Download or read book Looking for Law in All the Wrong Places written by Marianne Constable and published by Fordham Univ Press. This book was released on 2019-03-05 with total page 325 pages. Available in PDF, EPUB and Kindle. Book excerpt: For many inside and outside the legal academy, the right place to look for law is in constitutions, statutes, and judicial opinions. This book looks for law in the “wrong places”—sites and spaces in which no formal law appears. These may be geographic regions beyond the reach of law, everyday practices ungoverned or ungovernable by law, or works of art that have escaped law’s constraints. Looking for Law in All the Wrong Places brings together essays by leading scholars of anthropology, cultural studies, history, law, literature, political science, race and ethnic studies, religion, and rhetoric, to look at law from the standpoint of the humanities. Beyond showing law to be determined by or determinative of distinct cultural phenomena, the contributors show how law is itself interwoven with language, text, image, and culture. Many essays in this volume look for law precisely in the kinds of “wrong places” where there appears to be no law. They find in these places not only reflections and remains of law, but also rules and practices that seem indistinguishable from law and raise challenging questions about the locations of law and about law’s meaning and function. Other essays do the opposite: rather than looking for law in places where law does not obviously appear, they look in statute books and courtrooms from perspectives that are usually presumed to have nothing to say about law. Looking at law sideways, or upside down, or inside out defamiliarizes law. These essays show what legal understanding can gain when law is denied its ostensibly proper domain. Contributors: Kathryn Abrams, Daniel Boyarin, Wendy Brown, Marianne Constable, Samera Esmeir, Daniel Fisher, Sara Ludin, Saba Mahmood, Rebecca McLennan, Ramona Naddaff, Beth Piatote, Sarah Song, Christopher Tomlins, Leti Volpp, Bryan Wagner

Download or read book Looking for Rights in All the Wrong Places written by Emily Zackin and published by Princeton University Press. This book was released on 2013-04-21 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt: Unlike many national constitutions, which contain explicit positive rights to such things as education, a living wage, and a healthful environment, the U.S. Bill of Rights appears to contain only a long list of prohibitions on government. American constitutional rights, we are often told, protect people only from an overbearing government, but give no explicit guarantees of governmental help. Looking for Rights in All the Wrong Places argues that we have fundamentally misunderstood the American rights tradition. The United States actually has a long history of enshrining positive rights in its constitutional law, but these rights have been overlooked simply because they are not in the federal Constitution. Emily Zackin shows how they instead have been included in America's state constitutions, in large part because state governments, not the federal government, have long been primarily responsible for crafting American social policy. Although state constitutions, seemingly mired in trivial detail, can look like pale imitations of their federal counterpart, they have been sites of serious debate, reflect national concerns, and enshrine choices about fundamental values. Zackin looks in depth at the history of education, labor, and environmental reform, explaining why America's activists targeted state constitutions in their struggles for government protection from the hazards of life under capitalism. Shedding much-needed light on the variety of reasons that activists pursued the creation of new state-level rights, Looking for Rights in All the Wrong Places challenges us to rethink our most basic assumptions about the American constitutional tradition.

Download or read book Looking for Votes in All the Wrong Places written by Rick Ridder and published by Radius Book Group+ORM. This book was released on 2016-11-08 with total page 327 pages. Available in PDF, EPUB and Kindle. Book excerpt: The veteran presidential campaign manager recounts his many adventures, travesties, triumphs, and lessons from more than forty years on the trail. Over his long and legendary career, campaign strategist Rick Ridder has been at the center of everything from presidential death matches to the legalization of marijuana. In this lively memoir, he recounts his life on the trail from the McGovern campaign to more recent candidates and causes. Along the way, he reveals his “twenty-two rules of campaign management”―each one illustrated by entertaining, instructive, and mostly true stories from his own experiences. Rick offers an unsparing, often hilarious self-portrait of the political guru as a young man, criss-crossing the country from one drafty campaign headquarters to the next, making mistakes and pulling rabbits out of hats, wrangling temperamental celebrities, winning some elections and losing others. Through his stories, you’ll meet the state legislature candidate who said he’d win thanks to his reputation as a judge in cat competitions; the US Senate candidate who told the Southern press, “I hate southern accents”; a young Senator Al Gore who campaigned for President in 1988 by eating his way through New York City alongside Mayor Koch; Leonard Nimoy, good-naturedly trekking through rural Wisconsin in Rick’s own Jeep because Rick was too young to rent a more appropriate vehicle; and many other colorful characters.

