Title: Small property versus big government: social origins of the property tax revolt 
Author: Lo, Clarence Y. H
Published: University of California Press,  1990
Subjects: Sociology | American Studies | Public Policy | Law | Sociology
Publisher's Description: Tax reformers, take note. Clarence Lo's investigation of California's Proposition 13 and other tax reduction bills is both a tribute and a warning to people who get "mad as hell" and try to do something about being pushed around by government. Homeowners in California, faced with impossible property tax bills in the 1970s, got mad and pushed back, starting an avalanche that swept tax limitation measures into state after state. What we learn is that, although the property tax was slashed, two-thirds of the benefits went to business owners rather than homeowners.How did a crusade launched by homeowning consumers seeking tax relief end up as a pro-business, supply-side political program? To trace the transformation, Lo uses the firsthand recollections of 120 activists in the movement, going back to the 1950s. He shows how their protests were ignored, until a suburban alliance of upper-middle-class property owners and business owners took charge. It was the program of that latter group, not the plight of the moderate-income homeowner, which inspired tax revolts across the nation and shaped the economic policies of the Reagan administration.   [brief]
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Title: "Beyond reasonable doubt" and "probable cause": historical perspectives on the Anglo-American law of evidence 
Author: Shapiro, Barbara J
Published: University of California Press,  1991
Subjects: History | European History | United States History | Rhetoric | Law
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Title: The cigarette papers 
Author: Glantz, Stanton A
Published: University of California Press,  1998
Subjects: Politics | Medicine | Public Policy | Law | United States History
Publisher's Description: Around-the-clock tobacco talks, multibillion-dollar lawsuits against the major cigarette companies, and legislative wrangling over how much to tax a pack of cigarettes - these are some of the most recent episodes in the war against the tobacco companies. The Cigarette Papers shows what started it all: revelations that tobacco companies had long known the grave dangers of smoking, and did nothing about it.In May 1994 a box containing 4,000 pages of internal tobacco industry documents arrived at the office of Professor Stanton Glantz at the University of California, San Francisco. The anonymous source of these "cigarette papers" was identified only as "Mr. Butts." These documents provide a shocking inside account of the activities of one tobacco company, Brown & Williamson, over more than thirty years. Quoting extensively from the documents themselves and analyzing what they reveal, The Cigarette Papers shows what the tobacco companies have known and galvanizes us to take action.   [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: The lustre of our country: the American experience of religious freedom
Author: Noonan, John Thomas 1926-
Published: University of California Press,  1998
Subjects: Law | United States History | Religion | American Studies | Politics
Publisher's Description: A New York Times Notable Book This remarkable work offers a fresh approach to a freedom that is often taken for granted in the United States, yet is one of the strongest and proudest elements of American culture: religious freedom. In this compellingly written, distinctively personal book, Judge John T. Noonan asserts that freedom of religion, as James Madison conceived it, is an American invention previously unknown to any nation on earth. The Lustre of Our Country demonstrates how the idea of religious liberty is central to the American experience and to American influence around the world.Noonan's original book is a history of the idea of religious liberty and its relationship with the law. He begins with an intellectual autobiography, describing his own religious and legal training. After setting the stage with autobiography, Noonan turns to history, with each chapter written in a new voice. One chapter takes the form of a catechism (questions and answers), presenting the history of the idea of religious freedom in Christianity and the American colonies. Another chapter on James Madison argues that Madison's support of religious freedom was not purely secular but rather the outcome of his own religious beliefs. A fictional sister of Alexis de Toqueville writes, contrary to her brother's work, that the U.S. government is very closely tied to religion. Other chapters offer straightforward considerations of constitutional law.Throughout the book, Noonan shows how the free exercise of religion led to profound changes in American law - he discusses abolition, temperance, and civil rights - and how the legal notion of religious liberty influenced revolutionary France, Japan, and Russia, as well as the Catholic Church during Vatican II. The Lustre of Our Country is a celebration of religious freedom - a personal and profound statement on what the author considers America's greatest moral contribution to the world.   [brief]
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Title: Transforming free speech: the ambiguous legacy of civil libertarianism 
Author: Graber, Mark A
Published: University of California Press,  1991
Subjects: Law | Social and Political Thought | Politics
