{"title":"Law","description":"","products":[{"product_id":"breaking-the-cycles-of-hatred-9780691096636","title":"Breaking the Cycles of Hatred","description":"\u003cp\u003eViolence so often begets violence. Victims respond with revenge only to inspire seemingly endless cycles of retaliation. Conflicts between nations, between ethnic groups, between strangers, and between family members differ in so many ways and yet often share this dynamic. In this powerful and timely book Martha Minow and others ask: What explains these cycles and what can break them? What lessons can we draw from one form of violence that might be relevant to other forms? Can legal responses to violence provide accountability but avoid escalating vengeance? If so, what kinds of legal institutions and practices can make a difference? What kinds risk failure?\u003cbr\u003e\u003cbr\u003e\u003cbr\u003e\u003cbr\u003e \u003ci\u003eBreaking the Cycles of Hatred\u003c\/i\u003e represents a unique blend of political and legal theory, one that focuses on the double-edged role of memory in fueling cycles of hatred and maintaining justice and personal integrity. Its centerpiece comprises three penetrating essays by Minow. She argues that innovative legal institutions and practices, such as truth commissions and civil damage actions against groups that sponsor hate, often work better than more conventional criminal proceedings and sanctions. Minow also calls for more sustained attention to the underlying dynamics of violence, the connections between intergroup and intrafamily violence, and the wide range of possible responses to violence beyond criminalization.\u003cbr\u003e\u003cbr\u003e\u003cbr\u003e A vibrant set of freestanding responses from experts in political theory, psychology, history, and law examines past and potential avenues for breaking cycles of violence and for deepening our capacity to avoid becoming what we hate. The topics include hate crimes and hate-crimes legislation, child sexual abuse and the statute of limitations, and the American kidnapping and internment of Japanese Latin Americans during World War II. Commissioned by Nancy Rosenblum, the essays are by Ross E. Cheit, Marc Galanter, Fredrick C. Harris, Judith Lewis Herman, Carey Jaros, Frederick M. Lawrence, Austin Sarat, Ayelet Shachar, Eric K. Yamamoto, and Iris Marion Young.\u003c\/p\u003e","brand":"Martha Minow","offers":[{"title":"Default Title","offer_id":42955727274102,"sku":"9780691096636","price":47.0,"currency_code":"USD","in_stock":true}],"thumbnail_url":"\/\/cdn.shopify.com\/s\/files\/1\/0671\/1374\/6550\/files\/CoreSourceHub_8a09c608-4cd8-491c-b406-d9624669d315.jpg?v=1767698445"},{"product_id":"womens-human-rights-9780812220919","title":"Women's Human Rights","description":"\u003cp\u003eAccording to Susan Deller Ross, many human rights advocates still do not see women's rights as human rights. Yet women in many countries suffer from laws, practices, customs, and cultural and religious norms that consign them to a deeply inferior status. Advocates might conceive of human rights as involving torture, extrajudicial killings, or cruel and degrading treatment—all clearly in violation of international human rights—and think those issues irrelevant to women. Yet is female genital mutilation, practiced on millions of young girls and even infants, not a gross violation of human rights? When a family decides to murder a daughter in the name of \"honor,\" is that not an extrajudicial killing? When a husband rapes or savagely beats his wife, knowing the legal authorities will take no action on her behalf, is that not cruel and degrading treatment?\u003cbr\u003e\u003cbr\u003e\u003ci\u003eWomen's Human Rights\u003c\/i\u003e is the first human rights casebook to focus specifically on women's human rights. Rich with interdisciplinary material, the book advances the study of the deprivation and violence women suffer due to discriminatory laws, religions, and customs that deny them their most fundamental freedoms. It also provides present and future lawyers the legal tools for change, demonstrating how human rights treaties can be used to obtain new laws and court decisions that protect women against discrimination with respect to employment, land ownership, inheritance, subordination in marriage, domestic violence, female genital mutilation, polygamy, child marriage, and the denial of reproductive rights.\u003cbr\u003e\u003cbr\u003eRoss examines international and regional human rights treaties in depth, including treaty language and the jurisprudence and general interpretive guidelines developed by human rights bodies. By studying how international human rights law has been and can be implemented at the domestic level through local courts and legislatures, readers will understand how to call upon these newly articulated human rights to help bring about legislation, court decisions, and executive action that protect women from human rights violations.\u003c\/p\u003e","brand":"Susan Deller Ross","offers":[{"title":"Default Title","offer_id":42955727405174,"sku":"9780812220919","price":79.95,"currency_code":"USD","in_stock":true}],"thumbnail_url":"\/\/cdn.shopify.com\/s\/files\/1\/0671\/1374\/6550\/files\/CoreSourceHub_b7ea4f0d-d872-4235-9043-f7967c173551.jpg?v=1767696025"},{"product_id":"justice-in-luritz-9780691143484","title":"Justice in Lüritz","description":"\u003cp\u003eAs a child, Inga Markovits dreamt of stealing and reading every letter contained in a mailbox at a busy intersection of her town in order to learn what life is all about. When, decades later, working as a legal historian, she tracked down the almost complete archive of a former East German trial court, she knew that she had finally found her mailbox. Combining her work in this extraordinary archive with interviews of former plaintiffs and defendants, judges and prosecutors, government and party functionaries, and Stasi collaborators, all in the little town she calls \"Lüritz,\" Markovits has written a remarkable grassroots history of a legal system that set out with the utopian hopes of a few and ended in the anger and disappointment of the many. This is a story of ordinary men and women who experienced Socialist law firsthand--people who applied and used the law, trusted and resented it, manipulated and broke it, and feared and opposed it, but who all dealt with it in ways that help us understand what it meant to be a citizen in a twentieth-century Socialist state, what \"Socialist justice\" aimed to do, and how, in the end, it failed. Brimming with human stories of obedience and resistance, endurance and cunning, and cruelty and grief, \u003ci\u003eJustice in Lüritz\u003c\/i\u003e is ultimately a book about much more than the law, or Socialism, or East Germany.