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The Accommodation of Conflicting Rights
Demands for "autonomy" or minority rights have given rise to conflicts, often violent, in every region of the world and under every political system. Through an analysis of contemporary international legal norms and an examination of several specific case studies—including Hong Kong, India, the transnational problems of the Kurds and Saamis, Nicaragua, Northern Ireland, Spain, Sri Lanka, and the Sudan—this book identifies a framework in which ethnic, religious, and regional conflicts can be addressed.
Suing the Beatles for Fun and Profit
The Beatles, the most popular, influential, and important band of all time, have been the subject of countless books of biography, photography, analysis, history, and conjecture. But this long and winding road has produced nothing like Baby You’re a Rich Man, the first book devoted to the cascade of legal actions engulfing the band, from the earliest days of the loveable mop-heads to their present prickly twilight of cultural sainthood.
Part Beatles history, part legal thriller, Baby You’re a Rich Man begins in the era when manager Brian Epstein opened the Pandora’s box of rock ’n’ roll merchandising, making a hash of the band’s licensing and inviting multiple lawsuits in the United States and the United Kingdom. The band’s long breakup period, from 1969 to 1971, provides a backdrop to the Machiavellian grasping of new manager Allen Klein, who unleashed a blizzard of suits and legal motions to take control of the band, their music, and Apple Records. Unsavory mob associate Morris Levy first sued John Lennon for copyright infringement over “Come Together,” then sued him again for not making a record for him. Phil Spector, hired to record a Lennon solo album, walked off with the master tapes and held them for a king’s ransom. And from 1972 to 1975, Lennon was the target of a deportation campaign personally spearheaded by key aides of President Nixon (caught on tape with a drug-addled Elvis Presley) that wound endlessly through the courts.
In Baby You’re a Rich Man, Stan Soocher ties the Beatles’ ongoing legal troubles to some of their most enduring songs. What emerges is a stirring portrait of immense creative talent thriving under the pressures of ill will, harassment, and greed.
Praise for They Fought the Law: Rock Music Goes to Court
“Stan Soocher not only ably translates the legalese but makes both the plaintiffs and defendants engrossingly human. Mandatory reading for every artist who tends to skip his contract’s fine print.”—Entertainment Weekly
Reinterpreting Disability Rights
For civil rights lawyers who toiled through the 1980s in the increasingly barren fields of race and sex discrimination law, the approval of the Americans with Disabilities Act in 1990 by a nearly unanimous U.S. House and Senate and a Republican President seemed almost fantastic. Within five years of the Act's effective date, however, observers were warning of an unfolding assault on the ADA by federal judges, the media, and other national opinion-makers. A year after the Supreme Court issued a trio of decisions in the summer of 1999 sharply limiting the ADA's reach, another decision invalidated an entire title of the act as it applied to the states. By this time, disability activists and disability rights lawyers were speaking openly of a backlash against the ADA. What happened, why did it happen, and what can we learn from the patterns of public, media, and judicial response to the ADA that emerged in the 1990s? In this book, a distinguished group of disability activists, disability rights lawyers, social scientists and humanities scholars grapple with these questions. Taken together, these essays construct and illustrate a new and powerful theoretical model of sociolegal change and retrenchment that can inform both the conceptual and theoretical work of scholars and the day-to-day practice of social justice activists. Contributors include Lennard J. Davis, Matthew Diller, Harlan Hahn, Linda Hamilton Krieger, Vicki A. Laden, Stephen L. Percy, Marta Russell, and Gregory Schwartz. Backlash Against the ADA will interest disability rights activists, lawyers, law students and legal scholars interested in social justice and social change movements, and students and scholars in disability studies, political science, media studies, American studies, social movement theory, and legal history. Linda Hamilton Krieger is Professor of Law, University of California School of Law, Berkeley.
