This text brings together eleven important pieces by Merry Wiesner, several of them previously unpublished, on three major areas in the study of women and gender in early modern Germany: religion, law and work. The final chapter, specially written for this volume addresses three fundamental questions: "Did women have a Reformation?"; "What effects did the development of capitalism have on women?"; and "Do the concepts 'Renaissance' and 'Early Modern' apply to women's experience?" The book concludes with an extensive bibliographical essay exploring both English and German scholarship.

Jag is ’n avontuur wat jou wegvoer van vier mure na die oop ruimtes van groot Afrika en jou laat kennis maak met ontbering en volharding, met lekker spog en lekker eet. En die oog, die kamera en die sakboekie vervang nie in een dag die jagroer nie. P.J. Schoeman se naam was vir geslagte Afrikaanslesers sinoniem met verhale waarin natuurkennis en natuurgevoeligheid saampraat. Vir diegene wat as jong lesers met Schoeman kennis gemaak het, sal die lees van hierdie hersiene heruitgawe ’n nostalgiese ervaring wees – ’n erfenis om aan vandag se jong lesers oor te dra.

This interdisciplinary book of essays addresses critical issues arising from the emergence of legal institutions in contemporary China. One section of the book focuses on the legal process: how law is mobilized by ordinary people to redress injustice, the role of legal culture, the extent to which citizens can sue state officials, and how disputes involving workers and veterans are settled. A second set of papers explores specific legal institutions, such as the security apparatus, labor reeducation camps, and rules that punish infringement of intellectual property rights. Almost all the contributors are social scientists who have recently engaged in field research in China. The introduction by the editors and the individual chapters attempt, for the first time, to bring to bear on the study of Chinese law the law-and-society scholarship that has enriched Western legal studies in recent years.

Dit was nog nie behoorlik dag nie toe Kaatjie Danster, haastig op pad Halte toe, die kind van die weemoed in die voetpaadjie voor haar gewaar. Tjoepstil het hy gestaan en luister na die wind. Sy het dadelik geweet: Druppeltjie du Pisanie, kind van Waterwyser du Pisanie en KensTillie Moolman, het die lewe vir die dood verruil. Maar hoe Druppeltjie onder in die boorgat beland het, dit weet niemand nie. En die af-arm magistraat wat nou, veertien maande later, kom ondersoek instel na die oorsaak van sy dood, torring verniet aan dinge wat verby is. Want Toorberg se mense – die lewendes en die dooies – ken van geheime wegbere. Net oor een ding het magistraat van der Ligt dit reg: hoe meer getuies daar is, hoe verder wyk die waarheid.

Conceived during the turbulent period of the late 1960s when 'rights talk' was ubiquitous, Federal Service and the Constitution, a landmark study first published in 1971, strove to understand how the rights of federal civil servants had become so differentiated from those of ordinary citizens. Now in a new, second edition, this legal-historical analysis reviews and enlarges its look at the constitutional rights of federal employees from the nation's founding to the present.

Thoroughly revised and updated, this highly readable history of the constitutional relationship between federal employees and the government describes how the changing political, administrative, and institutional concepts of what the federal service is or should be are related to the development of constitutional doctrines defining federal employees' constitutional rights. Developments in society since 1971 have dramatically changed the federal bureaucracy, protecting and expanding employment rights, while at the same time Supreme Court decisions are eroding the special legal status of federal employees. Looking at the current status of these constitutional rights, Rosenbloom concludes by suggesting that recent Supreme Court decisions may reflect a shift to a model based on private sector practices.

This 160 page book serves as a memoir of a lawman (Harry Spiller) from Williamson County, Illinois and tells of his stories and ventures as a sheriff.

For nearly a century and a half, Americans lived by a powerful tradition in which no President served more than two terms. Then came Franklin Delano Roosevelt, restricted by custom but not by law, who won a third term in 1940 and a fourth in 1944. Believing that the broken norm would be breached again, the Republican-controlled eightieth Congress acted to restore it, passing a constitutional change in 1947 to formalize an absolute limit on presidential tenure. Ratified in 1951, the Twenty-second Amendment created a lame-duck out of every two-term incumbent since Truman and has had an enormous effect on the institution of the Presidency, public policy, and national politics. Critics believe the Amendment diminishes the presidential office; however, Martin B. Gold contends it serves to maintain checks and balances central to the American Constitution while examining Presidents and term limits, from the spirited debates in the Constitution Convention, the role of custom in an unwritten Constitution, and the Twenty-second Amendment itself.

