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Law and Economics: Theory, Cases, and Other Materials
J. Shahar Dillbary and William M. Landes
Law and Economics: Theory, Cases, and Other Materials is a comprehensive introduction to the subject area of law and economics, with stimulating in depth discussion of actual case law by two leading scholars in the field. It provides a clear description of the key points of law and economics across various substantive areas of law, combining the traditional approach to the study of law and economics with new important insights from behavioral economics and competing theories. Importantly, Law and Economics artfully introduces and connects theory to practice to provide a coherent picture rather than a patch-like studying experience. Using detailed case-notes, comments and examples, Law and Economics explains why future lawyers should care about economic analysis of the law and how economics can and should play a role in litigation and conflict resolution. This important new casebook not only makes law and economics accessible to students but also indubitably establishes the importance of law and economics in a globalized world.
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The Oxford Handbook of Prosecutors and Prosecution
Russell M. Gold, Ronald F. Wright, and Kay L. Levine
The power of the modern prosecutor arises from several features of the criminal justice landscape: widespread use of law and order political rhetoric and heightened fear of crime among voters; legislatures' embrace of extreme sentencing ranges to respond to such concerns; and the uncertain or limited accountability of prosecutors to the electorate, the bar, or other political and professional constituencies. The convergence of these trends has transformed prosecution into an indispensable field of study.
This volume brings together the work of leading international scholars across criminology, sociology, political science, and law - along with contributions from reform-minded practitioners - to examine a variety of issues in prosecutorial behaviour and the institutional structures that frame their behavior.
The Handbook connects the dots among existing theoretical and empirical research related to prosecutors. Major sections of the volume cover (1) prosecutor performance during distinct phases of a criminal case, (2) the features of the prosecutor's environment, both inside the office and external to the office, that influence the choices of individual prosecutors and office leaders, and (3) prosecutorial strategies and priorities when dealing with specialized types of crimes, victims, and defendants. Taken together, the chapters in this volume identify the founding texts, discuss leading theoretical and methodological approaches, explain the scope of unresolved issues, and preview where this field is headed. The volume provides a bottom-up view of an important new scholarly field. -
Beyond the Algorithm Qualitative Insights for Gig Work Regulation
Deepa Das Acevedo
In Beyond the Algorithm: Qualitative Insights for Gig Work Regulation, Deepa Das Acevedo and a collection of scholars and experts show why government actors must go beyond mass surveys and data-scrubbing in order to truly understand the realities of gig work. The contributors draw on qualitative empirical research to reveal the narratives and real-life experiences that define gig work, and they connect these insights to policy debates being fought out in courts, town halls, and even in Congress itself. The book also bridges academic and non-academic worlds by drawing on the experiences of drivers, journalists, and workers' advocates who were among the first people to study gig work from the bottom up. This book is a must-read for anyone interested in gig work, the legal infrastructure surrounding it, and how that infrastructure can and must be improved.
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Weapon of Choice: Fighting Gun Violence While Respecting Gun Rights
Fredrick E. Vars and Ian Ayres
Efforts to reduce gun violence in the United States face formidable political and constitutional barriers. Legislation that would ban or broadly restrict firearms runs afoul of the Supreme Court’s current interpretation of the Second Amendment. And gun rights advocates have joined a politically savvy firearms industry in a powerful coalition that stymies reform.
Ian Ayres and Fredrick Vars suggest a new way forward. We can decrease the number of gun deaths, they argue, by empowering individual citizens to choose common-sense gun reforms for themselves. Rather than ask politicians to impose one-size-fits-all rules, we can harness a libertarian approach—one that respects and expands individual freedom and personal choice—to combat the scourge of gun violence.
Ayres and Vars identify ten policies that can be immediately adopted at the state level to reduce the number of gun-related deaths without affecting the rights of gun owners. For example, Donna’s Law, a voluntary program whereby individuals can choose to restrict their ability to purchase or possess firearms, can significantly decrease suicide rates. Amending red flag statutes, which allow judges to restrict access to guns when an individual has shown evidence of dangerousness, can give police flexible and effective tools to keep people safe. Encouraging the use of unlawful possession petitions can help communities remove guns from more than a million Americans who are legally disqualified from owning them. By embracing these and other new forms of decentralized gun control, the United States can move past partisan gridlock and save lives now.
