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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
Memory, Law, and Repair
Violence 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?
Breaking the Cycles of Hatred 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.
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.
In Brennan and Democracy, a leading thinker in U.S. constitutional law offers some powerful reflections on the idea of "constitutional democracy," a concept in which many have seen the makings of paradox. Here Frank Michelman explores the apparently conflicting commitments of a democratic governmental system where key aspects of such important social issues as affirmative action, campaign finance reform, and abortion rights are settled not by a legislative vote but by the decisions of unelected judges. Can we--or should we--embrace the values of democracy together with constitutionalism, judicial supervision, and the rule of law? To answer this question, Michelman calls into service the judicial career of Supreme Court Justice William Brennan, the country's model "activist" judge for the past forty years. Michelman draws on Brennan's record and writings to suggest how the Justice himself might have understood the judiciary's role in the simultaneous promotion of both democratic and constitutional government.
The first chapter prompts us to reflect on how tough and delicate an act it is for the members of a society to attempt living together as a people devoted to self-government. The second chapter seeks to renew our appreciation for democratic liberal political ideals, and includes an extensive treatment of Brennan's judicial opinions, which places them in relation to opposing communitarian and libertarian positions. Michelman also draws on the views of two other prominent constitutional theorists, Robert Post and Ronald Dworkin, to build a provocative discussion of whether democracy is best conceived as a "procedural" or a "substantive" ideal.
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.