Judith Wagner DeCew provides a solid philosophical foundation for legal discussions of privacy by articulating and unifying diverse arguments on the right to privacy and on how it should be guaranteed in various contemporary contexts. Philosophers and legal theorists tend either to define privacy narrowly or to abandon privacy as conceptually incoherent, she claims. In order to assess how far privacy should extend, and determine how the wide range of specific cases can be reconciled, DeCew surveys the history of the notion of privacy as it first evolved in American tort law and constitutional law and then analyzes current characterizations. In different contexts, privacy has been defined on the basis of information, autonomy, property, and intimacy. DeCew's broader claim is that privacy has fundamental value because it allows us to create ourselves as individuals, offering us freedom from judgment, scrutiny, and the pressure to conform. Feminist theorists often view privacy as a tool for shielding abuses. DeCew responds to this feminist critique of privacy, as well as addressing the issues of abortion and of gay and lesbian sexuality in the context of specific landmark legal cases. In discussions of Roe v. Wade, Bowers v. Hardwick, and the Hart/Devlin debates on decriminalization of homosexuality and prostitution, DeCew applies her broad theory to sexual and reproductive privacy, anti-sodomy laws, and the legislation and enforcement of morals. She finally discusses the intersection of privacy with public safety concerns, such as drug testing, and in light of new communication technologies, such as caller ID.

Pollock and Maitland's classic The History of English Law before the time of Edward I is perhaps unique amongst late Victorian historical works in remaining the fundamental text on its subject a hundred years later. The current volume gathers leading legal historians to celebrate Maitland's achievement, to analyse his methods, to assess his legacy, and to suggest new directions for research into the history of English law before the reign of Edward I.

In 1894, disturbed by the blatant collusion between the courts and industry against labor during the Pullman Strike, Clarence S. Darrow (1857-1938) resigned from his lucrative job as chief counsel for the Chicago and North Western Railway to defend, without fee, Eugene V. Debs, president of the nascent American Railway Union. His bold action - the first of many - marked the beginning of one of the most extraordinary and influential legal careers in American history. In The Story of My Life he recounts, and reflects on, his more than fifty years as a corporate, labor, and criminal lawyer, including the most celebrated and notorious cases of his day: establishing the legal right of a union to strike in the Woodworkers' Conspiracy Case; exposing, on behalf of the United Mine Workers, the shocking conditions in the mines - and the widespread use of child labor; defending Leopold and Loeb for the Chicago "thrill" murder; defending a teacher's right to present the Darwinian theory of evolution in the famous "monkey" trial; fighting racial hatred in the Sweet anti-Negro and Scottsboro cases; and much more. Written in his disarming, conversational style, and full of refreshingly relevant views on capital punishment, civil liberties, and the judicial system, Darrow's autobiography is a fitting final summation of a remarkable life.

What can law firms do to ensure justice for all? How can they serve the needs of those unable to pay? How can law firms improve the quality of life for their lawyers? At a time when government support for legal aid is limited and under fire, when recent U.S. presidents have urged increased volunteerism, when the American Bar Association's Law Firm Pro Bono Challenge is under way, and when some within the legal profession have called for mandatory pro bono work, this new book examines these important questions. The Law Firm and the Public Good blends academic scholarship with real world experience as it brings together lawyers who have wrestled with the pressures of everyday practice. Concerned about deepening the commitment of large law firms to the wider community, the authors seek to provide a blueprint for firms concerned with creating, developing, implementing, and evaluating pro bono programs. Moving beyond the ethical arguments which justify a law firm's commitment to community service, the authors argue that pro bono work is in the firm's self-interest. They show that a heightened concern with the public good can improve a lawyer's spirit, sharpen lawyering skills, and enhance the humanistic traditions of law practice. They conclude that professional responsibility and self- interest support the same conclusion: that the law firm and the public good are inextricably linked and that each can draw strength from the other in ways that nourish both. The contributors are William A. Bradford, Jr., Hogan & Hartson; Senior Circuit Judge Frank M. Coffin, U.S. Court of Appeals for the First Circuit; Anthony F. Earley, Jr., Detroit Edison; Marc Galanter, University of Wisconsin-Madison; Donald W. Hoagland, Davis, Graham & Stubbs; William C. Kelly, Jr., Latham & Watkins; Esther F. Lardent, director of the ABA's Law Firm Pro Bono Project; Edwin L. Noel, Armstrong, Teasdale, Schlafly & Davis; Thomas Palay, University of Wisconsin-Madison; Judge Barrington D. Parker, Jr., U.S. District Court, Southern District of New York; and Lewis F. Powell, III, Hunton & Williams.

