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Free Expression and Democracy
An examination of differences in how the world's democracies address a variety of issues involving free expression.
Constitutional Law
For the first time, Oxford University Press equips students with an accessible guide to exercising their understanding of the fundamental law of the United States on law school exams. In Constitutional Law: Model Problems and Outstanding Answers, Kevin Saunders and Michael Lawrence help students demonstrate their knowledge of constitutional law in the structured and sophisticated manner that professors expect on law school exams.
Degradation
Throughout history obscenity has not really been about sex but about degradation. Sexual depictions have been suppressed when they were seen as lowering the status of humans, furthering our distance from the gods or God and moving us toward the animals. In the current era, when we recognize ourselves and both humans and animals, sexual depiction has lost some of its sting. Its degrading role has been replaced by hate speech that distances groups, whether based on race, ethnicity, gender, or sexual orientation, not only from God but from humanity to a subhuman level. In this original study of the relationship between obscenity and hate speech, First Amendment specialist Kevin W. Saunders traces the legal trajectory of degradation as it moved from sexual depiction to hateful speech. Looking closely at hate speech in several arenas, including racist, homophobic, and sexist speech in the workplace, classroom, and other real-life scenarios, Saunders posits that if hate speech is today’s conceptual equivalent of obscenity, then the body of law that dictated obscenity might shed some much-needed light on what may or may not qualify as punishable hate speech.
Discrimination by Default
Drawing on social psychology to detail three ways in which unconscious assumptions can lead to discrimination, this book demonstrates how these dynamics interact in medical care to produce an invisible, self-fulfilling, and self-perpetuating prophecy of racial disparity.
Universal Standards for Defining Obscenity
In the existing literature, there is no universal standard for defining obscenity. The book aims to demonstrate that there indeed exist underlying universal standards for defining obscenity (USDOs). However, their application to different contexts of time, place, and culture, may legitimately result in varied manifestations. The author examines a definition of obscenity proposed by the political and legal theorist Harry M. Clor, within John Finnis’ natural law theoretical framework. He also explores how positive law, including legislation, case law, and customary law, should respond to the proposed USDOs. The book addresses the theoretical foundation of the determination and regulation of obscenity, and it is supplemented with examples of legal practices from several jurisdictions, such as the United States, the United Kingdom, Canada, and Germany. The book will appeal to scholars of legal philosophy, natural law theories, obscenity law, and free speech.
Truth, Autonomy, and Speech
A feminist approach to first amendment law.
The Disability Pendulum
In "The Disability Pendulum", Ruth Colker presents the first legislative history of the enactment of the ADA in Congress and analyzes the first decade of judicial decisions under the act. She assesses the success and failure of the first ten years of litigation under the ADA, focusing on its three major titles: employment, public entities, and public accommodations. The book argues that despite an initial atmosphere of bipartisan support with the expectation that the ADA would make a significant difference in the lives of individuals with disabilities, judicial decisions have not been consistent with Congress' intentions. The courts have operated like a pendulum, at times swinging to a pro-disabled plaintiff and then back again to a pro-defendant stance. Colker offers insightful and practical suggestions on where to amend the act to make it more effective in defending disability rights, and also explains judicial hostility toward enforcing the act.
Alienated
Throughout American history, the government has used U.S. citizenship and immigration law to protect privileged groups from less privileged ones, using citizenship as a “legitimate” proxy for otherwise invidious, and often unconstitutional, discrimination on the basis of race. While racial discrimination is rarely legally acceptable today, profiling on the basis of citizenship is still largely unchecked, and has in fact arguably increased in the wake of the September 11 terror attacks on the United States. In this thoughtful examination of the intersection between American immigration and constitutional law, Victor C. Romero draws our attention to a “constitutional immigration law para...
Fundamentals of Collection Development and Management, Fourth Edition
Technical Services Quarterly declared that the third edition “must now be considered the essential textbook for collection development and management … the first place to go for reliable and informative advice." For the fourth edition expert instructor and librarian Johnson has revised and freshened this resource to ensure its timeliness and continued excellence. Each chapter offers complete coverage of one aspect of collection development and management, including numerous suggestions for further reading and narrative case studies exploring the issues. Thorough consideration is given to traditional management topics such as organization of the collection, weeding, staffing, and policyma...
Regulating Audiovisual Services
In recent years, the changing nature of audiovisual services has had a significant impact on regulatory policy and practice. The adoption of digital technology means that broadcasting, cable, satellite, the Internet and mobile telephony are converging, enabling each of them to deliver the same kinds of content and allowing users to exercise much greater choice over the kind of material that they receive and when they receive it. The essays examine the implications for regulatory design, asking whether there is still a role for traditional-style state controls, or whether other techniques, such as competition in the market and self-regulation, are more appropriate. They also explore how, in the digital era, structural issues of media ownership and control become problems of access and interconnection between services and how content regulation focuses more on problems raised by the interactions between providers and users, the relationship between freedom of information and technologies to control it and the international reach of the new media.
