"Schlag [has] established himself as one of the most creative thinkers in the contemporary legal academy. To read [these essays] one after another is exhilarating; Schlag's sophistication shines through. In chapter after chapter he tackles the most vexing problems of law and legal thinking."
"--Choice"

"Pierre Schlag has been through the collapse of legal theory and lived to tell the tale, a tale that is burdened by as few illusions as possible except for the saving one of hope. He is also a great (and serious) comic."Pierre Schlag is the great iconoclast of the American legal academy. Few professors today are so consistently original, funny, and provocative."
"--Jack Balkin, Yale Law School"

In the collected essays here, Schlag established himself as one of the most creative thinkers in the contemporary legal academy. To read them one after another is exhilarating; Schlag's sophistication shines through. In chapter after chapter he tackles the most vexing problems of law and legal thinking, but at the heart of his concern is the questions of normativity and the normative claims made by legal scholars. He revisits legal realism, eenergizes it, and brings readers face-to-face with the central issues confronting law at the end of the 20th century.
--"Choice, May 1997"

Pierre Schlag is the great iconoclast of the American legal academy. Few law professors today are so consistently original, funny, and provocative. But behind his playful manner is a serious goal: bringing the study of law into the late modern/ postmodern age. Reading these essays is like watching a one-man truth squad taking on all of the trends and movements ofcontemporary jurisprudence. All one can say to the latter is, better take cover.
--J. M. Balkin, Lafayette S. Foster Professor, Yale Law School

At a time when complaints are heard everywhere about the excesses of lawyers, judges, and law itself, Pierre Schlag focuses attention on the American legal mind and its urge to lay down the law. For Schlag, legalism is a way of thinking that extends far beyond the customary official precincts of the law.

His work prompts us to move beyond the facile self- congratulatory self-representations of the law so that we might think critically about its identity, effects, and limitations. In this way, Schlag leads us to rethink the identities and character of moral and political values in contemporary discourse. The book brings into question the dominant normative orientation that shapes so much academic thought in law and in the humanities and social sciences. By pulling the curtain on the rhetorical techniques by which the law represents itself as coherent, rational, and stable, Laying Down the Law discloses the grandiose (and largely futile) attempts of American academics to control social and political meaning by means of scholarly missives.

In Shades of Freedom, A. Leon Higginbotham provides a magisterial account of the interaction between the law and racial oppression in America from colonial times to the present. The issue of racial inferiority is central to this volume, as Higginbotham documents how early white perceptions of black inferiority slowly became codified into law. In Shades of Freedom, a noted scholar and a celebrated jurist offers a work of magnificent scope, insight, and passion. Ranging from the earliest colonial times to the present, it is a superb work of history and a mirror to the American soul.

This book examines legal ideology in the US from the height of the Gilded Age through the time of the New Deal, when the Supreme Court began to discard orthodox thought in favour of more modernist approaches to law. Wiecek places this era of legal thought in its historical context, integrating social, economic, and intellectual analyses.

Intended for the general public, the readings in this collection explore the roots of American law from pre-history to ancient Greece and Rome and the common law of England. America's legal development is traced from the drafting of the Constitution to the Rehnquist Court. Themes along the way include the "Golden Age" of the early nineteenth century, when American law took on its distinctive character, the impact of slavery and the Civil War, and the struggles of the Progressives to regulate the nation's industrialized economy between the post-Civil War era and the New Deal. A reading on the Nuremberg Trials introduces the theme of international human rights, while post-war readings trace the nation's legal confrontations over civil liberties, civil rights, the rights of women, the protection of the environment, and legal protections for those accused of crimes. Dramatic highlights include the Sacco-Vanzetti case, the internment of Japanese-Americans during the Second World War, the trial of the "Chicago Eight" during the Vietnam War, and the Watergate scandal. Leading personalities include Sirs Edward Coke and William Blackstone in England, Chief Justices John Marshall and Earl Warren, Justices Stephen J. Field, Oliver Wendell Holmes, Jr., Louis D. Brandeis, and Felix Frankfurter, and Judge Learned Hand. Readings on the future of American law explore the impact of alternative dispute resolution, science and technology, globalization, and space exploration, as well as trends in the legal profession and in legal philosophy.