Drawing on archival records of actual cases, this study provides a new understanding of late imperial and Republican Chinese law. It also casts a new light on Chinese law by emphasizing rural areas and by comparing the old and the new.
The book asks the question: What changes occurred and what remained the same in Chinese civil justice from the Qing to the Republic? Civil justice is here interpreted to mean not only codified law but also actual legal practice. Since the consequences of court actions frequently differed from the code's intent, this book also addresses the question of how legal practice mediated between code and custom. It aims to track the developing history of the legal system and to discover what it meant in the lives of the Chinese people.
Part One covers the revising of the Qing code and the drafting of new codes, especially the Civil Code of 1929-30, the major institutional changes that preceded the promulgation of new laws, and the organizing principles of those laws. Part Two, the main body of the text, uses case records from both the Qing and the Republic to examine certain topics that engendered frequent litigation: conditional sales of land, topsoil ownership, debt, old-age support, and women's choices in marriage, divorce, and illicit sex.
The book demonstrates the contrasting logics of Qing and Republican law: of privileges granted by the absolutist ruler versus rights independent of the will of the ruler, of a survival ethic versus a capitalist one, of patrifamilial property versus individual property, of reciprocal parent-child support versus unidirectional support, and of partial and limited choice for women versus independent agency. The book shows, however, that in actual practice the new legal systems made many accommodations to traditional customs, thus making major concessions to social realities while still holding to radically different principles.
The author demonstrates the inadequacies of a simple contrast between the Chinese legal tradition and modernity, or between China and the West. He argues instead for paying attention to the local knowledge of modernization and to the logics not only of the codes but also of customs and court actions. He shows, finally, the importance of both systemic structure and individual choice for this social and cultural study of Chinese law.

Why are women so dramatically underrepresented in formal leadership positions-and what can be done to improve the situation? This unique collection takes up these questions in the crucial practical concepts of law, politics, and business-the arenas in which women's leadership has the most public influence. Bridging the worlds of theory and practice, the essays in this collection bring new insights to long-standing questions about the difference gender difference makes, both in access to leadership and in its exercise. The contributors to this collection represent some of the nation's most distinguished women leaders and most respected scholars on women and leadership, and reflect a distinctive array of perspectives and backgrounds. Among others, they include former Congresswoman Patricia Schroeder; former NOW president Patricia Ireland; the Right Honorable Kim Campbell, former prime minister of Canada; and Judith Resnik, the Arthur Liman Professor of Law, Yale Law School. Written in accessible, lively prose, and informed by a wealth of scholarship and personal experience, this collection should appeal to a broad audience.

This edited collection offers a critical overview of the major debates in legal education set in the context of the Lord Upjohn Lectures, the annual event that draws together legal educators and professionals in the United Kingdom to consider the major debates and changes in the field. Presented in a unique format that reproduces classic lectures alongside contemporary responses from legal education experts, this book offers both an historical overview of how these debates have developed and an up-to-date critical commentary on the state of legal education today. As the full impact of the introduction of university fees, the Legal Education and Training Review and the regulators' responses are felt in law departments across England and Wales, this collection offers a timely reflection on legal education's legacy, as well as critical debate on how it will develop in the future.

This collection of original essays on the ethical and legal implications of humanitarian military intervention presents a variety of normative perspectives. It considers topics such as the just-war theory and its limits, secession and international law, and new approaches toward the moral adequacy of intervention. Written by well-known contemporary philosophers, the essays form a challenging and timely volume that will interest political philosophers and theorists, readers in law and international relations, and anyone concerned with the moral dimensions of international affairs.

The first anthology to collect essays focusing on the legal rights of women of color around the world Global Critical Race Feminism is the first anthology to focus explicitly on the legal rights of women of color around the world. Containing nearly thirty essays, the book addresses such topical themes as responses to white feminism; the flashpoint issue of female genital mutilation; the intersections of international law with U.S. law; "Third World" women in the "First World;" violence against women; and the global workplace. Broadly representative, the reader addresses the role and status-legal and otherwise-of women in such countries as Cuba, New Zealand, France, Serbia, Nicaragua, Colombia, South Africa, Japan, China, Australia, Ghana, and many others. Authors include: Aziza al-Hibri, Penelope Andrews, Taimie Bryant, Devon Carbado, Mai Chen, Brenda Cossman, Lisa Crooms, Mary Dudziak, Isabelle Gunning, Anna Han, Berta Hernandez, Laura Ho, Sharon Hom, Rosemary King, Kiyoko Knapp, Hope Lewis, Martha Morgan, Zorica Mrsevic, Vasuki Nesiah, Leslye Obiora, Gaby Ore-Aguilar, Catherine Powell, Jenny Rivera, Celina Romany, Judy Scales-Trent, Antoinette Sedillo Lopez, J. Clay Smith, and Leti Volpp.

