How the United States can provide equal educational opportunity to every child The United States Supreme Court closed the courthouse door to federal litigation to narrow educational funding and opportunity gaps in schools when it ruled in San Antonio Independent School District v. Rodriguez in 1973 that the Constitution does not guarantee a right to education. Rodriguez pushed reformers back to the state courts where they have had some success in securing reforms to school funding systems through education and equal protection clauses in state constitutions, but far less success in changing the basic structure of school funding in ways that would ensure access to equitable and adequate funding for schools. Given the limitations of state school funding litigation, education reformers continue to seek new avenues to remedy inequitable disparities in educational opportunity and achievement, including recently returning to federal court. This book is the first comprehensive examination of three issues regarding a federal right to education: why federal intervention is needed to close educational opportunity and achievement gaps; the constitutional and statutory legal avenues that could be employed to guarantee a federal right to education; and, the scope of what a federal right to education should guarantee. A Federal Right to Education provides a timely and thoughtful analysis of how the United States could fulfill its unmet promise to provide equal educational opportunity and the American Dream to every child, regardless of race, class, language proficiency, or neighborhood.

Feminist legal theory is one of the most dynamic fields in the law, and it affects issues ranging from child custody to sexual harassment. Since its initial publication in 2006, Feminist Legal Theory: A Primer has received rave reviews. Now, in the completely updated second edition of this outstanding primer, Nancy Levit and Robert R.M. Verchick introduce the diverse strands of feminist legal theory and discuss an array of substantive legal topics, pulling in recent court decisions, new laws, and important shifts in culture and technology. The book centers on feminist legal theories, including equal treatment theory, cultural feminism, dominance theory, critical race feminism, lesbian feminism, postmodern feminism, and ecofeminism. Readers will find new material on women in politics, gender and globalization, and the promise and danger of expanding social media. Updated statistics and empirical analysis appear throughout. The authors, prominent experts in the field, also address feminist legal methods, such as consciousness-raising and storytelling. The primer offers an accessible and pragmatic approach to feminist legal theory. It demonstrates the ways feminist legal theory operates in real-life contexts, including domestic violence, reproductive rights, workplace discrimination, education, sports, pornography, and global issues of gender. The authors highlight a sweeping range of cutting-edge topics at the intersection of law and gender, such as single-sex schools, abortion, same-sex marriage, rape on college campuses, and international trafficking in women and girls. At its core, Feminist Legal Theory shows the importance of the roles of law and feminist legal theory in shaping contemporary gender issues.

A towering and beloved figure in legal scholarship, Martha Minow explores the complicated intersection between law, justice and forgiveness. She asks if law should encourage individuals to forgive. And when the courts, public officials, and specific laws should forgive. With empathy and acumen, Minow acknowledges that there are certainly grounds for both individuals and societies to withhold forgiveness but argues that there are also many places where letting go of justified grievances can make law more just, not less. Forgiveness does not change the past but it does enlarge the future.

A towering and beloved figure in legal scholarship, Martha Minow explores the complicated intersection between law, justice and forgiveness, asking whether law should encourage individuals to forgive and when the courts, public officials and specific laws should forgive. Examining these questions through sometimes troubling cases with compassion and acumen, Minow acknowledges that there are grounds for both individuals and societies to withhold forgiveness but argues that there are also many places where letting go of justified grievances can make law more just, not less. This type of lawful forgiveness might also nudge individuals and societies towards the respect and generosity that comes with apology and restitution. Forgiveness does not change the past but it does enlarge the future.

View the Table of Contents or the Introductions by Nancy E. Dowd and Michelle S. Jacobs

.,."Recommend quite strongly this well-edited and thought-provoking text. It provides a valuable contribution to legal scholarhsip."
--"Canadian Journal of Criminology and Criminal Justice"

"If one wants to engage with the differences of women's lives in experiences, Dowd and Jacob's "Anti-Essentialist Reader" will be an enlightening beginning. With its emphasis on collaboration, it includes necessary but uncomfortable conversations, recognizing the challenges of cultural ethnocentrism and relativism which American feminists face. There are few expectations upon which it does not deliver."
--"Feminist Legal Studies"

Feminist Legal Theory is a groundbreaking collection of feminist work proceeding from the core assumption that the differences among women are essential to feminist analysis. Rather than presenting feminist legal theory sequentially, with "African American feminism" or "critical race feminism" added on at the end, the volume thoroughly integrates key readings from non-white, non-middle class, and non-mainstream writers throughout.

