Abortion and Divorce in Western Law
Mary Ann Glendon
Paperback
Academic Freedom in the Wired World
Robert O'Neil
In this passionately argued overview, a longtime activist-scholar takes readers through the changing landscape of academic freedom. From the aftermath of September 11th to the new frontier of blogging, O'Neil examines the tension between institutional and individual interests. Many cases boil down to a hotly contested question: who has the right to decide what is taught in the classroom?
Hardcover 2008
The Accidental Republic
John Fabian Witt
John Fabian Witt argues that experiments in accident law at the turn of the twentieth century arose out of competing views of the loose network of ideas and institutions that historians call the ideology of free labor. These experiments a century ago shaped twentieth- and twenty-first-century American accident law; they laid the foundations of the American administrative state; and they occasioned a still hotly contested legal transformation from the principles of free labor to the categories of insurance and risk.
Hardcover 2004 / Paperback 2006
Adversarial Legalism
Robert A. Kagan
American methods of policy implementation and dispute resolution are more adversarial and legalistic when compared with the systems of other economically advanced countries. Americans more often rely on legal threats and lawsuits. American laws are generally more complicated and prescriptive, adjudication more costly, and penalties more severe. In a thoughtful and cogently argued book, Robert Kagan examines the origins and consequences of this system of "adversarial legalism."
Hardcover 2001 / Paperback 2003
After the Rights Revolution
Cass R. Sunstein
Hardcover 1990 / Paperback 1993
Agent Orange on Trial
Peter H. Schuck
Hardcover 1986 / Paperback 1988
Alchemy of Race and Rights
Patricia J. Williams
Patricia Williams is a lawyer and a professor of commercial law, the great-great-granddaughter of a slave and a white southern lawyer. The Alchemy of Race and Rights is an eloquent autobiographical essay in which the author reflects on the intersection of race, gender, and class.
Hardcover 1991 / Paperback 1992
American Homicide
Randolph Roth
In American Homicide, Randolph Roth charts changes in the character and incidence of homicide in the U.S. from colonial times to the present. Roth examines the four factors that explain why homicide rates have gone up and down in the United States and in other Western nations over the past four centuries, and why the United States is today the most homicidal affluent nation.
Hardcover 2009
American Law and the Constitutional Order
Edited by Lawrence M. Friedman
Edited by Harry N. Scheiber
This is the standard reader in American law and constitutional development. The selections demonstrate that the legal order, once defined by society, helps in molding the various forces of the social life of that society. The essays cover the entire period of the American experience, from the colonies to postindustrial society.
Paperback 1988 / Hardcover 1988
Americanization of the Common Law
William E. Nelson
Paperback
An Affair of State
Richard A. Posner
In a book written while the events were unfolding, Richard Posner presents a balanced and scholarly understanding of President Clinton's year of crisis which began when his affair with Monica Lewinsky hit the front pages in January 1998. With the freshness and immediacy of journalism, Posner clarifies the issues involved, carefully assesses the conduct of Independent Counsel Kenneth Starr, and examines the pros and cons of impeaching President Clinton as well as the major procedural issues raised by both the impeachment in the House and the trial in the Senate. This book, reflecting the breadth of Posner's experience and expertise, will be the essential foundation for anyone who wants to understand President Clinton's impeachment ordeal.
Hardcover 1999 / Paperback 2000
The Antitrust Enterprise
Herbert Hovenkamp
The Antitrust Enterprise confronts not only the problems of poorly designed, overly complex, and inconsistent antitrust rules but also the current disarray of antitrust's rule of reason, offering a coherent and workable set of solutions. The result is an antitrust policy that is faithful to the consumer welfare principle but that is also more readily manageable by the federal courts and other antitrust tribunals.
Hardcover 2006 / Paperback 2008
Are Women Human?
Catharine A. MacKinnon
More than half a century after the Universal Declaration of Human Rights defined what a human being is and is entitled to, Catharine MacKinnon asks: Are women human yet? She exposes the consequences and significance of the systematic maltreatment of women and its systemic condonation as she points toward fresh ways of targeting its toxic orthodoxies. A critique of the transnational status quo that also envisions the transforming possibilities of human rights, this bracing book makes us look as never before at an ongoing war too long undeclared.
Hardcover 2006 / Paperback 2007
The Art and Craft of International Environmental Law
Daniel Bodansky
International environmental law is often closer to home than we know, affecting the food we eat, the products we buy, and even the air we breathe. Drawing on more than two decades of experience as a government negotiator, consultant, and academic, Daniel Bodansky brings a real-world perspective on the processes by which international environmental law develops, and influences the behavior of state and non-state actors.
Hardcover 2010
At Women's Expense
Cynthia Daniels
No longer concerned with conception or motherhood, the new politics of fetal rights focuses on fertility and pregnancy itself, on a woman's relationship with the fetus. How exactly, Cynthia Daniels asks, does this affect a woman's rights?
Paperback 1996 / Hardcover
Authors and Owners
Mark Rose
The notion of the author as the creator and therefore the first owner of a work is deeply rooted both in our economic system and in our concept of the individual. But this concept of authorship is modern. Mark Rose traces its formation in eighteenth-century Britain--and in the process highlights still current issues of intellectual property.
Paperback 1995 / Hardcover
The Autobiographical Notes of Charles Evans Hughes
Charles Evans Hughes
Hughes was lawyer, governor of New York, Supreme Court Justice, presidential candidate in 1916, Secretary of State in the Harding and Coolidge administrations, a member of the World Court, and Chief Justice of the United States from 1930 until his retirement in 1941. His Autobiographical Notes portray him as no biography could and provide comment on almost a century of American history as seen by one who played a part in shaping its course.
Hardcover 1973
The Battle for Children
Sarah Fishman
The Battle for Children links two major areas of historical inquiry: crime and delinquency with war and social change. In a study based on impressive archival research, Fishman reveals the impact of the Vichy regime on one of history's most silent groups--children--and offers enlightening new information about the Vichy administration.
Hardcover 2002
Bending Science
Thomas O. McGarity
Wendy E. Wagner
McGarity and Wagner reveal the range of sophisticated legal and financial tactics political and corporate advocates use to discredit or suppress research on potential human health hazards.Bending Science exposes an astonishing pattern of corruption and makes a compelling case for reforms to safeguard both the integrity of science and the public health.
Hardcover 2008
Beyond Machiavelli
Roger Fisher
Elizabeth Kopelman
Andrea Schneider
With two of his leading colleagues, Roger Fisher delivers a powerful new method for managing complex disputes of any kind--international, local, or personal. Originating in the Harvard Negotiation Project and successfully applied to some of the world's most intractable confrontations, these practical tools offer the most effective system yet for minimizing the duration and cost of conflict.
Paperback
Beyond Winning
Robert H. Mnookin
Scott R. Peppet
Andrew S. Tulumello
Conflict is inevitable, in both deals and disputes. Yet when clients call in the lawyers to haggle over who gets how much of the pie, traditional hard-bargaining tactics can lead to ruin. Too often, deals blow up, cases don't settle, relationships fall apart, justice is delayed. Beyond Winning charts a way out of our current crisis of confidence in the legal system. It offers a fresh look at negotiation, aimed at helping lawyers turn disputes into deals, and deals into better deals, through practical, tough-minded problem-solving techniques.
Hardcover 2000 / Paperback 2004
The Birthright Lottery
Ayelet Shachar

The vast majority of the global population acquires citizenship purely by accidental circumstances of birth. In The Birthright Lottery, Ayelet Shachar argues that birthright citizenship in an affluent society can be thought of as a form of property inheritance: that is, a valuable entitlement transmitted by law to a restricted group of recipients under conditions that perpetuate the transfer of this prerogative to their heirs.

Hardcover 2009
Bolor Erike
Bolor Erike Rasipungsuy
Hardcover 1959
Byzantium, A World Civilization
Edited by Angeliki E. Laiou
Edited by Henry Maguire
These seven chapters, originally given as lectures honoring the fiftieth anniversary of Dumbarton Oaks, cover a wide range of topics, from the relationship of Byzantium with its Islamic, Slavic, and Western European neighbors to the modern reception of Byzantine art.
Paperback 1992 / Hardcover 1995
Capital Rules
Rawi Abdelal
In an intellectual, legal, and political history of financial globalization, Rawi Abdelal shows that global financial markets were not always premised on the idea that capital ought to flow freely across country borders. Contrary to conventional accounts, Abdelal argues that European policy makers promoted the liberal rules that compose the international financial architecture, while U.S. policy makers have tended to embrace unilateral, ad hoc globalization.
Hardcover 2007 / Paperback 2009
Cardozo
Andrew L. Kaufman
This first complete biography of the longtime member and chief judge of the New York Court of Appeals and Justice of the Supreme Court of the United States during the turbulent years of the New Deal is a monumental achievement by a distinguished interpreter of constitutional law.
Hardcover 1998 / Paperback 2000
The Challenge of Crime
Henry Ruth
Kevin R. Reitz
Rejecting traditional liberal and conservative outlooks, The Challenge of Crime examines the history, scope, and effects of the revolution in America's response to crime since 1970. Henry Ruth and Kevin Reitz offer a comprehensive, long-term, pragmatic approach to increase public understanding of and find improvements in the nation's response to crime.
Hardcover 2003 / Paperback 2006
Chief Justice
John Phillip Reid
Roscoe Pound has called Charles Doe (1830-1896) one of the ten greatest jurists in American history, the "one judge upon the bench of a state court who stands out as a builder of the law since the Civil War." This is the first booklength biography of Chief Justice Doe, and as an examination of the constitutional and jurisprudential theories of a state judge it is probably unique.
Hardcover 1967
Children and Transitional Justice
Sharanjeet Parmar
Mindy Jane Roseman
Saudamini Siegrist
Children are increasingly a focus of international and national courts and truth commissions. This book includes analysis of the recent involvement of children in transitional justice processes in Liberia, Peru, Sierra Leone, and South Africa, and emphasizes how children must be engaged during post-conflict transition.
Paperback 2009
China's Practice of International Law
Jerome Alan Cohen
Hardcover 1972
Colonial Justice in Western Massachusetts, 1639-1702
Edited by Joseph H. Smith
Hardcover 1961
The Color-Blind Constitution
Andrew Kull
In the contemporary debate over the politics and constitutional law of race, the vital theme of antidiscrimination has been largely displaced. The longstanding liberal ideal that the government take no account of the race of its citizens has been lost in favor of benign racial sorting. Andrew Kull provides us with the previously unwritten history of the color-blind idea that for 125 years--from the crusades of the Garrisonian abolitionists to the civil rights legislation of the 1960s--was the constitutional focus of the struggle for racial equality in America.
Paperback 1998 / Hardcover
The Common Law
Oliver Wendell Holmes
Introduction by G. Edward White

Much more than an historical examination of liability, criminal law, torts, bail, possession and ownership, and contracts, The Common Law articulates the ideas and judicial theory of one of the greatest justices of the Supreme Court. The John Harvard Library presents a text that is, with occasional corrections of typographical errors, identical to that found in the first and all subsequent printings by Little, Brown.

