The privacy concerns discussed in the 1990s in relation to the New Genetics failed to anticipate the relevant issues for individuals, families, geneticists and society. Consumers, for example, can now buy their personal genetic information and share it online. The challenges facing genetic privacy have evolved as new biotechnologies have developed, and personal privacy is increasingly challenged by the irrepressible flow of electronic data between the personal and public spheres and by surveillance for terrorism and security risks. This book considers the right to know and the right not to know about your own and others' genomes. It discusses new privacy concerns and developments in ethical thinking, with the greater emphasis on solidarity and equity. The multidisciplinary approach covers current topics such as biobanks and forensic databases, DIY testing, group rights and accountability, the food we eat and the role of the press and the new digital media.
Communication & Media Law
When the Danish newspaper Jyllands-Posten (Viby, Denmark) published the cartoons of the prophet Mohammed nine years ago, Denmark found itself at the center of a global battle about the freedom of speech. The paper's culture editor, Flemming Rose, defended the decision to print the 12 drawings, and he quickly came to play a central part in the debate about the limitations to freedom of speech in the 21st century. Since then, Rose has visited universities and think tanks and participated in conferences and debates around the globe in order to discuss tolerance and freedom. In The Tyranny of Silence, Flemming Rose writes about the people and experiences that have influenced the way he views the world and his understanding of the crisis, including meetings with dissidents from the former Soviet Union and ex-Muslims living in Europe. He provides a personal account of an event that has shaped the debate about what it means to be a citizen in a democracy and how to coexist in a world that is increasingly multicultural, multireligious, and multiethnic.
This engaging book provides a comprehensive analysis of the issues in Burwell v. Hobby Lobby, the blockbuster legal challenge to the Affordable Care Act regulation that requires employer-sponsored health plans to provide contraceptive coverage. Through a series of debates between advocates on both sides of the case, the book tackles questions such as: whether for-profit corporations can assert religious-exercise claims under the First Amendment or federal law, whether businesses with religious objections to certain contraceptives should be exempt from coverage requirements, and what the consequences are of the Supreme Court's June 2014 ruling in favor of Hobby Lobby. This case will be discussed for years to come, and the spirited debate between the authors provides fascinating and informative food for thought to scholars, students, and the public as they grapple with fundamental questions of corporate personhood, religious liberty, and health care policy.
The role of the business corporation in modern society is a controversial one. Some fear and object to corporate power and influence over governments and culture. Others embrace the corporation as a counterweight to the State and as a vehicle to advance important private objectives. A flashpoint in this controversy has been the First Amendment to the U.S. Constitution, which enshrines the fundamental rights of freedom to speech, religion, and association. The extent to which a corporationcan avail itself of these rights goes a long way in defining the corporation's role. Those who fear the corporation wish to see these rights restricted, while those who embrace it wish to see these rights recognized. The First Amendment and the Business Corporation explores the means by which the debate over the First Amendment rights of business corporations can be resolved. By recognizing that corporations possess constitutionally relevant differences, we discover a principled basis by which to afford some corporations the rights and protections of the First Amendment but not others. This is critically important, because a "one-size-fits-all" approach to corporate constitutional rights seriously threatens either democratic government or individual liberty. Recognizing rights where they should not be recognized unnecessarily augments the already considerable power and influence that corporations have in our society. However, denying rights where they are due undermines the liberty of human beings to create, patronize, work for, and invest in companies that share their most cherished values and beliefs.
In their timely and topical book, Reimagining Courts, Victor Flango and Thomas Clarke argue that courts are a victim of their own success. Disputes that once were resolved either informally in the family or within the community are now handled mainly by courts, which strains government agency resources. The authors offer provocative suggestions for a thorough overhaul of American state and local courts, one that better fits the needs of a twenty-first century legal system. nbsp; Reimagining Courts recommends a triage process based upon case characteristics, litigant goals, and resolution processes. Courts must fundamentally reorganize their business processes around the concept of the litigant as a customer.nbsp; Each adjudication process that the authors propose requires a different case management process and different amounts of judicial, staff, and facility resources.nbsp; nbsp; Reimagining Courts should spark much-needed debate. This book will be of significant interest to lawyers, judges, and professionals in the court system as well as to scholars in public administration and political science. nbsp;nbsp;
Congress in the latter part of the nineteenth century decided to enact a series of statutes facilitating state enforcement of their respective criminal laws. Subsequently, Congress enacted statutes federalizing what had been solely state crimes, thereby establishing federal court and state court concurrent jurisdiction over these crimes. Federalization of state crimes has been criticized by numerous scholars, U.S. Supreme Court justices, and national organizations. Such federalization has congested the calendars of the U.S. District Court and the U.S. Court of Appeals leading to delays in civil cases because of the Speedy Trial Act that vacates a criminal indictment if a trial is not commenced within a specific number of days, resulted in over-crowded U.S. penitentiaries, and raises the issue of double jeopardy that is prohibited by the Fifth Amendment to the U.S. Constitution and the constitution of each state. This book examines the impact of federalization of state crime and draws conclusions regarding its desirability. It also offers recommendations directed to Congress and the President, one recommendation direct to state legislatures for remedial actions to reduce the undesirable effects of federalized state crimes, and one recommendation that Congress and all states enter into a federal-interstate criminal suppression compact.