The volume explores the intersections of race, class, and gender in such areas as theory, family, work and economic issues, and violence against women. Each section of the book begins with an introduction providing context and insights into how the particular pieces included challenge norms and create new paradigms. This vibrant, challenging collection of work by a broad range of authors represents the cutting edge of feminist theory in concrete applications essential to gender equality.

Contributors include: Patricia Hill Collins, BonnieThornton Dill, Angela P. Harris, Sylvia A. Law, Mari Matsuda, Martha Minow, Esther Ngan-Ling Chow, john a. powell, Jenny Rivera, and Maxine Baca Zinn.

How the United States can provide equal educational opportunity to every child The United States Supreme Court closed the courthouse door to federal litigation to narrow educational funding and opportunity gaps in schools when it ruled in San Antonio Independent School District v. Rodriguez in 1973 that the Constitution does not guarantee a right to education. Rodriguez pushed reformers back to the state courts where they have had some success in securing reforms to school funding systems through education and equal protection clauses in state constitutions, but far less success in changing the basic structure of school funding in ways that would ensure access to equitable and adequate funding for schools. Given the limitations of state school funding litigation, education reformers continue to seek new avenues to remedy inequitable disparities in educational opportunity and achievement, including recently returning to federal court. This book is the first comprehensive examination of three issues regarding a federal right to education: why federal intervention is needed to close educational opportunity and achievement gaps; the constitutional and statutory legal avenues that could be employed to guarantee a federal right to education; and, the scope of what a federal right to education should guarantee. A Federal Right to Education provides a timely and thoughtful analysis of how the United States could fulfill its unmet promise to provide equal educational opportunity and the American Dream to every child, regardless of race, class, language proficiency, or neighborhood.

Should a court order medical treatment for a severely disabled newborn in the face of the parents' refusal to authorize it? How does the law apply to a neighborhood that objects to a group home for developmentally disabled people? Does equality mean treating everyone the same, even if such treatment affects some people adversely? Does a state requirement of employee maternity leave serve or violate the commitment to gender equality?

Martha Minow takes a hard look at the way our legal system functions in dealing with people on the basis of race, gender, age, ethnicity, religion, and disability. Minow confronts a variety of dilemmas of difference resulting from contradictory legal strategies strategies that attempt to correct inequalities by sometimes recognizing and sometimes ignoring differences. Exploring the historical sources of ideas about difference, she offers challenging alternative ways of conceiving of traits that legal and social institutions have come to regard as "different." She argues, in effect, for a constructed jurisprudence based on the ability to recognize and work with perceptible forms of difference.

Minow is passionately interested in the people "different" people whose lives are regularly (mis)shaped and (mis)directed by the legal system's ways of handling them. Drawing on literary and feminist theories and the insights of anthropology and social history, she identifies the unstated assumptions that tend to regenerate discrimination through the very reforms that are supposed to eliminate it. Education for handicapped children, conflicts between job and family responsibilities, bilingual education, Native American land claims these are among the concrete problems she discusses from a fresh angle of vision.

Minow firmly rejects the prevailing conception of the self that she believes underlies legal doctrine a self seen as either separate and autonomous, or else disabled and incompetent in some way. In contrast, she regards the self as being realized through connection, capable of shaping an identity only in relationship to other people. She shifts the focus for problem solving from the "different" person to the relationships that construct that difference, and she proposes an analysis that can turn "difference" from a basis of stigma and a rationale for unequal treatment into a point of human connection. "The meanings of many differences can change when people locate and revise their relationships to difference," she asserts. "The student in a wheelchair becomes less different when the building designed without him in mind is altered to permit his access." Her book evaluates contemporary legal theories and reformulates legal rights for women, children, persons with disabilities, and others historically identified as different.

Here is a powerful voice for change, speaking to issues that permeate our daily lives and form a central part of the work of law. By illuminating the many ways in which people differ from one another, this book shows how lawyers, political theorist, teachers, parents, students every one of us can make all the difference, "

Violence so often begets violence. Victims respond with revenge only to inspire seemingly endless cycles of retaliation. Conflicts between nations, between ethnic groups, between strangers, and between family members differ in so many ways and yet often share this dynamic. In this powerful and timely book Martha Minow and others ask: What explains these cycles and what can break them? What lessons can we draw from one form of violence that might be relevant to other forms? Can legal responses to violence provide accountability but avoid escalating vengeance? If so, what kinds of legal institutions and practices can make a difference? What kinds risk failure?

"Breaking the Cycles of Hatred" represents a unique blend of political and legal theory, one that focuses on the double-edged role of memory in fueling cycles of hatred and maintaining justice and personal integrity. Its centerpiece comprises three penetrating essays by Minow. She argues that innovative legal institutions and practices, such as truth commissions and civil damage actions against groups that sponsor hate, often work better than more conventional criminal proceedings and sanctions. Minow also calls for more sustained attention to the underlying dynamics of violence, the connections between intergroup and intrafamily violence, and the wide range of possible responses to violence beyond criminalization.

