- Table View
- List View
Beyond Abortion: <i>Roe v. Wade</i> and the Battle for Privacy
by Mary Ziegler ZieglerFor most Americans today, Roe v. Wade concerns just one thing: the right to choose abortion. But the Supreme Court’s decision once meant much more. The justices ruled that the right to privacy encompassed the abortion decision. Grassroots activists and politicians used Roe—and popular interpretations of it—as raw material in answering much larger questions: Is there a right to privacy? For whom, and what is protected? As Mary Ziegler demonstrates, Roe’s privacy rationale attracted a wide range of citizens demanding social changes unrelated to abortion. Movements questioning hierarchies based on sexual orientation, profession, class, gender, race, and disability drew on Roe to argue for an autonomy that would give a voice to the vulnerable. So did advocates seeking expanded patient rights and liberalized euthanasia laws. Right-leaning groups also invoked Roe’s right to choose, but with a different agenda: to attack government involvement in consumer protection, social welfare, racial justice, and other aspects of American life. In the 1980s, seeking to unify a fragile coalition, the Republican Party popularized the idea that Roe was a symbol of judicial tyranny, discouraging anyone from relying on the decision to frame their demands. But Beyond Abortion illuminates the untapped potential of arguments that still resonate today. By recovering the diversity of responses to Roe, and the legal and cultural battles it energized, Ziegler challenges readers to come to terms with the uncomfortable fact that privacy belongs to no party or cause.
The Palgrave Handbook of Ethics in Critical Research
by Catriona Ida Macleod Jacqueline Marx Phindezwa Mnyaka Gareth J. TreharneThis handbook highlights the growing tensions surrounding the current dominant ethical clearance model which is increasingly being questioned, particularly in critical research. It draws on stories from the field in critical research conducted in a range of contexts and countries and on an array of topics. The authors involved in this collection encountered dilemmas, contradictions and surprises that brought about a change in their understanding of ethics. Throughout the book they discuss how ethics is an ongoing and situated struggle that requires researchers, at times, to traverse traditional ethical imperatives. Four sections lead readers through the complexities of grounded ethical practice: encountering systems, including Ethics Committees and institutions; blurring boundaries within research; the politics of voice, anonymity and confidentiality; and power relations in researching ‘down’, ‘up’, and ‘alongside’. This handbook is a resource for social science researchers using critical methodologies across a range of disciplines, as well as for students and teachers of ethics, in navigating the quandaries of ‘doing good’ while doing good research.
The Palgrave Handbook of Ethics in Critical Research
by Catriona Ida Macleod Jacqueline Marx Phindezwa Mnyaka Gareth J. TreharneThis handbook highlights the growing tensions surrounding the current dominant ethical clearance model which is increasingly being questioned, particularly in critical research. It draws on stories from the field in critical research conducted in a range of contexts and countries and on an array of topics. The authors involved in this collection encountered dilemmas, contradictions and surprises that brought about a change in their understanding of ethics. Throughout the book they discuss how ethics is an ongoing and situated struggle that requires researchers, at times, to traverse traditional ethical imperatives. Four sections lead readers through the complexities of grounded ethical practice: encountering systems, including Ethics Committees and institutions; blurring boundaries within research; the politics of voice, anonymity and confidentiality; and power relations in researching ‘down’, ‘up’, and ‘alongside’. This handbook is a resource for social science researchers using critical methodologies across a range of disciplines, as well as for students and teachers of ethics, in navigating the quandaries of ‘doing good’ while doing good research.
The Right of Publicity: Privacy Reimagined for a Public World
by Jennifer E. RothmanWho controls how one’s identity is used by others? This legal question, centuries old, demands greater scrutiny in the Internet age. Jennifer Rothman uses the right of publicity—a little-known law, often wielded by celebrities—to answer that question, not just for the famous but for everyone. In challenging the conventional story of the right of publicity’s emergence, development, and justifications, Rothman shows how it transformed people into intellectual property, leading to a bizarre world in which you can lose ownership of your own identity. This shift and the right’s subsequent expansion undermine individual liberty and privacy, restrict free speech, and suppress artistic works. The Right of Publicity traces the right’s origins back to the emergence of the right of privacy in the late 1800s. The central impetus for the adoption of privacy laws was to protect people from “wrongful publicity.” This privacy-based protection was not limited to anonymous private citizens but applied to famous actors, athletes, and politicians. Beginning in the 1950s, the right transformed into a fully transferable intellectual property right, generating a host of legal disputes, from control of dead celebrities like Prince, to the use of student athletes’ images by the NCAA, to lawsuits by users of Facebook and victims of revenge porn. The right of publicity has lost its way. Rothman proposes returning the right to its origins and in the process reclaiming privacy for a public world.