Download or read book In the Matter of Nat Turner written by Christopher Tomlins and published by Princeton University Press. This book was released on 2022-06-14 with total page 376 pages. Available in PDF, EPUB and Kindle. Book excerpt: A bold new interpretation of Nat Turner and the slave rebellion that stunned the American South In 1831 Virginia, Nat Turner led a band of Southampton County slaves in a rebellion that killed fifty-five whites, mostly women and children. After more than two months in hiding, Turner was captured, and quickly convicted and executed. In the Matter of Nat Turner penetrates the historical caricature of Turner as befuddled mystic and self-styled Baptist preacher to recover the haunting persona of this legendary American slave rebel, telling of his self-discovery and the dawning of his Christian faith, of an impossible task given to him by God, and of redemptive violence and profane retribution. Much about Turner remains unknown. His extraordinary account of his life and rebellion, given in chains as he awaited trial in jail, was written down by an opportunistic white attorney and sold as a pamphlet to cash in on Turner’s notoriety. But the enigmatic rebel leader had an immediate and broad impact on the American South, and his rebellion remains one of the most momentous episodes in American history. Christopher Tomlins provides a luminous account of Turner's intellectual development, religious cosmology, and motivations, and offers an original and incisive analysis of the Turner Rebellion itself and its impact on Virginia politics. Tomlins also undertakes a deeply critical examination of William Styron’s 1967 novel, The Confessions of Nat Turner, which restored Turner to the American consciousness in the era of civil rights, black power, and urban riots. A speculative history that recovers Turner from the few shards of evidence we have about his life, In the Matter of Nat Turner is also a unique speculation about the meaning and uses of history itself.

Download or read book Comparative Law written by Mathias Siems and published by Cambridge University Press. This book was released on 2018-04-12 with total page 532 pages. Available in PDF, EPUB and Kindle. Book excerpt: Comparative Law offers a thorough grounding in the subject for students and scholars of comparative law alike, critically debating both traditional and modern approaches to the subject and using examples from a range of legal systems gives the reader a truly global perspective. Covering essential academic debates and comparative law methodology, its contextualised approach draws on examples from politics, economics and development studies to provide an original contribution to topics of comparative law. This new edition: is fully revised and updated throughout to reflect contemporary research, contains more examples from many areas of law and there is also an increased discussion of the relevance of regional, international, transnational and global laws for comparative law. Suitable for students taking courses in comparative law and related fields, this book offers a fresh contextualised and cosmopolitan perspective on the subject.

Download or read book Land Is Kin written by Dana Lloyd and published by University Press of Kansas. This book was released on 2023-11-16 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: Responding to Vine Deloria, Jr.’s call for all people to “become involved” in the struggle to protect Indigenous sacred sites, Dana Lloyd’s Land Is Kin proposes a rethinking of sacred sites, and a rethinking of even land itself. Deloria suggested using the principle of religious freedom, but this principle has failed Indigenous peoples for decades. Lloyd argues that religious freedom fails Indigenous claimants because settler law creates a tension between two competing rights—one party’s religious freedom and another party’s property rights. In this contest, the right of property will always win. Through an analysis of the 1988 US Supreme Court case Lyng v. Northwest Indian Cemetery Protective Association, which she interprets as a case about sovereignty and the meaning of land, Lloyd proposes a multilayered understanding of land and the different roles it can simultaneously play. Rejecting the binary logic of sacred religion versus secular property, Lloyd uses the legal dispute over the High Country—an area of the Six Rivers National Forest in Northern California sacred to the Yurok, Karuk, and Tolowa Indigenous nations—to show that there are at least five different, but not equally valid, ways to understand land in the Lyng case: home, property, sacred site, wilderness, and kin. To protect the High Country, the Yurok filed a religious freedom lawsuit but then proceeded to describe the land as their home in court. They lobbied for protecting the High Country through a wilderness designation even as they continued to argue that they had been managing it for centuries. They have purchased large parcels of ancestral land and also declare the land their kin, a relationship that ostensibly excludes the possibility of ownership. Land Is Kin demonstrates the complexity of land in contemporary religious, political, and legal discourse. By drawing on Indigenous perspectives on the land as kin, Lloyd points toward a framework that shifts sovereignty away from binary oppositions—between property and sacred site, between the federal government and Native nations—toward seeing the land itself as sovereign.

