LatCrit


Book Description

"This book comprehensively but succinctly tells the story of LatCrit's emergence and sustainable presence as a scholarly and activist community within and beyond the US legal academy, finding its place alongside such other schools of critical legal knowledge as Feminist Legal Theory and Critical Race Theory that aim to combust social and legal transformative change"--




In the Shadow of Korematsu


Book Description

This book discusses the present-day significance of the Supreme Court's partially discredited, yet never overruled, 1944 decision upholding the constitutional validity of the mass Japanese American exclusion leading to indefinite incarceration. It charts policymakers' and judges' "chameleonic deployment" of the muddled high court ruling alternatively to legitimate or to reject present-day security actions that undercut fundamental rights to freedom, association, religious choice, due process, and equality - rights of immigrants and citizens, protestors and justice organizations, worshippers, and journalists.




Asian Law Journal


Book Description




Engaging with Foreign Law


Book Description

This book presents a developed theory of how national lawyers can approach, understand, and make use of foreign law. Its theme is pursued through a set of detailed essays which look at the courts as well as business practice and, with the help of statistics, demonstrate what type of academic work has any impact on the 'real' world. Engaging with Foreign Law thus aims to carve out a new niche for comparative law in this era of globalisation, and may also be the only book which deals in some depth with both private and public law in countries such as England, Germany, France, South Africa, and the United States.







Looking for Law in All the Wrong Places


Book Description

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




The Legal Process and the Promise of Justice


Book Description

Malcolm Feeley, one of the founding giants of the law and society field, is also one of its most exciting, diverse, and contemporary scholars. His works have examined criminal courts, prison reform, the legal profession, legal professionalism, and a variety of other important topics of enduring theoretical interest with a keen eye for the practical implications. In this volume, The Legal Process and the Promise of Justice, an eminent group of contemporary law and society scholars offer fresh and original analyzes of his work. They asses the legacy of Feeley's theoretical innovations, put his findings to the test of time, and provide provocative historical and international perspectives for his insights. This collection of original essays not only draws attention to Professor Feeley's seminal writings but also to the theories and ideas of others who, inspired by Feeley, have explored how courts and the legal process really work to provide a promise of justice.




Civil Rights in Public Service


Book Description

Promises of justice and equality made in the U.S. Constitution, numerous Amendments, and decisions of the Supreme Court are hallmarks of American civil rights. Yet the realities of inequality remain facts of modern life for too many Native Americans, African Americans, and Latino Americans, even though state-mandated racial segregation has been outlawed for years. Women still face a variety of forms of discrimination—some subtle and others more overt. There remain many laws that treat people differently because of sexual orientation. People with disabilities are supposed to be protected by a variety of statutes, but many of these policies remain unfulfilled promises. These are just some of the many challenges of civil rights that persist in a nation that proudly points to the words above the entrance to the U.S. Supreme Court that read "Equal Justice Under Law." This text is for current and future public service professionals —whether they are in government agencies, in nonprofit organizations that provide social services for government, or contractors who operate as state actors—who increasingly serve diverse communities with a range of complex challenges, while working and managing within organizations that, fortunately, are themselves more diverse than ever before. For those who work and serve in such settings, civil rights is not an abstract academic study, but a critically important and very practical fact of daily life. This book may also be used on civil rights law, policy, and public administration courses, and each chapter ends with a section on ‘Issues for Policy and Practice’ to guide an examination of key public policy hurdles in the fight for civil rights as well as the implications for public service practice. Through an engaging exploration of edited court cases, legislation, and speeches, the reader is encouraged to think critically about civil rights law and policy pertaining to African Americans, Native Americans, Latinos/Latinas, gender, sexual orientation, and disabilities, to learn what civil rights require, but also to come to a more empathetic understanding of how different groups of people experience civil rights and the unique challenges they face. Chapter 2 of this book is freely available as a downloadable Open Access PDF at http://www.taylorfrancis.com under a Creative Commons Attribution-Non Commercial-No Derivatives (CC-BY-NC-ND) 4.0 license.