\u003c\/p\u003e","brand":"Inga Markovits","offers":[{"title":"Default Title","offer_id":42955728257142,"sku":"9780691143484","price":45.0,"currency_code":"USD","in_stock":true}],"thumbnail_url":"\/\/cdn.shopify.com\/s\/files\/1\/0671\/1374\/6550\/files\/CoreSourceHub_5ba29e90-46fc-4e6a-bb22-51664f03c4cc.jpg?v=1767699668"},{"product_id":"prison-religion-9780691152530","title":"Prison Religion","description":"\u003cp\u003eMore than the citizens of most countries, Americans are either religious or in jail--or both. But what does it mean when imprisonment and evangelization actually go hand in hand, or at least appear to? What do \"faith-based\" prison programs mean for the constitutional separation of church and state, particularly when prisoners who participate get special privileges? In \u003ci\u003ePrison Religion\u003c\/i\u003e, law and religion scholar Winnifred Fallers Sullivan takes up these and other important questions through a close examination of a 2005 lawsuit challenging the constitutionality of a faith-based residential rehabilitation program in an Iowa state prison.\u003cbr\u003e\u003cbr\u003e\u003cbr\u003e\u003cbr\u003e \u003ci\u003eAmericans United for the Separation of Church and State v. Prison Fellowship Ministries\u003c\/i\u003e, a trial in which Sullivan served as an expert witness, centered on the constitutionality of allowing religious organizations to operate programs in state-run facilities. Using the trial as a case study, Sullivan argues that separation of church and state is no longer possible. Religious authority has shifted from institutions to individuals, making it difficult to define religion, let alone disentangle it from the state. \u003ci\u003ePrison Religion\u003c\/i\u003e casts new light on church-state law, the debate over government-funded faith-based programs, and the predicament of prisoners who have precious little choice about what kind of rehabilitation they receive, if they are offered any at all.\u003c\/p\u003e","brand":"Winnifred Fallers Sullivan","offers":[{"title":"Default Title","offer_id":42955729698934,"sku":"9780691152530","price":37.0,"currency_code":"USD","in_stock":true}],"thumbnail_url":"\/\/cdn.shopify.com\/s\/files\/1\/0671\/1374\/6550\/files\/CoreSourceHub_c318af4a-41c3-4838-8cab-6d69dd1977ee.jpg?v=1767698622"},{"product_id":"economics-for-lawyers-9780691146560","title":"Economics for Lawyers","description":"\u003cp\u003eWhether dealing with contracts, tort actions, or government regulations, lawyers are more likely to be successful if they are conversant in economics. \u003ci\u003eEconomics for Lawyers\u003c\/i\u003e provides the essential tools to understand the economic basis of law. Through rigorous analysis illustrated with simple graphs and a wide range of legal examples, Richard Ippolito focuses on a few key concepts and shows how they play out in numerous applications. There are everyday problems: What is the social cost of legislation enforcing below-market prices, minimum wages, milk regulation, and noncompetitive pricing? Why are matinee movies cheaper than nighttime showings? And then there are broader questions: What is the patent system's role in the market for intellectual property rights? How does one think about externalities like airport noise? Is the free market, a regulated solution, or tort law the best way to deliver the \"efficient amount of harm\" in the workplace? 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The trial, he reminds us, is not confined to the impartial application of legal rules to factual findings. Burns depicts the trial as an institution employing its own language and styles of performance that elevate the understanding of decision-makers, bringing them in contact with moral sources beyond the limits of law.\u003cbr\u003e\u003cbr\u003e\u003cbr\u003e Burns explores the rich narrative structure of the trial, beginning with the lawyers' opening statements, which establish opposing moral frameworks in which to interpret the evidence. In the succession of witnesses, stories compete and are held in tension. At some point during the performance, a sense of the right thing to do arises among the jurors. How this happens is at the core of Burns's investigation, which draws on careful descriptions of what trial lawyers do, the rules governing their actions, interpretations of actual trial material, social science findings, and a broad philosophical and political appreciation of the trial as a unique vehicle of American self-government.\u003c\/p\u003e","brand":"Robert P. Burns","offers":[{"title":"Default Title","offer_id":42955733926006,"sku":"9780691089805","price":50.0,"currency_code":"USD","in_stock":true}],"thumbnail_url":"\/\/cdn.shopify.com\/s\/files\/1\/0671\/1374\/6550\/files\/CoreSourceHub_fe091a25-31ff-4644-9bc0-95a9f3545423.jpg?v=1767696482"},{"product_id":"law-without-nations-9780691130552","title":"Law without Nations?","description":"\u003cp\u003eWhat authority does international law really have for the United States? When and to what extent should the United States participate in the international legal system? This forcefully argued book by legal scholar Jeremy Rabkin provides an insightful new look at this important and much-debated question.