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Lawyers Of The Right

Author: Ann Southworth
Publisher: University of Chicago Press
ISBN: 0226768368
Size: 17.15 MB
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A timely and multifaceted portrait of the lawyers who serve the diverse constituencies of the conservative movement, Lawyers of the Right explains what unites and divides lawyers for the three major groups—social conservatives, libertarians, and business advocates—that have coalesced in recent decades behind the Republican Party. Drawing on in-depth interviews with more than seventy lawyers who represent conservative and libertarian nonprofit organizations, Ann Southworth explores their values and identities and traces the implications of their shared interest in promoting political strategies that give lawyers leading roles. She goes on to illuminate the function of mediator organizations—such as the Heritage Foundation and the Federalist Society for Law and Public Policy—that have succeeded in promoting cooperation among different factions of conservative lawyers. Such cooperation, she finds, has aided efforts to drive law and the legal profession politically rightward and to give lawyers greater prominence in the conservative movement. Southworth concludes, though, that tensions between the conservative law movement’s elite and populist elements may ultimately lead to its undoing.

Invitation To Law And Society Second Edition

Author: Kitty Calavita
Publisher: University of Chicago Press
ISBN: 022629661X
Size: 10.55 MB
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Law and society is a rapidly growing field that turns the conventional view of law as mythical abstraction on its head. Kitty Calavita brilliantly brings to life the ways in which law is found not only in statutes and courtrooms but in our institutions and interactions, while inviting readers into conversations that introduce the field’s dominant themes and most lively disagreements. Deftly interweaving scholarship with familiar examples, Calavita shows how scholars in the discipline are collectively engaged in a subversive exposé of law’s public mythology. While surveying prominent issues and distinctive approaches to both law as it is written and actual legal practices, as well as the law’s potential as a tool for social change, this volume provides a view of law that is more real but just as compelling as its mythic counterpart. With this second edition of Invitation to Law and Society, Calavita brings up to date what is arguably the leading introduction to this exciting, evolving field of inquiry and adds a new chapter on the growing law and cultural studies movement.

Mismatch

Author: Richard Sander
Publisher: Basic Books
ISBN: 0465030017
Size: 38.95 MB
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Affirmative action in higher education started in the late 1960s as a noble effort to jump-start racial integration in American society and create the conditions for genuine equal opportunity. Forty years later, it has evolved into a swampland of posturing, concealment, pork-barrel set-asides, and--worst of all--a preferences system so blind to its own shortcomings that it ends up hurting the very minorities educators set out to help. Over the past several years, economist, law professor and civil rights activist Richard Sander has led a national consortium of more than two dozen nonpartisan scholars to study the operation and effects of preferences in higher education. In Mismatch, he and journalist Stuart Taylor present a rich and data-driven picture of the way affirmative action works (and doesn't work) in this setting. Though their liberal leanings would indicate support for race-based policies, Sander and Taylor argue that the research shows that affirmative action does not in fact help minorities. Racial preferences in higher education put a great many students in educational settings where they have no hope of competing--a phenomenon that they call "mismatch." American law schools provide a particularly vivid illustration of how "mismatch" harms the educations and careers of many minority students. Compelling evidence shows that racial preferences double the rate at which black students fail bar exams and may well in the end reduce, rather than increase, the aggregate number of black lawyers. Moreover, because preferences are targeted at upper-middle class minorities, they help shut low-income students of all races out of much of higher education. If you're black and poor--or white and poor, for that matter--your chances of stepping into the halls of some of the nation's most elite institutions are no greater than they were in the 1960s. Unfortunately, the academic establishment is only committed to symbolic change, and it will undermine any research that contests its reflexive political correctness and challenges its sacred cows. Sander and Taylor argue that university leaders and much of America's elite have become so deeply committed to an ideology of racial preferences, and so distrustful of broader American public opinion on these issues, that they have widely embraced regimes that ignore the law, hide data, and put out systematic misinformation on their own racial policies. Sander and Taylor conclude by looking at data on how to level the racial playing field in higher education. Existing studies, they argue, suggest that early childhood interventions are much more likely to produce success down the line.

