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- LAW: Civil Rights
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- LAW: Criminal Law
- LAW: Criminal Procedure
- LAW: Discrimination
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- LAW: General
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- LAW: Judicial Power
- LAW: Jurisprudence
- LAW: Jury
- LAW: Legal History
- LAW: Liability
- LAW: Military
- LAW: Privacy
- LAW: Property
- LAW: Taxation
- LAW: Torts
- Presidential Constitutionalism in Perilous Times
- Hardcover February 2009
- Speaking Up
- Hardcover January 2009
- Who Owns the Sky?
- Hardcover November 2008
- The Economic Structure of International Law
- Hardcover November 2008
- Law and Judicial Duty
- Hardcover November 2008
- What Blood Won't Tell
- Hardcover October 2008
- Governing Nonprofit Organizations
- 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.
- Paperback September 2008
- Rethinking Juvenile Justice
- Hardcover September 2008
- Comparative Studies and the Right to Health
- 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 July 2008
- When Is Discrimination Wrong?
- 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 June 2008
- Innovation Corrupted
- 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 June 2008
- Security in Paraguay
- 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 June 2008
- Holding Bishops Accountable
- 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 May 2008
- Understanding Privacy
- 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 May 2008
- Bending Science
- 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 May 2008
- How Judges Think
- 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 April 2008
- Justice in Robes
- 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.
- Paperback April 2008
- The Tokyo War Crimes Trial
- 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 April 2008
- The Antitrust Enterprise
- 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.
- Paperback March 2008
- Islam and the Secular State
- 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 March 2008
- The Liability Century
- 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 March 2008
- The Transatlantic Constitution
- 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.
- Paperback March 2008
- Death by a Thousand Cuts
- 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 March 2008
- Academic Freedom in the Wired World
- 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 February 2008
- Lincoln and the Court
- 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 February 2008
- Police Interrogation and American Justice
- "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 February 2008
- Statutory Default Rules
- 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 February 2008
- Are Women Human?
- 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.
- Paperback November 2007
- Islamic Law in Contemporary Indonesia
- 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 November 2007
- Possessing the Pacific
- 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 November 2007
- Constitutional Self-Government
- Paperback September 2007
- Laws of Men and Laws of Nature
- 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.
- Paperback September 2007
- Law’s Quandary
- 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.
- Paperback September 2007
- Towards Juristocracy
- 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.
- Paperback September 2007
- What's Wrong with Children's Rights
- 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.
- Paperback September 2007
- Raising the Bar
- 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 July 2007
- Her Day in Court
- 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 June 2007
- The Constitution's Text in Foreign Affairs
- 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 June 2007
- The Lost Promise of Civil Rights
- 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 May 2007
See also: All Books in LAW.