Publisher's Description: Contemporary civil libertarians claim that their works preserve a worthy American tradition of defending free-speech rights dating back to the framing of the First Amendment. Transforming Free Speech challenges the worthiness, and indeed the very existence of one uninterrupted libertarian tradition.Mark A. Graber asserts that in the past, broader political visions inspired libertarian interpretations of the First Amendment. In reexamining the philosophical and jurisprudential foundations of the defense of expression rights from the Civil War to the present, he exposes the monolithic free-speech tradition as a myth. Instead of one conception of the system of free expression, two emerge: the conservative libertarian tradition that dominated discourse from the Civil War until World War I, and the civil libertarian tradition that dominates later twentieth-century argument.The essence of the current perception of the American free-speech tradition derives from the writings of Zechariah Chafee, Jr. (1885-1957), the progressive jurist most responsible for the modern interpretation of the First Amendment. His interpretation, however, deliberately obscured earlier libertarian arguments linking liberty of speech with liberty of property. Moreover, Chafee stunted the development of a more radical interpretation of expression rights that would give citizens the resources and independence necessary for the effective exercise of free speech. Instead, Chafee maintained that the right to political and social commentary could be protected independent of material inequalities that might restrict access to the marketplace of ideas. His influence enfeebled expression rights in a world where their exercise depends increasingly on economic power.Untangling the libertarian legacy, Graber points out the disjunction in the libertarian tradition to show that free-speech rights, having once been transformed, can be transformed again. Well-conceived and original in perspective, Transforming Free Speech will interest political theorists, students of government, and anyone interested in the origins of the free-speech tradition in the United States.   [brief]
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Title: Private lives and public affairs: the causes célèbres of prerevolutionary France
Author: Maza, Sarah C 1953-
Published: University of California Press,  1993
Subjects: History | Law | European History | European Literature | French Studies
Publisher's Description: From 1770 to 1789 a succession of highly publicized cases riveted the attention of the French public. Maza argues that the reporting of these private scandals had a decisive effect on the way in which the French public came to understand public issues in the years before the Revolution.
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Title: Punishment: theory and practice 
Author: Tunick, Mark
Published: University of California Press,  1992
Subjects: Politics | Political Theory | Social and Political Thought | Law
Publisher's Description: What actions should be punished? Should plea-bargaining be allowed? How should sentencing be determined? In this original, penetrating study, Mark Tunick explores not only why society punishes wrongdoing, but also how it implements punishment.Contending that the theory and practice of punishment are inherently linked, Tunick draws on a broad range of thinkers, from the radical criticisms of Nietzsche, Foucault, and some Marxist theorists through the sociological theories of Durkheim and Girard to various philosophical traditions and the "law and economics" movement. He defends punishment against its radical critics and offers a version of retribution, distinct from revenge, that holds that we punish not to deter or reform, but to mete out just deserts, vindicate right, and express society's righteous anger. Demonstrating first how this theory best accounts for how punishment is carried out, he then provides "immanent criticism" of certain features of our practice that don't accord with the retributive principle.Thought-provoking and deftly argued, Punishment will garner attention and spark debate among political theorists, philosophers, legal scholars, sociologists, and criminologists.   [brief]
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Title: The fourth estate and the Constitution: freedom of the press in America 
Author: Powe, L. A. Scot
Published: University of California Press,  1992
Subjects: Law | Politics | American Studies | Media Studies
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Title: The unity of the common law: studies in Hegelian jurisprudence 
Author: Brudner, Alan
Published: University of California Press,  1995
Subjects: Philosophy | Law | Social and Political Thought | Political Theory
Publisher's Description: Countering the influential view of Critical Legal Studies that law is an incoherent mixture of conflicting political ideologies, this book forges a new paradigm for understanding the common law as being unified and systematic. Alan Brudner applies Hegel's legal and moral philosophy to fashion a comprehensive synthesis of the common law of property, contract, tort, and crime.At a time when there is a strong tendency among scholars to view the common law as essentially fragmentary, inconsistent, and contradictory, Brudner suggests instead a coherence that synthesizes several interrelated dichotomies: good-centered and right-based legal paradigms, instrumental and non-instrumental conceptions of law, externalist and internalist interpretations of the common law system, and communitarian and individualist attempts to found the legal enterprise.Brudner covers genuinely new ground through an interpretation of the common law from the standpoint of Hegelian legal philosophy. His unifying notion of common law corresponds to Hegel's notion of Geist , suggesting a designation of the mutual dependence of the community and the atomistic self for their confirmation as ends.   [brief]
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Title: The longest night: polemics and perspectives on election 2000 
Author: Jacobson, Arthur J
Published: University of California Press,  2002
Subjects: Politics | Social and Political Thought | Law
