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Defending Pornography: Free Speech & the Fight for Women’s Rights
Nadine Strossen
The newest attacks on the First Amendment and on free expression have come from a vocal and influential segment of the feminist movement that has launched a successful - and puritanical - crusade against "pornography" as the root of discrimination and violence against women. But, as Nadine Strossen, president of the American Civil Liberties Union, forcefully argues, this view of sexuality as inherently dangerous does profound damage to human rights in general, and to women's rights in particular. In Defending Pornography, Strossen shows that, since the late 1970s, a new and startling alliance has been fused between "procensorship" feminists, most notably Catharine MacKinnon and Andrea Dworkin, and conservatives, many of whom oppose women's rights causes. Together they are campaigning against a wide range of sexually oriented expression, including not only art and literature, but also materials concerning abortion, contraception, AIDS and other sexually transmitted diseases, sexism, and sexual orientation. One of America's most visible and articulate advocates of both feminism and free speech, Strossen is in the vanguard of an increasingly vocal group of feminist women who adamantly oppose any effort to censor sexual expression. Women's rights, Strossen demonstrates, are far more endangered by censorship than by sexual words or images. Strossen eloquently argues that women do not have to choose between speech and equality, between dignity and sexuality, between safety and "our freedoms to read, think, speak, sing, write, paint, dance, dream, photograph, film, and fantasize as we wish". Offering a feminist's unique perspective on the history of obscenity laws, she shows that censorship has long been - and continues to be - used as a tool to repress information vital to women's equality, health, and reproductive autonomy. As Defending Pornography makes devastatingly clear, those who would restrict freedom of expression ultimately restrict women's rights.
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Power Without Responsibility: How Congress Abuses the People through Delegation (1995)
David Schoenbrod
This book argues that Congress's process for making law is as corrosive to the nation as unchecked deficit spending.
David Schoenbrod shows that Congress and the president, instead of making the laws that govern us, generally give bureaucrats the power to make laws through agency regulations. Our elected "lawmakers" then take credit for proclaiming popular but inconsistent statutory goals and later blame the inevitable burdens and disappointments on the unelected bureaucrats. The 1970 Clean Air Act, for example, gave the Environmental Protection Agency the impossible task of making law that would satisfy both industry and environmentalists. Delegation allows Congress and the president to wield power by pressuring agency lawmakers in private, but shed responsibility by avoiding the need to personally support or oppose the laws, as they must in enacting laws themselves.
Schoenbrod draws on his experience as an attorney with the Natural Resources Defense Council and on studies of how delegation actually works to show that this practice produces a regulatory system so cumbersome that it cannot provide the protection that people need, so large that it needlessly stifles the economy, and so complex that it keeps the voters from knowing whom to hold accountable for the consequences. Contending that delegation is unnecessary and unconstitutional, Schoenbrod has written the first book that shows how, as a practical matter, delegation can be stopped.
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The Center Holds: The Power Struggle Inside the Rehnquist Court
James F. Simon
The Center Holds provides an intimate look at who the Supreme Court justices are, how they have made critical decisions, and why, ultimately, the Rehnquist Revolution failed.
Focusing on four key areas of civil rights and liberties—racial discrimination, abortion, criminal law, and First Amendment freedoms—TheCenter Holds provides an in-depth look at the Supreme Court documents that illustrate the battle between the old liberal order and emerging conservative majority, beginning in the early 1980s. James F. Simon, a former Time correspondent and contributing editor, ex-dean of New York Law School, and nationally recognized scholar of constitutional law, examines key decisions on civil rights and civil liberties in a readable, intimate look at some key Supreme Court Cases and includes absorbing descriptions of confidential memos and drafts gleaned from sources from within the court. -
Caveat Venditor: A Manual for Consumer Representation in New York. 2nd ed
Stephen A. Newman and Elizabeth Imholz
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Everything a Working Mother Needs to Know
Anne Weisberg and Carol Buckler
The first handbook to help working mothers maintain and enhance their careers includes advice on handling colleagues' misconceptions, alternative work arrangements, and child care.
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Logic and Experience: The Origin of Modern American Legal Education
William P. LaPiana
The 19th century saw dramatic changes in the legal education system in the United States. Before the Civil War, lawyers learned their trade primarily through apprenticeship and self-directed study. By the end of the 19th century, the modern legal education system which was developed primarily by Dean Christopher Langdell at Harvard was in place: a bachelor's degree was required for admission to the new model law school, and a law degree was promoted as the best preparation for admission to the bar. William P. LaPiana provides an in-depth study of the intellectual history of the transformation of American legal education during this period. In the process, he offers a revisionist portrait of Langdell, the Dean of Harvard Law School from 1870 to 1900, and the earliest proponent for the modern method of legal education, as well as portraying for the first time the opposition to the changes at Harvard.
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Private Acts in Public Places: A Social History of Divorce in the Formative Era of American Family Law
Richard H. Chused
Richard H. Chused examines more than 1300 petitions for divorce in Maryland filed during the first half of the nineteenth century. By weaving together information on the legislative handling of these petitions, the voting patterns of the state legislators, and the judicial treatment of related disputes, Chused shows the connections between politics, regional differences, and the development of American family law. His analysis also provides valuable insights into the social history of the time, a period when traditional Southern family values were at odds with the more modern values brought about by urbanization.