Paperback 2009
A Common Law for the Age of Statutes
Guido Calabresi
The dominance of legislatures and statutory law has put an impossible burden on the courts. Guido Calabresi thinks it is time for this country seriously to consider returning to a traditional American judicial-legislative balance in which courts would enlarge the common law and would also decide when a rule of law has seen its day and should be revised.
Hardcover 1982 / Paperback
Commonsense Justice
Norman J. Finkel
In this timely book, Norman Finkel looks at the relationship between the "law on the books," as set down in the Constitution and developed in cases and decisions, and what he calls "commonsense justice" the ordinary citizen's notions of what is just and fair.
Hardcover 1998 / Paperback 2001
Comparative Studies and the Right to Health
Edited by Stephen P. Marks
Foreword by Paul Hunt
The right to health has been acknowledged as one of the most important human rights for economic and social development, but few efforts have been made to assess the problems and prospects for the realization of this right across national health systems. This book examines, in comparative perspective, how health and the right to health have been dealt with in six countries: the Philippines, Bangladesh, Sri Lanka, India, Ghana, and Peru.
Paperback 2009
Competition Policy for Small Market Economies
Michal S. Gal
Michal Gal's thorough analysis shows the effects of market size on competition policy, ranging from rules of thumb to more general policy prescriptions, such as goals and remedial tools. Competition policy in small economies is becoming increasingly important, since the number of small jurisdictions adopting such policy is rapidly growing. Gal's focus extends beyond domestic competition policy to the evaluation of the current trend toward the worldwide harmonization of policies.
Hardcover 2003
Conflict of Interest in American Public Life
Andrew Stark
Ranging over a wide array of cases, Andrew Stark draws on legal, moral, and political thought--as well as the rhetoric of officeholders and the commentary of journalists--to analyze several decades of debate over conflict of interest in American public life. He offers new ways of interpreting the controversies about conflict of interest, explains their prominence in American political combat, and suggests how we might make them less venomous and intractable.
Hardcover 2000 / Paperback 2003
The Constitution and the New Deal
G. Edward White
In a wholly new narrative of power and force, G. Edward White challenges the reigning understanding of twentieth-century Supreme Court decisions, particularly in the New Deal period. He does this by rejecting such misleading characterizations as "liberal," "conservative," and "reactionary," and by reexamining several key topics in constitutional law.
Hardcover 2000 / Paperback 2002
The Constitution in Conflict
Robert Burt
In a remarkably innovative reconstruction of constitutional history, Robert Burt traces the controversy over judicial supremacy back to the founding fathers.
Hardcover 1992 / Paperback
The Constitution's Text in Foreign Affairs
Michael D. Ramsey
This book describes the constitutional law of foreign affairs derived from the historical understanding of the Constitution's text. Examining recurring foreign affairs controversies such as the power to enter armed conflict and the power to make and break treaties, and showing how the words, structure, and context of the Constitution can resolve pivotal court cases and modern disputes, the author provides a counterpoint to more conventional discussions that tend to downplay the guiding ability of the Constitution.
Hardcover 2007
Constitutional Choices
Laurence H. Tribe
Hardcover 1985 / Paperback 1986
Constitutional Construction
Keith E. Whittington
This book argues that the American Constitution has a dual nature. The first aspect, on which legal scholars have focused, is the degree to which the Constitution acts as a binding set of rules that can be neutrally interpreted and externally enforced by the courts against government actors. This is the process of constitutional interpretation. But according to Keith Whittington, the Constitution also permeates politics itself, to guide and constrain political actors in the very process of making public policy.
Hardcover 1999 / Paperback 2001
Constitutional Domains
Robert Post
In a series of remarkable forays, Robert Post develops an original account of how law functions in a democratic society. His book, which draws on work in sociology, philosophy, and political theory, offers a radically new perspective on some of the most pressing constitutional issues of our day, such as the regulation of racist speech, pornography, and privacy.
Hardcover
Constitutional Self-Government
Christopher L. Eisgruber
Most of us regard the Constitution as the foundation of American democracy. How, then, are we to understand the restrictions that it imposes on legislatures and voters? In Constitutional Self-Government, Christopher Eisgruber focuses directly on the Constitution's seemingly undemocratic features. Constitutional Self-Government ingeniously locates the Constitution's value in its capacity to sustain an array of institutions that render self-government meaningful for a large and diverse people.
Hardcover 2001 / Paperback 2007
Contemporary Chinese Law
Jerome Alan Cohen
Hardcover 1970
Contested Commodities
Margaret Jane Radin
How far should society go in permitting people to buy and sell goods and services? Margaret Jane Radin addresses this controversial issue in a detailed exploration of contested commodification. As a philosophical pragmatist, the author argues for a conception of incomplete commodification, in which some contested things can be bought and sold, but only under carefully regulated circumstances.
Hardcover 1996 / Paperback 2001
Contract as Promise
Charles Fried
For law students and legal scholars, Contract as Promise offers a coherent survey of an important legal concept. For philosophers and social scientists, the book is a unique demonstration of the practical and detailed entailments of moral theory.
Hardcover 1981 / Paperback 1982
Criminal Justice in China
Klaus Mühlhahn

In a groundbreaking work, Klaus Mühlhahn offers a comprehensive examination of the criminal justice system in modern China, an institution deeply rooted in politics, society, and culture. Based on unprecedented research in Chinese archives and incorporating prisoner testimonies, witness reports, and interviews, this book is essential reading for understanding modern China.