To what extent do newly available case records bear out our conventional assumptions about the Qing legal system? Is it true, for example, that Qing courts rarely handled civil lawsuits--those concerned with disputes over land, debt, marriage, and inheritance--as official Qing representations led us to believe? Is it true that decent people did not use the courts? And is it true that magistrates generally relied more on moral predilections than on codified law in dealing with cases? Based in large part on records of 628 civil dispute cases from three counties from the 1760's to the 1900's, this book reexamines those widely accepted Qing representations in the light of actual practice.
The Qing state would have had us believe that civil disputes were so "minor" or "trivial" that they were left largely to local residents themselves to resolve. However, case records show that such disputes actually made up a major part of the caseloads of local courts. The Qing state held that lawsuits were the result of actions of immoral men, but ethnographic information and case records reveal that when community/kin mediation failed, many common peasants resorted to the courts to assert and protect their legitimate claims. The Qing state would have had us believe that local magistrates, when they did deal with civil disputes, did so as mediators rather than judges. Actual records reveal that magistrates almost never engaged in mediation but generally adjudicated according to stipulations in the Qing code.

At the turn of the twentieth century American politics underwent a profound change, as both regulatory minimalism and statist command were rejected in favor of positive government engaged in both regulatory and distributive roles. Through a fresh examination of the judicial, legislative, and political aspects of the antitrust debates in the years from 1890-1916, Martin Sklar shows that the arguments did not arise simply because of competition versus combination, but because of the larger question of the proper relations between government and the market and between state and society.

On the basis of ten concrete examples the author shows by what process and for what historical reasons continental law and common law have come to be so different. In so doing van Caenegem provides a historical introduction to continental law understandable to readers familiar with the common law, and vice-versa. This study is derived from the professor's lectures at Cambridge in 1984-85, in which lawyers from Europe, Great Britain and the United States participated.Judges, Legislators and Professors does not follow the traditional path of describing the development of ideas, but tries a new approach by interpreting legal history as, to a large extent, EEthe result of a power struggle.

More than a century ago, in February 1870, over two hundred leading lawyers met in a schoolroom on Fifth Avenue and Twenty-Sixth Street to organize The Association of the Bar of the City of New York. They were hot with reform and with the sting of professional shame. Boss Tweed and his cronies not only were robbing the city's treasury, but, worse, were corrupting the courts and the judges. Boss Tweed and his gang were routed, but not without a long struggle and the help of many others in the city. Since that historical victory, the Association has taken up other "causes and conflicts", sometimes with success, sometimes failing, but continuing a wide variety of activities with unabated zeal. George Martin, a member of the bar and a recognized historian of wide interests, tells of these struggles in a book that is a fine piece of writing - urbane, graceful, humorous. But this is more than an excellent institutional history. It is also an exciting history of robust and sometimes turbulent times: Commodore Vanderbilt's attempt to steal the Erie Railroad; the presidential election which Hayes filched from Tilden, one of the founders of the Association; the losing fight against Boss Croker; the famous "March on Albany" led by Charles Evans Hughes in defense of the Socialist members of the legislature; the investigation by Judge Samuel Seabury (another president of the Association) of Jimmy Walker; the defeat of the "Bricker" amendment; Harrison Tweed's struggle for the reorganization of the courts; efforts to balance security and freedom in Joseph McCarthy's era; the establishment of legal aid for the indigent.

