Illegal Beings:  Human Clones and the Law by Kerry Lynn Macintosh
Cambridge ; New York : Cambridge University Press, 2005
KF3831 .M33 2005 Balcony

During the past forty years, activists have repeatedly used the court system to achieve social and political change. On both the domestic and international fronts, they have accomplished substantive policy results that could not otherwise be obtained through the ordinary political processes of government both in the United States and abroad. In five insightful essays, the contributors to this volume show how these legal decisions have seriously undermined America's sovereignty and values

• The artist/dealer relationship;
• The commercial aspects of buying and selling artwork, either through a dealer or at auction;
• Artists' rights, including First Amendment rights, intellectual property rights, and resale rights;
• The financial aspects, including the tax consequences, of being a collector, an investor, or a dealer in artwork;
• Tax and estate planning issues for collectors and artists;
• Museum law, as well as the legal concerns of the art world arising from emerging digital technologies.

The development of the modern Yale Law School is deeply intertwined with the story of a group of students in the 1960s who worked to unlock democratic visions of law and social change that they associated with Yale's past and with the social climate in which they lived. During a charged moment in the history of the United States, activists challenged senior professors, and the resulting clash pitted young against old in a very human story. By demanding changes in admissions, curriculum, grading, and law practice, Laura Kalman argues, these students transformed Yale Law School and the future of American legal education.

Inspired by Yale's legal realists of the 1930s, Yale law students between 1967 and 1970 spawned a movement that celebrated participatory democracy, black power, feminism, and the counterculture. After these students left, the repercussions hobbled the school for years. Senior law professors decided against retaining six junior scholars who had witnessed their conflict with the students in the early 1970s, shifted the school's academic focus from sociology to economics, and steered clear of critical legal studies. Ironically, explains Kalman, students of the 1960s helped to create a culture of timidity until an imaginative dean in the 1980s tapped into and domesticated the spirit of the sixties, helping to make Yale's current celebrity possible.

Many people also think that judicial activism is the province of liberals. This is also a myth; since William Rehnquist was confirmed as Chief Justice in 1986, the Supreme Court has struck down decisions of Congress more than thirty times-an unprecedented record of judicial activism. Some conservatives want to return to the eighteenth-century Constitution or to restore "the Constitution in Exile," by which they mean the Constitution as it existed before the administration of Franklin Delano Roosevelt.

In Radicals in Robes, Cass R. Sunstein explains what this constitutional vision would mean. It would endanger environmental regulations, campaign finance laws, and the right to privacy. It would threaten the Federal Communications Commission, the Securities and Exchange Commission, the Environmental Protection Agency, and many other federal agencies. It might well allow states to establish official religions. It would impose sharp new limits on Congress's authority to protect rights.

Radicals in Robes pulls away the veil of rhetoric from a dangerous and radical movement and issues a strong and passionate warning about what some extremists really intend. One of the most respected legal theorists in the country, Sunstein here issues a warning of compelling concern to us all.

When the Missouri state legislature overrode Governor Bob Holden's veto in 2003 to make conceal-and-carry the law of the land, the Show-Me State became one of the last in the country to adopt this type of law. In fact, it took years of concerted effort on the part of pro-gun advocates to make this a reality. In Showdown in the Show-Me State, William Horner chronicles this complex and fascinating fight in clear, chronological order beginning with the first bill introduced into the Missouri General Assembly in 1992 and ending with the state supreme court's decision in 2004 that Missouri's constitution permitted the legislature to grant Missourians the right to carry concealed weapons.

There is, it is often argued, no state more typically 'American' than Missouri. The state is closely divided along partisan lines, as is the nation as a whole, and in the previous century, Missouri voters have regularly chosen the winner in almost every presidential election. By offering an examination of guns and gun policy in Missouri, this book provides a glimpse into the hearts and minds of Missourians and, by extension, of mainstream America as well. Horner's in-depth case study details the give-and-take among legislators and examines the role that interest groups played in the evolution of this divisive issue.

Sandra Day O'Connor, America's first woman justice, became the axis on which the Supreme Court turned. She was called the most powerful woman in America, and it was often said that to gauge the direction of American law, one need look only to O'Connor's vote. Then, just one year short of a quarter century on the bench, she surprised her colleagues and the nation by announcing her retirement.