Hardcover 2009
The Criminal Process in the People's Republic of China, 1949-1963
Jerome Alan Cohen
This volume represents the fruits of a preliminary inquiry into one aspect of contemporary Chinese law-the criminal process. Investigating what he calls China's "legal experiment," Mr. Cohen raises large questions about Chinese law.
Hardcover 1968
A Critique of Adjudication [fin de siècle]
Duncan Kennedy
A major statement from one of the foremost legal theorists of our time, this book offers both a penetrating look into the political nature of legal decisionmaking, and a sustained attempt at integrating the American approach to law with the Continental tradition in social theory, philosophy, and psychology. At the center of this work is the question of how politics affects judicial activity--and how, in turn, lawmaking by judges affects American politics.
Hardcover 1997 / Paperback 1998
Death by a Thousand Cuts
Timothy Brook
Jérôme Bourgon
Gregory Blue
In a public square in Beijing in 1904, multiple murderer Wang Weiqin was executed before a crowd of onlookers. He was among the last to suffer the extreme punishment known as lingchi. Called by Western observers “death by a thousand cuts” or “death by slicing,” this penalty was reserved for the very worst crimes in imperial China. Death by a Thousand Cuts is the first book to explore the history, iconography, and legal contexts of Chinese tortures and executions from the tenth century until lingchi’s abolition in 1905.
Hardcover 2008
Democracy and Distrust
John Ely
This powerfully argued appraisal of judicial review may change the face of American law. Written for layman and scholar alike, the book addresses one of the most important issues facing Americans today: within what guidelines shall the Supreme Court apply the strictures of the Constitution to the complexities of modern life?
Hardcover 1980 / Paperback 1981
Deportation Nation
Daniel Kanstroom
We are a nation of immigrants--but which ones do we want, and what do we do with those that we don't? These questions have troubled American law and politics since colonial times. This book is a chilling history of communal self-idealization and self-protection. By illuminating the shadowy corners of American history, Kanstroom shows that deportation has long been a legal tool to control immigrants' lives and is being used with increasing crudeness in a globalized but xenophobic world.
Hardcover 2007
Development As a Human Right
A Nobel Book
Edited by Bård A. Andreassen
Edited by Stephen P. Marks
Foreword by Louise Arbour
Drawing on the papers presented at the Nobel Symposium on The Right to Development and Human Rights in Development, this book contains chapters on the conceptual underpinnings of development as a human right, the national dimensions of this right, and the role of international institutions. The contributors explore the meaning and practical implications of human rights-based approaches to economic development and ask what this relationship may add to our understanding and thinking about human and global development.
Paperback 2007
The Dissent of the Governed
Stephen L. Carter
Between loyalty and disobedience; between recognition of the law's authority and realization that the law is not always right: in America, this conflict is historic, with results as glorious as the mass protests of the civil rights movement and as inglorious as the armed violence of the militia movement. In an impassioned defense of dissent, Stephen Carter argues for the dialogue that negotiates this conflict and keeps democracy alive. His book portrays an America dying from a refusal to engage in such a dialogue, a polity where, indeed, everybody speaks, but nobody listens.
Hardcover 1998 / Paperback 1999
Diversity in America
Peter H. Schuck
In this magisterial book, Peter H. Schuck explains how Americans have understood diversity, how they have come to embrace it, how the government regulates it now, and how we can do better. He mobilizes a wealth of conceptual, historical, legal, political, and sociological analysis to argue that diversity is best managed not by the government but by families, ethnic groups, religious communities, employers, voluntary organizations, and other civil society institutions.
Hardcover 2003 / Paperback 2006
Dividing the Child
Eleanor E. Maccoby
Robert H. Mnookin
Questions about how children fare in divided families have become as perplexing and urgent as they are common. In this landmark work on custody arrangements, the developmental psychologist Eleanor Maccoby and the legal scholar Robert Mnookin examine the social and legal realities of how divorcing parents make arrangements for their children.
Paperback 1998 / Hardcover
The Double Helix and the Law of Evidence
David H. Kaye
Essential reading for lawyers, judges, and expert witnesses in DNA cases, The Double Helix and the Law of Evidence is an informative and provocative contribution to the interdisciplinary study of law and science. Bridging law, genetics, and statistics, this book is an authoritative history of the long and tortuous process by which DNA science has been integrated into the American legal system.
Hardcover 2010
Dynamic Statutory Interpretation
William N. Eskridge
Contrary to traditional theories of statutory interpretation, which ground statutes in the original legislative text or intent, legal scholar William Eskridge argues that statutory interpretation changes in response to new political alignments, new interpreters, and new ideologies.
Hardcover 1994
Economic Analysis of Accident Law
Steven Shavell
Accident law, if properly designed, is capable of reducing the incidence of mishaps by making people act more cautiously. Scholarly writing on this branch of law traditionally has been concerned with examining the law for consistency with felt notions of right and duty. Since the 1960s, however, a group of legal scholars and economists have focused on identifying the effects of accident law on people's behavior. Steven Shavell's book is the definitive synthesis of research to date in this new field.
Hardcover 1987 / Paperback 2007
The Economic Structure of Corporate Law
Frank Easterbrook
Daniel R. Fischel
The authors argue that the rules and practices of corporate law mimic contractual provisions that parties would reach if they bargained about every contingency at zero cost and flawlessly enforced their agreements. But bargaining and enforcement are costly, and corporate law provides the rules and an enforcement mechanism that govern relations among those who commit their capital to such ventures.
Hardcover 1991 / Paperback 1996
The Economic Structure of Intellectual Property Law
William M. Landes
Richard A. Posner
This book takes a fresh look at the most dynamic area of American law today, comprising the fields of copyright, patent, trademark, trade secrecy, publicity rights, and misappropriation. Topics range from copyright in private letters to defensive patenting of business methods and from moral rights in the visual arts to the management of Mickey Mouse. The book demonstrates the fundamental economic rationality of intellectual property law, but is sympathetic to critics who believe that in recent decades Congress and the courts have gone too far in the creation and protection of intellectual property rights.
Hardcover 2003
The Economic Structure of International Law
Joel P. Trachtman
This book presents policymakers and scholars with an over-arching analytical model of international law, one that demonstrates the potential of international law, but also explains how policymakers should choose among different international legal structures.
Hardcover 2008
The Economic Structure of Tort Law
William M. Landes
Richard A. Posner
Written by a lawyer and an economist, this is the first full-length economic study of tort law--the body of law that governs liability for accidents and for intentional wrongs such as battery and defamation. Landes and Posner propose that tort law is best understood as a system for achieving an efficient allocation of resources to safety--that, on the whole, rules and doctrines of tort law encourage the optimal investment in safety by potential injurers and potential victims.
Hardcover 1987
The Economics of Justice
Richard A. Posner
Posner uses economic analysis to probe justice and efficiency, primitive law, privacy, and the constitutional regulation of racial discrimination.
Hardcover 1981 / Paperback 1983
Enterprise and American Law, 1836-1937
Herbert Hovenkamp
In this integration of law and economic ideas, Herbert Hovenkamp charts the evolution of the legal framework that regulated American business enterprise from the time of Andrew Jackson through the first New Deal. He reveals the interdependent relationship between economic theory and law that existed in these decades of headlong growth and examines how this relationship shaped both the modern business corporation and substantive due process.
Hardcover 1991
Equal Treatment for People with Mental Retardation
Martha A. Field
Valerie A. Sanchez
Despite the progress of the normalization movement, which has moved so many people with mental retardation into the mainstream since the 1960s, their personal decisions involving such issues as engaging in sex or raising children have been consistently challenged, regulated, and outlawed. In a comprehensive study of the legal doctrines and social policies involved, Martha Field and Valerie Sanchez argue persuasively that persons with mental retardation should have legal authority to make their own decisions.
Hardcover 2000 / Paperback 2001
Executive Privilege
Raoul Berger
Hardcover
Exemptions and Fair Use in Copyright
Leon E. Seltzer
After decades of professional dissatisfaction and legislative debate, the Congress in 1976 passed a new copyright act to replace the Copyright Act of 1909. In this book, the author focuses upon the meaning of the "exclusive rights" Constitutional language where writers are concerned, and from his analysis, shows how, when copies of an author's work are made under either the fair-use doctrine or a special exemption for library reproduction of copyrighted works, the 1976 Act has failed to solve old problems and has introduced troublesome new ones.
Hardcover 1978
The Failure of the Founding Fathers
Bruce Ackerman
Based on seven years of archival research, the book describes previously unknown aspects of the electoral college crisis of 1800, presenting a revised understanding of the early days of two great institutions that continue to have a major impact on American history: the plebiscitarian presidency and a Supreme Court that struggles to put the presidency's claims of a popular mandate into constitutional perspective. Through close studies of two Supreme Court cases, Ackerman shows how the court integrated Federalist and Republican themes into the living Constitution of the early republic.
Hardcover 2005 / Paperback 2007
Fairness versus Welfare
Louis Kaplow
Steven Shavell
By what criteria should public policy be evaluated? Fairness and justice? Or the welfare of individuals? Debate over this fundamental question has spanned the ages. Fairness versus Welfare poses a bold challenge to contemporary moral philosophy by showing that most moral principles conflict more sharply with welfare than is generally recognized. Fairness versus Welfare has profound implications for the theory and practice of policy analysis and has already generated considerable debate in academia.
Hardcover 2002 / Paperback 2006
The Federal Courts
Richard A. Posner
The federal courts are the world's most powerful judiciary and a vital element of the American political system. In recent decades, these courts have experienced unprecedented growth in caseload and personnel. Many judges and lawyers believe that a "crisis in quantity" is imperiling the ability of the federal judiciary to perform its historic function of administering justice fairly and expeditiously. Drawing on economic and political theory as well as on legal analysis and his own extensive judicial experience, Judge Richard Posner sketches the history of the federal courts, describes the contemporary institution, appraises the concerns that have been expressed with the courts' performance, and presents a variety of proposals for both short-term and fundamental reform. In contrast to some of the direr prophecies of observers of the federal courts, Posner emphasizes the success of these courts in adapting to steep caseload growth with minimal sacrifice in quality.
Hardcover 1996 / Paperback 1999
Felix Frankfurter on the Supreme Court
Felix Frankfurter
The present volume, a selection of Frankfurter's extrajudicial nontechnical writings on the Supreme Court, its Justices, and its business, includes fifty-four pieces written between 1913 and 1956 and originally published in popular or scholarly journals. These essays serve to reinforce Frankfurter's stature as a truly just and concerned individual; and their chronological arrangement reveals the consistency of his views on the proper role of the Court.
Hardcover 1970
The First Amendment, Democracy, and Romance
Steven Shiffrin
Hardcover
A Fly for the Prosecution
M. Lee Goff
To Lee Goff and his fellow forensic entomologists, each body recovered at a crime scene is an ecosystem, a unique microenvironment colonized in succession by a diverse array of flies, beetles, mites, spiders, and other arthropods. Using actual cases on which he has consulted, Goff shows how knowledge of these insects and their habits allows forensic entomologists to furnish investigators with crucial evidence about crimes.
Hardcover 2000 / Paperback 2001
Forbidden Grounds
Richard Epstein
This timely and controversial book presents powerful theoretical and empirical arguments for the repeal of the anti-discrimination laws within the workplace.
Hardcover 1992 / Paperback
Force and Freedom
Arthur Ripstein
In this masterful work, both an illumination of Kant’s thought and an important contribution to contemporary legal and political theory, Arthur Ripstein gives a comprehensive yet accessible account of Kant’s political philosophy. In addition to providing a clear and coherent statement of the most misunderstood of Kant’s ideas, Ripstein also shows that Kant’s views remain conceptually powerful and morally appealing today.
Hardcover 2009
Foundations of Economic Analysis of Law
Steven Shavell
In this book Steven Shavell provides an in-depth analysis and synthesis of the economic approach to the building blocks of our legal system, namely, property law, tort law, contract law, and criminal law. He also examines the litigation process as well as welfare economics and morality. Aimed at a broad audience, this book requires neither a legal background nor technical economics or mathematics to understand it. Because of its breadth, analytical clarity, and general accessibility, it is likely to serve as a definitive work in the economic analysis of law.
Hardcover 2004
The Fourteenth Amendment
William E. Nelson
In a remarkably fresh and historically grounded reinterpretation of the American Constitution, William Nelson argues that the fourteenth amendment was written to affirm the general public's long-standing rhetorical commitment to the principles of equality and individual rights on the one hand, and to the principle of local self-rule on the other.
Hardcover 1988 / Paperback 1998
Framing Contract Law
Victor Goldberg
The central theme of this book is that an economic framework--incorporating such concepts as information asymmetry, moral hazard, and adaptation to changed circumstances--is appropriate for contract interpretation, analyzing contract disputes, and developing contract doctrine. The value of the approach is demonstrated through the close analysis of major contract cases.
Hardcover 2007
Frederic William Maitland
C. H. S. Fifoot
Renowned as a great scholar, teacher, and legal historian, Frederic William Maitland (1850-1906) advanced the cause of legal history, opposing the idea that legal history was law and not history, yet believing in the advantage of legal training. C. H. S. Fifoot has written this biography of Maitland with care and devotion in a style that is lucid and eloquent. He traces the origin and development of Maitland's works, using them to reveal the man himself and his qualities of mind and spirit.
Hardcover 1971
Freedom's Law
Ronald Dworkin
Ronald Dworkin argues that Americans have been systematically misled about what their Constitution is and how judges interpret it. In spirited and illuminating discussions of both recent constitutional cases and general constitutional principles, Ronald Dworkin argues that a distinctly American version of government based on the moral reading of the Constitution is in fact the best account of what democracy really is.
Hardcover 1996 / Paperback 1997
The French Institutionalists
Albert Broderick
In tracing the evolution of the institutional conception of positive law, this volume makes an important contribution to the study of positive law. It also provides the first extensive translation of important writings on the theory of the institution, which has had continuing influence in France but has been known only by repute in English-speaking countries.
Hardcover 1970
French Revolutionary Legislation on Illegitimacy, 1789-1804
Crane Brinton
Hardcover 1936
Frontiers of Legal Theory
Richard A. Posner
The most exciting development in legal thinking since World War II has been the growth of interdisciplinary legal studies. Judge Richard Posner has been a leader in this movement, and his new book explores its rapidly expanding frontier.
Hardcover 2001 / Paperback 2004
The Future of Child Protection
Jane Waldfogel
Recent headline cases of child abuse have led to a crisis of confidence in the current child protective services (CPS). The public is right to be concerned, shows Jane Waldfogel, but many perceptions of the CPS system and the problems it is designed to alleviate are inaccurate. This book goes beyond the headlines, using historical, comparative, and specific case data to formulate a new approach to protecting children.
Hardcover 1998 / Paperback 2001
Game Theory and the Law
Douglas Baird
Robert Gertner
Randal Picker
This book promises to be the definitive guide to the field. It provides a highly sophisticated yet exceptionally clear explanation of game theory, with a host of applications to legal issues
Hardcover 1994 / Paperback 1998
Gaylaw
William N. Eskridge
In a comprehensive analysis of the legal issues concerning gender and sexual nonconformity in the United States, William Eskridge presents a rigorously argued case for the "sexualization" of the First Amendment, showing why, for example, same-sex ceremonies and intimacy should be considered "expressive conduct" deserving the protection of the courts. The book also locates the author's legal arguments within the larger currents of liberal theory and integrates them into a general stance toward freedom, gender equality, and religious pluralism.
Hardcover 1999 / Paperback 2002
Getting Away With Murder
Susan Estrich
At a time when three-quarters of black Americans believe that the criminal justice system is racist and unfair; when nearly half of all whites think it's ineffective and in decline; when crime, though falling, still tops the list of public concerns, and politicians exploit public distrust of the system to get elected, Getting Away with Murder makes a statement that is powerful, controversial, and urgently needed.
Hardcover 1998 / Paperback 1999
Ghost Dancing the Law
John William Sayer
This first book-length study of the Wounded Knee trials demonstrates the impact that legal institutions and the media have on political dissent. John Sayer draws on court records, news reports, and interviews with participants to show how the defense, and ultimately the prosecution, had to respond continually to legal constraints, media coverage, and political events taking place outside the courtroom.
Hardcover 1997 / Paperback 2000
The Gift of Science
Roger Berkowitz
Moving from the scientific revolution to the nineteenth-century rise of legal codes, Berkowitz tells the story of how lawyers and philosophers invented legal science to preserve law's claim to moral authority. The "gift" of science, however, proved bittersweet. Instead of strengthening the bond between law and justice, the subordination of law to science transformed law from an ethical order into a tool for social and economic ends.
Hardcover 2005
Governing Nonprofit Organizations
Marion R. Fremont-Smith
Fremont-Smith argues that the rules that govern how nonprofits operate are inadequate, and the regulatory mechanisms designed to enforce the rules need improvement. Despite repeated instances of negligent management, self-interest at the expense of the charity, and outright fraud, nonprofits continue to receive minimal government regulation.
Hardcover 2004 / Paperback 2008
Governing the Workplace
Paul C. Weiler
Labor lawyer Paul Weiler examines the social and economic changes that have profoundly altered the legal framework of the employment relationship. He not only discusses a wide range of issues, from wrongful dismissal to mandatory drug testing and pay equity, but he also develops a blueprint for the reconstruction of the law of the workplace, especially designed to give American workers more effective representation.
Hardcover 1990 / Paperback
A Guide to Critical Legal Studies
Mark Kelman
A good deal of the writing in critical legal studies has been devoted to laying bare the contradictions in liberal thought. There have been attacks and counterattacks on the liberal position and on the more conservative law and economics position. Now Mark Kelman demonstrates that any critique of law and economics is inextricably tied to a broader critique of liberalism.
Hardcover 1987 / Paperback 1990
A Hacker Manifesto
McKenzie Wark
Drawing in equal measure on Debord and Deleuze, A Hacker Manifesto offers a systematic restatement of Marxist thought for the age of cyberspace and globalization. In the widespread revolt against commodified information, Wark sees a utopian promise, beyond the property form, and a new progressive class, the hacker class, who voice a shared interest in a new information commons.
Hardcover 2004
Henry Fielding
Hugh Amory
Introduction by Charles Donahue
Foreword by Charles Donahue
An edition of fragments of Henry Fielding's unpublished treatise on eighteenth-century law, which were displayed at an exhibition at Houghton Library in 1987, including fragments from Harvard, Yale, and the Hyde Collection, now also at Harvard.
Paperback 2005
Her Day in Court
Maya Shatzmiller
This book is a study of the historical record of the property rights and equity of Muslim women. Based on Islamic court documents of fifteenth-century Granada--documents that show a high degree of women's involvement--the book examines women's legal entitlements to acquire property, as well as the social and economic significance of these rights to Granada's female population and, by extension, to women in other Islamic societies.
Hardcover 2007
The Hidden Holmes
David Rosenberg
Oliver Wendell Holmes is the acknowledged source of twentieth-century tort law, but David Rosenberg, in this bold book, takes sharp issue with the current portrayal of Holmes as a legal formalist in torts who opposed the notion of strict liability and dogmatically advocated a universal rule of negligence, primarily to subsidize industrial development.
Hardcover
The History of an Islamic School of Law
Nurit Tsafrir
The Hanafi school of law is one of the oldest legal schools of Islam, coming into existence in the eighth century in Iraq, and surviving up to the present. So closely is the early development of the Hanafi school interwoven with non-legal spheres, such as the political, social, and theological, that the study of it is essential to a proper understanding of medieval Islamic history. Tsafrir offers a thorough examination of the first century and a half of the school's existence, the period during which it took shape.
Hardcover 2004
Holding Bishops Accountable
Timothy D. Lytton
The prevalence of the sexual abuse of children by Catholic clergy and its shocking cover-up by church officials have obscured the largely untold story of the tort system’s remarkable success in bringing the scandal to light. The lessons of clergy sexual abuse litigation give us reason to reconsider the case for tort reform and to look more closely at how tort litigation can enhance the performance of public and private policymaking institutions.
Hardcover 2008
Holmes-Pollock Letters
Oliver Wendell Holmes
Frederick Pollack
Edited by Mark DeWolfe Howe
Hardcover
The Homevoter Hypothesis
William A. Fischel
Fischel has coined the portmanteau word "homevoter" to crystallize the connection between homeownership and political involvement. The link neatly explains several vexing puzzles, such as why displacement of local taxation by state funds reduces school quality and why local governments are more likely to be efficient providers of environmental amenities. The book thereby makes a strong case for decentralization of the fiscal and regulatory functions of government.
Hardcover 2001 / Paperback 2005
How Judges Think
Richard A. Posner
A distinguished and experienced appellate court judge, Posner offers in this new book a unique and, to orthodox legal thinkers, a startling perspective on how judges and justices decide cases.
Hardcover 2008
How the Indians Lost Their Land
Stuart Banner
Between the early seventeenth century and the early twentieth, nearly all the land in the United States was transferred from American Indians to whites. How did Indians actually lose their land? Stuart Banner argues that neither simple coercion nor simple consent reflects the complicated legal history of land transfers. Instead, time, place, and the balance of power between Indians and settlers decided the outcome of land struggles.
Hardcover 2005 / Paperback 2007
The Human Measure
Donald Kelley
Hardcover
The Idea of Private Law
Ernest J. Weinrib
Private law applies to our deepest intuitions about personal responsibility and justice to the property we own and use, to the injuries we inflict or avoid, and to the contracts which me make or break. Rejecting the functionalism popular among legal scholars, Ernest Weinrib advances the provocative idea that private law is an autonomous and noninstrumental moral practice, with its own structure and rationality. His formalist approach repudiates the identification of law with politics or economics.
Hardcover
Impeachment
Raoul Berger
The little understood yet volcanic power of impeachment lodged in the Congress is dissected through history by the nation's leading legal scholar on the subject. Berger offers authoritative insight into "high crimes and misdemeanors." He sheds new light on whether impeachment is limited to indictable crimes, on whether there is jurisdiction to impeach for misconduct outside of office, and on whether impeachment must precede indictment. In an addition to the book, Berger finds firm footing in contesting the views of one-time Judge Robert Bork and President Nixon's lawyer, James St. Clair.
Paperback / Hardcover / Paperback
Implementing the Constitution
Richard H. Fallon
This book argues that the U.S. Supreme Court performs two functions. The first is to identify the Constitution's idealized "meaning." The second is to develop tests and doctrines to realize that meaning in practice. Bridging the gap between the two--implementing the Constitution--requires moral vision, but also practical wisdom and occasionally a willingness to make compromises.
Hardcover 2001
In Harm’s Way
Edited by Catharine A. MacKinnon
Edited by Andrea Dworkin
This volume contains the oral testimony of victims of pornography, recorded at hearings on a groundbreaking civil rights law drafted by Andrea Dworkin and Catharine MacKinnon. From the first hearings in Minneapolis in 1983 through those in Massachusetts in 1992, the witnesses heard here offer their personal experiences of sexual subordination due to pornography. Introduced with powerful essays by MacKinnon and Dworkin, these hearings--unabridged and with each word scrupulously verified--constitute a unique record of a major civil rights struggle.
Paperback 1998 / Hardcover 1998
In the Name of War
Christopher N. May
In the Name of War explores the roles played by Woodrow Wilson, Joseph Tumulty, Albert Burleson, and A. Mitchell Palmer--men whose personal ambitions frequently shaped official policy in the late Progressive Era. After analyzing the Court's more recent record, including the internment of Japanese-Americans in World War II, May draws some practical conclusions about the use of judicial intervention in time of crisis that are sure to attract the attention of lawyers, legal scholars, historians, and students of the Constitution.
Hardcover 1989
Innovation Corrupted
Malcolm S. Salter
In contrast to the time-line narratives of previous books on Enron that offer interesting but largely unsystematic insight into individual actions and organizational processes, Innovation Corrupted pursues a more methodical analysis of the causes and lessons of Enron’s collapse.
Hardcover 2008
Integration or Separation?
Roy L. Brooks
Integrated in principle, segregated in fact: is this the legacy of fifty years of "progress" in American racial policy? Is there hope for much better? Roy L. Brooks, a distinguished professor of law and a writer on matters of race and civil rights, says with frank clarity what few will admit--integration hasn't worked and possibly never will. Equally, he casts doubt on the solution that many African-Americans and mainstream whites have advocated: total separation of the races. This book presents Brooks's strategy for a middle way between the increasingly unworkable extremes of integration and separation.
Hardcover 1996 / Paperback 1999
Interrogations, Forced Feedings, and the Role of Health Professionals
Ryan Goodman
Mindy Jane Roseman