Herget (international law, U. of Houston) explains to American legal scholars and students the main points of the characteristic legal philosophy that has developed in the German-speaking world since World War II. After a historical introduction and overview, he discusses critical rationalism, disco

The 1980s and 1990s have witnessed the emergence of globalized markets accompanied by an uneven process of national and international deregulation and re-regulation. The combined activities of transnational corporations in manufacturing industries (moving towards the global factory) and the newly privatized businesses in the energy, telecommunications and transportation sectors have fuelled an unprecedented growth in global markets and international business networks. The unexpected but now well established development of capitalism in eastern Europe and the boom in China's special economic zones have added still further to the opportunities and risks inherent in the rapidly developing global economy. For lawyers, economists, and political scientists one of the most significant aspects of the emergence of global markets is the question of regulation: how to regulate market access, product safety, consumer protection laws, financial services, probity and capital adequacy as well as anti-trust and competition laws and policies. Businesses complain that regulatory requirements frequently hinder the development of new markets. At the same time greater public awareness and concern, especially over other global issues such as environment protection, have raised the cost implications of regulatory requirements, sometimes astronmically. The essays in this volume attempt to address the success of efforts in the European Community, the US and elsewhere in the world to regulate in such a way as to accomodate both the interests of business and the wider interests of the public. The volume is divided into several sections, the first which deals with the globalization of regulatory processes. Other sections examine regulatory competition in the field of company law, self-regulation and competition in US corporate law; regulatory regimes in the European Union and the issue of regulatory coordination affecting economic and social insterests. This is an original and wide-ranging collection of essays which will attract a broad readership both in the US and Europe.

To what extent do newly available case records bear out our conventional assumptions about the Qing legal system? Is it true, for example, that Qing courts rarely handled civil lawsuits--those concerned with disputes over land, debt, marriage, and inheritance--as official Qing representations led us to believe? Is it true that decent people did not use the courts? And is it true that magistrates generally relied more on moral predilections than on codified law in dealing with cases? Based in large part on records of 628 civil dispute cases from three counties from the 1760's to the 1900's, this book reexamines those widely accepted Qing representations in the light of actual practice.
The Qing state would have had us believe that civil disputes were so "minor" or "trivial" that they were left largely to local residents themselves to resolve. However, case records show that such disputes actually made up a major part of the caseloads of local courts. The Qing state held that lawsuits were the result of actions of immoral men, but ethnographic information and case records reveal that when community/kin mediation failed, many common peasants resorted to the courts to assert and protect their legitimate claims. The Qing state would have had us believe that local magistrates, when they did deal with civil disputes, did so as mediators rather than judges. Actual records reveal that magistrates almost never engaged in mediation but generally adjudicated according to stipulations in the Qing code.

In this book, Haley argues that the weakness of legal controls throughout Japanese history has assured the development and strength of informal community controls based on custom and consensus to maintain order - an order characterized by remarkable stability with an equally significant degree of autonomy for individuals, communities, and businesses.

Since their introduction in 1984, milk quotas have become a prominent feature of the Common Agricultural Policy. The vigorous and yet at times questionable trade in milk quotas is a strong indication that its legal ramifications are underestimated at their peril. Indeed practitioners in this area cannot afford to ignore the astonishingly large number and high value of dealings in quota. Academics as well are no longer in doubt as to the importance of quota legislation and its ramifications. Milk quotas constitute a major and novel extension of Community power in the agricultural sector and represent a potent force in the development of Community law. Indeed, the Common Agricultural Policy gives rise to the single largest body of cases before the European Court of Justice with milk quotas taking a leading role. This indispensable and up-to-date practitioner's manual explores the influence that milk quotas have had on both EC and UK legislation. The author examines exactly how these quotas operate in relation to landlords, tenants, taxation and, consequently, rural culture itself. He goes on to consistently link the domestic effects of milk quota legislation to the European Court of Justice and identifies ways in which milk quota regulation is influencing other areas of EC law.