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Failed revolutions: social reform and the limits of legal imagination
Richard Delgado and Jean Stefancic
Forty years after school integration became the law of the land, African-American poverty, isolation, and despair are as deep as ever. Thirty years after the environmental revolution of the 1960s, our environment continues to deteriorate. Why have these and so many other hopeful revolutions failed? Focusing on the crucial discipline of the law.
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The Disappearing First Amendment
Ronald J. Krotoszynski Jr.
The standard account of the First Amendment presupposes that the Supreme Court has consistently expanded the scope of free speech rights over time. This account holds true in some areas, but not in others. In this illuminating work, Ronald J. Krotoszynski, Jr acknowledges that the contemporary Supreme Court rigorously enforces the rules against content and viewpoint discrimination for those who possess the wherewithal to speak but when citizens need the government's assistance to speak - for example, access to public property for protest - free speech rights have declined. Instead of using open-ended balancing tests, the Roberts and Rehnquist Courts have opted for bright line, categorical rules that minimize judicial discretion. Opportunities for democratic engagement could be enhanced, however, if the federal courts returned to the Warren Court's balancing approach and vested federal judges with discretionary authority to require government to assist would-be speakers. This book should be read by anyone concerned with free speech and its place in democratic self-government.
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Must we defend Nazis? Why the First Amendment Should Not Protect Hate Speech and White Supremacy
Richard Delgado and Jean Stefancic
Swirling in the midst of the resurgence of neo-Nazi demonstrations, hate speech, and acts of domestic terrorism are uncomfortable questions about the limits of free speech. The United States stands apart from many other countries in that citizens have the power to say virtually anything without legal repercussions. But, in the case of white supremacy, does the First Amendment demand that we defend Nazis? In Must We Defend Nazis?, legal experts Richard Delgado and Jean Stefancic argue that it should not. Updated to consider the white supremacy demonstrations and counter-protests in Charlottesville and debates about hate speech on campus and on the internet, the book offers a concise argument against total, unchecked freedom of speech. Delgado and Stefancic instead call for a system of free speech that takes into account the harms that hate speech can inflict upon disempowered, marginalized people. They examine the prevailing arguments against regulating speech, and show that they all have answers. They also show how limiting free speech would work in a legal framework and offer suggestions for activist lawyers and judges interested in approaching the hate speech controversy intelligently. As citizens are confronting free speech in contention with equal dignity, access, and respect, Must We Defend Nazis? puts aside clichés that clutter First Amendment thinking, and presents a nuanced position that recognizes the needs of our increasingly diverse society.
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Patent law essentials: a concise guide
Alan L. Durham
This essential desk reference for patent attorneys, engineers, entrepreneurs, innovators, development professionals, and students has been updated with the latest court cases and legislation. In a world in which businesses thrive on innovation, it is more important than ever to understand the sometimes arcane rules through which human ingenuity becomes intellectual property. Although many reference works on patent law exist, they are written for specialists. Through clear writing, specific examples, and focus on the fundamentals, Patent Law Essentials: A Concise Guide makes the basic rules of patent law accessible to businesspeople, engineers, students, and others who need to understand the rules of a notoriously complicated game. Patent Law Essentials begins with an overview of patent law and other aspects of intellectual property and then guides the reader through an example of an actual patent―one literally claiming "a better mousetrap." The chapters that follow discuss the types of inventions that can be patented (recently a subject of much dispute), the process of applying for a patent, the requirements of a valid patent, and the procedures for determining if a patent has been infringed upon. The appendix includes several examples of actual U.S. patents, including the mousetrap patent discussed in detail in the early chapters. • Makes patent law accessible to both novice and expert practitioners • Discusses a number of recent landmark Supreme Court decisions, including Alice Corp. v. CLS Bank (2014), discussing when software-implemented business methods are unpatentable as abstract ideas; Commil v. Cisco Systems (2015), on the intent required to induce infringement; and Samsung Electronics v. Apple (2016), addressing the award of the infringer's profits from infringement of a design patent • Contains sample utility and design patents for reference • Walks readers through the many parts of a patent
