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Core Documents on International Law 2018-19 (PDF)
by Karen HulmeCompiled in response to student need, Core Documents on International Law is designed to provide the essential statutory material in an easily navigable format.
Core Statutes on Company Law (PDF)
by Cowan ErvineWell-selected and authoritative, Palgrave Core Statutes provide the key materials needed by students in a format that is clear, compact and very easy to use. They are ideal for use in exams.
Cruel, Inhuman or Degrading Treatment?: Benefit Sanctions in the UK (Palgrave Socio-Legal Studies)
by Michael AdlerThis book subjects the hidden phenomenon of benefit sanctions in the UK to sustained examination and critique. It examines the relationship between benefit sanctions and conditionality, shows how benefit sanctions have developed in the UK over the last 100 years, compares benefit sanctions in the UK first with benefit sanctions in other countries and secondly with other administrative penalties and court fines. These comparisons indicate that benefit sanctions are not only unusually harsh and cause real hardship but are also, in many important respects, incompatible with administrative justice and the rule of law. This book assesses the problems of punishment outside the courts, where few of the usual safeguards associated with punishment in the courts apply, and concludes by considering both what could be done about benefit sanctions and whether anything is likely to be done as long as work is prioritised over welfare.
Cruel, Inhuman or Degrading Treatment?: Benefit Sanctions in the UK (Palgrave Socio-Legal Studies)
by Michael AdlerThis book subjects the hidden phenomenon of benefit sanctions in the UK to sustained examination and critique. It examines the relationship between benefit sanctions and conditionality, shows how benefit sanctions have developed in the UK over the last 100 years, compares benefit sanctions in the UK first with benefit sanctions in other countries and secondly with other administrative penalties and court fines. These comparisons indicate that benefit sanctions are not only unusually harsh and cause real hardship but are also, in many important respects, incompatible with administrative justice and the rule of law. This book assesses the problems of punishment outside the courts, where few of the usual safeguards associated with punishment in the courts apply, and concludes by considering both what could be done about benefit sanctions and whether anything is likely to be done as long as work is prioritised over welfare.
Urban Ethics in the Anthropocene: The Moral Dimensions of Six Emerging Conditions in Contemporary Urbanism (PDF)
by Jeffrey K. H. ChanIncreasingly, we live in an environment of our own making: a ‘world as design’ over the natural world. For more than half of the global population, this environment is also thoroughly urban. But what does a global urban condition mean for the human condition? How does the design of the city and the urban process, in response to the issues and challenges of the Anthropocene, produce new ethical categories, shape new moral identities and relations, and bring about consequences that are also morally significant? In other words, how does the urban shape the ethical—and in what ways? Conversely, how can ethics reveal relations and realities of the urban that often go unnoticed? This book marks the first systematic study of the city through the ethical perspective in the context of the Anthropocene. Six emergent urban conditions are examined, namely, precarity, propinquity, conflict, serendipity, fear and the urban commons.
Rethinking Patent Law
by Robin FeldmanScientific and technological innovations are forcing the inadequacies of patent law into the spotlight. Robin Feldman explains why patents are causing so much trouble. She urges lawmakers to focus on crafting rules that anticipate future bargaining, not on the impossible task of assigning precise boundaries to rights when an invention is new.
Legal Orientalism: China, The United States, And Modern Law
by Teemu RuskolaAfter the Cold War, how did China become a global symbol of disregard for human rights, while the U.S positioned itself as the chief exporter of the rule of law? Teemu Ruskola investigates globally circulating narratives about what law is and who has it, and shows how “legal Orientalism” developed into a distinctly American ideology of empire.
Slavish Shore: The Odyssey of Richard Henry Dana Jr.
by Jeffrey L. AmestoyIn 1834 Harvard dropout Richard Henry Dana Jr. became a common seaman, and soon his Two Years Before the Mast became a classic. Literary acclaim did not erase the young lawyer’s memory of floggings he witnessed aboard ship or undermine his vow to combat injustice. Jeffrey Amestoy tells the story of Dana’s determination to keep that vow.
Family Law Reimagined
by Jill Elaine HasdayThis is the first book to explore the canonical narratives, stories, examples, and ideas that legal decisionmakers invoke to explain family law and its governing principles. Jill Elaine Hasday shows how this canon misdescribes the reality of family law, misdirects attention away from actual problems family law confronts, and misshapes policies.
Smart Citizens, Smarter State: The Technologies of Expertise and the Future of Governing
by Beth Simone NoveckGovernments make too little use of the skills and experience of citizens. New tools—what Beth Simone Noveck calls technologies of expertise—are making it possible to match citizen expertise to the demand for it in government. She offers a vision of participatory democracy rooted not in voting or crowdsourcing but in people’s knowledge and know-how.
Lincoln's Political Thought
by George KatebAt the center of Lincoln’s political thought and career is an intense passion for equality that runs so deep in the speeches, messages, and letters that it has the force of religious conviction for Lincoln. George Kateb examines these writings to reveal that this passion explains Lincoln’s reverence for both the Constitution and the Union.
Hate Crimes in Cyberspace
by Danielle Keats CitronSome see the Internet as a Wild West where those who venture online must be thick-skinned enough to endure verbal attacks in the name of free speech protection. Danielle Keats Citron rejects this view. Cyber-harassment is a matter of civil rights law, and legal precedents as well as social norms of decency and civility must be leveraged to stop it.
Butterfly Politics: Changing The World For Women, With A New Preface
by Catharine A. MacKinnonThe miniscule motion of a butterfly’s wings can trigger a tornado half a world away, according to chaos theory. Catharine A. MacKinnon’s collected work on gender inequality—including new pieces—argues that the right seemingly minor interventions in the legal realm can have a butterfly effect that generates major social and cultural transformations.
