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The Taming of Free Speech
Laura Weinrib shows how a coalition of lawyers and activists made judicial enforcement of the Bill of Rights a defining feature of American democracy. Protection of civil liberties was a calculated bargain between liberals and conservatives to save the courts from New Deal attack and secure free speech for both labor radicals and businesses.
Nitzotz
Under the brutal conditions of the Dachau-Kaufering concentration camp, a handful of young Jews resolved to resist their Nazi oppressors. Their weapons were their words. During the Soviet occupation of Kovno and, after the German invasion, within the Kovno ghetto, the members of Irgun Brith Zion circulated an underground journal, Nitzotz (Spark). In its pages, they debated Zionist politics and laid plans for postwar settlement in Palestine. When the Kovno ghetto was liquidated, several contributors to Nitzotz were deported to the Kaufering satellite camps of Dachau. Against all odds, they did not lay down their pens. Nitzotz is the only Hebrew-language publication known to have appeared cons...
Cannons and Codes
It can be said that western literature begins with a war story, the Iliad; and that this is true too of many non-Western literary traditions, such as the Mahabharata. And yet, though a profoundly human subject, war often appears to be by definition outside the realm of structures such as law and literature. When we speak of war, we often understand it as incapable of being rendered into rules or words. Lawyers struggle to fit the horrors of the battlefield, the torture chamber, or the makeshift hospital filled with wounded and dying civilians into the framework of legible rules and shared understandings that law assumes and demands. In the West's centuries-long effort to construct a formal l...
The Future of Academic Freedom
The issues Reichman considers—which are the subjects of daily conversation on college and university campuses nationwide as well as in the media—will fascinate general readers, students, and scholars alike.
Philosophical Foundations of the Law of Torts
This book offers a rich insight into the law of torts and cognate fileds, and will be of broad interest to those working in legal and moral philosophy. It has contributions from all over the world and represents the state-of-the art in tort theory.
The Privileged Few
Male and white privilege are on the decline, yet elite privilege has gone from strength to strength. The privileges enjoyed by the rich and powerful are not only unfair but cause widespread harm, from the everyday slights and humiliations visited on those lower down the scale to the distortions in the labour market when elites use their networks to secure plum jobs, not least in new domains such as professional sports. In this book, Clive Hamilton and Myra Hamilton show that elite privilege is not a mere by-product of wealth but an organising principle for society as a whole. They explore the practices and processes that sustain, legitimise and reproduce elite privilege and show how we are a...
The Turn to Process
Explores the massive reorientation of American legal, political, and economic thinking from truths to methods between 1870 and 1970.
FDR's Gambit
A comprehensive, engaging, and revisionist account of the Court fight that ties it to contemporary policy debates. In the last past few years, liberals concerned about the prospect of long-term conservative dominance of the federal courts have revived an idea that famously crashed and burned in the 1930s: court packing. Not surprisingly, today's court packing advocates have run into a wall of opposition, with most citing the 1930s episode as one FDR's greatest failures. In early 1937, Roosevelt-fresh off a landslide victory-stunned the country when he proposed a plan to expand the size of the court by up to six justices. Today, that scheme is generally seen as an act of hubris-an instance wh...
Black Scare / Red Scare
A radical explication of the ways anti-Black racial oppression has infused the US government's anti-communist repression. In the early twentieth century, two panics emerged in the United States. The Black Scare was rooted in white Americans' fear of Black Nationalism and dread at what social, economic, and political equality of Black people might entail. The Red Scare, sparked by communist uprisings abroad and subversion at home, established anticapitalism as a force capable of infiltrating and disrupting the American order. In Black Scare / Red Scare, Charisse Burden-Stelly meticulously outlines the conjoined nature of these state-sanctioned panics, revealing how they unfolded together as t...
Almost Citizens
Tells the tragic story of Puerto Ricans who sought the post-Civil War regime of citizenship, rights, and statehood but instead received racist imperial governance.
