Civil Procedure Stories by
Fourteen law school professors collaborated to write Civil Procedure Stories, which provides deeper understanding of the great civil procedure cases. Each professor wrote a short chapter on one of the cases, retelling the case in his or her own voice and by his or her own method. Each chapter includes separate sections on: Social and legal background of the case Factual background of the case Lower court proceedings in the case Final appellate disposition, including issues, decisions, reasons, and separate opinions Factual postscript to the case Immediate impact of the case on the development of the law (why the case is famous and when it became so) Continuing importance of the case today (why it is still a leading case)
Critical Procedure by
From the publisher's website: This ground-breaking book on legal theory and civil procedure helps law students understand and apply Critical Theory to a core course within the law school curriculum. Clarifying the theory in Critical Race Theory, Critical Feminist Theory, and the growing number of "outsider" stances against the received tradition, the author challenges the widely held view that criticalists are a monolithic group of legal scholars who present an imminent danger to American law.
Raising the question of whether federal procedure (including Federal Rules of Civil Procedure) would be different today if the views of people of color and women were consciously and systematically taken into account, Critical Procedure adds intellectual richness and awareness to the fields of civil procedure and legal theory.
Civil Rights Stories by
This book provides students with a three-dimensional picture of the most important cases that are addressed in civil rights courses. These stories give the students and faculty members a deeper understanding of the historical and cultural background of the cases and an insight into their long-term impact on the development of civil rights law.
Constitutional Law Stories, 2d by
Dorf's Constitutional Law Stories provides a student with an understanding of 15 leading U.S. constitutional law cases. It focuses on how lawyers, judges, and socioeconomic factors shaped the litigation, and why the cases have attained landmark status. This book is suitable for adoption as a supplement in an introductory constitutional law course or as a text for an advanced seminar.
Feminist Judgments by
What would United States Supreme Court opinions look like if key decisions on gender issues were written with a feminist perspective? Feminist Judgments brings together a group of scholars and lawyers to rewrite, using feminist reasoning, the most significant US Supreme Court cases on gender from the 1800s to the present day. The twenty-five opinions in this volume demonstrate that judges with feminist viewpoints could have changed the course of the law. The rewritten decisions reveal that previously accepted judicial outcomes were not necessary or inevitable and demonstrate that feminist reasoning increases the judicial capacity for justice. Feminist Judgments opens a path for a long overdue discussion of the real impact of judicial diversity on the law as well as the influence of perspective on judging.
First Amendment Stories by
This Stories title will enrich First Amendment courses and help students appreciate the premises that animate the cases and the values that are at stake in religious-liberty and free-speech controversies, rarely captured fully by doctrinal presentations. This collection offers carefully selected and rich cases that involve real stories, which can themselves serve as points-of-entry to the many great, ongoing debates that run through our free speech and religious liberty traditions.
Must We Defend Nazis? by
A controversial argument for reconsidering the limits of free speech 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.
Words That Wound by
Words, like sticks and stones, can assault; they can injure; they can exclude. In this important book, four prominent legal scholars from the tradition of critical race theory draw on the experience of injury from racist hate speech to develop a first amendment interpretation that recognizes such injuries. In their critique of "first amendment orthodoxy," the authors argue that only a history of racism can explain why defamation, invasion of privacy, and fraud are exempt from free-speech guarantees while racist and sexist verbal assaults are not.The rising tide of verbal violence on college campuses has increased the intensity of the "hate speech" debate. This book demonstrates how critical race theory can be brought to bear against both conservative and liberal ideology to motivate a responsible regulation of hate speech. The impact of feminist theory is also evident throughout. The authors have provided a rare and powerful example of the application of critical theory to a real-life problem.This timely and necessary book will be essential reading for those experiencing the conflicts of free-speech issues on campus--students, faculty, administrators, and legislators--as well as for scholars of jurisprudence. It will also be a valuable classroom tool for teachers in political science, sociology, law, education, ethnic studies, and women's studies.
Contracts Stories- an in-Depth Look at the Leading Contract Cases by
In this offering, the editors are joined by other leading contracts scholars in placing the major cases in contract law in their historical and cultural context. Each of the 11 short and readily accessible chapters provides newly uncovered facts about and insights into the cases that lie at the core of the first-year contracts class. Long-standing puzzles are answered and these answers in turn are linked to the larger political and social forces at work, demonstrating how these forces have shaped the evolution of contract law.
Criminal Law Stories by
This collection of case stories illustrates the balance, continuity, and evolution in substantive criminal law doctrine in light of the social and political contexts in which those doctrines are perennially tested. These stories focus on the pre-litigation behavior of defendants, raising important moral and cultural questions about human nature and human society and how social norms get translated into workable legal doctrines. They survey the typical variety of doctrines addressed in a standard criminal law course, elucidating the classic themes of common law jurisprudence.
