The Face That Launched a Thousand Lawsuits

The American Women Who Forged a Right to Privacy
Author: Jessica Lake
Publisher: Yale University Press
ISBN: 0300214227
Category:
Page: 320
View: 8177
A compelling account of how women shaped the common law right to privacy during the late nineteenth and early twentieth centuries Drawing on a wealth of original research, Jessica Lake documents how the advent of photography and cinema drove women--whose images were being taken and circulated without their consent--to court. There they championed the creation of new laws and laid the groundwork for America's commitment to privacy. Vivid and engagingly written, this powerful work will draw scholars and students from a range of fields, including law, women's history, the history of photography, and cinema and media studies.

    • History

Storming the Court

How a Band of Law Students Fought the President--and Won
Author: Brandt Goldstein
Publisher: Simon and Schuster
ISBN: 1416535152
Category: History
Page: 384
View: 4671
Describes how, in 1992, a group of Yale law students came to the aid of three hundred Haitian men, women, and children who had won asylum in the U.S. but who, having tested positive for HIV, were forced into a Guantanamo compound and battled the Bush administration, the Justice Department, the American military, and the Supreme Court to achieve their release. Reprint. 25,000 first printing.

    • History

The Origins of Reasonable Doubt

Theological Roots of the Criminal Trial
Author: James Q. Whitman
Publisher: Yale University Press
ISBN: 9780300116007
Category: History
Page: 276
View: 5550
To be convicted of a crime in the United States, a person must be proven guilty “beyond a reasonable doubt.” But what is reasonable doubt? Even sophisticated legal experts find this fundamental doctrine difficult to explain. In this accessible book, James Q. Whitman digs deep into the history of the law and discovers that we have lost sight of the original purpose of “reasonable doubt.” It was not originally a legal rule at all, he shows, but a theological one. The rule as we understand it today is intended to protect the accused. But Whitman traces its history back through centuries of Christian theology and common-law history to reveal that the original concern was to protect the souls of jurors. In Christian tradition, a person who experienced doubt yet convicted an innocent defendant was guilty of a mortal sin. Jurors fearful for their own souls were reassured that they were safe, as long as their doubts were not “reasonable.” Today, the old rule of reasonable doubt survives, but it has been turned to different purposes. The result is confusion for jurors, and a serious moral challenge for our system of justice.

    • Law

The Ages of American Law

Second Edition
Author: Grant Gilmore
Publisher: Yale University Press
ISBN: 030021104X
Category: Law
Page: 248
View: 2458
Following its publication in 1974, Grant Gilmore's compact portrait of the development of American law from the eighteenth century to the mid-twentieth century became a classic. In this new edition, the portrait is brought up to date with a new chapter by Philip Bobbitt that surveys the trajectory of American law since the original publication. Bobbitt also provides a Foreword on Gilmore and the celebrated lectures that inspired The Ages of American Law. "Sharp, opinionated, and as pungent as cheddar."—New Republic "This book has the engaging qualities of good table talk among a group of sophisticated and educated friends—given body by broad learning and a keen imagination and spiced with wit."—Willard Hurst

    • History

Engines of Truth

Producing Veracity in the Victorian Courtroom
Author: Wendie Ellen Schneider
Publisher: Yale University Press
ISBN: 0300216556
Category: History
Page: 280
View: 5720
During the Victorian era, new laws allowed more witnesses to testify in court cases. At the same time, an emerging cultural emphasis on truth-telling drove the development of new ways of inhibiting perjury. Strikingly original and drawing on a broad array of archival research, Wendie Schneider’s examination of the Victorian courtroom charts this period of experimentation and how its innovations shaped contemporary trial procedure. Blending legal, social, and colonial history, she shines new light on cross-examination, the most enduring product of this time and the “greatest legal engine ever invented for the discovery of truth.”