A vibrant set of freestanding responses from experts in political theory, psychology, history, and law examines past and potential avenues for breaking cycles of violence and for deepening our capacity to avoid becoming what we hate. The topics include hate crimes and hate-crimes legislation, child sexual abuse and the statute of limitations, and the American kidnapping and internment of Japanese Latin Americans during World War II. Commissioned by Nancy Rosenblum, the essays are by Ross E. Cheit, Marc Galanter, Fredrick C. Harris, Judith Lewis Herman, Carey Jaros, Frederick M. Lawrence, Austin Sarat, Ayelet Shachar, Eric K. Yamamoto, and Iris Marion Young.

Over the course of his career at Harvard, Morton Horwitz changed the questions legal historians ask. "The Transformation of American Law, 1780 1860" (1977) disclosed the many ways that judge-made law favored commercial and property interests and remade law to promote economic growth. "The Transformation of American Law, 1870 1960" (1992) continued that project, with a focus on ideas that reshaped law as we struggled for objective and neutral legal responses to our country s crises. In more recent years he has written extensively on the legal realists and the Warren Court.

Following an earlier "festschrift" volume by his former students, this volume includes essays by Horwitz colleagues at Harvard and those from across the academy, as well as his students. These essays assess specific themes in Horwitz work, from the antebellum era to the Warren Court, from jurisprudence to the influence of economics on judicial doctrine. The essays are, like Horwitz, provocative and original as they continue his transformation of American legal history.

The dramatic growth of government over the course of the twentieth century since the New Deal prompts concern among libertarians and conservatives and also among those who worry about government s costs, efficiency, and quality of service. These concerns, combined with rising confidence in private markets, motivate the widespread shift of federal and state government work to private organizations. This shift typically alters only who performs the work, not who pays or is ultimately responsible for it. Government by contract now includes military intelligence, environmental monitoring, prison management, and interrogation of terrorism suspects.

Outsourcing government work raises questions of accountability. What role should costs, quality, and democratic oversight play in contracting out government work? What tools do citizens and consumers need to evaluate the effectiveness of government contracts? How can the work be structured for optimal performance as well as compliance with public values?

"Government by Contract" explains the phenomenon and scope of government outsourcing and sets an agenda for future research attentive to workforce capacities as well as legal, economic, and political concerns.

In Not Only for Myself , Harvard Law professor and leading critical legal scholar Martha Minow uses well-known incidents, such as the furor over the casting of Miss Saigon and the confirmation hearings of Supreme Court Justice Clarence Thomas, to explain the legal issues bearing on such incendiary questions as affirmative action, segregation, racial redistricting, and "identity politics."

A detailed argument of how our government has interfered in the direction of America's media landscape that traces major transformations in media since the printing press and charts a path for reform. In The Changing Ecosystem of the News, Martha Minow takes stock of the new media landscape. She focuses on the extent to which our constitutional system is to blame for the current parlous state of affairs and on our government's responsibilities for alleviating the problem. As Minow shows, the First Amendment of the US Constitution assumes the existence and durability of a private industry. Although the First Amendment does not govern the conduct of entirely private enterprises, nothing in the Constitution forecloses government action to regulate concentrated economic power, to require disclosure of who is financing communications, or to support news initiatives where there are market failures. Moreover, the federal government has contributed financial resources, laws, and regulations to develop and shape media in the United States. Thus, Minow argues that the transformation of media from printing presses to the internet was shaped by deliberate government policies that influenced the direction of private enterprise. In short, the government has crafted the direction and contours of America's media ecosystem. Building upon this basic argument, Minow outlines an array of reforms, including a new fairness doctrine, regulating digital platforms as public utilities, using antitrust authority to regulate the media, policing fraud, and more robust funding of public media. As she stresses, such reforms are not merely plausible ideas; they are the kinds of initiatives needed if the First Amendment guarantee of freedom of the press continues to hold meaning in the twenty-first century.