The involvement of health professionals in human rights and humanitarian law violations has again become a live issue as a consequence of the U.S. prosecution of conflicts with al Qaeda, the Taliban, and Iraq. In this volume, a wide range of prominent practitioners and scholars explore these issues. Their insights provide significant potential for reforming institutions to assist health professionals maintain their legal and ethical obligations in times of national crisis.

Paperback 2009
The Irony of Free Speech
Owen Fiss
How free is the speech of someone who can't be heard? Not very--and this, Owen Fiss suggests in this incisive book, is where the First Amendment comes in. He reframes the debate by showing how restrictions on political expenditures, hate speech, and pornography can be defended in terms of the First Amendment, not despite it.
Hardcover 1996 / Paperback 1998
Islam and the Secular State
Abdullahi Ahmed An-Na`im
What should be the place of Shari‘a—Islamic religious law—in predominantly Muslim societies of the world? In this book, a Muslim scholar and human rights activist envisions a positive and sustainable role for Shari‘a, based on a profound rethinking of the relationship between religion and the secular state in all societies.
Hardcover 2008 / Paperback 2009
Islamic Law in Contemporary Indonesia
Edited by R. Michael Feener
Edited by Mark E. Cammack
Although often neglected in the literature on Islamic law, contemporary Indonesia is an especially rich source of insight into the Islamic legal tradition. The essays in this volume provide focused examinations of the internal dynamics of intellectual and institutional Islamic law in modern Indonesia, together offering a substantive introduction to important developments in both the theory and practice of law in the world's most populous Muslim society.
Hardcover 2007
Islamic Legal Interpretation
Edited by Muhammad Khalid Masud
Edited by Brinkley Messick
Edited by David Powers
The world knows of Ayatollah Khomeini's fatwa in the Salman Rushdie case, yet this key institution in Muslim society has not been the subject of a major examination until now. Islamic Legal Interpretationoffers a casebook of interdisciplinary analyses of fatwas over a wide range of times and places.
Hardcover 1996
The Islamic School of Law
Edited by Peri Bearman
Edited by Rudolph Peters
Edited by Frank E. Vogel
The Islamic school of law, or madhhab, is a concept on which a substantial amount has been written but of which there is still little understanding, and even less consensus. This collection of selected papers from the III International Conference on Islamic Legal Studies, held in May 2000 at the Harvard Law School, offers building blocks toward the entire edifice of understanding the complex development of the madhhab, a development that even in the contemporary dissolution of madhhab lines and grouping continues to fascinate.
Hardcover 2006
Islands of Agreement
Gabriella Blum
We are culturally conditioned to think of war and peace in binary terms of strict opposition, tending to focus on conflict prevention or resolution. But as this book demonstrates, war and peace are increasingly coexisting entities. Accordingly, Blum suggests that even where conflict exists, we regard it as only one dimension of a multifaceted interstate relationship. The result is a shift in perspective from constricting binaries toward a more holistic approach of relationship management.
Hardcover 2007
John Brown's Trial
Brian McGinty
Mixing idealism with violence, abolitionist John Brown cut a wide swath across the United States before winding up in Virginia, where he led an attack on the U.S. armory and arsenal at Harpers Ferry. Supported by a “provisional army” of 21 men, Brown hoped to rouse the slaves in Virginia to rebellion. But he was quickly captured and, after a short but stormy trial, hanged on December 2, 1859. Brian McGinty provides the first comprehensive account of the trial, which raised important questions about jurisdiction, judicial fairness, and the nature of treason under the American constitutional system.
Hardcover 2009
Judging Under Uncertainty
Adrian Vermeule
In this book, Adrian Vermeule shows that any approach to legal interpretation rests on institutional and empirical premises about the capacities of judges and the systemic effects of their rulings. He argues that legal interpretation is above all an exercise in decisionmaking under severe empirical uncertainty. In view of their limited information and competence, judges should adopt a restrictive, unambitious set of tools for interpreting statutory and constitutional provisions.
Hardcover 2006
Jumping the Queue
Mark Kelman
Gillian Lester
This book weighs alternative conceptions of the equal opportunity principle through an empirical and ethical exploration of the Federal law which directs local school districts to award special educational opportunities to students classified as learning disabled. Kelman and Lester examine the vexing question of how we should distribute extra education funds.
Hardcover 1998
The Juridical Unconscious
Shoshana Felman

This book offers a groundbreaking account of the surprising interaction between trauma and justice. Moving from texts by Arendt, Benjamin, Freud, Zola, and Tolstoy to the Dreyfus and Nuremberg trials, as well as the trials of O. J. Simpson and Adolf Eichmann, Shoshana Felman argues that the adjudication of collective traumas in the twentieth century transformed both culture and law. This transformation took place through legal cases that put history itself on trial, and that provided a stage for the expression of the persecuted--the historically "expressionless."