    • Law

Elizabeth Cady Stanton and the Feminist Foundations of Family Law


Author: Tracy A. Thomas
Publisher: NYU Press
ISBN: 081478304X
Category: Law
Page: 328
View: 1989
Much has been written about women’s rights pioneer Elizabeth Cady Stanton. Historians have written her biography, detailed her campaign for woman’s suffrage, documented her partnership with Susan B. Anthony, and compiled all of her extensive writings and papers. Stanton herself was a prolific author; her autobiography, History of Woman Suffrage, and Woman’s Bible are classics. Despite this body of work, scholars and feminists continue to find new and insightful ways to re-examine Stanton and her impact on women’s rights and history. Law scholar Tracy A. Thomas extends this discussion of Stanton’s impact on modern-day feminism by analyzing her intellectual contributions to—and personal experiences with—family law. Stanton’s work on family issues has been overshadowed by her work (especially with Susan B. Anthony) on woman’s suffrage. But throughout her fifty-year career, Stanton emphasized reform of the private sphere of the family as central to achieving women’s equality. By weaving together law, feminist theory, and history, Thomas explores Stanton’s little-examined philosophies on and proposals for women’s equality in marriage, divorce, and family, and reveals that the campaigns for equal gender roles in the family that came to the fore in the 1960s and ’70s had nineteenth-century roots. Using feminist legal theory as a lens to interpret Stanton’s political, legal, and personal work on the family, Thomas argues that Stanton’s positions on divorce, working mothers, domestic violence, childcare, and many other topics were strikingly progressive for her time, providing significant parallels from which to gauge the social and legal policy issues confronting women in marriage and the family today.

Inventing American Exceptionalism

The Origins of American Adversarial Legal Culture, 1800-1877
Author: Amalia D. Kessler
Publisher: Yale University Press
ISBN: 0300198078
Category:
Page: 464
View: 927
A highly engaging account of the developments--not only legal, but also socioeconomic, political, and cultural--that gave rise to Americans' distinctively lawyer-driven legal culture When Americans imagine their legal system, it is the adversarial trial--dominated by dueling larger-than-life lawyers undertaking grand public performances--that first comes to mind. But as award-winning author Amalia Kessler reveals in this engrossing history, it was only in the turbulent decades before the Civil War that adversarialism became a defining American practice and ideology, displacing alternative, more judge-driven approaches to procedure. By drawing on a broad range of methods and sources--and by recovering neglected influences (including from Europe)--the author shows how the emergence of the American adversarial legal culture was a product not only of developments internal to law, but also of wider socioeconomic, political, and cultural debates over whether and how to undertake market regulation and pursue racial equality. As a result, adversarialism came to play a key role in defining American legal institutions and practices, as well as national identity.

Congress's Constitution

Legislative Authority and the Separation of Powers
Author: Josh Chafetz
Publisher: Yale University Press
ISBN: 0300197101
Category:
Page: 448
View: 8764
A leading scholar of Congress and the Constitution analyzes Congress's surprisingly potent set of tools in the system of checks and balances. Congress is widely supposed to be the least effective branch of the federal government. But as Josh Chafetz shows in this boldly original analysis, Congress in fact has numerous powerful tools at its disposal in its conflicts with the other branches. These tools include the power of the purse, the contempt power, freedom of speech and debate, and more. Drawing extensively on the historical development of Anglo-American legislatures from the seventeenth century to the present, Chafetz concludes that these tools are all means by which Congress and its members battle for public support. When Congress uses them to engage successfully with the public, it increases its power vis-�-vis the other branches; when it does not, it loses power. This groundbreaking take on the separation of powers will be of interest to both legal scholars and political scientists.