\u003cbr\u003e\u003cbr\u003e\u003cbr\u003e  Americans have long asked whether the United States should join forces with institutions such as the International Criminal Court and sign on to agreements like the Kyoto Protocol. Rabkin argues that the value of international agreements in such circumstances must be weighed against the threat they pose to liberties protected by strong national authority and institutions. He maintains that the protection of these liberties could be fatally weakened if we go too far in ceding authority to international institutions that might not be zealous in protecting the rights Americans deem important. Similarly, any cessation of authority might leave Americans far less attached to the resulting hybrid legal system than they now are to laws they can regard as their own.\u003cbr\u003e\u003cbr\u003e\u003cbr\u003e\u003cbr\u003e \u003ci\u003eLaw without Nations?\u003c\/i\u003e traces the traditional American wariness of international law to the basic principles of American thought and the broader traditions of liberal political thought on which the American Founders drew: only a sovereign state can make and enforce law in a reliable way, so only a sovereign state can reliably protect the rights of its citizens. It then contrasts the American experience with that of the European Union, showing the difficulties that can arise from efforts to merge national legal systems with supranational schemes. In practice, international human rights law generates a cloud of rhetoric that does little to secure human rights, and in fact, is at odds with American principles, Rabkin concludes.\u003cbr\u003e\u003cbr\u003e\u003cbr\u003e  A challenging and important contribution to the current debates about the meaning of multilateralism and international law, \u003ci\u003eLaw without Nations?\u003c\/i\u003e will appeal to a broad cross-section of scholars in both the legal and political science arenas.\u003c\/p\u003e","brand":"Jeremy A. 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This book brings together essays by leading legal authorities and political scientists on a range of questions from whether the U.S. Constitution is subject to amendment by procedures other than those authorized by Article V to how significant change is conceptualized within classical rabbinic Judaism. Though the essays are concerned for the most part with the American experience, other constitutional traditions are considered as well.\u003cbr\u003e\u003cbr\u003e\u003cbr\u003e The contributors include Bruce Ackerman, Akhil Reed Amar, Mark E. Brandon, David R. Dow, Stephen M. Griffin, Stephen Holmes and Cass R. Sunstein, Sanford Levinson, Donald Lutz, Walter Murphy, Frederick Schauer, John R. Vile, and Noam J. 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Looking honestly at uncomfortable facts, Linda Mills makes the case for a complete overhaul and presents a promising alternative.\u003cbr\u003e\u003cbr\u003e\u003cbr\u003e The evidence turns up some surprising facts about the complexities of intimate abuse, facts that run against mainstream assumptions: The current system robs battered women of what power they do hold. Perhaps as many as half of women in abusive relationships stay in them for strong cultural, economic, religious, or emotional reasons. Jailing their partners often makes their situations worse. Women are at least as physically violent and emotionally aggressive as are men toward women, and women's aggression is often central to the dynamic of intimate abuse.\u003cbr\u003e\u003cbr\u003e\u003cbr\u003e Informed by compelling evidence, personal experience, and what abused women themselves say about their needs, Mills proposes no less than a fundamentally new system. Addressing the real dynamics of intimate abuse and incorporating proven methods of restorative justice, Mills's approach focuses on healing and transformation rather than shame or punishment. Already the subject of heated controversy, Insult to Injury offers a desperately needed and powerful means for using what we know to reduce violence in our homes.\u003c\/p\u003e","brand":"Linda G. Mills","offers":[{"title":"Default Title","offer_id":42955737923702,"sku":"9780691127729","price":35.0,"currency_code":"USD","in_stock":true}],"thumbnail_url":"\/\/cdn.shopify.com\/s\/files\/1\/0671\/1374\/6550\/files\/CoreSourceHub_29b1d770-51c8-4d2b-8e0e-ba6e9528a4aa.jpg?v=1767697995"},{"product_id":"that-eminent-tribunal-9780691116686","title":"That Eminent Tribunal","description":"\u003cp\u003eThe role of the United States Supreme Court has been deeply controversial throughout American history. 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Providing the first major alternative to conventional arguments grounded in public choice theory, it demonstrates that regulatory government can, and on important occasions does, advance general interests.\u003cbr\u003e\u003cbr\u003e\u003cbr\u003e  Unlike previous accounts, \u003ci\u003eRegulation and Public Interests\u003c\/i\u003e takes agencies' decision-making rules rather than legislative incentives as a central determinant of regulatory outcomes. Drawing from both political science and law, Steven Croley argues that such rules, together with agencies' larger decision-making environments, enhance agency autonomy. Agency personnel inclined to undertake regulatory initiatives that generate large but diffuse benefits (while imposing smaller but more concentrated costs) can use decision-making rules to develop socially beneficial regulations even over the objections of Congress and influential interest groups. This book thus provides a qualified defense of regulatory government. Its illustrative case studies include the development of tobacco rulemaking by the Food and Drug Administration, ozone and particulate matter rules by the Environmental Protection Agency, the Forest Service's \"roadless\" policy for national forests, and regulatory initiatives by the Securities and Exchange Commission and the Federal Trade Commission.