Title: Lawyers, lawsuits, and legal rights: the battle over litigation in American society 
Author: Burke, Thomas Frederick
Published: University of California Press,  2002
Subjects: Politics | Law
Publisher's Description: Lawsuits over coffee burns, playground injuries, even bad teaching: litigation "horror stories" create the impression that Americans are greedy, quarrelsome, and sue-happy. The truth, as this book makes clear, is quite different. What Thomas Burke describes in Lawyers, Lawsuits, and Legal Rights is a nation not of litigious citizens, but of litigious policies - laws that promote the use of litigation in resolving disputes and implementing public policies. This book is a cogent account of how such policies have come to shape public life and everyday practices in the United States. As litigious policies have proliferated, so have struggles to limit litigation - and these struggles offer insight into the nation's court-centered public policy style. Burke focuses on three cases: the effort to block the Americans with Disabilities Act; an attempt to reduce accident litigation by creating a no-fault auto insurance system in California; and the enactment of the Vaccine Injury Compensation Act. These cases suggest that litigious policies are deeply rooted in the American constitutional tradition. Burke shows how the diffuse, divided structure of American government, together with the anti-statist ethos of American political culture, creates incentives for political actors to use the courts to address their concerns. The first clear and comprehensive account of the national politics of litigation, his work provides a new way to understand and address the "litigiousness" of American society.   [brief]
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Title: Gypsy law: Romani legal traditions and culture
Author: Weyrauch, Walter O. (Walter Otto) 1919-
Published: University of California Press,  2001
Subjects: Law | Cultural Anthropology | Ethnic Studies | Sociology | European Studies | Political Theory
Publisher's Description: Approximately one thousand years ago Gypsies, or Roma, left their native India. Today Gypsies can be found in countries throughout the world, their distinct culture still intact in spite of the intense persecution they have endured. This authoritative collection brings together leading Gypsy and non-Gypsy scholars to examine the Romani legal system, an autonomous body of law based on an oral tradition and existing alongside dominant national legal networks. For centuries the Roma have survived by using defensive strategies, especially the absolute exclusion of gadje (non-Gypsies) from their private lives, their values, and information about Romani language and social institutions. Sexuality, gender, and the body are fundamental to Gypsy law, with rules that govern being pure (vujo) or impure (marime) . Women play an important role in maintaining legal customs, having the power to sanction and to contaminate, but they are not directly involved in legal proceedings. These essays offer a comparative perspective on Romani legal procedures and identity, including topics such as the United States' criminalization of many aspects of Gypsy law, parallels between Jewish and Gypsy law, and legal distinctions between Romani communities. The contributors raise broad theoretical questions that transcend the specific Gypsy context and offer important insights into understanding oral legal traditions. Together they suggest a theoretical framework for explaining the coexistence of formal and informal law within a single legal system. They also highlight the ethical dilemmas encountered in comparative law research and definitions of "human rights."   [brief]
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Title: Rethinking the borderlands: between Chicano culture and legal discourse 
Author: Gutiérrez-Jones, Carl Scott
Published: University of California Press,  1995
Subjects: American Studies | Chicano Studies | Literature | Language and Linguistics | Law | Social and Political Thought | Rhetoric | Postcolonial Studies | United States History | United States History
Publisher's Description: Challenging the long-cherished notion of legal objectivity in the United States, Carl Gutiérrez-Jones argues that Chicano history has been consistently shaped by racially biased, combative legal interactions. Rethinking the Borderlands is an insightful and provocative exploration of the ways Chicano and Chicana artists, writers, musicians, and filmmakers engage this history in order to resist the disenfranchising effects of legal institutions, including the prison and the court.Gutiérrez-Jones examines the process by which Chicanos have become associated with criminality in both our legal institutions and our mainstream popular culture and thereby offers a new way of understanding minority social experience. Drawing on gender studies and psychoanalysis, as well as critical legal and race studies, Gutiérrez-Jones's approach to the law and legal discourse reveals the high stakes involved when concepts of social justice are fought out in the home, in the workplace and in the streets.   [brief]