Drawing on information from once-private papers of the justices, hundreds of interviews with legal and political insiders, and the insight gained from nearly two decades of covering the Supreme Court, Joan Biskupic examines O'Connor's remarkable career, providing an in-depth account of her transformation from tentative jurist to confident architect of American law. The portrait that emerges is of a complex and multifaceted woman: lawyer, politician, legislator, and justice, as well as wife, mother, A-list society hostess, and competitive athlete. To all appearances, she was the polite lady in pearls, handbag on her arm. But in the back rooms of politics and the law, she was a determined, focused strategist. O'Connor was the feminist who, rather than rebel against the male-dominated system, worked from within -- and succeeded.

As Biskupic demonstrates, Justice O'Connor became much more than a "first." During her twenty-four-year tenure, she wrote the decisions on some of the most controversial social battles of our time. O'Connor's tie-breaking opinions on issues such as abortion rights, affirmative action, the death penalty, and religious freedom will have a lasting effect far into the future. O'Connor also cast one of the five votes that cut off the Florida recounts and allowed George W. Bush to take the White House in the 2000 contested presidential election. With an eye to the American people and a keen sense of public attitudes, she worked behind the scenes to shape the law and transform the legal standards by which future cases will be decided.

From O'Connor's isolated upbringing on the Lazy B ranch in Arizona through her time as a state legislator to her rise as a justice -- along the way confronting her own personal challenges and crises, including breast cancer -- Biskupic presents a vivid, astute depiction of the justice -- and of the woman beneath the black robe. In so doing, Sandra Day O'Connor also provides an unprecedented look inside the exclusive, famously secretive High Court.

In Constructive Divorce: Procedural Justice and Sociolegal Reform, author Penelope Eileen Bryan offers a compelling argument that the procedures used to settle divorce disputes yield unjust decisions and poor outcomes for millions of adults and children each year.

This well-researched, carefully constructed book discusses the benefits of improving procedural justice in divorce cases (greater compliance with divorce decrees and settlements, enhanced legitimacy of the justice system, improvements to the common good). It then scrutinizes how today's family law system measures up in terms of criteria based in social sciences, such as efficiency, bias, accuracy, consistency, respect and concern for disputants. These discussions lay the groundwork for the author's proposals for procedural reforms and possible changes in the law itself, designed to better protect both legal rights and the mental health of individuals involved in the difficult process of divorce. Woven throughout are insights drawn from the social sciences literature and reflections on how psychology might best serve clients struggling with divorce.

How we die reveals much about how we live. In this provocative book, Shai Lavi traces the history of euthanasia in the United States to show how changing attitudes toward death reflect new and troubling ways of experiencing pain, hope, and freedom.

Lavi begins with the historical meaning of euthanasia as signifying an "easeful death." Over time, he shows, the term came to mean a death blessed by the grace of God, and later, medical hastening of death. Lavi illustrates these changes with compelling accounts of changes at the deathbed. He takes us from early nineteenth-century deathbeds governed by religion through the medicalization of death with the physician presiding over the deathbed, to the legalization of physician-assisted suicide.

Unlike previous books, which have focused on law and technique as explanations for the rise of euthanasia, this book asks why law and technique have come to play such a central role in the way we die. What is at stake in the modern way of dying is not human progress, but rather a fundamental change in the way we experience life in the face of death, Lavi argues. In attempting to gain control over death, he maintains, we may unintentionally have ceded control to policy makers and bio-scientific enterprises.

International Organizations as Law-makers addresses how international organizations with a global reach, such as the UN and the WTO, have changed the mechanisms and reasoning behind the making, implementation, and enforcement of international law. Alvarez argues that existing descriptions of international law and international organizations do not do justice to the complex changes resulting from the increased importance of these institutions after World War II, and especially from changes after the end of the Cold War. In particular, this book examines the impact of the institutions on international law through the day to day application and interpretation of institutional law, the making of multilateral treaties, and the decisions of a proliferating number of institutionalized dispute settlers.

The introductory chapters synthesize and challenge the existing descriptions and theoretical frameworks for addressing international organizations. Part I re-examines the law resulting from the activity of political organs, such as the UN General Assembly and Security Council, technocratic entities within UN specialized agencies, and international financial institutions such as the IMF, and considers their impact on the once sacrosanct 'domestic jurisdiction' of states, as well as on traditional conceptions of the basic sources of international law. Part II assesses the impact of the move towards institutions on treaty-making. It addresses the interplay between negotiating venues and procedures and interstate cooperation and asks whether the involvement of international organizations has made modern treaties 'better'. Part III examines the proliferation of institutionalized dispute settlers, from the UN Secretary General to the WTO's dispute settlement body, and re-examines their role as both settlers of disputes and law-makers. The final chapter considers the promise and the perils of the turn to formal institutions for the making of the new kinds of 'soft' and 'hard' global law, including the potential for forms of hegemonic international law.