This is a broad history of the western European legal tradition. From the modern age the author looks back to a time when Europe had a common law that transcended national and legal boundaries. This common law, which Bellomo calls the ""ius commune"", had developed in the 12th century from the fusion of Roman, canon and feudal law. Existing within the framework of the ""ius commune"" were the local laws or ""iura propria"" - the myriad laws of everyday life, the laws particular to the various kingdoms, principalities, cities, guilds and secular and ecclesiastical corporations. Bellomo illustrates how for centuries the ""ius commune"" permeated every aspect of the ""iura propria"", marking European law indelibly with its stamp. Because the ""iura propria"" emerged from the unifying norms and principles of the ""ius commune"", one can not properly understand local European systems of law without first understanding the ""ius commune"" and its influence on the legal concepts, institutions, procedures, documents, and doctrines of the ""iura propria"". Linking his history to modern day concerns, Bellomo argues that the codification that occurred in European countries during the 18th and 19th centuries has introduced ambiguity, rigidity and uncertainty into legal systems. A new common law for the whole of Europe, he asserts, would provide a much better vehicle for legal change and development in a time when the economic barriers between European nations are crumbling. Bellomo then describes the beginnings of the ""ius commune"" in the schools of the 12th century, discusses the development of Italian, French and German ""iura propria"", and incorporates into the text sketches of the great jurists who gave common law its intellectual vigour. He concludes with an account of the humanist jurists of the 15th, 16th and early 17th centuries.

Recent advances in medical technology have greatly increased physicians' ability to prolong life and have provoked widespread public concern regarding the rights of individuals to refuse treatment. The Right to Die analyzes the right to die as a controversial social and political issue and examines its development in contemporary public policy.

The Culture Of Disbelief has  been the subject of an enormous amount of media  attention from the first moment it was published.  Hugely successful in hardcover, the Anchor paperback  is sure to find a large audience as the  ever-increasing, enduring debate about the relationship of  church and state in America continues. In The  Culture Of Disbelief, Stephen Carter  explains how we can preserve the vital separation of  church and state while embracing rather than  trivializing the faith of millions of citizens or  treating religious believers with disdain. What makes  Carter's work so intriguing is that he uses liberal  means to arrive at what are often considered  conservative ends. Explaining how preserving a special  role for religious communities can strengthen our  democracy, The Culture Of Disbelief  recovers the long tradition of liberal religious  witness (for example, the antislavery,  antisegregation, and Vietnam-era antiwar movements). Carter  argues that the problem with the 1992 Republican  convention was not the fact of  open religious advocacy, but the political  positions being advocated.

This reissue describes the complete history of Islamic jurisprudence from its origins, through the Medieval period, to modern times. The work demonstrates how, although religious law lies at the heart of Islamic culture, Islamic states have recently modified the law to meet society's changing values. The author considers the problems of such legal reform, referring to a wide variety of substantive legal rules and institutions.

Many commentators on the contemporary United States believe that current rates of litigation are a sign of decay in the nation's social fabric. Law and Community in Three American Towns explores how ordinary people in three towns located in New England, the Midwest, and the South view the law, courts, litigants, and social order.

Carol J. Greenhouse, Barbara Yngvesson, and David M. Engel analyze attitudes toward law and law users as a way of commentating on major American myths and ongoing changes in American society. They show that residents of "Riverside," Sander County, and Hopewell interpret litigation as a sign of social decline, but they also value law as a symbol of their local way of life. The book focuses on this ambivalence and relates it to the deeply-felt tensions express between community and rights as rival bases of society.