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Title: Oedipus lex: psychoanalysis, history, law 
Author: Goodrich, Peter 1954-
Published: University of California Press,  1995
Subjects: Philosophy | Social and Political Thought | Law | Intellectual History
Publisher's Description: Oedipus Lex offers an original and evocative reading of legal history and institutional practice in the light of psychoanalysis and aesthetics. It explores the unconscious of law through a wealth of historical and contemporary examples. Peter Goodrich provides an anatomy of law's melancholy and boredom, of addiction to law, of legal repressions, and the aesthetics of jurisprudence. He retraces the genealogy of law and invokes the failures and exclusions - the poets, women, and outsiders - that legal science has left in its wake.Goodrich analyzes the role and power of the image of law and details the history of law's plural jurisdictions and traditions of resistance to law. He explores mechanisms of repression and representation as constituents of modern subjectivity, using long-abandoned medieval texts and early appearances of feminism as resources for the understanding and renewal of legal scholarship. Not simply deconstruction but also reconstruction, this work is keenly attuned to the discontinuties, silences, and gaps in the cultural tradition called law.   [brief]
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Title: Dioscorus of Aphrodito: his work and his world 
Author: MacCoull, Leslie B
Published: University of California Press,  1989
Subjects: Classics
Publisher's Description: From the hand of Dioscorus of Aphrodito, sixth-century Coptic lawyer and poet, we have the only autograph poems to come down to us on papyrus from the late ancient world. Both the poetry he wrote for special occasions and the documents he produced in his legal career, in Greek and Coptic, reflect the major preoccupations of Dioscorus' society and his age: the nature of Byzantine imperial government, the patronage of the powerful elite, and the spirituality of the Egyptian Christian church. Thanks to residence in Egypt and many years of work with the original papyri, Leslie S. B. MacCoull is able to present a comprehensive picture of Dioscorus and his times. Through detailed analyses of the documents and poems, some previously unknown, she leads us to a fresh perception of the Coptic culture of Byzantine Egypt. She reveals the man and his world as inheritors of and contributors to the Egyptian-Classical-Christian fusion of society and intellectual life that gave birth to Gnosticism and the Desert Fathers. Dioscorus of Aphrodito epitomizes the little-known cultural flowering of late antique Egypt, which is now seen not as a place of sterility and decadence, but as the home of a strikingly original and creative culture whose subsequent eclipse still remains unexplained.   [brief]
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Title: Stories in the time of cholera: racial profiling during a medical nightmare
Author: Briggs, Charles L 1953-
Published: University of California Press,  2003
Subjects: Anthropology | Latin American Studies | Ethnic Studies | Disease | Medical Anthropology
Publisher's Description: Cholera, although it can kill an adult through dehydration in half a day, is easily treated. Yet in 1992-93, some five hundred people died from cholera in the Orinoco Delta of eastern Venezuela. In some communities, a third of the adults died in a single night, as anthropologist Charles Briggs and Clara Mantini-Briggs, a Venezuelan public health physician, reveal in their frontline report. Why, they ask in this moving and thought-provoking account, did so many die near the end of the twentieth century from a bacterial infection associated with the premodern past? It was evident that the number of deaths resulted not only from inadequacies in medical services but also from the failure of public health officials to inform residents that cholera was likely to arrive. Less evident were the ways that scientists, officials, and politicians connected representations of infectious diseases with images of social inequality. In Venezuela, cholera was racialized as officials used anthropological notions of "culture" in deflecting blame away from their institutions and onto the victims themselves. The disease, the space of the Orinoco Delta, and the "indigenous ethnic group" who suffered cholera all came to seem somehow synonymous. One of the major threats to people's health worldwide is this deadly cycle of passing the blame. Carefully documenting how stigma, stories, and statistics circulate across borders, this first-rate ethnography demonstrates that the process undermines all the efforts of physicians and public health officials and at the same time contributes catastrophically to epidemics not only of cholera but also of tuberculosis, malaria, AIDS, and other killers. The authors have harnessed their own outrage over what took place during the epidemic and its aftermath in order to make clear the political and human stakes involved in the circulation of narratives, resources, and germs.   [brief]
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Title: In the house of the law: gender and Islamic law in Ottoman Syria and Palestine