Publisher's Description: The American presidential election of 2000 was perhaps the most remarkable, and in many ways the most unsettling, that the country has yet experienced. The millennial election raised fundamental questions not only about American democracy, but also about the nation's constitution and about the legitimate role of American courts, state and federal, and in particular about the United States Supreme Court. The Longest Night presents a lively and informed reaction to the legal aftermath of the election by the most prominent experts on the subject. With a balance of opposing views - including those of some of the most distinguished foreign commentators writing on the subject today - the contributors present an unusual breadth of perspectives in addressing the judicial, institutional, and political questions involved in the disputed election. Their commentaries bring the confusion and frenzy of the event into clear focus and lay the groundwork for an essential public debate that is sure to continue well into the future. The Longest Night contains a thorough chronology of the events in Florida, a detailed account of the institutional structure of American presidential elections, a series of analyses both criticizing and defending the decisions in Bush v. Gore, American perspectives on the Florida struggle and America's electoral system, and a debate on maintaining or reforming the electoral college. The authors include participants in the legal and political battles surrounding the Florida election, foreigners charged with monitoring and supervising elections, and scholars from many disciplines specializing in constitutionalism, democracy, and American election law. Contributors   [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: American gulag: inside U.S. immigration prisons
Author: Dow, Mark
Published: University of California Press,  2004
Subjects: Politics | American Studies | Anthropology | Ethnic Studies | Law | Sociology
Publisher's Description: Before September 11, 2001, few Americans had heard of immigration detention, but in fact a secret and repressive prison system run by the U.S. Immigration and Naturalization Service has existed in this country for more than two decades. In American Gulag, prisoners, jailers, and whistle-blowing federal officials come forward to describe the frightening reality inside these INS facilities. Journalist Mark Dow's on-the-ground reporting brings to light documented cases of illegal beatings and psychological torment, prolonged detention, racism, and inhumane conditions. Intelligent, impassioned, and unlike anything that has been written on the topic, this gripping work of investigative journalism should be read by all Americans. It is a book that will change the way we see our country. American Gulag takes us inside prisons such as the Krome North Service Processing Center in Miami, the Corrections Corporation of America's Houston Processing Center, and county jails around the country that profit from contracts to hold INS prisoners. It contains disturbing in-depth profiles of detainees, including Emmy Kutesa, a defector from the Ugandan army who was tortured and then escaped to the United States, where he was imprisoned in Queens, and then undertook a hunger strike in protest. To provide a framework for understanding stories like these, Dow gives a brief history of immigration laws and practices in the United States - including the repercussions of September 11 and present-day policies. His book reveals that current immigration detentions are best understood not as a well-intentioned response to terrorism but rather as part of the larger context of INS secrecy and excessive authority. American Gulag exposes the full story of a cruel prison system that is operating today with an astonishing lack of accountability.   [brief]
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Title: Rethinking the American race problem 
Author: Brooks, Roy L. (Roy Lavon) 1950-
Published: University of California Press,  1990
Subjects: American Studies | Law | Politics | Ethnic Studies
Publisher's Description: If the conservative view of the American race problem is frightening, the traditional liberal view seems impotent. Analyzing the race problem from neither right nor left, Brooks sheds a new and clarifying light on America's longest running social and moral dilemma.This incisive book provides a bold new examination of the seemingly intractable racial problems confronting Americans at the end of the twentieth century. In a wide-ranging and probing study, Brooks calls into question the prevailing wisdom about racism, civil rights legislation, and the composition of the Black community, going on to offer a dramatic new approach to the race problem. In Brooks' mind, civil rights laws - laws targeted at racial discrimination - have not only failed to engender racial equality, but have in fact had a negative effect on the standard of living of many Blacks. Brooks defines the American race problem so as to carefully separate racial oppression from (economic) class oppression and explains how civil rights legislation since the 1960s has hurt Black Americans of every class. He offers a strategy for resolving the country's racial inequities, unique in its attentiveness to class division in Black society, that combines governmental remedies and an unprecedented program of Black self-help.While Brooks argues that the government has the means to resolve the race dilemma, he suggests that it lacks the spirit to do so. Thus, it may be time for Black Americans to come to grips with an unpleasant reality - namely, that they can count on the government only for minimal alleviation, and must take on the larger portion of responsibility for resolving the American race problem themselves.Certain to arouse controversy, Rethinking the American Race Problem offers new understandings of issues often clouded by misconceptions and backward notions. It is an important book for anyone concerned about the current state of race relations in America.   [brief]