    • Political Science

The Oath and the Office: A Guide to the Constitution for Future Presidents


Author: Corey Brettschneider
Publisher: W. W. Norton & Company
ISBN: 0393652130
Category: Political Science
Page: 224
View: 5928
An essential guide to the presidential powers and limits of the Constitution, for anyone voting—or running—for our highest office. Can the president launch a nuclear attack without congressional approval? Is it ever a crime to criticize the president? Can states legally resist a president’s executive order? In today’s fraught political climate, it often seems as if we must become constitutional law scholars just to understand the news from Washington, let alone make a responsible decision at the polls. The Oath and the Office is the book we need, right now and into the future, whether we are voting for or running to become president of the United States. Constitutional law scholar and political science professor Corey Brettschneider guides us through the Constitution and explains the powers—and limits—that it places on the presidency. From the document itself and from American history’s most famous court cases, we learn why certain powers were granted to the presidency, how the Bill of Rights limits those powers, and what “we the people” can do to influence the nation’s highest public office—including, if need be, removing the person in it. In these brief yet deeply researched chapters, we meet founding fathers such as James Madison and Alexander Hamilton, as well as key figures from historic cases such as Brown v. Board of Education and Korematsu v. United States. Brettschneider breathes new life into the articles and amendments that we once read about in high school civics class, but that have real impact on our lives today. The Oath and the Office offers a compact, comprehensive tour of the Constitution, and empowers all readers, voters, and future presidents with the knowledge and confidence to read and understand one of our nation’s most important founding documents.

    • Social Science

The Coddling of the American Mind

How Good Intentions and Bad Ideas Are Setting Up a Generation for Failure
Author: Greg Lukianoff,Jonathan Haidt
Publisher: Penguin
ISBN: 0735224900
Category: Social Science
Page: 352
View: 4866
Something is going wrong on many college campuses in the last few years. Rates of anxiety, depression, and suicide are rising. Speakers are shouted down. Students and professors say they are walking on eggshells and afraid to speak honestly. How did this happen? First Amendment expert Greg Lukianoff and social psychologist Jonathan Haidt show how the new problems on campus have their origins in three terrible ideas that have become increasingly woven into American childhood and education: what doesn’t kill you makes you weaker; always trust your feelings; and life is a battle between good people and evil people. These three Great Untruths are incompatible with basic psychological principles, as well as ancient wisdom from many cultures. They interfere with healthy development. Anyone who embraces these untruths—and the resulting culture of safetyism—is less likely to become an autonomous adult able to navigate the bumpy road of life. Lukianoff and Haidt investigate the many social trends that have intersected to produce these untruths. They situate the conflicts on campus in the context of America’s rapidly rising political polarization, including a rise in hate crimes and off-campus provocation. They explore changes in childhood including the rise of fearful parenting, the decline of unsupervised play, and the new world of social media that has engulfed teenagers in the last decade. This is a book for anyone who is confused by what is happening on college campuses today, or has children, or is concerned about the growing inability of Americans to live, work, and cooperate across party lines.

    • Education

Excellent Sheep

The Miseducation of the American Elite and the Way to a Meaningful Life
Author: William Deresiewicz
Publisher: Simon and Schuster
ISBN: 1476702721
Category: Education
Page: 256
View: 3313
A Yale professor and author of A Jane Austen Education evaluates the consequences of high-pressure educational and parenting approaches that challenge the mind's ability to think critically and creatively, calling for strategic changes that can offer college students a self-directed sense of purpose.

The Criterion for Distinguishing Legal Opinions from Judicial Rulings and the Administrative Acts of Judges and Rulers


Author: Shihab al-Din Ahmad ibn Idris al-Qarafi al-Maliki,Mohammad H. Fadel
Publisher: Yale University Press
ISBN: 0300191154
Category:
Page: 352
View: 1928
The first and much-needed English translation of a thirteenth-century text that shaped the development of Islamic law in the late middle ages. Scholars of Islamic law can find few English language translations of foundational Islamic legal texts, particularly from the understudied Mamluk era. In this edition of the Tamyiz, Mohammad Fadel addresses this gap, finally making the great Muslim jurist Shihab al-Din al-Qarafi's seminal work available to a wider audience. Al-Qarafi's examination of the distinctions among judicial rulings, which were final and unassailable, legal opinions, which were advisory and not binding, and administrative actions, which were binding but amenable to subsequent revision, remained standard for centuries and are still actively debated today.