Author: Tucker, Judith E
Published: University of California Press,  1998
Subjects: History | Middle Eastern History | Law | Islam | Women's Studies | Middle Eastern Studies | Islam
Publisher's Description: In an rewarding new study, Tucker explores the way in which Islamic legal thinkers understood Islam as it related to women and gender roles. In seventeenth and eighteenth century Syria and Palestine, Muslim legal thinkers gave considerable attention to women's roles in society, and Tucker shows how fatwa s, or legal opinions, greatly influenced these roles. She challenges prevailing views on Islam and gender, revealing Islamic law to have been more fluid and flexible than previously thought. Although the legal system had a consistent patriarchal orientation, it was modulated by sensitivities to the practical needs of women, men, and children. In her comprehensive overview of a field long neglected by scholars, Tucker deepens our understanding of how societies, including our own, construct gender roles.   [brief]
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Title: From craft to profession: the practice of architecture in nineteenth-century America
Author: Woods, Mary N 1950-
Published: University of California Press,  1999
Subjects: Architecture | Architectural History | United States History
Publisher's Description: This is the first in-depth study of how the architectural profession emerged in early American history. Mary Woods dispels the prevailing notion that the profession developed under the leadership of men formally schooled in architecture as an art during the late nineteenth century. Instead, she cites several instances in the early 1800s of craftsmen-builders who shifted their identity to that of professional architects. While struggling to survive as designers and supervisors of construction projects, these men organized professional societies and worked for architectural education, appropriate compensation, and accreditation.In such leading architectural practitioners as B. Henry Latrobe, Alexander J. Davis, H. H. Richardson, Louis Sullivan, and Stanford White, Woods sees collaborators, partners, merchandisers, educators, and lobbyists rather than inspired creators. She documents their contributions as well as those, far less familiar, of women architects and people of color in the profession's early days.Woods's extensive research yields a remarkable range of archival materials: correspondence among carpenters; 200-year-old lawsuits; architect-client spats; the organization of craft guilds, apprenticeships, university programs, and correspondence schools; and the structure of architectural practices, labor unions, and the building industry. In presenting a more accurate composite of the architectural profession's history, Woods lays a foundation for reclaiming the profession's past and recasting its future. Her study will appeal not only to architects, but also to historians, sociologists, and readers with an interest in architecture's place in America today.   [brief]
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Title: Jews in the notarial culture: Latinate wills in Mediterranean Spain, 1250-1350 
Author: Burns, Robert Ignatius
Published: University of California Press,  1996
Subjects: Medieval Studies | Judaism | Jewish Studies | European History | Law | Medieval History
Publisher's Description: In the rapidly transforming world of thirteenth-century Mediterranean Spain, the all-purpose scribe and contract lawyer known as the notary became a familiar figure. Most legal transactions of the Roman Law Renaissance were framed in this functionary's notoriously hasty shorthand. Notarial archives, then, offer a remarkable window on the daily life of this pluri-ethnic society. Robert I. Burns brings together the testimony of a multitude of documents, and transcribes in full nearly fifty will-related charters prepared by notaries, to give a never-before-seen view of Jewish society in that place and time.Wills can display the religious conscience, ethical institutions, social mobility, and property dynamics of whole groups or regions. Even a single testament allows a glimpse into the testator's family and into the life and times of the living person. Burns devotes special attention to women in wills and to women's wills, extracting rich information on medieval women and gender relationships.While learning much about the role of kings and courts and the dynamics of Christian-Jewish relations, the reader also gains rare insights into a unique Jewish community.   [brief]
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Title: Legal hermeneutics: history, theory, and practice 
Author: Leyh, Gregory
Published: University of California Press,  1992
Subjects: Politics | Political Theory | Postcolonial Studies | Law | Language and Linguistics
Publisher's Description: Interpretation of the law is based on assumptions about the nature of texts, language, and the act of interpretation itself. These fourteen new essays trace the origin of these assumptions, examine their philosophical implications, and extend legal interpretation in new and constructive directions.
