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- Justice in Blue and Gray
- 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 February 2010
- The Art and Craft of International Environmental Law
- 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 January 2010
- The Double Helix and the Law of Evidence
- 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 January 2010
- Settler Sovereignty
- 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 January 2010
- Children and Transitional Justice
- 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 December 2009
- 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.
- Paperback October 2009
- 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.
- Paperback October 2009
- American Homicide
- 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 October 2009
- Force and Freedom
- 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 October 2009
- The Trials of Academe
- 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 October 2009
- John Brown's Trial
- 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 October 2009
- Capital Rules
- 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.
- Paperback September 2009
- 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.
- Paperback September 2009
- 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.
- Paperback September 2009
- Prosecuting Apartheid-Era Crimes?
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 August 2009
- 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 2009
- 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.
- Paperback June 2009
- Interrogations, Forced Feedings, and the Role of Health Professionals
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 May 2009
- The Birthright Lottery
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 April 2009
- Criminal Justice in China
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 April 2009
- Law and Literature
- Paperback April 2009
- Thinking Like a Lawyer
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 April 2009
- The Supreme Court and the American Elite, 1789-2008
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 April 2009
- The Common Law
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 April 2009
- 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.
- Paperback April 2009
- Licentious Gotham
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 March 2009
- Transformations in American Legal History
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 March 2009
- Presidential Constitutionalism in Perilous Times
- 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 February 2009
- Speaking Up
- 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 January 2009
- 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 December 2008
- Who Owns the Sky?
- 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 November 2008