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Thriving in the legal profession: three pillars of success
Pamela Bucy Pierson, Kenneth Minturn, and Adolph Philip Reich
Based on a successful law school course, Thriving in the Legal Profession is designed for use as a course book, as a supplement in ongoing related courses such as legal professions or law office practice, and as a resource for law school auxiliary programs such as Career Services, Student Support, and Financial Aid and Counseling. Law students and lawyers are encouraged to base their careers on “Three Pillars of Success”: 1. Economics―Understanding the changing economics of the legal marketplace and what these changes mean for lawyers: Technology and its impact on the delivery of legal services Being competitive in today’s legal market Advantages and disadvantages of public interest and government employment vis à vis private practice 2. Finance―Mastering the strategies for personal financial success: Financial implications of various career paths Repaying educational loans Savings and retirement 3. Emotional Intelligence―Building the EQ skills needed by every lawyer: Happiness and effectiveness at work Managing Stress Maintaining resilience in the face of hardship
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Critical race theory: an introduction
Richard Delgado and Jean Stefancic
Since the publication of the first edition of Critical Race Theory in 2001, the United States has lived through two economic downturns, an outbreak of terrorism, and the onset of an epidemic of hate directed against immigrants, especially undocumented Latinos and Middle Eastern people. On a more hopeful note, the country elected and re-elected its first black president and has witnessed the impressive advance of gay rights. As a field, critical race theory has taken note of all these developments, and this primer does so as well. It not only covers a range of emerging new topics and events, it also addresses the rise of a fierce wave of criticism from right-wing websites, think tanks, and foundations, some of which insist that America is now colorblind and has little use for racial analysis and study. Critical Race Theory is essential for understanding developments in this burgeoning field, which has spread to other disciplines and countries. The new edition also covers the ways in which other societies and disciplines adapt its teachings and, for readers wanting to advance a progressive race agenda, includes new questions for discussion, aimed at outlining practical steps to achieve this objective.
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The First Amendment: cases and theory
Ronald J. Krotoszynski Jr., Christina Wells, Lyrissa Barnett Lidsky, and Caroline Mala Corbin
A comprehensive, up-to-date, and accessible text, The First Amendment: Cases and Theory, Third Edition, uses the case method to elucidate theory and doctrine. In an area rife with with multi-factor tests, mastery of First Amendment theory and doctrine requires more than rote memorization of three and four part tests; it requires a firm foundation in the underlying theories and purposes that animate the Supreme Court’s decisions. No less important, the casebook also includes Theory Applied Problems at the end of each major section. These Theory Applied Problems provide an easy and convenient means to assess students’ mastery of the relevant theories and precedents. Because the Supreme Court’s First Amendment jurisprudence has been a work in progress for many decades, the editors present the cases and doctrinal developments in historical context, thereby showcasing the Supreme Court’s evolving tests, standards, and approaches. The editors also have included carefully targeted coverage of how other constitutional democracies, such as Canada and Germany, have reached very different conclusions regarding the scope and meaning of expressive freedom. In an increasingly globalized marketplace of ideas, U.S. students need to have some appreciation of the idiosyncratic nature of U.S. free speech law and the degree to which the U.S.’s highly speech-protective legal metrics have failed to gain widespread acceptance in the larger world. All major contemporary free speech controversies receive coverage. Key Completely revised and updated coverage to 2017 – including coverage of the Supreme Court’s major First Amendment decisions since publication of the Second Edition Completely revised and updated coverage to 2017 – including coverage of the Supreme Court’s major First Amendment decisions since publication of the Second Edition Comprehensive coverage of contemporary major free speech and religious freedom controversies that are likely to generate future landmark Supreme Court precedents in the years to come Suitable for adoption in comprehensive First Amendment