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Title: The vestal and the fasces: Hegel, Lacan, property, and the feminine 
Author: Schroeder, Jeanne Lorraine
Published: University of California Press,  1998
Subjects: Law | Philosophy | Gender Studies
Publisher's Description: In this feminist exploration of the erotics of the marketplace, Hegel's notion of property and Lacan's idea of the phallus serve parallel functions in creating the subjectivity necessary for self-actualization. Subjectivity requires intersubjective relationships mediated through a regime of possessing, enjoying, and exchanging an object of desire. For Hegel, this regime is property; for Lacan, it is sexuality, symbolized by the Phallus, which we conflate with the male organ and the female body. Property law, in Jeanne Schroeder's account, is implicitly figured by similar anatomical metaphors for that which men wish to possess and that which women try to be and enjoy. This is reflected in imagery taken from ancient Rome - the axe and bundle of sticks known as the Fasces, and the virgin priestess called the Vestal.Schroeder traces the persistence of phallic metaphors in modern jurisprudence. Rejecting the dominant schools of legal feminism, she reconceptualizes property - the legal relationship as well as its not necessarily material object - as a necessary moment in the human struggle for love and recognition. The Feminine, for Schroeder, is the radical negativity at the heart of both Lacan's split subject and Hegel's concept of freedom. Feminine emancipation and private property are, therefore, equally necessary conditions for the actualization of the free individual and the just society. Feminist scholars, social theorists, political scientists, philosophers, and lawyers will find in Schroeder's analysis scintillating new perspectives on property theory and the feminine within the market and the law.   [brief]
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Title: Silicon second nature: culturing artificial life in a digital world
Author: Helmreich, Stefan 1966-
Published: University of California Press,  1998
Subjects: Science | Computer Science | Biology | Technology and Society | Social Theory | Cultural Anthropology | California and the West
Publisher's Description: Silicon Second Nature takes us on an expedition into an extraordinary world where nature is made of bits and bytes and life is born from sequences of zeroes and ones. Artificial Life is the brainchild of scientists who view self-replicating computer programs - such as computer viruses - as new forms of life. Anthropologist Stefan Helmreich's look at the social and simulated worlds of Artificial Life - primarily at the Santa Fe Institute, a well-known center for studies in the sciences of complexity - introduces readers to the people and programs connected with this unusual hybrid of computer science and biology.When biology becomes an information science, when DNA is downloaded into virtual reality, new ways of imagining "life" become possible. Through detailed dissections of the artifacts of Artifical Life, Helmreich explores how these novel visions of life are recombining with the most traditional tales told by Western culture. Because Artificial Life scientists tend to see themselves as masculine gods of their cyberspace creations, as digital Darwins exploring frontiers filled with primitive creatures, their programs reflect prevalent representations of gender, kinship, and race, and repeat origin stories most familiar from mythical and religious narratives.But Artificial Life does not, Helmreich says, simply reproduce old stories in new software. Much like contemporary activities of cloning, cryonics, and transgenics, the practice of simulating and synthesizing life in silico challenges and multiplies the very definition of vitality. Are these models, as some would claim, actually another form of the real thing? Silicon Second Nature takes Artifical Life as a symptom and source of our mutating visions of life itself.   [brief]
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Title: The prince and the law, 1200-1600: sovereignty and rights in the western legal tradition
Author: Pennington, Kenneth
Published: University of California Press,  1993
Subjects: History | Medieval History | Law
Publisher's Description: The power of the prince versus the rights of his subjects is one of the basic struggles in the history of law and government. In this masterful history of monarchy, conceptions of law, and due process, Kenneth Pennington addresses that struggle and opens an entirely new vista in the study of Western legal tradition.Pennington investigates legal interpretations of the monarch's power from the twelfth to the seventeenth century. Then, tracing the evolution of defendants' rights, he demonstrates that the origins of due process are not rooted in English common law as is generally assumed. It was not a sturdy Anglo-Saxon, but, most probably, a French jurist of the late thirteenth century who wrote, "A man is innocent until proven guilty."This is the first book to examine in detail the origins of our concept of due process. It also reveals a fascinating paradox: while a theory of individual rights was evolving, so, too, was the concept of the prince's "absolute power." Pennington illuminates this paradox with a clarity that will greatly interest students of political theory as well as legal historians.   [brief]
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Title: Gender trials: emotional lives in contemporary law firms
Author: Pierce, Jennifer L 1958-
Published: University of California Press,  1996