Paperback 2002 / Hardcover 2002
Jurisprudence
Edgar Bodenheimer
Hardcover
Justice Oliver Wendell Holmes
Mark DeWolfe Howe
Hardcover 1957
Justice and Gender
Deborah L. Rhode
This is the first book to provide a comprehensive investigation of gender and the law in the United States. Deborah Rhode describes legal developments over the last two centuries against a background of historical and sociological changes in women's activities and attitudes toward these new developments. She shows the way cultural perceptions of gender influence and in turn are influenced by legal constructions, and what this complicated interaction implies about the possibility-or impossibility-of using law as a tool of social change.
Hardcover 1989 / Paperback 1991
Justice in Blue and Gray
Stephen C. Neff
Stephen Neff offers the first comprehensive study of the wide range of legal issues arising from the American Civil War, many of which resonate in debates to this day. This book not only provides an accessible and informative legal portrait of this critical period but also illuminates how legal issues arise in a time of crisis, what impact they have, and how courts attempt to resolve them.
Hardcover 2010
Justice in Robes
Ronald Dworkin
How should a judge's moral convictions bear on his judgments about what the law is? In his new book, Ronald Dworkin argues that this question is much more complex than it has often been taken to be and charts a variety of dimensions in which law and morals are undoubtedly interwoven. Dworkin's new collection of essays and original chapters is a model of lucid, logical, and impassioned reasoning that will advance the crucially important debate about the roles of justice in law.
Hardcover 2006 / Paperback 2008
Justice in the U.S.S.R
Harold J. Berman
Paperback
Law and Investment in Japan
Yukio Yanagida
Daniel H. Foote
Edward Stokes Johnson
J. Mark Ramseyer
Hugh T. Scogin
Law and Investment in Japan introduces both Japanese law and the strategic issues that arise in cross-border transactions. Centered around the details of an actual joint venture between the U.S. and Japan, the book combines materials from the transaction itself with cases, statutes, and background data.
Hardcover 2001
Law and Judicial Duty
Philip Hamburger
Philip Hamburger's Law and Judicial Duty traces the early history of what is today called “judicial review.” The book sheds new light on a host of misunderstood problems, including intent, the status of foreign and international law, the cases and controversies requirement, and the authority of judicial precedent. The book is essential reading for anyone concerned about the proper role of the judiciary.
Hardcover 2008
Law and Letters in American Culture
Robert A. Ferguson
Hardcover 1984 / Paperback
Law and Literature
Richard A. Posner
Paperback 2009
Law and Revolution, II, The Impact of the Protestant Reformations on the Western Legal Tradition
Harold J. Berman
Harold Berman's masterwork narrates the interaction of evolution and revolution in the development of Western law. This new volume explores two successive transformations of the Western legal tradition under the impact of the sixteenth-century German Reformation and the seventeenth-century English Revolution, with particular emphasis on Lutheran and Calvinist influences. Berman examines the far-reaching consequences of these apocalyptic upheavals on the systems in Germany and England and throughout Europe as a whole.
Hardcover 2004 / Paperback 2006
Law and Revolution: The Formation of the Western Legal Tradition
Harold J. Berman
The roots of modern Western legal institutions and concepts go back nine centuries to the papal revolution, when the Western church established its political and legal unity and its independence from emperors, kings, and feudal lords. Out of this upheaval came the Western idea of integrated legal systems consciously developed over generations and centuries.
Hardcover 1983 / Paperback 1985
Law and Social Change in Postwar Japan
Frank K. Upham
Hardcover 1989
Law and Social Norms
Eric A. Posner
Eric Posner argues that social norms are sometimes desirable yet sometimes odious, and that the law is critical to enhancing good social norms and undermining bad ones. He goes on to argue that the proper regulation of social norms is a delicate and complex task, and that current understanding of social norms is inadequate for guiding judges and lawmakers. What is needed, and what this book offers, is a model of the relationship between law and social norms.
Hardcover 2000 / Paperback 2002
Law and Society in Byzantium
Edited by Angeliki E. Laiou
Edited by Dieter Simon
Hardcover
Law and the Company We Keep
Aviam Soifer
Whether we are black, gay, Republican, female, or deaf, our associations--whether voluntary or assigned--constitute crucial elements of our identities and are presumed to be each person's own business. But as America becomes a more varied country and as issues arising out of multiculturalism threatens to divide us, it becomes essential, Avaiam Soifer argues, to recognize the rights under the First Amendment that will protect the crucial roles of groups and communities within the larger national community.
Hardcover 1998
Law and the Shaping of the American Labor Movement
William E. Forbath
In a richly detailed survey of labor law and labor history, Forbath challenges the notion of American "individualism." He shows that, over time, struggles with the courts and the legal order were crucial in reshaping labor's outlook, driving the labor movement to temper its radical goals.
Paperback 1991 / Hardcover 1991
Law, Pragmatism, and Democracy
Richard A. Posner
Richard Posner argues for a conception of the liberal state based on pragmatic theories of government. He views the actions of elected officials as guided by interests rather than by reason and the decisions of judges by discretion rather than by rules. He emphasizes the institutional and material, rather than moral and deliberative, factors in democratic decision making. Posner argues that democracy is best viewed as a competition for power by means of regular elections. Citizens should not be expected to play a significant role in making complex public policy regarding, say, taxes or missile defense.
Hardcover 2003 / Paperback 2005
Laws of Men and Laws of Nature
Tal Golan
Are scientific expert witnesses partisans, or spokesmen for objective science? This ambiguity has troubled the relations between scientists and the legal system for more than 200 years. With deep learning and wry humor, Tal Golan tells stories of courtroom drama and confusion and media jeering on both sides of the Atlantic, until the start of the twenty-first century, as the courts still search for ways that will allow them to distinguish between good and bad science.
Hardcover 2004 / Paperback 2007
Law’s Empire
Ronald Dworkin
With the incisiveness and lucid style for which he is renowned, Ronald Dworkin has written a masterful explanation of how the Anglo-American legal system works and on what principles it is grounded. Law's Empire is a full-length presentation of his theory of law that will be studied and debated--by scholars and theorists, by lawyers and judges, by students and political activists--for years to come.
Hardcover 1986 / Paperback 1988
Law’s Quandary
Steven D. Smith
This lively book reassesses a century of jurisprudential thought from a fresh perspective, and points to a malaise that currently afflicts not only legal theory but law in general. Smith argues that our legal vocabulary and methods of reasoning presuppose classical ontological commitments that were explicitly articulated by thinkers from Aquinas to Coke to Blackstone, and even by Joseph Story. But these commitments are out of sync with the world view that prevails today in academic and professional thinking. So our law-talk thus degenerates into "just words"--or a kind of nonsense.
Hardcover 2004 / Paperback 2007
The Legal Papers of John Adams
John Adams
Edited by L. Kinvin Wroth
Edited by Hiller B. Zobel
Hardcover
Legalism
Judith N. Shklar
Incisively and stylishly written, this book constitutes an open challenge to reconsider the fundamental question of the relationship of law to society.
Paperback 1986
Les Lettres de 1289 et 1305 des ilkhan Aryun et Oljeitu a Phillipe le Bel
Antoine Mostaert
Francis Woodman Cleaves
Paperback 1962
Leveling the Playing Field
Paul C. Weiler
The ideal of evenly balanced sporting contests is continually challenged by economic, social, and technological forces. Consequently, Weiler argues, the law is essential to level the playing field for players, owners, and ultimately fans and taxpayers. Using well-known incidents--and supplying little-known facts--Weiler analyzes a wide array of moral and economic issues that arise in all American competitive sports.
Hardcover 2000 / Paperback 2001
The Liability Century
Kenneth S. Abraham
Abraham explores the development and interdependency of the tort liability regime and the insurance system in the United States during the twentieth century and beyond, including the events of September 11, 2001.
Hardcover 2008
Licentious Gotham
Donna Dennis

Licentious Gotham, set in the streets, news depots, publishing houses, grand jury chambers, and courtrooms of the nation’s great metropolis, delves into the stories of the enterprising men and women who created a thriving transcontinental market for sexually arousing books and pictures. Donna Dennis offers a colorful, groundbreaking account of the birth of an indecent print trade and the origins of obscenity regulation in the United States.

Hardcover 2009
The Limits of Freedom of Contract
Michael J. Trebilcock
Our legal system is committed to the idea that private markets and the law of contracts that supports them are the primary institutions for allocating goods and services in a modern economy. Yet the market paradigm, this book argues, leaves substantial room for challenge.
Hardcover 1994 / Paperback 1997
Lincoln and the Court
Brian McGinty
In a meticulously researched and engagingly written narrative, McGinty rescues the story of Abraham Lincoln and the Supreme Court from long and undeserved neglect, recounting the compelling history of the Civil War president's relations with the nation's highest tribunal and the role it played in resolving the agonizing issues raised by the conflict.
Hardcover 2008 / Paperback 2009
Logic and the Limits of Bankruptcy Law
Thomas H. Jackson
As headlines about cash-rich corporations filing for Chapter 11 are appearing more and more frequently, bankruptcy law has come under sharp public scrutiny. Critics feel that irresponsible corporations and individuals may be using the law unfairly. In this clearly written book, legal scholar Thomas H. Jackson identifies the underlying principles of bankruptcy law and develops an economic/psychological analysis of its main problems--a framework that permits him to view the field as a whole rather than as a collection of disparate policies and historical artifacts.
Hardcover 1986
The Lost Lawyer
Anthony Kronman
In this stirring analysis, Anthony Kronman describes a spiritual crisis affecting the American legal profession. He attributes it to the collapse of what he calls the ideal of the lawyer-statesman: a set of values that prizes good judgment above technical competence and that encourages a public-spirited devotion to the law.
Paperback 1995 / Hardcover
The Lost Promise of Civil Rights
Risa L. Goluboff
Goluboff offers a provocative new account of the history of American civil rights law long dominated by Brown v. Board of Education. Since 1954, generations have viewed civil rights as a matter of breaking down formal legal barriers to integration, especially in public education. By uncovering the challenges workers and their lawyers launched against Jim Crow in the 1940s, when civil rights were legally, conceptually, and constitutionally up for grabs, Goluboff shows how Brown only partially fulfilled the lost promise of civil rights.
Hardcover 2007 / Paperback 2009
Louis D. Brandeis
Philippa Strum
Louis D. Brandeis (1856-1941) played a role in almost every important social and economic movement during his long life. This lively account of Brandeis's life and legacy, based on ten years of research in sources not available to previous biographers, reveals much that is new and gives fuller context to personal and historical events.
Hardcover 1984
Making Stories
Jerome Bruner
Stories pervade our daily lives. We use them to make sense of the world. But how does this work? In Making Stories, the eminent psychologist Jerome Bruner examines this pervasive human habit and suggests new and deeper ways to think about how we use stories to make sense of lives and the great moral and psychological problems that animate them. Looking at legal cases and autobiography as well as literature, Bruner warns us not to be seduced by overly tidy stories and shows how doubt and double meaning can lie beneath the most seemingly simple case.
Paperback 2003
The Making of the Civil Law
Alan Watson
Hardcover
Man and Wife in America
Hendrik Hartog
Exploring a century and a half of American marriage, Henrik Hartog shatters the myth of a golden age of stable marriage in the nineteenth-century. He describes the myriad ways the law shaped and defined marital relations, and how individuals manipulated the rules of the American states to fit their needs. Hartog shows how our own conflicts and confusions about marital roles and identities are rooted in the history of marriage and the legal struggles that defined and transformed it.
Hardcover 2000 / Paperback 2002
Managed Care and Monopoly Power
Deborah Haas-Wilson
As millions of Americans are aware, health care costs continue to increase rapidly. Much of this increase in health care costs is due to the development of new life-sustaining drugs and procedures, but part of it is due to the increased monopoly power of physicians, insurance companies, and hospitals, as the health care sector undergoes reorganization and consolidation. There are two tools to limit the growth of monopoly power: government regulation and antitrust policy. In this timely book, Deborah Haas-Wilson argues that enforcement of the antitrust laws is the tool of choice in most cases. Focusing on the economic concepts necessary to the enforcement of the antitrust laws in health care markets, Haas-Wilson provides a useful roadmap for guiding the future of these markets.
Hardcover 2003
Mastering Boston Harbor
Charles M. Haar
This book chronicles how America's most glorious and historically significant harbor was rescued from decades of pollution and neglect by a community of caring citizens who were linked to an environmentally committed judge and his special harbor master. This dynamic public-private team shaped novel legal and political procedures for governing and restoring the harbor.
Hardcover 2005
Max Weber on Law in Economy and Society
Max Weber
Edited and translated by Max Rheinstein
Translated by Edward A. Shils
Ever since it was made known to Englishspeaking readers by R. H. Tawney and Tolcott Parsons, the thought of Max Weber has attracted increasing attention among students of sociology, history, economics, jurisprudence, political science, and political philosophy. Of this most comprehensive and significant of all of Weber's writings, only the Introductory Part has so far been available in English. The present book contains an English translation of those parts of Economy and Society in which Weber investigates the relationship between the social phenomenon "law" and the other spheres of social life, especially the economic and the political. The translation, by Edward A. Shils and Max Rheinstein, is accompanied by an extensive introduction and explanatory and bibliographical notes by Max Rheinstein.
Hardcover 1954
A Measure of Malpractice
Paul C. Weiler
Howard Hiatt
Joseph P. Newhouse
William G. Johnson
Troyen Brennan
Lucian Leape
Hardcover
Medical Malpractice
Patricia M. Danzon
How often are patients seriously injured through faulty medical care? And what proportion of these people receive compensation for their injuries and suffering? This is the first book that tries to answer these questions in a careful, scholarly way.
Hardcover 1985
Medical Malpractice on Trial
Paul C. Weiler
Hardcover 1991
Message in a Bottle
Janet Golden
A generation has passed since a physician first noticed that women who drank heavily while pregnant gave birth to underweight infants with disturbing tell-tale characteristics. in Message in a Bottle, Golden charts the course of Fetal Alcohol Syndrome (FAS) through the courts, media, medical establishment, and public imagination.
Hardcover 2005 / Paperback 2006
Minding Justice
Christopher Slobogin
Minding Justice offers a comprehensive examination of the laws governing the punishment, detention, and protection of people with mental disabilities. A milestone in criminal mental health law, this book provides innovative solutions to ancient problems associated with criminal responsibility, protection of society from "dangerous" individuals, and the state's authority to act paternalistically.
Hardcover 2006
Minding the Law
Anthony G. Amsterdam
Jerome Bruner
In this remarkable collaboration, one of the nation's leading civil rights lawyers joins forces with one of the world's foremost cultural psychologists to put American constitutional law into an American cultural context. By close readings of key Supreme Court opinions, they show how storytelling tactics and deeply rooted mythic structures shape the Court's decisions about race, family law, and the death penalty.
Hardcover 2000 / Paperback 2002
The Miner's Canary
Lani Guinier
Gerald Torres
Like the canaries that alerted miners to a poisonous atmosphere, issues of race point to underlying problems in society that ultimately affect everyone, not just minorities. Addressing these issues is essential. Ignoring racial differences--race blindness--has failed. Focusing on individual achievement has diverted us from tackling pervasive inequalities. Now, in a powerful and challenging book, Lani Guinier and Gerald Torres propose a radical new way to confront race in the twenty-first century.
Hardcover 2002 / Paperback 2003
A Nation under Lawyers
Mary Ann Glendon
Mary Ann Glendon's book is a guided tour through the maze of the late-twentieth-century legal world. Glendon depicts the legal profession as a system in turbulence, where a variety of beliefs and ideals are vying for dominance.
Paperback 1996
Natural Law and Justice
Lloyd Weinreb
"Human beings are a part of nature and apart from it." The argument of Natural Law and Justice is that the philosophy of natural law and contemporary theories about the nature of justice are both efforts to make sense of the fundamental paradox of human experience: individual freedom and responsibility in a causally determined universe.
Hardcover 1987 / Paperback 1990
The Nature of the Common Law
Melvin Eisenberg
Much of our law is based on authoritative texts, such as constitutions and statutes. The common law, in contrast, is that part of the law that is established by the courts. Common law rules predominate in some areas of law, such as torts and contracts, and are extremely important in other areas, such as corporations. Nevertheless, it has been far from clear what principles courts use--or should use--in establishing common law rules. In this lucid yet subtly argued book, Melvin Eisenberg develops the principles that govern this process.
Paperback 1991 / Hardcover
Negotiation Analysis
Howard Raiffa
Hardcover 2003 / Paperback 2007
Oedipus at Fenway Park
Lloyd Weinreb
We speak of rights as though they are objective matters of fact that have a crucial bearing on how we ought to behave. Yet few, if any, rights are universally acknowledged without wide differences of meaning. Instead, they usually represent the particular ideals of the individuals or groups that claim them. Theories of rights have always grappled with this central problem, but none of the literature on the subject has offered a satisfactory solution. Lloyd Weinreb makes the first significant advance toward an understanding of what rights are, how they function in our lives, and why we need them.
Hardcover 1998
On Reading the Constitution
Laurence H. Tribe
Michael C. Dorf
Our Constitution speaks in general terms of "liberty" and "property," of the "privileges and immunities" of citizens, and of the "equal protection of the laws"--open-ended phrases that seem to invite readers to reflect in them their own visions and agendas. Yet, recognizing that the Constitution cannot be merely what its interpreters wish it to be, this volume's authors draw on literary and mathematical analogies to explore how the fundamental charter of American government should be construed today.
Hardcover 1991 / Paperback 1993
On the Law of Nations
Daniel Patrick Moynihan
As the era of totalitarianism recedes, the time is at hand to ask by what rules we expect to conduct ourselves, Senator Moynihan writes in this pellucid, and often ironic, examination of international law. Our founding fathers had a firm grasp on the importance and centrality of such law; later presidents affirmed it and tried to establish international institutions based on such high principles; but we lost our way in the fog of the cold war.
Hardcover 1990 / Paperback 1992
One Case at a Time
Cass R. Sunstein
One of America's preeminent constitutional scholars, Sunstein mounts a defense of the most striking characteristic of modern constitutional law: the inclination to decide one case at a time. Examining various controversies, he shows how--and why--the Court has avoided broad rulings on issues from the legitimacy of affirmative action to the "right to die," and in doing so has fostered rather than foreclosed public debate on these difficult topics.
Hardcover 1999 / Paperback 2001
Only Words
Catharine A. MacKinnon
MacKinnon contends that pornography, racial and sexual harassment, and racial hate speech are acts of intimidation, subordination, terrorism, and discrimination, and should be legally treated as such.
Paperback 1996 / Hardcover
Order without Law
Robert Ellickson
In Order without Law Robert C. Ellickson shows that law is far less important than is generally thought. He demonstrates that people largely govern themselves by means of informal rules-social norms-that develop without the aid of a state or other central coordinator. Integrating the latest scholarship in law, economics, sociology, game theory, and anthropology, Ellickson investigates the uncharted world within which order is successfully achieved without law.
Hardcover 1991 / Paperback 1994
Overcoming Law
Richard A. Posner

