Юриспруденция, право
Различные книги в жанре Юриспруденция, правоThe Law of Affirmative Action
The debate over race in this country has of late converged on the contentious issue of affirmative action. Although the Supreme Court once supported the concept of racial affirmative action, in recent years a majority of the Court has consistently opposed various affirmative action programs. The Law of Affirmative Action provides a comprehensive chronicle of the evolution of the Supreme Court's involvement with the racial affirmative action issue over the last quarter century. Starting with the 1974 DeFunis v. Odegaard decision and the 1978 Bakke decision, which marked the beginnings of the Court's entanglement with affirmative action, Girardeau Spann examines every major Supreme Court affirmative action decision, showing how the controversy the Court initially left unresolved in DeFunis has persisted through the Court's 1998-99 term. Including nearly thirty principal cases, covering equal protection, voting rights, Title VII, and education, The Law of Affirmative Action is the only work to treat the Court decisions on racial affirmative action so closely, tracing the votes of each justice who has participated in the decisions. Indispensable for students and scholars, this timely volume elucidates reasons for the 180 degree turn in opinion on an issue so central to the debate on race in America today.
The Law as it Could Be
The Law As It Could Be gathers Fiss’s most important work on procedure, adjudication and public reason, introduced by the author and including contextual introductions for each piece—some of which are among the most cited in Twentieth Century legal studies. Fiss surveys the legal terrain between the landmark cases of Brown v. Board of Education and Bush v. Gore to reclaim the legal legacy of the Civil Rights Movement. He argues forcefully for a vision of judges as instruments of public reason and of the courts as a means of shaping society in the image of the Constitution. In building his argument, Fiss attends to topics as diverse as the use of the injunction to restructure social institutions; how law and economics have misunderstood the role of the judge; why the movement seeking alternatives to adjudication fails to serve the public interest; and why Bush v. Gore was not the constitutional crisis some would have us believe. In so doing, Fiss reveals a vision of adjudication that vindicates the public reason on which Brown v. Board of Education was founded.
The Judiciary
Revised and updated to include the latest Supreme Court decisions, this classic text, now in its tenth edition, provides a concise overview of the judiciary in general and the Supreme Court in particular. The only book available that combines theory and practice of the judicial process with civil rights and liberties, The Judiciary acquaints students with the intricacies of our courts, the people who compose them, and their relationship to other branches of government, as well as to individuals and groups.
The Global Flow of Information
The Internet has been integral to the globalization of a range of goods and production, from intellectual property and scientific research to political discourse and cultural symbols. Yet the ease with which it allows information to flow at a global level presents enormous regulatory challenges. Understanding if, when, and how the law should regulate online, international flows of information requires a firm grasp of past, present, and future patterns of information flow, and their political, economic, social, and cultural consequences.In The Global Flow of Information , specialists from law, economics, public policy, international studies, and other disciplines probe the issues that lie at the intersection of globalization, law, and technology, and pay particular attention to the wider contextual question of Internet regulation in a globalized world. While individual essays examine everything from the pharmaceutical industry to television to “information warfare” against suspected enemies of the state, all contributors address the fundamental question of whether or not the flow of information across national borders can be controlled, and what role the law should play in regulating global information flows.Ex Machina seriesContributors: Frederick M. Abbott, C. Edwin Baker, Jack M. Balkin, Dan L. Burk, Miguel Angel Centeno, Dorothy E. Denning, James Der Derian, Daniel W. Drezner, Jeremy M. Kaplan, Eddan Katz, Stanley N. Katz, Lawrence Liang, Eli Noam, John G. Palfrey, Jr., Victoria Reyes, and Ramesh Subramanian
The Colorblind Screen
The election of President Barack Obama signaled for many therealization of a post-racial America, a nation in which racism was no longer adefining social, cultural, and political issue. While many Americans espouse a“colorblind” racial ideology and publicly endorse the broad goals ofintegration and equal treatment without regard to race, in actuality thisattitude serves to reify and legitimize racism and protects racial privilegesby denying and minimizing the effects of systematic and institutionalizedracism. In The Colorblind Screen, the contributors examinetelevision’s role as the major discursive medium in the articulation andcontestation of racialized identities in the United States. While the dominantmode of televisual racialization has shifted to a “colorblind” ideology thatforegrounds racial differences in order to celebrate multiculturalassimilation, the volume investigates how this practice denies the significantsocial, economic, and political realities and inequalities that continue todefine race relations today. Focusing on such iconic figures as PresidentObama, LeBron James, and Oprah Winfrey, many chapters examine the ways in whichrace is read by television audiences and fans. Other essays focus on how visualconstructions of race in dramas like 24, Sleeper Cell, and The Wantedcontinue to conflate Arab and Muslim identities in post-9/11 television. Thevolume offers an important intervention in the study of the televisualrepresentation of race, engaging with multiple aspects of the mythologiesdeveloping around notions of a “post-racial” America and the duplicitousdiscursive rationale offered by the ideology of colorblindness.