An Economic Analysis of Intellectual Property Rights Infringement (PDF)
by Koji DomonUsing unique field research from across Asia, this book examines the real markets of illicit products that breach intellectual property rights (IPR). The text presents three case studies regarding IPR infringements: unauthorised music content; fake spare parts of motorcycles; and fake Japanese food. Each study has unique characteristics, though their general concepts and problems have similar roots. The book shows what is happening in the black market and systems of illicit trade, providing information for stakeholders in Intellectual Property Rights to consider in devising effective methods for minimizing profits lost to copied and fake products.
An Economic Analysis of Intellectual Property Rights Infringement: Field Studies In Developing Countries (Palgrave Studies In Institutions, Economics And Law Ser.)
by Koji DomonUsing unique field research from across Asia, this book examines the real markets of illicit products that breach intellectual property rights (IPR). The text presents three case studies regarding IPR infringements: unauthorised music content; fake spare parts of motorcycles; and fake Japanese food. Each study has unique characteristics, though their general concepts and problems have similar roots. The book shows what is happening in the black market and systems of illicit trade, providing information for stakeholders in Intellectual Property Rights to consider in devising effective methods for minimizing profits lost to copied and fake products.
Constitutionalism in Ireland, 1932–1938: National, Commonwealth, and International Perspectives (Palgrave Modern Legal History)
by Donal K. CoffeyThe first of two volumes, this book examines constitutionalism in Ireland in the 1930s. Donal K. Coffey places the document and its drafters in the context of a turbulent decade for the United Kingdom, the Commonwealth, and Europe. He considers a series of key issues leading up to its drafting, including the failure of the 1922 Constitution, the rise of nationalism in the 1920s and 1930s, and the abdication of Edward VIII. He sketches the drafting process, examines the roles of individual drafters and their intellectual influences, and considers the Constitution’s public reception, both domestically and internationally. This book illuminates a critical moment in Irish history and the confluence of national, Commonwealth, and international influences that gave rise to it, for scholars of Irish history as well as of legal, constitutional, and Commonwealth history more broadly.
The Southern African Development Community and Law
by Mkhululi NyathiThis book analyses whether the design of the institutions of Southern African Development Community (SADC) reflects the community’s treaty objectives and principles of democracy and the rule of law. The author provides a detailed analysis of the policy making and oversight institutions of SADC. Additionally, the project looks at institutional and legal frameworks of similar organisations (the East African Community, the Economic Community of West African States and the European Union) for comparative purposes. This work is written largely from a legal perspective, specifically international institutional law; however, it carries cross-disciplinary themes, including governance, and especially the subject of public policy making at the international level.
On Betrayal
by Avishai MargalitBetrayal seems to have lost its grip on the public consciousness in liberal societies, yet it is all around us, dissolving the thick glue of trust that holds friends, families, and communities together. By focusing on the ethics of betrayal, Avishai Margalit offers a philosophical account of what we owe those who give us our sense of belonging.
The Harm in Hate Speech (The Oliver Wendell Holmes Lectures, 2009. #2005)
by Jeremy WaldronFor constitutionalists, regulation of hate speech violates the First Amendment and damages a free society. Waldron rejects this view, and makes the case that hate speech should be regulated as part of a commitment to human dignity and to inclusion and respect for members of vulnerable minorities.
Laws of Creation: Property Rights In The World Of Ideas
by Ronald A. Cass Keith N HyltonCass and Hylton explain how technological advances strengthen the case for intellectual property laws, and argue convincingly that IP laws help create a wealthier, more successful, more innovative society than alternative legal systems. Ignoring the social value of IP rights and making what others create “free” would be a costly mistake indeed.
Saving the Neighborhood: Racially Restrictive Covenants, Law, And Social Norms
by Richard R. BrooksSaving the Neighborhood tells the still controversial story of the rise and fall of racially restrictive covenants in America, which bestowed an aura of legitimacy upon the wish of many white neighborhoods to exclude minorities. It offers insight into the ways legal and social norms reinforce one another, to codify and perpetuate intolerance.