\u003c\/p\u003e","brand":"Steven P. Croley","offers":[{"title":"Default Title","offer_id":42955740119158,"sku":"9780691134642","price":55.0,"currency_code":"USD","in_stock":true}],"thumbnail_url":"\/\/cdn.shopify.com\/s\/files\/1\/0671\/1374\/6550\/files\/CoreSourceHub_8e3bfcb1-673d-467d-abd0-930818051f30.jpg?v=1767699401"},{"product_id":"political-foundations-of-judicial-supremacy-9780691141022","title":"Political Foundations of Judicial Supremacy","description":"\u003cp\u003eShould the Supreme Court have the last word when it comes to interpreting the Constitution? The justices on the Supreme Court certainly seem to think so--and their critics say that this position threatens democracy. But Keith Whittington argues that the Court's justices have not simply seized power and circumvented politics. The justices have had power thrust upon them--by politicians, for the benefit of politicians. In this sweeping political history of judicial supremacy in America, Whittington shows that presidents and political leaders of all stripes have worked to put the Court on a pedestal and have encouraged its justices to accept the role of ultimate interpreters of the Constitution.\u003cbr\u003e\u003cbr\u003eWhittington examines why presidents have often found judicial supremacy to be in their best interest, why they have rarely assumed responsibility for interpreting the Constitution, and why constitutional leadership has often been passed to the courts. The unprecedented assertiveness of the Rehnquist Court in striking down acts of Congress is only the most recent example of a development that began with the founding generation itself. Presidential bids for constitutional leadership have been rare, but reflect the temporary political advantage in doing so. Far more often, presidents have cooperated in increasing the Court's power and encouraging its activism. Challenging the conventional wisdom that judges have usurped democracy, Whittington shows that judicial supremacy is the product of democratic politics.\u003c\/p\u003e","brand":"Keith E. 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Using a combination of field observations and in-depth, semistructured interviews, she surveys one hundred men and women, some of whom are routine targets of offensive speech, about how such speech affects their lives. Drawing on these interviews as well as an interdisciplinary body of scholarship, Nielsen argues that racist and sexist speech creates, reproduces, and reinforces existing systems of hierarchy in public places. The law works to normalize and justify offensive public interactions, she concludes, offering, in essence, a \"license to harass.\"\u003cbr\u003e\u003cbr\u003e\u003cbr\u003e Nielsen relates the results of her interviews to statistical surveys that measure the impact of offensive speech on the public. Rather than arguing whether law is the appropriate remedy for offensive speech, she allows that the benefits to democracy, to community, and to society of allowing such speech may very well outweigh the burdens imposed. 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Drawing from internal documents, as well as interviews with key conservative figures, \u003ci\u003eThe Rise of the Conservative Legal Movement\u003c\/i\u003e examines this sometimes fitful, and still only partially successful, conservative challenge to liberal domination of the law and American legal institutions.\u003cbr\u003e\u003cbr\u003e\u003cbr\u003e  Unlike accounts that depict the conservatives as fiendishly skilled, \u003ci\u003eThe Rise of the Conservative Legal Movement\u003c\/i\u003e reveals the formidable challenges that conservatives faced in competing with legal liberalism. Steven Teles explores how conservative mobilization was shaped by the legal profession, the legacy of the liberal movement, and the difficulties in matching strategic opportunities with effective organizational responses. He explains how foundations and groups promoting conservative ideas built a network designed to dislodge legal liberalism from American elite institutions. And he portrays the reality, not of a grand strategy masterfully pursued, but of individuals and political entrepreneurs learning from trial and error.\u003cbr\u003e\u003cbr\u003e\u003cbr\u003e  Using previously unavailable materials from the Olin Foundation, Federalist Society, Center for Individual Rights, Institute for Justice, and Law and Economics Center, \u003ci\u003eThe Rise of the Conservative Legal Movement\u003c\/i\u003e provides an unprecedented look at the inner life of the conservative movement. Lawyers, historians, sociologists, political scientists, and activists seeking to learn from the conservative experience in the law will find it compelling reading.\u003c\/p\u003e","brand":"Steven M. 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This is the cut-to-the-chase quality that makes economics not only applicable to the interpretation of law, but beneficial to its crafting.\u003cbr\u003e\u003cbr\u003e\u003cbr\u003e Drawing on numerous commonsense examples, in addition to his extensive knowledge of Chicago-school economics, David D. Friedman offers a spirited defense of the economic view of law. He clarifies the relationship between law and economics in clear prose that is friendly to students, lawyers, and lay readers without sacrificing the intellectual heft of the ideas presented. Friedman is the ideal spokesman for an approach to law that is controversial not because it overturns the conclusions of traditional legal scholars--it can be used to advocate a surprising variety of political positions, including both sides of such contentious issues as capital punishment--but rather because it alters the very nature of their arguments. For example, rather than viewing landlord-tenant law as a matter of favoring landlords over tenants or tenants over landlords, an economic analysis makes clear that a bad law injures both groups in the long run. And unlike traditional legal doctrines, economics offers a unified approach, one that applies the same fundamental ideas to understand and evaluate legal rules in contract, property, crime, tort, and every other category of law, whether in modern day America or other times and places--and systems of non-legal rules, such as social norms, as well.\u003cbr\u003e\u003cbr\u003e\u003cbr\u003e This book will undoubtedly raise the discourse on the increasingly important topic of the economics of law, giving both supporters and critics of the economic perspective a place to organize their ideas.