survey courses and also for more narrowly focused courses on only the Speech, Press, and Assembly Clauses or the Religion Clauses Includes the participation of Carolina Mala Corbin, a noted expert on the Religion Clauses and government speech, as a new casebook co-author Covers cutting edge free speech controversies such as sexting, revenge porn, racist trademarks, government speech, and student speech rights in the age of the internet Includes up-to-date coverage of the growing conflicts over religious exemptions to public accommodation laws Completely re-organized and updated coverage of the Religion Clauses, including dedicated coverage of RFRA and state mini-RFRAs Places doctrinal developments into a coherent historical narrative that shows the evolving nature of First Amendment doctrine Includes targeted coverage of free speech rules in foreign jurisdictions that have considered, but rejected, the U.S. approach in important areas such as libel, hate speech, national security, and sexually-explicit speech
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Iran's nuclear program and international law: from confrontation to accord
Daniel H. Joyner
This book provides an international legal analysis of the most important questions regarding Iran's nuclear program since 2002. Setting these legal questions in their historical and diplomatic context, this book aims to clarify how the relevant sources of international law - including primarily the 1968 Nuclear Non-proliferation Treaty and IAEA treaty law - should be properly applied in the context of the Iran case. It provides an instructional case study of the application of these sources of international law, the lessons which can be applied to inform both the on-going legal and diplomatic dynamics surrounding the Iran nuclear dispute itself, as well as similar future cases. Some questions raised regard the watershed diplomatic accord reached between Iran and Western states in July, 2015, known as the Joint Comprehensive Program of Action. The answers will be of interests to diplomats and academics, as well as to anyone who is interested in understanding international law's application to this sensitive dispute in international relations.
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Privacy revisited: a global perspective on the right to be left alone
Ronald J. Krotoszynski Jr.
Rapid technological change, the advent of Big Data, and the creation of society-wide government surveillance programs have transformed the accessibility of highly personal information; these developments have highlighted the ambiguous treatment of privacy and personal intimacy. National legal systems vouchsafe and define "privacy," and its first cousin "dignity," in different ways that reflect local legal and cultural values. Yet, in an increasingly globalized world, purely local protection of privacy interests may prove insufficient to safeguard effectively fundamental autonomy interests - interests that lie at the core of self-definition, personal autonomy, and freedom. Privacy Revisited articulates the legal meanings of privacy and dignity through the lens of comparative law, and argues that the concept of privacy requires a more systematic approach if it is to be useful in framing and protecting certain fundamental autonomy interests. The book begins by providing relevant, and reasonably detailed, information about both the substantive and procedural protections of privacy/dignity in the U.S., Canada, South Africa, the United Kingdom, and among Council of Europe member states. Second, the book explores the inherent tension between affording significant legal protection to the right of privacy (or human dignity) and securing expressive freedoms, notably including the freedom of speech and of the press. The author then posits that the protection of privacy helps to illuminate some of the underlying social and political values that lead the U.S. to fail to protect privacy as reliably or as comprehensively as other liberal democracies. Finally, the book establishes that although privacy and speech come into conflict with some regularity, it is both useful and necessary to start thinking about the important ways in which both rights are integral to the maintenance of democratic self-government.
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Race and races: cases and resources for a diverse America
Juan F. Perea, Richard Delgado, Angela P. Harris, and Jean Stefancic
This casebook presents interdisciplinary, critical perspectives on race and racism and covers the roles of law and history in shaping the meanings of race in the United States. Updates the second edition with new
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The business of being a lawyer
Pamela Bucy Pierson
Based on the successful law school course, The Business of Being a Lawyer, this book is designed for use as a course book, as a supplement in ongoing related courses such as legal professions or law office practice, and as a resource for law school auxiliary programs such as Career Services, Student Support, and Financial Aid and Counseling.