A wide-ranging and comprehensive survey of modern legal scholarship and the evolution of law in America What do Catharine MacKinnon, the legacy of Brown v. Board of Education, and Lani Guinier have in common? All have, in recent years, become flashpoints for different approaches to legal reform. In the last quarter century, the study and practice of law have been profoundly influenced by a number of powerful new movements; academics and activists alike are rethinking the interaction between law and society, focusing more on the tangible effects of law on human lives than on its procedural elements. In this wide-ranging and comprehensive volume, Gary Minda surveys the current state of legal scholarship and activism, providing an indispensable guide to the evolution of law in America.

This title presents twenty-nine topics, prepared by leading scholars in more than 20 countries, providing a comparative analysis of cutting-edge legal topics of the 21st century. Considering topics of vital moment to contemporary legal scholars, the title includes pieces on Surrogate Motherhood, The Balance of Copyright in Comparative Perspective, International Law in Domestic Systems, Constitutional Courts as "Positive Legislators," Same-sex Marriage, Climate Change and the Law, The Regulation of Private Equity, Hedge Funds, and State Funds, and Regulation of Corporate Tax Evasion. Each chapter surveys legal developments in the U.S. and Canada, Europe, Asia, Latin and South America, Africa, and the Middle East in a format that permits the reader easy access to similarities and differences in the approaches of the selected national regimes. Thiscomprehensive volumetells the story of parallel trends in the evolution of legal doctrine despite jurisdictional, cultural, and political barriers. While each of the covered countries stands alone as a sovereign, in a technologically advanced world their disparate systems nonetheless have converged to adopt comparable strategies in dealing with complex legal issues. Thevolume is a critical addition to the library of any scholar hoping to keep abreast of the major trends in contemporary law."

Demands for "autonomy" or minority rights have given rise to conflicts, often violent, in every region of the world and under every political system. Through an analysis of contemporary international legal norms and an examination of several specific case studies - including Hong Kong, India, the transnational problems of the Kurds and Saamis, Nicaragua, Northern Ireland, Spain, Sri Lanka, and the Sudan - this book goes beyond mere slogans and identifies a framework in which ethnic, religious, and regional conflicts can be addressed. This newly revised edition includes two new chapters which expand and update both the topical discussions and the case studies included in the first edition.

In the last thirty years, the number of lawyers in the United States and Canada has more than tripled, and today as many women as men are entering legal practice. The sudden, dramatic increase of women in the profession would seem to signify a new era of equality in the legal profession. However, stereotypes about women's abilities to balance responsibilities at work and home hamper their upward mobility in this male-dominated field. Battling sexual discrimination, women in law grapple with long-held assumptions about parenting, inferring that women eventually abandon their careers in order to take care of home and children. A large percentage of women leave the profession dissatisfied and distressed or seek part-time solutions, and those women who do stay in practice often find there is a ceiling on their status and monetary compensation.
Gender in Practice demonstrates and explains how the structure of legal practice has changed in recent decades, often to the disadvantage of women. The issues addressed here, such as conflicts between careers and family, departures from practice, and barriers to women's promotions and earnings are of great importance to members of the profession. Looking at the careers of both men and women and using information culled from two surveys that include nearly two thousand lawyers, this revealing book traces occupational and personal experiences and analyzes these patterns in terms of work and gender. The findings are linked to practical proposals for change, some of which have already found a place in the profession.
A major contribution to discussions of sexual equality in the legal workplace, Gender in Practice offers detailed insights into the current and future status of women in the law. Lawyers, law professors, and anyone concerned with gender inequality and equal rights will find this to be an interesting and informative work.

This volume brings together lawyers, accountants, sociologists and economists to explore some central themes of the legal and organizational accountability of the public corporation. The papers offer the first sustained attempt to transcend the institutionalist and contractarian visions which, during the 1980s, became the mainstream perspectives in corporate analysis.

This challenging book on jurisprudence begins by posing questions in the post-modern context, and then seeks to bridge the gap between our traditions and contemporary situation.