The authors, two anthropologists and a lawyer, each with an understanding of a particular region, were surprised to discover that such different locales produced parallel findings. They undertook a comparative project to find out why ambivalence toward the law and law use should be such a common refrain. The answer, they believe, turns out to be less a matter of local traditions than of the ways that people perceive the patterns of their lives as being vulnerable to external forces of change."

In this New York Times bestseller, David Brock, a leading investigative journalist in America, presents an argument of the fact and fiction that made up the Hill-Thomas hearings of 1991. Presenting a thorough investigation of the evidence in the Thomas-Hill hearings, Brock argues that there was no reason to believe Anita Hill's accusations of sexual harassment against Clarence Thomas. "The Real Anita Hill is well written, carefully reasoned, and powerful in its logic. It is must reading for anyone who feels remotely touched by this case. ...The questions [Brock] leaves the reader pondering are ancient but vital: how do you keep separate the bad means and the good ends; how do you keep the bad means from rotting the entire system?" - Christopher Lehmann-Haupt, The New York Times

This groundbreaking book addresses the ominous trend of introducing and passing laws and court decisions regulating the actions of women and the control of their bodies. One of the few books published on the criminalization of women's bodies, this timely book takes a serious look at the effect these laws would have on women and the threat to their autonomy, privacy, and control; their bodily integrity; control over reproductive capacities; and their constitutional rights. From ancient literature to the literature and law of contemporary society, a woman's value has often rested on her fulfilling expected roles as wife and mother. The lack of respect for women inherent in this predominantly male-oriented line of thinking is reinforced in this new trend of legislation and court decisions attempting to regulate women's behavior and reproductive capacity. The Criminalization of a Woman's Body thoroughly discusses these special laws governing women's personal choices and the threats these laws and court decisions pose to women's autonomy and constitutional rights. Scholars from Israel, Italy, and the United States provide a multidimensional discussion of the problem facing women in many, if not all, countries. Contributors represent various disciplines including, law, philosophy, medicine, political science, sociology, women's studies, and criminal justice. Articles analyze sensitive issues surrounding abortion and its impending criminalization in several countries; controversial topics on contract motherhood; the power of administrative agencies to control and informally criminalize pregnant women and new mothers; policies meant to protect the fetus from pregnant women who deviate from medically, socially, and legally sanctioned behavior which may deter women from seeking any medical care; and the destruction of families due to the criminalization of pregnant women and new mothers and the consequent removal of their children and placement into foster care. Professors, students, librarians, agency workers dealing with women's issues, and women and men in the general public will find this important book a helpful tool in sorting through the complex issues on criminalizing women's bodies.

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.

Who is responsible for juvenile delinquency? Mark D. Jacobs uses ethnographic, statistical, and literary methods to uncover the many levels of disorganization in American juvenile justice. By analyzing the continuities betwen normal casework and exceptional cases, he reveals that probation officers must commonly contrive informal measures to circumvent a system which routinely obstructs the delivery of services to their clients. Jacobs defines the concept of the no-fault society to describe the larger context of societal disorder and interpersonal manipulation that the juvenile justice system at once reflects and exacerbates.

It is not unusual for communication and media researchers to study law or legal issues, nor is it uncommon for legal scholars to study communication law. But it is something of a departure for the two to commingle, which is what Cohen and Gleason have accomplished in this innovative volume. Social Research in Communication and Law is a practical guide for conducting research involving both legal and communication questions. Offering rich citations and examples from existing literature, this engaging volume shows communication law scholars how to make more effective use of the methodologies employed in communication science. Topics addressed include reconciling communication and law, social research approaches to libel, and theories pertaining to freedom of expression. Cohen and Gleason have produced a valuable book that can be effectively used to supplement courses in communication law, history, sociology, and media ethics. In addition, scholars and researchers in the above fields will also benefit from this unique volume. "Cohen and Gleason provide a practical guide for conducting research involving both legal and communication questions. The book shows communication law scholars how to make more effective use of the social science methodologies." --Journal of Broadcasting and Electronic Media