\u003c\/p\u003e","brand":"David D. 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XVIII. The Cult of the Robe. XIX. Precedents and Stability. XX. Codification. XXI. Words and Music: Legislation and Judicial Interpretation. XXII. Constitutions--The Merry-Go-Round. XIII. Legal Reasoning. XXIV. Da Capo. XXV. The Anthropological Approach. XXVI. Natural Law. XXVII. The Psychology of Litigants. XXVIII. The Unblindfolding of Justice. XXIX. Classicism and Romanticism. XXX. Justice and Emotions. XXXI. Questioning Some Legal Axioms. XXXII. Reason and Unreason--Ideals.\u003c\/p\u003e","brand":"Jerome Frank","offers":[{"title":"Default Title","offer_id":42955750670454,"sku":"9780691027555","price":87.0,"currency_code":"USD","in_stock":true}],"thumbnail_url":"\/\/cdn.shopify.com\/s\/files\/1\/0671\/1374\/6550\/files\/CoreSourceHub_34df36f9-0c77-42f7-bff5-06608cf056c0.jpg?v=1767703072"},{"product_id":"beyond-the-formalist-realist-divide-9780691142807","title":"Beyond the Formalist-Realist Divide","description":"\u003cp\u003eAccording to conventional wisdom in American legal culture, the 1870s to 1920s was the age of legal formalism, when judges believed that the law was autonomous and logically ordered, and that they mechanically deduced right answers in cases. In the 1920s and 1930s, the story continues, the legal realists discredited this view by demonstrating that the law is marked by gaps and contradictions, arguing that judges construct legal justifications to support desired outcomes. This often-repeated historical account is virtually taken for granted today, and continues to shape understandings about judging. In this groundbreaking book, esteemed legal theorist Brian Tamanaha thoroughly debunks the formalist-realist divide.\u003cbr\u003e\u003cbr\u003e\u003cbr\u003e Drawing from extensive research into the writings of judges and scholars, Tamanaha shows how, over the past century and a half, jurists have regularly expressed a balanced view of judging that acknowledges the limitations of law and of judges, yet recognizes that judges can and do render rule-bound decisions. He reveals how the story about the formalist age was an invention of politically motivated critics of the courts, and how it has led to significant misunderstandings about legal realism.\u003cbr\u003e\u003cbr\u003e\u003cbr\u003e\u003cbr\u003e \u003ci\u003eBeyond the Formalist-Realist Divide\u003c\/i\u003e traces how this false tale has distorted studies of judging by political scientists and debates among legal theorists. Recovering a balanced realism about judging, this book fundamentally rewrites legal history and offers a fresh perspective for theorists, judges, and practitioners of law.\u003c\/p\u003e","brand":"Brian Z. 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In many countries, though, there is little relationship between international law and the actual protection of human rights on the ground. \u003ci\u003eMaking Human Rights a Reality\u003c\/i\u003e takes a fresh look at why it's been so hard for international law to have much impact in parts of the world where human rights are most at risk.\u003cbr\u003e\u003cbr\u003e\u003cbr\u003e  Emilie Hafner-Burton argues that more progress is possible if human rights promoters work strategically with the group of states that have dedicated resources to human rights protection. These human rights \"stewards\" can focus their resources on places where the tangible benefits to human rights are greatest. Success will require setting priorities as well as engaging local stakeholders such as nongovernmental organizations and national human rights institutions.\u003cbr\u003e\u003cbr\u003e\u003cbr\u003e  To date, promoters of international human rights law have relied too heavily on setting universal goals and procedures and not enough on assessing what actually works and setting priorities. Hafner-Burton illustrates how, with a different strategy, human rights stewards can make international law more effective and also safeguard human rights for more of the world population.\u003c\/p\u003e","brand":"Emilie M. 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Rather, they attempt to solve the problems underlying such criminal behaviors as petty theft, prostitution, and drug offenses. \u003ci\u003eLegal Accents, Legal Borrowing\u003c\/i\u003e is a study of the international problem-solving court movement and the first comparative analysis of the development of these courts in the United States and the other countries where the movement is most advanced: England, Scotland, Ireland, Canada, and Australia. Looking at the various ways in which problem-solving courts have been taken up in these countries, James Nolan finds that while importers often see themselves as adapting the American courts to suit local conditions, they may actually be taking in more aspects of American law and culture than they realize or desire. In the countries that adopt them, problem-solving courts may in fact fundamentally challenge traditional ideas about justice. Based on ethnographic research in all six countries, the book examines these cases of legal borrowing for what they reveal about legal and cultural differences, the inextricable tie between law and culture, the processes of globalization, the unique but contested global role of the United States, and the changing face of law and justice around the world.\u003c\/p\u003e","brand":"James L. Nolan Jr.","offers":[{"title":"Default Title","offer_id":42955755487350,"sku":"9780691150147","price":39.0,"currency_code":"USD","in_stock":true}]},{"product_id":"property-rights-9780691099989","title":"Property Rights","description":"\u003cp\u003eThe institution of property is as old as mankind, and property rights are today deemed vital to a prosperous economic system. Much has been written in the last decade on the economics of the legal institutions protecting such rights. This unprecedented book provides a magnificent introduction to the subject. Terry Anderson and Fred McChesney have gathered twelve leading thinkers to explore how property rights arise, and how they bolster economic development. As the subtitle indicates, the book examines as well how controversies over valuable property rights are resolved: by agreement, by violence, or by law.