Rethinking Sovereign Debt: Politics, Reputation, And Legitimacy In Modern Finance
by Odette LienauConventional wisdom holds that all nations must repay debt. Regardless of the legitimacy of the regime that signs the contract, a country that fails to honor its obligations damages its reputation. Yet should today's South Africa be responsible for apartheid-era debt? Is it reasonable to tether postwar Iraq with Saddam Hussein's excesses? Rethinking Sovereign Debt is a probing analysis of how sovereign debt continuity--the rule that nations should repay loans even after a major regime change, or else expect consequences--became dominant. Odette Lienau contends that the practice is not essential for functioning capital markets, and demonstrates its reliance on absolutist ideas that have come under fire over the last century. Lienau traces debt continuity from World War I to the present, emphasizing the role of government officials, the World Bank, and private markets in shaping our existing framework. Challenging previous accounts, she argues that Soviet Russia's repudiation of Tsarist debt and Great Britain's 1923 arbitration with Costa Rica hint at the feasibility of selective debt cancellation. Rethinking Sovereign Debt calls on scholars and policymakers to recognize political choice and historical precedent in sovereign debt and reputation, in order to move beyond an impasse when a government is overthrown.
Inferno: An Anatomy of American Punishment
by Robert A. FergusonAn Open Letters Monthly Best Nonfiction Book of the Year America’s criminal justice system is broken. The United States punishes at a higher per capita rate than any other country in the world. In the last twenty years, incarceration rates have risen 500 percent. Sentences are harsh, prisons are overcrowded, life inside is dangerous, and rehabilitation programs are ineffective. Looking not only to court records but to works of philosophy, history, and literature for illumination, Robert Ferguson, a distinguished law professor, diagnoses all parts of a now massive, out-of-control punishment regime. “If I had won the $400 million Powerball lottery last week I swear I would have ordered a copy for every member of Congress, every judge in America, every prosecutor, and every state prison official and lawmaker who controls the life of even one of the millions of inmates who exist today, many in inhumane and deplorable conditions, in our nation’s prisons.” —Andrew Cohen, The Atlantic “Inferno is a passionate, wide-ranging effort to understand and challenge…our heavy reliance on imprisonment. It is an important book, especially for those (like me) who are inclined towards avoidance and tragic complacency…[Ferguson’s] book is too balanced and thoughtful to be disregarded.” —Robert F. Nagel, Weekly Standard
Culling the Masses: The Democratic Origins Of Racist Immigration Policy In The Americas
by David Scott FitzGeraldCulling the Masses questions the view that democracy and racism cannot coexist. Based on records from 22 countries 1790-2010, it offers a history of the rise and fall of racial selection in the Western Hemisphere, showing that democracies were first to select immigrants by race, and undemocratic states first to outlaw discrimination.
After Roe: The Lost History Of The Abortion Debate
by Mary ZieglerIn the decade after the 1973 Supreme Court decision on abortion, advocates on both sides sought common ground. But as pro-abortion and anti-abortion positions hardened over time into pro-choice and pro-life, the myth was born that Roe v. Wade was a ruling on a woman’s right to choose. Mary Ziegler’s account offers a corrective.
Rage for Order: The British Empire And The Origins Of International Law, 1800-1850
by Lauren Benton Lisa FordLauren Benton and Lisa Ford find the origins of international law in empires, especially in the British Empire’s sprawling efforts to refashion the imperial constitution and reorder the world. These attempts touched on all the issues of the early nineteenth century, from slavery to revolution, and changed the way we think about the empire’s legacy.
The Fight for Interracial Marriage Rights in Antebellum Massachusetts
by Amber D. MoultonThough Massachusetts banned slavery in 1780, prior to the Civil War a law prohibiting marriage between whites and blacks reinforced the state’s racial caste system. Amber Moulton recreates an unlikely collaboration of reformers who sought to rectify what they saw as an indefensible injustice, leading to the legalization of interracial marriage.
Litigating Health Rights: Can Courts Bring More Justice to Health? (Human rights practice series #3)
by Alicia Ely YaminThis book examines the potential of litigation as a strategy to advance the right to health by holding governments accountable for these obligations. It asks who benefits both directly and indirectly—and what the overall impacts on health equity are. Included are case studies from Costa Rica, South Africa, India, Brazil, Argentina and Colombia.
Representing the Race: The Creation Of The Civil Rights Lawyer
by Kenneth W. MackRepresenting the Race tells the story of African American lawyers who, during the era of segregation, confronted a tension between their racial and professional identities. Their untold stories pose the unsettling question: What, ultimately, does it mean to “represent” a minority group in the give-and-take of American law and politics?
Supreme Injustice: Slavery in the Nation’s Highest Court (The Nathan I. Huggins lectures #17)
by Paul FinkelmanIn ruling after ruling, the three most important pre–Civil War justices—Marshall, Taney, and Story—upheld slavery. Paul Finkelman establishes an authoritative account of each justice’s proslavery position, the reasoning behind his opposition to black freedom, and the personal incentives that embedded racism ever deeper in American civic life.
First Amendment Institutions
by Paul HorwitzAddressing a host of hot-button issues, Horwitz argues that rigidly doctrinal interpretation renders First Amendment law inept in the face of messy, real-world situations. Courts should let institutions with a stake in these freedoms do more work to enforce them. Self-regulation and public criticism should be the key restraints, not judicial fiat.
The Fallacies of States' Rights
by Sotirios A. BarberBarber shows how arguments for states’ rights from John C. Calhoun to the present offend common sense, logic, and bedrock constitutional principles. The Constitution is a charter of positive benefits, not a contract among separate sovereigns whose function is to protect people from the central government, when there are greater dangers to confront.
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.