, where for three grueling weeks, the soft-spoken Madison and the charismatic Patrick Henry fought over whether Virginia should ratify the Constitution. The stakes were enormous. If Virginia voted no, George Washington could not become president, New York might follow suit and reject the Constitution, and the young nation would be thrust into political chaos. But Madison won the day by a handful of votes, mollifying Anti-Federalist fears by promising to add a bill of rights to the Constitution. To do this, Madison would have to win a seat in the First Congress. Labunski shows how the vengeful Henry prevented Madison's appointment to the Senate and then used his political power to ensure that Madison would run against his good friend, Revolutionary War hero James Monroe, in a House district teeming with political enemies. Overcoming great odds, Madison won by a few hundred votes, allowing him to attend the First Congress and sponsor the Bill of Rights.

Packed with colorful details about life in early America, this compelling and important narrative is the first serious book about Madison written in many years. It will return this under-appreciated patriot to his rightful place among the Founding Fathers and shed new light on a key turning point in our nation's history.

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Who Decides?  The Abortion Rights of Teens by J. Shoshanna Ehrlich
Westport, Conn. : Praeger, 2006
KF9315 .E36 2006

The question of whether a young woman should be allowed to terminate a pregnancy without her parents' knowledge has been one of the most contentious issues of the post Roe v. Wade era. Parental involvement laws reach to the core of the parent-teen relationship in the highly contested realm of adolescent sexuality. This is the first book to examine in thorough detail the decision-making experiences of teens considering abortion. Shoshanna Ehrlich evaluates the Supreme Court's efforts to reconcile the historically based understanding of teens as dependent persons in need of protection with a more contemporary understanding of them as autonomous individuals with adult-like claims to constitutional recognition.

Arriving at a compromise, the Court has made clear that, like adult women, teens have a protected right of choice, but that states may impose a parental involvement requirement. However, so that parents are not vested with veto power over their daughters' decisions, young women must be allowed to seek a waiver of the requirement. Integrating a wealth of social science literature, including in-depth interviews with 26 young women from Massachusetts who obtained court authorization for an abortion, the book raises important questions about the logic of a legal approach that requires young women to involve adults when they seek to terminate a pregnancy, but that allows them to make a decision to become mothers on their own.

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A Well-Regulated Militia:  The Founding Fathers and the Origins of Gun Control in America by Saul Cornell
Oxford ; New York : Oxford University Press, 2006
KF4558 2nd .C67 2006 Balcony

Americans are deeply divided over the Second Amendment. Some passionately assert that the Amendment protects an individual's right to own guns. Others, that it does no more than protect the right of states to maintain militias. Now, in the first and only comprehensive history of this bitter controversy, Saul Cornell proves conclusively that both sides are wrong.

Cornell, a leading constitutional historian, shows that the Founders understood the right to bear arms as neither an individual nor a collective right, but as a civic right--an obligation citizens owed to the state to arm themselves so that they could participate in a well regulated militia. He shows how the modern "collective right" view of the Second Amendment, the one federal courts have accepted for over a hundred years, owes more to the Anti-Federalists than the Founders. Likewise, the modern "individual right" view emerged only in the nineteenth century. The modern debate, Cornell reveals, has its roots in the nineteenth century, during America's first and now largely forgotten gun violence crisis, when the earliest gun control laws were passed and the first cases on the right to bear arms came before the courts. Equally important, he describes how the gun control battle took on a new urgency during Reconstruction, when Republicans and Democrats clashed over the meaning of the right to bear arms and its connection to the Fourteenth Amendment. When the Democrats defeated the Republicans, it elevated the "collective rights" theory to preeminence and set the terms for constitutional debate over this issue for the next century.

A Well-Regulated Militia not only restores the lost meaning of the original Second Amendment, but it provides a clear historical road map that charts how we have arrived at our current impasse over guns. For anyone interested in understanding the great American gun debate, this is a must read.

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The Qualities of a Citizen:  Women, Immigration, and Citizenship, 1870-1965 by Martha Gardner
Princeton, N.J. : Princeton University Press, c2005
JV6602 .G37 2005

The Qualities of a Citizen traces the application of U.S. immigration and naturalization law to women from the 1870s to the late 1960s. Like no other book before, it explores how racialized, gendered, and historical anxieties shaped our current understandings of the histories of immigrant women. The book takes us from the first federal immigration restrictions against Asian prostitutes in the 1870s to the immigration "reform" measures of the late 1960s. Throughout this period, topics such as morality, family, marriage, poverty, and nationality structured historical debates over women's immigration and citizenship.

At the border, women immigrants, immigration officials, social service providers, and federal judges argued the grounds on which women would be included within the nation. As interview transcripts and court documents reveal, when, where, and how women were welcomed into the country depended on their racial status, their roles in the family, and their work skills. Gender and race mattered.

The book emphasizes the comparative nature of racial ideologies in which the inclusion of one group often came with the exclusion of another. It explores how U.S. officials insisted on the link between race and gender in understanding America's peculiar brand of nationalism. It also serves as a social history of the law, detailing women's experiences and strategies, successes and failures, to belong to the nation.

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The Judge in a Democracy by Aharon Barak
Princeton, N.J. : Princeton University Press, c2006
K2146 .B3713 2006 Balcony

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.

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