Working Law

Author: Lauren B. Edelman
Publisher: University of Chicago Press
ISBN: 022640093X
Size: 33.72 MB
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Since the passage of the Civil Rights Act, virtually all companies have antidiscrimination policies in place. Although these policies represent some progress, women and minorities remain underrepresented within the workplace as a whole and even more so when you look at high-level positions. They also tend to be less well paid. How is it that discrimination remains so prevalent in the American workplace despite the widespread adoption of policies designed to prevent it? One reason for the limited success of antidiscrimination policies, argues Lauren B. Edelman, is that the law regulating companies is broad and ambiguous, and managers therefore play a critical role in shaping what it means in daily practice. Often, what results are policies and procedures that are largely symbolic and fail to dispel long-standing patterns of discrimination. Even more troubling, these meanings of the law that evolve within companies tend to eventually make their way back into the legal domain, inconspicuously influencing lawyers for both plaintiffs and defendants and even judges. When courts look to the presence of antidiscrimination policies and personnel manuals to infer fair practices and to the presence of diversity training programs without examining whether these policies are effective in combating discrimination and achieving racial and gender diversity, they wind up condoning practices that deviate considerably from the legal ideals.

Arguing With Tradition

Author: Justin B. Richland
Publisher: University of Chicago Press
ISBN: 0226712966
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Arguing with Tradition is the first book to explore language and interaction within a contemporary Native American legal system. Grounded in Justin Richland’s extensive field research on the Hopi Indian Nation of northeastern Arizona—on whose appellate court he now serves as Justice Pro Tempore—this innovative work explains how Hopi notions of tradition and culture shape and are shaped by the processes of Hopi jurisprudence. Like many indigenous legal institutions across North America, the Hopi Tribal Court was created in the image of Anglo-American-style law. But Richland shows that in recent years, Hopi jurists and litigants have called for their courts to develop a jurisprudence that better reflects Hopi culture and traditions. Providing unprecedented insights into the Hopi and English courtroom interactions through which this conflict plays out, Richland argues that tensions between the language of Anglo-style law and Hopi tradition both drive Hopi jurisprudence and make it unique. Ultimately, Richland’s analyses of the language of Hopi law offer a fresh approach to the cultural politics that influence indigenous legal and governmental practices worldwide.

The Other Rights Revolution

Author: Assistant Professor of American Studies and Political Science Jefferson Decker
Publisher: Oxford University Press
ISBN: 0190467312
Size: 36.62 MB
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In 1973, a group of California lawyers formed a non-profit, public-interest legal foundation dedicated to defending conservative principles in court. Calling themselves the Pacific Legal Foundation, they declared war on the U.S. regulatory state--the sets of rules, legal precedents, and bureaucratic processes that govern the way Americans do business. Believing that the growing size and complexity of government regulations threatened U.S. economy and infringed on property rights, Pacific Legal Foundation began to file a series of lawsuits challenging the government's power to plan the use of private land or protect environmental qualities. By the end of the decade, they had been joined in this effort by spin-off legal foundations across the country. The Other Rights Revolution explains how a little-known collection of lawyers and politicians--with some help from angry property owners and bulldozer-driving Sagebrush Rebels--tried to bring liberal government to heel in the final decades of the twentieth century. Decker demonstrates how legal and constitutional battles over property rights, preservation, and the environment helped to shape the political ideas and policy agendas of modern conservatism. By uncovering the history--including the regionally distinctive experiences of the American West--behind the conservative mobilization in the courts, Decker offers a new interpretation of the Reagan-era right.

The Lawyer S Myth

Author: Walter Bennett
Publisher: University of Chicago Press
ISBN: 9780226042565
Size: 75.21 MB
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Lawyers today are in a moral crisis. The popular perception of the lawyer, both within the legal community and beyond, is no longer the Abe Lincoln of American mythology, but is often a greedy, cynical manipulator of access and power. In The Lawyer's Myth, Walter Bennett goes beyond the caricatures to explore the deeper causes of why lawyers are losing their profession and what it will take to bring it back. Bennett draws on his experience as a lawyer, judge, and law teacher, as well as upon oral histories of lawyers and judges, in his exploration of how and why the legal profession has lost its ennobling mythology. Effectively using examples from history, philosophy, psychology, mythology, and literature, Bennett shows that the loss of professionalism is more than merely the emergence of win-at-all-cost strategies and a scramble for personal wealth. It is something more profound—a loss of professional community and soul. Bennett identifies the old heroic myths of American lawyers and shows how they informed the values of professionalism through the middle of the last century. He shows why, in our more diverse society, those myths are inadequate guides for today's lawyers. And he also discusses the profession's agony over its trickster image and demonstrates how that archetype is not only a psychological reality, but a necessary component of a vibrant professional mythology for lawyers. At the heart of Bennett's eloquently written book is a call to reinvigorate the legal professional community. To do this, lawyers must revive their creative capacities and develop a meaningful, professional mythology—one based on a deeper understanding of professionalism and a broader, more compassionate ideal of justice.