Richard Posner discusses the structure and behavior of the legal profession; constitutional theory; interdisciplinary approaches to law; the nature of legal reasoning; and legal pragmatism. Although written by a sitting judge, the book does not avoid controversy, and contains frank appraisals of feminist and critical race theories, the behavior of the German and British judiciaries in wartime, and the excesses of social constructionist theories of sexual behavior.

Throughout, the book is unified by Posner's distinctive stance, which is pragmatist in philosophy, economic in methodology, and liberal (in the sense of John Stuart Mill's liberalism) in politics. Brilliantly written, eschewing jargon and technicalities, it makes a major contribution to the debate about the role of law in our society.

Hardcover 1995 / Paperback 1996
The Parisian Order of Barristers and the French Revolution
Michael P. Fitzsimmons
This investigation not only revises what historians have long thought of the attitude of barristers toward the French Revolution, but also offers insights into the corporate character of Old Regime society and how the Revolution affected it.
Hardcover 1987
The Partial Constitution
Cass R. Sunstein
American constitutional law is at a crossroads. In a major new interpretation of the Constitution, Cass Sunstein offers a clear account of our present dilemmas and shows where we might go from here. As it is currently interpreted, the Constitution is partial, Sunstein asserts. It is, first of all, biased. Contemporary constitutional law treats the status quo as neutral and just, and any departure as necessarily partisan. But when the status quo is neither neutral nor just, Sunstein argues, reasoning of this sort produces injustice.
Paperback 1998 / Hardcover
Patents, Trademarks, and Related Rights
Stephen P. Ladas
Hardcover 1975
Patriots and Cosmopolitans
John Fabian Witt
Ranging from the founding era to Reconstruction, from the making of the modern state to its post-New Deal limits, John Fabian Witt illuminates the legal and constitutional foundations of American nationhood through the stories of five patriots and critics. In their own way, each of these individuals came up against the power of American national institutions to shape the directions of legal change.
Hardcover 2007
Peaceful Revolution
Maxwell Bloomfield
Although they claim to revere it, few Americans understand the Constitution's workings. Its real importance for the average citizen is as an enduring reminder of the moral vision that shaped the nation's founding. Maxwell Bloomfield looks at the broader appeal that constitutional idealism has always made to the American imagination through publications and films. He draws upon such neglected sources to illustrate the way in which media coverage contributes to major constitutional change.
Hardcover 2000
The Place of Families
Linda C. McClain
Arguing that family life helps create the virtues and character required for citizenship, McClain shows that the connection between family self-government and democratic self-government does not require the deep-laid gender inequality that has historically accompanied it. McClain argues for a political theory of the family that embraces equality, defends rights as facilitating responsibility, and supports families in ways that respect men's and women's capacities for self-government.
Hardcover 2006
Police Interrogation and American Justice
Richard A. Leo
"Read him his rights." We all recognize this line from cop dramas. But what happens afterward? In this book, Leo sheds light on a little-known corner of our criminal justice system--the police interrogation. An important study of the criminal justice system, this book provides interesting answers and raises some unsettling questions.
Hardcover 2008 / Paperback 2009
Possessing the Pacific
Stuart Banner
Banner tells the story of colonial settlement in Australia, New Zealand, Fiji, Tonga, Hawaii, California, Oregon, Washington, British Columbia, and Alaska. Possessing the Pacific is an original and broadly conceived study of how colonial struggles over land still shape the relations between whites and indigenous people throughout much of the world.
Hardcover 2007
Preliminary Union List of Materials on Chinese Law
Hardcover
Presidential Constitutionalism in Perilous Times
Scott M. Matheson
Presidents have exercised extraordinary power to protect the nation in ways that raised serious constitutional concerns about individual liberties and separation of powers. By looking at examples through different constitutional perspectives, Matheson achieves a deeper understanding of wartime presidential power in general and of President Bush’s assertions of executive power in particular.
Hardcover 2009
Private Lives
Lawrence M. Friedman
Drawing on many revealing and sometimes colorful court cases of the past two centuries, Private Lives offers a lively short history of the complexities of family law and family life--including the tensions between the laws on the books and contemporary arrangements for marriage, divorce, adoption, and child rearing.
Hardcover 2005
The Problematics of Moral and Legal Theory
Richard A. Posner
Posner characterizes the current preoccupation with moral and constitutional theory as the latest form of legal mystification--an evasion of the real need of American law, which is for a greater understanding of the social, economic, and political facts out of which great legal controversies arise. In pursuit of that understanding, Posner advocates a rebuilding of the law on the pragmatic basis of open-minded and systematic empirical inquiry and the rejection of cant and nostalgia--the true professionalism foreseen by Holmes a century ago.
Hardcover 1999 / Paperback 2002
The Problems of Jurisprudence
Richard A. Posner
In this book, one of our country's most distinguished scholar-judges shares with us his vision of the law. For the past two thousand years, the philosophy of law has been dominated by two rival doctrines. One contends that law is more than politics and yields, in the hands of skillful judges, correct answers to even the most difficult legal questions; the other contends that law is politics through and through and that judges wield essentially arbitrary powers. Rejecting these doctrines as too metaphysical in the first instance and too nihilistic in the second, Richard Posner argues for a pragmatic jurisprudence, one that eschews formalism in favor of the factual and the empirical. Laws, he argues, are not abstract, sacred entities, but socially determined goads for shaping behavior to conform with society's values
Paperback 1993 / Hardcover
Profiles, Probabilities, and Stereotypes
Frederick Schauer
When the law makes decisions about groups based on averages, the public benefit can be enormous. On the other hand, profiling and stereotyping may lead to injustice. How can we decide which stereotypes are accurate, which are distortions, which can be applied fairly, and which will result in unfair stigmatization? These decisions must rely not only on statistical and empirical accuracy, but also on morality. As Schauer argues, there is good profiling and bad profiling. If we can effectively determine which is which, we stand to gain, not lose, a measure of justice.
Hardcover 2003 / Paperback 2006
The Progressive Assault on Laissez Faire
Barbara H. Fried
This book examines the first great law and economics movement in the early part of the twentieth century through the work of one of its most original thinkers, Robert Hale. Today, Hale is best known among contemporary legal academics and philosophers for his groundbreaking writings on coercion and consent in market relations. The bulk of his writing, however, consisted of a critique of natural property rights.
Hardcover 1998 / Paperback 2001
Prosecuting Apartheid-Era Crimes?
Tyler Giannini
Susan Farbstein
Samantha Bent
Miles Jackson
Foreword by John Kani

This book presents a diverse collection of perspectives on prosecutions in South Africa, including a foreword by playwright and actor John Kani. Throughout, it highlights the important themes related to any post-conflict prosecution scheme including rule-of-law concerns, questions of evenhandedness and moral relativism, competing priorities and resource allocation, the limits of a court-centered approach to justice, and the potential transformative power of prosecutions.