    • Business & Economics

Foodborne Disease Outbreaks

Guidelines for Investigation and Control
Author: World Health Organization
Publisher: World Health Organization
ISBN: 9241547227
Category: Business & Economics
Page: 146
View: 3813
"These guidelines have been written for public health practitioners, food and health inspectors, district and national medical officers, laboratory personnel and others who may undertake or participate in the investigation and control of foodborne disease outbreaks."--P. 4 of cover.

    • Law

The Colorado Doctrine


Author: David Schorr
Publisher: Yale University Press
ISBN: 0300189044
Category: Law
Page: 224
View: 7609
DIV Making extensive use of archival and other primary sources, David Schorr demonstrates that the development of the “appropriation doctrine,” a system of private rights in water, was part of a radical attack on monopoly and corporate power in the arid West. Schorr describes how Colorado miners, irrigators, lawmakers, and judges forged a system of private property in water based on a desire to spread property and its benefits as widely as possible among independent citizens. He demonstrates that ownership was not dictated by concerns for economic efficiency, but by a regard for social justice. /div

    • Medical

Facts and Ideas from Anywhere


Author: William Roberts
Publisher: Wiley-Blackwell
ISBN: 9780879934637
Category: Medical
Page: 172
View: 1685
The fun and informative "facts and ideas" in this book were gleaned from 5 years of William C. Roberts'' musings as editor-in-chief of the Baylor University Medical Center Proceedings, and will interest physicians, clinicians, fellows, nurses, and students from all fields of medicine. Dr. Roberts believes the most important part of patient health is prevention, and the key to prevention is physician awareness of all the things that can impact a patient''s health, from clinical issues to the arcane and mundane aspects of daily life. Accordingly, readers can expect to learn about subjects ranging not only from FDA approvals and trial reports, but to internet prescriptions, gun control, the Viagra culture, fast food, drug use, and whether it''s better, health-wise, to be married or have a dog.

    • Biography & Autobiography

The Yale Biographical Dictionary of American Law


Author: Roger K. Newman
Publisher: Yale University Press
ISBN: 0300113005
Category: Biography & Autobiography
Page: 622
View: 4587
This book is the first to gather in a single volume concise biographies of the most eminent men and women in the history of American law. Encompassing a wide range of individuals who have devised, replenished, expounded, and explained law, The Yale Biographical Dictionary of American Law presents succinct and lively entries devoted to more than 700 subjects selected for their significant and lasting influence on American law. Casting a wide net, editor Roger K. Newman includes individuals from around the country, from colonial times to the present, encompassing the spectrum of ideologies from left-wing to right, and including a diversity of racial, ethnic, and religious groups. Entries are devoted to the living and dead, the famous and infamous, many who upheld the law and some who broke it. Supreme Court justices, private practice lawyers, presidents, professors, journalists, philosophers, novelists, prosecutors, and others--the individuals in the volume are as diverse as the nation itself. Entries written by close to 600 expert contributors outline basic biographical facts on their subjects, offer well-chosen anecdotes and incidents to reveal accomplishments, and include brief bibliographies. Readers will turn to this dictionary as an authoritative and useful resource, but they will also discover a volume that delights and entertains. Listed in The Yale Biographical Dictionary of American Law: John Ashcroft Robert H. Bork Bill Clinton Ruth Bader Ginsburg Patrick Henry J. Edgar Hoover James Madison Thurgood Marshall Sandra Day O’Connor Janet Reno Franklin D. Roosevelt Julius and Ethel Rosenberg John T. Scopes O. J. Simpson Alexis de Tocqueville Scott Turow And more than 700 others