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States of union: family and change in the American constitutional order
Mark E. Brandon
"In two canonical decisions of the 1920s--Meyer v. Nebraska and Pierce v. Society of Sisters--the Supreme Court announced that family (including certain relations within it) was an institution falling under the Constitution's protective umbrella. Since then, proponents of "family values" have claimed that a timeless form of family--nuclear and biological--is crucial to the constitutional order. Mark Brandon's new book, however, challenges these claims. Brandon addresses debates currently roiling America--the regulation of procreation, the roles of women, the education of children, divorce, sexuality, and the meanings of marriage. He also takes on claims of scholars who attribute modern change in family law to mid-twentieth-century Supreme Court decisions upholding privacy. He shows that the "constitutional" law of family has much deeper roots. Offering glimpses into American households across time, Brandon looks at the legal and constitutional norms that have aimed to govern those households and the lives within them. He argues that, well prior to the 1960s, the nature of families in America had been continually changing--especially during western expansion, but also in the founding era. He further contends that the monogamous nuclear family was codified only at the end of the nineteenth century as a response to Mormon polygamy, communal experiments, and Native American households. Brandon discusses the evolution of familial jurisprudence as applied to disputes over property, inheritance, work, reproduction, the status of women and children, the regulation of sex, and the legal limits to and constitutional significance of marriage. He shows how the Supreme Court's famous decisions in the latter part of the twentieth century were largely responses to societal change, and he cites a wide range of cases that offer fresh insight into the ways the legal system responded to various forms of family life. More than a historical overview, the book also considers the development of same-sex marriage as a political and legal issue in our time. States of Union is a groundbreaking volume that explains how family came to be "in" the Constitution, what it has meant for family to be constitutionally significant, and what the implications of that significance are for the constitutional order and for families"-- "In two canonical decisions in 1920s, the Supreme Court announced that family was an institution possessing a constitutional status and that certain relations within family were constitutionally protected. Since then, "family values" has become a staple of American civic life as the polity roils over issues like the regulation of procreation, the roles of women, the education of children, divorce, domestic economy, sex, sexuality, and the meanings of marriage. Brandon is the first to explain how family came to be "in" the Constitution, what it has meant for family to be constitutionally significant, and what the implications of that significance have been (and continue to be) for the constitutional order and for families"
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Critical race theory: the cutting edge
Richard Delgado and Jean Stefancic
Critical Race Theory has become a dynamic, eclectic, and growing movement in the study of law. With this third edition of Critical Race Theory, editors Richard Delgado and Jean Stefancic have created a reader for the twenty-first century—one that shakes up the legal academy, questions comfortable liberal premises, and leads the search for new ways of thinking about our nation's most intractable, and insoluble, problem—race. The contributions, from a stellar roster of established and emerging scholars, address new topics, such as intersectionality and black men on the "down low." Essays also confront much-discussed issues of discrimination, workplace dynamics, affirmative action, and sexual politics. Also new to this volume are updated section introductions, author notes, questions for discussion, and reading lists for each unit. The volume also covers the spread of the movement to other disciplines such as education. Offering a comprehensive and stimulating snapshot of current race jurisprudence and thought, this new edition of Critical Race Theory is essential for those interested in law, the multiculturalism movement, political science, education, and critical thought.
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Patent law essentials: a concise guide
Alan L. Durham
The fourth edition of this indispensable guide provides a simple and accurate introduction to the dynamics and mechanics of patent law, updated with the latest court decisions and reform legislation. Business has always been driven by ingenuity and innovation. Now more than ever, with an economy built on intangible business intelligence and digital yield, developing―and protecting―intellectual property is vital for individuals and organizations alike. This book presents a brief but thorough survey of United States patent law. Drawing from both practical and academic experience, author Alan Durham explains the fundamental principles of the subject and reviews recent changes in legislation affecting its practice. Patent Law Essentials: A Concise Guide, Fourth Edition explains the latest revisions to the protections and limitations of patent law and includes recent Supreme Court decisions concerning the patentability of software, business methods, and advancements in biotech. An engaging writing style makes the technical content accessible to novice and expert practitioners alike.