Paperback 2009
Punishing Hate
Frederick M. Lawrence
In this tightly argued book, Frederick Lawrence poses the question: Should bias crimes be punished more harshly than similar crimes that are not motivated by bias? He answers strongly in the affirmative, as do a great many scholars and citizens, but he is the first to provide a solid theoretical grounding for this intuitive agreement, and a detailed model for a bias crimes statute based on the theory. The book also acts as a strong corrective to recent claims that concern about hate crimes is overblown.
Hardcover 1999 / Paperback 2002
Racism on Trial
Ian F. Haney López
Haney López tells the compelling story of the Chicano movement in Los Angeles by following two criminal trials, including one arising from the student walkouts of 1968. He demonstrates how racial prejudice led to police brutality and judicial discrimination that in turn spurred Chicano militancy. By tracing the fluid position of Mexican Americans on the divide between white and nonwhite, describing the role of legal violence in producing racial identities, and detailing the commonsense nature of race, he offers a much needed way to rethink race in the United States.
Hardcover 2003 / Paperback 2004
Raising the Bar
Edited by William P. Alford
Over the past two decades, China, Japan, Korea, Malaysia and Indonesia have been engaged in unprecedented efforts to re-cast and rapidly expand the legal profession-with profound implications not only for law, but also for politics, international relations, and society itself. Raising the Bar is the first book-length study in English of this phenomenon.
Paperback 2007
Reclaiming the Federal Courts
Larry Yackle
Go ahead and try to make a federal case of it. That may seem to be your right, but as Larry Yackle reveals in Reclaiming the Federal Courts, the guardians of that right don't see it that way. A systematic study of the role the federal courts play in enforcing the Constitution, this powerful book shows how the current conservative Supreme Court has undermined that role by restricting citizens' access to these courts.
Hardcover 1994
Reforming Products Liability
W. Kip Viscusi
Drawing on both liability insurance trends and litigation patterns, Viscusi shows that the products liability crisis is not simply a phenomenon of the 1980s but has been developing for several decades. He argues that the principal causes have been the expansion of the doctrine of design defect, the emergence of mass toxic torts, and the increase in lawsuits involving hazard warnings. This explanation differs sharply from that of most other scholars, who blame the doctrine of strict liability.
Hardcover 1991
Regulation and Its Reform
Stephen Breyer
Stephen Breyer's book is not merely a utilitarian analysis or a legal discussion of procedures; it employs the widest possible perspective to survey the full implications of government regulation-- economic, legal, administrative, political-- while addressing the complex problems of administering regulatory agencies.
Hardcover 1982 / Paperback
Regulatory Takings
William A. Fischel
William Fischel argues that the issue of takings is not so much about the details of property law as it is about the fairness of politics. The book employs jurisprudential theories, economic analysis, historical investigation, and political science to show why local land use regulations, such as zoning and rent control, deserve a higher degree of judicial scrutiny than national regulations.
Hardcover 1998
The Relevance of International Adjudication
Milton Katz
In this book, one of America's foremost legal scholars, who has extensive experience in foreign policy, administration, and international law, explores whether and to what extent decisions by international tribunals have been significant, or may yet be significant, for the settlement of international disputes. Mr. Katz believes that adjudication as an institution ranks among the great creative achievements of mankind, but it has its limitations--limits both in current practice and in its potential scope.
Hardcover 1968
Religious Freedom and the Constitution
Christopher L. Eisgruber
Lawrence G. Sager
Religion has become a charged token in a politics of division. Religious Freedom and the Constitution offers practical, moderate, and appealing terms for the settlement of many hot-button issues that have plunged religious freedom into controversy. It calls Americans back to the project of finding fair terms of cooperation for a religiously diverse people, and it offers a valuable set of tools for working toward that end.
Hardcover 2007
The Republic of Choice
Lawrence M. Friedman
In this imaginative exploration of modern legal culture, Lawrence Friedman addresses how the contemporary idea of individual rights has altered the legal systems and authority structures of Western societies. Every aspect of law, he argues--from civil rights to personal-injury litigation to divorce law--has been profoundly reshaped, reflecting the power of this concept.
Hardcover 1990 / Paperback 1998
Rethinking Juvenile Justice
Elizabeth S. Scott
Laurence Steinberg
What should we do with teenagers who commit crimes? In this book, two leading scholars in law and adolescent development argue that juvenile justice should be grounded in the best available psychological science, which shows that adolescence is a distinctive state of cognitive and emotional development. Although adolescents are not children, they are also not fully responsible adults.
Hardcover 2008
Revolution by Judiciary
Jed Rubenfeld
Although constitutional law is supposed to be fixed and enduring, its central narrative in the twentieth century has been one of radical reinterpretation--Brown v. Board of Education, Roe v. Wade, Bush v. Gore. What, if anything, justifies such radical reinterpretation? How does it work doctrinally? What, if anything, structures it or limits it? Rubenfeld finds a pattern in American constitutional interpretation that answers these questions convincingly.
Hardcover 2005
Rivayat-i Hemit-i Asawahistan
Nezhat Safa-Isfehani
Paperback 1980
Saying What the Law Is
Charles Fried
Taking the reader up to and through such controversial recent Supreme Court decisions as the Texas sodomy case and the University of Michigan affirmative action case, Fried sets out to make sense of the main topics of constitutional law: the nature of doctrine, federalism, separation of powers, freedom of expression, religion, liberty, and equality.
Hardcover 2004 / Paperback 2005
Science at the Bar
Sheila Jasanoff
Issues spawned by the headlong pace of developments in science and technology fill the courts. The realm of the law is sometimes at a loss--constrained by its own assumptions and practices, Sheila Jasanoff suggests. This book exposes American law's long-standing involvement in constructing, propagating, and perpetuating a variety of myths about science and technology.
Paperback 1997 / Hardcover
Security in Paraguay
James L. Cavallaro
Jacob Kopas
Yukyan Lam
Timothy Mayhle
Soledad Villagra de Biedermann
The perception of rising insecurity has plagued Paraguay over the past decade as the country has continued its transition from authoritarian to democratic rule. At the same time, reforms of the penal code and the code of criminal procedure have been implemented, leading many to attribute the rising sense of insecurity to the new, rights-based approach to criminal justice. In Security in Paraguay, the International Human Rights Clinic at Harvard Law School assesses the disparity between the sensation of insecurity and actual levels of urban crime.
Paperback 2008
Semblances of Sovereignty
T. Alexander Aleinikoff
In a set of cases decided at the end of the nineteenth century, the Supreme Court declared that Congress had "plenary power" to regulate immigration, Indian tribes, and newly acquired territories. Attuned to the demands of a new century, the author argues for abandonment of the plenary power cases, and for more flexible conceptions of sovereignty and citizenship.
Hardcover 2002
Separating Power
Gerhard Casper
The separation of powers along functional lines--legislative, executive, and judicial--has been a core concept of American constitutionalism since the Revolution. In Separating Power, Gerhard Casper offers a clear portrait of the issues of separation of power in the founding period, as well as a suggestion that in modern times we should be reluctant to tie separation of powers notions to their own procrustean bed.
Hardcover 1997
Separation of Church and State
Philip Hamburger
In a powerful challenge to conventional wisdom, Hamburger argues that the separation of church and state has no historical foundation in the First Amendment. The detailed evidence assembled here shows that eighteenth-century Americans almost never invoked this principle. Although Thomas Jefferson and others retrospectively claimed that the First Amendment separated church and state, separation became part of American constitutional law only much later.
Hardcover 2002 / Paperback 2004
Settler Sovereignty
Lisa Ford
In a brilliant comparative study of law and imperialism, Lisa Ford argues that modern settler sovereignty emerged when settlers in North America and Australia defined indigenous theft and violence as crime. Ford traces the emergence of modern settler sovereignty in everyday contests between settlers and indigenous people in early national Georgia and the colony of New South Wales. In both places, settler sovereignty emerged when, at the same time in history, settlers rejected legal pluralism and moved to control or remove indigenous peoples.
Hardcover 2010
Sex and Reason
Richard A. Posner
As the eminently readable judge and legal scholar Richard Posner shows, we make quite rational choices about sex, based on the costs and benefits perceived. Drawing on the fields of biology, law, history, religion, and economics, this sweeping study examines societies from ancient Greece to today's Sweden and issues from masturbation, incest taboos, date rape, and gay marriage to Baby M.
Hardcover 1992 / Paperback
Sexual Blackmail
Angus McLaren
This fascinating view of the impact of regulating sexuality from the late Victorian Age to our own time demonstrates the centrality of blackmail to sexual practices, deviance, and the law.
Hardcover 2002
Sexual Orientation and the Law
Edited by Harvard Law Review
Paperback 1990
Sexual Science and the Law
Richard Green
Hardcover
Sexy Dressing Etc
Duncan Kennedy
Duncan Kennedy argues that an American radicalism is both possible and desirable. One base for radical politics is the big institutional workplace; another is popular culture--whence his emphasis on phenomena like sexy dressing. Kennedy's aim is to wed the rebelliousness, irony, and irrationalism of cultural modernism and postmodernism to the earnestness of political correctness.
Paperback 1995 / Hardcover
Shamans, Software, and Spleens
James Boyle
James Boyle explores matters as diverse as blackmail; ownership of genetic information; insider trading; Johnny Carson, Bela Lugosi and the Gay Olympics; the doctor as artist and the patient as "public domain"; cyberspace as land; censorship; and robot slavery in this first social theory of the information age. What emerges from this discussion is a compelling argument for expanding the concept of authorship and the fair use of information.
Hardcover 1996 / Paperback 1997
Shih-ching
Ezra Pound
Paperback
Simple Rules for a Complex World
Richard Epstein
Simple Rules for a Complex World offers a sophisticated agenda for comprehensive social reform that undoes much of the mischief of the modern regulatory state. At a time when most Americans have come to distrust government at all levels, Richard Epstein shows how a consistent application of economic and political theory allows us to steer a middle path between too much and too little.
Paperback 1997 / Hardcover 1998
Sisters In Law
Virginia G. Drachman
Ranging from the 1860s when women first sought entrance into law to the 1930s when most institutional barriers had crumbled, this book defines the contours of women's integration into the most rigidly gendered profession.
Hardcover 1998 / Paperback 2001
Sovereign Virtue
Ronald Dworkin
Ronald Dworkin argues that equality, freedom, and individual responsibility are not in conflict, but flow from and into one another as facets of the same humanist conception of life and politics. Grounding his well-known thesis that true equality means equality in the value of the resources that each person commands, not in the success he or she achieves, Dworkin applies his principles to heated contemporary controversies such as the distribution of health care, affirmative action, assisted suicide, and genetic engineering.
Hardcover 2000 / Paperback 2002
Soviet Criminal Law and Procedure
Translated with commentary by Harold J. Berman
Translated by James W. Spindler
Hardcover
Soviet Legal Bibliography
Hardcover
Speaking Up
Anne Proffitt Dupre
Dupre examines the way courts have wrestled with student expression in school. Speaking Up offers eye-opening history for students, teachers, lawyers, and parents seeking to understand how the law attempts to balance order and freedom in schools.
Hardcover 2009
Speaking of Sex
Deborah L. Rhode
Speaking of Sex explores a topic that frequently is absent from our discussions about sex: the persistence of sex-based inequality and the cultural forces that sustain it. On critical issues affecting women, most Americans deny either that gender inequality is a serious problem or that it is one which they have a personal or political responsibility to address. In tracing this "no problem" problem, Speaking of Sex examines the most fundamental causes of women's disadvantages and the inadequacy of current public policy to combat them.
Hardcover 1997 / Paperback 1999
Statutory Default Rules
Einer Elhauge
Most new law is statutory law, that is, law enacted by legislators. An important question, therefore, is how should this law be interpreted by courts and agencies, especially when the text of a statute is not entirely clear. There is a great deal of scholarly literature on the rules and legal materials courts should use in interpreting statutes. This book takes a fresh approach by focusing instead on what judges should do once the legal materials fail to resolve the interpretive question.
Hardcover 2008
The Struggle for Auto Safety
Jerry L. Mashaw
David L. Harfst
Combining superb investigative reporting with incisive analysis, Jerry Mashaw and David Harfst provide a compelling account of the attempt to regulate auto safety in America. Their penetrating look inside the National Highway Traffic Safety Administration (NHTSA) spans two decades and reveals the complexities of regulating risk in a free society.
Hardcover 1990
Suburban Sweatshops
Jennifer Gordon
In 1992 Gordon founded the Workplace Project to help immigrant workers in the underground suburban economy of Long Island, New York. In a story of gritty determination and surprising hope, she weaves together Latino immigrant life and legal activism to tell the unexpected tale of how the most vulnerable workers in society came together to demand fair wages, safe working conditions, and respect from employers.
Hardcover 2005 / Paperback 2007
The Supreme Court and the American Elite, 1789-2008
Lucas A. Powe

In this engaging—and disturbing—book, a leading historian of the Court reveals the close fit between its decisions and the nation’s politics. Drawing on more than four decades of thinking about the Supreme Court and its role in the American political system, this book offers a new, clear, and troubling perspective on American jurisprudence, politics, and history.

Hardcover 2009
Surrogate Motherhood
Martha A. Field
A practice known since biblical times, surrogate motherhood has only recently leaped to prominence as a way of providing babies for childless couples--and leaped to notoriety through the dramatic case of Baby M. Contract surrogacy is officially little more than ten years old, but by 1986 five hundred babies had been born to mothers who gave them up to sperm donor fathers for a fee, and the practice is growing rapidly. Martha Field examines the myriad legal complexities that today enmesh surrogate motherhood, and also looks beyond existing legal rules to ask what society wants from surrogacy.
Paperback 1990
Taking Rights Seriously
Ronald Dworkin
What is law? What is it for? How should judges decide novel cases when the statutes and earlier decisions provide no clear answer? Do judges make up new law in such cases, or is there some higher law in which they discover the correct answer? Must everyone always obey the law? If not, when is a citizen morally free to disobey?
Hardcover 1977 / Paperback 1978
Takings
Richard Epstein
If legal scholar Richard Epstein is right, then the New Deal is wrong, if not unconstitutional. Epstein develops a coherent normative theory that permits us to distinguish between permissible takings for public use and impermissible ones. He then examines a wide range of government regulations and taxes under a single comprehensive theory.
Paperback 1985 / Hardcover 1985
Tax Expenditures
Stanley S. Surrey
Paul R. McDaniel
Hardcover 1985
Taxes and People in Israel
Harold C. Wilkenfeld
Harold C. Wilkenfeld presents a detailed account of the historical and economic realities that forged Israel's elaborate tax structure from the Ottoman period to the present day. Taxes and People in Israel comes as a welcome addition to a field which offers few critical, historical studies of the entire tax system of a country. It will be of considerable interest to tax administrators and ought to be read by every new head of a tax administration.
Hardcover 1973
Theories of Distributive Justice
John E. Roemer
John Roemer has written a unique book that critiques economists' conceptions of justice from a philosophical perspective and philosophical theories of distributive justice from an economic one.
Hardcover 1996 / Paperback 1998
Theory of International Law
G. I. Tunkin
The present volume, published in Moscow in 1970, is the most profound and comprehensive study of international legal theory yet produced by a Soviet jurist. Its author, who holds the Chair of International Law at Moscow State University and for many years was the legal adviser to the USSR Ministry of Foreign Affairs, is widely credited with elaborating the juridical underpinnings of peaceful coexistence in the USSR from the mid-1950s. This book, earlier versions of which have appeared in Eastern and Western Europe, contains the fullest statement of his views.
Hardcover 1974
Thinking Like a Lawyer
Frederick Schauer

This primer on legal reasoning is aimed at law students and upper-level undergraduates. But it is also an original exposition of basic legal concepts that scholars and lawyers will find stimulating. Schauer’s analysis of what makes legal reasoning special will be a valuable guide for students while also presenting a challenge to a wide range of current academic theories.