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Title: Slide Mountain, or, The folly of owning nature 
Author: Steinberg, Theodore 1961-
Published: University of California Press,  1995
Subjects: Law | Environmental Studies | United States History | American Studies
Publisher's Description: The drive to own the natural world in twentieth-century America seems virtually limitless. Signs of this national penchant for possessing nature are everywhere - from suburban picket fences to elaborate schemes to own underground water, clouds, even the ocean floor.Yet, as Theodore Steinberg demonstrates in this compelling, witty look at Americans' attempts to master the environment, nature continually turns these efforts into folly. In a rich, narrative style recalling the work of John McPhee, Steinberg tours America to explore some of the more unusual dilemmas that have arisen in our struggle to possess nature.Beginning along the Missouri River, Steinberg recounts the battle for three thousand acres of land the river carved from a Nebraska Indian reservation and deposited in Iowa. Then he travels to Louisiana, where an army of lawyers butted heads over whether Six Mile Lake was actually a lake or a stream. He continues to Arizona to investigate who owned the underground, then to Pennsylvania's Blue Ridge Mountains to see who claimed the clouds. He ends in crowded New York City with Donald Trump's struggle for air rights.Americans' obsession with owning nature was immortalized by Mark Twain in the tale of Slide Mountain, where a landslide-prone Nevada peak turned the American dream of real estate into dust. In relating these modern-day "Slide Mountain" stories, Steinberg illuminates what it means to live in a culture of property where everything must have an owner.   [brief]
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Title: There's something happening here: the New Left, the Klan, and FBI counterintelligence
Author: Cunningham, David 1970-
Published: University of California Press,  2004
Subjects: American Studies | History | Politics | Sociology | Law
Publisher's Description: Using over twelve thousand previously classified documents made available through the Freedom of Information Act, David Cunningham uncovers the riveting inside story of the FBI's attempts to neutralize political targets on both the Right and the Left during the 1960s. Examining the FBI's infamous counterintelligence programs (COINTELPROs) against suspected communists, civil rights and black power advocates, Klan adherents, and antiwar activists, he questions whether such actions were aberrations or are evidence of the bureau's ongoing mission to restrict citizens' right to engage in legal forms of political dissent. At a time of heightened concerns about domestic security, with the FBI's license to spy on U.S. citizens expanded to a historic degree, the question becomes an urgent one. This book supplies readers with insights and information vital to a meaningful assessment of the current situation. There's Something Happening Here looks inside the FBI's COINTELPROs against white hate groups and the New Left to explore how agents dealt with the hundreds of individuals and organizations labeled as subversive threats. Rather than reducing these activities to a product of the idiosyncratic concerns of longtime director J. Edgar Hoover, Cunningham focuses on the complex organizational dynamics that generated literally thousands of COINTELPRO actions. His account shows how--and why--the inner workings of the programs led to outcomes that often seemed to lack any overriding logic; it also examines the impact the bureau's massive campaign of repression had on its targets. The lessons of this era have considerable relevance today, and Cunningham extends his analysis to the FBI's often controversial recent actions to map the influence of the COINTELPRO legacy on contemporary debates over national security and civil liberties.   [brief]
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Title: Drug war politics: the price of denial
Author: Bertram, Eva
Published: University of California Press,  1996
Subjects: Politics | Public Policy | Law | Sociology | Medicine | American Studies
Publisher's Description: Why have our drug wars failed and how might we turn things around? Ask the authors of this hardhitting exposè of U.S. efforts to fight drug trafficking and abuse. In a bold analysis of a century's worth of policy failure, Drug War Politics turns on its head many familiar bromides about drug politics. It demonstrates how, instead of learning from our failures, we duplicate and reinforce them in the same flawed policies. The authors examine the "politics of denial" that has led to this catastrophic predicament and propose a basis for a realistic and desperately needed solution.Domestic and foreign drug wars have consistently fallen short because they are based on a flawed model of force and punishment, the authors show. The failure of these misguided solutions has led to harsher get-tough policies, debilitating cycles of more force and punishment, and a drug problem that continues to escalate. On the foreign policy front, billions of dollars have been wasted, corruption has mushroomed, and human rights undermined in Latin America and across the globe. Yet cheap drugs still flow abundantly across our borders. At home, more money than ever is spent on law enforcement, and an unprecedented number of people - disproportionately minorities - are incarcerated. But drug abuse and addiction persist.The authors outline the political struggles that help create and sustain the current punitive approach. They probe the workings of Washington politics, demonstrating how presidential and congressional "out-toughing" tactics create a logic of escalation while the criticisms and alternatives of reformers are sidelined or silenced. Critical of both the punitive model and the legalization approach, Drug War Politics calls for a bold new public health approach, one that frames the drug problem as a public health - not a criminal - concern. The authors argue that only by situating drug issues in the context of our fundamental institutions - the family, neighborhoods, and schools - can we hope to provide viable treatment, prevention, and law enforcement. In its comprehensive investigation of our long, futile battle with drugs and its original argument for fundamental change, this book is essential for every concerned citizen.   [brief]
