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In 1971, Paul Harris pioneered the modern version of the black rage defense when he successfully defended a young black man charged with armed bank robbery. Dubbed one of the most novel criminal defenses in American history by Vanity Fair, the black rage defense is enormously controversial, frequently dismissed as irresponsible, nothing less than a harbinger of anarchy. Consider the firestorm of protest that resulted when the defense for Colin Ferguson, the gunman who murdered numerous passengers on a New York commuter train, claimed it was considering a black rage defense.
In this thought-provoking book, Harris traces the origins of the black rage defense back through American history, recreating numerous dramatic trials along the way. For example, he recounts in vivid detail how Clarence Darrow, defense attorney in the famous Scopes Monkey trial, first introduced the notion of an environmental hardship defense in 1925 while defending a black family who shot into a drunken white mob that had encircled their home.
Emphasizing that the black rage defense must be enlisted responsibly and selectively, Harris skillfully distinguishes between applying an environmental defense and simply blaming society, in the abstract, for individual crimes. If Ferguson had invoked such a defense, in Harris's words, it would have sent a superficial, wrong-headed, blame-everything-on-racism message. Careful not to succumb to easy generalizations, Harris also addresses the possibilities of a white rage defense and the more recent phenomenon of cultural defenses. He illustrates how a person's environment can, and does, affect his or her life and actions, how even the most rational person can become criminally deranged, when bludgeoned into hopelessness by exploitation, racism, and relentless poverty.
The Puzzle of Judicial Policymaking and Scientific Evidence
Combining political analysis, scientific reasoning, and an in-depth study of specific state supreme court cases, Black Robes, White Coats is an interdisciplinary examination of the tradition of “gatekeeping,” the practice of deciding the admissibility of novel scientific evidence. Rebecca Harris systematically examines judicial policymaking in three areas —forensic DNA, polygraphs, and psychological syndrome evidence.
Antebellum American Fiction and the Phenomenology of Possession
What does it mean to own something? How does a thing become mine? Liberal philosophy since John Locke has championed the salutary effects of private property but has avoided the more difficult questions of property’s ontology. Chad Luck argues that antebellum American literature is obsessed with precisely these questions._x000B__x000B_Reading slave narratives, gothic romances, city-mystery novels, and a range of other property narratives, Luck unearths a wide-ranging literary effort to understand the nature of ownership, the phenomenology of possession. In these antebellum texts, ownership is not an abstract legal form but a lived relation, a dynamic of embodiment emerging within specific cultural spaces—a disputed frontier, a city agitated by class conflict._x000B__x000B_Luck challenges accounts that map property practice along a trajectory of abstraction and “virtualization.” The book also reorients recent Americanist work in emotion and affect by detailing a broader phenomenology of ownership, one extending beyond emotion to such sensory experiences as touch, taste, and vision. This productive blend of phenomenology and history uncovers deep-seated anxieties—and enthusiasms—about property across antebellum culture
Commercial Expression in America
Over the past two decades, corporations and other commercial entities have used strategic litigation to win more expansive First Amendment protections for commercial speech—from the regulation of advertising to the role corporate interests play in the political process, most recently debated in the Supreme Court case of Citizens United v. Federal Election Commission. Tamara R. Piety, a nationally known critic of commercial and corporate speech, argues that such an expansion of First Amendment speech rights imperils public health, safety, and welfare; the reliability of commercial and consumer information; the stability of financial markets; and the global environment. Beginning with an evaluation of commonly evoked philosophical justifications for freedom of expression, Piety determines that, while these are appropriate for the protection of an individual’s rights, they should not be applied too literally to commercial expression because the corporate person is not the moral equivalent of the human person. She then gathers evidence from public relations and marketing, behavioral economics, psychology, and cognitive studies to show how overly permissive extensions of First Amendment protections to commercial expression limit governmental power to address some of the major social, economic, and environmental challenges of our time. “The timeliness of the topic and the provision of original positions are sure to make the book a valuable contribution that should draw much attention.” —Kevin W. Saunders, Michigan State University
Vol. 30 (2013) through current issue
The Bulletin of Medieval Canon Law is dedicated to the history of canon law and, more broadly, the history of the Ius commune. It publishes high-quality peer-reviewed articles that deal with all aspects of church law and jurisprudence in the medieval and early modern periods. The journal, published annually, also provides a select bibliography of recently published essays and books to help scholars easily find the best recent works in their discipline.
Streetlife and Residential Break-ins
Through extensive and candid interviews, the authors of this ground-breaking work have studied burglars' decision-making processes within the context of their streetlife culture. In this volume they present their findings in the areas of motivation, target selection, methods of entering and searching a residence, and methods of selling stolen goods, concluding with a discussion of the theoretical implications of their research.
The United States v. Cosa Nostra
Since Prohibition, the Mafia has captivated the media and, indeed, the American imagination. From Al Capone to John Gotti, organized crime bosses have achieved notoriety as anti- heroes in popular culture. In practice, organized crime grew strong and wealthy by supplying illicit goods and services and by obtaining control over labor unions and key industries.
Despite, or perhaps because of, its power and high profile, Cosa Nostra faced little opposition from law enforcement. Yet, in the last 15 years, the very foundations of the mob have been shaken, its bosses imprisoned, its profits diminished, and its influence badly weakened.
In this vivid and dramatic book, James B. Jacobs, Christopher Panarella, and Jay Worthington document the government's relentless attack on organized crime. The authors present an overview of the forces and events that led in the 1980s to the most successful organized crime control initiatives in American history. Enlisting trial testimony, secretly taped conversations, court documents, and depositions, they document five landmark cases, representing the most important organized crime prosecutions of the modern eraTeamsters Local 560, The Pizza Connection, The Commission, the International Teamsters, and the prosecution of John Gotti.
Essays on Law, Narrative, and the Family
Carol Weisbrod uses a variety of stories to raise important questions about how society, through law, defines relationships in the family. Beginning with a story most familiar from the opera Madame Butterfly, Weisbrod addresses issues such as marriage, divorce, parent-child relations and abuses, and non-marital intimate contact. Each chapter works with fiction or narratives inspired by biography or myth, ranging from the Book of Esther to the stories of Kafka. Weisbrod frames the book with running commentary on variations of the Madame Butterfly story, showing the ways in which fiction better expresses the complexities of intimate lives than does the language of the law. Butterfly, the Bride looks at law from the outside, using narrative to provide a fresh perspective on the issues of law and social structure---and individual responses to law. This book thoroughly explores relationships between inner and public lives by examining what is ordinarily classified as the sphere of private life---the world of family relationships. Carol Weisbrod is Ellen Ash Peters Professor of Law at the University of Connecticut. Her other books include The Boundaries of Utopia and Emblems of Pluralism.