Reclaiming Fair Use

Author: Patricia Aufderheide
Publisher: University of Chicago Press
ISBN: 022637422X
Size: 70.87 MB
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In the increasingly complex and combative arena of copyright in the digital age, record companies sue college students over peer-to-peer music sharing, YouTube removes home movies because of a song playing in the background, and filmmakers are denied a distribution deal when a permissions i proves undottable. Analyzing the dampening effect that copyright law can have on scholarship and creativity, Patricia Aufderheide and Peter Jaszi urge us to embrace in response a principle embedded in copyright law itself—fair use. Originally published in 2011, Reclaiming Fair Use challenged the widely held notion that copyright law is obsolete in an age of digital technologies. Beginning with a survey of the contemporary landscape of copyright law, Aufderheide and Jaszi drew on their years of experience advising documentary filmmakers, English teachers, performing arts scholars, and other creative professionals to lay out in detail how the principles of fair-use can be employed to avoid copyright violation. Taking stock of the vibrant remix culture that has only burgeoned since the book’s original publication, this new edition addresses the expanded reach of fair use—tracking the Twitter hashtag #WTFU (where’s the fair use?), the maturing of the transformativeness measure in legal disputes, the ongoing fight against automatic detection software, and the progress and delays of digitization initiatives around the country. Full of no-nonsense advice and practical examples, Reclaiming Fair Use remains essential reading for anyone interested in law, creativity, and the ever-broadening realm of new media.

The Hollow Hope

Author: Gerald N. Rosenberg
Publisher: University of Chicago Press
ISBN: 0226726681
Size: 41.54 MB
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In follow-up studies, dozens of reviews, and even a book of essays evaluating his conclusions, Gerald Rosenberg’s critics—not to mention his supporters—have spent nearly two decades debating the arguments he first put forward in The Hollow Hope. With this substantially expanded second edition of his landmark work, Rosenberg himself steps back into the fray, responding to criticism and adding chapters on the same-sex marriage battle that ask anew whether courts can spur political and social reform. Finding that the answer is still a resounding no, Rosenberg reaffirms his powerful contention that it’s nearly impossible to generate significant reforms through litigation. The reason? American courts are ineffective and relatively weak—far from the uniquely powerful sources for change they’re often portrayed as. Rosenberg supports this claim by documenting the direct and secondary effects of key court decisions—particularly Brown v. Board of Education and Roe v. Wade. He reveals, for example, that Congress, the White House, and a determined civil rights movement did far more than Brown to advance desegregation, while pro-choice activists invested too much in Roe at the expense of political mobilization. Further illuminating these cases, as well as the ongoing fight for same-sex marriage rights, Rosenberg also marshals impressive evidence to overturn the common assumption that even unsuccessful litigation can advance a cause by raising its profile. Directly addressing its critics in a new conclusion, The Hollow Hope, Second Edition promises to reignite for a new generation the national debate it sparked seventeen years ago.

The Legal Profession

Author: Ann Southworth
Publisher: West Academic Publishing
ISBN: 9781628101720
Size: 65.11 MB
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Unlike most Professional Responsibility books on the market, this book integrates ethical and legal perspectives with the best available empirical literature on the legal profession. It covers all of the basic ethics topics covered in the standard professional responsibility course, but it blends the coverage of doctrine with an in-depth survey of the legal profession. It links legal ethics with materials drawn from other disciplines, especially sociology, economics, and psychology, to help students appreciate actual practice realities and the implications for daily experience. It includes some of the classic cases and materials on professional responsibility and also features up-to-date problems and materials on current issues. This is the only PR book on the market that provides sufficient explanation of basic legal concepts and the operation of the legal system to make it suitable for first-year students. It includes an extensive teachers' manual with sample syllabi, detailed advice about how to teach the materials, written instructions for role-play exercises, and sample exam questions.