Subjects: Gender Studies | Law | Sociology | Social Problems | Women's Studies
Publisher's Description: This engaging ethnography examines the gendered nature of today's large corporate law firms. Although increasing numbers of women have become lawyers in the past decade, Jennifer Pierce discovers that the double standards and sexist attitudes of legal bureaucracies are a continuing problem for women lawyers and paralegals.Working as a paralegal, Pierce did ethnographic research in two law offices, and her depiction of the legal world is quite unlike the glamorized version seen on television. Pierce tellingly portrays the dilemma that female attorneys face: a woman using tough, aggressive tactics - the ideal combative litigator - is often regarded as brash or even obnoxious by her male colleagues. Yet any lack of toughness would mark her as ineffective.Women paralegals also face a double bind in corporate law firms. While lawyers depend on paralegals for important work, they also expect these women - for most paralegals are women - to nurture them and affirm their superior status in the office hierarchy. Paralegals who mother their bosses experience increasing personal exploitation, while those who do not face criticism and professional sanction. Male paralegals, Pierce finds, do not encounter the same difficulties that female paralegals do.Pierce argues that this gendered division of labor benefits men politically, economically, and personally. However, she finds that women lawyers and paralegals develop creative strategies for resisting and disrupting the male-dominated status quo. Her lively narrative and well-argued analysis will be welcomed by anyone interested in today's gender politics and business culture.   [brief]
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Title: True gardens of the gods: Californian-Australian environmental reform, 1860-1930
Author: Tyrrell, Ian R
Published: University of California Press,  1999
Subjects: History | California and the West | Environmental Studies
Publisher's Description: One of the most critical environmental challenges facing both Californians and Australians in the 1860s involved the aftermath of the gold rushes. Settlers on both continents faced the disruptive impacts of mining, grazing, and agriculture; in response to these challenges, environmental reformers attempted to remake the natural environment into an idealized garden landscape. As this cutting-edge history shows, an important result of this nineteenth-century effort to "renovate" nature was a far-reaching exchange of ideas between the United States - especially in California - and Australia. Ian Tyrrell demonstrates how Californians and Australians shared plants, insects, personnel, technology, and dreams, creating a system of environmental exchange that transcended national and natural boundaries. True Gardens of the Gods traces a new nineteenth-century environmental sensibility that emerged from the collision of European expansion with these frontier environments.Tyrrell traces historical ideas and personalities, provides in-depth discussions of introduced plants species (such as the eucalyptus and Monterey Pine), looks at a number of scientific programs of the time, and measures the impact of race, class, and gender on environmental policy. The book represents a new trend toward studying American history from a transnational perspective, focusing especially on a comparison of American history with the history of similar settler societies. Through the use of original research and an innovative methodology, this book offers a new look at the history of environmentalism on a regional and global scale.   [brief]
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Title: Morality tales: law and gender in the Ottoman court of Aintab
Author: Peirce, Leslie P
Published: University of California Press,  2003
Subjects: History | Middle Eastern Studies | Middle Eastern History | Gender Studies
Publisher's Description: In this skillful analysis, Leslie Peirce delves into the life of a sixteenth-century Middle Eastern community, bringing to light the ways that women and men used their local law court to solve personal, family, and community problems. Examining one year's proceedings of the court of Aintab, an Anatolian city that had recently been conquered by the Ottoman sultanate, Peirce argues that local residents responded to new opportunities and new constraints by negotiating flexible legal practices. Their actions and the different compromises they reached in court influenced how society viewed gender and also created a dialogue with the ruling regime over mutual rights and obligations. Locating its discussion of gender and legal issues in the context of the changing administrative practices and shifting power relations of the period, Morality Tales argues that it was only in local interpretation that legal rules acquired vitality and meaning.   [brief]
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Title: The human difference: animals, computers, and the necessity of social science 
Author: Wolfe, Alan 1942-
Published: University of California Press,  1993
Subjects: Sociology | Social Theory | Political Theory | Postcolonial Studies | Religion | Christianity
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Title: Gimme some truth: the John Lennon FBI files
Author: Wiener, Jon
Published: University of California Press,  2000
Subjects: American Studies | Politics | Sociology | Social Problems | Music | Social Theory | Cultural Anthropology | Law
