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Abortion and Divorce in Western Law

Mary Ann Glendon

Paperback

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

Agent Orange on Trial

Peter H. Schuck

Hardcover 1986 / Paperback

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 Law and the Constitutional Order

Lawrence M. Friedman, Editor

Harry N. Scheiber, Editor

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

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

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

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

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

China's Practice of International Law

Jerome Alan Cohen

Hardcover 1972

Colonial Justice in Western Massachusetts, 1639-1702

Joseph H. Smith, Editor

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

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

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 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

Constitutional Choices

Laurence H. Tribe

Hardcover 1985 / Paperback

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

Hardcover 2001 / Paperback 2007

Contemporary Chinese Law

Jerome Alan Cohen

Hardcover 1970

Contract as Promise

Charles Fried

Hardcover 1981 / Paperback

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

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

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

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 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

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

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

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

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

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

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

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

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

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

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

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

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

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

In Harm’s Way

Catharine A. MacKinnon, Editor

Andrea Dworkin, Editor

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

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

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

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 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 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

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

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

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

Les Lettres de 1289 et 1305 des ilkhan Aryun et Oljeitu a Phillipe le Bel

Antoine Mostaert

Francis Woodman Cleaves

Paperback 1962

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 / Hardcover

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

The Making of the Civil Law

Alan Watson

Hardcover

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

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

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

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

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

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

Preliminary Union List of Materials on Chinese Law

Hardcover

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 / Hardcover

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

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

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

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

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

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 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

Shih-ching

Ezra Pound

Paperback

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

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

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

Takings

Richard Epstein

Hardcover 1985 / Paperback

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

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

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 Transformation of American Law, 1780-1860

Morton J. Horwitz

Hardcover 1976 / Paperback

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

We the People, Volume 1, Foundations

Bruce Ackerman

Hardcover 1991 / Paperback 1993

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

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