Hardcover 2009
A Time for Every Purpose
Todd D. Rakoff
Who organizes our time? Who decides when we must be at work and at school, when we set back our clocks, and when retail stores will close? Todd Rakoff traces the law's effect on our use of time and discovers that the structure of our time is gradually changing. As Rakoff demonstrates, the law's influence is subtle, and so ubiquitous that we barely notice it. But its structure establishes the terms by which society allocates its efforts, coordinates its many players, establishes the rhythms of life, and indeed gives meaning to the time in which we live.
Hardcover 2002
To Keep and Bear Arms
Joyce Lee Malcolm
Joyce Malcolm illuminates the historical facts underlying the current passionate debate in America about gun-related violence, the Brady Bill, and the National Rifle Association, revealing the original meaning and intentions behind the individual right to "bear arms."
Paperback 1996 / Hardcover
The Tokyo War Crimes Trial
Yuma Totani
This book assesses the historical significance of the International Military Tribunal for the Far East (IMTFE)—commonly called the Tokyo trial—established as the eastern counterpart of the Nuremberg trial in the immediate aftermath of World War II.
Hardcover 2008 / Paperback 2009
Towards Juristocracy
Ran Hirschl
Drawing upon a comprehensive comparative inquiry into the political origins and legal consequences of the recent constitutional revolutions in Canada, Israel, New Zealand, and South Africa, Hirschl shows that the trend toward constitutionalization is hardly driven by politicians' genuine commitment to democracy, social justice, or universal rights. Rather, it is best understood as the product of a strategic interplay among hegemonic yet threatened economic and political elites, attempting to insulate policymaking from the vicissitudes of democratic politics.
Hardcover 2004 / Paperback 2007
The Transatlantic Constitution
Mary Sarah Bilder
Departing from traditional approaches to colonial legal history, Mary Sarah Bilder argues that American law and legal culture developed within the framework of an evolving, unwritten transatlantic constitution that lawyers, legislators, and litigants on both sides of the Atlantic understood. The central tenet of this constitution--that colonial laws and customs could not be repugnant to the laws of England but could diverge for local circumstances--shaped the legal development of the colonial world.
Hardcover 2004 / Paperback 2008
The Transformation of American Law, 1780-1860
Morton J. Horwitz
In a remarkable book based on prodigious research, Morton J. Horwitz offers a sweeping overview of the emergence of a national legal system from English and colonial antecedents. He treats the evolution of the common law as intellectual history and demonstrates how the shifting views of private law became a dynamic element in the economic growth of the United States.
Hardcover 1976 / Paperback 1979
Transformations in American Legal History
Edited by Daniel W. Hamilton
Edited by Alfred L. Brophy

During his career at Harvard, Morton Horwitz changed the questions legal historians ask. In this book, Horwitz’s students re-examine legal history from America’s colonial era to the late twentieth century. The essays are, like Horwitz, provocative and original as they continue his transformation of American legal history.

Hardcover 2009
The Trials of Academe
Amy Gajda
Once upon a time, virtually no one in the academy thought to sue over campus disputes, and, if they dared, judges bounced the case on grounds that it was no business of the courts. Not so today. As Amy Gajda shows in this witty yet troubling book, litigation is now common on campus, and perhaps even more commonly feared. This book explores the origins and causes of the litigation trend, its implications for academic freedom, and what lawyers, judges, and academics themselves can do to limit the potential damage.
Hardcover 2009
The Trouble with Principle
Stanley Fish
Stanley Fish is an equal opportunity antagonist, and here he turns with his customary gusto to the trouble with principle. He argues that there is no realm of higher order impartiality--no neutral or fair territory on which to stake a claim--and that those who invoke one are always making a rhetorical and political gesture. In the course of making this argument, Fish takes up questions about academic freedom and hate speech, affirmative action and multiculturalism, the boundaries between church and state, and much more. Sparing no one, he shows how our notions of intellectual and religious liberty are artifacts of the very partisan politics they supposedly transcend.
Hardcover 1999 / Paperback 2001
Understanding Privacy
Daniel J. Solove
Solove offers a comprehensive overview of the difficulties involved in discussions of privacy and ultimately provides a provocative resolution. He argues that no single definition can be workable, but rather that there are multiple forms of privacy, related to one another by family resemblances. His theory bridges cultural differences and addresses historical changes in views on privacy.
Hardcover 2008 / Paperback 2009
Unfiltered
Eric Feldman
Ronald Bayer
Unfiltered tells the story of how anti-smoking advocates, public health professionals, bureaucrats, and tobacco corporations have clashed over smoking regulation. The nations discussed in this book--Australia, Canada, Denmark, France, Germany, Japan, the United Kingdom, and the United States--restrict tobacco advertising, tax tobacco products, and limit where smoking is permitted. Each is also struggling to shape a tobacco policy that ensures corporate accountability, protects individual liberty, and asserts the state's public health power.
Hardcover 2004
Venturing to Do Justice
Robert E. Keeton
Since 1958 state courts of last resort in the United States have handed down a notably larger number of overruling decisions than ever before. This distinctive record raises many questions about how and by whom law reform should be effected. Mr. Keeton examines this issue in relation to private law the branch of law concerned with the rights and duties of private individuals toward each other, enforceable through civil proceedings.
Hardcover 1969
The Wallace Stevens Case
Thomas Grey
Wallace Stevens was not only one of America's outstanding modernist poets but also a successful insurance lawyer--a fact that continues to intrigue many readers. In this important extension of the recent law-and-literature movement, Grey reveals Stevens as a philosophical poet and implicitly a pragmatist legal theorist, who illustrates how human thought proceeds through "assertion, qualification, and qualified reassertion," and how reason and passion fuse together in the act of interpretation.
Hardcover 1991
The Warren Court
Archibald Cox
The appointment of Earl Warren as Chief Justice of the United States in 1953 marked the opening of a new era in the nation's constitutional development. In these lectures, originally given in somewhat shorter form in Honolulu in the summer of 1967 under the joint auspices of Harvard Law School and the University of Hawaii, Mr. Cox describes the main lines of constitutional development under the Warren Court. He analyzes the underlying pressures involved and the long-range institutional consequences in terms of the distribution of governmental power.
Hardcover 1968
The Warren Court and American Politics
Lucas A. Powe
In a learned and lively narrative discussing over 200 significant rulings, Lucas Powe explores why the Supreme Court under Chief Justice Earl Warren was the most revolutionary and controversial Supreme Court in American history. Challenging the reigning consensus that the Warren Court, fundamentally, was protecting minorities, Lucas Powe looks at the Supreme Court in the wide political environment to find the Warren Court to be a functioning partner in Kennedy-Johnson liberalism.
Hardcover 2000 / Paperback 2002
We the People, Volume 1, Foundations
Bruce Ackerman
Hardcover 1991 / Paperback 1993
We the People, Volume 2, Transformations
Bruce Ackerman
Constitutional change, seemingly so orderly, has in fact always been a revolutionary process, as Bruce Ackerman makes clear in We the People: Transformations. After the Civil War, Abraham Lincoln and the Republican Party revolutionized the traditional system of constitutional amendment as they put principles of liberty and equality into higher law. Another wrenching transformation occurred during the Great Depression, when Franklin Roosevelt and his New Dealers vindicated a new vision of activist government against an assault by the Supreme Court. These are the crucial episodes in American constitutional history that Ackerman takes up in this second volume of a trilogy hailed as "one of the most important contributions to American constitutional thought in the last half-century" (Cass Sunstein, New Republic).
Hardcover 1998 / Paperback 2000
We, the Jury
Jeffrey Abramson
In a new preface to this foundational book on the American jury, Abramson responds to his critics, defends his views on the jury as an embodiment of deliberative democracy in action, and reflects on recent jury trials and reforms.
Paperback 2000
What Are Freedoms For?
John H. Garvey
In this work John Garvey argues that we should understand freedom as a right to act, not a right to choose; and furthermore, we should view freedom as a right to engage in actions that are good and valuable. This may seem obvious, but it inverts a central principle of liberalism--the idea that the right is prior to the good.
Paperback 2000 / Hardcover
What Blood Won't Tell
Ariela J. Gross
Unearthing the legal history of racial identity, Gross’s book examines the paradoxical and often circular relationship of race and the perceived capacity for citizenship in American society.
Hardcover 2008
What's Wrong with Children's Rights
Martin Guggenheim
From foster care to adoption to visitation rights and beyond, Guggenheim offers a trenchant analysis of the most significant debates in the children's rights movement, particularly those that treat children's interests as antagonistic to those of their parents. Guggenheim argues that "children's rights" can serve as a screen for the interests of adults, who may have more to gain than the children for whom they claim to speak.
Hardcover 2005 / Paperback 2007
When Is Discrimination Wrong?
Deborah Hellman
Hellman develops a much-needed general theory of discrimination. She demonstrates that many familiar ideas about when discrimination is wrong—when it is motivated by prejudice, grounded in stereotypes, or simply departs from merit-based decision-making—won’t adequately explain our widely shared intuitions. When Is Discrimination Wrong? explores what it means to treat people as equals and thus takes up a central problem of democracy.
Hardcover 2008
Who Owns Academic Work?
Corynne McSherry
Drawing on legal, historical, and qualitative research, Corynne McSherry explores the propertization of academic work and shows how that process is shaking the foundations of the university, the professoriate, and intellectual property law. The rush of universities and scholars to defend their knowledge as property dangerously undercuts a working covenant that has sustained academic life--and intellectual property law--for a century and a half. As the value structure of the research university is replaced by the inequalities of the free market, academics risk losing a language for talking about knowledge as anything other than property.
Hardcover 2001 / Paperback 2003
Who Owns Native Culture?
Michael F. Brown
Who Owns Native Culture? documents the efforts of indigenous peoples to redefine heritage as a proprietary resource. By focusing on the complexity of actual cases, Brown casts light on indigenous claims in diverse fields--religion, art, sacred places, and botanical knowledge. He proposes alternative strategies for defending the heritage of vulnerable native communities without blocking the open communication essential to the life of pluralist democracies.
Hardcover 2003 / Paperback 2004
Who Owns the Sky?
Stuart Banner
A collection of curious tales questioning the ownership of airspace and a reconstruction of a truly novel moment in the history of American law, Banner’s book reminds us of the powerful and reciprocal relationship between technological innovation and the law.
Hardcover 2008
Wild Beasts and Idle Humors
Daniel Robinson
Wild Beasts and Idle Humours takes readers on an illuminating journey through the changing historical landscape of human nature and offers an unprecedented look at the legal conceptions of insanity from the pre-classical Greek world to the present. This book will be essential reading for anyone interested in the evolution of thinking about legal insanity.
Hardcover 1996 / Paperback 1998
Women's Lives, Men's Laws
Catharine A. MacKinnon
In the past twenty-five years, no one has been more instrumental than MacKinnon in making equal rights real for women. This collection, the first since MacKinnon's celebrated Feminism Unmodified appeared in 1987, brings together previously uncollected and unpublished work in the national arena from 1980 to the present, defining her clear, coherent, consistent approach to reframing the law of men on the basis of the lives of women.
Hardcover 2005 / Paperback 2007
The World of Benjamin Cardozo
Richard Polenberg
"The sordid controversies of litigants," Benjamin Cardozo once said, are "the stuff from which great and shining truths will ultimately be shaped." As one of America's most influential judges, first on New York State's Court of Appeals and then on the United States Supreme Court, Cardozo (1870-1938) oversaw this transformation daily. How he arrived at his rulings, with their far-reaching consequences, becomes clear in this book, the first to explore the connections between Benjamin Cardozo's life and his jurisprudence.
Hardcover 1997 / Paperback 1999
Writings on Soviet Law and Soviet International Law
Hardcover
Zechariah Chafee, Jr
Donald L. Smith
Hardcover 1986