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New York Evidentiary Foundations
Randolph N. Jonakait, H. Baer, E. S. Jones, and E. Imwinkelried
This textbook illustrates how to apply New York Evidence law teaching the reader how to lay out the foundations for the introduction of items of evidence. This book adds to the abstract evidentiary doctrines that many law students study. It is designed to teach the reader both the doctrines of evidence as well as how to present the evidentiary foundations necessary for trying a case.
This edition is the first edition where Professor Randolph N. Jonakait was asked to revise the text to make it more useful to New Yorkers. New York attorneys especially need tailored evidence materials because New York evidence law is not based on the Federal Rules of Evidence. Lawyers with educations from outside New York are often unaware of the differences.
This book proved to be greatly successful and Jonakait has gone on to write further editions.
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Of the People, By the People, for the People : the Congress, the Presidency, and the Supreme Court in American History
Richard B. Bernstein and Jerome Agel
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Litigation & Inequality: Federal Diversity Jurisdiction in Industrial America, 1870–1958
Edward A. Purcell Jr.
Through the prism of litigation practice and tactics, Purcell explores the dynamic relationship between legal and social change. He studies changing litigation patterns in suits between individuals and national corporations over tort claims for personal injuries and contract claims for insurance benefits. Purcell refines the "progressive" claim that the federal courts favored business enterprise during this time, identifying specific manners and times in which the federal courts reached decisions both in favor of and against national corporations. He also identifies 1892-1908 as a critical period in the evolution of the twentieth century federal judicial system.
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Health Care Proxies, Powers of Attorney, and Living Wills: Making Health Care Decisions: A Satellite Program
David P. Callahan and Peter J. Strauss
Table of Contents only
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Lawyers Under Fire: Attacks on Human Rights Attorneys in the Philippines (1988)
Norman Dorsen and Nadine Strossen
Lawyers Committee for Human Rights Asia Watch
October1988
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Are We to Be a Nation?: The Making of the Constitution
Richard B. Bernstein and Kym S. Rice
The Constitution of the United States is the product of a revolution in political thought as momentous as the winning of American independence. This profusely illustrated volume is a magnificent tribute to the oldest surviving charter of a federal republic. In a felicitous blend of words and pictures, Richard B. Bernstein retells the entire story of this revolution: the problems under the Articles of Confederation; the intense, often vituperative debate between Americans and Europeans over the brave new republican experiment; the arguing, reasoning, and reconciliation of interests before, during, and after the Federal Convention in 1787; the often bitter struggle for ratification in the thirteen states and the critical importance of The Federalist in the accompanying propaganda war; the beginnings of government under the Constitution; and the states’ adoption of the Bill of Rights.
The delegates to the Federal Convention were the foremost men of their states and regions—bookish but not reclusive, activist but not undisciplined, principled but not rigid. Bernstein’s colorful description of the intellectual and political ferment they first created and then controlled brings to life their heroic effort. Along with these lost chapters of our history, he shows how experiments in government were a critical part of Americans’ attempts to define their identity as a nation and a people.
The Constitution was the result of no miracle; the outcome was never foreordained. A blend of theory and practicality, it was to be understood by all, not just by experts, and was no talisman against evils or unyielding to new experiences. As it bound up the founding generation, it was to be a guide to their successors. Illuminating his discussion—and our understanding—of the Constitution is a huge array of rare, in some cases unique, documents assembled by The New York Public Library for its exhibition commemorating the bicentennial of the Constitution.
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Law of international telecommunication in the United States
Stephen Barnett, Michael Botein, and Eli Noam
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The Manager’s Guide to Resolving Legal Disputes: Better Results Without Litigation (1985)
James F. Henry and Jethro K. Lieberman
This is the first book to authoritatively explain an important and growing trend among corporations--what has been described by the New York Times as a "quiet revolution" in the way corporations are handling legal disputes. Its message is simple: disputes need not lead inevitably to the courtroom. Corporate decision-makers, using their business skills of negotiation and compromise, can help resolve legal disputes and avoid the trap of costly and time-consuming litigation. The Manager's Guide to Resolving Legal Disputes is the first book to examine the fundamentals of alternative dispute resolution, or ADR, an approach that has dramatically decreased the cost of litigation for many businesses and public institutions
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The Role of Courts in American Society: The Final Report of the Council on the Role of the Courts
Jethro K. Lieberman
Table of Contents only
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Marriage Settlements 1601-1740
Lloyd Bonfield
The history of the family has become an area of great interest, yet the property arrangements entered into upon marriage, a crucial aspect of the process of familial wealth transmission and distribution in the landed classes in early modern England, have never been systematically studied. In the light of evidence provided by hitherto unused family muniments, Dr Bonfield analyses the legal, social and economic aspects of these settlements, and discusses the development and impact of the strict settlement.
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Videotex and Electronic Publishing : A Legal, Regulatory, and Economic Analysis
Michael Botein, Alan Pearce, and Michael Sprague
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Checks and balances: The Alaska Pipeline Case
Jethro K. Lieberman
Illustrates the complex workings of the system of checks and balances by examining the building of the Alaska pipeline which involved the federal government, a state government, and the actions of private citizens.
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