Feminist legal theory is one of the most dynamic fields in the law, and it affects issues ranging from child custody to sexual harassment. Since its initial publication in 2006, Feminist Legal Theory: A Primer has received rave reviews. Now, in the completely updated second edition of this outstanding primer, Nancy Levit and Robert R.M. Verchick introduce the diverse strands of feminist legal theory and discuss an array of substantive legal topics, pulling in recent court decisions, new laws, and important shifts in culture and technology. The book centers on feminist legal theories, including equal treatment theory, cultural feminism, dominance theory, critical race feminism, lesbian feminism, postmodern feminism, and ecofeminism. Readers will find new material on women in politics, gender and globalization, and the promise and danger of expanding social media. Updated statistics and empirical analysis appear throughout. The authors, prominent experts in the field, also address feminist legal methods, such as consciousness-raising and storytelling. The primer offers an accessible and pragmatic approach to feminist legal theory. It demonstrates the ways feminist legal theory operates in real-life contexts, including domestic violence, reproductive rights, workplace discrimination, education, sports, pornography, and global issues of gender. The authors highlight a sweeping range of cutting-edge topics at the intersection of law and gender, such as single-sex schools, abortion, same-sex marriage, rape on college campuses, and international trafficking in women and girls. At its core, Feminist Legal Theory shows the importance of the roles of law and feminist legal theory in shaping contemporary gender issues.

What is the legacy of Brown vs. Board of Education? While it is well known for establishing racial equality as a central commitment of American schools, the case also inspired social movements for equality in education across all lines of difference, including language, gender, disability, immigration status, socio-economic status, religion, and sexual orientation. Yet more than a half century after Brown, American schools are more racially separated than before, and educators, parents and policy makers still debate whether the ruling requires all-inclusive classrooms in terms of race, gender, disability, and other differences. In Brown's Wake examines the reverberations of Brown in American schools, including efforts to promote equal opportunities for all kinds of students. School choice, once a strategy for avoiding Brown, has emerged as a tool to promote integration and opportunities, even as charter schools and private school voucher programs enable new forms of self-separation by language, gender, disability, and ethnicity. Martha Minow, Dean of Harvard Law School, argues that the criteria placed on such initiatives carry serious consequences for both the character of American education and civil society itself. Although the original promise of Brown remains more symbolic than effective, Minow demonstrates the power of its vision in the struggles for equal education regardless of students' social identity, not only in the United States but also in many countries around the world. Further, she urges renewed commitment to the project of social integration even while acknowledging the complex obstacles that must be overcome. An elegant and concise overview of Brown and its aftermath, In Brown's Wake explores the broad-ranging and often surprising impact of one of the century's most important Supreme Court decisions.

View the Table of Contents or the Introductions by Nancy E. Dowd and Michelle S. Jacobs

.,."Recommend quite strongly this well-edited and thought-provoking text. It provides a valuable contribution to legal scholarhsip."
--"Canadian Journal of Criminology and Criminal Justice"

"If one wants to engage with the differences of women's lives in experiences, Dowd and Jacob's "Anti-Essentialist Reader" will be an enlightening beginning. With its emphasis on collaboration, it includes necessary but uncomfortable conversations, recognizing the challenges of cultural ethnocentrism and relativism which American feminists face. There are few expectations upon which it does not deliver."
--"Feminist Legal Studies"

Feminist Legal Theory is a groundbreaking collection of feminist work proceeding from the core assumption that the differences among women are essential to feminist analysis. Rather than presenting feminist legal theory sequentially, with "African American feminism" or "critical race feminism" added on at the end, the volume thoroughly integrates key readings from non-white, non-middle class, and non-mainstream writers throughout.

The volume explores the intersections of race, class, and gender in such areas as theory, family, work and economic issues, and violence against women. Each section of the book begins with an introduction providing context and insights into how the particular pieces included challenge norms and create new paradigms. This vibrant, challenging collection of work by a broad range of authors represents the cutting edge of feminist theory in concrete applications essential to gender equality.

Contributors include: Patricia Hill Collins, BonnieThornton Dill, Angela P. Harris, Sylvia A. Law, Mari Matsuda, Martha Minow, Esther Ngan-Ling Chow, john a. powell, Jenny Rivera, and Maxine Baca Zinn.

Nearly every effort to reform American public education during the past half-century has involved the law. Partnerships and tensions between lawyers, educators, parents, and scholars have never been more central to the future shape and direction of our schools. This powerful book examines six of the most important and controversial school reform initiatives: school desegregation, school finance reform, special education, education of immigrant children, integration of youth services, and enforceable performance mandates. The contributors-leading authorities in the fields of education and law-examine these reform efforts from the perspectives of law, education, research, and practice. The authors trace the evolution of these reform strategies over time. They also explore ways in which lawyers, educators, scholars, and parents, through improved collaboration, and promising new approaches, can promote school reform and educational equity more effectively in the future. Assuming no special background, this engaging and accessible book has been written for educators, lawyers, policymakers, parents, and all readers concerned with education in America. Contributors to this volume: Jay P. Heubert; Gary Orfield; Molly McUsic; Carola and Marcelo Suarez-Orozco; Peter Roos; Thomas Hehir; Sue Gamm; Martin Gerry; Paul Weckstein.