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Title: Framing American divorce: from the revolutionary generation to the Victorians
Author: Basch, Norma
Published: University of California Press,  1999
Subjects: History | Law | United States History | Gender Studies | Victorian History
Publisher's Description: Divorce has become one of the most widely discussed issues in America. In this innovative exploration of the phenomenon of divorce in American society, Norma Basch uses a variety of analytic perspectives to enrich our understanding of the meaning of divorce during the formative years of both the nation and its law, roughly 1770 to 1870. She provides a fascinating, thoughtful look at divorce as a legal action, as an individual experience, and as a cultural symbol in its era of institutionalization and traces the powerful legacy of the first American divorce experiences for us today.Using a unique methodology, Basch fragments her story into three discrete but chronologically overlapping perspectives. In Part I, "Rules," she analyzes the changing legal and legislative aspects of divorce and the public response to them. Part II, "Mediations," focuses on individual cases and presents a close-up analysis of the way ordinary women and men tested the law in the courts. And Part III, "Representations," charts the spiraling imagery of divorce through various fiction and non-fiction narratives that made their way into American popular culture during the nineteenth century.The composite picture that emerges in Framing American Divorce is a vividly untidy one that exposes the gulf between legal and moral abstractions and everyday practices. Divorce, Basch argues, was always a focal point of conflict between the autonomy of women and the authority of men. Tracing the legal, social, and cultural experience of divorce allows Basch to provide a searching exploration of the limits of nineteenth-century ideals of domesticity, romantic love, and marriage, and their legacy for us today. She brings her findings up-to-date with a provocative discussion of the current debate over fault or no-fault divorce.   [brief]
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Title: A nationality of her own: women, marriage, and the law of citizenship 
Author: Bredbenner, Candice Lewis 1955-
Published: University of California Press,  1998
Subjects: History | United States History | Women's Studies | Law | Public Policy
Publisher's Description: In 1907, the federal government declared that any American woman marrying a foreigner had to assume the nationality of her husband, and thereby denationalized thousands of American women. This highly original study follows the dramatic variations in women's nationality rights, citizenship law, and immigration policy in the United States during the late Progressive and interwar years, placing the history and impact of "derivative citizenship" within the broad context of the women's suffrage movement. Making impressive use of primary sources, and utilizing original documents from many leading women's reform organizations, government agencies, Congressional hearings, and federal litigation involving women's naturalization and expatriation, Candice Bredbenner provides a refreshing contemporary feminist perspective on key historical, political, and legal debates relating to citizenship, nationality, political empowerment, and their implications for women's legal status in the United States. This fascinating and well-constructed account contributes profoundly to an important but little-understood aspect of the women's rights movement in twentieth-century America.   [brief]
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Title: Songs without music: aesthetic dimensions of law and justice
Author: Manderson, Desmond
Published: University of California Press,  2000
Subjects: Law | Philosophy | Ethics | Social and Political Thought | Intellectual History
Publisher's Description: In this pathbreaking and provocative analysis of the aesthetics of law, the historian, legal theorist, and musician Desmond Manderson argues that by treating a text, legal or otherwise, as if it were merely a sequence of logical propositions, readers miss its formal and symbolic meanings. Creatively using music as a model, he demonstrates that law is not a sterile, rational structure, but a cultural form to be valued and enhanced through rhetoric and metaphors, form, images, and symbols. To further develop this argument, the book is divided into chapters, each of which is based on a different musical form. Law, for Manderson, should strive for neither coherence nor integrity. Rather, it is imperfectly realized, constantly reinterpreted, and always in flux. Songs without Music is written in an original, engaging, and often humorous style, and exhibits a deep knowledge of both law and music. It successfully traverses several disciplines and builds an original and persuasive argument for a legal aesthetic. The book will appeal to a broad readership in law, political theory, literary criticism, and cultural studies.   [brief]
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