Harvard University Press - LAW

Interrogations, Forced Feedings, and the Role of Health Professionals

Fri, 15 May 2009 00:00:00 EDT

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 May 2009

Lincoln and the Court

Fri, 15 May 2009 00:00:00 EDT

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.
Paperback May 2009

Prosecuting Apartheid-Era Crimes?

Fri, 15 May 2009 00:00:00 EDT

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 May 2009

The Birthright Lottery

Thu, 30 Apr 2009 00:00:00 EDT

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 April 2009

Criminal Justice in China

Thu, 30 Apr 2009 00:00:00 EDT

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 April 2009

Law and Literature

Thu, 30 Apr 2009 00:00:00 EDT

Richard A. Posner
Paperback April 2009

Thinking Like a Lawyer

Mon, 27 Apr 2009 00:00:00 EDT

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 April 2009

The Supreme Court and the American Elite, 1789-2008

Fri, 17 Apr 2009 00:00:00 EDT

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 April 2009

The Common Law

Wed, 15 Apr 2009 00:00:00 EDT

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 April 2009

The Tokyo War Crimes Trial

Wed, 1 Apr 2009 00:00:00 EDT

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.
Paperback April 2009

Licentious Gotham

Tue, 31 Mar 2009 00:00:00 EDT

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 March 2009

Transformations in American Legal History

Tue, 31 Mar 2009 00:00:00 EDT

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 March 2009

Presidential Constitutionalism in Perilous Times

Mon, 16 Feb 2009 00:00:00 EST

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 February 2009

Speaking Up

Thu, 8 Jan 2009 00:00:00 EST

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 January 2009

Governing Nonprofit Organizations

Mon, 15 Dec 2008 00:00:00 EST

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.
Paperback December 2008

Who Owns the Sky?

Sun, 30 Nov 2008 00:00:00 EST

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 November 2008

The Economic Structure of International Law

Sat, 1 Nov 2008 00:00:00 EDT

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 November 2008

Law and Judicial Duty

Sat, 1 Nov 2008 00:00:00 EDT

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 November 2008

What Blood Won't Tell

Fri, 31 Oct 2008 00:00:00 EDT

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 October 2008

Rethinking Juvenile Justice

Tue, 30 Sep 2008 00:00:00 EDT

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 September 2008

Innovation Corrupted

Mon, 30 Jun 2008 00:00:00 EDT

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 June 2008

Security in Paraguay

Mon, 30 Jun 2008 00:00:00 EDT

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 June 2008