The convergence of changes in the legal landscape - wider economic pressures, the growing implementation of legal technologies, the disrupting influence of alternative service providers and their competitive pricing offerings - mean that the corporatization of the law firm is well underway. The "business of law" is now more of a priority than ever before, with procurement and pricing professionals playing increasingly significant roles within firms and a growing focus towards the measurement and analysis of profit, rather than simply its generation, becoming apparent. With this becoming common practice, it is now essential for those at the helm of their firm's profitability to take a deep dive into its real fundamentals. The Future of Profitability Models and Analysis for Law Firms provides this kind of comprehensive exploration into the recent and revolutionary approaches firms are adopting in their pursuit of greater returns in this current period of renaissance for the law. Featuring contributions from field experts and thought leaders - including pricing directors, chief financial officers, and management consultants - combines trendspotting, exploratory intelligence with case studies and real-world examples of best practice to act as a launchpad for application and instruction.

Human rights and the courts and tribunals that protect them are increasingly part of our moral, legal, and political circumstances. The growing salience of human rights has recently brought the question of their philosophical foundation to the foreground. Theorists of human rights often assume that their ideal can be traced to the philosophy of Immanuel Kant and his view of humans as ends in themselves. Yet, few have attempted to explore exactly how human rights should be understood in a Kantian framework. The scholars in this book have gathered to fill this gap. At the center of Kant's theory of rights is a view of freedom as independence from domination. The chapters explore the significance of this theory for the nature of human rights, their justification, and the legitimacy of international human rights courts.

Public Health Law in Practice offers an accessible deep dive into public health law for public health students and practitioners with or without a legal background. It provides a detailed overview of the American legal system with clear explanation of the government's abilities and limitations to promote public health through policies and programs. Chapters further describe the influence of law by subject, with excerpts from real legal cases across topical areas like tobacco, firearms, reproductive health, and nutrition policies. The volume concludes with practical strategies for legislation drafting and coalition building with government and community groups. Enriched with insights into the inner workings of public health departments, Public Health Law in Practice is the crucial public health law textbook that prepares public health students for work in the field of public health outside the classroom.

This is the first volume in a complete history of the documentation of English cant and slang from 1567 to the present. It gives unparalleled insights into the early history of slang, the people who used it, and how and why it was recorded. Well over a hundred glossaries of cant and slang were published between 1567 and 1784. The cant lists reveal the secret language allegedly used by thieves and beggars to conceal their illicit conspiracies: Dr Coleman investigates where and how they were produced and the relationship between such lists and canting literature. She considers why this period was so fascinated by crime and by criminals, and apparently so obsessed with the need to record their language. How far, she asks, are the lists genuine records of contemporary cant, and how far the products of literary invention? Who produced them, and how were they researched? Who bought them, and what did they hope to gain from them? This absorbing and astute book will be an invaluable resource for anyone interested in English slang and its history. It also provides unusual and unexpected insights into the underworlds of early modern England.

In 2009 the US House of Representatives passed legislation requiring reductions in greenhouse gas emissions by 18 percent over the coming decade. Later that year, President Obama went to Copenhagen to sign a treaty requiring reductions by 50 percent over a two-decade period. The President came back with nothing: no firm commitment to reduce emissions and only a vague target to hold global temperature rises to under 2 C. How does a President who has a 75-vote majority in the House and a 19-vote majority in the Senate who has pre-approval for a treaty reducing greenhouse gas production by 18 percent not achieve a treaty with at least the minimum goal of 18 percent reductions by 2020?Others have answered the puzzle by looking at institutional designs or negotiation dynamics. This book articulates a multilevel process that starts with local politics to explain how they can influence international negotiations and why President Obama s efforts in Copenhagen were doomed to fail. Understanding the role of local private interests can help form strategies for overcoming national resistance to climate change legislation and ultimately international agreements that could change the environmentally self-destructive course we are on.