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First Amendment institutions
Paul Horwitz
Addressing a host of hot-button issues, from the barring of Christian student groups and military recruiters from law schools and universities to churches’ immunity from civil rights legislation in hiring and firing ministers, Paul Horwitz proposes a radical reformation of First Amendment law. Arguing that rigidly doctrinal approaches can’t account for messy, real-world situations, he suggests that the courts loosen their reins and let those institutions with a stake in First Amendment freedoms do more of the work of enforcing them. Universities, the press, libraries, churches, and various other institutions and associations are a fundamental part of the infrastructure of public discourse. Rather than subject them to ill-fitting, top-down rules and legal categories, courts should make them partners in shaping public discourse and First Amendment law, giving these institutions substantial autonomy to regulate their own affairs. Self-regulation and public criticism should be the key restraints on these institutions, not judicial fiat. Horwitz suggests that this approach would help the law enhance the contribution of our “First Amendment institutions” to social and political life. It would also move us toward a conception of the state as a participating member of our social framework, rather than a reigning and often overbearing sovereign. First Amendment Institutions offers a new vantage point from which to evaluate ongoing debates over topics ranging from campaign finance reform to campus hate speech and affirmative action in higher education. This book promises to promote―and provoke―important new discussions about the shape and future of the First Amendment.
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The First Amendment: cases and theory
Ronald J. Krotoszynski Jr., Christina Wells, Lyrissa Barnett Lidsky, and Steven G. Gey
Cases and doctrinal developments in The First Amendment: Cases and Theory are presented in historical context so that students may understand the Supreme Court's evolving tests, standards, and approaches to the Speech, Press, Assembly, Petition, and Religion Clauses in historical context through lightly edited cases. Engaging problems help students apply legal concepts in real situations. All the major contemporary free speech controversies are covered, including conflicts between free speech and national security, equality, civility, and other values, with particular attention to how these conflicts are playing out in the Internet context. Introductory chapters set the stage, and brief chapter overviews introduce the main themes and doctrines to improve student learning from the cases. The First Amendment: Cases and Theory is teachable in a standard three-hour survey course. It is also useful as a casebook for specialized offerings on the Speech, Press, Assembly, Petition Clauses, or the Religion Clauses. The Second Edition features major First Amendment cases that have come down since 2007: Arizona Christian School Tuition Organization v. Winn (taxpayer standing to challenge tax credits for religious schooling); Arizona Free Speech Club v. Bennett (equalization of ampaign expenditures); Brown v. Entertainment Merchants Association (violent video games and children); Christian Legal Society v. Martinez (college and university student organization antidiscrimination policies); Citizens United v. Federal Election Commission (direct corporate electoral expenditures); Davis v. Federal Election Commission (equalization of candidate campaign expenditures); Holder v. Humanitarian Law Project (material support of terrorism federal law and free speech); Pleasant Grove v. Summum (public forums and monuments); Salazar v. Buono (government speech in a government park); Snyder v. Phelps (offensive funeral protests); Sorrell v. IMS Health (data mining as speech); United States v. Stevens (depictions of animal cruelty); and United States v. Williams (solicitations of child pornography.) New issues of First Amendment law such as The Stolen Valor Act are included in a refined presentation, strategically edited for greater clarity. Features: cases and developments in doctrine presented in historical context comprehensive coverage of all major First Amendment cases and doctrines, including materials on both expressive freedoms and also on the Establishment and Free Exercise Clauses lightly edited cases to enhance student comprehension in a complex area of constitutional law engaging problems help students apply legal concepts addresses major contemporary free speech controversies conflicts between free speech and national security free speech and equality free speech and the Internet introductory chapters on free speech, establishment of religion, and free exercise set the stage brief chapter overviews introduce main themes and doctrines to improve student learning from cases flexible use o teachable in a standard three-hour survey course use as casebook for specialized offerings on the Speech, Press, Assembly, Petition Clauses, or Religion Clauses Thoroughly updated, the revised Second Edition presents: major First Amendment cases that have come down since 2007 o Arizona Christian School Tuition Organization v. Winn (taxpayer standing to challenge tax credits for religious schooling)
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Critical race theory: an introduction
Richard Delgado and Jean Stefancic
In 2001, Richard Delgado and Jean Stefancic published their definitive Critical Race Theory, a compact introduction to the field that explained, in straightforward language, the origins, principal themes, leading voices, and new directions of this important movement in legal thought. Since then, critical race theory has gone on to influence numerous other fields of scholarship, and the Delgado and Stefancic primer has remained an indispensible guide for students and teachers. Delgado and Stefancic have revised the book to include material on key issues such as colorblind jurisprudence, Latino-Critical scholarship, immigration, and the rollback of affirmative action. This second edition introduces readers to important new voices in fields outside of law, including education and psychology, and offers greatly expanded issues for discussion, updated reading lists, and an extensive glossary of terms.
