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Malevolent Legalities draws upon archival research conducted at the Scalia Papers at the Harvard Law School Historical and Special Collections to examine the influence of Justice Antonin Scalia’s judicial philosophy of “textualist-originalism” on the US Supreme Court’s antidiscrimination jurisprudence. The book focuses on six US Supreme Court cases, organized into two parts. The main argument of the book, grounded in archival and legal materials, is that textualist-originalism makes it lawful for discrimination to be performed through the text, and explicitly seeks to prevent progress by enacting a regime of “static law.” In Shelby County v. Holder (2013), Justice Ginsburg remark...
Apostolos G. Chronopoulos addresses the doctrinal contentions surrounding the doctrine of misappropriation while offering a comprehensive and critical review of the relevant case law that takes into consideration the rich academic commentary on the topic.
Clinical legal education has revolutionized legal education, from its deepest origins in the nineteenth century to its now-global reach.
This study reconstructs Hypatia’s existential and intellectual life and her modern Nachleben through a reception-oriented and interdisciplinary approach. Unlike previous publications on the subject, Hypatia explores all available ancient and medieval sources as well as the history of the reception of the figure of Hypatia in later history, literature, and arts in order to illuminate the ideological transformations/deformations of her story throughout the centuries and recover “the true story”. The intentionally provocative title relates to the contemporary historiographical notion of “false” or “fake history”, as does the overall conceptual and methodological treatment. Through this reception-oriented approach, this study suggests a new reading of the ancient sources that demonstrates the intrinsically political nature of the murder of Hypatia, caused by the phtonos (violent envy) of the Christian bishop Cyril of Alexandria. This is the first comprehensive treatment of the figure of Hypatia addressed to both academic readers – in Classics, Religious Studies, and Reception Studies – and a learned, non-specialist readership. Revised edition in paperback.
In many US courts and internationally, family law cases constitute almost half of the trial caseload. These matters include child abuse and neglect and juvenile delinquency, as well as divorce, custody, paternity, and other traditional family law issues. In this book, the authors argue that reforms to the family justice system are necessary to enable it to assist families and children effectively. The authors propose an approach that envisions the family court as a "care center," by blending existing theories surrounding court reform in family law with an ethic of care and narrative practice. Building on conceptual, procedural, and structural reforms of the past several decades, the authors ...
This book examines the competing regimes of law and religion an offers a multidisciplinary approach to demonstrate the global scope of their influence. It argues that the tension between these two institutions results from their disagreements about the kinds of rule that should govern human life and society, and from where they should be derived.
A collaboration between an attorney and an animal protection advocate, this work utilizes the extremely controversial and high-profile "crush video" case, US v. Stevens, to explore how American society attempts to balance the protection of free speech and the prevention of animal cruelty. Starting from the detailed case study of a single prominent ruling, the authors provide a masterful survey of important issues facing society in the area of animal welfare. The Stevens case included various "hot topic" elements connected to the role of government as arbiter of public morality, including judicial attitudes to sexual deviance and dogfighting. Because it is one of only two animal rights cases ...
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The first ever comprehensive history of anti-Semitism in England, from medieval murder and expulsion through to contemporary forms of anti-Zionism in the 21st century.