The Right of Publicity


Book Description

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.




Law and Social Justice in Higher Education


Book Description

The latest volume in the Core Concepts in Higher Education series explores the complexity of law in higher education and both the limits and opportunities of how law can promote inclusivity and access on campus. Through a historical and legal framework, this volume discusses undergraduate students' histories of inclusion and struggles for social justice in higher education by race, sex, social class, dis/ability, and sexual orientation. Bridging research, theory, and practice, Law and Social Justice in Higher Education encourages future and current higher education and student affairs practitioners to consider how they can collaborate to further a just society. Special features: Discussion of case law illustrates the reach and limits of law and where higher education professionals can continue to push for social justice. Accessible to non-lawyers, chapters highlight key legal terms and key concepts to guide readers at the beginning of each chapter. End-of-chapter questions provide prompts for discussion and encourage student interactivity.







Studies in Law, Politics, and Society


Book Description

This special issue of Studies in Law, Politics, and Society examines how law understands the past. Topics covered include the use of legal language to dehumanize slaves in the eighteenth century, the use of history by lawyers and judges to justify existing law or make changes to the law during the nineteenth and twentieth centuries




Racism in America


Book Description

Racism in America has been the subject of serious scholarship for decades. At Harvard University Press, we’ve had the honor of publishing some of the most influential books on the subject. The excerpts in this volume—culled from works of history, law, sociology, medicine, economics, critical theory, philosophy, art, and literature—are an invitation to understand anti-Black racism through the eyes of our most incisive commentators. Readers will find such classic selections as Toni Morrison’s description of the Africanist presence in the White American literary imagination, Walter Johnson’s depiction of the nation’s largest slave market, and Stuart Hall’s theorization of the relationship between race and nationhood. More recent voices include Khalil Gibran Muhammad on the pernicious myth of Black criminality, Elizabeth Hinton on the link between mass incarceration and 1960s social welfare programs, Anthony Abraham Jack on how elite institutions continue to fail first-generation college students, Mehrsa Baradaran on the racial wealth gap, Nicole Fleetwood on carceral art, and Joshua Bennett on the anti-Black bias implicit in how we talk about animals and the environment. Because the experiences of non-White people are integral to the history of racism and often bound up in the story of Black Americans, we have included writers who focus on the struggles of Native Americans, Latinos, and Asians as well. Racism in America is for all curious readers, teachers, and students who wish to discover for themselves the complex and rewarding intellectual work that has sustained our national conversation on race and will continue to guide us in future years.




Lawyers in 21st-Century Societies


Book Description

The world's legal professions have undergone dramatic changes in the 30 years since publication of the landmark three-volume Lawyers in Society, which launched comparative sociological studies of lawyers. This is the first of two volumes in which scholars from a wide range of disciplines, countries and cultures document and analyse those changes. The present volume presents reports on 46 countries, with broad coverage of North America, Western Europe, Latin America, Asia, Australia, North Africa and the Middle East, sub-Saharan Africa, and former communist countries. These national reports address: the impact of globalisation and neoliberalism on national legal professions (the relationship of lawyers and their professional associations to the state and tensions between state and citizenship); changes in lawyer demography (rapidly growing numbers and the profession's efforts to retain control, the entry of women and obstacles to full gender equality, ethnic diversity); legal education (the proliferation of institutions and pedagogic innovation); the regulation of lawyers; structures of production (especially the growth of large firms and the impact of technology and paraprofessionals); the distribution of lawyers across roles; and access to justice (state-funded legal aid and pro-bono services). The juxtaposition of the reports reveals the dramatic transformations of professional rationales, labour markets, and working practices and the multiple contingencies of the role of lawyers in societies experiencing increasing juridification within a new geopolitical order.







Negotiating Conquest


Book Description

"This study examines the ways in which Mexican and Native women challenged the patriarchal traditional culture of the Spanish, Mexican , and early American eras in California, tracing the shifting contingencies surrounding their lives from the imposition of Spanish Catholic colonial rule in the 1770s to the ascendancy of Euro-American Protestant capitalistic society in the 1880s." -from the book cover.




Sexual Aggression Against Children


Book Description

In Sexual Aggression Against Children: Pedophiles’ and Abusers' Development, Dynamics, Treatability, and the Law, Drs. Blackman and Dring use multiple psychoanalytic principles to answer, “Why do people sexually abuse children?” and “Why are most abusers male”? They address the legal and mental health professions’ minimization of the horrific nature of child sexual abuse, explain how to assess pedophiles’ treatability, and discuss cases of adolescent and adult predators. Also, developmental analysis of sexual predation is integrated with a review of judicial decisions regarding civil commitment and punishment of abusers. The authors suggest how courts, evaluators, and legislatures can preserve constitutional rights of sexual offenders while prioritizing protection of children.