"Powerful."
"--Mary Frances Berry, Journal of American History"

"A painstakingly researched, scientific, psychological, sociocultural, and constitutional history of race. The Smart Culture is one of our generation's most powerful indictments of insidious racism and meritocracies."
"--The Law and Politics Book Review"

"A passionate attack on pervasive American cultural assumptions of natural inequality. The book provides a fine history of antiblack discrimination and of the racist and nativist bases of the developers of standardized intelligence tests."
"--Choice"

What exactly is intelligence? Is it social achievement? Professional success? Is it common sense? Or the number on an IQ test?

Interweaving engaging narratives with dramatic case studies, Robert L. Hayman, Jr., has written a history of intelligence that will forever change the way we think about who is smart and who is not. To give weight to his assertion that intelligence is not simply an inherent characteristic but rather one which reflects the interests and predispositions of those doing the measuring, Hayman traces numerous campaigns to classify human intelligence. His tour takes us through the early craniometric movement, eugenics, the development of the IQ, Spearman's "general" intelligence, and more recent works claiming a genetic basis for intelligence differences.

What Hayman uncovers is the maddening irony of intelligence: that "scientific" efforts to reduce intelligence to a single, ordinal quantity have persisted--and at times captured our cultural imagination--not because of their scientific legitimacy, but because of their longstanding political appeal. The belief in a naturalintellectual order was pervasive in "scientific" and "political" thought both at the founding of the Republic and throughout its nineteenth-century Reconstruction. And while we are today formally committed to the notion of equality under the law, our culture retains its central belief in the natural inequality of its members. Consequently, Hayman argues, the promise of a genuine equality can be realized only when the mythology of "intelligence" is debunked--only, that is, when we recognize the decisive role of culture in defining intelligence and creating intelligence differences. Only culture can give meaning to the statement that one person-- or one group--is smarter than another. And only culture can provide our motivation for saying it.

With a keen wit and a sharp eye, Hayman highlights the inescapable contradictions that arise in a society committed both to liberty and to equality and traces how the resulting tensions manifest themselves in the ways we conceive of identity, community, and merit.

The San inhabited the whole of southern Africa before the spear and the gun drove them further into the desert region of the Kalahari. They are among the last of the hunting and gathering societies in an agricultural and industrialised world. Small by Western standards, the polite greeting to a San man is one of deference to his unmistakable stature "I saw your shadow looming afar". Although their lifestyle may appear haphazard to the casual eye, on closer inspection, a defined pattern appears.

Listing every right that a constitution should protect is hard. American constitution drafters often list a few famous rights such as freedom of speech, protection against unreasonable searches and seizures, and free exercise of religion, plus a handful of others. However, we do not need to enumerate every liberty because there is another way to protect them: an "etcetera clause." It states that there are other rights beyond those specifically listed: "The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people." Yet scholars are divided on whether the Ninth Amendment itself actually does protect unenumerated rights, and the Supreme Court has almost entirely ignored it. Regardless of what the Ninth Amendment means, two-thirds of state constitutions have equivalent provisions, or "Baby Ninth Amendments," worded similarly to the Ninth Amendment.This book is the story of how the "Baby Ninths" came to be and what they mean. Unlike the controversy surrounding the Ninth Amendment, the meaning of the Baby Ninths is straightforward: they protect individual rights that are not otherwise enumerated. They are an "etcetera, etcetera" at the end of a bill of rights. This book argues that state judges should do their duty and live up to their own constitutions to protect the rights "retained by the people" that these "etcetera clauses" are designed to guarantee. The fact that Americans have adopted these provisions so many times in so many states demonstrates that unenumerated rights are not only protected by state constitutions, but that they are popular. Unenumerated rights are not a weird exception to American constitutional law. They are at the center of it. We should start treating constitutions accordingly.

Why are migration policies sometimes heavily contested and high on the political agenda? And why do they, at other moments and in other countries, hardly lead to much public debate? The entrance and settlement of migrants in Western Europe has prompted various political reactions. In some countries anti-immigration parties have gained substantial public support while in others migration policies have been hardly controversial. The Politicisation of Migration examines the differences between seven Western European countries by developing a conceptual framework to empirically explain patterns of politicisation and de-politicisation. The analyses show that over the past decade immigration has been increasingly defined in socio-cultural terms and that it has been receiving less political attention since the economic crisis started in 2007. This book also looks at the role of mainstream parties and political actors in the process of politicisation, and demonstrates how the role of 'challengers' is more limited than often assumed. Contributing to literatures on migration, party politics and agenda-setting, the book will be of interest to students and scholars in the fields of politics and migration studies.