\u003cbr\u003e\u003cbr\u003e\u003cbr\u003e The essays begin by surveying the approaches to property taken by early political economists and move to colorful applications of property rights theory concerning the Wild West, the Amazon, endangered species, and the broadcast spectrum. These examples illustrate the process of defining and defending property rights, and demonstrate what difference property rights make. The book then considers a number of topics raised by private property rights, analytically complex topics concerning pollution externalities, government taking of property, and land use management policies such as zoning.\u003cbr\u003e\u003cbr\u003e\u003cbr\u003e Overall, the book is intended as an introduction to the economics and law of property rights. It is divided into six parts, with each featuring an introduction by the editors that integrates prior chapters and material in coming chapters. In the end, the book provides a fresh, comprehensive overview of an intriguing subject, accessible to anyone with a minimal background in economics. With chapters written by noted experts on the subject, \u003ci\u003eProperty Rights \u003c\/i\u003e offers the first primer on the subject ever produced. In addition to the editors, the contributors are Louise De Alessi, Yoram Barzel, Harold Demsetz, Thráinn Eggertsson, Richard A. Epstein, William A. Fischel, David D. Haddock, Peter J. Hill, Gary D. Libecap, Dean Lueck, Edwin G. West, and Bruce Yandle.\u003c\/p\u003e","brand":"Terry L. Anderson","offers":[{"title":"Default Title","offer_id":42955757584502,"sku":"9780691099989","price":75.0,"currency_code":"USD","in_stock":true}],"thumbnail_url":"\/\/cdn.shopify.com\/s\/files\/1\/0671\/1374\/6550\/files\/CoreSourceHub_5b3a2ebc-a1b3-4c63-9bfc-2c42cccc370e.jpg?v=1767696697"},{"product_id":"boilerplate-9780691163352","title":"Boilerplate","description":"\u003cp\u003e\u003cb\u003eWhy the increasing use of boilerplate is eroding our rights\u003c\/b\u003e\u003cbr\u003e\u003cbr\u003eBoilerplate—the fine-print terms and conditions that we become subject to when we click \"I agree\" online, rent an apartment, enter an employment contract, sign up for a cellphone carrier, or buy travel tickets—pervades all aspects of our modern lives. On a daily basis, most of us accept boilerplate provisions without realizing that should a dispute arise about a purchased good or service, the nonnegotiable boilerplate terms can deprive us of our right to jury trial and relieve providers of responsibility for harm. \u003ci\u003eBoilerplate\u003c\/i\u003e is the first comprehensive treatment of the problems posed by the increasing use of these terms, demonstrating how their use has degraded traditional notions of consent, agreement, and contract, and sacrificed core rights whose loss threatens the democratic order.\u003cbr\u003e\u003cbr\u003eMargaret Jane Radin examines attempts to justify the use of boilerplate provisions by claiming either that recipients freely consent to them or that economic efficiency demands them, and she finds these justifications wanting. She argues, moreover, that our courts, legislatures, and regulatory agencies have fallen short in their evaluation and oversight of the use of boilerplate clauses. To improve legal evaluation of boilerplate, Radin offers a new analytical framework, one that takes into account the nature of the rights affected, the quality of the recipient's consent, and the extent of the use of these terms. Radin goes on to offer possibilities for new methods of boilerplate evaluation and control, among them the bold suggestion that tort law rather than contract law provides a preferable analysis for some boilerplate schemes. She concludes by discussing positive steps that NGOs, legislators, regulators, courts, and scholars could take to bring about better practices.\u003c\/p\u003e","brand":"Margaret Jane Radin","offers":[{"title":"Default Title","offer_id":42955764465782,"sku":"9780691163352","price":31.0,"currency_code":"USD","in_stock":true}],"thumbnail_url":"\/\/cdn.shopify.com\/s\/files\/1\/0671\/1374\/6550\/files\/CoreSourceHub_98549bc0-d428-44af-8f0e-b2184a56db8c.jpg?v=1767713252"},{"product_id":"changing-properties-of-property-9781845457273","title":"Changing Properties of Property","description":"\u003cp\u003e\n\tAs an important contribution to debates on property theory and the role of law in creating, disputing, defining and refining property rights, this volume provides new theoretical material on property systems, as well as new empirically grounded case studies of the dynamics of property transformations. The property claimants discussed in these papers represent a diverse range of actors, including post-socialist states and their citizens, those receiving restitution for past property losses in Africa, Southeast Asia and in eastern Europe, collectives, corporate and individual actors. The volume thus provides a comprehensive anthropological analysis not only of property structures and ideologies, but also of property (and its politics) in action.\u003c\/p\u003e","brand":"Franz von Benda-Beckmann","offers":[{"title":"Default Title","offer_id":42955768103030,"sku":"9781845457273","price":39.95,"currency_code":"USD","in_stock":true}],"thumbnail_url":"\/\/cdn.shopify.com\/s\/files\/1\/0671\/1374\/6550\/files\/CoreSourceHub_13c45d65-4e59-49c8-bcee-c09ba2f61260.jpg?v=1767714741"},{"product_id":"the-new-deal-lawyers-9780691000824","title":"The New Deal Lawyers","description":"\u003cp\u003eFrom the perspective of young lawyers in three key New Deal agencies, this book traces the path of crucial constitutional test cases during the years from 1933 to 1937.\u003c\/p\u003e","brand":"Peter H. 