It offers a narrative encompassing the birth of western philosophy in the Greeks and moves through medieval Christendom, Hobbes, the defence of the common law with David Hume, the beginnings of utilitarianism in Adam Smith, Bentham and John Stuart Mill, the hope for enlightenment with Kant, Rousseau, Hegel and Marx, onto the more pessimistic warnings of Weber and Nietzsche.

It defends the work of Austin against the reductionism of HLA Hart, analyses the period of high modernity in the writings of Kelsen, Hart and Fuller, and compares the different approaches to justice of Rawls and Nozick.

The liberal defence of legality in Ronald Dworkin is contrasted with the more disillusioned accounts of the critical legal studies movement and the personalised accounts of prominent feminist writers.

Politics and Plea Bargaining Victims' Rights in California Candace McCoy In 1982, California voters passed Proposition 8, promoted by supporters as the Victims' Bill of Rights, on the initiative ballot. In "Politics and Plea Bargaining," Candace McCoy describes the political genesis of victims' rights legislation and the impact Proposition 8 has had on plea bargaining. Placing Proposition 8 in the context of earlier efforts to reform plea bargaining, McCoy explores the meaning of due process in the criminal courts. Emphasizing the concept of "publicness," the book suggests changes that would open the justice system to more public observation and explanation. Candace McCoy is Professor at the Graduate Center and John Jay College of Criminal Justice, City University of New York. Law in Social Context 1993 248 pages 6 x 9 15 illus. ISBN 978-0-8122-1433-8 Paper $29.95s 19.50 World Rights Law

Corruption is an increasingly widespread global problem which affects many people, governments, industry sectors and jurisdictions. In recent years, many countries, international organisations, multilateral banks and social, entrepreneurial and legal organisations have sought to create an improved legal environment in which to tackle corruption, by creating rules that restrict discretional powers, limit wrongful practices and sanction guilty parties. The result is the development of an assortment of international and local laws and regulations, best practices and many other tools that are being implemented with differing results. Some countries have achieved outstanding results, while others continue to fight a long and difficult battle against corruption. In the midst of all this, corporations and lawyers have to make sense of the problems and learn how to apply the law efficiently and effectively. This unique volume is a must-have tool for all in-house and international lawyers, legal counsel and consultants involved with local and cross-border corruption matters. Throughout the text, a range of local and international experts provide in-depth analysis of corruption issues and examine: i) the current legal regime in their countries; ii) the preventative measures that must be taken by companies operating in different jurisdictions; iii) how to face investigations, prosecutions and trials; and iv) the impact of cross-border regulations. This edition focuses on practical approaches rather than theoretical disciplines in order to help readers understand the complexities of anticorruption compliance worldwide.

F. R. P. Akehurst provides the first English translation of the complete text of Coutumes, the customary law of Clermont in the Beauvais region as it was practiced and understood in the late thirteenth century. The Coutumes de Beauvaisis provides a unique perspective on thirteenth-century civil and criminal trials.

From the origins of modern copyright in early eighteenth-century culture to the efforts to represent nature and death in postmodern fiction, this pioneering book explores a series of problems regarding the containment of representation. Stewart focuses on specific cases of "crimes of writing"--the forgeries of George Psalmanazar, the production of "fakelore," the "ballad scandals" of the eighteenth and nineteenth centuries, the imposture of Thomas Chatterton, and contemporary legislation regarding graffiti and pornography. In this way, she emphasizes the issues which arise once language is seen as a matter of property and authorship is viewed as a matter of originality. Finally, Stewart demonstrates that crimes of writing are delineated by the law because they specifically undermine the status of the law itself: the crimes illuminate the irreducible fact that law is written and therefore subject to temporality and interpretation.

This book is the first systematic appraisal of the impact of multiculturalism on legal scholarship. Far from making society more humane and less oppressive, radical multiculturalism is destructive of dialogue and community. Worse, the authors contend, radical multiculturalism has deep structural links to anti-Semitism and other forms of racism.