Justice in America: The Separate Realities of Blacks and Whites by
As reactions to the O. J. Simpson verdict, the Rodney King beating, and the Amadou Diallo killing make clear, whites and African Americans in the United States inhabit two different perceptual worlds, with the former seeing the justice system as largely fair and color blind and the latter believing it to be replete with bias and discrimination. The authors tackle two important questions in this book: what explains the widely differing perceptions, and why do such differences matter? They attribute much of the racial chasm to the relatively common personal confrontations that many blacks have with law enforcement - confrontations seldom experienced by whites. More importantly, the authors demonstrate that this racial chasm is consequential: it leads African Americans to react much more cynically to incidents of police brutality and racial profiling, and also to be far more skeptical of punitive anti-crime policies ranging from the death penalty to three-strikes laws.
The New Jim Crow: Mass Incarceration in the Age of Colorblindness by
A tenth-anniversary edition of the iconic bestseller'"one of the most influential books of the 20 years," according to the Chronicle of Higher Education'with a new preface by the author Seldom does a book have the impact of Michelle Alexander's The New Jim Crow. Since it was first published in 2010, it has been cited in judicial decisions and has been adopted in campus-wide and community-wide reads; it helped inspire the creation of the Marshall Project and the new $100 million Art for Justice Fund; it has been the winner of numerous prizes, including the prestigious NAACP Image Award; and it has spent nearly 250 weeks on the New York Times bestseller list. Most important of all, it has spawned a whole generation of criminal justice reform activists and organizations motivated by Michelle Alexander's unforgettable argument that "we have not ended racial caste in America; we have merely redesigned it." As the Birmingham News proclaimed, it is "undoubtedly the most important book published in this century about the U.S." Now, ten years after it was first published, The New Press is proud to issue a tenth-anniversary edition with a new preface by Michelle Alexander that discusses the impact the book has had and the state of the criminal justice reform movement today.
Integrating Spaces: Property Law & Race by
Integrating Spaces: Property Law and Race enables you to seamlessly integrate historical and contemporary issues of race and ethnicity into your Property syllabus alongside your casebook. With historical perspective and doctrinal analysis, it maps the directions in which property law has turned in response to issues of race and ethnicity, and demonstrates how racial and ethnic categories continue to affect contemporary property law. Integrating Spaces: Property Law and Race provides a dynamic social, historical, and doctrinal context for teaching property law: nearly 30 new and provocative cases including the Supreme Court decision in Oyama v. California (alien land laws) and state court and federal court decisions in Trueheart v. Parker and Morison v. Rawlinson (race nuisance cases involving a jazz club and an African American church) extensive treatment of Federal civil rights statutes and their implications for environmental justice and the housing and financial crisis a close look at the efficacy of traditional property concepts as solutions to minority or cultural requirements such as easements by prescription for Native American religious uses (United States v. Platt), Native Hawaiian access to sacred sites and beaches ( PASH), and the impact of partition land sales on African-American farmers and indigenous communities consideration of an international perspective, including cases on land redistribution in South Africa, cultural property in Australia, and restitution in post-conflict Bosnia and Herzegovina and Guatemala legal context and appropriate pedagogy from statutes, excerpted law review articles, and questions for discussion in the notes Teacher's Manual that provides additional questions and suggestions for linking the cases to coverage in traditional casebooks Timely and relevant, Integrating Spaces: Property Law and Race brings a whole new dimension to your Property course. If you re looking to refresh your teaching experience, challenge your students, or fuel class discussion, order a complimentary copy of Integrating Spaces: Property Law and Race.
Property Stories by
This title provides the law student with an enriched understanding of 12 leading property cases. It focuses on how lawyers, judges, and policy factors shaped the litigation, and why the cases have attained noteworthy status. The volume is suitable for adoption as a supplement in a first-year property course, or as a text for an advanced seminar.
Critical Race Realism by 
Feminist Perspectives on Tort Law by
Feminist Perspectives on Tort Law offers a distinctly feminist approach to key topics in tort law. Ten original essays written by feminist legal scholars from the UK, US, Canada and Australia encompass a range of ways of thinking about women, tort law and feminism. The collection provides a fresh and original analysis of issues of long-standing concern to feminists as well as nascent areas of concern. These include conceptions of harm, constructions of reasonableness, the duty of care, the public/private divide, sexual wrongdoing, privacy and environmental law. Written with both scholars and students in mind, Feminist Perspectives on Tort Law is an important and timely addition to key debates in tort law..
The Measure of Injury by
Tort law is the body of law governing negligence, intentional misconduct, and other wrongful acts for which civil actions can be brought. The conventional wisdom is that the rules, concepts, and structures of tort law are neutral and unbiased, free of considerations of gender and race. In The Measure of Injury, Martha Chamallas and Jennifer Wriggins prove that tort law is anything but gender and race neutral. Drawing on an in-depth analysis of case law ranging from the Jim Crow South to the 9/11 Victim Compensation Fund, the authors demonstrate that women and minorities have been under-compensated in tort law and that traditional biases have resurfaced in updated forms to perpetuate patterns of disparate recovery based on race and gender. Grappling with tort theory, the intricacies of legal doctrine and the practical effects of legal rules, The Measure of Injury is a unique treatise on torts that uncovers the public and cultural dimensions of this always-controversial domain of private law.
Torts Stories by
This publication provides a student with an understanding of ten leading torts cases, focusing on how the litigation was shaped by lawyers, judges and socioeconomic factors, and why the cases have attained landmark status. It is suitable for adoption as a supplement in a first-year torts course, or as a text for an advanced seminar.
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