Featured Acquisitions - August
Pluralism in Conflict: Coping with Cultural Diversity
in Law by Prakash Shah
Pluralism in Conflict offers a new theoretical perspective
for conceptualising and analysing the relationship between
ethnic minority laws and the official legal order.
London ; Portland,
Or. : Glass House Press, 2005
K236 .S53 2005
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
Free Can Religion Be? by Randall P. Bezanson
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.
Property or Pets? by edited by Marc D. Hauser, Fiery Cushman
and Matthew Kamen
Ind. : Purdue University Press, c2006
KF390.5.A5 P46 2006 Balcony
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.
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.
Antiquities Act: A Century of American Archaeology,
Historic Preservation, and Nature Conservation Edited
by David Harmon, Francis P. McManamon, and Dwight T. Pitcaithley
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
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.
Body is it Anyway? Justice and the Integrity of the
Clarendon Press ; Oxford ; New York : Oxford University Press,
K627 .F33 2006 Balcony
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.
Feminism: Activism, Lawyering & Legal Theory
by Ann Scales
: New York University Press, c2006
K349 .S296 2006
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.
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.
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
a Lost Freedom: The First Amendment Right to Censor
by Patrick M. Garry
New Brunswick, N.J. : Transaction Publishers, c2006
KF4775 .G37 2006 Balcony
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
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
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.
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
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
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
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.
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
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.
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.
Madison and the Struggle for the Bill of Rights
by Richard Labunski
New York : Oxford University Press, 2006
K370 .L395 2006
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.
Decides? The Abortion Rights of Teens by J. Shoshanna
Conn. : Praeger, 2006
KF9315 .E36 2006
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
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.
Well-Regulated Militia: The Founding Fathers and the
Origins of Gun Control in America by Saul Cornell
New York : Oxford University Press, 2006
KF4558 2nd .C67 2006 Balcony
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.
Qualities of a Citizen: Women, Immigration, and Citizenship,
1870-1965 by Martha Gardner
N.J. : Princeton University Press, c2005
JV6602 .G37 2005
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.
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.
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.
Judge in a Democracy by Aharon Barak
N.J. : Princeton University Press, c2006
K2146 .B3713 2006 Balcony
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.
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"
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
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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