Why are migration policies sometimes heavily contested and high on the political agenda? And why do they, at other moments and in other countries, hardly lead to much public debate? The entrance and settlement of migrants in Western Europe has prompted various political reactions. In some countries anti-immigration parties have gained substantial public support while in others migration policies have been hardly controversial. The Politicisation of Migration examines the differences between seven Western European countries by developing a conceptual framework to empirically explain patterns of politicisation and de-politicisation. The analyses show that over the past decade immigration has been increasingly defined in socio-cultural terms and that it has been receiving less political attention since the economic crisis started in 2007. This book also looks at the role of mainstream parties and political actors in the process of politicisation, and demonstrates how the role of 'challengers' is more limited than often assumed. Contributing to literatures on migration, party politics and agenda-setting, the book will be of interest to students and scholars in the fields of politics and migration studies.

When first written into the Constitution, intellectual property aimed to facilitate "progress of science and the useful arts" by granting rights to authors and inventors. Today, when rapid technological evolution accompanies growing wealth inequality and political and social divisiveness, the constitutional goal of "progress" may pertain to more basic, human values, redirecting IP's emphasis to the commonweal instead of private interests. Against Progress considers contemporary debates about intellectual property law as concerning the relationship between the constitutional mandate of progress and fundamental values, such as equality, privacy, and distributive justice, that are increasingly challenged in today's internet age. Following a legal analysis of various intellectual property court cases, Jessica Silbey examines the experiences of everyday creators and innovators navigating ownership, sharing, and sustainability within the internet eco-system and current IP laws. Crucially, the book encourages refiguring the substance of "progress" and the function of intellectual property in terms that demonstrate the urgency of art and science to social justice today.

In July 2004, federal agents raided the homes of five Palestinian-American families, arresting the five dads. The first trial of the "Holy Land Foundation Five" ended in a hung jury. The second, marked by highly questionable procedures, resulted in very lengthy sentences-for "supporting terrorism" by donating to charities that the U.S. government itself and other respected international agencies had long worked with. In 2013, human rights activist and author Miko Peled started investigating this case. He discussed the miscarriages of justice with the men's lawyers and heard from the men's families about the devastating effects the case had on their lives. He also traveled to the remote federal prison complexes where the men were held to conduct deep interviews. Injustice traces the labyrinthine course of this case, presenting a terrifying picture of governmental over-reach in post-9/11 America.

This collection contains twenty-one thought-provoking essays on the controversies surrounding the moral and legal distinctions between euthanasia and "letting die." Since public awareness of this issue has increased this second edition includes nine entirely new essays which bring the treatment of the subject up-to-date. The urgency of this issue can be gauged in recent developments such as the legalization of physician-assisted suicide in the Netherlands, "how-to" manuals topping the bestseller charts in the United States, and the many headlines devoted to Dr. Jack Kevorkian, who has assisted dozens of patients to die. The essays address the range of questions involved in this issue pertaining especially to the fields of medical ethics, public policymaking, and social philosophy. The discussions consider the decisions facing medical and public policymakers, how those decisions will affect the elderly and terminally ill, and the medical and legal ramifications for patients in a permanently vegetative state, as well as issues of parent/infant rights. The book is divided into two sections. The first, "Euthanasia and the Termination of Life-Prolonging Treatment" includes an examination of the 1976 Karen Quinlan Supreme Court decision and selections from the 1990 Supreme Court decision in the case of Nancy Cruzan. Featured are articles by law professor George Fletcher and philosophers Michael Tooley, James Rachels, and Bonnie Steinbock, with new articles by Rachels, and Thomas Sullivan. The second section, "Philosophical Considerations," probes more deeply into the theoretical issues raised by the killing/letting die controversy, illustrating exceptionally well the dispute between two rivaltheories of ethics, consequentialism and deontology. It also includes a corpus of the standard thought on the debate by Jonathan Bennet, Daniel Dinello, Jeffrie Murphy, John Harris, Philipa Foot, Richard Trammell, and N. Ann Davis, and adds articles new to this edition by Bennett, Foot, Warren Quinn, Jeff McMahan, and Judith Lichtenberg.