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Canadian Journal of Law and Society

Vol. 20 (2005) through current issue

Canadian Journal of Law and Society / Revue canadienne droit et société seeks to promote and publish original research on law and normative orders understood as social phenomena. The Journal is interdisciplinary in scope, calling for a variety of perspectives and methods.

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Canadian Journal of Women and the Law

Vol. 17 (2005) through current issue

Launched in 1985, the Canadian Journal of Women and the Law/Revue Femmes et Droit is the only Canadian periodical devoted entirely to the publication and dissemination of multi-disciplinary scholarship in the expanding field of women's legal studies. The CJWL is incorporated as a non-profit organization with charitable status. The CJWL's readership includes lawyers, judges, law students, academics, government officials and others interested in women's equality. The CJWL's mandate is to provide an outlet for those wishing to explore the impact of law on women's social, economic and legal status, and on the general conditions of their lives.

The Journal promotes the expansion of women's legal scholarship into new areas of research and study, and it aims to increase the volume and improve the accessibility of legal scholarship by Canadian women, on specifically Canadian topics. Finally, the CJWL seeks to provide an important tool for activists, academics and others engaged in research and law reform efforts on behalf of women.

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Captive Nation

Black Prison Organizing in the Civil Rights Era

Dan Berger

In this pathbreaking book, Berger offers a bold reconsideration of twentieth century black activism, the prison system, and the origins of mass incarceration. Showing that the prison was a central focus of the black radical imagination from the 1950s through the 1980s, Berger traces the dynamic and dramatic history of this political struggle.

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The Case Against Punishment

Retribution, Crime Prevention, and the Law

Deirdre Golash

What ends do we expect and hope to serve in punishing criminal wrongdoers? Does the punishment of offenders do more harm than good for American society? In The Case against Punishment, Deirdre Golash addresses these and other questions about the value of punishment in contemporary society.

Drawing on both empirical evidence and philosophical literature, this book argues that the harm done by punishing criminal offenders is ultimately morally unjustified. Asserting that punishment inflicts both intended and unintended harms on offenders, Golash suggests that crime can be reduced by addressing social problems correlated with high crime rates, such as income inequality and local social disorganization. Punishment may reduce crime, but in so doing, causes a comparable amount of harm to offenders. Instead, Golash suggests, we should address criminal acts through trial, conviction, and compensation to the victim, while also providing the criminal with the opportunity to reconcile with society through morally good action rather than punishment.

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The Case for Big Government

Jeff Madrick

Political conservatives have long believed that the best government is a small government. But if this were true, noted economist Jeff Madrick argues, the nation would not be experiencing stagnant wages, rising health care costs, increasing unemployment, and concentrations of wealth for a narrow elite. In this perceptive and eye-opening book, Madrick proves that an engaged government--a big government of high taxes and wise regulations--is necessary for the social and economic answers that Americans desperately need in changing times. He shows that the big governments of past eras fostered greatness and prosperity, while weak, laissez-faire governments marked periods of corruption and exploitation. The Case for Big Government considers whether the government can adjust its current policies and set the country right.

Madrick explains why politics and economics should go hand in hand; why America benefits when the government actively nourishes economic growth; and why America must reject free market orthodoxy and adopt ambitious government-centered programs. He looks critically at today's politicians--at Republicans seeking to revive nineteenth-century principles, and at Democrats who are abandoning the pioneering efforts of the Great Society. Madrick paints a devastating portrait of the nation's declining social opportunities and how the economy has failed its workers. He looks critically at today's politicians and demonstrates that the government must correct itself to address these serious issues.

A practical call to arms, The Case for Big Government asks for innovation, experimentation, and a willingness to fail. The book sets aside ideology and proposes bold steps to ensure the nation's vitality.

