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Seeking Civility
This engaging and highly original look at civility in American culture asks if litigation is the most efficient or effective means of enforcing personal disputes.
Confounded Expectations
George W. Jarecke and Nancy K. Plant present a selection of cases across a broad spectrum of American law to demonstrate that our society relies inappropriately on the legal system to cure ills the system was not designed to address. Jarecke and Plant note that while we in the United States worry considerably about the problem of individual assumption of responsibility--whether for personal mistakes, financial setbacks, or pure bad luck--we appear uneasy about the concept and unclear about what it means on a daily basis. Not only are we incapable of accepting personal responsibility; we barely know what it means to do so. Mistakenly, we turn to the legal system to solve this dilemma. Yet our...
All Judges Are Political—Except When They Are Not
We live in an age where one person's judicial "activist" legislating from the bench is another's impartial arbiter fairly interpreting the law. After the Supreme Court ended the 2000 Presidential election with its decision in Bush v. Gore, many critics claimed that the justices had simply voted their political preferences. But Justice Clarence Thomas, among many others, disagreed and insisted that the Court had acted according to legal principle, stating: "I plead with you, that, whatever you do, don't try to apply the rules of the political world to this institution; they do not apply." The legitimacy of our courts rests on their capacity to give broadly acceptable answers to controversial ...
Michigan Law Review
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Laws of Image
Americans have long been obsessed with their images—their looks, public personas, and the impressions they make. This preoccupation has left its mark on the law. The twentieth century saw the creation of laws that protect your right to control your public image, to defend your image, and to feel good about your image and public presentation of self. These include the legal actions against invasion of privacy, libel, and intentional infliction of emotional distress. With these laws came the phenomenon of "personal image litigation"—individuals suing to vindicate their image rights. Laws of Image tells the story of how Americans came to use the law to protect and manage their images, feeli...