Public Schools in the Making of Black Masculinity
Statistics show that black males are disproportionately getting in trouble and being suspended from the nation's school systems. Based on three years of participant observation research at an elementary school, Bad Boys offers a richly textured account of daily interactions between teachers and students to understand this serious problem. Ann Arnett Ferguson demonstrates how a group of eleven- and twelve-year-old males are identified by school personnel as "bound for jail" and how the youth construct a sense of self under such adverse circumstances. The author focuses on the perspective and voices of pre-adolescent African American boys. How does it feel to be labeled "unsalvageable" by your teacher? How does one endure school when the educators predict one's future as "a jail cell with your name on it?" Through interviews and participation with these youth in classrooms, playgrounds, movie theaters, and video arcades, the author explores what "getting into trouble" means for the boys themselves. She argues that rather than simply internalizing these labels, the boys look critically at schooling as they dispute and evaluate the meaning and motivation behind the labels that have been attached to them. Supplementing the perspectives of the boys with interviews with teachers, principals, truant officers, and relatives of the students, the author constructs a disturbing picture of how educators' beliefs in a "natural difference" of black children and the "criminal inclination" of black males shapes decisions that disproportionately single out black males as being "at risk" for failure and punishment. Bad Boys is a powerful challenge to prevailing views on the problem of black males in our schools today. It will be of interest to educators, parents, and youth, and to all professionals and students in the fields of African-American studies, childhood studies, gender studies, juvenile studies, social work, and sociology, as well as anyone who is concerned about the way our schools are shaping the next generation of African American boys. Anne Arnett Ferguson is Assistant Professor of Afro-American Studies and Women's Studies, Smith College.
The Origin of Baseball's Antitrust Exemption
The controversial 1922 Federal Baseball Supreme Court ruling held that the "business of base ball" was not subject to the Sherman Antitrust Act because it did not constitute interstate commerce. In Baseball on Trial, legal scholar Nathaniel Grow defies conventional wisdom to explain why the unanimous Supreme Court opinion authored by Justice Oliver Wendell Holmes, which gave rise to Major League Baseball's exemption from antitrust law, was correct given the circumstances of the time.Currently a billion dollar enterprise, professional baseball teams crisscross the country while the games are broadcast via radio, television, and internet coast to coast. The sheer scope of this activity would seem to embody the phrase "interstate commerce." Yet baseball is the only professional sport--indeed the sole industry--in the United States that currently benefits from a judicially constructed antitrust immunity. How could this be?Drawing upon recently released documents from the National Baseball Hall of Fame, Grow analyzes how the Supreme Court reached this seemingly peculiar result by tracing the Federal Baseball litigation from its roots in 1914 to its resolution in 1922, in the process uncovering significant new details about the proceedings. Grow observes that while interstate commerce was measured at the time by the exchange of tangible goods, baseball teams in the 1910s merely provided live entertainment to their fans, while radio was a fledgling technology that had little impact on the sport. The book ultimately concludes that, despite the frequent criticism of the opinion, the Supreme Court's decision was consistent with the conditions and legal climate of the early twentieth century.
The Unintended Consequences of the Hague Child Abduction Convention
An eyeopening appraisal of how current Hague Child Abduction Convention agreements unintentionally harm abused women and their children
Judge Benjamin Barr Lindsey's exposé of big business's influence on Colorado and Denver politics caused a sensation when serialized in Everybody's Magazine 1909-1910. When published as a book later in 1910, The Beast was considered every bit the equal of Upton Sinclair's The Jungle. Now back in print, the book reveals the plight of working-class Denver citizens - in particular, those Denver youths who ended up in Lindsey's court day after day. These encounters led him to create Denver's Juvenile Court, one of the first courts in the country set up to deal specifically with young delinquents. In addition, Lindsey exposes the darker sides of many well-known figures in Colorado history, including Mayor Robert W. Speer, industrialist and Senator Simon Guggenheim, and Denver tramway czar William Gray Evans. More than just a fascinating slice of Denver history, this book - and Lindsey's court - inspired widespread social change in the United States.