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The Case for the Prosecution in the Ciceronian Era

Michael C. Alexander

Much of the modern world's knowledge of criminal court trials in the Late Roman Republic derives from the orations of Cicero. His eleven court trial speeches have provided information about the trials and the practices of the time period. Records of the prosecution's case are lost; these speeches, our only transcripts of the time, were delivered by the defense. The Case for the Prosecution in the Ciceronian Era attempts to restore the judicial balance by depicting the lost side of the trial. Guided by Cicero's argument, Michael C. Alexander recreates the prosecution's case against the defendants in the trials. Organized into eleven chapters, each detailing one trial, the core of the work discusses the different dimensions of each trial, the circumstances surrounding the cases, those involved, the legal charges and allegations made by the prosecution, the ways in which the prosecution might have countered Cicero's rebuttal and the outcome. There is also a discussion concerning particular problems the prosecution may have faced in preparing for the trial. This book reveals strong points in favor of the prosecution; justifies the hope of the prosecutor, a private citizen who had volunteered to undertake the case; and asks why the prosecutors believed they would come out victorious, and why they eventually failed. The Case for the Prosecution in the Ciceronian Era draws on ancient rhetorical theory and on Roman law to shed light on these events. It will interest historians and classicists interested in Ciceronian oratory and those intrigued by legal history. Michael C. Alexander is Associate Professor of History, University of Illinois, Chicago.

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The Case of the Piglet’s Paternity

Trials from the New Haven Colony, 1639–1663

Jon C. Blue

In the middle of the seventeenth century, judges in the short-lived New Haven Colony presided over a remarkable series of trials ranging from murder and bestiality, to drunken sailors, frisky couples, faulty shoes, and shipwrecks. The cases were reported in an unusually vivid manner, allowing readers to witness the twists and turns of fortune as the participants battled with life and liberty at stake. When the records were eventually published in the 1850s, they were both difficult to read and heavily edited to delete sexual matters. Rendered here in modernized English and with insightful commentary by eminent Judge Jon C. Blue, the New Haven trials allow readers to immerse themselves in the exciting legal battles of America’s earliest days.

The Case of the Piglet’s Paternity assembles thirty-three of the most significant and intriguing trials of the period. As a book that examines a distinctive judicial system from a modern legal perspective, it is sure to be of interest to readers in law and legal history. For less litigious readers, Blue offers a worm’s eye view of the full spectrum of early colonial society—political leaders and religious dissidents, farmhands and apprentices, women and children.

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The Case That Never Dies

The Lindbergh Kidnapping

Lloyd C. Gardner

The Case That Never Dies places the Lindbergh kidnapping, investigation, and trial in the context of the Depression, when many feared the country was on the edge of anarchy. Gardner delves deeply into the aspects of the case that remain confusing to this day, including Lindbergh’s dealings with crime baron Owney Madden, Al Capone’s New York counterpart, as well as the inexplicable exploits of John Condon, a retired schoolteacher who became the prosecution’s best witness. The initial investigation was hampered by Colonel Lindbergh, who insisted that the police not attempt to find the perpetrator because he feared the investigation would endanger his son’s life. He relented only when the child was found dead.

After two years of fruitless searching, Bruno Richard Hauptmann, a German immigrant, was discovered to have some of the ransom money in his possession. Hauptmann was arrested, tried, and sentenced to death. Throughout  the book, Gardner pays special attention to the evidence of the case and how it was used and misused in the trial. Whether Hauptmann was guilty or not, Gardner concludes that there was insufficient evidence to convict him of first-degree murder.

Set in historical context, the book offers not only a compelling read, but a powerful vantage point from which to observe the United States in the 1930s as well as contemporary arguments over capital punishment.

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A Casebook on the Law of Succession

This text broadly and comprehensively covers the area of law of succession in Kenya. It exposes the substantive succession legal regime applying in Kenya as well as the Kenyan probate practice. It is tailored specifically for the legal practitioner, the Magistrate and Judge and the law student William Musyoka holds L.L.B and LL.M degrees from the University of Nairobi. He is an Advocate of the High Court of Kenya and a law lecturer. He has taught the law of succession at the Kenya School of Law and is currently teaching the subject at the School of Law, University of Nairobi.

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Catalonia's Advocates

Lawyers, Society, and Politics in Barcelona, 1759-1900

Stephen Jacobson

Offering a window into the history of the modern legal profession in Western Europe, Stephen Jacobson presents a history of lawyers in the most industrialized city on the Mediterranean. Far from being mere curators of static law, Barcelona's lawyers were at the center of social conflict and political and economic change, mediating between state, family, and society.

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