It is not unusual for communication and media researchers to study law or legal issues, nor is it uncommon for legal scholars to study communication law. But it is something of a departure for the two to commingle, which is what Cohen and Gleason have accomplished in this innovative volume. Social Research in Communication and Law is a practical guide for conducting research involving both legal and communication questions. Offering rich citations and examples from existing literature, this engaging volume shows communication law scholars how to make more effective use of the methodologies employed in communication science. Topics addressed include reconciling communication and law, social research approaches to libel, and theories pertaining to freedom of expression. Cohen and Gleason have produced a valuable book that can be effectively used to supplement courses in communication law, history, sociology, and media ethics. In addition, scholars and researchers in the above fields will also benefit from this unique volume. "Cohen and Gleason provide a practical guide for conducting research involving both legal and communication questions. The book shows communication law scholars how to make more effective use of the social science methodologies." --Journal of Broadcasting and Electronic Media

What can abortion and divorce laws in other countries teach Americans about these thorny issues? In this incisive new book, noted legal scholar Mary Ann Glendon looks at the experiences of twenty Western nations, including the United States, and shows how they differ, subtly but profoundly, from one another. Her findings challenge many widely held American beliefs. She reveals, for example, that a compromise on the abortion question is not only possible but typical, even in societies that are deeply divided on the matter. Regarding divorce, the extensive reliance on judicial discretion in the United States is not the best way to achieve fairness in arranging child support, spousal maintenance, or division of property-to judge by the experience of other countries. Glendon's analysis, by searching out alternatives to current U.S. practice, identities new possibilities of reform in these areas. After the late 1960s abortion and divorce became more readily available throughout the West-and most readily in this country-but the approach of American law has been anomalous. Compared with other Western nations, the United States permits less regulation of abortion in the interest of the fetus, provides less public support for maternity and child-rearing, and does less to mitigate the economic hardships of divorce through public assistance or enforcement of private obligations of support. Glendon looks at these and more profound differences in the light of a powerful new method of legal interpretation. She sees each country's laws as part of a symbol-creating system that yields a distinctive portrait of individuals, human life, and relations between men and women, parents and children, families and larger communities. American law, more than that of other countries, employs a rhetoric of rights, individual liberty, and tolerance for diversity that, unchecked, contributes to the fragmentation of community and its values. Contemporary U.S. family law embodies a narrative about divorce, abortion, and dependency that is probably not the story most Americans would want to tell about these sad and complex matters but that is recognizably related to many of their most cherished ideals.

On the 27th of September 1968, the six EC Member States signed the Brussels Convention on jurisdiction and the enforcement of judgments in civil and commercial matters. 50 years later, the European Court of Justice and the Max Planck Institute Luxembourg organised an international conference on the major developments, achievements and challenges of the European law of civil procedure. This book brings together contributions written by members of the Court of Justice of the European Union, established academics and young researchers reflecting on the Brussels Regime. It offers insights on the dialogue between the Court of Justice and national courts on the interpretation of the European law of civil procedure and how it shaped the Europeanisation of private international law. Beyond this assessment of the past, the book offers some reflections on the future architecture of the European law of civil procedure and the suitability of the Brussels regime to the challenges of the current era. This will be read with interest by academics, practitioners and policy-makers.

The fourth edition of this well established and highly regarded work on EU law maintains its character by combining comprehensive yet accessible coverage with in-depth analysis of the law and student-friendly pedagogy. It is fully up to date so encompassing critical examination of new important judgments of EU and national courts and developments in institutional, constitutional and substantive EU Law. The book keeps its unique style in that it is both a textbook and a casebook. Case summaries are highlighted in colour-tinted boxes for ease of reference, and are accompanied by key facts and critical analysis, often in the light of subsequent developments. The student-friendly approach is enhanced by market-driven pedagogical features, including: Concise outlines, at the beginning of each chapter describing its content and assisting in revision; An aide-memoire, often presented in diagrammatic form, at the end of each chapter to highlight and reinforce key points; End of chapter recommended reading lists to encourage and facilitate further research; End of chapter problem and essay questions testing the students' ability to apply what they have learnt; Cross-references to show how topics are interrelated; and A map identifying EU Member States, candidate States; and, potential candidate States. The book's companion website offers a range of teaching and learning resources including an interactive timeline of the EU, useful web links, self-test questions and much more. This book is essential reading for those studying EU law on both undergraduate and postgraduate courses and will be of interest to students of political science, social science and business studies.