Toward a History of Expropriation of Land for the Common Good
Opening with allusions to a few suggestive examples from non-European societies and ancient Greece and Rome, the book concentrates on western Europe and the English colonies in America. As Reynolds argues, expropriation was a common legal practice in many societies in which individuals had rights to land. It was generally accepted that land could be taken from them, with compensation, when the community, however defined, needed it. She demonstrates that land has been taken, with compensation, for what has been perceived to be the public good at least since the early Middle Ages in England, France, Germany, Italy, and Spain, and since the seventeenth century in America.
A Guide for Families and Friends of Texas Prison Inmates
Texas holds one in every nine U.S. inmates. Behind the Walls is a detailed description of one of the world's largest prison systems by a long-time convict trained as an observer and reporter. It spotlights the day-to-day workings of the Texas Department of Criminal Justice-what's good, what's bad, which programs work and which ones do not, and examines if practice really follows official policy. Written to inform about the processes, services, activities, issues, and problems of being incarcerated, this book is invaluable to anyone who has a relative or friend incarcerated in Texas, or for those who want to understand how prisoners live, eat, work, play, and die in a contemporary U.S. prison. Containing a short history of Texas prisons and advice on how to help inmates get out and stay out of prison, this book is the only one of its kind-written by a convict still incarcerated and dedicated to dispelling the ignorance and fear that shroud Texas prisons. Renaud discusses living quarters, food, and clothing, along with how prisoners handle money, mail, visits, and phone calls. He explores the issues of drugs, racism, gangs, and violence as well as what an inmate can learn about his parole, custody levels, and how to handle emergencies. What opportunities are available for education? What is the official policy for discipline? What is a lockdown? These questions and many others are answered in this one-of-a-kind guide.
Reflections on Urban Segregation, the Courts, and Equal Opportunity
A compelling insider's account of the fight for educational desegregation, from one of its most dedicated and outspoken heroes. A new afterword explains the author's controversial belief that the moment for litigating educational equality has passed, clear-sightedly critiquing his own courtroom strategies and the courts' responses, before closing with an assessment of the economic and social changes that he feels have already moved us "beyond busing." "An extraordinarily informative and thoughtful book describing the process of bringing Brown [v. Board of Education] North and the impact this process had upon national attitudes toward desegregation." --Drew S. Days III, Yale Law Journal "An original analysis of a tough subject. A must-read for all who care about opportunity for all our children." --Donna E. Shalala, President, University of Miami "Paul Dimond remains a passionate and caring voice for inner-city students, whether in his advocacy of school desegregation, school choice plans, or school finance reform. He illuminates these issues as one who participated in the major education cases and as a perceptive scholar." --Mark Yudof, Chancellor, The University of Texas System "A must-read for anyone who wants to understand America's continued failure to give inner-city children a quality education or to do something about it!" --Sheryll Cashin, Author of The Failures of Integration: How Race and Class Are Undermining the American Dream "Dimond is particularly good at relating his slice of legal history to the broader developments of the 1970s, and his occasional remarks about trial tactics are amusing and instructive. Dimond's honesty about both his successes and failures makes his book required reading for civil rights lawyers." --Lawrence T. Gresser, Michigan Law Review "A fascinating first-hand account of 1970s northern school desegregation decisions." --Neal E. Devins, American Bar Foundation Research Journal "Dimond reminds the liberal reader of the promise that lies in the empowerment of ordinary families to choose their own schools." --John E. Coons, Professor of Law, Emeritus, University of California, Berkeley Paul R. Dimond is counsel to Miller, Canfield, Paddock and Stone, Michigan's largest law firm; chairman of McKinley, a national commercial real estate investment and management firm; and chairman or member of the board of trustees of numerous education, community, and civic organizations. He spent four years as President Clinton's Special Assistant for Economic Policy.