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First, Bailey and Maltzman document that important legal doctrines, such as respect for precedents, have influenced every justice since 1950. The authors find considerable variation in how these doctrines affect each justice, variation due in part to the differing experiences justices have brought to the bench. Second, Bailey and Maltzman show that justices are constrained by political factors. Justices are not isolated from what happens in the legislative and executive branches, and instead respond in predictable ways to changes in the preferences of Congress and the president.\u003cbr\u003e\u003cbr\u003e\u003cbr\u003e\u003cbr\u003e \u003ci\u003eThe Constrained Court\u003c\/i\u003e shatters the myth that justices are unconstrained actors who pursue their personal policy preferences at all costs. By showing how law and politics interact in the construction of American law, this book sheds new light on the unique role that the Supreme Court plays in the constitutional order.\u003c\/p\u003e","brand":"Michael A. Bailey","offers":[{"title":"Default Title","offer_id":42955788910710,"sku":"9780691151052","price":39.0,"currency_code":"USD","in_stock":true}],"thumbnail_url":"\/\/cdn.shopify.com\/s\/files\/1\/0671\/1374\/6550\/files\/CoreSourceHub_67350822-9602-4c76-b2f6-0ea97da5deaf.jpg?v=1767697979"},{"product_id":"the-politics-of-precedent-on-the-us-supreme-court-9780691136332","title":"The Politics of Precedent on the U.S. Supreme Court","description":"\u003cp\u003e\u003ci\u003eThe Politics of Precedent on the U.S. Supreme Court\u003c\/i\u003e offers an insightful and provocative analysis of the Supreme Court's most important task--shaping the law. Thomas Hansford and James Spriggs analyze a key aspect of legal change: the Court's interpretation or treatment of the precedents it has set in the past. Court decisions do not just resolve immediate disputes; they also set broader precedent. The meaning and scope of a precedent, however, can change significantly as the Court revisits it in future cases. The authors contend that these interpretations are driven by an interaction between policy goals and variations in the legal authoritativeness of precedent. From this premise, they build an explanation of the legal interpretation of precedent that yields novel predictions about the nature and timing of legal change.\u003cbr\u003e\u003cbr\u003e\u003cbr\u003e  Hansford and Spriggs test their hypotheses by examining how the Court has interpreted the precedents it set between 1946 and 1999. This analysis provides compelling support for their argument, and demonstrates that the justices' ideological goals and the role of precedent are inextricably linked. The two prevailing, yet contradictory, views of precedent--that it acts either solely as a constraint, or as a \"cloak\" that never actually influences the Court--are incorrect. This book shows that while precedent can operate as a constraint on the justices' decisions, it also represents an opportunity to foster preferred societal outcomes.\u003c\/p\u003e","brand":"Thomas G. 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Equally, many academics, activists, and intellectuals on the left contend that there is no place for monogamous marriage as a special status defined by law. \u003ci\u003eJust Married\u003c\/i\u003e demonstrates that both sides are wrong: the same principles of democratic justice that demand marriage equality for same-sex couples also lend support to monogamous marriage.\u003cbr\u003e\u003cbr\u003eStephen Macedo displays the groundlessness of arguments against same-sex marriage and defends marriage as a public institution against those who would eliminate its special status or supplant it with private arrangements. Arguing that monogamy reflects and cultivates our most basic democratic values, Macedo opposes the legal recognition of polygamy, but agrees with progressives that public policies should do more to support nontraditional caring and caregiving relationships. Throughout, Macedo explores the meaning of contemporary marriage and the reasons for its fragility and its enduring significance. His defense of reformed marriage against slippery slope alarmists on the right, and radical critics of marriage on the left, vindicates the justice and common sense of the emerging consensus.\u003cbr\u003e\u003cbr\u003eCasting new light on today's debates over the future of marriage, \u003ci\u003eJust Married\u003c\/i\u003e lays the groundwork for a stronger institution.\u003c\/p\u003e","brand":"Stephen Macedo","offers":[{"title":"Default Title","offer_id":42955818631286,"sku":"9780691176338","price":27.95,"currency_code":"USD","in_stock":true}],"thumbnail_url":"\/\/cdn.shopify.com\/s\/files\/1\/0671\/1374\/6550\/files\/CoreSourceHub_5497e775-4f40-42e0-b869-dae0b4447171.jpg?v=1767710903"},{"product_id":"when-the-state-kills-9780691102610","title":"When the State Kills","description":"\u003cp\u003eIs capital punishment just? Does it deter people from murder? What is the risk that we will execute innocent people? These are the usual questions at the heart of the increasingly heated debate about capital punishment in America. In this bold and impassioned book, Austin Sarat seeks to change the terms of that debate. Capital punishment must be stopped, Sarat argues, because it undermines our democratic society.\u003cbr\u003e\u003cbr\u003e\u003cbr\u003e  Sarat unflinchingly exposes us to the realities of state killing. He examines its foundations in ideas about revenge and retribution. He takes us inside the courtroom of a capital trial, interviews jurors and lawyers who make decisions about life and death, and assesses the arguments swirling around Timothy McVeigh and his trial for the bombing in Oklahoma City. Aided by a series of unsettling color photographs, he traces Americans' evolving quest for new methods of execution, and explores the place of capital punishment in popular culture by examining such films as Dead Man Walking, The Last Dance, and The Green Mile.