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Truth and Transparency
Undercover investigators have been celebrated as critical conduits of political speech and essential protectors of transparency. They have also been derided as intrusive and spy-like, inconsistent with private property rights, and morally or ethically questionable. In Truth and Transparency, Alan K. Chen and Justin Marceau rigorously examine this duality and seek to provide a socio-legal context for understanding these varying views. The book concretely defines undercover investigations, distinguishes the practice from investigative journalism and whistleblowing, and provides a comprehensive legal history. Chapters explore the public need for investigations and the rights of investigators, paying close attention to the types of investigations that fall beyond the scope of constitutional protection. The book also provides concrete empirical evidence of the broad, bipartisan support for undercover investigations and champions the practice as an essential com-ponent of the transparency our democracy needs to thrive.
Free Speech Beyond Words
A look at First Amendment coverage of music, non-representational art, and nonsense The Supreme Court has unanimously held that Jackson Pollock’s paintings, Arnold Schöenberg’s music, and Lewis Carroll’s poem “Jabberwocky” are “unquestionably shielded” by the First Amendment. Nonrepresentational art, instrumental music, and nonsense: all receive constitutional coverage under an amendment protecting “the freedom of speech,” even though none involves what we typically think of as speech—the use of words to convey meaning. As a legal matter, the Court’s conclusion is clearly correct, but its premises are murky, and they raise difficult questions about the possibilities an...
Public Interest Lawyering
Public Interest Lawyering is the first comprehensive analysis of public interest lawyering that is suitable as a law school elective text and/or advanced legal profession courses and seminars. Drawing upon a range of theoretical and empirical perspectives, this timely textbook examines the lives of public interest lawyers, the clients and causes they serve, the contexts within which they work, the strategies they deploy, and the challenges they face today. Features: The first comprehensive overview of the broad range of contemporary issues faced by public interest lawyers in any American law school text. Thorough discussion of important theoretical issues about the scope and definition of pu...
The Law of the Police
This important new book provides materials and analysis for law school classes on policing and the law. It offers a resource for students and others seeking to understand and evaluate how American law governs police interactions with the public. The book provides primary materials, including cases, statutes, and departmental policies, and commentary and questions designed to help readers explore policing practices; the law that governs them; and the law’s consequences for the costs, benefits, fairness, and accountability of policing. Among other issues, the notes and questions encourage readers to consider the form and content of the law; how it might change; who is making it; and how the ...
Research Handbook on the Law of Virtual and Augmented Reality
Virtual and augmented reality raise significant questions for law and policy. When should virtual world activities or augmented reality images count as protected First Amendment ‘speech’, and when are they instead a nuisance or trespass? When does copying them infringe intellectual property laws? When should a person (or computer) face legal consequences for allegedly harmful virtual acts? The Research Handbook on the Law of Virtual and Augmented Reality addresses these questions and others, drawing upon free speech doctrine, criminal law, issues of data protection and privacy, legal rights for increasingly intelligent avatars, and issues of jurisdiction within virtual and augmented reality worlds.
The Fall of the Faculty
Until very recently, American universities were led mainly by their faculties, which viewed intellectual production and pedagogy as the core missions of higher education. Today, as Benjamin Ginsberg warns in this eye-opening, controversial book, "deanlets"—administrators and staffers often without serious academic backgrounds or experience—are setting the educational agenda. The Fall of the Faculty examines the fallout of rampant administrative blight that now plagues the nation's universities. In the past decade, universities have added layers of administrators and staffers to their payrolls every year even while laying off full-time faculty in increasing numbers—ostensibly because of...
The Tragedy of Religious Freedom
Legal 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.
Motion Practice
This comprehensive guide not only analyzes every applicable rule of civil procedure, but also gives you practice-proven techniques for evaluating what motions will work most effectively in each of your cases. From early pretrial motions dealing with complaints and jurisdiction to appellate motion practice for both victor and vanquished, Motion Practice, Eighth Edition shows you both what is permissible and what is advisable in such aspects of motion practice as:
The Ethics of Fur
This is the first multidisciplinary book that addresses the ethics of fur. Whatever might have been true of the past, the production of fur is now morally problematic in terms of both necessity and suffering. There is no necessity in killing animals for nonessential purposes, such as adornment, fashion, or vanity. The argument for utility simply doesn’t hold up. Alternative clothing is now readily available, enduring, and less costly. Worse still, since we know that the animals exploited are sentient, causing them suffering or making animals liable to suffering is arguably intrinsically wrong. The purpose of this volume is to open up and advance further the ethical, political, and specifically legislative endeavors now moving at pace and to encourage the anti-fur movement. That said, there is much to learn from this book about the history, culture, and political arguments for and against fur that should interest scholars and students, as well as those engaged on either side of the debate. It is not common for academics to engage with pressing and contentious moral issues, and we pay tribute to our eighteen contributors for leading the way.