Publisher's Description: When FBI Director J. Edgar Hoover reported to the Nixon White House in 1972 about the Bureau's surveillance of John Lennon, he began by explaining that Lennon was a "former member of the Beatles singing group." When a copy of this letter arrived in response to Jon Wiener's 1981 Freedom of Information request, the entire text was withheld - along with almost 200 other pages - on the grounds that releasing it would endanger national security. This book tells the story of the author's remarkable fourteen-year court battle to win release of the Lennon files under the Freedom of Information Act in a case that went all the way to the Supreme Court. With the publication of Gimme Some Truth , 100 key pages of the Lennon FBI file are available - complete and unexpurgated, fully annotated and presented in a "before and after" format.Lennon's file was compiled in 1972, when the war in Vietnam was at its peak, when Nixon was facing reelection, and when the "clever Beatle" was living in New York and joining up with the New Left and the anti-war movement. The Nixon administration's efforts to "neutralize" Lennon are the subject of Lennon's file. The documents are reproduced in facsimile so that readers can see all the classification stamps, marginal notes, blacked out passages and - in some cases - the initials of J. Edgar Hoover. The file includes lengthy reports by confidential informants detailing the daily lives of anti-war activists, memos to the White House, transcripts of TV shows on which Lennon appeared, and a proposal that Lennon be arrested by local police on drug charges.Fascinating, engrossing, at points hilarious and absurd, Gimme Some Truth documents an era when rock music seemed to have real political force and when youth culture challenged the status quo in Washington. It also delineates the ways the Reagan, Bush, and Clinton administrations fought to preserve government secrecy, and highlights the legal strategies adopted by those who have challenged it.   [brief]
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Title: The paradox of plenty: oil booms and petro-states
Author: Karl, Terry Lynn 1947-
Published: University of California Press,  1997
Subjects: Politics | Economics and Business | Latin American Studies
Publisher's Description: The Paradox of Plenty explains why, in the midst of two massive oil booms in the 1970s, oil-exporting governments as different as Venezuela, Iran, Nigeria, Algeria, and Indonesia chose common development paths and suffered similarly disappointing outcomes. Meticulously documented and theoretically innovative, this book illuminates the manifold factors - economic, political, and social - that determine the nature of the oil state, from the coherence of public bureaucracies, to the degree of centralization, to patterns of policy-making. Karl contends that oil countries, while seemingly disparate, are characterized by similar social classes and patterns of collective action. In these countries, dependence on petroleum leads to disproportionate fiscal reliance on petrodollars and public spending, at the expense of statecraft. Oil booms, which create the illusion of prosperity and development, actually destabilize regimes by reinforcing oil-based interests and further weakening state capacity.Karl's incisive investigation unites structural and choice-based approaches by illuminating how decisions of policymakers are embedded in institutions interacting with domestic and international markets. This approach - which Karl dubs "structured contingency" - uses a state's leading sector as the starting point for identifying a range of decision-making choices, and ends by examining the dynamics of the state itself.   [brief]
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Title: In Search of equality: the Chinese struggle against discrimination in nineteenth-century America
Author: McClain, Charles J
Published: University of California Press,  1994
Subjects: Law | California and the West | History | United States History | Californian and Western History | American Studies | Asian American Studies
Publisher's Description: Charles McClain's illuminating new study probes Chinese efforts to battle manifold discrimination - in housing, employment, and education - in nineteenth-century America. Challenging the stereotypical image of a passive, insular group, McClain reveals a politically savvy population capable of mobilizing to fight mistreatment. He draws on English- and Chinese-language documents and rarely studied sources to chronicle the ways the Chinese sought redress and change in American courts.McClain focuses on the San Francisco Bay Area, the home of almost one-fifth of the fifty thousand Chinese working in California in 1870. He cites cases in which Chinese laundrymen challenged the city of San Francisco's discriminatory building restrictions, and lawsuits brought by parents to protest the exclusion of Chinese children from public schools. While vindication in the courtroom did not always bring immediate change (Chinese schoolchildren in San Francisco continued to be segregated well into the twentieth century), the Chinese community's efforts were instrumental in establishing several legal landmarks.In their battles for justice, the Chinese community helped to clarify many judicial issues, including the parameters of the Fourteenth Amendment and the legal meanings of nondiscrimination and equality. Discussing a wide range of court cases and gleaning their larger constitutional significance, In Search of Equality brings to light an important chapter of American cultural and ethnic history. It should attract attention from American and legal historians, ethnic studies scholars, and students of California culture.   [brief]
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