Download or read book New Rhetorics for Contemporary Legal Discourse written by Angela Condello and published by Edinburgh University Press. This book was released on 2020-03-18 with total page 184 pages. Available in PDF, EPUB and Kindle. Book excerpt: Are the general and the particular separated in legal rhetorics? What is the function of singular events, facts, names in legal argumentation and what is their relationship to legal normativity? This collection of 11 essays takes a diachronic approach to address these questions from the perspective of contemporary legal discourse.

Download or read book Good Faith Obligation written by Alex Wan and published by Springer Nature. This book was released on with total page 309 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Freedom of Speech Volume 21 Part 2 written by Ellen Frankel Paul and published by Cambridge University Press. This book was released on 2004-07-05 with total page 468 pages. Available in PDF, EPUB and Kindle. Book excerpt: Whether free speech is defended as a fundamental right that inheres in each individual, or as a guarantee that all of society's members will have a voice in democratic decision-making, the central role of expressive freedom in liberating the human spirit is undeniable. Freedom of expression will, as the essays in this volume illuminate, encounter new and continuing controversies in the twenty-first century. Advances in digital technology raise pressing questions regarding freedom of speech and, with it, intellectual property and privacy rights. Campaign finance reform limits the formerly sacrosanct category of 'political speech'. Expressive liberties may face their greatest challenge from government efforts to thwart terrorism. The twelve legal scholars and philosophers whose work appears in this volume examine the history of free speech doctrine, its relevance to other social and personal values, and the radical critiques it has withstood in recent years.

Download or read book Deference written by Gary Lawson and published by Oxford University Press. This book was released on 2019-11-05 with total page 229 pages. Available in PDF, EPUB and Kindle. Book excerpt: Deference is perhaps the most important concept and practice in law. It lies at the core of every system of precedent, appellate review, federalism, and separation of powers, all of which center on how one actor should deal with previous decisions. Oddly enough, deference is also one of the most under-analyzed and under-theorized legal concepts and practices, perhaps because its applications are so varied. This book's goal is to provide a definition of deference and a vocabulary for discussing it that can be used to describe, explain, and/or criticize deference in all of its manifestations, including some manifestations that are not always identified by legal actors as instances of deference. This project does not seek to prescribe whether and how any legal system should apply deference in any specific circumstance or to critique any particular deference doctrines. Rather, it aims to bring the concept of deference to the forefront of legal discussion; to identify, catalogue, and analyze at least the chief among its many applications; to set forth the many and varied rationales that can be and have been offered in support of deference in different legal contexts; and thereby to provide a vocabulary and conceptual framework that can be employed in future projects, whether those projects are descriptive or prescriptive.

Download or read book Maritime Security written by Dele Joseph Ezeoba and published by AuthorHouse. This book was released on 2021-01-26 with total page 125 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Gulf of Guinea maritime environment accounts for between 70-90 percent of the revenue of the states in the region. In addition to its rich forestry, fisheries reserves, and massive mineral and hydrocarbon deposits, it also houses the largest volumes of the region's oil and gas, which are still its most valued natural resources. Thus, its economic importance has been of great regional and global interest at all times. Invariably, the economic prosperity, or otherwise, of the states in the region is intrinsically tied to the peace and security of the Gulf. This primary and strategic position of the Gulf in the socio-economic survival and development of the states in the region critically underscores the huge importance of its general security, which in recent years and decades has been blighted by many security challenges. Dele Ezeoba's Maritime Security: Imperatives for Economic Development in the Gulf of Guinea extensively engages the dynamics and dialectics of security and economic development in the chosen maritime area, and establishes theoretical and practical mechanisms that should be deployed in combating security threats in the maritime space, and opening up the region to greater development. It offers enterprising vistas of intellectual designs in addressing critical issues of maritime security and economic prosperity.

Download or read book Looking for Law in All the Wrong Places written by Marianne Constable and published by . This book was released on 2020 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: For many inside and outside the legal academy, the right place to look for law is in constitutions, statutes, and judicial opinions. This text looks for law in the "wrong places"-sites and spaces in which no formal law appears. These may be geographic regions beyond the reach of law, everyday practices ungoverned or ungovernable by law, or works of art that have escaped law's constraints. 'Looking for Law in All the Wrong Places' brings together essays by leading scholars of anthropology, cultural studies, history, law, literature, political science, race and ethnic studies, religion, and rhetoric to look at law from the standpoint of the humanities.