This book is about how European Union (EU) law is made. It is about the ways in which legally binding rules in the form of EU Regulations, Directives and Decisions are produced through interaction between the EU institutions: the independent European Commission; the Council, bringing together the Member States; and the European Parliament, directly elected by EU citizens. It has a particular approach which distinguishes it from the many other books which are published on EU law, institutions, politics and policies. The aim is to make it possible for people not only to see the big picture of EU law-making, and to understand the main principles which underlie this system, but also to find a lot of the practical details.

It therefore offers a concise overview of EU law-making which highlights the main principles and structures involved, and it places the different steps in context around a policy cycle . This cycle is illustrated not only by examples and mini-cases at all stages, but also by a more detailed case study which looks at the EU Timber Regulation around the whole cycle. In addition, the book supplies details about the procedures and practices of law-making which are often sought after by EU policy practitioners, as well as students of EU decision-making, and which so far have not been easily, if at all, to be found in published literature.

While the book should be of use and interest to all those interested in how the EU works, it is written with a certain emphasis on what it all means for public actors. Almost all public officials in Europe are affected in one way or another by decisions taken in the EU, and an increasing number of officials are directly involved in shaping or implementing these decisions. Yet, as the EU has grown in size, scope and complexity, it has become increasingly difficult for people to have a clear idea of what the EU actually does, and how it really works. It is not always obvious, even to officials who are personally involved, how individual actions in the EU setting fit into the overall policy process. This book aims to answer that question."

The military trial of William Calley for his role in the slaughter of five hundred or more Vietnamese civilians at My Lai shocked a nation already sharply divided over a controversial war. In this superb retelling of the My Lai story through the prism of the law, Michal Belknap provides new perspectives and keen insights into core issues about the war that still divide Americans today.

One of the most highly publicized trials of its day, the Calley case emerged at a time when protests against the war were growing larger, louder, and more intense. Well aware of this, the Nixon administration sought to downplay the My Lai incident, which military officers in Vietnam had tried to cover up in order to protect their own careers and reputations. It might never have come to light had it not been for the efforts of Vietnam veteran Ron Ridenhour and journalist Seymour Hersh. Their investigations revealed the full extent of the My Lai tragedy, further inflamed the antiwar movement, and brought to trial Lieutenant William Calley.

Unfolding the Calley case step by step, Belknap shows how our system of military justice actually works. His dramatic reenactment takes readers through every stage of the trial, from pre-trial investigations to actual courtroom exchanges among prosecutors, defenders, witnesses, and judges. In the process, he reveals how a court-martial conducted within the public eye transformed a purely legal proceeding into a political debate about the conduct of the war. Calley's trial clearly demonstrated both how deeply the Vietnam War had divided our nation and how difficult it was for any court to deliver justice under such intense media coverage.

Scrupulously fair to all parties involved, Belknap portrays Calley as both criminal and victim-guilty of the crimes of which he stood accused, but also an unintended scapegoat of the American military machine. His court-martial, for hawks and doves alike, epitomized all that was wrong with our involvement in Vietnam.

By reopening the Calley case, Belknap helps a new generation of readers better understand why the Vietnam War was so controversial and damaging to national unity. His book, however, also provides insights that apply well beyond events of a particular war, suggesting that the grim lessons of My Lai will continue to shadow the conduct of America's present and future wars.