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Reclaiming the petition clause: seditious libel, "offensive" protest, and the right to petition the government for a redress of grievances
Ronald J. Krotoszynski Jr.
Since the 2004 presidential campaign, when the Bush presidential advance team prevented anyone who seemed unsympathetic to their candidate from attending his ostensibly public appearances, it has become commonplace for law enforcement officers and political event sponsors to classify ordinary expressions of dissent as security threats and to try to keep officeholders as far removed from possible protest as they can. Thus without formally limiting free speech the government places arbitrary restrictions on how, when, and where such speech may occur.
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Administrative law
John M. Rogers, Michael P. Healy, and Ronald J. Krotoszynski Jr.
The Third Edition includes as lead cases the recent Supreme Court decisions in Stern v. Marshall (2011), Free Enterprise Fund v. Public Company Accounting Oversight Board (2010), and Talk America, Inc. v. Michigan Bell Telephone Co. (2011). The book also includes National Cable & Telecommunications Ass'n v. Brand X Internet Services (2005) as a lead case, providing a capstone case for the standards of judicial review. Notes have been revised to address how the Obama Administration has employed presidential signing statements and revised Office of Management and Budget review of rulemaking. Throughout the text, questions and notes for students have been added to reflect the insights of decisions in recent cases, including American Elec. Power Co. v. Connecticut (2011); Milner v. Department of the Navy (2011); FCC v. Fox Television Stations, Inc. (2009); Mayo Foundation for Medical Educ. and Research v. United States (2011); New Process Steel v. N.L.R.B. (2010); Arizona Christian School Tuition Org. v. Winn (2011), and Thompson v. North American Stainless, LP (2011).
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The Latino/a condition: a critical reader
Richard Delgado
In the last forty-five years, immigration reform has brought tens of millions of new immigrants from Latin American countries to the United States. Since critical race theory pioneers Richard Delgado and Jean Stefancic compiled the first edition of The Latino/a Condition in 1998, the population has continued to grow exponentially, while scholarship on Latinos/as has grown just as quickly. The second edition of The Latino/a Condition brings together a wide range of new and classic Latino and Latina voices from the fields of law, sociology, history, media studies, and politics to address questions such as: Who exactly is a Latino? Who is Hispanic? Who is Chicano? How did Spanish-speaking people come to live in the United States? Is the Latino family a source of strength or oppression? What about Catholicism? Should the United States try to control Latino immigration, and is this even possible? What are the most common media stereotypes of Latino people? Are Latinos white? What role does law play in the racial construction of the group? Collecting a wealth of perspectives on these and other issues central to the Latino/a experience, Delgado and Stefancic offer a broad portrait of Latino/a life in the United States at the beginning of the twenty-first century.
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The agnostic age: law, religion, and the Constitution
Paul Horwitz
The Agnostic Age: Law, Religion, and the Constitution is a book for lawyers, law professors, law students, lawmakers, and any citizen who cares about church-state conflict and about the relationship between religion and liberal democracy. It provides a way to understand and balance the conflicts that inevitably arise when neighbors struggle with neighbors, and when liberal democracy tries to reach common ground with religious beliefs and practices. Paul Horwitz argues that the fundamental reason for the church-state conflict is our aversion to questions of religious truth. By trying to avoid the question of religious truth, law and religion has ultimately only reached a state of incoherence. He asserts that the answer to this dilemma is to take "the agnostic turn": to take an empathetic and imaginative approach to questions of religious truth, one that actually confronts rather than avoids these questions, but without reaching a final judgment about what that truth is. This book offers a sensitive and sensible approach to questions of church-state conflict, justifying what the courts have done in some cases and demanding new results in others. It explains how the church-state conflict extends beyond law and religion itself, and goes to some of the central questions at the heart of the troubled relationship between religion and liberal democracy in a post-9/11 era.
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