War stories is the phrase used by academic lawyers to disparage the ways practicing lawyers talk about their experiences. Gary Bellow and Martha Minow in Law Stories have gathered a group of stories that explore the actual experiences of clients and lawyers in concrete legal contexts. The essays in Law Stories are all first-person accounts of law problems and the way they were handled, written by lawyers involved in the problems. They offer the voice and insight of the self-reflective practitioner. As such they provide us with a dimension missing from many third-person accounts of cases, a layer of emotion and perspective on legal institutions experienced by people caught or working within them. Focusing on cases arising in public interest practices, the stories deal with problems arising from child custody, parental rights in a Head Start program, the consequences of large corporate bankruptcy for the corporation's retirees, juvenile crime, unemployment benefits, the rights of a victim of crime, the rights of welfare recipients, and the rights of small shareholders. These stories raise a variety of questions, including the nature and extent of the lawyer's role, the way the system listens to certain kinds of stories told in certain ways and refuses to hear other stories, how participation in the legal system affects the identity of those who are involved in it and how the popular image of law and legal processes differs from the reality depicted in these cases. This book will appeal to both practitioners and teachers of law as well as social scientists interested in studying the role and place of law in the system. The contributors include Anthony Alfieri, Gary Bellow, Lenora M. Lapidus, Alice and Staughton Lynd, Martha Minow, Nell Minow, Charles Ogletree, Abbe Smith, Lynne Weaver, and Lucie E. White. [Law Stories will] enlighten not only law students but the general and professional public who will find these accounts as compelling as any work of popular fiction. Unhappily, these accounts of law's inadequacy as a vehicle for social justice are not fictions. . . . --Law and Politics Book Review Gary Bellow and Martha Minow are Professors of Law, Harvard Law School.

The establishment of the International Criminal Court (ICC) gave rise to the first permanent Office of the Prosecutor (OTP), with independent powers of investigation and prosecution. Elected in 2003 for a nine-year term as the ICC's first Prosecutor, Luis Moreno Ocampo established policies and practices for when and how to investigate, when to pursue prosecution, and how to obtain the cooperation of sovereign nations. He laid a foundation for the OTP's involvement with the United Nations Security Council, state parties, nongovernmental organizations, victims, the accused, witnesses, and the media. This volume of essays presents the first sustained examination of this unique office and offers a rare look into international justice. The contributors, ranging from legal scholars to practitioners of international law, explore the spectrum of options available to the OTP, the particular choices Moreno Ocampo made, and issues ripe for consideration as his successor, Fatou B. Bensouda, assumes her duties. The beginning ofBensouda's term thus offers the perfect opportunity to examine the first Prosecutor's singular efforts to strengthen international justice, in all its facets.

Educators and policymakers who share the goal of equal opportunity in schools often hold differing notions of what entails a just school in multicultural America. Some emphasize the importance of integration and uniform treatment for all, while others point to the benefits of honoring cultural diversity in ways that make minority students feel at home. In Just Schools, noted legal scholars, educators, and social scientists examine schools with widely divergent methods of fostering equality in order to explore the possibilities and limits of equal education today.The contributors to Just Schools combine empirical research with rich ethnographic accounts to paint a vivid picture of the quest for justice in classrooms around the nation. Legal scholar Martha Minow considers the impact of school choice reforms on equal educational opportunities. Psychologist Hazel Rose Markus examines culturally sensitive programs where students exhibit superior performance on standardized tests and feel safer and more interested in school than those in color-blind programs. Anthropologist Heather Lindkvist reports on how Somali Muslims in Lewiston, Maine, invoked the American ideal of inclusiveness in winning dress-code exemptions and accommodations for Islamic rituals in the local public school. Political scientist Austin Sarat looks at a school system in which everyone endorses multiculturalism but holds conflicting views on the extent to which culturally sensitive practices should enter into the academic curriculum. Anthropologist Barnaby Riedel investigates how a private Muslim school in Chicago aspires to universalist ideals, and education scholar James Banks argues that schools have a responsibility to prepare students for citizenship in a multicultural society. Anthropologist John Bowen offers a nuanced interpretation of educational commitments in France and the headscarf controversy in French schools. Anthropologist Richard Shweder concludes the volume by connecting debates about diversity in schools with a broader conflict between national assimilation and cultural autonomy. As America s schools strive to accommodate new students from around the world, Just Schools provides a provocative and insightful look at the different ways we define and promote justice in schools and in society at large."