The Tragedy of Religious Freedom
by Marc O. DeGirolamiLegal scholars expect to resolve religious dilemmas according to principles of equality, neutrality, or separation of church and state. But such abstractions fail to do justice to the clashing values in today’s pluralistic society. Marc DeGirolami explains why conflicts implicating religious liberty are so emotionally fraught and deeply contested.
Legal Integration of Islam: A Transatlantic Comparison
by Christian JoppkeChristian Joppke and John Torpey show how four liberal democracies—France, Germany, Canada, and the U.S.—have responded to the challenge of integrating Muslim populations. Demonstrating the centrality of the legal system to this process, they argue that institutional barriers to integration are no greater on one side of the Atlantic than the other.
Deepwater Horizon: A Systems Analysis Of The Macondo Disaster
by Earl Boebert James M. BlossomIn 2010 BP’s Deepwater Horizon catastrophe spiraled into the worst human-made economic and ecological disaster in Gulf Coast history. In the most comprehensive account to date, senior systems engineers Earl Boebert and James Blossom show how corporate and engineering decisions, each one individually innocuous, interacted to create the disaster.
When the State Meets the Street: Public Service and Moral Agency
by Bernardo ZackaBernardo Zacka probes the complex moral lives of street-level bureaucrats—the frontline social and welfare workers, police officers, and educators who represent government’s human face to ordinary citizens. Too often dismissed as soulless operators, these workers wield significant discretion and make decisions that profoundly affect people’s lives.
Free Speech and Unfree News: The Paradox Of Press Freedom In America
by Sam LebovicDoes America have a free press? Many who say yes appeal to First Amendment protections against censorship. Sam Lebovic shows that free speech, on its own, is not sufficient to produce a free press and helps us understand the crises that beset the press amid media consolidation, a secretive national security state, and the daily newspaper’s decline.
Exemptions: Necessary, Justified, Or Misguided?
by Kent GreenawaltShould laws apply to everyone, or should some people be exempt because of conflicting religious or moral convictions? Through a close study of several cases, from abortion to taxes, Kent Greenawalt demonstrates how to weigh competing values without losing sight of practical considerations like the difficulty of implementing a specific law.
Political Emotions: Why Love Matters For Justice
by Martha C. NussbaumMartha Nussbaum asks: How can we sustain a decent society that aspires to justice and inspires sacrifice for the common good? Amid negative emotions endemic even to good societies, public emotions rooted in love--intense attachments outside our control--can foster commitment to shared goals and keep at bay the forces of disgust and envy.
Reflections on Judging
by Richard A. PosnerFor Richard Posner, legal formalism and formalist judges--notably Antonin Scalia--present the main obstacles to coping with the dizzying pace of technological advance. Posner calls for legal realism--gathering facts, considering context, and reaching a sensible conclusion that inflicts little collateral damage on other areas of the law.
Courting Death: The Supreme Court And Capital Punishment
by Carol S. SteikerRefusing to eradicate the death penalty, the U.S. has attempted to reform and rationalize capital punishment through federal constitutional law. While execution chambers remain active in several states, Carol Steiker and Jordan Steiker argue that the fate of the American death penalty is likely to be sealed by this failed judicial experiment.
Inside Ethics: On the Demands of Moral Thought
by Alice CraryAlice Crary offers a transformative account of moral thought about human beings and animals. Instead of assuming that the world places no demands on our moral imagination, she underscores the urgency of treating the exercise of moral imagination as necessary for arriving at an adequate world-guided understanding of human beings and animals.
Misreading Law, Misreading Democracy
by Victoria NourseVictoria Nourse argues that lawyers must be educated on the basic procedures that define how Congress operates today. Lawmaking creates winners and losers. If lawyers and judges do not understand this, they may embrace the meanings of those who opposed legislation, turning legislative losers into judicial winners and standing democracy on its head.
Law’s Abnegation: From Law's Empire To The Administrative State
by Adrian VermeuleAdrian Vermeule argues that the arc of law has bent steadily toward deference to the administrative state, which has greater democratic legitimacy and technical competence to confront issues such as climate change, terrorism, and biotechnology. The state did not shove lawyers and judges out of the way; they moved freely to the margins of power.
Law’s Abnegation: From Law's Empire To The Administrative State
by Adrian VermeuleAdrian Vermeule argues that the arc of law has bent steadily toward deference to the administrative state, which has greater democratic legitimacy and technical competence to confront issues such as climate change, terrorism, and biotechnology. The state did not shove lawyers and judges out of the way; they moved freely to the margins of power.