State Voting Laws in America documents changing views on voting rights, emphasizing court rulings which shaped our understanding of what constitutes a legitimate right to vote.
This book offers a framework for improving both the substantive outcomes of environmental policies, and the decision-making processes that produce those outcomes. Both aspects of environmental policy create important inequities that the dominant economic approach to evaluating and designing environmental policies cannot adequately address. Holland draws on the 'capabilities theory' of Amartya Sen and Martha Nussbaum to develop an approach to evaluating anddesigning environmental policies that is grounded in ideals of social justice rather than economic efficiency. She applies this framework to demonstrate its potential to improve current valuation of environmental goods, justification of environmental protection, and inclusion of citizens in the decisionsabout environmental protection. While richly informed by both philosophy and economic reasoning, the book is highly accessible and suitable for non-specialists interested in understanding the theory and practice of environmental protection in the United States.
For most of their history, the U.S. courts of appeals have toiled in obscurity, well out of the limelight of political controversy. But as the number of appeals has increased dramatically, while the number of cases heard by the Supreme Court has remained the same, the courts of appeals have become the court of last resort for the vast majority of litigants. This enhanced status has been recognized by important political actors, and as a result, appointments to the courts of appeals have become more and more contentious since the 1990s. This combination of increasing political salience and increasing political controversy has led to the rise of serious empirical studies of the role of the courts of appeals in our legal and political system. At once building on and contributing to this wave of scholarship, The View from the Bench and Chambers melds a series of quantitative analyses of judicial decisions with the perspectives gained from in-depth interviews with the judges and their law clerks. This multifaceted approach yields a level of insight beyond that provided by any previous work on appellate courts in the United States, making The View from the Bench and Chambers the most comprehensive and rich account of the operation of these courts to date.
Labor & Employment
Today, most Americans lack constitutional rights on the job. Instead of enjoying free speech or privacy, they can be fired for almost any reason or no reason at all. This book uses history to explain why. It takes readers back to the 1930s and 1940s when advocates across the political spectrum - labor leaders, civil rights advocates, and conservatives opposed to government regulation - set out to enshrine constitutional rights in the workplace. The book tells their interlocking stories of fighting for constitutional protections for American workers, recovers their surprising successes, explains their ultimate failure, and helps readers assess this outcome.
Many books give law students advice about how to navigate through their first year of law school. This book strives to be something different. The purpose of "One L of a Year" is to focus on the reading, studying and testing strategies used by the most successful law students. This book is more than advice--it is a learning guide based upon empirical research and statistical correlations between law student learning and their law school GPAs. Most importantly, this book attempts to show you what high-ranking law students have done to achieve success during their first year. It's one thing to read about how to take a law school essay exam--it's quite another thing to see examples of student essays, outlines, legal memoranda, and multiple choice questions. With drive and determination, most students can get through law school. However, "One L of a Year" gives you the research-based skills to maximize your own success.
Based on the latest research, this entertaining, practical guide offers law students a formula for success in school, on the bar exam, and as a practicing attorney. Mastering the law, either as a law student or in practice, becomes much easier if one has a working knowledge of the brain's basic habits. Before you can learn to think like a lawyer, you have to have some idea about how the brain thinks. The first part of this book translates the technical research, explaining learning strategies that work for the brain in law school specifically, and calling out other tactics that are useless (though often popular lures for the misinformed). This book is unique in explaining the science behind the advice and will save you from pursuing tempting shortcuts that will take you in the wrong direction.
The second part explores the brain's decision-making processes and cognitive biases. These biases affect the ability to persuade, a necessary skill of the successful lawyer. The book talks about the art and science of framing, the seductive lure of the confirmation and egocentric biases, and the egocentricity of the availability bias. This book uses easily recognizable examples from both law and life to illustrate the potential of these biases to draw humans to mistaken judgments. Understanding these biases is critical to becoming a successful attorney and gaining proficiency in fashioning arguments that appeal to the sometimes quirky processing of the human brain.
This book is part of the Context and Practice Series, edited by Michael Hunter Schwartz, Professor of Law and Dean of the University of Arkansas at Little Rock Bowen School of Law.