Speech Stories
When we talk about what «freedom of speech» means in America, the discussion almost always centers on freedom rather than speech. Taking for granted that speech is an unambiguous and stable category, we move to considering how much freedom speech should enjoy. But, as Randall Bezanson demonstrates in Speech Stories , speech is a much more complicated and dynamic notion than we often assume. In an age of rapidly accelerated changes in discourse combined with new technologies of communication, the boundaries and substance of what we traditionally deem speech are being reconfigured in novel and confusing ways. In order to spark thought, discussion, and debate about these complexities and ambiguities, Bezanson probes the «stories» behind seven controversial free speech cases decided by the Supreme Court. These stories touch upon the most controversial and significant of contemporary first amendment issues: government restrictions on hate speech and obscene and indecent speech; pornography and the subordination of women; the constitutionality of campaign finance reform; and the treatment to be accorded new technologies of communication under the Constitution. The result is a provocative engagement of the reader in thinking about the puzzles and paradoxes of our commitment to free expression.
Smoke and Mirrors
Who gets to breathe clean air? Who benefits from the cheaper products produced with dirty air? The answers, as the contributors to Smoke and Mirrors tell us, are sometimes as gray as the air itself. From the coal factory chimneys in Manchester in the late nineteenth century to the smog hanging over Los Angeles in the late twentieth century, air pollution has long been one of the greatest threats to our environment. In this important collection of original essays, the leading environmental scientists and social scientists examine the politics of air pollution policies and help us to understand the ways these policies have led to, idiosyncratic, effective, ineffective, and even disastrous choices about what we choose to put into and take out of the air. Offering historical, contemporary and cross-national perspectives, this volume provides a refreshing new approach to understanding how air pollution policies have evolved over time.
Sexual Futures, Queer Gestures, and Other Latina Longings
Winner of the Alan Bray Memorial Book Prize presented by the GL/Q Caucus of the Modern Language Association [/b][b]Finalist for the 2015 LGBT Studies Award presented by the Lambda Literary Foundation Sexual Futures, Queer Gestures and Other Latina Longings proposes a theory of sexual politics that works in the interstices between radical queer desires and the urgency of transforming public policy, between utopian longings and everyday failures. Considering the ways in which bodily movement is assigned cultural meaning, Juana María Rodríguez takes the stereotypes of the hyperbolically gestural queer Latina femme body as a starting point from which to discuss how gestures and forms of embodiment inform sexual pleasures and practices in the social realm. Centered on the sexuality of racialized queer female subjects, the book’s varied archive—which includes burlesque border crossings, daddy play, pornography, sodomy laws, and sovereignty claims—seeks to bring to the fore alternative sexual practices and machinations that exist outside the sightlines of mainstream cosmopolitan gay male culture. Situating articulations of sexual subjectivity between the interpretive poles of law and performance, Rodríguez argues that forms of agency continually mediate among these various structures of legibility—the rigid confines of the law and the imaginative possibilities of the performative. She reads the strategies of Puerto Rican activists working toward self-determination alongside sexual performances on stage, in commercial pornography, in multi-media installations, on the dance floor, and in the bedroom. Rodríguez examines not only how projections of racialized sex erupt onto various discursive mediums but also how the confluence of racial and gendered anxieties seeps into the gestures and utterances of sexual acts, kinship structures, and activist practices. Ultimately, Sexual Futures, Queer Gestures, and Other Latina Longings reveals —in lyrical style and explicit detail—how sex has been deployed in contemporary queer communities in order to radically reconceptualize sexual politics.
Sex without Consent
A group of men rape an intoxicated fifteen year old girl to «make a woman of her.» An immigrant woman is raped after accepting a ride from a stranger. A young mother is accosted after a neighbor escorts her home. In another case, a college frat party is the scene of the crime. Although these incidents appear similar to accounts one can read in the newspapers almost any day in the United States, only the last one occurred in this century. Each, however, involved a woman or girl compelled to have sex against her will. Sex without Consent explores the experience, prosecution, and meaning of rape in American history from the time of the early contact between Europeans and Native Americans to the present. By exploring what rape meant in particular times and places in American history, from interracial encounters due to colonization and slavery to rape on contemporary college campuses, the contributors add to our understanding of crime and punishment, as well as to gender relations, gender roles, and sexual politics.
Sex Fiends, Perverts, and Pedophiles
From Megan’s Law to Jessica’s Law, almost every state in the nation has passed some law to punish sex offenders. This popular tough-on-crime legislation is often written after highly-publicized cases have made the gruesome rounds through the media, and usually features harsh sentences, lifetime GPS monitoring, a dramatic expansion of the civil commitment procedures, and severe restrictions on where released sex offenders may live. In Sex Fiends, Perverts, and Pedophiles , Chrysanthi Leon argues that, while the singular notion of the sexual boogeyman has been used to justify these harsh policies, not all sex offenders are the same and such ‘one size fits all’ policies can unfairly punish other offenders of lesser crimes, needlessly targeting, sometimes ostracizing, citizens from their own communities.While many recognize that prison is not the right tool for every crime problem, Leon compellingly argues that the U.S. maintains a one-size-fits-all approach to sexual offending which is undermining public safety. Leon explains how we’ve reached this point—with a large incarcerated sex offender population, many of whom will be released in the coming years with multiple barriers to their success in the community, and without much expertise to guide them or to guide those who are charged to help them. Leon argues that we cannot blame the public, nor even the politicians, except indirectly. Instead, we might blame the institutions we charge with making placement decisions and with the experts—both those who have chosen to work in the field and those who have caused its marginalization. Ultimately, Leon shows that when policies intended for the worst offenders take over, all of us suffer.