During the 1990s, judicial reform swept Latin America. While some of the region's supreme courts have been able to exercise increased power as a result of these reforms, others have not. Why do some instances of judicial reform appear to be leading to the development of a powerful judiciary while others have failed to do so? In this careful analysis, Jodi S. Finkel investigates judicial reform in Argentina, Mexico, and Peru. She suggests that while ruling parties can be induced to initiate judicial reforms by introducing constitutional revisions, they often prove unwilling to implement these constitutional changes by enacting required legislation. To understand the outcomes of judicial reform, as well as to predict where reforms are likely to empower courts, it is necessary to examine the political incentives faced by politicians at the implementation phase. Finkel argues that the implementation of judicial reform may serve the ruling party as an insurance policy, in that a strong judicial branch reduces the risks faced by a ruling party once it loses power and becomes the opposition. Finkel suggests that as the ruling party's probability of reelection declines, the likelihood of the enactment of reforms resulting in an empowered judiciary increases.

Edited and introduced by a leading academic in the field, this is a new Routledge Major Work in the Critical Concepts in Law series. Law and Economics is a five-volume collection of canonical and cutting-edge research on the application of economic theory - primarily microeconomics and the basic concepts of welfare economics-to the examination of the formation, structure, processes and economic impact of law and legal institutions. Economic concepts have been applied to explain and clarify legal issues, not only with respect to competition law, but also in respect of a wide range of non-market activities, ranging from issues of tortuous liability and compensation, to family matters and crime. Law and Economics has influenced legislation and the development of Anglo-American case law and has become a central part of legal and economic education and research at some of the most prestigious universities on both sides of the Atlantic. This collection provides users with a collection of original articles that represent the source materials upon which each of the various Law and Economics schools of thought are founded-including the Chicago approach and the New Haven School; public-choice theory and modern civic republicanism; institutional law and economics and the new institutional economics; social norms and law and economics; and Austrian law and economics. As well as the editor's selection of foundational texts, his collection also brings together and makes readily accessible the very best of cutting-edge research in Law and Economics. Including a newly written introduction to each school of thought, a comprehensive index, and a chronological table of the articles, Law and Economics is a unique and valuable research resource for both student and scholar.

This text looks at the issues raised from the legal, philosophical and sociological perspectives, arguing that a thorough investigaton of the child's criminal capacity, by the court, is necessary to provide a fair and arational basis for decision making concerning criminal responsibility. It also examines the existing response of the Scottish legal system to such children, both in the courts and through the children's hearings system.

This volume assembles and presents a new database on bank regulation in over 150 countries (included also on CD). It offers the first comprehensive cross-country assessment of the impact of bank regulation on the operation of banks, and assesses the validity of the Basel Committee's influential approach to bank regulation. The treatment also provides an empirical evaluation of the historic debate about the proper role of government in the economy by studying bank regulation and analyzes the role of politics in determining regulatory approaches to banking. The data also indicate that restrictions on the entry of new banks, government ownership of banks, and restrictions on bank activities hurt banking system performance. The authors find that domestic political factors shape both regulations and their effectiveness.

The past 30 years have seen vast changes in our attitudes toward crime. More and more of us live in gated communities; prison populations have skyrocketed; and issues such as racial profiling, community policing, and "zero-tolerance" policies dominate the headlines. How is it that our response to crime and our sense of criminal justice has come to be so dramatically reconfigured? David Garland charts the changes in crime and criminal justice in America and Britain over the past twenty-five years, showing how they have been shaped by two underlying social forces: the distinctive social organization of late modernity and the neoconservative politics that came to dominate the United States and the United Kingdom in the 1980s.
Garland explains how the new policies of crime and punishment, welfare and security--and the changing class, race, and gender relations that underpin them--are linked to the fundamental problems of governing contemporary societies, as states, corporations, and private citizens grapple with a volatile economy and a culture that combines expanded personal freedom with relaxed social controls. It is the risky, unfixed character of modern life that underlies our accelerating concern with control and crime control in particular. It is not just crime that has changed; society has changed as well, and this transformation has reshaped criminological thought, public policy, and the cultural meaning of crime and criminals. David Garland's "The Culture of Control" offers a brilliant guide to this process and its still-reverberating consequences.