Following its publication in 1974, Grant Gilmore's compact portrait of the development of American law from the eighteenth century to the mid-twentieth century became a classic. In this new edition, the portrait is brought up to date with a new chapter by Philip Bobbitt that surveys the trajectory of American law since the original publication. Bobbitt also provides a Foreword on Gilmore and the celebrated lectures that inspired The Ages of American Law. nbsp; nbsp;"Sharp, opinionated, and as pungent as cheddar."#151;New Republic nbsp; "This book has the engaging qualities of good table talk among a group of sophisticated and educated friends#151;given body by broad learning and a keen imagination and spiced with wit."#151;Willard Hurst
In 1849 Chief Justice Taney's Court delivered a 5-4 decision on the legal status of immigrants and free blacks under the federal commerce power. The closely divided decision, further emphasized by the fact there were eight opinions, played a part in the increasingly contested politics over growing immigration, and the controversies about fugitive slaves and the western expansion of slavery that resulted in the Compromise of 1850. In the decades after the Civil War federal regulation of immigration almost entirely displaced the role of the states. Yet, over a century later, Justice Scalia in Arizona v. US appealed to the era when states exercised greater control over who they allowed to cross their borders; a dissent which has returned the Passenger Cases to the contemporary relevance. The Passenger Cases provide a counter-history that allowed the Court to affirm federal supremacy and state-federal cooperation in Arizona I (2011) and II (2012). In The Passenger Cases and the Commerce Clause Tony Allan Freyer focuses on the antebellum Supreme Court's role prescribing state-federal regulation of immigrants, the movement of free blacks within the United States and on the origins, state court decisions, federal precedents, appellate arguments, and opinion-making that culminated in the Court's decision of the Passenger Cases. The Court's split decision provided political legitimacy for the 1850 Compromise: enactment of a stronger fugitive slave law, admission of slavery in western territories based on popular vote of residents (popular sovereignty), and the abolition of the slave trade in Washington D.C. The divided opinions in the Passenger Cases also influenced the immigrant and slavery crises which disrupted the balance between free and slave-labor states, culminating in the Civil War. The states did indeed enact laws enabling exclusion of undesirable white immigrants and free blacks. The 5-4 division of the Court anticipated the better known, but even more divisive, views of the Justices in the Dred Scott case (1857). And in considering the post-Reconstruction evolution of new standards by which to judge immigration issues, the Passenger Cases revealed the continuing controversy over how to treat those who wish to come to our country, even as federal law came to dominate the regulation of immigration. These issues continued to complicate immigration law as much today as they did more than a century and a half ago. The persistence of these problems suggested that a "decent respect to the opinions of mankind" continued to demand a coherent, humane, and more consistent immigration policy.
The huge prison buildup of the past four decades has few defenders today, yet reforms to reduce the number of people in U.S. jails and prisons have been remarkably modest. Meanwhile, a carceral state has sprouted in the shadows of mass imprisonment, extending its reach far beyond the prison gate. It includes not only the country’s vast archipelago of jails and prisons but also the growing range of penal punishments and controls that lie in the never-never land between prison and full citizenship, from probation and parole to immigrant detention, felon disenfranchisement, and extensive lifetime restrictions on sex offenders. As it sunders families and communities and reworks conceptions of democracy, rights, and citizenship, this ever-widening carceral state poses a formidable political and social challenge. In this book, Marie Gottschalk examines why the carceral state, with its growing number of outcasts, remains so tenacious in the United States. She analyzes the shortcomings of the two dominant penal reform strategies—one focused on addressing racial disparities, the other on seeking bipartisan, race-neutral solutions centered on reentry, justice reinvestment, and reducing recidivism. In this bracing appraisal of the politics of penal reform, Gottschalk exposes the broader pathologies in American politics that are preventing the country from solving its most pressing problems, including the stranglehold that neoliberalism exerts on public policy. She concludes by sketching out a promising alternative path to begin dismantling the carceral state.
There are few intellectual movements in modern American political history more successful than the Federalist Society. Created in 1982 to counterbalance what its founders considered a liberal legal establishment, the organization gradually evolved into the conservative legal establishment, andmembership is all but required for any conservative lawyer who hopes to enter politics or the judiciary. It claims 40,000 members, including four Supreme Court Justices, dozens of federal judges, and every Republican attorney general since its inception. But its power goes even deeper.In Ideas with Consequences, Amanda Hollis-Brusky provides the first comprehensive account of how the Federalist Society exerts its influence. Drawing from a huge trove of documents, transcripts, and interviews, she explains how the Federalist Society managed to revolutionize the jurisprudence for awide variety of important legal issues. Many of these issues - including the extent of federal government power, the scope of the right to bear arms, and the parameters of corporate political speech - had long been considered settled. But the Federalist Society was able to upend the existingconventional wisdom, promoting constitutional theories that had previously been dismissed as ludicrously radical. As Hollis-Brusky shows, the Federalist Society provided several of the crucial ingredients needed to accomplish this constitutional revolution. It serves as a credentialing institutionfor conservative lawyers and judges and legitimizes novel interpretations of the constitution that employ a conservative framework. It also provides a judicial audience of like-minded peers, which prevents the well-documented phenomenon of conservative judges turning moderate after years on thebench. As a consequence, it is able to exercise enormous influence on important cases at every level.A far-reaching analysis of some of the most controversial political and legal issues of our time, Ideas with Consequences is the essential guide to the Federalist Society at a time when its power has broader implications than ever.