\u003cbr\u003e\u003cbr\u003e\u003cbr\u003e  Sarat argues that state executions, once used by monarchs as symbolic displays of power, gained acceptance among Americans as a sign of the people's sovereignty. Yet today when the state kills, it does so in a bureaucratic procedure hidden from view and for which no one in particular takes responsibility. He uncovers the forces that sustain America's killing culture, including overheated political rhetoric, racial prejudice, and the desire for a world without moral ambiguity. Capital punishment, Sarat shows, ultimately leaves Americans more divided, hostile, indifferent to life's complexities, and much further from solving the nation's ills. 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In doing so, it offers a new understanding of the problematic role that law plays in constructing Americans' relations with the objects they consume.\u003cbr\u003e\u003cbr\u003eThrough lively historical analyses of consumer products and workplace objects ranging from cigarettes to cheeseburgers and computer keyboards to airbags, Lochlann Jain lucidly illustrates the real limits of the product safety laws that seek to redress consumer and worker injury. The book draws from a wide range of materials to demonstrate that American law sets out injury as an exceptional state, one that can be redressed through imperfect systems of monetary compensation. \u003ci\u003eInjury\u003c\/i\u003e demonstrates how laws are unable to accommodate the ways in which physical differences among citizens are imposed by the physical objects of culture that distribute risk differently among populations. The book moves between detailed accounts of individual legal cases; historical analyses of advertising, product design, regulation, and legal history; and a wide reading of cultural theory.\u003cbr\u003e\u003cbr\u003eDrawing on an extensive knowledge of law and social theory, this innovative book will be essential reading for anyone with an interest in design, consumption, and the politics of injury.\u003c\/p\u003e","brand":"Lochlann Jain","offers":[{"title":"Default Title","offer_id":42955827183734,"sku":"9780691119083","price":47.0,"currency_code":"USD","in_stock":true}],"thumbnail_url":"\/\/cdn.shopify.com\/s\/files\/1\/0671\/1374\/6550\/files\/CoreSourceHub_562c43e6-d8ed-47d4-8ebb-040ef6503222.jpg?v=1767715001"},{"product_id":"the-strategic-constitution-9780691096209","title":"The Strategic Constitution","description":"\u003cp\u003eMaking, amending, and interpreting constitutions is a political game that can yield widespread suffering or secure a nation's liberty and prosperity. Given these high stakes, Robert Cooter argues that constitutional theory should trouble itself less with literary analysis and arguments over founders' intentions and focus much more on the real-world consequences of various constitutional provisions and choices. Pooling the best available theories from economics and political science, particularly those developed from game theory, Cooter's economic analysis of constitutions fundamentally recasts a field of growing interest and dramatic international importance.\u003cbr\u003e\u003cbr\u003e\u003cbr\u003e By uncovering the constitutional incentives that influence citizens, politicians, administrators, and judges, Cooter exposes fault lines in alternative forms of democracy: unitary versus federal states, deep administration versus many elections, parliamentary versus presidential systems, unicameral versus bicameral legislatures, common versus civil law, and liberty versus equality rights. Cooter applies an efficiency test to these alternatives, asking how far they satisfy the preferences of citizens for laws and public goods.\u003cbr\u003e\u003cbr\u003e\u003cbr\u003e To answer Cooter contrasts two types of democracy, which he defines as competitive government. The center of the political spectrum defeats the extremes in \"median democracy,\" whereas representatives of all the citizens bargain over laws and public goods in \"bargain democracy.\" Bargaining can realize all the gains from political trades, or bargaining can collapse into an unstable contest of redistribution. States plagued by instability and contests over redistribution should move towards median democracy by increasing transaction costs and reducing the power of the extremes. Specifically, promoting median versus bargain democracy involves promoting winner-take-all elections versus proportional representation, two parties versus multiple parties, referenda versus representative democracy, and special governments versus comprehensive governments.\u003cbr\u003e\u003cbr\u003e\u003cbr\u003e This innovative theory will have ramifications felt across national and disciplinary borders, and will be debated by a large audience, including the growing pool of economists interested in how law and politics shape economic policy, political scientists using game theory or specializing in constitutional law, and academic lawyers. The approach will also garner attention from students of political science, law, and economics, as well as policy makers working in and with new democracies where constitutions are being written and refined.\u003c\/p\u003e","brand":"Robert D. 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According to U.S. Supreme Court Justice Antonin Scalia, a judge like this can maneuver through earlier cases to achieve the desired aim—“distinguishing one prior case on his left, straight-arming another one on his right, high-stepping away from another precedent about to tackle him from the rear, until (bravo!) he reaches the goal—good law.\" But is this common-law mindset, which is appropriate in its place, suitable also in statutory and constitutional interpretation? In a witty and trenchant essay, Justice Scalia answers this question with a resounding negative.\u003cbr\u003e\u003cbr\u003eIn exploring the neglected art of statutory interpretation, Scalia urges that judges resist the temptation to use legislative intention and legislative history. In his view, it is incompatible with democratic government to allow the meaning of a statute to be determined by what the judges think the lawgivers meant rather than by what the legislature actually promulgated. 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