    • Law

The Right of Publicity

Privacy Reimagined for a Public World
Author: Jennifer E. Rothman
Publisher: Harvard University Press
ISBN: 0674986350
Category: Law
Page: 236
View: 3379
Who controls how one’s identity is used by others? This legal question, centuries old, demands greater scrutiny in the Internet age. Jennifer Rothman uses the right of publicity—a little-known law, often wielded by celebrities—to answer that question, not just for the famous but for everyone. In challenging the conventional story of the right of publicity’s emergence, development, and justifications, Rothman shows how it transformed people into intellectual property, leading to a bizarre world in which you can lose ownership of your own identity. This shift and the right’s subsequent expansion undermine individual liberty and privacy, restrict free speech, and suppress artistic works. The Right of Publicity traces the right’s origins back to the emergence of the right of privacy in the late 1800s. The central impetus for the adoption of privacy laws was to protect people from “wrongful publicity.” This privacy-based protection was not limited to anonymous private citizens but applied to famous actors, athletes, and politicians. Beginning in the 1950s, the right transformed into a fully transferable intellectual property right, generating a host of legal disputes, from control of dead celebrities like Prince, to the use of student athletes’ images by the NCAA, to lawsuits by users of Facebook and victims of revenge porn. The right of publicity has lost its way. Rothman proposes returning the right to its origins and in the process reclaiming privacy for a public world.

    • Medical

The World Health Report 2008

Primary Health Care : Now More Than Ever
Author: World Health Organization
Publisher: World Health Organization
ISBN: 9241563737
Category: Medical
Page: 119
View: 6558
Provides information on medical care and health care policy from around the world.

    • History

Twelve Who Ruled

The Year of Terror in the French Revolution
Author: R. R. Palmer
Publisher: Princeton University Press
ISBN: 140084939X
Category: History
Page: 448
View: 8858
The Reign of Terror continues to fascinate scholars as one of the bloodiest periods in French history, when the Committee of Public Safety strove to defend the first Republic from its many enemies, creating a climate of fear and suspicion in revolutionary France. R. R. Palmer's fascinating narrative follows the Committee's deputies individually and collectively, recounting and assessing their tumultuous struggles in Paris and their repressive missions in the provinces. A foreword by Isser Woloch explains why this book remains an enduring classic in French revolutionary studies.

    • Law

Newsworthy

The Supreme Court Battle over Privacy and Press Freedom
Author: Samantha Barbas
Publisher: Stanford University Press
ISBN: 1503600831
Category: Law
Page: 352
View: 8688
In 1952, the Hill family was held hostage by escaped convicts in their suburban Pennsylvania home. The family of seven was trapped for nineteen hours by three fugitives who treated them politely, took their clothes and car, and left them unharmed. The Hills quickly became the subject of international media coverage. Public interest eventually died out, and the Hills went back to their ordinary, obscure lives. Until, a few years later, the Hills were once again unwillingly thrust into the spotlight by the media—with a best-selling novel loosely based on their ordeal, a play, a big-budget Hollywood adaptation starring Humphrey Bogart, and an article in Life magazine. Newsworthy is the story of their story, the media firestorm that ensued, and their legal fight to end unwanted, embarrassing, distorted public exposure that ended in personal tragedy. This story led to an important 1967 Supreme Court decision—Time, Inc. v. Hill—that still influences our approach to privacy and freedom of the press. Newsworthy draws on personal interviews, unexplored legal records, and archival material, including the papers and correspondence of Richard Nixon (who, prior to his presidency, was a Wall Street lawyer and argued the Hill family's case before the Supreme Court), Leonard Garment, Joseph Hayes, Earl Warren, Hugo Black, William Douglas, and Abe Fortas. Samantha Barbas explores the legal, cultural, and political wars waged around this seminal privacy and First Amendment case. This is a story of how American law and culture struggled to define and reconcile the right of privacy and the rights of the press at a critical point in history—when the news media were at the peak of their authority and when cultural and political exigencies pushed free expression rights to the forefront of social debate. Newsworthy weaves together a fascinating account of the rise of big media in America and the public's complex, ongoing love-hate affair with the press.