Download or read book Beyond the Borders of the Law written by Katrina Jagodinsky and published by University Press of Kansas. This book was released on 2018-09-19 with total page 382 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the American imagination “the West” denotes a border—between civilization and wilderness, past and future, native and newcomer—and its lawlessness is legendary. In fact, there was an abundance of law in the West, as in all borderland regions of vying and overlapping claims, jurisdictions, and domains. It is this legal borderland that Beyond the Borders of the Law explores. Combining the concepts and insights of critical legal studies and western/borderlands history, this book demonstrates how profoundly the North American West has been, and continues to be, a site of contradictory, overlapping, and overreaching legal structures and practices steeped in articulations of race, gender, and power. The authors in this volume take up topics and time periods that include Native history, the US-Canada and US-Mexico borders, regions from Texas to Alaska and Montana to California, and a chronology that stretches from the mid-nineteenth century to the near-present. From water rights to women’s rights, from immigrant to indigenous histories, from disputes over coal deposits to child custody, their essays chronicle the ways in which marginalized westerners have leveraged and resisted the law to define their own rights and legacies. For the authors, legal borderlands might be the legal texts that define and regulate geopolitical borders, or they might be the ambiguities or contradictions creating liminal zones within the law. In their essays, and in the volume as a whole, the concept of legal borderlands proves a remarkably useful framework for finally bringing a measure of clarity to a region characterized by lawful disorder and contradiction.

Download or read book The Constitution of Interests written by John Brigham and published by NYU Press. This book was released on 2000-07 with total page 239 pages. Available in PDF, EPUB and Kindle. Book excerpt: Many of America's most important social and political movements--abolition, women's suffragette, civil rights, women's liberation, gay and lesbian rights--have organized in the shadow of the law. All are based in their theoretical opposition to the law. Yet at the same time, they are dependent on the laws that prohibit them. Law is thus formed as much through the dynamic tensions that govern how these laws are received as through their official decree. Legal forms such as contracts, property, and rights also constitute social and political life because they structure our world. John Brigham here focuses on four ideological movements and their strategies, among them the struggle over the closing of gay bathhouses in the early years of the AIDS crisis and the radical feminist use of rage and radical consciousness in anti- pornography campaigns. The effect of law on politics, Brigham convincingly reveals, is pervasive precisely because political life finds its expression in a surprising variety of legal forms.

Download or read book Women s Legal Landmarks written by Erika Rackley and published by Bloomsbury Publishing. This book was released on 2018-12-27 with total page 829 pages. Available in PDF, EPUB and Kindle. Book excerpt: Women's Legal Landmarks commemorates the centenary of women's admission in 1919 to the legal profession in the UK and Ireland by identifying key legal landmarks in women's legal history. Over 80 authors write about landmarks that represent a significant achievement or turning point in women's engagement with law and law reform. The landmarks cover a wide range of topics, including matrimonial property, the right to vote, prostitution, surrogacy and assisted reproduction, rape, domestic violence, FGM, equal pay, abortion, image-based sexual abuse, and the ordination of women bishops, as well as the life stories of women who were the first to undertake key legal roles and positions. Together the landmarks offer a scholarly intervention in the recovery of women's lost history and in the development of methodology of feminist legal history as well as a demonstration of women's agency and activism in the achievement of law reform and justice.

Download or read book Between Wisdom and Torah written by Jiseong James Kwon and published by Walter de Gruyter GmbH & Co KG. This book was released on 2023-05-08 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: Previous scholars have largely approached Wisdom and Torah in the Second Temple Period through a type of reception history, whereby the two concepts have been understood as signifiers of independent, earlier “biblical” streams of tradition that later came together in the Hellenistic and Roman eras, largely under the process of a so-called “torahization” of wisdom. Recent studies critiquing the nature of wisdom and wisdom literature as operative categories for understanding scribal cultures in early Judaism, as well as newer approaches to conceptualizing Torah and authorizing-compositional practices related to the Pentateuchal texts, however, have challenged the foundations on which the previous models of Wisdom and Torah rested. This volume, therefore, brings together several essays that aim to reexamine and rethink the ways we can describe the developments of texts categorized as “Wisdom” that proliferated during the Second Temple Period and whose contents point to an engagement with a “Torah” discourse. By asking anew the question of whether “Wisdom” was transformed by/into “Torah” during this period, this volume offers reformulations on the discursive space between Wisdom and Torah through analyzing new identifications, confluences, and transformations.

Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.